Regular Session - July 1, 1994
6930
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9 ALBANY, NEW YORK
10 July 1, 1994
11 2:23 p.m.
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14 REGULAR SESSION
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18 LIEUTENANT-GOVERNOR STAN LUNDINE, President
19 STEPHEN F. SLOAN, Secretary
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6931
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. I would like to ask everyone
4 present to rise and repeat the Pledge of
5 Allegiance with me.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 In the absence of visiting
9 clergy, may we bow our heads in a moment of
10 silence.
11 (A moment of silence was
12 observed.)
13 The Secretary will read the
14 Journal.
15 THE SECRETARY: In Senate,
16 Thursday, June 30th. The Senate met pursuant to
17 adjournment, Senator Kuhl in the Chair upon
18 designation of the Temporary President. The
19 Journal of Wednesday, June 29th, was read and
20 approved. On motion, the Senate adjourned.
21 THE PRESIDENT: Hearing no
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
6932
1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Farley.
9 SENATOR FARLEY: Thank you, Mr.
10 President.
11 I have a motion to amend a bill
12 that's been recalled from the Assembly. Mr.
13 President, I wish to call up Senator Volker's
14 bill, Print Number 4829-A which was recalled
15 from the Assembly which is now at the desk.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: By Senator
19 Volker, Senate Bill Number 4829-A, an act to
20 amend the Criminal Procedure Law, in relation to
21 issuance of search warrants.
22 SENATOR FARLEY: Mr. President, I
23 now move to reconsider the vote by which this
6933
1 bill was passed.
2 THE PRESIDENT: Call the roll on
3 reconsideration.
4 (The Secretary called the roll on
5 reconsideration.)
6 THE SECRETARY: Ayes 38.
7 SENATOR FARLEY: Mr. President, I
8 now offer the following amendments and I also
9 move to discharge from the Committee on Rules,
10 Assembly Print 11744-A and substitute it for
11 Senator Volker's identical bill. The Senate
12 bill on first passage was voted unanimously. I
13 now move that the substituted Senate -- Assembly
14 bill have its third reading at this time.
15 THE PRESIDENT: Without
16 objection, the substitution is ordered. Third
17 reading. Last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Unanimous.
23 THE PRESIDENT: The bill is
6934
1 passed.
2 SENATOR ONORATO: Mr. President.
3 THE PRESIDENT: Senator Onorato.
4 SENATOR ONORATO: Senator
5 Markowitz has two privileged resolutions at the
6 desk. Ask you to read the titles, please.
7 THE PRESIDENT: The Secretary
8 will read the title.
9 THE SECRETARY: Legislative
10 Resolution, by Senator Markowitz, paying tribute
11 to Q Kingdom Ministries for its dedicated
12 service and to congratulate the scholarship
13 awardees.
14 THE PRESIDENT: On the
15 resolution, all those in favor say aye.
16 (Response of "Aye".)
17 Opposed, nay.
18 (There was no response.)
19 The ayes have it. The resolution
20 is adopted.
21 THE SECRETARY: Also Legislative
22 Resolution, by Senator Markowitz, commemorating
23 the 40th anniversary of the George W. Wingate
6935
1 High School.
2 THE PRESIDENT: On the
3 resolution, all those in favor say aye.
4 (Response of "Aye".)
5 Opposed, nay.
6 (There was no response.)
7 The ayes have it. The resolution
8 is adopted.
9 The Secretary will read.
10 THE SECRETARY: On page 26 of
11 today's calendar, Senator Spano moves to
12 discharge the Committee on Rules from Assembly
13 Bill Number 11886-A and substitute it for the
14 identical Third Reading 1348.
15 On page 30, Senator Montgomery
16 moves to discharge the Committee on Rules from
17 Assembly Bill Number 312-A and substitute it for
18 the identical Third Reading 1470.
19 On page 31, Senator Seward moves
20 to discharge the Committee on Rules from
21 Assembly Bill Number 9339-B and substitute it
22 for the identical Calendar Number 14... 1477.
23 On page 31, Senator Libous moves
6936
1 to discharge the Committee on Rules from
2 Assembly Bill Number 9463-A and substitute it
3 for the identical Third Reading 1478.
4 On page 31, Senator Johnson moves
5 to discharge the Committee on Local Government
6 from Assembly Bill Number 9845 and substitute it
7 for the identical Third Reading 1479.
8 On page 31, by Senator Bruno
9 moves to discharge the Committee on Rules from
10 Assembly Bill Number 10674-A and substitute it
11 for the identical Third Reading 1484.
12 On page 32, Senator Smith moves
13 to discharge the Committee on Rules from
14 Assembly Bill Number 10406 and substitute it for
15 the identical Third Reading 1486.
16 On page 32, Senator DeFrancisco
17 moves to discharge the Committee on Rules from
18 Assembly Bill Number 10872-A and substitute it
19 for the identical Third Reading 1487.
20 Senator Stafford moves to
21 discharge the Committee on Rules from Assembly
22 Bill Number 11986-A and substitute it for the
23 identical Third Reading 1489.
6937
1 On page 33, Senator Spano moves
2 to discharge the Committee on Rules from
3 Assembly Bill Number 11481-A and substitute it
4 for the identical Third Reading 1493.
5 Senator Skelos moves to discharge
6 the Committee on Rules from Assembly Bill Number
7 9926-D and substitute it for the identical Third
8 Reading 1494.
9 Senator Larkin moves to discharge
10 the Committee on Rules from Assembly Bill Number
11 10917-A and substitute it for the identical
12 Third Reading 1495.
13 On page 34, by Senator Nolan
14 moves to discharge the Committee on Rules from
15 Assembly Bill Number 11804 and substitute it for
16 the identical Third Reading 1499.
17 On page 34, Senator Markowitz
18 moves to discharge the Committee on Cities from
19 Assembly Bill Number 9227 and substitute it for
20 the identical Third Reading 1504.
21 On page 35, Senator Daly moves to
22 discharge the Committee on Rules from Assembly
23 Bill Number 10551 and substitute it for the
6938
1 identical Third Reading 1507.
2 On page 36, Senator Spano moves
3 to discharge the Committee on Rules from
4 Assembly Bill Number 11907 and substitute it for
5 the identical Third Reading 1514.
6 On page 36, Senator Stafford
7 moves to discharge the Committee on Rules from
8 Assembly Bill Number 11879 and substitute it for
9 the identical Third Reading 1515.
10 Senator Stafford moves to
11 discharge the Committee on Rules from Assembly
12 Bill Number 8916-A and substitute it for the
13 identical Calendar Number 1518.
14 On page 36, Senator Lack moves to
15 discharge the Committee on Finance from Assembly
16 Bill Number 11676 and substitute it for the
17 identical Third Reading 1519.
18 On page 37, Senator Present moves
19 to discharge the Committee on Rules from
20 Assembly Bill Number 12074 and substitute it for
21 the identical Third Reading 1521.
22 Senator Levy moves to discharge
23 the Committee on Rules from Assembly Bill Number
6939
1 11734-A and substitute it for the identical
2 Third Reading 1523.
3 On page 38, Senator Babbush moves
4 to discharge the Committee on Rules from
5 Assembly Bill Number 12107 and substitute it for
6 the identical Third Reading 1527.
7 On page 38, Senator Seward moves
8 to discharge the Committee on Rules from
9 Assembly Bill Number 10890 and substitute it for
10 the identical Third Reading 1529.
11 Senator Bruno moves to discharge
12 the Committee on Rules from Assembly Bill Number
13 12207 and substitute it for the identical Third
14 Reading 1530.
15 THE PRESIDENT: Substitutions are
16 ordered.
17 Senator Present.
18 SENATOR PRESENT: Mr. President,
19 let's take up the non-controversial calendar.
20 THE PRESIDENT: There will be
21 order in the chamber. The Chair will inform the
22 Senators that we will not be reading bills that
23 are high. The Secretary will read.
6940
1 Senator LaValle.
2 SENATOR LAVALLE: Can we just -
3 I would like to make a motion to remove a star
4 and place a star, Mr. President.
5 THE PRESIDENT: Certainly.
6 SENATOR LAVALLE: Is that in
7 order at this point? If we can remove the star
8 on Calendar Number 154, Senate Print Number
9 3970-B, and would you place a sponsor's star on
10 Calendar Number 1057, Senate Print Number 4643.
11 Thank you, Mr. President.
12 THE PRESIDENT: So ordered.
13 Senator Levy.
14 SENATOR LEVY: Yes, Mr.
15 President. There will be a meeting of the
16 Transportation Committee at 3:00 o'clock in Room
17 124 to consider the nomination of Abraham
18 Lackman to be a member of the board of the
19 Metropolitan Transportation Authority.
20 SENATOR GOLD: Mr. President.
21 THE PRESIDENT: Senator Gold.
22 SENATOR GOLD: I would just
23 suggest to Senator Levy -- Senator Levy? I
6941
1 would appreciate -- on behalf of my members, I
2 appreciate the notice, but might I also suggest
3 that at about five to 3:00, you make the
4 announcement again because I know yesterday you
5 had made an announcement, but by the time the
6 time came, everybody -
7 SENATOR LEVY: Senator
8 Oppenheimer.
9 SENATOR GOLD: No, I appreciate
10 it. You did nothing wrong. I'm just suggesting
11 another announcement.
12 THE PRESIDENT: Now the Secretary
13 will read the calendar.
14 THE SECRETARY: On page 4 of
15 today's calendar, Calendar Number 66, by member
16 of the Assembly Parment, Assembly Bill Number
17 4806-B, an act to amend the Agriculture and
18 Markets Law.
19 THE PRESIDENT: Last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
6942
1 THE SECRETARY: Ayes 44.
2 THE PRESIDENT: The bill is
3 passes revoked.
4 THE SECRETARY: Calendar Number
5 195, by member of the Assembly Bragman, Assembly
6 Bill Number 6901-B, Environmental Conservation
7 Law.
8 THE PRESIDENT: Last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 44.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 206, by Senator Hannon -
18 SENATOR GOLD: Lay it aside.
19 THE PRESIDENT: The bill is laid
20 aside.
21 THE SECRETARY: Calendar Number
22 213, by Senator Trunzo, Senate Bill Number
23 1374-A, an act to amend the Public Authorities
6943
1 Law.
2 THE PRESIDENT: Last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 44.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 266, by Senator Skelos, Senate Bill Number
12 4183-B, an act to amend the Public Health Law.
13 THE PRESIDENT: Last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 44.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 268, by Senator Seward, Senate Bill Number
23 6741-A, an act to amend the Public Service Law.
6944
1 THE PRESIDENT: Last section.
2 THE SECRETARY: Section 2.
3 SENATOR GOLD: Lay it aside.
4 THE PRESIDENT: The bill is laid
5 aside.
6 THE SECRETARY: Calendar Number
7 310, by Senator Kuhl, Senate -
8 SENATOR GOLD: I'm sorry.
9 Mr. President.
10 THE PRESIDENT: Senator Gold.
11 SENATOR GOLD: Yes, thank you.
12 I want to thank Senator Hannon
13 for his very insightful comments and I would
14 like to return to 206.
15 THE PRESIDENT: 206?
16 SENATOR GOLD: If we -
17 THE PRESIDENT: Oh, yes.
18 SENATOR GOLD: Senator Hannon's
19 bill which I laid aside, and if its all right
20 with the Majority Leader, we can take that bill
21 now and kill it.
22 THE PRESIDENT: First of all, we
23 will lay aside Calendar Number 310 -
6945
1 SENATOR GOLD: Do we want to lay
2 that aside? Yeah, 310.
3 THE PRESIDENT: -- for a
4 substitution and then we will return to Calendar
5 Number 206.
6 SENATOR GOLD: Thank you.
7 THE SECRETARY: Calendar Number
8 206, by Senator Hannon, Senate Bill Number
9 4797-C, an act to amend the Real Property Law
10 and the Private Housing Finance Law.
11 THE PRESIDENT: Last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 45.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 394, by member of the Assembly Lentol, Assembly
21 Bill Number 2078-C, an act to amend the Penal
22 Law.
23 THE PRESIDENT: Last section.
6946
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 45.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 398, by the Assembly Committee on Rules,
10 Assembly Bill Number 11848-B, Environmental
11 Conservation Law.
12 THE PRESIDENT: Last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 45.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 420, by the Assembly Committee on Rules,
22 Assembly Bill Number 11950-A, an act to amend
23 the State Administrative Procedure Act.
6947
1 THE PRESIDENT: Last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 SENATOR GOLD: Lay it aside.
5 THE PRESIDENT: The bill is laid
6 aside.
7 THE SECRETARY: Calendar Number
8 677 -
9 THE PRESIDENT: The bill is laid
10 aside.
11 SENATOR GOLD: 677?
12 THE PRESIDENT: Yes, for a
13 substitution.
14 THE SECRETARY: Calendar Number
15 889, by Senator Seward, Senate Bill Number
16 7508-B, an act to amend the Public Authorities
17 Law.
18 THE PRESIDENT: Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 45.
6948
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 970, by the Assembly Committee on Rules,
5 Assembly Bill Number 11668-C, an act to amend
6 the Tax Law.
7 THE PRESIDENT: Last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 45.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1028, by member of the Assembly Nolan, Assembly
17 Bill Number 22 -
18 SENATOR PRESENT: Lay it aside.
19 THE PRESIDENT: The bill is laid
20 aside.
21 THE SECRETARY: Calendar Number
22 1096, by Senator Bruno, Senate Bill Number
23 6937-A, an act to amend the Racing, Pari-mutuel
6949
1 Wagering and Breeding Law.
2 THE PRESIDENT: Last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 45.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1121, by Senator Wright, Senate Bill Number
12 6941-A, an act to amend the Executive Law and
13 the State Administrative Procedure Act.
14 THE PRESIDENT: Last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 45.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1193, by Senator DeFrancisco, Senate Bill Number
6950
1 4485-B.
2 SENATOR PRESENT: Lay it aside.
3 THE PRESIDENT: The bill is laid
4 aside.
5 THE SECRETARY: Calendar Number
6 1216, by the Assembly Committee on Rules,
7 Assembly Bill Number 12000, an act to amend the
8 Vehicle and Traffic Law.
9 THE PRESIDENT: There is a home
10 rule message at the desk. Last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 45.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1236, by Senator Larkin -
20 THE PRESIDENT: The bill will be
21 laid aside. There is no home rule message at
22 the desk.
23 THE SECRETARY: Calendar Number
6951
1 1256, by Senator Nozzolio, Senate Bill Number
2 8613-A, authorizing the county of Cayuga to
3 convey certain easements.
4 THE PRESIDENT: Last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 45.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1257, by Senator Santiago -
14 THE PRESIDENT: The bill is laid
15 aside for a substitution.
16 THE SECRETARY: Calendar Number
17 1287, by Senator Rath, Senate Bill Number 8605,
18 an act to amend the State Administrative
19 Procedure Act.
20 THE PRESIDENT: Last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 SENATOR PRESENT: Lay it aside.
6952
1 THE PRESIDENT: The bill is laid
2 aside.
3 THE SECRETARY: Calendar Number
4 1316, by Senator Tully, Senate Bill Number 8392,
5 an act to amend the Public Health Law.
6 THE PRESIDENT: Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 SENATOR PRESENT: Lay it aside.
10 THE PRESIDENT: The bill is laid
11 aside. The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1236, by Senator Larkin, Senate Bill Number
14 8022-B, authorize Michael J. Carroll to transfer
15 to the optional 20-year retirement plan.
16 THE PRESIDENT: There is a home
17 rule message at the desk. Last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 42, nays 3,
23 Senators Dollinger, Gold and Leichter recorded
6953
1 in the negative.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1318, by Senator Holland -
6 SENATOR HOLLAND: Lay it aside
7 for the day.
8 THE PRESIDENT: The bill is laid
9 aside.
10 THE SECRETARY: Calendar Number
11 1338, by Senator Kuhl, Senate Bill Number
12 7406-B.
13 THE PRESIDENT: The bill is laid
14 aside for a substitution. There is a home rule
15 message at the desk.
16 THE SECRETARY: Calendar Number
17 1338, Senator Kuhl moves to discharge the
18 Committee on Rules from Assembly Bill Number
19 10486-B and substitute it for the identical
20 Third Reading 1338.
21 THE PRESIDENT: Substitution is
22 ordered.
23 Last section.
6954
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 45.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 13... 1346, by Senator Bruno, Senate Bill Number
10 8573-B, authorize the town of Clifton Park,
11 Saratoga County to lease certain parklands.
12 THE PRESIDENT: Last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 48.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1348, substituted earlier today -- Calendar
22 Number 1348, substituted earlier today, by the
23 Assembly Committee on Rules, Assembly Bill
6955
1 Number 11886-A, authorize the city of Yonkers to
2 discontinue as parklands certain lands.
3 THE PRESIDENT: There is a home
4 rule message at the desk, and the substitution
5 is ordered.
6 Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 48.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1368, by the Assembly Committee on Rules,
16 Assembly Bill Number 11822-A, an act to amend
17 the General Municipal Law.
18 THE PRESIDENT: Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 48.
6956
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1370, by Senator Ohrenstein, Senate Bill Number
5 8029, authorizing the city of New York to
6 reconvey its interest in certain real property.
7 THE PRESIDENT: There is a home
8 rule message at the desk.
9 Last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 48.
15 THE PRESIDENT: The bill is
16 passed, and there will be order in the chamber.
17 THE SECRETARY: Calendar Number
18 1403, by Senator Velella, Senate Bill Number
19 8538, Administrative Code of the city of New
20 York.
21 THE PRESIDENT: Home rule message
22 is at the desk. Last section.
23 THE SECRETARY: Section 2. This
6957
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 48.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1410, by Senator Stafford -
9 SENATOR PRESENT: Lay it aside.
10 THE PRESIDENT: The bill is laid
11 aside.
12 THE SECRETARY: Calendar Number
13 1420, by Senator Bruno, Senate Bill Number
14 7494-B, an act to amend the Economic -
15 SENATOR GOLD: Lay it aside for
16 Senator Galiber.
17 THE PRESIDENT: The bill is laid
18 aside.
19 THE SECRETARY: Calendar Number
20 1425, by Senator Lack -
21 THE PRESIDENT: The bill is laid
22 aside for a substitution.
23 THE SECRETARY: Calendar Number
6958
1 1427, by Senator Pataki, Senate Bill Number
2 7807.
3 SENATOR GOLD: Lay it aside.
4 THE PRESIDENT: The bill is laid
5 aside.
6 THE SECRETARY: Calendar Number
7 1428, by Senator Pataki, Senate Bill Number
8 7808, an act to amend the Criminal Procedure
9 Law.
10 SENATOR GOLD: Lay it aside.
11 THE PRESIDENT: The bill is laid
12 aside.
13 THE SECRETARY: Calendar Number
14 1446, by Senator Hannon, Senate Bill Number
15 5176-A, an act to amend the General Obligations
16 Law.
17 THE PRESIDENT: Last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 48.
23 THE PRESIDENT: The bill is
6959
1 passed.
2 THE SECRETARY: Calendar Number
3 1465, by Senator Maltese, Senate Bill Number
4 8677, an act to amend the Vehicle and Traffic
5 Law.
6 THE PRESIDENT: Last section.
7 SENATOR GOLD: Lay it aside.
8 THE PRESIDENT: The bill is laid
9 aside.
10 THE SECRETARY: Calendar Number
11 1470, substituted earlier today by member of the
12 Assembly Vann, Assembly Bill Number 312-A, city
13 of New York to reconvey its interest in certain
14 real property.
15 THE PRESIDENT: There is a home
16 rule message at the desk.
17 Last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 49.
23 THE PRESIDENT: The bill is
6960
1 passed.
2 THE SECRETARY: Calendar Number
3 1471, by Senator Levy, Senate Bill Number
4 1196-A, establish a temporary state commission
5 on real property taxation.
6 SENATOR GOLD: Lay it aside.
7 THE PRESIDENT: The bill is laid
8 aside.
9 THE SECRETARY: Calendar Number
10 1473, by Senator Levy, Senate Bill Number 1304,
11 to restore funds to school districts.
12 THE PRESIDENT: Last section.
13 SENATOR GOLD: Lay it aside.
14 THE PRESIDENT: The bill is laid
15 aside.
16 THE SECRETARY: Calendar Number
17 1474, by Senator Larkin, Senate Bill Number
18 2763-A, Administrative Code of the city of New
19 York.
20 THE PRESIDENT: There is a home
21 rule message at the desk. Last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
6961
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 49.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1475, by Senator Waldon, Senate Bill Number
8 3330, an act to amend the Social Services Law.
9 THE PRESIDENT: Last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 SENATOR LEICHTER: Mr. President,
15 would you call my name, please?
16 THE PRESIDENT: Senator Leichter.
17 SENATOR LEICHTER: Yeah, Mr.
18 President, just to explain my vote.
19 I voted against a number of bills
20 proposed by the Majority because they imposed
21 requirements and mandates on state agencies
22 without providing the monies which would permit
23 the state agencies to perform that duty or
6962
1 function. Similarly, this bill, maybe it's
2 required, maybe it isn't, maybe it's wise to
3 have a more thorough analysis of why people are
4 homeless, but without question, this is going to
5 require a very substantial sum of money to make
6 this study and to put forth a bill and not
7 provide any money to the department with a
8 charge for making this study really is just not
9 going to achieve the purpose that the sponsor
10 had in mind, so I want to be recorded in the
11 negative, Mr. President.
12 THE PRESIDENT: Senator Leichter
13 votes no.
14 THE SECRETARY: Ayes 49, nays 3,
15 Senator DeFrancisco, Leichter and Solomon
16 recorded in the negative.
17 THE PRESIDENT: The bill is
18 passed.
19 There will be order in the
20 chamber.
21 Senator Present.
22 SENATOR PRESENT: Mr. President,
23 I would like to announce an immediate meeting of
6963
1 the Rules Committee in Room 332.
2 THE PRESIDENT: There will be an
3 immediate meeting of the Rules Committee in Room
4 332. The Secretary will read, and there will be
5 order.
6 THE SECRETARY: Calendar Number
7 1476, by Senator Maltese, Senate Bill Number
8 5145-A, an act to amend the Executive Law.
9 THE PRESIDENT: Last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 52.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1477, substituted earlier today by member of the
19 Assembly McGee, Assembly Bill Number 9339-B,
20 city of Oneonta to discontinue the use and sell
21 certain parklands.
22 THE PRESIDENT: There is a home
23 rule message at the desk. Last section.
6964
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 52.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1478, substituted earlier today by member of the
10 Assembly Dugan, Assembly Bill Number 9463-A,
11 city of New York to reconvey its interest in
12 certain real property.
13 THE PRESIDENT: There is a home
14 rule message at the desk. Last section.
15 THE SECRETARY: Section 12. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 52.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1479, substituted earlier today, by member of
6965
1 the Assembly R. Sweeney, an act to amend the
2 Local Finance Law.
3 THE PRESIDENT: Last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 52.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1480, by Senator Present, Senate Bill Number
13 7117, an act to amend the County Law.
14 THE PRESIDENT: Last section.
15 SENATOR LEICHTER: Lay it aside,
16 please.
17 THE PRESIDENT: The bill is laid
18 aside.
19 THE SECRETARY: Calendar Number
20 1481, by Senator Skelos, Senate Bill Number
21 7159-A, providing for retirement credits for
22 Lawrence Bergman.
23 THE PRESIDENT: There is a home
6966
1 rule message at the desk. Last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 SENATOR GOLD: Mr. President.
6 THE PRESIDENT: Senator Gold.
7 SENATOR GOLD: If I can explain
8 my vote.
9 THE PRESIDENT: Senator Gold is
10 recognized.
11 SENATOR GOLD: Yeah, its obvious
12 that some of us do not like this concept of
13 dealing with private bills, and as a result we
14 passed Senator Trunzo's law last year, and to
15 tell you the truth, Senator Skelos, my
16 understanding is that this person is eligible to
17 apply under existing law and doesn't need a law,
18 so it's obvious you're going to pass it and a
19 number of us are going to vote in the negative,
20 but you just might want to inform the individual
21 that he might not have to wait for a veto by the
22 Governor or the Assembly. He may be eligible
23 right now for this relief.
6967
1 I vote in the negative.
2 THE PRESIDENT: Senator Gold
3 votes no.
4 (The Secretary called the roll.)
5 THE PRESIDENT: Those in the
6 negative, please so indicate.
7 THE SECRETARY: Ayes 49, nays 3,
8 Senators Galiber, Gold and Leichter recorded in
9 the negative.
10 THE PRESIDENT: The bill is
11 passed.
12 SENATOR LEVY: Mr. President.
13 THE PRESIDENT: Senator Levy.
14 SENATOR LEVY: Yes, the
15 Transportation Committee will meet in Room 124
16 at 3:00 o'clock. We will also be considering
17 the nominations of Leonard Braun and Carmen
18 Arcuri to be members of the State Transportation
19 Safety Board.
20 THE PRESIDENT: Transportation
21 Committee meeting at 3:00 o'clock, Room 124.
22 THE SECRETARY: Calendar Number
23 1482, by Senator Bruno, Senate Bill Number 7162,
6968
1 an act to amend the Public Authorities Law.
2 THE PRESIDENT: Last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 52.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1484, substituted earlier today, by member of
12 the Assembly Schimminger, Assembly Bill Number
13 10674-A, an act to amend the Economic
14 Development Law.
15 THE PRESIDENT: Last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 52.
21 THE PRESIDENT: The bill is
22 passed.
23 SENATOR LEICHTER: Mr. President.
6969
1 THE PRESIDENT: Senator Leichter.
2 SENATOR LEICHTER: May I have
3 unanimous consent to be recorded in the negative
4 on Calendar 1482, please?
5 THE PRESIDENT: Without
6 objection, so ordered.
7 THE SECRETARY: Calendar Number
8 1485 -
9 SENATOR GOLD: Lay it aside.
10 THE SECRETARY: -- by Senator
11 Marino.
12 THE PRESIDENT: The bill is laid
13 aside.
14 THE SECRETARY: Calendar Number
15 1486, substituted earlier today, by member of
16 the Assembly Griffith, Assembly Bill Number
17 10406, city of New York to reconvey its interest
18 in certain real property.
19 THE PRESIDENT: There is a home
20 rule message at the desk. Last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
6970
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 52.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1487, substituted earlier today, by member of
7 the Assembly Nicoletti, Assembly Bill Number
8 10872-A, authorize the Department of Social
9 Services to contract for chronic care
10 management.
11 THE PRESIDENT: Last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 52.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1488, by Senator Present, Senate Bill Number
21 7700-A, an act to amend the General Municipal
22 Law.
23 THE PRESIDENT: There is a home
6971
1 rule message at the desk. Last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 52.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1489, substituted earlier today, by the Assembly
11 Committee on Rules, Assembly Bill Number
12 11986-A, an act to amend the State Finance Law.
13 THE PRESIDENT: Last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 52.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1490, by Senator Tully, Senate Bill Number
23 7802-A, an act to amend the Public Health Law.
6972
1 THE PRESIDENT: Last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 SENATOR GOLD: Lay it aside.
5 THE PRESIDENT: The bill is laid
6 aside.
7 THE SECRETARY: Calendar Number
8 1491, by Senator Spano, Senate Bill Number 7863,
9 an act to amend the Labor Law.
10 THE PRESIDENT: Last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 50, nays 2,
16 Senators DeFrancisco and Leichter recorded in
17 the negative.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1493, substituted earlier today, by the Assembly
22 Committee on Rules, Assembly Bill Number
23 11481-A, an act to amend the Civil Service Law.
6973
1 THE PRESIDENT: Last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 SENATOR GOLD: Lay it aside.
6 THE PRESIDENT: The bill is laid
7 aside.
8 THE SECRETARY: Calendar Number
9 1494, substituted earlier today, by member of
10 the Assembly Christensen, Assembly Bill Number
11 9926-D, an act to amend the Insurance Law.
12 SENATOR GOLD: Last section.
13 THE SECRETARY: Section 2. This
14 act shall take -
15 SENATOR GOLD: Lay it aside.
16 THE PRESIDENT: The bill is laid
17 aside.
18 THE SECRETARY: Calendar Number
19 1495, substituted earlier today, by member of
20 the Assembly Abbate, Assembly Bill Number
21 10917-A, Real Property Tax Law.
22 THE PRESIDENT: Last section.
23 THE SECRETARY: Section 2. This
6974
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 52.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1496, by Senator Skelos, Senate Bill Number
9 8151-A, an act to amend the Public Authorities
10 Law.
11 SENATOR GOLD: Which one is this?
12 THE PRESIDENT: 1496, 8151-A,
13 correct.
14 SENATOR GOLD: Thank you.
15 THE PRESIDENT: Last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 Senator Gold.
20 SENATOR GOLD: Mr. President, I
21 just want to explain my vote. This is a very,
22 very important library, significant library, and
23 I'm glad we're doing what we can to revive it.
6975
1 This was a library that Tom Citrino grew up
2 in.
3 I vote yes.
4 THE PRESIDENT: Senator Gold
5 votes yes.
6 SENATOR GOLD: Get him a copy of
7 the transcript.
8 THE SECRETARY: Ayes 53.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1497, by Senator Larkin, Senate Bill Number
13 8161-A, an act to amend the Local Finance Law
14 and the General Municipal Law.
15 THE PRESIDENT: Last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 53.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
6976
1 1499, substituted earlier today by the Assembly
2 Committee on Rules, Assembly Bill Number 11804,
3 an act to amend the Tax Law.
4 THE PRESIDENT: Last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 53.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1500, by Senator Skelos, Senate Bill Number
14 8233-A, authorize the town of Hempstead, Nassau
15 County to lease -
16 SENATOR GOLD: Lay it aside,
17 please.
18 THE PRESIDENT: There is a home
19 rule message at the desk. The bill will be laid
20 aside.
21 THE SECRETARY: Calendar Number
22 1501, by Senator Tully, Senate Bill Number 8237,
23 an act to amend the Executive Law.
6977
1 THE PRESIDENT: Last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 53.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1503, by Senator Volker, Senate Bill Number
11 8329-A, an act to amend the Criminal Procedure
12 Law.
13 THE PRESIDENT: Last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 53.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1504, substituted earlier today, by member of
23 the Assembly Norman, Assembly Bill Number 9227,
6978
1 city of New York to reconvey its interest in
2 certain real property.
3 THE PRESIDENT: There is a home
4 rule message at the desk. Last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 53.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1505, by Senator Wright, Senate Bill Number
14 8374-A, an act in relation to the -
15 SENATOR GOLD: Lay it aside,
16 please.
17 THE PRESIDENT: The bill is laid
18 aside.
19 THE SECRETARY: Calendar Number
20 1506, by Senator Tully, Senate Bill Number 8395,
21 an act to amend the Pub...
22 SENATOR GOLD: Lay it aside.
23 THE PRESIDENT: The bill is laid
6979
1 aside.
2 THE SECRETARY: Calendar Number
3 1507, substituted earlier today, by member of
4 the Assembly Pillittere, Assembly Bill Number
5 10551, an act to amend the Executive Law.
6 THE PRESIDENT: Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 53.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1508, by Senator Velella, Senate Bill Number
16 8420-A, an act to amend the Retirement and
17 Social Security Law.
18 THE PRESIDENT: Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 53.
6980
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1509, by Senator Larkin, Senate Bill Number
5 8560-A, an act to amend the Real Property Tax
6 Law.
7 THE PRESIDENT: Last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 53.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1511, by Senator DiCarlo, Senate Bill Number
17 8618, an act to amend the Education Law.
18 THE PRESIDENT: Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 53.
6981
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1512, by Senator Wright, Senate Bill Number
5 8631, an act to amend the Labor Law.
6 THE PRESIDENT: Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 53.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1513, by Senator Seward, Senate Bill Number
16 8632-A, an act to amend the Public Service Law.
17 THE PRESIDENT: Last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 SENATOR GOLD: Lay it aside.
22 THE PRESIDENT: The bill is laid
23 aside.
6982
1 THE SECRETARY: Calendar Number
2 1514, substituted earlier today, by the Assembly
3 Committee on Rules, Assembly Bill Number 11907,
4 an act to amend the Criminal Procedure Law.
5 THE PRESIDENT: Last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 53, nays 1,
11 Senator Gold recorded in the negative.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1515, substituted earlier today, by the Assembly
16 Committee on Rules, Assembly Bill Number 11879,
17 an act to amend the State Finance Law.
18 THE PRESIDENT: Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 54.
6983
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1516, by Senator Cook, Senate Bill Number 8683,
5 an act to amend the Judiciary Law, in relation
6 to the number of county court judges in Sullivan
7 County.
8 THE PRESIDENT: Last section.
9 SENATOR LEICHTER: Lay it aside,
10 please.
11 THE PRESIDENT: The bill is laid
12 aside.
13 THE SECRETARY: Calendar Number
14 1517, by Senator Bruno, Senate Bill Number 8686,
15 an act to amend the Civil Service Law and the
16 Executive Law.
17 SENATOR GOLD: Lay it aside.
18 THE PRESIDENT: The bill is laid
19 aside.
20 THE SECRETARY: Calendar Number
21 1518, substituted earlier today, by member of
22 the Assembly Robach, Assembly Bill Number
23 8916-A, amends Chapter 656 of the Laws of 1993.
6984
1 THE PRESIDENT: Last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 54.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1519, substituted earlier today, by the Assembly
11 Committee on Rules, Assembly Bill Number 11676,
12 amends Chapter 502 of the Laws of 1992.
13 THE PRESIDENT: Last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 54.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1520, by the Senate Committee on Rules, Senate
23 Bill Number 8710, an act to grant Patricia
6985
1 Shuster retroactive membership in the New York
2 State Teachers' Retirement System.
3 THE PRESIDENT: Last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 52, nays 2,
9 Senators Dollinger and Gold recorded in the
10 negative.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1521, substituted earlier today, by the Assembly
15 Committee on Rules, Assembly Bill Number 12074,
16 an act to amend the Town Law and the Public
17 Officers Law.
18 THE PRESIDENT: Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 54.
6986
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1522, by Senator Maltese, Senate Bill Number
5 8715, an act to amend the Tax Law.
6 THE PRESIDENT: Last section.
7 There is a local fiscal impact note at the
8 desk. Last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 54.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1523, substituted earlier today, by the Assembly
18 Committee on Rules, Assembly Bill Number
19 11734-A, an act to amend the Public Buildings
20 Law.
21 THE PRESIDENT: Last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
6987
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 54.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1524, by the Senate Committee on Rules, Senate
8 Bill Number 8727, authorizing the town of Greece
9 to discontinue the use of a portion of a road.
10 THE PRESIDENT: Lay the bill
11 aside. There is a home rule message.
12 THE SECRETARY: Calendar Number
13 1525, by the Committee on Rules, Senate Bill
14 Number 8735, Administrative Code of the city of
15 New York.
16 THE PRESIDENT: Home rule message
17 is at the desk.
18 Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 54.
6988
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1528, by Senator Nozzolio, Senate Bill Number
5 8743, an act to amend Chapter 615 of the Laws of
6 1992.
7 THE PRESIDENT: Last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 54.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1529, substituted earlier today, by member of
17 the Assembly McGee, Assembly Bill Number 10890,
18 an act to amend the State Finance Law.
19 THE PRESIDENT: Last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
6989
1 THE SECRETARY: Ayes 54.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1531, by Senator Cook, Senate Bill Number 8773,
6 directing the Commissioner of Health to identify
7 certain unresolved early intervention program
8 implementation issues.
9 SENATOR PRESENT: Lay it aside.
10 THE PRESIDENT: The bill is laid
11 aside.
12 THE SECRETARY: Calendar Number
13 1532, by Senator Volker, Senate Bill Number
14 8777, in relation to providing a retirement
15 incentive for the city of Buffalo.
16 THE PRESIDENT: There is a home
17 rule message at the desk.
18 Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 54.
6990
1 THE PRESIDENT: The bill is
2 passed.
3 Senator Kuhl.
4 SENATOR KUHL: Yes, Mr.
5 President. May we return to motions and
6 resolutions, and would you recognize Senator
7 Lack?
8 THE PRESIDENT: Senator Lack.
9 SENATOR LACK: Thank you, Senator
10 Kuhl. Thank you, Mr. President.
11 With respect to Calendar Number
12 1498, I respectfully move that Print 8187-D be
13 replaced with Print Number 8187-C; in other
14 words, the C print be restored.
15 ACTING PRESIDENT SPANO: So
16 ordered.
17 SENATOR LACK: Thank you.
18 ACTING PRESIDENT SPANO: Senator
19 Lack, that bill is on the active list. Should
20 we read the last section?
21 SENATOR LACK: No, in regular
22 order. I'm waiting for some information, if you
23 wouldn't mind.
6991
1 Thank you very much.
2 ACTING PRESIDENT SPANO: Senator
3 Kuhl.
4 SENATOR KUHL: Mr. President,
5 while we are on motions and resolutions, I
6 understand we have some substitutions at the
7 desk. Why don't we take those now.
8 ACTING PRESIDENT SPANO: The
9 Secretary will read the substitutions.
10 THE SECRETARY: On page 23 of
11 today's calendar, Senator Cook moves to
12 discharge the Committee on Rules from Assembly
13 Bill Number 10114-B and substitute it for the
14 identical Third Reading 1092.
15 On page 17, Senator Spano moves
16 to discharge the Committee on Rules from
17 Assembly Bill Number 867-A and substitute it for
18 the identical Third Reading 876.
19 On page 16, Senator Holland moves
20 to discharge the Committee on Rules from
21 Assembly Bill Number 8130-A and substitute it
22 for the identical Third Reading 802.
23 On page 6, Senator Kuhl moves to
6992
1 discharge the Committee on Rules from Assembly
2 Bill Number 528-A and substitute it for the
3 identical Third Reading 310.
4 On page 9, Senator Lack moves to
5 discharge the Committee on Rules from Assembly
6 Bill Number 11683-B and substitute it for the
7 identical Third Reading 495.
8 On page 13, Senator Stafford
9 moves to discharge the Committee on Rules from
10 Assembly Bill Number 11741-A and substitute it
11 for the identical Third Reading 673.
12 On page 15, Senator Saland moves
13 to discharge the Committee on Children and
14 Families from Assembly Bill Number 10911-A and
15 substitute it for the identical Third Reading
16 779.
17 Page 19, Senator Cook moves to
18 discharge the Committee on Rules from Assembly
19 Bill Number 7130-C and substitute it for the
20 identical Third Reading 925.
21 On page 33, Senator Bruno moves
22 to discharge the Committee on Rules from
23 Assembly Bill Number 10868-A and substitute it
6993
1 for the identical Third Reading 1492.
2 On page 26, Senator Tully moves
3 to discharge the Committee on Rules from
4 Assembly Bill Number 9954 and substitute it for
5 the identical Third Reading 1315.
6 On page 29, Senator Lack moves to
7 discharge the Committee on Rules from Assembly
8 Bill Number 11345-A and substitute it for the
9 identical Third Reading 1425.
10 On page 31, Senator Velella moves
11 to discharge the Committee on Rules from
12 Assembly Bill Number 10245-A and substitute it
13 for the identical Third Reading 1483.
14 On page 13, Senator Bruno moves
15 to discharge the Committee on Rules from
16 Assembly Bill Number 9484-A and substitute it
17 for the identical Third Reading 677.
18 On page 24, Senator Tully moves
19 to discharge the Committee on Rules from
20 Assembly Bill Number 11621-B and substitute it
21 for the identical Third Reading 1189.
22 On page 25, Senator Santiago
23 moves to discharge the Committee on Rules from
6994
1 Assembly Bill Number 311-B and substitute it for
2 the identical Third Reading 1257.
3 ACTING PRESIDENT SPANO:
4 Substitutions are ordered.
5 Senator Kuhl.
6 SENATOR KUHL: Can we now take up
7 the controversial calendar in regular order?
8 ACTING PRESIDENT SPANO: The
9 Secretary will read the controversial calendar.
10 THE SECRETARY: Calendar Number
11 268, on page 5, by Senator Seward, Senate Bill
12 Number 6741-A, Public Service Law.
13 SENATOR GOLD: Mr. President.
14 ACTING PRESIDENT SPANO: Senator
15 Gold.
16 SENATOR GOLD: Will the
17 distinguished gentleman who represents the city
18 of Ithaca yield to a question?
19 ACTING PRESIDENT SPANO: Senator
20 Seward, will you yield to a question?
21 SENATOR SEWARD: Certainly.
22 ACTING PRESIDENT SPANO: Senator
23 Seward yields.
6995
1 SENATOR GOLD: Senator, I'm told
2 by counsel that some problems that may have
3 existed don't anymore, and that at this point
4 the A print requires utilities to make refunds
5 to tenants, is that correct?
6 SENATOR SEWARD: It would.
7 SENATOR GOLD: A "yes" vote will
8 make it very easy for me.
9 SENATOR SEWARD: Okay. It would
10 require the -- yes, the utility -
11 SENATOR GOLD: Last section.
12 SENATOR SEWARD: Okay. The
13 refund will go to the landlord.
14 SENATOR GOLD: Slow roll call.
15 Never mind. Last section.
16 SENATOR SEWARD: Last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT SPANO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 55.
23 ACTING PRESIDENT SPANO: The bill
6996
1 is passed.
2 THE SECRETARY: Calendar Number
3 310, substituted earlier today, by member of the
4 Assembly Bragman, Assembly Bill Number 528-A, an
5 act to amend the General Business Law.
6 SENATOR GOLD: Would the Senator
7 yield?
8 ACTING PRESIDENT SPANO: Senator
9 Kuhl, would you yield to a question? The
10 Senator yields.
11 SENATOR GOLD: Senator, the
12 original plan there was some concern about
13 whether the noise level requirements were
14 current rather than at the time of
15 construction. We're told under the "A" print
16 they would have to conform with existing levels,
17 is that correct?
18 SENATOR KUHL: I believe that's
19 correct.
20 SENATOR GOLD: Last section.
21 ACTING PRESIDENT SPANO: Read the
22 last section.
23 I'm sorry. Senator Jones.
6997
1 SENATOR JONES: Yes. Would the
2 sponsor yield to a question, please?
3 ACTING PRESIDENT SPANO: Senator
4 Kuhl yields.
5 SENATOR KUHL: Certainly.
6 SENATOR JONES: Senator Kuhl,
7 could you just tell me, would this have any
8 effect on the shooting range that's run by, for
9 instance, the police or something of that type?
10 SENATOR KUHL: Certainly. There
11 is no exclusion of any particular type of
12 shooting range. It covers all of them.
13 SENATOR JONES: So it covers
14 all?
15 SENATOR KUHL: Yes.
16 SENATOR JONES: Thank you.
17 SENATOR GOLD: Last section.
18 ACTING PRESIDENT SPANO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT SPANO: Call the
23 roll.
6998
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 50, nays 5.
3 Those recorded in the negative are Senators
4 DiCarlo, Dollinger, Jones, Smith and Solomon.
5 ACTING PRESIDENT SPANO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 420 -
9 SENATOR GOLD: Lay it aside for
10 Senator Larkin.
11 SENATOR LEICHTER: For Senator
12 Leichter, please. Lay it aside.
13 SENATOR KUHL: Lay it aside
14 temporarily.
15 ACTING PRESIDENT SPANO: Lay it
16 aside temporarily.
17 THE SECRETARY: Calendar Number
18 495, substituted earlier today, by the Assembly
19 Committee on Rules, Assembly Bill Number
20 11683-B, Estates, Powers and Trusts Law.
21 ACTING PRESIDENT SPANO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
6999
1 act shall take effect immediately.
2 ACTING PRESIDENT SPANO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 55.
6 ACTING PRESIDENT SPANO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 673, substituted earlier today by the Assembly
10 Committee on Rules, Assembly Bill Number
11 11741-A, an act to amend the General
12 Construction Law.
13 ACTING PRESIDENT SPANO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT SPANO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 55.
21 ACTING PRESIDENT SPANO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
7000
1 677, substituted earlier today, by member of the
2 Assembly Proskin, Assembly Bill Number 9484-A,
3 authorizing the village of Round Lake, county of
4 Saratoga, to reduce the speed limit.
5 ACTING PRESIDENT SPANO: Home
6 rule message is at the desk. Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT SPANO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 55.
14 ACTING PRESIDENT SPANO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 779, substituted earlier today, by member of the
18 Assembly R. L. Green, Assembly Bill Number
19 10911-A, Domestic Relations Law and the Social
20 Services Law.
21 ACTING PRESIDENT SPANO: Last
22 section.
23 THE SECRETARY: Section 2. This
7001
1 act shall take effect immediately.
2 ACTING PRESIDENT SPANO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 55.
6 ACTING PRESIDENT SPANO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 925, substituted earlier today, by member of the
10 Assembly Bennett, Assembly Bill Number 7130-C,
11 Temporary State Coordinating Council on
12 Geographic Information Systems.
13 ACTING PRESIDENT SPANO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT SPANO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 55.
21 ACTING PRESIDENT SPANO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
7002
1 1028, by member of the Assembly Nolan, Assembly
2 Bill Number 2235-B, an act to amend the Public
3 Authorities Law.
4 ACTING PRESIDENT SPANO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 SENATOR KUHL: Lay it aside.
9 ACTING PRESIDENT SPANO: Lay it
10 aside. Senator Leichter.
11 SENATOR LEICHTER: May I have
12 unanimous consent to be recorded in the negative
13 on Calendar 310, please?
14 ACTING PRESIDENT SPANO: Without
15 objection, you will be recorded in the negative
16 on Calendar 310.
17 Senator Galiber.
18 SENATOR GALIBER: Yes, Mr.
19 President. May I have unanimous consent to be
20 recorded in the negative on 1236, 1514, 1520 and
21 310?
22 ACTING PRESIDENT SPANO: Without
23 objection.
7003
1 SENATOR GALIBER: Thank you.
2 SENATOR LEICHTER: Mr. President.
3 ACTING PRESIDENT SPANO: Senator
4 Leichter.
5 SENATOR LEICHTER: Yes. May I
6 also have unanimous consent to be recorded in
7 the negative on Calendar 1540, 15... 1540 -- I'm
8 sorry, calendar -- it's Calendar 1520.
9 ACTING PRESIDENT SPANO: 1520,
10 without objection.
11 THE SECRETARY: Calendar Number
12 1189, substituted earlier today, by the Assembly
13 Committee on Rules, Assembly Bill Number
14 11621-B, authorize the town of Westbury, county
15 of Nassau, to discontinue the use and sell
16 certain parklands.
17 ACTING PRESIDENT SPANO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT SPANO: Excuse
22 me. There's a home rule message at the desk on
23 1189. Read the last section.
7004
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT SPANO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 55.
7 ACTING PRESIDENT SPANO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1193, by Senator DeFrancisco, Senate Bill Number
11 4485-B, authorizing the city of Syracuse to
12 replace residential water service lines.
13 ACTING PRESIDENT SPANO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT SPANO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 55.
21 ACTING PRESIDENT SPANO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
7005
1 1257, substituted earlier today, by member of
2 the Assembly Vann, Assembly Bill Number 311-B,
3 city of New York to reconvey a certain parcel of
4 real property.
5 ACTING PRESIDENT SPANO: Read the
6 last section. Home rule message is at the
7 desk. Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT SPANO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 55.
14 ACTING PRESIDENT SPANO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1287, by Senator Rath, Senate Bill Number -
18 SENATOR RATH: Lay it aside.
19 ACTING PRESIDENT SPANO: Lay it
20 aside.
21 THE SECRETARY: Calendar Number
22 1315, substituted earlier today, by member of
23 the Assembly Englebright, Assembly Bill Number
7006
1 9954-B, study of Long Island Sound historic
2 centers.
3 ACTING PRESIDENT SPANO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT SPANO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 55.
11 ACTING PRESIDENT SPANO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1316, by Senator Tully -
15 SENATOR PRESENT: Lay it aside
16 temporarily.
17 ACTING PRESIDENT SPANO: Lay it
18 aside temporarily.
19 THE SECRETARY: Calendar Number
20 1410, by Senator Stafford, Senate Bill Number
21 8652, Retirement and Social Security Law.
22 SENATOR PRESENT: Lay it aside.
23 ACTING PRESIDENT SPANO: Lay it
7007
1 aside.
2 THE SECRETARY: Calendar Number
3 1420, by Senator Bruno, Senate Bill Number
4 7494-B, Economic Development Law.
5 SENATOR LEICHTER: Lay it aside.
6 SENATOR PRESENT: Lay it aside
7 temporarily.
8 ACTING PRESIDENT SPANO: Lay it
9 aside temporarily.
10 THE SECRETARY: Calendar Number
11 1425, substituted earlier today, by the Assembly
12 Committee on Rules, Assembly Bill Number
13 11345-A, Civil Practice Law and Rules.
14 ACTING PRESIDENT SPANO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT SPANO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 55.
22 ACTING PRESIDENT SPANO: The bill
23 is passed.
7008
1 THE SECRETARY: Calendar Number
2 1427, by Senator Pataki -
3 SENATOR LEICHTER: Lay it aside.
4 ACTING PRESIDENT SPANO: Senator
5 Present.
6 SENATOR PRESENT: Can we go back
7 to 1379?
8 ACTING PRESIDENT SPANO: The
9 Secretary will read 1379.
10 THE SECRETARY: Calendar Number
11 1379, by Senator Nozzolio -
12 SENATOR PRESENT: I'm sorry. Lay
13 it aside.
14 ACTING PRESIDENT SPANO: Lay it
15 aside.
16 THE SECRETARY: Calendar Number
17 1427, by Senator Pataki, Senate Bill Number
18 7807.
19 SENATOR LEICHTER: Lay it aside.
20 SENATOR PRESENT: Lay it aside
21 temporarily.
22 ACTING PRESIDENT SPANO: Lay it
23 aside temporarily.
7009
1 THE SECRETARY: Calendar Number
2 1428, by Senator Pataki, Senate Bill Number
3 7808, an act to amend the Criminal Procedure
4 Law.
5 SENATOR LEICHTER: Lay it aside.
6 SENATOR PRESENT: Lay it aside
7 temporarily.
8 ACTING PRESIDENT SPANO: Lay it
9 aside temporarily.
10 THE SECRETARY: Calendar Number
11 1465, by Senator Maltese, Senate Bill Number
12 8677, an act to amend the Vehicle and Traffic
13 Law.
14 ACTING PRESIDENT SPANO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT SPANO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 54, nays 1,
22 Senator Spano recorded in the negative.
23 ACTING PRESIDENT SPANO: The bill
7010
1 is passed.
2 THE SECRETARY: Calendar Number
3 1471, by Senator Levy, Senate Bill Number
4 1196-A, establish a temporary state commission
5 on real property taxation.
6 ACTING PRESIDENT SPANO: Senator
7 Leichter.
8 SENATOR LEICHTER: Just very
9 briefly on the bill. I don't think we need to
10 debate it. We debated it last year. This is a
11 bill that establishes a state commission,
12 temporary state commission to look at the
13 problem of real property taxation, and I think
14 it provides an appropriation of $500,000.
15 My point is that I think we know
16 what the alternatives are to taxes. You either
17 have a real property tax, you have the income
18 tax, you have the sales tax, you have the estate
19 tax, you have the corporate tax. I don't think
20 you need a commission. You know, a commission
21 isn't going to come up with some brilliant new
22 idea, some tax that's going to be totally
23 painless, and so on.
7011
1 I remember last year, my good
2 friend, Senator Larkin, said we need the
3 brightest people to address this issue. I
4 believe the brightest people are right here. We
5 know what the choices are, and they're
6 unpleasant because we've got to make those
7 choices, and that's some of the difficulty that
8 I had with Senator Cook's bill and Senator
9 LaValle's bill on school financing. Let's get
10 away from the real property tax without really
11 biting the bullet and making the tough decisions
12 of how you're going to raise the money which is
13 needed for education and other governmental
14 services.
15 I think we've got excellent
16 committees in this house. We've got members
17 that are willing to work. Hopefully, we've got
18 members that are willing to make the tough
19 decisions. Let's not set up for another
20 commission. Let's not put off the obligation
21 that we have to deal with what is a very, very
22 serious problem in this state and that's the
23 rising real estate taxes. For those reasons, I
7012
1 would urge a no vote on this bill.
2 ACTING PRESIDENT SPANO: Senator
3 Dollinger.
4 SENATOR DOLLINGER: Mr.
5 President, I rise to follow Senator Leichter,
6 although I will dispute one thing. I think
7 there are a lot of bright people in this
8 chamber, Senator Leichter, but I think there are
9 also a lot of bright people on school boards,
10 people who are out making those decisions day to
11 day about whether real property taxes are the
12 proper way to pick up the shortfall between the
13 state's support for education and the local
14 support for education, and my feeling is that
15 there's tons of data, tons of information, tons
16 of input from local school board people.
17 I probably will end up voting for
18 this commission again but we're reinventing the
19 wheel time and time and time again. If we
20 wanted to know what the wheel is, there's lots
21 of people who can tell us how round it is and
22 where the spokes fit and they're found in local
23 school boards and we ought to be listening to
7013
1 them.
2 ACTING PRESIDENT SPANO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT SPANO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 54, nays 2,
10 Senators Leichter and Spano recorded in the
11 negative.
12 ACTING PRESIDENT SPANO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1473, by Senator Levy, Senate Bill Number 1304,
16 an act to restore funds to school districts.
17 SENATOR PRESENT: Lay it aside,
18 please.
19 ACTING PRESIDENT SPANO: Lay it
20 aside temporarily.
21 THE SECRETARY: Calendar Number
22 1480, by Senator Present, Senate Bill Number
23 7117, an act to amend the County Law.
7014
1 ACTING PRESIDENT SPANO: Read the
2 last section.
3 Senator Leichter.
4 SENATOR LEICHTER: Lay it aside
5 temporarily.
6 ACTING PRESIDENT SPANO: Lay it
7 aside temporarily.
8 THE SECRETARY: Calendar Number
9 1483, substituted earlier today, by member of
10 the Assembly Vitaliano, Assembly Bill Number
11 10245-A, an act to amend the Education Law.
12 ACTING PRESIDENT SPANO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT SPANO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 56.
20 ACTING PRESIDENT SPANO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1485, by Senator Marino, Senate Bill Number
7015
1 7245, proposing an amendment to the
2 Constitution.
3 SENATOR CONNOR: Explanation.
4 SENATOR PRESENT: Lay it aside
5 temporarily.
6 ACTING PRESIDENT SPANO: Lay it
7 aside temporarily.
8 THE SECRETARY: Calendar Number
9 1490, by Senator Tully, Senate Bill Number
10 7802-A, an act to amend the Public Health Law.
11 SENATOR CONNOR: Explanation.
12 ACTING PRESIDENT SPANO: Senator
13 Tully.
14 SENATOR TULLY: Yes, Mr.
15 President. This bill is a result of three-way
16 negotiations and agreed upon by all the
17 parties. The bill protects and improves the
18 health of the children in New York State by
19 reducing barriers to and improving the
20 availability to appropriate immunization for
21 vaccine-preventable diseases.
22 ACTING PRESIDENT SPANO: Senator
23 Connor.
7016
1 SENATOR CONNOR: Yes, Mr.
2 President. Just a quick question, if Senator
3 Tully would yield.
4 ACTING PRESIDENT SPANO: Senator
5 Tully yields.
6 SENATOR TULLY: Yes, I will, Mr.
7 President.
8 SENATOR CONNOR: Senator, I
9 followed this legislation and I see where the -
10 in an: "A" print, and I was just wondering
11 whether any consideration was given to
12 implementing a bulk purchase program in order to
13 reduce the cost of this program.
14 SENATOR TULLY: Yes -- Mr.
15 President. That's a good question. It was
16 discussed. Unfortunately, there wasn't enough
17 time to delve into it and the agreement,
18 therefore, was that we would have an advisory
19 committee instead.
20 SENATOR CONNOR: Mr. President, a
21 further question, if the Senator would yield.
22 SENATOR TULLY: I will, Mr.
23 President.
7017
1 ACTING PRESIDENT SPANO: The
2 Senator yields.
3 SENATOR CONNOR: Thank you,
4 Senator.
5 Is this task force under any
6 deadline to make its report with regard to the
7 advisability of bulk purchase?
8 SENATOR TULLY: Preliminary
9 report, Mr. President, May 1st, 1995.
10 SENATOR CONNOR: Thank you, Mr.
11 President.
12 ACTING PRESIDENT SPANO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT SPANO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 56.
20 ACTING PRESIDENT SPANO: The bill
21 is passed.
22 Senator Present.
23 SENATOR PRESENT: Can we go back
7018
1 to 478?
2 ACTING PRESIDENT SPANO: Senator
3 Present, what was the Calendar Number?
4 SENATOR PRESENT: 478.
5 ACTING PRESIDENT SPANO: Calendar
6 478. The Secretary will read.
7 THE SECRETARY: On page 8,
8 Calendar Number 478, by Senator Saland, Senate
9 Bill Number 5881-D, an act to amend a chapter of
10 the laws of 1994.
11 SENATOR PRESENT: Mr. President.
12 ACTING PRESIDENT SPANO: Senator
13 Present.
14 SENATOR PRESENT: Is there a
15 message of necessity at the desk?
16 ACTING PRESIDENT SPANO: Yes,
17 there is.
18 SENATOR PRESENT: May I move that
19 we accept the message?
20 ACTING PRESIDENT SPANO: All
21 those in favor signify by saying aye.
22 (Response of "Aye".)
23 Opposed, nay.
7019
1 (There was no response.)
2 The message is accepted. Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT SPANO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 56.
10 ACTING PRESIDENT SPANO: The bill
11 is passed.
12 SENATOR DALY: Mr. President.
13 ACTING PRESIDENT SPANO: Senator
14 Daly.
15 SENATOR DALY: Would you -
16 Calendar Number 884, Print Number 27-G, would
17 you recommit Calendar Number 884, Print 27-G,
18 recommit, strike the enacting clause.
19 ACTING PRESIDENT SPANO: So
20 ordered.
21 THE SECRETARY: Calendar Number
22 1492, substituted earlier today, by member of
23 the Assembly Schimminger, Assembly Bill Number
7020
1 10868-A, an act to amend the Labor Law.
2 SENATOR GOLD: Last section.
3 ACTING PRESIDENT SPANO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT SPANO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 56.
11 ACTING PRESIDENT SPANO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1493, substituted earlier today, by member of
15 the -- by the Assembly Committee on Rules.
16 SENATOR GOLD: Lay it aside
17 temporarily.
18 ACTING PRESIDENT SPANO: Lay it
19 aside temporarily.
20 THE SECRETARY: Calendar Number
21 1494, substituted earlier today, by member of
22 the Assembly Christensen, Assembly Bill Number
23 9926-D, an act to amend the Insurance Law.
7021
1 ACTING PRESIDENT SPANO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT SPANO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT SPANO: Senator
9 Dollinger.
10 SENATOR DOLLINGER: To explain my
11 vote, Mr. President.
12 ACTING PRESIDENT SPANO: Senator
13 Dollinger, to explain his vote.
14 SENATOR DOLLINGER: Mr.
15 President, we have done a lot of work in the
16 upstate region and borders of Lake Ontario
17 regarding the flood issue, especially in the
18 wake of the flooding last spring, and I think
19 this is a good bill that requires the insurers
20 to provide notices to home owners for the
21 inclusion in the national flood insurance
22 program.
23 I would simply point out that
7022
1 most of the damage that was caused in Lake
2 Ontario in the flood plain last year was not due
3 to actual flooding conditions, it was due to
4 waive-induced damages because of high water, and
5 it turns out it wasn't covered by the federal
6 flood insurance program. It's a project that we
7 have been working on to try to get the federal
8 government to pick up that cost when the water
9 level is high in the lakes, and it's simply wave
10 damage. It's still an issue in dispute. We
11 have been working on it, but I think this is a
12 good bill to provide that notice, and I commend
13 the sponsor for doing so.
14 ACTING PRESIDENT SPANO: Senator
15 Dollinger in the affirmative. Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 56.
18 ACTING PRESIDENT SPANO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1498, by Senator Lack, Senate Bill Number
22 8187-C, an act to amend the Penal Law.
23 ACTING PRESIDENT SPANO: Read the
7023
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT SPANO: Call the
5 roll.
6 SENATOR PRESENT: Lay it aside.
7 ACTING PRESIDENT SPANO: Lay it
8 aside.
9 SENATOR PRESENT: Call it back.
10 ACTING PRESIDENT SPANO: The
11 Secretary will read Calendar 1498.
12 THE SECRETARY: Calendar Number
13 1498, by Senator Lack, Senate Bill Number
14 8187-C, an act to amend the Penal Law.
15 ACTING PRESIDENT SPANO: Read the
16 last section.
17 THE SECRETARY: Section -
18 SENATOR LACK: Mr. President.
19 ACTING PRESIDENT SPANO: Senator
20 Lack.
21 SENATOR LACK: Thank you, Mr.
22 President.
23 I won't take too much time on
7024
1 this day, but I do want to say a couple words
2 about this bill that we are about to pass.
3 Approximately six months ago in
4 Suffolk County, posters started to appear like
5 the one I'm holding in my hand saying "Is this
6 man a child molester or a pedophile?" The man
7 in question is a Suffolk County Family Court
8 judge. Thereafter, distributed in his synagogue
9 were further pamphlets saying $500 reward for
10 any information leading to the proof of
11 allegations of child molestation and child
12 pornography against this person.
13 For another Suffolk County Family
14 Court judge, the judge started getting phone
15 calls every day. "We know where your child -
16 your children go to school. You're not deciding
17 cases against fathers right. We're going to
18 keep watching where your children go to
19 school."
20 Another judge who's been a judge
21 for 25 years, flyers started to appear in his
22 community, "This judge takes bribes. What are
23 you going to do about it?" No one, of course,
7025
1 is saying that they distributed these flyers,
2 but after these flyers had been distributed, lo
3 and behold, a group called Family Advocates,
4 which is a fathers' rights group started
5 saying, well, since there are questions about
6 those judges, these judges should all be
7 investigated and they make lousy decisions.
8 They don't decide for fathers.
9 This is operant, absolutely
10 operant. This has led to my introduction and
11 our consideration today of Senate 8187-C,
12 modeled after a federal statute to establish a
13 felony for influencing or injuring a judge,
14 prosecutor, attorney or juror or a witness, and
15 we would make it a class D felony.
16 My reason for taking the time on
17 the floor today to explain this is that the
18 Assembly seems to have some problems about
19 putting a Penal Law violation in to handle this
20 type of conduct on influencing a judge. I
21 cannot tell you how strongly that I feel this
22 should be a part of our Penal Law, and in an
23 unusual step, the new administrative judge of
7026
1 Suffolk County, Justice Mary Warner, a Democrat,
2 I might add, and the first Democrat
3 administrative judge in Suffolk County in recent
4 memory, if probably not this century, has
5 strongly endorsed this piece of legislation as
6 has Suffolk County District Attorney James
7 Catterson, a Republican, the Suffolk County Bar
8 Association and anybody, any attorney who has
9 looked at what has happened to these judges who
10 are only trying to do their judicial job, their
11 judicial duty and work, quite frankly, on behalf
12 of all people, I would strongly hope that before
13 this day is over, the Assembly would take
14 another look at this piece of legislation, take
15 another look at how justice is carried out these
16 days in Suffolk County and enact this model
17 legislation, this already extant federal law and
18 make it the law of the state of New York so it
19 can apply not only to federal judges in the
20 state of New York but to state judges as well.
21 SENATOR GOLD: Will the Senator
22 yield to a question?
23 SENATOR LACK: Yes, Senator Gold.
7027
1 ACTING PRESIDENT SPANO: Senator
2 Lack yields.
3 SENATOR GOLD: Senator, the first
4 document that you had that you said these
5 posters -- what does it actually say on these
6 posters?
7 SENATOR LACK: "Is this man a
8 child molester or a pedophile?"
9 SENATOR GOLD: All right. So
10 what I don't understand, Senator, is the
11 language of the bill I'm looking at talks about
12 by threat or force, any threatening letter or
13 communication. How would that poster fit under
14 this language?
15 SENATOR LACK: Well, it's a
16 poster that's in effect in a letter form. It's
17 been sent out to the community.
18 SENATOR GOLD: Assume it was a
19 letter.
20 SENATOR LACK: What?
21 SENATOR GOLD: Assume it was a
22 letter.
23 SENATOR LACK: It says if any -
7028
1 by force or by any threatening letter,
2 communication to impede any judge -- the man in
3 question is a judge.
4 SENATOR GOLD: Yeah, but where is
5 the threat? I don't understand the threat. I
6 mean, I'm not sailing that the bill is not a
7 good idea. I just don't know how that poster
8 would affect it even if this is the law.
9 SENATOR LACK: The threat,
10 Senator Gold, is contained in the body of the
11 poster in terms of how the judge conducts his
12 business as a judge, the way he makes his
13 decisions, et cetera and, in effect, he
14 shouldn't be a Family Court judge because he's a
15 pedophile and you shouldn't allow him to
16 influence anything; would you want your child
17 with him, et cetera.
18 SENATOR GOLD: Well, Mr.
19 President, on the bill.
20 ACTING PRESIDENT SPANO: Senator
21 Gold, on the bill.
22 SENATOR GOLD: Senator Lack, I
23 believe that judges and the people covered by
7029
1 your bill should have protection, and I'm going
2 to vote for the bill, but unless I'm missing
3 something, I don't think that the passage of
4 this bill can stop that poster. If somebody
5 puts out a poster and asks whether or not
6 someone has any information or -- in my opinion,
7 that's not a threat. Its not a force. I don't
8 -- I don't think it fits under your bill, so I
9 mean all I'm saying to you is, I certainly think
10 these people deserve some protection and I think
11 I'm going to support the bill unless I hear
12 anything different which I haven't heard, but I
13 really don't think that this bill stops that
14 poster.
15 SENATOR LACK: I understand,
16 Senator Gold, but it's the Suffolk County
17 District Attorney as well as my office has
18 reviewed it, and they feel that the elements of
19 the crime set forth should cover the types of
20 situations that have been going on in Suffolk
21 County if, indeed, it were the law of the state.
22 SENATOR GOLD: Will you yield to
23 one more question?
7030
1 SENATOR LACK: Sure.
2 SENATOR GOLD: You said the
3 Suffolk County District Attorney. Who is that?
4 SENATOR LACK: James Catterson.
5 SENATOR GOLD: Wasn't he once
6 counsel to a legislative leader here?
7 SENATOR LACK: Yes, sir.
8 SENATOR GOLD: Very bright man.
9 ACTING PRESIDENT SPANO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT SPANO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 57.
17 ACTING PRESIDENT SPANO: The bill
18 is passed.
19 Senator Present.
20 SENATOR PRESENT: Take up 1379,
21 please.
22 ACTING PRESIDENT SPANO: The
23 Secretary will call Calendar 1379.
7031
1 THE SECRETARY: Calendar Number
2 1379, by Senator Nozzolio, Senate Bill Number
3 8648-A, an act to amend the Election Law.
4 ACTING PRESIDENT SPANO: Senator
5 Present.
6 SENATOR PRESENT: Mr. President,
7 is there a message of necessity at the desk?
8 ACTING PRESIDENT SPANO: Yes,
9 there is.
10 SENATOR PRESENT: I move that we
11 accept the message.
12 ACTING PRESIDENT SPANO: All
13 those in favor of accepting the message signify
14 by saying aye.
15 (Response of "Aye".)
16 Opposed, nay.
17 (There was no response.)
18 The message is accepted.
19 Senator Connor.
20 SENATOR CONNOR: Explanation has
21 been requested.
22 ACTING PRESIDENT SPANO: Senator
23 Nozzolio, an explanation on Calendar 1379.
7032
1 SENATOR NOZZOLIO: Thank you, Mr.
2 President.
3 My colleagues, the measure before
4 us changes the presidential primary day that -
5 I would be glad to entertain any questions.
6 SENATOR CONNOR: Thank you.
7 Will the Senator yield for a
8 question?
9 SENATOR NOZZOLIO: Certainly.
10 SENATOR CONNOR: Thank you,
11 Senator.
12 Senator, my one concern, and I
13 wish you could address it is as we discussed -
14 you may not have been there, but in Rules the
15 other day, I certainly support changing this
16 primary date, but what we've done here is change
17 the date of the primary in the permanent law
18 which was adopted for the '76 election and, as
19 you know, we usually do -- every year since
20 then, in fact, have done a calendar bill that
21 shifts the other offices, state committee,
22 county committee and district leaders, to the
23 September primary, and my question is, is there
7033
1 a commitment to do that for the next
2 presidential cycle?
3 SENATOR NOZZOLIO: Mr. President,
4 there is a commitment, and that it is an effort
5 that will be entertained, although certainly we
6 can't bind future Legislatures, but it is the
7 intention of this legislator, that the calendar
8 would be taken up as it normally is and those
9 changes would be made next year.
10 SENATOR CONNOR: Thank you,
11 Senator. On the bill.
12 ACTING PRESIDENT SPANO: Senator
13 Connor, on the bill.
14 SENATOR CONNOR: This is
15 obviously a very good idea to put New York in
16 the forefront with respect to both political
17 parties' selection of presidential candidates.
18 The concern I raised, which I think all of the
19 members here can appreciate, is that it's just
20 not good public policy to have district leaders,
21 county committee members and other party
22 officials not related to the presidential
23 selection process running in March when other
7034
1 officials, for example, Senators and Assembly
2 members, have to run in a September primary. It
3 just doesn't make sense and I am glad to hear
4 that this house -- and I've spoken to people in
5 the other house -- intend, should enough of us
6 all be re-elected, to address that issue in the
7 coming year.
8 ACTING PRESIDENT SPANO: Senator
9 Nozzolio.
10 SENATOR NOZZOLIO: Yes, Mr.
11 President.
12 I rise to ask my colleagues to
13 accept this bill, to place New York again in the
14 forefront of the decision-making process in the
15 presidential primaries.
16 I, for one, have resented the
17 fact that states less than the size of Erie
18 County have made decisions for the selection of
19 presidents before New Yorkers have, and that in
20 many cases, primary candidates have dropped out
21 in the past presidential primaries before New
22 Yorkers have even had the opportunity to select
23 a candidate of their choice. This is of both
7035
1 political parties. The presidential primary now
2 will be placed earlier enough in the
3 presidential schedule to give New Yorkers
4 adequate voice in the selection process and, as
5 such, I urge adoption of the legislation.
6 ACTING PRESIDENT SPANO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT SPANO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 57.
14 ACTING PRESIDENT SPANO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1500, by Senator Skelos, Senate Bill Number
18 8233-A, authorize the town of Hempstead to lease
19 certain lands.
20 ACTING PRESIDENT SPANO: Home
21 rule message is at the desk.
22 SENATOR GOLD: Hold on.
23 ACTING PRESIDENT SPANO: Senator
7036
1 Skelos.
2 SENATOR SKELOS: Senator Galiber,
3 this legislation would permit the town of
4 Hempstead to lease a municipally-owned beach
5 club facility to a private operator for no more
6 than 20 years, and it would be subject to local
7 referendum.
8 SENATOR GALIBER: Senator, if -
9 I know it would be difficult for you to answer
10 this question, but do you have any idea what
11 this land would go for, how would be -- the
12 measurement is the market value? Is it some
13 other criteria?
14 SENATOR SKELOS: It would be fair
15 market value.
16 SENATOR GALIBER: Fair market
17 value?
18 On the bill, and my concern,
19 Senator, we have a practice here in the state,
20 unfortunately, where the Department, DOT has a
21 certain property that they've acquired and
22 they're now going through the process of leasing
23 that property out to private developers, and we
7037
1 had an incident in our jurisdiction -- I know of
2 your concern, you certainly would not want it to
3 happen out in your area -- where during the
4 course of negotiations, what has actually
5 happened -- and I mentioned this at Commissioner
6 Egan's confirmation here on the floor, that what
7 happened out in Bronx County or down in Bronx
8 County may very well happen in your
9 jurisdiction, that as they negotiated the lease,
10 they're just about giving the property away.
11 A fellow down -- who should
12 remain nameless, but a noted developer has
13 gotten a 99-year lease in the rail yards which
14 caused some other problems, but the fact of the
15 matter is that he got this acreage very, very
16 cheap, we almost gave it away, so I may bring
17 this for the record to your attention because
18 certainly I would not and you would not want
19 under the guise of fair market price, depending
20 on who's negotiating, that this 20-year lease
21 that may be very good for your community in
22 terms of development and plus some other
23 benefits might be -- find themselves in a
7038
1 position where they're just giving away lands
2 for the development.
3 ACTING PRESIDENT SPANO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT SPANO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 57.
11 ACTING PRESIDENT SPANO: The bill
12 is passed.
13 SENATOR OPPENHEIMER: Mr.
14 President.
15 ACTING PRESIDENT SPANO: Senator
16 Oppenheimer.
17 SENATOR OPPENHEIMER: I would
18 like unanimous consent to be in the negative on
19 310.
20 ACTING PRESIDENT SPANO: Without
21 objection.
22 THE SECRETARY: Calendar Number
23 1505, by Senator Wright, Senate Bill Number
7039
1 8374-A, an act in relation to the computation of
2 the indirect component of the basic
3 reimbursement rate.
4 SENATOR GOLD: Hold on one
5 second.
6 ACTING PRESIDENT SPANO: Senator
7 Gold.
8 SENATOR GOLD: Can we lay this
9 aside temporarily for Senator Leichter, maybe
10 for about five minutes?
11 SENATOR PRESENT: Lay it aside
12 temporarily.
13 ACTING PRESIDENT SPANO: Lay it
14 aside temporarily.
15 THE SECRETARY: Calendar Number
16 1506, by Senator Tully, Senate Bill Number 8395,
17 an act to amend the Public Health Law.
18 SENATOR GOLD: Hold on. 1506?
19 Yeah, again, if we could just have five minutes,
20 Senator Tully, on this.
21 ACTING PRESIDENT SPANO: Lay it
22 aside temporarily.
23 THE SECRETARY: Calendar Number
7040
1 1513, by Senator Seward, Senate Bill Number
2 8632-A, an act to amend the Public Service Law.
3 SENATOR GOLD: Yeah. Would the
4 Senator just yield to a question?
5 ACTING PRESIDENT SPANO: Senator
6 Seward? Senator Seward yields.
7 SENATOR SEWARD: Yes.
8 SENATOR GOLD: Senator, I asked a
9 question in Rules, and maybe you can clarify
10 that here. It deals with video conferencing,
11 and essentially, the idea, I find unoffensive,
12 but, Senator, the fiscal note says there is no
13 cost. Now, what I didn't understand and some
14 others didn't understand is how do you start
15 from nothing, obtain all of this video
16 conferencing equipment, have it all put in place
17 and then tell someone the state of New York is
18 not going to pay for it? I mean, there's got to
19 be a cost factor.
20 I mean, PSC has basically said
21 they cannot support the bill because they don't
22 have the money to do the purchasing. Now, how
23 do I give them any answers?
7041
1 SENATOR SEWARD: Well, Senator, I
2 would respond by saying that it's certainly our
3 goal here -- one of our goals of the video
4 conferencing, in addition to some of the energy
5 saving aspects, but also it is a cost savings
6 measure because of less travel requirements and
7 reimbursement for travel and those sorts of
8 things.
9 I believe that there would not be
10 a negative impact fiscally, because the savings
11 involved would offset whatever cost there would
12 be associated with equipment purchases.
13 SENATOR GOLD: Would the Senator
14 yield to a question?
15 SENATOR SEWARD: Certainly.
16 SENATOR GOLD: Senator, I believe
17 that your comment is a very sincere comment and
18 it may be that, if we have the video
19 conferencing as an experiment, that there might
20 be a savings, and then if that happened, we
21 would have that money. We could use it next
22 year or whatever, but without knowing what it's
23 going to do, how do you tell a department or a
7042
1 commission to put the program in, spend the
2 money they don't have to buy the equipment, they
3 can't even get it started.
4 So what I'm saying to you, it
5 would seem to me to make more sense as they've
6 indicated, to give them the money, let them buy
7 the equipment, then they have the equipment, you
8 got the program, and if it saves monies, maybe
9 we'll use it in other places also.
10 SENATOR SEWARD: Well, Senator,
11 if that is a perceived problem -- and I do
12 question that, but if that's a problem, the
13 legislation would not require them to
14 immediately purchase the equipment and, in fact,
15 they would be reporting to us some time next
16 year in terms of their experience. So,
17 actually, we could get into another fiscal year
18 if that is a problem.
19 SENATOR GOLD: Mr. President, on
20 the bill.
21 ACTING PRESIDENT SPANO: Senator
22 Gold, on the bill.
23 SENATOR GOLD: Mr. President,
7043
1 there are a number of situations that are coming
2 out of Rules now and, in all fairness, I think
3 that they set terrible precedents.
4 This bill is not -- by far is not
5 the most expensive of those alternatives, but we
6 have a budget. We passed a budget, and now
7 we're getting one-house bills. I understand
8 there is no companion in the Assembly. The
9 Governor has a program where he is going to try
10 to have this established on a voluntary basis
11 with money for the '95-96 year, but to put out
12 bills at this point that are one-house bills
13 that exceed the budget, I think ruins any
14 credibility the Republican Party has in this
15 state, in the Senate, as to being fiscally
16 responsible, and so I'm going to vote against
17 the bill. The Department -- the commission
18 says, please vote against it. If you give them
19 the money, they'll try it, but without the
20 money, it's an irresponsible thing bill.
21 ACTING PRESIDENT SPANO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
7044
1 act shall take effect immediately.
2 ACTING PRESIDENT SPANO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 56, nays 1,
6 Senator Gold recorded in the negative.
7 ACTING PRESIDENT SPANO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1516, by Senator Cook, Senate Bill Number 8683,
11 an act to amend of the Judiciary Law.
12 ACTING PRESIDENT SPANO: Senator
13 Dollinger.
14 SENATOR DOLLINGER: Mr.
15 President, would the sponsor yield to a
16 question?
17 ACTING PRESIDENT SPANO: Senator
18 Cook, would you yield to a question? Senator
19 Cook yields.
20 SENATOR DOLLINGER: My question,
21 Senator, is the estimated cost is $40,000?
22 SENATOR COOK: $400,000.
23 SENATOR DOLLINGER: $400,000. In
7045
1 the initial -- at least in the memo that I have
2 accompanied it says $40,000.
3 SENATOR COOK: I'm sorry.
4 SENATOR DOLLINGER: The only
5 reason I asked is because we have been working
6 to try to get a Family Court judge for Monroe
7 County, and the estimate we had was about 450
8 to $500,000 and I was wondering how you could
9 get one so inexpensively.
10 SENATOR COOK: Apparently it's a
11 misprint, Senator. $400,000.
12 SENATOR DOLLINGER: $400,000.
13 Thank you, Mr. President.
14 ACTING PRESIDENT SPANO: : Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT SPANO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 57.
22 ACTING PRESIDENT SPANO: The bill
23 is passed.
7046
1 SENATOR STAVISKY: Mr. President.
2 ACTING PRESIDENT SPANO: Senator
3 Stavisky.
4 SENATOR STAVISKY: Would it be
5 possible to move to reconsider the vote by which
6 1498 passed?
7 ACTING PRESIDENT SPANO: 1498 is
8 out of the house, Senator Stavisky.
9 SENATOR STAVISKY: I would like
10 to explain my vote.
11 ACTING PRESIDENT SPANO: Senator.
12 SENATOR STAVISKY: I believe that
13 this legislation does a disservice to groups and
14 individuals -
15 SENATOR PRESENT: May I
16 interrupt?
17 SENATOR STAVISKY: Yes.
18 SENATOR PRESENT: Mr. President,
19 to follow procedure, would you ask for unanimous
20 consent? You'll get it, I'm sure.
21 SENATOR STAVISKY: I shall.
22 Without objection, may I, with unanimous
23 consent, ask for reconsideration of the vote by
7047
1 which 1498 passed this chamber?
2 SENATOR PRESENT: You want to
3 make a statement?
4 SENATOR STAVISKY: Yes, I would
5 like to make a statement.
6 ACTING PRESIDENT SPANO: Without
7 objection, Senator Stavisky, to make a
8 statement.
9 SENATOR STAVISKY: Mr. President,
10 there are many groups of crime victims who have
11 been concerned that important segments of the
12 criminal justice system have gone to sleep.
13 They've often found that when their rights are
14 involved, there is almost no effort made to
15 provide proper remedies.
16 Automobile theft is one case in
17 point where New York State has had as many as
18 168,000 cases of car theft in a single year, yet
19 barely 200 people have been convicted of
20 felonies and are serving time in New York State
21 correctional facilities.
22 The rights of the people to
23 express their views to executive or the
7048
1 legislative or the judicial branch of government
2 should be respected, and I believe that this
3 piece of legislation does a grave disservice to
4 groups that wish to have court monitoring and
5 wish to have the criminal justice system aware
6 of the fact that crime victims as well as
7 criminal defendants have rights in this state,
8 and that has not been uniformly the practice in
9 many parts of the state.
10 So I think that there is an
11 ill-conceived piece of legislation. The sponsor
12 may have good reason in his county for the
13 request for this legislation, but I must tell
14 you, my constituents have witnessed case after
15 case where criminals have been plea bargained
16 down from felonies to misdemeanors and they've
17 been released with time served and put on
18 probation and they go right out and they steal
19 other people's cars. I don't think that should
20 happen in any county of New York State, but it
21 is happening increasingly where unilaterally our
22 state's Penal Law has been repealed by
23 prosecutors and judges who don't care about
7049
1 enforcing the existing provisions of law.
2 For this reason, because I wish
3 to protect of the rights of aggrieved citizens
4 and others who wish to have court monitoring so
5 all branches of government, judicial, as well as
6 executive and legislative, can know when
7 something is wrong, that the public has a right
8 to be present and to state that something is
9 wrong and to monitor those court cases, and I
10 think the approval of this bill in its present
11 form is a mistake.
12 Accordingly, I wish to be
13 recorded in the negative on that bill.
14 ACTING PRESIDENT SPANO: Senator
15 Stavisky, would you like to have the record
16 indicate that you would like to be recorded in
17 the negative on this bill?
18 SENATOR STAVISKY: In the
19 negative on that bill.
20 ACTING PRESIDENT SPANO: Without
21 objection. Regular order.
22 THE SECRETARY: Calendar Number
23 1517, by Senator Bruno, Senate Bill Number 8686,
7050
1 an act to amend of the Civil Service Law.
2 SENATOR SMITH: Explanation.
3 SENATOR PRESENT: Lay it aside
4 temporarily.
5 ACTING PRESIDENT SPANO: Lay it
6 aside temporarily.
7 Senator Present.
8 SENATOR PRESENT: Senator, I
9 would like to advise the members as we go
10 through the calendar, if they are not in here to
11 answer questions and explain their bills, we may
12 not return to that particular calendar number,
13 and I hope that the staff who's listening and
14 their members are not here, those members are
15 listening, report to the chamber if they have a
16 bill on the calendar to defend or answer
17 questions relative to their bill. If not, we
18 may not return to it.
19 ACTING PRESIDENT SPANO: The
20 point is well taken, Senator Stafford. Please,
21 all those in -- Senator Present, I'm sorry, I do
22 it to you all the time -- ask those members to
23 please be in the chamber, especially those
7051
1 members who have bill on the active list to be
2 here to debate your bill.
3 Senator Stavisky.
4 SENATOR STAVISKY: Is it my
5 understanding that Calendar Item 1473 has also
6 passed in this house?
7 ACTING PRESIDENT SPANO: Yes.
8 SENATOR STAVISKY: Without
9 objection, may I be recorded in the negative?
10 I'm sorry, it has not come up.
11 ACTING PRESIDENT SPANO: 1473 has
12 not yet been passed.
13 SENATOR STAVISKY: Thank you.
14 ACTING PRESIDENT SPANO: Senator
15 Present.
16 SENATOR PRESENT: Calendar 420.
17 ACTING PRESIDENT SPANO:
18 Secretary will read Calendar 420.
19 THE SECRETARY: Calendar Number
20 420, by the Assembly Committee on Rules,
21 Assembly Bill Number 11950-A, an act to amend
22 the State Administrative Procedure Act.
23 SENATOR GOLD: Hold up.
7052
1 SENATOR LEICHTER: Could you read
2 the last section? I'm going to explain my vote
3 on the bill. I'm sorry, hold it.
4 ACTING PRESIDENT SPANO: Senator
5 Gold.
6 SENATOR GOLD: Last section, and
7 I believe Senator Leichter wants to -
8 ACTING PRESIDENT SPANO: Read the
9 last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect October 12th, 1994.
12 ACTING PRESIDENT SPANO: Senator
13 Leichter, to explain his vote.
14 SENATOR LEICHTER: Mr. President,
15 while I appreciate an effort to try to simplify
16 administrative rules, if you take a look at the
17 bills, they often really make the administrative
18 process more cumbersome or require such actions
19 by the agencies that's probably going to delay
20 administrative proceedings and it's certainly
21 going to make them more expensive.
22 Now, in this particular bill, the
23 provisions that deal with how the agency shall
7053
1 consider job loss that may occur as a
2 consequence of a rule or regulation or some
3 other administrative action, just seems to me
4 obviously, that's something that the agency is
5 going to consider in the first instance, it's
6 going to look at, but what this bill requires is
7 rather extensive consideration of alternatives,
8 and so on. I assume if an alternative existed
9 in the first instance that was going to
10 accomplish the purpose of the rule without a job
11 loss, they would have done that, but it just
12 seems to me requiring setting forth things that
13 either are unnecessary or are cumbersome or
14 delay the process doesn't make administrative
15 procedures simpler.
16 And for this reason, Mr.
17 President, I think that many of the proposals
18 that have been put forward by the Majority
19 really don't accomplish the aim and purpose, and
20 I'm going to vote in the negative on this bill.
21 ACTING PRESIDENT SPANO: Senator
22 Leichter in the negative. Announce the results.
23 SENATOR WRIGHT: Mr. President.
7054
1 ACTING PRESIDENT SPANO: Senator
2 Wright, to explain his vote.
3 SENATOR WRIGHT: Mr. President,
4 to explain my vote.
5 This bill is a bill that passed
6 both houses last year and was vetoed by the
7 Governor, again passed this house earlier this
8 year and we have been working very closely with
9 the Assembly to come up with a reasonable
10 compromise to address the concerns voiced in
11 those vetos.
12 Unfortunately, all too often, the
13 regulatory impact statements do not, and I
14 repeat, do not address the job loss, and I think
15 we all recognize that in this economic climate
16 within the state of New York, there is a direct
17 correlation and that was documented by hearings
18 held throughout the state in the past year, a
19 direct correlation between the regulatory
20 environment of this state and the loss of jobs,
21 so this bill very specifically highlights the
22 job impact, specifically contains changes from
23 last year's bill to incorporate it in a single
7055
1 agency, ORMA, to rather than require the
2 oversight, require the input of DED and
3 Department of Labor so we've tried to address
4 those veto concerned but, at the same time, Mr.
5 President, we have very specifically focused on
6 the need to recognize job impact losses and for
7 that reason, I vote aye.
8 ACTING PRESIDENT SPANO: Senator
9 Wright, in the affirmative. Announce the
10 results.
11 THE SECRETARY: Ayes 56, nays 1,
12 Senator Leichter recorded in the negative.
13 ACTING PRESIDENT SPANO: The bill
14 is passed.
15 Senator Present.
16 SENATOR PRESENT: 1505.
17 ACTING PRESIDENT SPANO: The
18 Secretary will read Calendar 1505.
19 THE SECRETARY: Calendar Number
20 1505, by Senator Wright, Senate Bill Number
21 8374-A, an act in relation to the computation of
22 the indirect component of the basic
23 reimbursement rate received by Mercy Hospital.
7056
1 ACTING PRESIDENT SPANO: Senator
2 Leichter.
3 SENATOR LEICHTER: Yes, Mr.
4 President, to explain my vote. Senator
5 Wright -
6 SENATOR GOLD: Last section.
7 SENATOR LEICHTER: Did you read
8 the last section? I'm sorry.
9 ACTING PRESIDENT SPANO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT SPANO: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT SPANO: Senator
17 Leichter, to explain his vote.
18 SENATOR LEICHTER: Yeah, Mr.
19 President, this -
20 ACTING PRESIDENT SPANO: Excuse
21 me, Senator Leichter, before you continue. Can
22 we get some order in the chamber? Can we please
23 hold back on the conversations in the rear of
7057
1 the chamber and some of the traffic in the
2 chamber?
3 Senator Leichter.
4 SENATOR LEICHTER: Right. Thank
5 you, Mr. President.
6 This bill involves a special help
7 for Mercy Hospital of Watertown, seems to be a
8 very good hospital, certainly necessary for the
9 people in that community.
10 Senator Wright explained to me
11 just how the efforts that have been made to help
12 this hospital which is a distressed hospital. I
13 certainly want to do that. I'm going to support
14 the bill, but I just want to point out that
15 throughout this state, we have hospitals that
16 have very serious problems and we try to address
17 that.
18 We have done a number of things,
19 the SLIPA Program, the Distressed Hospital
20 Program, but in spite of that, there are
21 hospitals that need special assistance
22 throughout this state, and we are going to have
23 to do this on a wholesale basis and for the
7058
1 whole state and not just for one hospital at a
2 time in this ad hoc manner.
3 I'm going to help this hospital
4 because it's important to the people, good
5 people in Watertown and northern New York State,
6 but we need to do this really for hospitals
7 throughout the state in rural areas, in the
8 inner city, suburban communities.
9 Thank you.
10 ACTING PRESIDENT SPANO: Senator
11 Leichter in the affirmative.
12 Senator Farley, to explain his
13 vote.
14 SENATOR FARLEY: I think Senator
15 Leichter is absolutely right. I'm going to
16 support this bill also, because this is the
17 hospital I was born in and so were my five
18 brothers. I think it's very worthy.
19 ACTING PRESIDENT SPANO: Announce
20 the results. Senator Farley in the
21 affirmative. Announce the results.
22 THE SECRETARY: Ayes 58.
23 ACTING PRESIDENT SPANO: The bill
7059
1 is passed.
2 Senator Present.
3 SENATOR PRESENT: Calendar 1506.
4 ACTING PRESIDENT SPANO: The
5 Secretary will read Calendar 1506.
6 THE SECRETARY: Calendar Number
7 1506, by Senator Tully, Senate Bill Number 8395,
8 an act to amend the Public Health Law.
9 ACTING PRESIDENT SPANO: Read the
10 last section.
11 Senator Leichter.
12 SENATOR LEICHTER: Mr. President,
13 I'm going to ask Senator Tully to yield, and I
14 do so with -- really with a pleasure to take the
15 opportunity to thank Senator Tully for really
16 the very significant contribution he has made in
17 the -- in really helping all the people of this
18 state to have access to better health care, and
19 he's really provided very, very important, very
20 helpful leadership and, Senator Tully, you know
21 I mean that, but on this particular bill, I
22 guess my question is, and I really haven't had a
23 chance to look at it, but we now have a special
7060
1 office of Medicaid fraud, office that deals, it
2 seems to be, with many of the issues that are
3 addressed in this bill and I just didn't -- I
4 just couldn't understand and see what we gain by
5 this bill.
6 SENATOR TULLY: Thank you, Mr.
7 President.
8 First, Senator Leichter, I thank
9 you very much for your most gracious comments
10 and they're well received, and I hope that
11 Senator Farley, by virtue of them, doesn't vote
12 against the bill as he jocularly indicated.
13 SENATOR FARLEY: Just kidding.
14 SENATOR TULLY: But the reality
15 is that the office you referred to has just been
16 created. Within the confines of this bill, we
17 have included in the council that's created the
18 Office of the Special State Prosecutor for
19 Medicaid Fraud Control who, as you know, is Mr.
20 Kurianski.
21 The thrust of the bill is to
22 recognize the fact that there is approximately
23 $6 billion in Medicaid fraud and abuse in this
7061
1 state and close to 70- to $80,000 in the
2 country.
3 We believe that through the
4 effectuation of this legislation, there would be
5 the capability to have interagency sharing of
6 resources and computer data bases which is why
7 we included the Superintendent of Insurance as
8 one of the members because there are numerous
9 health insurance companies out there today who
10 have developed data bases and computer systems
11 which preclude fraud in the most effective way
12 and they are not now currently available to our
13 system in the state nor to many of the other
14 providers.
15 We think that this development of
16 computer models in the health industry, in this
17 utilization of the council to bring together
18 this coordination will result in the saving of a
19 great deal of money for the people of this
20 state.
21 SENATOR LEICHTER: Thank you.
22 ACTING PRESIDENT SPANO: Read the
23 last section.
7062
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT SPANO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 58.
7 ACTING PRESIDENT SPANO: The bill
8 is passed.
9 SENATOR PRESENT: Regular order.
10 ACTING PRESIDENT SPANO: Regular
11 order.
12 THE SECRETARY: Calendar Number
13 1524, by the Senate Committee on Rules, Senate
14 Bill Number 8727, authorizing the town of Greece
15 in the county of Monroe to discontinue the use
16 of a portion of McLoughlin Boulevard.
17 ACTING PRESIDENT SPANO: Home
18 rule message is at the desk.
19 Senator Dollinger.
20 SENATOR DOLLINGER: Mr.
21 President, I just rise to thank my colleagues on
22 the Rules Committee for this bill.
23 This addresses an issue in the
7063
1 town of Greece in its relationship with Eastman
2 Kodak Company, and I think there's a long
3 history and long tradition of the town of Greece
4 working in conjunction with Eastman Kodak
5 Company.
6 I know when I was a member of the
7 Monroe County Legislature, we negotiated a
8 special deal to handle the tax abatement
9 problems and the over-taxation problems, a deal
10 that I think has worked out well. I think this
11 is another step in the continuing close linkage
12 between one of my communities and our largest
13 employer, and I commend the members of the
14 Senate Rules Committee on all of those who have
15 been involved.
16 I had a briefing on this with
17 officials in the town of Greece several months
18 ago and I congratulate Eastman Kodak Company and
19 the Senate Majority, as well as everyone that's
20 been involved in this, including Assemblyman
21 Robach in the other house, for their work on
22 this very important piece of legislation. It's
23 a good sign. If there is a way that New York
7064
1 can continue to work with business, this is a
2 demonstration of this.
3 Thank you, Mr. President. I'll
4 be voting in the affirmative and urging all my
5 colleagues to do the same thing.
6 ACTING PRESIDENT SPANO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT SPANO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 58.
14 ACTING PRESIDENT SPANO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1531, by Senator Cook, Senate Bill Number 8773,
18 an act directing the Commissioner of Health to
19 identify certain unresolved early intervention
20 program.
21 ACTING PRESIDENT SPANO: Senator
22 Cook, for an explanation.
23 SENATOR COOK: Mr. President,
7065
1 since the implementation of the early
2 intervention legislation, we have been receiving
3 a number of complaints or concerns expressed by
4 individuals across the state. I have a list of
5 those, a documentation of them. I'm not going
6 to stand here and name specific counties and
7 locations because I think that that might be
8 inappropriate, since after all they are only
9 complaints, not necessarily things that have
10 been adjudicated.
11 Nevertheless, the concerns that
12 have been expressed are widespread across the
13 entire state, and in discussions that we've had
14 with the Assembly and the Governor's office, it
15 appears that they as well have had similar kinds
16 of concerns expressed to them, that for a
17 variety -- apparently a variety of reasons.
18 The implementation of this law
19 has been very uneven from one county to another,
20 and that partially, it appears that it has been
21 the result of the Health Department not giving
22 clear and concise direction as to how the law is
23 to be implemented and, for that reason, this
7066
1 bill, for the most part, addresses itself to
2 clarifying exactly the responsibilities of the
3 state Health Department in delineating to the
4 counties clearly what their responsibilities are
5 under this law, and also makes some -- some
6 revisions relative to the reimbursement, two
7 specific things, one being that travel times
8 have not been adequately addressed. The 20
9 minutes that someone is allowed as reimbursable
10 travel time is not realistic, certainly in rural
11 communities, given the distances that often have
12 to be traveled and even in city areas, given
13 traffic problems, 20 minutes has not appeared to
14 be a realistic reimbursement. There's a
15 consequence of that and the other thing I'm
16 going to speak about in a minute or so.
17 We have some counties,
18 particularly rural counties, where the financial
19 viability of many of the providers has been
20 seriously undermined to the point where we, in
21 fact, appear to be in danger of actually losing
22 services totally in some counties where there
23 have been perhaps only one provider in the
7067
1 entire county.
2 The other thing that has not been
3 addressed adequately is the absenteeism issue.
4 A child with very severe developmental
5 disabilities may well be the child who is most
6 often absent by reason of problems that that
7 child is experiencing from day to day, and it
8 appears that those children, therefore, who have
9 the most severe disabilities are the ones who
10 most often are penalized, that is the provider
11 is most often penalized because of the lack of
12 flexibility relative to the -- to the
13 reimbursement on -- on absenteeism, so we direct
14 the Commissioner -- we don't change the formula
15 per se, but we direct the Commissioner to
16 revisit those issues so that we can ensure that
17 the providers are, in fact, available and that
18 we don't lose access to services particularly in
19 some of the more rural areas of the state which
20 we really are in danger of having happen right
21 now.
22 ACTING PRESIDENT SPANO: Senator
23 LaValle.
7068
1 SENATOR LAVALLE: Senator Cook, I
2 rise because Suffolk County has a number of
3 concerns on this legislation and it is, indeed,
4 very, very important legislation that I have
5 supported in the past and probably will support
6 this legislation before us, but I think that we
7 -- if I can ask you a few additional questions,
8 and one of the concerns that they have, and you
9 just talked about that in terms of the travel
10 time and the absenteeism component dealing with
11 the rate setting methodology, they have other
12 concerns that deal with the monthly capitated
13 rate for service coordination. They indicate
14 that the bill mandates a monthly capitated rate
15 for service coordination, and that they seem to
16 be a little troubled by this payment methodology
17 for service coordination. In their estimation,
18 they seem to feel that that's an inequitable
19 approach. Could you commit comment on that?
20 SENATOR COOK: Senator, the
21 problem that we have and is not specifically
22 unlike much of our difficulty with trying to
23 develop hospital reimbursement, the cost
7069
1 containment efforts that many people have been
2 embarked upon are being -- are really tending to
3 defeat the access.
4 I guess the only answer I can
5 give to you is that, indeed, that does increase
6 the costs, but that those costs do exist, and
7 that if you don't reimburse for the costs, then
8 you, in effect, have to take money out of the
9 program in order to cover the cost -- these
10 uncovered costs relative to coordination.
11 So I guess I'm saying that the
12 purpose of this portion of the bill is to make
13 sure that the coordination costs are adequately
14 funded so that we don't have to take funds out
15 of actual service provision in order to do that.
16 SENATOR LAVALLE: Senator,
17 another concern that they have is the case load
18 limit of 25 for the service coordinators. Is
19 this -- does this place a -- is this arbitrary
20 and inequitable, this figure?
21 SENATOR COOK: Senator, it is
22 arbitrary. We set, as you well know, in the
23 state -- state Education Department, Board of
7070
1 Regents sets limits on the number, for example,
2 of students that one teacher may supervise
3 within a school system, and the reason these
4 things are done is because you do have children
5 with special educational needs or special
6 handicaps, and even though that number is to a
7 degree arbitrary, it is what I would say a good
8 consensus of people who are familiar with the
9 kinds of services that have to be provided, that
10 in general, 25 is the maximum that one agency
11 can effectively handle, so it -- it is
12 arbitrary, but it's -- if you will, it's
13 arbitrary with -- with good information and good
14 advice.
15 SENATOR LAVALLE: Senator,
16 there's a provision in here that has a
17 retroactive implementation provision. Does that
18 -- does that affect rates in any way?
19 SENATOR COOK: Well, Senator,
20 yeah. The problem that we have, and I was
21 indicating earlier that we have some counties
22 that we're actually going to lose services, and
23 I would suggest that probably the given county
7071
1 which wrote this memorandum is not going to be
2 impacted by that, but there will be some
3 counties where some members of this -- this body
4 have talked to us that they, indeed, will need
5 that reimbursement if they're going to be able
6 to stay in business.
7 SENATOR LAVALLE: Thank you,
8 Senator Cook.
9 On the bill, Mr. President. I
10 appreciate very much Senator Cook answering
11 those questions, and I think sometimes we as
12 members need to raise some of these concerns,
13 but at the same time, I think the provisions and
14 intentions of this body, in creation of the
15 early intervention legislation really meets a -
16 an overall and important goal, and that is to
17 ensure that we are identifying people at the
18 earliest possible time getting them programs and
19 services, and in the long run, reducing the
20 overall cost to government, the overall cost to
21 society and, indeed, make people important and
22 contributing members of our society.
23 Sometimes, however, and I have
7072
1 been -- I have had the privilege of serving in
2 different capacities in this body with regard to
3 legislation for individuals with special needs
4 and, from time to time, the cost factor gets a
5 little away from us, and I raise these questions
6 today because I think it's important for the
7 providers to understand that we have, as a
8 matter of policy, a very good intent, a very
9 high purpose, but at the same time, we have a
10 fiscal responsibility to our taxpayers, to the
11 governments locally, that also have a
12 responsibility for the taxpayer, and as we move
13 forward on this legislation, I think we all have
14 an important responsibility to be vigilant about
15 these costs that the counties talk about in
16 terms of mandate, and ultimately, possibly
17 translating into higher real property taxes on
18 our people.
19 The providers should not throw
20 the baby out with the bath water by continuing
21 to have costs that have added that they cannot
22 document and cannot really show or meeting the
23 purpose that this body has, and that is to get
7073
1 services to individuals so that they can be
2 independent individuals.
3 So, Senator Cook, I'm going to,
4 on this occasion, continue to support this
5 legislation, but I hope that those people who
6 will be providing the services will do so ever
7 mindful that there's ultimately a person who has
8 to pay the bill and that's the taxpayer.
9 ACTING PRESIDENT SPANO: Senator
10 Cook.
11 SENATOR COOK: Mr. President,
12 thank you, Senator LaValle.
13 I think your questions have been
14 very helpful and I think your comments are also
15 very helpful as you did talk about the cost
16 factor.
17 Localities are put in a very
18 difficult situation by this law because, indeed,
19 it is mandated upon them. As you probably know
20 the history, originally there was something that
21 was done through the Family Court, and that's
22 the reason why counties get involved. It was
23 originally the physically handicapped children's
7074
1 program that was a Family Court program.
2 The -- this year -- in this
3 year's budget, we made the first step toward the
4 state assuming responsibility for this program,
5 and I think that is as it should be. Certainly
6 in the interim, we're going to have to require
7 the counties to fulfill their responsibilities,
8 but, indeed, it is a heavy burden that we are
9 all aware of.
10 The fact that we have now gone
11 from a 50/50 sharing to a 60/40 state sharing
12 and that, indeed, we are looking toward a 90/10
13 state sharing is, I think, a hopeful sign and
14 I'm pleased that we're able to make the first
15 step this year to get this reimbursement issue
16 off the table so that we can again focus upon
17 the needs of these children while at the same
18 time, as Senator LaValle has indicated, being
19 sure that the providers are -- are being
20 reimbursed appropriately which means that
21 they're getting enough but that they're not
22 getting more than they should be getting out of
23 the reimbursement.
7075
1 Thank you.
2 SENATOR JOHNSON: Mr. President.
3 ACTING PRESIDENT SPANO: Senator
4 Johnson.
5 SENATOR JOHNSON: As Senator
6 LaValle had spoken, I received the same memo
7 from my county opposing this bill and, of
8 course, the Association of Counties strenulously
9 opposes it, and I feel rather reticent to speak
10 about it since Senator Cook is my friend and I'm
11 sure he thinks he's doing the right thing.
12 However, this program for the
13 zero to two years and 11 months has been put in
14 place with some cost controls and with a
15 different method of evaluation and also in which
16 -- in which the presumption isn't that you must
17 use a center-based program but that you can use
18 other -- other sources of services delivered in
19 the home. It seems to be the most effective and
20 most satisfactory to the children and the
21 families in many cases, and what this is going
22 to do is try to force these people who are
23 getting the service at a lower rate into a
7076
1 center-based program which is going to be an
2 additional cost to the counties and a negative,
3 perhaps on the child who's being served.
4 My county has no problem with
5 this. In fact, they said there are going to be
6 more services than ever at a lower cost because
7 of the regimen which is the present law, that
8 they're going to throw out. It's going to be
9 referred to the old system which is in place for
10 the preschool handicapped three to five which
11 has been seriously criticized in my county by
12 the -- by the Suffolk County Grand Jury which
13 said essentially the evaluators are part of the
14 group that gives the service and they put
15 everybody in their program whether they need
16 that level of service or not, wasting a lot of
17 money.
18 In fact, I've introduced a bill,
19 S.4410-C, to provide independent evaluators for
20 the three to five. This bill is just going to
21 push this back and make this program just as
22 expensive and cumbersome, as the present program
23 which we're trying to reform. Even the state
7077
1 Comptroller criticized the program and the
2 expenses involved. So this is going to cost our
3 county a lot of money and it's not going to
4 provide better service, perhaps poorer service.
5 I understand there's a problem in
6 Allegany County, and Chenango -- Cattaraugus
7 County, rather, and if there's a problem in that
8 county and if they want to implement this
9 program, they should be free to do it, but they
10 shouldn't force this program on the rest of the
11 state, and certainly not in Suffolk County which
12 is really spending just under zero to two-11,
13 something like $40 million. So, frankly, I
14 can't support this bill.
15 ACTING PRESIDENT SPANO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT SPANO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 55, nays 3,
23 Senators Johnson, Seward and Trunzo recorded in
7078
1 the negative.
2 ACTING PRESIDENT SPANO: The bill
3 is passed.
4 Senator Present.
5 SENATOR PRESENT: Calendar 1493.
6 ACTING PRESIDENT SPANO: The
7 Secretary will read Calendar 1493.
8 THE SECRETARY: Calendar Number
9 1493, substituted earlier today, by the Assembly
10 Committee on Rules, Assembly Bill Number
11 11481-A, an act to amend the Civil Service Law.
12 ACTING PRESIDENT SPANO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT SPANO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 57, nays 1,
20 Senator Kuhl recorded in the negative.
21 ACTING PRESIDENT SPANO: The bill
22 is passed.
23 Senator Present.
7079
1 SENATOR PRESENT: 1351.
2 ACTING PRESIDENT SPANO: The
3 Secretary will read Calendar 1351.
4 THE SECRETARY: Calendar 1351,
5 Senator Stafford moves to discharge the
6 Committee on Rules from Assembly Bill Number
7 12025-A and substitute it for the identical
8 Third Reading 1351.
9 ACTING PRESIDENT SPANO: The
10 substitution is ordered. Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT SPANO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 59.
17 ACTING PRESIDENT SPANO: The bill
18 is passed.
19 Senator Present.
20 SENATOR PRESENT: 1480.
21 ACTING PRESIDENT SPANO: The
22 Secretary will read Calendar 1480.
23 THE SECRETARY: Calendar Number
7080
1 1480, by Senator Present, Senate Bill Number
2 7117, an act to amend the County Law.
3 ACTING PRESIDENT SPANO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 SENATOR DOLLINGER: Explanation,
8 please.
9 ACTING PRESIDENT SPANO: Excuse
10 me. Senator Dollinger has asked for an
11 explanation.
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 this amends the present law provision to provide
15 for the support of cooperative extension
16 programs within the counties.
17 SENATOR DOLLINGER: Mr.
18 President, just if I might understand this, if
19 Senator Present would yield to one question.
20 SENATOR PRESENT: Sure.
21 ACTING PRESIDENT SPANO: Senator
22 Present yields.
23 SENATOR DOLLINGER: Is this the
7081
1 equivalent, Senator, of a maintenance of effort
2 for counties with respect to their Cooperative
3 Extension programs?
4 SENATOR PRESENT: Yes, it's based
5 upon the amount of contribution each county has
6 contributed within their county for that
7 program.
8 SENATOR DOLLINGER: But as I
9 understand it, again through you, Mr. President,
10 they must maintain a certain level of funding in
11 order to qualify for state funding.
12 SENATOR PRESENT: Right.
13 SENATOR DOLLINGER: Okay. Mr.
14 President, I have had discussions with the
15 Monroe County Executive through my staff and
16 he's opposed to the notion, but Cooperative
17 Extension is one of those areas where counties,
18 because of the fiscal difficulties that they
19 face, have had to reduce their costs. That's
20 one of the areas that Monroe County has looked
21 to and this would void the election by Monroe
22 County to reduce its costs in Cooperative
23 Extension.
7082
1 SENATOR PRESENT: No, it would
2 not. There's a save harmless provision so they
3 would not lose, others may gain based upon their
4 past three years' contributions.
5 SENATOR DOLLINGER: Okay. Well,
6 I think to be -- my concern for Monroe County is
7 based through the County Executive, as a former
8 member of the state Assembly. I'm going to vote
9 no on this basis, because it's his fear, at
10 least as he reads the bill, that it will
11 adversely impact his ability to work with cost
12 containment in the Cooperative Extension area.
13 Thank you.
14 ACTING PRESIDENT SPANO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT SPANO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 56, nays 3,
22 Senators Dollinger, Jones and LaValle recorded
23 in the negative.
7083
1 ACTING PRESIDENT SPANO: The bill
2 is -
3 THE SECRETARY: (Cont'g) Also,
4 Senator Gold recorded in the negative.
5 ACTING PRESIDENT SPANO: The bill
6 is passed.
7 Senator Present.
8 SENATOR PRESENT: Mr. President,
9 can we return to reports of standing
10 committees?
11 ACTING PRESIDENT SPANO: The
12 Secretary will read.
13 THE SECRETARY: Senator Marino,
14 from the Committee on Rules, reports the
15 following bills directly for third reading:
16 Senate Bill Number 1076, by
17 Senator Onorato, an act to amend the Family
18 Court Act;
19 1715-A, by Senator Montgomery,
20 city of New York to reconvey its interest in
21 certain real property;
22 4301-A, by Senator Volker, Civil
23 Practice Law and Rules;
7084
1 5838, by Senator Padavan, General
2 Municipal Law;
3 6002-C, by Senator Espada,
4 Education Law;
5 6026-B, by Senator Marchi,
6 Navigation Law;
7 6341-A by Senator Nolan, City
8 Charter of the city of Cohoes;
9 6402, by Senator Velella, an act
10 to amend the judiciary law;
11 6417, by Senator Maltese, Vehicle
12 and Traffic Law;
13 6471, budget bill, New York State
14 Medical Care Facilities Finance Agency act;
15 6588, by Senator Maltese, Vehicle
16 and Traffic Law;
17 7014, by Senator Present, General
18 Municipal Law;
19 67284-A, by Senator Rath, town of
20 Batavia to establish a development facilitation
21 improvement district;
22 7680-A, by Senator Larkin, Real
23 Property Tax Law;
7085
1 7869-A, by Senator DeFrancisco,
2 an act to amend the Public Health Law;
3 7965, by the Committee on Rules,
4 an act to amend the Tax Law;
5 7988, by Senator Pataki, Criminal
6 Procedure Law;
7 8150-A, by Senator Kuhl, Private
8 Housing Finance Law;
9 8269-A, by Senator DeFrancisco,
10 Correction Law;
11 8297-A, by Senator Sears, County
12 Law;
13 8326, by Senator Trunzo, section
14 177(b) of the Retirement and Social Security
15 Law;
16 8394-A, by Senator Tully, Public
17 Health Law -- excuse me, 8394-B, by Senator
18 Tully, an act to amend the Public Health Law;
19 8409, by Senator DiCarlo, Vehicle
20 and Traffic Law;
21 8488, by Senator Nozzolio, Public
22 Authorities Law;
23 8543, by Senator Johnson, New
7086
1 York State Medical Care Facilities Finance
2 Agency act;
3 8564, by Senator Marchi, city of
4 New York to reconvey its interest in certain
5 real property;
6 8717, by Senator Saland, Chapter
7 524 of the Laws of 1987;
8 8815, by Senator Cook, Chapter
9 737 of the Laws of 1989;
10 8816, by Senator LaValle,
11 Education Law;
12 8821, by Senator Volker, an act
13 to amend the Education Law;
14 8822, by the Committee on Rules,
15 State Finance Law;
16 8823, by Senator Padavan,
17 Education Law;
18 8829, by Senator Skelos,
19 Education Law;
20 8854, by Senator LaValle,
21 Education Law;
22 8861, budget bill, Chapter 53 of
23 the laws of 1994;
7087
1 5521-A, by Senator Connor, city
2 of New York to reconvey its interest in certain
3 real property;
4 And 5021-C, by Senator Tully, an
5 act to amend the Public Health Law.
6 All bills reported directly for
7 third reading.
8 ACTING PRESIDENT SPANO: Without
9 objection, third reading.
10 Senator Present.
11 SENATOR PRESENT: Return to
12 motions and resolutions, and recognize Senator
13 Libous.
14 ACTING PRESIDENT SPANO: Okay.
15 Go back to motions and resolutions.
16 Senator Libous.
17 SENATOR LIBOUS: Thank you, Mr.
18 President. On behalf of Senator Trunzo, on page
19 47, I offer the following amendments to Calendar
20 Number 1279, Senate Print 8009, and ask that
21 said bill retain its place on the Third Reading
22 Calendar.
23 ACTING PRESIDENT SPANO: So
7088
1 ordered.
2 Senator Present.
3 SENATOR PRESENT: Mr. President.
4 Can we please stand at ease for a few moments to
5 catch up.
6 ACTING PRESIDENT SPANO: Senate
7 will stand at east.
8 (Whereupon, at 4:45 p.m., the
9 Senate was at ease.
10 (Whereupon, at 5:06 p.m., the
11 Senate reconvened.)
12 ACTING PRESIDENT SPANO: Senate
13 will come to order.
14 Senator Present.
15 SENATOR PRESENT: Take up
16 Calendar 1530.
17 ACTING PRESIDENT SPANO:
18 Secretary will read.
19 Can we please get some order in
20 the chamber.
21 Senator Present.
22 SENATOR PRESENT: Mr. President.
23 I understand we need a message on that. So
7089
1 we'll lay it aside.
2 ACTING PRESIDENT SPANO: Lay
3 aside 1530.
4 SENATOR PRESENT: How about 1485.
5 ACTING PRESIDENT SPANO:
6 Secretary will read Calendar 1485.
7 SENATOR GALIBER: Explanation.
8 THE SECRETARY: Calendar Number
9 1485, by Senator Marino, Senate Bill Number
10 7245, proposing an amendment to the
11 Constitution.
12 ACTING PRESIDENT SPANO: Senator
13 Stafford for an explanation.
14 May we please have some order in
15 the chamber.
16 SENATOR STAFFORD: Mr.
17 President. Due to the importance and the
18 complexity and the effect of this resolution, I
19 am going to read from my notes, which I very
20 seldom do, because usually that's the way to
21 lose everyone's attention. I will try not to.
22 But, Mr. President, this is a
23 resolution, concurrent resolution, which would
7090
1 result if other steps were followed in the
2 amendment to our Constitution, and we feel would
3 bring some fiscal stability to our state.
4 There is no question that it
5 would be a challenge. It will be a challenge
6 for us. But I think the people are asking us to
7 meet this challenge.
8 This resolution would enact a
9 constitutional amendment prohibiting the
10 submission of any appropriation bill and
11 prohibiting the Legislature from acting upon
12 such appropriation bill which authorizes total
13 state spending for any fiscal year in excess of
14 the State's spending limitation as defined
15 below.
16 And I will now explain what the
17 state spending limitation means.
18 The term "State spending
19 limitation" means the maximum amount of total
20 spending permitted for each fiscal year and
21 derived from multiplying state personal income
22 for the base year by 9 percent.
23 Now, in the event there are
7091
1 emergencies as established, appropriation bills
2 may be enacted which do exceed this limitation
3 as described above.
4 The bill also appeals provisions
5 of present law which establish a fund to aid in
6 the stabilization of tax revenues and enacts new
7 provisions relating to these matters.
8 As I say, Mr. President, we have
9 had this type of matter before us a number of
10 times, a number of my friends here have
11 sponsored legislation, sponsored resolutions,
12 and we submit this for passage and do urge its
13 passage.
14 ACTING PRESIDENT SPANO: Senator
15 Galiber.
16 SENATOR GALIBER: Senator, we
17 have obviously had this kind of legislation for
18 over a number of years, and usually it happens
19 that it passes this house and doesn't get much
20 further.
21 Perhaps some of the reasons for
22 that is this big question of tax expenditures.
23 This becomes a very crucial factor, and some on
7092
1 the one hand say we should include it. Others
2 say we should not include it. It's almost, as
3 my counsel has indicated, paradoxical. How can
4 we include a cap without including tax
5 expenditures. Is it possible to do so when
6 there is billions and billions of dollars
7 involved, first of off?
8 Second of all, we have attempted
9 through the years to do away with back-door
10 spending. We have been successful in setting up
11 procedures where we can -- not have to go out
12 into the marketplace and borrow the monies that
13 we talk about -- tax credits, and those who are
14 in a position as I mentioned the other day or
15 last night late, perhaps in the category of some
16 form of subsidies.
17 But however we deal with it,
18 these tax expenditures must of necessity be
19 taken into some formula, some sort of way. And
20 if you ask me do I have a suggestion, the answer
21 is no, I do not. But, certainly, if we want to
22 pass a Constitution -- lock this spending cap
23 into the Constitution, which I think basically
7093
1 some form we are all hopeful will pass some
2 day.
3 We had an appropriation this
4 year. I think the Governor talked about $62
5 billion as a proposed budget. We wind up with a
6 billion-point- over that. Was it 64? -- 63.6.
7 So, Senator, perhaps you can help
8 us out. And I, too, have a memo here, which
9 Senator Goodman, who is a fiscal expert in my
10 judgment -- and if you just ask him, he
11 certainly will tell you so. He indicates that
12 the tax expenditure reporting office will "give
13 us a better understanding of the true nature of
14 government spending by reporting on tax credits,
15 deductions and the like, as if they were items
16 of direct expenditure." He goes on to say,
17 "After all, giving someone a tax break is
18 tantamount to giving them a check from the state
19 treasury." And this is according to Senator
20 Goodman, author of the Tax Expenditure Reporting
21 Bill.
22 "Spending caps are aimed at
23 limiting the size and growth in government
7094
1 spending. They operate by employing a formula
2 determining the maximum level of government
3 spending," as you have pointed out.
4 "Tax expenditures under a
5 spending cap. What is the appropriation to
6 cover that particular area?" And we go on.
7 So there is this kind of mix; and
8 how can we ask to lock into the Constitution a
9 spending gap, and yet not being able to solve -
10 that's what it means to me and to you also I
11 imagine -- but to solve this notion of tax
12 expenditures.
13 How can we accomplish this,
14 Senator, when on the one hand we say it's not
15 appropriate to include tax expenditures as a
16 class of expenditures from a spending gap
17 definition? They must be included. And then on
18 the other hand it does not make sense to include
19 tax expenditures under a spending gap. It says
20 "It renders a spending gap meaningless and
21 paradoxical."
22 An example, just recently in our
23 good judgment, we're going to eliminate the tax
7095
1 on hotel rooms. How do we now classify that
2 after we repeal it, as of August I believe? Do
3 we now put it in the old category? New
4 category? How do we deal with that?
5 It's my understanding that a year
6 or so ago we had a parking -- is it a parking
7 tax that we had? -- in the City of New York, I
8 believe -- in the state. And as we dealt with
9 that, we went back. This was 1992 or '3 and
10 then we took it for the record purposes back to
11 1990. So we have this crazy mix, and I can't
12 imagine how we can resolve it.
13 Perhaps, collectively, we can do
14 something about it, but we have to either put
15 that amount of money in, include it or exclude
16 it, or in some way recognize that we're dealing
17 with billions and billions of dollars and that
18 it would possibly encourage, I would imagine,
19 some back-door spending which we're trying to
20 abolish and we're headed in that right
21 direction.
22 Senator, I don't know the
23 answer. Most of the times when we criticize, we
7096
1 have an alternative. I don't have an
2 alternative very candidly, and these are merely
3 observations that I point out to you, and I'm
4 sure your staff has pointed out to you, and we
5 all would like very much to resolve and say to
6 government enough is enough is enough.
7 And there was a process set up
8 where if you exceed the gap, even with your
9 formula which sounds good, the variables that I
10 have mentioned must of necessity come into play
11 if we are to sincerely deal with this very
12 difficult problem.
13 ACTING PRESIDENT SPANO: Read the
14 last -
15 SENATOR GALIBER: There were -
16 ACTING PRESIDENT SPANO: Senator
17 Galiber.
18 SENATOR GALIBER: There were
19 built into my explanation some questions, and
20 perhaps you'll recognize some of my concerns,
21 and perhaps, Senator, you or staff could
22 possibly address if it's no more than the recent
23 hotel tax or if it's a question of the parking
7097
1 tax sometime ago or the tax expenditures with
2 all the exceptions that we make, that amount of
3 money, whether it should or should not be
4 included and the spending gap that we want to
5 lock into the Constitution. How do we inter
6 mingle or comingle -- intermingle, I guess, this
7 notion of the expenditures and the cap and some
8 of the ordinary financing that you are trying to
9 put this cap on?
10 SENATOR STAFFORD: As always, I
11 think that my colleague in the Minority has been
12 extremely articulate and raises, no question,
13 some very, very valid concerns.
14 I'm going to be much too simple
15 here in my explanation, because it's very easy
16 for me to be simple.
17 In this resolution, we are
18 talking about spending. We are not talking
19 about revenues. Now, granted, obviously we have
20 to review our revenues. We have to know where
21 we are. But we would be hopeful if we can
22 follow the discipline that is suggested here, we
23 will have surpluses rather than considering
7098
1 whether we have an increased revenue or
2 decreased revenue when we do away with a tax.
3 And obviously it's a decreased revenue.
4 I think for too long -- and I'm
5 pointing at all of us, we have been looking at
6 the revenues and then deciding how we were going
7 to spend them, rather than having a limitation
8 on what we are going to spend each year, and I
9 think we have to do this, because if we don't,
10 we'll always find a place where we can spend the
11 dollar. If it is a limitation, we just simply
12 can not spend it, and I think that is the
13 direction we should go.
14 I do not mean to just give short
15 shrift to what Senator Galiber said because he,
16 of course, really was talking about the science
17 of public finance. Obviously, we have to
18 consider our revenues and we have to be careful
19 in our expenditures. But this item here today
20 is putting a real harness on us. And, no, it is
21 not talking about revenues. It is talking about
22 spending expenditures. And there is a solid,
23 explicit, easily ascertainable, limit on what we
7099
1 can spend each year, and that's what we're
2 attempting to do.
3 SENATOR GALIBER: Senator yield
4 for a question.
5 SENATOR STAFFORD: Sure.
6 ACTING PRESIDENT SPANO: Senator
7 Galiber.
8 SENATOR GALIBER: I'll try to be
9 simpler than you.
10 ACTING PRESIDENT SPANO: Would
11 you like Senator Stafford to yield Senator
12 Galiber.
13 SENATOR GALIBER: Yes, if you
14 don't mind.
15 ACTING PRESIDENT SPANO: We'd
16 like to include the chair in the process here a
17 little bit.
18 SENATOR GALIBER: All right. Mr.
19 President. Would you be kind enough to make an
20 inquiry for me as to whether or not Senator
21 Stafford who is the chairman of the Finance
22 Committee would yield to a question.
23 ACTING PRESIDENT SPANO: Senator
7100
1 Stafford.
2 SENATOR STAFFORD: As always.
3 ACTING PRESIDENT SPANO: Do you
4 continue to yield?
5 SENATOR STAFFORD: By all means.
6 SENATOR GALIBER: Senator, isn't
7 tax expenditures really a spending process?
8 Isn't that really spending?
9 SENATOR STAFFORD: Well, I
10 hear -- Mr. President. I hear exactly what you
11 are saying, and I think we have to certainly
12 establish, and you have done it very well, that
13 if we're going to have anything to spend we have
14 to have some revenues, and that's certainly
15 understood, and I certainly agree with you and
16 agree that we certainly have to review our
17 refuses.
18 But this here -
19 SENATOR GALIBER: Senator.
20 SENATOR STAFFORD: But this here
21 -- but this here is simply saying not mention
22 ing revenues at all. This is a limitation that
23 you can increase. And, hopefully, we would have
7101
1 some surpluses, and then we would not have to
2 even consider some of the things that we, of
3 course, are no longer going to be doing.
4 SENATOR GALIBER: Will Senator
5 yield for another question.
6 SENATOR STAFFORD: Sure.
7 ACTING PRESIDENT SPANO: Senator
8 Stafford yields.
9 SENATOR GALIBER: Senator, I
10 again have a memo here. I don't want to throw
11 questions, when I have part of the answer, at
12 you. But it suggests, "A spending gap would
13 promote unsound fiscal practices. A gap with
14 loopholes" -- and perhaps you don't agree with
15 me -- "A gap with loopholes would only change
16 the method of spending and not the level," which
17 we are both trying to accomplish. And there are
18 loopholes galore in terms of this cap that you
19 make reference to.
20 "A spending cap is only
21 effective if it restricts actions which those
22 affected would otherwise pursue. Since the
23 desire to spend is already presumed, the cap
7102
1 with loopholes," that I mentioned before, "would
2 only change the method of spending and not the
3 level."
4 Would you agree?
5 SENATOR STAFFORD: No. I hear
6 what you're saying, but, no, I don't agree.
7 SENATOR GALIBER: Okay. Did
8 you -- Mr. President.
9 (There was no response.)
10 Mr. President.
11 ACTING PRESIDENT SPANO: Senator
12 Galiber.
13 SENATOR GALIBER: Will the
14 Senator yield for a question?
15 ACTING PRESIDENT SPANO: Senator
16 Stafford, do you yield?
17 SENATOR GALIBER: There is some
18 concern about the spending gaps really
19 undermining the political process. "Spending
20 gap proposals have the appearance of promoting
21 good government and fiscal discipline but in
22 practice, they may have the opposite effect. It
23 is the responsibility of the elected
7103
1 representatives to weigh the demands, desires
2 and needs of their constituency of government
3 service against their ability to pay for such
4 services."
5 SENATOR STAFFORD: Well -
6 SENATOR GALIBER: We have the
7 experience just with -- we woke up one morning
8 after this proposed $62 billion, and someone
9 leaked it out that we had a surplus, and the
10 Comptroller in his judgment put a stamp on it
11 and said, "Yes, we do have a $1.5 billion."
12 And what troubled me, as this new
13 position that I have and I often mention it, is
14 that we went about the business of finding out
15 how we could best spend that billion dollars,
16 and we made a number of those spending processes
17 which helped our communities, especially in the
18 area of education, and a number of other places
19 that you are familiar with.
20 So, Senator, I reiterate,
21 notwithstanding your excellent explanation and
22 our mutual desire to make a change that front
23 loading is a factor that we should consider.
7104
1 Tax exemptions, this is government spending that
2 does not appear in the budget because it's part
3 of an already institutional tax system. How do
4 we deal with that? I say it over and over
5 again.
6 "Earmarking. Certain earmarked
7 and dedicated funds are exempt from the cap.
8 Spending cap requirements could promote
9 marriages of convenience between otherwise
10 unrelated tax expenditures, tampering, if you
11 will with the retirement systems, short
12 circuiting audit transfers," and we go on, and
13 these are merely scratching the surface, if you
14 will, of the concernes that we have and you have
15 also.
16 Privatization, uncontrollable or
17 mandated expenses, all these factors have to of
18 necessity be played into the formula. And I go
19 back to the basics; and that is, these are
20 perhaps some of the loopholes that we make
21 reference to. And if we don't close these
22 loopholes up, then we can't accomplish what you
23 and I both want and that is to put some guards,
7105
1 if you will, on state spending.
2 This is not the way to do it,
3 especially locking it into a constitution. And
4 I know if we do not honestly at some point in
5 time -- too late this year -- certainly next
6 year, but collectively working in terms of
7 solving or attempting to solve a system that has
8 not held the State of New York in good stead.
9 Our spending habits are
10 horrible. No question about it. But this isn't
11 the way we should do it. It's only going to be
12 a one-house bill and merely because we have not
13 had the capacity to get together and talk out
14 and try to find a reasonable approach to a
15 mutual problem that we both recognize.
16 SENATOR GOLD: Mr. President.
17 ACTING PRESIDENT SPANO: Read the
18 last section.
19 SENATOR GOLD: Mr. President.
20 ACTING PRESIDENT SPANO: I'm
21 sorry. Senator Gold.
22 SENATOR GOLD: Will Senator
23 Stafford yield, please?
7106
1 SENATOR STAFFORD: Sure.
2 SENATOR GOLD: Senator Stafford,
3 is there anything in this proposal that would
4 affect the legislative process after the
5 enactment of the budget in terms of increasing
6 or making additions to the budget.
7 SENATOR STAFFORD: Well, yes. Of
8 course, we couldn't really enact appropriations
9 bills that went in excess of the limitation.
10 SENATOR GOLD: So, in other
11 words, if the Senator will yield to a question
12 -
13 SENATOR STAFFORD: Sure.
14 SENATOR GOLD: -- if your
15 proposal is the law, we will have a budget
16 process, we will have our limitations, and then
17 that will be it for the year, is that correct,
18 as far as spending?
19 SENATOR STAFFORD: Well, there
20 could be as, you will know, emergencies. They
21 certainly could be considered.
22 SENATOR GOLD: All right. Well,
23 Senator, if you'll yield to another question.
7107
1 Will you take a look at Calendar Number 1473 on
2 today's calendar. It's by Senator Levy, and
3 according to the sponsor's memo, this is almost
4 a billion dollars over a period of time, but in
5 this fiscal year it's $266 million.
6 Senator, will you tell me before
7 we vote on this bill later today is that
8 $266 million in our budget plan.
9 SENATOR STAFFORD: What -
10 SENATOR GOLD: 1473.
11 SENATOR STAFFORD: It's in the
12 transportation money. Yes, I certainly would
13 assume that it is in the plan.
14 SENATOR GOLD: Mr. President.
15 (There was no response.)
16 Mr. President.
17 SENATOR STAFFORD: Let me answer.
18 SENATOR GOLD: I want you to
19 answer. I want to hear it.
20 SENATOR STAFFORD: Let me answer.
21 SENATOR GOLD: Point of order,
22 Mr. President.
23 Senator, please don't bully me.
7108
1 Mr. President. My understanding
2 is, in this chamber, we talk through the chair.
3 Senator Stafford wants to be polite to me so he
4 is facing me, but it makes it harder for me to
5 hear him. So I will not consider it impolite if
6 he looks at you and speaks into the microphone,
7 because I certainly want to hear the answer.
8 Thank you.
9 SENATOR STAFFORD: I have been
10 here a long time. I have no problem talking.
11 SENATOR GOLD: I don't have
12 trouble hearing either, Senator, but I like to
13 hear the answers.
14 SENATOR STAFFORD: Would you
15 state your question again?
16 SENATOR GOLD: I would be more
17 than happy to, sir.
18 There is a bill on this calendar,
19 Senator Levy's bill, Calendar Number 1473.
20 Senator Stafford, we have completed a budget for
21 this year. This bill would cost $266 million
22 this year. I want to know, if your proposal was
23 the law, number 1, could we do the Levy bill,
7109
1 and, number 2, doing the Levy bill even without
2 your proposal, is that $266 million in our
3 budget or it's not in our budget?
4 SENATOR STAFFORD: Well, I would
5 share with you that I'm glad you asked me the
6 question, because it gives me an opportunity to
7 again emphasize what this resolution does. I
8 have tried to explain it earlier. Obviously, if
9 there is any spending that would go beyond the
10 cap that would result from this resolution, it
11 could not be spent.
12 SENATOR GOLD: Will Senator yield
13 to a question?
14 ACTING PRESIDENT SPANO: Senator
15 Stafford continues to yield.
16 SENATOR STAFFORD: By all means.
17 SENATOR GOLD: Senator Stafford,
18 under existing law, without the amendment that
19 you are proposing, is there any gun to the head
20 of anybody in the Republican Party that forces
21 them to put legislation through that would
22 exceed what your cap would be?
23 I mean isn't it a fact that
7110
1 Senator Levy doesn't have to put this through
2 even without their being a cap?
3 And are you telling us that
4 unless we put in a cap and tie your hands that
5 the Republican Party is so irresponsible that it
6 can't control itself?
7 SENATOR STAFFORD: Well, first I
8 would like to help you with your question. I'm
9 sure you didn't want to use gun, because none of
10 us would point a gun at one another.
11 SENATOR GOLD: That's a good
12 diversion but -
13 SENATOR STAFFORD: I'm sure you
14 wouldn't do that, because that just isn't, you
15 know, good for any of us. If you're saying are
16 there pressures, you know, to spend funds,
17 there's pressures on all of us. On the other
18 hand, as I go back to what we've said earlier,
19 no money would be spent if it went above this
20 cap that we were suggesting.
21 SENATOR GOLD: Thank you.
22 Mr. President on the bill. On
23 the bill, Mr. President.
7111
1 ACTING PRESIDENT SPANO: Senator
2 Gold on the bill.
3 SENATOR GOLD: Thank you.
4 Senator Stafford, you are a
5 gentleman, and I'm sorry I asked you these
6 questions. But on the other hand, I admire the
7 fact that you don't want to answer them because
8 you are a truthful man, and I don't think you
9 want to lie under any circumstances, and there
10 is no way you can justify what's going on here
11 without saying things that would be very
12 embarrassing.
13 The Republican Party in this
14 house is absolutely two-faced when it comes to
15 the handling of financial matters. You are
16 irresponsible, and it's about time that we at
17 least told the truth out in the public.
18 We went through this earlier this
19 year. You run away from the fact that it is you
20 -- you -- that provides 31 votes every year and
21 you say it proudly for five billion in new
22 taxes.
23 Now, you've got on the same
7112
1 calendar -- I mean how do you have the -
2 A VOICE: Chutzpah.
3 SENATOR GOLD: -- chutzpah?
4 Thank you. I won't use the B word. How do you
5 have the nerve to put our calendars that on the
6 one hand tell people that we've got to cap
7 spending -- we've got to do this. We've got to
8 cap the spending. And on the same calendar, you
9 have expansions of an existing budget that was
10 negotiated by everybody around here. And then
11 you say, "Well, yeah, sure, but what the heck.
12 It's an election year. Let's put in this
13 program $266 million, and the money isn't
14 there. It's not bothering Norman Levy. It's
15 not bothering any of you.
16 There's another calendar here
17 1480. Well, this one is only $900,000 that's
18 not in the budget. And we go back to Senator
19 Seward's program. That was only about another
20 200,000 not in the budget.
21 And this is nonsense. You don't
22 need a cap. You don't need a constitutional
23 amendment to tell you not to do the things that
7113
1 you are doing. Don't do them. That's all. You
2 are in the Majority in this house. If you don't
3 want to do it, don't do it.
4 You don't want to a -- my God, do
5 you mean to tell me we had to spend 60 days in
6 Albany, past the designated budget time for you
7 to be forced into a budget process in a final
8 budget you didn't like? And that budget was at
9 least about a billion dollars more than the
10 Governor said you should spend? You know, it
11 really is ridiculous.
12 I made a comment earlier today to
13 a few of my distinguished colleagues in the
14 Republican Party, and I want to put it in the
15 record out here now.
16 You run this place. First of
17 all, I said don't tell me at any point during
18 the day that you don't want -- you know, some of
19 our members are overdebating. You blew ten
20 hours yesterday where we could have been
21 debating. I've never spent a night in this
22 place until 5:30 in the morning and get nothing
23 done. I've been here when we've done rules
7114
1 reports, bills. So that's one thing.
2 The second thing is don't tell us
3 you want to get out of here and you are serious
4 about getting out of here and we're holding you
5 back when you put out these ridiculous proposals
6 that fly in the face of everything you do. If
7 you want religion, read your own Bible but don't
8 preach to us.
9 It is not a Gold bill. It is a
10 Levy bill. It is not a Galiber bill. It is a
11 Seward bill. Don't blame Dollinger. Don't
12 blame Jones. It is you. You are spending this
13 money. You are the one that's putting out
14 bills, and thank God some of these are one-house
15 bills. Thank God you have Democrats in the
16 other house who scoff at what you are doing, and
17 you ought to cut it out.
18 I will take a proposal seriously
19 that talks about funding caps when I see you
20 doing that and living that while you've got the
21 power. Who are you trying to regulate? We get
22 bills out here that tell people what to do. We
23 sit back and say, well, when you drive a car you
7115
1 got to do this; and when you go to school, you
2 got to do that. Well, this bill affects us. We
3 don't need a law to tell us what to do. All we
4 have to do is do it.
5 All we have to do is do it. And
6 I think we ought to stop the absolute hypocrisy
7 that arises every year around this time every
8 two years around this time, where we get
9 lectures in fiscal conservatism by the biggest
10 bunch of spenders in the history of this state,
11 the New York State Senate Republicans.
12 ACTING PRESIDENT SPANO: Senator
13 Dollinger.
14 SENATOR DOLLINGER: Mr.
15 President. I rise -
16 ACTING PRESIDENT SPANO: Excuse
17 me, Senator Dollinger.
18 Senator Levy.
19 SENATOR LEVY: Can I just make an
20 announcement.
21 SENATOR DOLLINGER: Absolutely,
22 Senator.
23 SENATOR LEVY: Sorry. Thank you
7116
1 very much, Senator.
2 There is going to be another
3 meeting of the Transportation Committee. I know
4 my committee and other committees are
5 considering nominations as they come up from the
6 second floor, and we have three nominees that
7 are present: One from Dutchess County for the
8 MTA, one for the Transportation Safety Board,
9 and one for the New York State Bridge
10 Authority. And we're going have a meeting of
11 transportation now, and Senator Oppenheimer was
12 advised of it.
13 SENATOR DOLLINGER: Thank you.
14 ACTING PRESIDENT SPANO:
15 Immediate meeting, Transportation Committee, in
16 Room 124.
17 SENATOR DOLLINGER: Mr.
18 President. I yield the floor to Senator Waldon.
19 ACTING PRESIDENT SPANO: Senator
20 Waldon.
21 SENATOR WALDON: Thank you very
22 much, Mr. President.
23 ACTING PRESIDENT SPANO: Excuse
7117
1 me. Senator Gold, why do you rise.
2 (There was no response.)
3 SENATOR WALDON: I really don't
4 know the format of what I'm about to do, having
5 not looked it up in the rules; but when Senator
6 Levy just said that they were considering some
7 nominees from the Transportation Committee, I
8 was reminded of a news article I read today, and
9 I would like to put into the record my thoughts
10 on that news article. And I ask is that
11 appropriate at this moment?
12 ACTING PRESIDENT SPANO: Without
13 objection, Senator Waldon.
14 SENATOR WALDON: Thank you very
15 much, Mr. President.
16 Martin Luther King said there
17 comes a time when a moral man can't obey a law
18 which his conscience tells him is unjust. There
19 are those individuals in every age and every
20 generation who were willing to say I will be
21 obedient to a higher law. It is important to
22 see that there are times when a man-made law is
23 out of harmony with the moral law of the
7118
1 universe.
2 And I'm not going to speak to you
3 so briefly about a law but about something which
4 in my opinion is out of harmony with the
5 universe, especially the universe of African
6 American people.
7 Our ancestors were torn from
8 their African homeland, from their gods, from
9 their proud way of life to suffer unspeakable
10 pain and indignity as the black gold of the
11 white man in the slave trade; and, yet, in this
12 country, we have contributed in countless ways.
13 1. The city of Washington, D.C.,
14 is laid out in the way that it is because of the
15 genius of Benjamin Banneker.
16 2. During the Civil War, 24
17 Congressional Medals of Honor were awarded to
18 African-American soldiers for their bravery
19 during that war which allowed this nation to
20 remain a nation.
21 Martin Luther King challenged not
22 only this nation but the whole world in terms of
23 his nonviolent movement to bring about peace,
7119
1 equity, and freedom for all Americans not just
2 African-Americans.
3 Despite all we have given to
4 America, America has often been very unkind.
5 ACTING PRESIDENT SPANO: Excuse
6 me. Will you suffer an interruption, Senator
7 Waldon. We do have a resolution before us in
8 the house.
9 SENATOR WALDON: I have about ten
10 more sentences, Mr. President.
11 ACTING PRESIDENT SPANO: Okay.
12 SENATOR WALDON: This is very
13 important to me and to my people.
14 SENATOR GOLD: Thank you.
15 SENATOR WALDON: Hollywood, for
16 all too long, portrayed us as a slow, ignorant,
17 childlike singing, dancing, watermelon-eating
18 baffoon, and we fought these stereotypes begun
19 in on the '20s and still must fight these
20 stereotypes today.
21 I read in the paper today that
22 John Dyson in an interview regarding hiring a
23 minority firm versus a majority firm stated to
7120
1 Comptroller Alan Hevesi that we ought to know a
2 bid from a watermelon. John Dyson's statement
3 is reprehensible. It is unacceptable. It is
4 insensitive to, at the very least, more than 50
5 percent of the people of New York City. He
6 should resign.
7 He should resign. If he doesn't
8 resign, Mayor Giuliani should fire him. He
9 should be fired. This is racist behavior. It
10 is absolutely racist behavior.
11 The people that I represent,
12 black and white, Jew and gentile, find it
13 unacceptable. But more importantly than those
14 people, the heritage of African-American people
15 in the city and in the state and in this nation
16 find such an act in 1994 reprehensible.
17 And what happens when one of the
18 highest leaders of government in the city can
19 act out in this way? What happens to some
20 demented person on the street who then takes the
21 signal from the leadership that it's already to
22 treat those people that way? Will we have
23 another Rodney King situation in the City of New
7121
1 York as it was in California?
2 All I can say is that this angers
3 me to no end. I appreciate this opportunity to
4 speak on it, but I hope that this Mayor will
5 insure that he truly represents all of the
6 people of the City of New York by taking the
7 appropriate action, which is to fire John Dyson,
8 and to insure that the tone of his statements
9 are no longer allowed to be a part of his
10 administration.
11 Millions of African-Americans in
12 this state now await the Mayor's action.
13 Thank you very much, Mr.
14 President. Thank you, my colleagues. Thank
15 you, Senator Present.
16 ACTING PRESIDENT SPANO: Senator
17 Gold.
18 SENATOR GOLD: Not on that
19 subject, but Senator Levy mentioned something
20 about nominations, and I heard something and I
21 just want to clear the record on something.
22 There was an agenda, I believe, prepared for the
23 Finance Committee which had on it certain
7122
1 members of the CUNY Board. I have heard some
2 rumors that in some way either I or some other
3 people are involved with holding back those
4 nominations. I just want the record absolutely
5 clear that from my point of view I'm waiting for
6 the meeting. I'd love for there to be a
7 meeting. I'd love for those nominees to come to
8 the floor, and it is not my little fingers that
9 are holding back that nomination.
10 Thank you.
11 ACTING PRESIDENT SPANO: On the
12 resolution. Senator Jones.
13 SENATOR JONES: Are we on the
14 bill again?
15 ACTING PRESIDENT SPANO: We are
16 on Calendar Number 1485.
17 SENATOR JONES: Okay. I would
18 just like to speak on the bill, and I'm going to
19 have to take exception with Senator Gold as much
20 as I like him. He's wrong. Obviously this body
21 is not able to control their spending. You have
22 convinced me in just the two years that I've
23 been here. It's obviously not possible.
7123
1 He's absolutely correct. We
2 spent -- I can't begin -- at least more than 500
3 million beyond what the Governor wanted, and I
4 wish I had had a little calculator just sitting
5 here this week because I have no doubt in my
6 mind we've spent the entire next year's budget
7 and probably a little bit extra, and we haven't
8 even finished what is on here today.
9 So I'm sorry, Senator Gold, but I
10 have to say that you're wrong. It is obvious to
11 me that we aren't capable of doing this. So
12 thank God we have this bill here today that is
13 going to put a cap on spending and keep this
14 body under control, because it's clear to me we
15 need that.
16 I certainly support it.
17 ACTING PRESIDENT SPANO: Senator
18 Dollinger.
19 SENATOR DOLLINGER: Mr.
20 President. My colleague from Monroe County has
21 sort of given this body a sense of perhaps how
22 we in Monroe County feel about the question of
23 being told that we just can't say no.
7124
1 I hear all this rhetoric in this
2 country about saying no to sex and saying no to
3 drugs and all these harmful behaviors that we
4 should avoid as a society, and yet I look across
5 the aisle and find that it appears as though
6 there is a group over there that just can't no
7 to spending.
8 My colleague properly points out
9 that the State Legislature has added spending on
10 top of the Governor's spending. We just seem to
11 get this greater and greater spending and
12 spending and spending.
13 And then -- I know my colleague
14 from Monroe County didn't share this, but I had
15 a conversation last night with a fly in my hotel
16 out there. And you wonder, what am I, talking
17 to a fly? Well, this fly related to me they
18 were the fly on the wall in the Majority
19 conference room. And, sure enough, do you know
20 what the fly said? The fly said, "Here we are.
21 We're getting toward the end of session. We're
22 spending all this money," as Senator Gold points
23 out. We're spending hundreds of millions more
7125
1 this week, potentially, by increasing the cost
2 to local government. That little fly on the
3 wall spoke up -- apparently, overheard in the
4 Majority conference room someone say, "Gosh,
5 it's getting near the end of session. What
6 about the spending cap bill? That's what we
7 need. We need the spending cap bill to be put
8 back on the floor so that we can reclaim the
9 title as the fiscal conservatives who are
10 protecting us from this terrible urge to spend
11 money, so that we will restrain ourselves and
12 handcuff ourselves in the future, so that we
13 will be able to say, "No," because the people
14 will tell us that we can't say yes."
15 It seems to me that the little
16 fly on the wall is correct. This is really
17 political feeder. This is political feeder to
18 create the impression that this body is prepared
19 to have a spending cap; whereas, every single
20 action we have taken since I came here suggests
21 that we are not.
22 I would simply point out I think
23 Senator Jones and I are the only members of this
7126
1 body who are not running for statewide office
2 who said "No" the last two years when spending
3 came up in the state budget.
4 So Monroe County, we've had the
5 courage to say no. We don't need a
6 constitutional amendment to tell us that. I
7 wish that this body would act, in its actions
8 demonstrate the conviction that appears to
9 underlie this piece of political feeder.
10 SENATOR DeFRANCISCO: Mr.
11 President.
12 ACTING PRESIDENT SPANO: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: I ask
15 Senator Dollinger if he'd yield?
16 ACTING PRESIDENT SPANO: Senator
17 Dollinger, do you yield.
18 SENATOR DOLLINGER: Absolutely.
19 SENATOR DeFRANCISCO: Senator
20 Jones alluded to the fact that since the budget
21 passed there have been many spending bills that
22 have passed this house. Isn't it true that you
23 supported just about every one of those spending
7127
1 bills since the budget, the budget was passed?
2 SENATOR DOLLINGER: Mr.
3 President. If I can ask the questioner to be
4 specific about what bills you're referring to, I
5 will be glad to analyze them.
6 SENATOR DeFRANCISCO: I can't be
7 specific but I know that there's only been one
8 or two negative votes on just about every
9 spending bill since the budget, and you weren't
10 the negative vote on every one. What I'm saying
11 is, have you adhered to this principle of saying
12 no to all new spending since the budget was
13 passed?
14 SENATOR DOLLINGER: Well -
15 SENATOR DeFRANCISCO: Yes or no?
16 SENATOR DOLLINGER: Mr.
17 President. I can't answer the question, as
18 counselor would know. I'd be glad to respond to
19 a specific bill. If you have a specific bill, I
20 will tell you what I thought and how I voted on
21 it.
22 SENATOR DeFRANCISCO: So you
23 don't know whether you've said no to every
7128
1 single increased spending?
2 SENATOR DOLLINGER: Well, I
3 certainly can't make that blanket statement, Mr.
4 President. If the questioner would like to be
5 specific, I'll be glad to answer him.
6 ACTING PRESIDENT SPANO: Let us
7 please have the questions and answers through
8 the chair.
9 Senator Connor.
10 SENATOR CONNOR: Thank you, Mr.
11 President. I'm not going to make a big speech.
12 I think it's been well articulated what's wrong
13 with this bill, but sometimes a story is an apt
14 way of describing what's going on here.
15 And I'm reminded of a couple
16 weeks ago when I was out having a cup of coffee
17 in Albany here, and a fellow walked in and said
18 to the saloon keeper, "I would like three
19 whiskeys," and the saloon keeper set up the
20 three whiskeys. And as the guy was about to
21 take a drink, the saloon keeper said, "You know,
22 you can order them one at a time." The guy
23 said, "You don't understand. I got two
7129
1 brothers. I got a brother down in New York and
2 a brother out in Chicago. We made it up that
3 whenever we had a drink we'd drink for all three
4 of us."
5 So I was there last night. It
6 reminded me of this bill. The same guy came in
7 and he ordered two whiskeys. And the saloon
8 keeper said -- as he set them up, he said, "Gee,
9 I'm really sorry about your brother." The guy
10 said, "What about my brother?" And he said, "I
11 assume -- you were here before -- I guess you
12 lost one of your brothers." And the guy said,
13 "No, no. It's not that at all. It's me. I
14 quit."
15 That's what this bill is like, "I
16 quit," you know. Except on the same calendar
17 you have all these spending bills. Which is
18 it? Are you spending for your brother or did
19 you quit?
20 ACTING PRESIDENT SPANO: On the
21 resolution. Secretary will call the roll.
22 Senator DeFrancisco to explain
23 his vote.
7130
1 SENATOR DeFRANCISCO: Yes, I just
2 wanted to state that I'm supportive of this
3 amendment, and there has been some statement to
4 the effect that how can we possibly pass this
5 when we would be X number of dollars in the hole
6 this year because of our budget having already
7 been passed. The fact of the matter is this is
8 a resolution for a constitutional amendment
9 which would take at least two successive
10 sessions plus a vote of the people for it to be
11 effective, and it will be effective sometime in
12 the future and will not affect this year's
13 budget.
14 In addition, as far as the
15 remarks concerning the Republican Majority being
16 spendthrifts and being unable to control it, and
17 all we have to do on our own is say no to these
18 various budget bills and we can take care of the
19 process, the fact of the matter is there are
20 three parties to the process, the Governor, the
21 Assembly, and the Senate. We are all involved
22 in the process including all -- both parties of
23 both houses. And the fact of the matter is that
7131
1 when we get down to a budget to get an
2 agreement, it is not easy with all the competing
3 interests. As a result, we find ourselves later
4 and later every year, being criticized by
5 everybody every year, because of the continual
6 delays in the budget process to try to get an
7 agreement.
8 And, unfortunately, at some point
9 you've got to vote yes to something maybe you
10 don't like every bit of in order for there to be
11 a budget at sometime during the year, and I
12 believe strongly that a bill such as this will
13 put a cap, which cap will have to be followed so
14 that it will also help us not only fiscally but
15 to get a budget on time, since everyone will
16 have to cooperate with the less amount of
17 spending.
18 So I vote yes.
19 ACTING PRESIDENT SPANO: Senator
20 DeFrancisco in the affirmative.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 1485 are
23 Senators Connor, Dollinger, Espada, Galiber,
7132
1 Gold, Leichter, Markowitz, Nanula, Ohrenstein,
2 Smith, Solomon, Stavisky and Waldon. Ayes 47.
3 Nays 13.
4 ACTING PRESIDENT SPANO: The
5 resolution is adopted.
6 Senator Kuhl.
7 SENATOR KUHL: Mr. President.
8 Will you recognize Senator Lack?
9 ACTING PRESIDENT SPANO: Senator
10 Lack.
11 SENATOR LACK: Yes, thank you,
12 Senator Kuhl.
13 Mr. President. Can we please
14 return to motions and resolutions?
15 With respect to Calendar 303, Mr.
16 President, I would move the restoral of Print
17 Numbers 6694A for 6694B and ask that said A
18 print please have its third reading again at
19 this time.
20 ACTING PRESIDENT SPANO: Without
21 objection, restoration is ordered. Secretary
22 will read the last section.
23 THE SECRETARY: Calendar Number
7133
1 303, by Senator Lack, Senate Bill Number 6694A,
2 an act to amend the Criminal Procedure Law.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT SPANO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 60.
9 ACTING PRESIDENT SPANO: The bill
10 is passed.
11 SENATOR LACK: Thank you.
12 ACTING PRESIDENT SPANO: Senator
13 Connor.
14 SENATOR CONNOR: Thank you, Mr.
15 President.
16 Mr. President. I would like
17 unanimous consent to be recorded in the negative
18 on Calendar Number 1480.
19 ACTING PRESIDENT SPANO: Without
20 objection.
21 SENATOR LEICHTER: Mr. President.
22 ACTING PRESIDENT SPANO: Senator
23 Leichter.
7134
1 SENATOR LEICHTER: Yes. I would
2 also like unanimous consent to be recorded in
3 the negative on Calendar 1480.
4 SENATOR KUHL: No objection.
5 ACTING PRESIDENT SPANO: Without
6 objection.
7 Senator Wright.
8 SENATOR WRIGHT: Mr. President.
9 I request unanimous consent to be recorded in
10 the negative on Calendar Number 1531.
11 ACTING PRESIDENT SPANO: Without
12 objection.
13 Senator Nozzolio.
14 SENATOR NOZZOLIO: Mr.
15 President. I ask unanimous consent to be
16 recorded in the negative on Calendar Number 1391
17 -- excuse me, 1351.
18 ACTING PRESIDENT SPANO: Without
19 objection.
20 Senator Kuhl.
21 SENATOR KUHL: Yes, Mr.
22 President. Would you call up Calendar Number
23 1420, please.
7135
1 ACTING PRESIDENT SPANO:
2 Secretary will read Calendar Number 1420.
3 THE SECRETARY: Calendar Number
4 1420, by Senator Bruno, Senate Bill Number
5 7494B, an act to amend the Economic Development
6 Law.
7 ACTING PRESIDENT SPANO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT SPANO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 60.
15 ACTING PRESIDENT SPANO: The bill
16 is passed.
17 SENATOR LEICHTER: Mr.
18 President. I'm sorry. Was that 1420?
19 ACTING PRESIDENT SPANO: 1420,
20 yes, Senator.
21 SENATOR LEICHTER: I'm sorry.
22 Could we reconsider the vote by which this bill
23 passed?
7136
1 ACTING PRESIDENT SPANO: The
2 Secretary will call the roll on reconsideration.
3 (The Secretary called the roll on
4 reconsideration.)
5 THE SECRETARY: Ayes 60.
6 ACTING PRESIDENT SPANO: The bill
7 is before the house.
8 Senator Leichter.
9 SENATOR LEICHTER: Explanation,
10 please.
11 ACTING PRESIDENT SPANO: Senator
12 Bruno.
13 Before you begin, Senator Bruno,
14 can we again ask for some order in the chamber.
15 And please ask that the traffic in the rear of
16 the chamber be curtailed, and those members and
17 staff people who need to have conversations to
18 take them outside the chamber.
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President.
21 Is there a specific question that relates to
22 this bill that just passed unanimously that I
23 can be helpful with, Senator, or is there an
7137
1 overview that you would like to have me give you
2 for the next couple of hours of this great piece
3 of legislation.
4 SENATOR LEICHTER: Senator, if
5 you can find two hours to speak about this bill
6 it would be a marvel to your ability to put
7 substance into what seems to be a lot of air.
8 But, Senator, I would love to listen to you for
9 two hours, but I'm sure that some of our
10 colleagues have other things to do.
11 SENATOR BRUNO: Is there -
12 SENATOR LEICHTER: Yes.
13 SENATOR BRUNO: I'm being -
14 SENATOR LEICHTER: Senator, as
15 I -
16 SENATOR BRUNO: Senator, is there
17 -- I'd be happy to give a quick.
18 ACTING PRESIDENT SPANO: Can we
19 please have the questions and answers through
20 the chair.
21 Senator Bruno.
22 SENATOR BRUNO: Maybe I -- let me
23 give you a quick overview and then see if you
7138
1 focus this -
2 SENATOR LEICHTER: Good. Thank
3 you.
4 SENATOR BRUNO: -- specifically,
5 Senator.
6 What we're trying to do through
7 this legislation, really, is cut through, help
8 businesses and services in this state cut
9 through the red tape, the overregulation that
10 presently exists in this state.
11 Now, how do we know that it
12 presently exists? Because survey after survey
13 to private businesses, large and small, the
14 response always is -- in fact, in one of the
15 largest surveys done, in polls, 72 percent of
16 the businesses thought that government was
17 hostile to their business or their profession
18 here in New York State, and 49 percent of them
19 said they would leave the state if they could.
20 So what this bill does, it sets
21 up in the head of every agency and commission,
22 an office, an ambassador, a good will ambassador
23 in the head of the office, commission. And by
7139
1 the way, Senator, the Governor in his wisdom has
2 done some of this already, and we have worked
3 with the Governor's office and the Assembly in
4 trying to put together a bill, but we have not
5 been successful in getting it all done as we
6 speak.
7 But bottom line, we're talking
8 about creating a system where people,
9 businesses, professions, can reach into the head
10 of the agency and find a friendly person who
11 will help expedite whatever their request for
12 service is through the system.
13 And in the DED regional offices,
14 there will be people there who will serve as
15 these ambassadors for the same purpose. In the
16 Office of Regulatory and Management Review will
17 be the overseer, and reports will go in
18 quarterly to talk about what is being done to
19 help businesses cut through red tape here in New
20 York State.
21 And I'm sure, Senator, you
22 recognize this is a very worthwhile objective,
23 costs nothing. I anticipate your question.
7140
1 Costs nothing because the people that will
2 provide this service are already in place. They
3 will just be more directed and motivated as
4 required and requested in this legislation.
5 SENATOR LEICHTER: Mr. President.
6 ACTING PRESIDENT SPANO: Senator
7 Leichter.
8 SENATOR LEICHTER: Yes. I thank
9 my good friend for that overview and maybe we
10 ought to get a little specific, and if he'll
11 yield for one or two questions, please.
12 Senator, I see that you call -
13 all the commissioners will be deemed to be
14 ambassadors.
15 SENATOR BRUNO: Senator, that's
16 the Governor's word. We were using other
17 descriptions, but the Governor in his office
18 liked the word ambassador, so yes.
19 SENATOR LEICHTER: Senator, from
20 now on, will they be called ambassadors or
21 commissioners. I am the ambassador of mental
22 health or the ambassador -
23 SENATOR BRUNO: Yes. They would
7141
1 be called both. Their official title would be
2 commissioner. Their unofficial title would be
3 Ambassador of Good Will to Promote Industry and
4 Business in this state. I think the Governor
5 had a great idea when he came up with that.
6 Oh, thank you, Senator.
7 Ambassadorial commissioners. Thank you, Senator
8 Marchi.
9 SENATOR LEICHTER: And, Senator,
10 is it correct to say -- the only real function I
11 see there besides the fact that they are
12 supposed to be concerned about being business
13 friendly is they issue this quarterly report?
14 SENATOR BRUNO: Well, they talk
15 about what they have done to expedite the permit
16 process, the overview, to make it simpler,
17 better, more effective and less inhibiting to
18 the promotion of business. They report
19 quarterly on what they are doing to help in this
20 way.
21 SENATOR LEICHTER: Yes. Mr.
22 President. Thank you very much, Senator Bruno.
23 And let me just comment on the
7142
1 bill.
2 ACTING PRESIDENT SPANO: Senator
3 Leichter on the bill.
4 SENATOR LEICHTER: All I can say
5 is if I were a businessman in New York State and
6 somebody came and said, "Look how much we're
7 doing for you: From now on, we're going to call
8 Commissioners "ambassadors," and they are going
9 to file a quarterly report," I would cry. I
10 would cry. I would say, Senator Bruno, is this
11 the best you can come up with? And then you
12 tell me you are going to talk about this for two
13 hours?
14 You know, again, this is the sort
15 of, if you will, vacuous approach which bears a
16 resemblance to the previous bill. We're not
17 dealing with reality here. We're not dealing
18 with what bears any relation to the actions that
19 you people really take.
20 I mean you are going to say, I
21 assume, based on this bill, look how wonderful
22 we've shown our commitment to improving the
23 business climate. We've made Commissioners
7143
1 "ambassadors," and they are supposed to go out
2 and be business friendly and so on. I mean
3 that's so much floss.
4 Where are the specifics? And the
5 only specifics you always have -- and my good
6 friend, Senator Wright, loves this -- another
7 report, another regulation. We're going to make
8 government more efficient; so, therefore, we're
9 going to require them to put in ten more
10 reports.
11 Senator Daly, if the Department
12 of Environmental Conservation wrote all the
13 reports that you wanted, they would be doing
14 nothing from morning till night, 365 days a
15 year, but writing reports. Where's the great
16 efficiency? Where is the great outreach to
17 business? Where is the help that you are going
18 to give. It's words. It's words. It's words.
19 That's all we have here.
20 Somebody wants to say, "Look how
21 I've shown my concern for business. I have made
22 Commissioners "ambassadors."
23 And let me say the Governor -
7144
1 and we know that he's very sincere in his intent
2 and desire to improve business climate. We all
3 are. There are things that we can do. There
4 are things that we can't do. And the Governor
5 is very skillful in casting programs in sort of
6 a glorious verbiage, and maybe at one time he
7 used the words, "I want them to be ambassadors."
8 But, Senator, he meant it ambassadors in a
9 generic sense of being friendly to business. He
10 didn't mean that you are supposed to actually go
11 out and change the law to call Commissioners
12 "ambassadors." You shouldn't have taken him
13 that literally.
14 Let me just say, my friends, this
15 bill does no harm, but it doesn't do any good
16 either, and I'm going to vote in the negative
17 just because it's so meaningless.
18 ACTING PRESIDENT SPANO: Senator
19 Stavisky.
20 SENATOR STAVISKY: I think you
21 missed the opportunity, Senator Bruno. As long
22 as you are calling them "ambassadors," you have
23 failed miserably to extend the title to Minister
7145
1 Plenipotentiary and Potentate Extraordinary. I
2 would suggest you go to Gilbert and Sullivan's
3 "The Mikado," where you will find a tremendous
4 list of titles that you can bestow upon these
5 Pooh-Bahs, New York State Pooh-Bahs, who hold
6 ten different titles all at once until they
7 confuse each other because the titles and the
8 roles are contradictory.
9 What does this poor Senate
10 Finance Committee do on a confirmation hearing?
11 You've got a Commissioner who is a regulator.
12 Now, I know you are regulating. I know you are
13 going to be tough but are you also going to be
14 gentle, as gentle as Ivory Snow, when you deal
15 with the business?
16 So you ask every prospective
17 designee for confirmation by this overburdened
18 Senate Finance Committee: Are you a regulator?
19 Are you an Ambassador? Are you a patsy? Are
20 you a tough character? Are you a fall guy or a
21 fall woman?
22 I think this borders on idiocy on
23 a date following a night when we had no
7146
1 legislation, which was the night of idiocy.
2 Welcome, my colleagues, to the day of idiocy.
3 We have here nonsense. What
4 about the ambassador to the consumer? What
5 about the ambassador to the taxpayer that Change
6 New York is seeking? Doesn't they have rights?
7 I want an ambassador to the consumer, an
8 ambassador to the taxpayer. What about the
9 ambassador to the employees who have to carry
10 out these things?
11 Senator Bruno, this is not an
12 American Express commercial. You did those
13 superbly, but that is not what is before us in
14 the State Senate, and I think that really it is
15 the day of idiocy. It is not a day of infamy,
16 but it is a day of idiocy.
17 Take this bill and send it
18 bye-bye, or send it to the road company of "The
19 Mikado." "My object all sublime I shall achieve
20 in time...", and now the score is in your hands.
21 (Applause.)
22 ACTING PRESIDENT SPANO: Senator
23 Bruno.
7147
1 SENATOR BRUNO: Mr. President. I
2 hope -- thank you. That was eloquent.
3 I hope the Governor is listening,
4 because we said to his office, "Let's not use
5 the word 'ambassador'." We called them
6 "interagency coordinators." So I hope he's
7 listening to you.
8 Governor, he didn't mean that you
9 were all of the things that he just described.
10 Governor, he is only kidding. He is trying to
11 be funny, Governor. Maybe we ought to go back
12 to "interagency coordinator," Governor, as we
13 were proposing to you because the Senators don't
14 like the word "ambassador," but the Governor
15 thought that "ambassador" designates something
16 positive, good will, good feelings. I'm here to
17 help you.
18 But I know that's something that
19 might be foreign to you people sometimes,
20 opening your arms to be helpful to business, to
21 encourage business, but the Governor finally got
22 his head on straight and said, "These are
23 ambassadors. They do good things."
7148
1 And so we said, "Fine, Governor,
2 let's call them 'ambassadors'."
3 Mr. President. I'm sorry that we
4 used the word ambassador. I think that we would
5 refer to this as interagency coordinator out of
6 deference to my learned colleagues. But thank
7 you for your kind words. I'm sure the Governor
8 appreciates your observations.
9 ACTING PRESIDENT SPANO: Senator
10 Gold.
11 SENATOR GOLD: Just one thing. I
12 think we have missed the boat. Senator, Bruno
13 you really are very, very good, but I'm not
14 going to buy videotape, because apparently the
15 videotape only runs on your half, and I thought
16 Senator Stavisky was much better. So if you had
17 had the whole program, I would have given you a
18 mailing opportunity for the tape, but not the
19 one-sidedness.
20 ACTING PRESIDENT SPANO: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 9. This
23 act shall take effect immediately.
7149
1 ACTING PRESIDENT SPANO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 1420 are
6 Senators Galiber, Gold, Leichter, Onorato,
7 Smith, Stachowski, Stavisky and Waldon. Also
8 Senator Markowitz. Ayes 51. Nays 9.
9 ACTING PRESIDENT SPANO: The bill
10 is passed.
11 Senator Farley.
12 SENATOR FARLEY: Mr. President.
13 I would like to be recorded in the negative on
14 Calendar 1351.
15 ACTING PRESIDENT SPANO: 1351,
16 without objection.
17 Senator Present.
18 SENATOR PRESENT: Mr. President.
19 Can we take up 1517.
20 ACTING PRESIDENT SPANO:
21 Secretary will read Calendar 1517.
22 THE SECRETARY: Calendar Number
23 1517, by Senator Bruno, Senate Bill Number 8686,
7150
1 an act to amend the Civil Service Law.
2 ACTING PRESIDENT SPANO:
3 Explanation has been asked for.
4 Senator Bruno.
5 Again, before Senator Bruno
6 starts, we're having a little problem
7 maintaining order in the chamber today. Will
8 you please ask the staff members to take their
9 conversations outside the chamber. Ask the
10 sergeant at arms to restrict the conversations
11 in the rear of the chamber.
12 Senator Bruno.
13 SENATOR BRUNO: Mr. President.
14 This is another attempt at making government in
15 New York State more efficient. We passed part
16 of this legislation in this chamber a couple of
17 weeks ago, and that has been packaged in the
18 rest of what is in this bill, which is rather
19 lengthy. Bottom line is this is a bill that
20 would help consolidate the duplication that
21 presently exists in this state in state
22 agencies, in commissions, and it's very specific
23 in some of the recommendations for
7151
1 consolidation.
2 It also requires the performance
3 planning for agencies as we had outlined here in
4 previous legislation. When fully implemented,
5 there is the potential to save a minimum of $100
6 million in government costs that is presently
7 part of the tax structure of this state. Bottom
8 line, we consolidate, we create more
9 efficiency. We look to eliminate duplication.
10 We create an incentive for agencies to be more
11 efficient and save money by allowing them -- and
12 I know that you know that if an agency today
13 doesn't use up their whole budget, they lose
14 it. This allows them to retain 35 percent of
15 whatever they save within their agency to create
16 more efficiency and responsiveness to the
17 public.
18 And I think that is meritorious.
19 That is part of what is being recommended in the
20 Clinton administration, and that is part of what
21 has to do with reinventing government as we know
22 it today.
23 ACTING PRESIDENT SPANO: Senator
7152
1 Mendez.
2 SENATOR MENDEZ: Mr. President.
3 I wonder if Senator Bruno will yield.
4 ACTING PRESIDENT SPANO: Senator
5 Bruno, will you yield to a question?
6 SENATOR BRUNO: Yes.
7 ACTING PRESIDENT SPANO: Senator
8 Bruno yields.
9 SENATOR MENDEZ: Thank you.
10 Senator Bruno, in your bill you
11 state that you are establishing -- the bill will
12 be establishing a state government performance
13 and results act of 1994.
14 SENATOR BRUNO: Yes.
15 SENATOR MENDEZ: And you are
16 requiring, if I understand correctly, that each
17 Commissioner -- that each Commissioner will have
18 to establish the goals of the agency and
19 performance standards.
20 SENATOR BRUNO: M-m h-m-m.
21 SENATOR MENDEZ: Now, I have no
22 problems with that. However, you will not
23 measure the other small little agencies,
7153
1 primarily minority agencies. You are not giving
2 them the same opportunity of drawing a plan for
3 goals and performance. Why is that?
4 SENATOR BRUNO: This, Senator -
5 I was just looking at my notes here, because I
6 thought that it does that. It doesn't
7 differentiate. It allows any agency to perform,
8 to put together a strategic plan, to put
9 together a tactical plan, a performance plan,
10 and then report on it. It offers that
11 opportunity to all the existing agencies.
12 SENATOR MENDEZ: That is very
13 good, however, your bill eliminates the
14 following state agencies:
15 The Advisory Committee for Black
16 Affairs, who this year received in the budget
17 $290,000; eliminates the Office of Hispanic
18 Affairs that this year's budget allocated to
19 this agency $313,000; the Division for Women,
20 that this year's budget allocated $533,000; the
21 Office of Volunteer Services, that they obtained
22 this year $289,000; the Martin Luther King Jr.
23 Institute for nonviolence with $1.01 million;
7154
1 the Martin Luther King Commission with $790,000.
2 And all that adds up to $3
3 million. You are saying that we will be saving
4 $100 million. Where are the other $97 million
5 coming from?
6 SENATOR BRUNO: In many of the
7 larger agencies that you have not specifically
8 mentioned.
9 But, Senator, let me be very
10 clear for you and my colleagues. We are not
11 eliminating any services that are provided by
12 these agencies. We are consolidating, creating
13 more efficiency. And normally you consolidate
14 to the larger agency. The Governor would make a
15 disposition of how that happens.
16 SENATOR MENDEZ: Well, I really
17 believe that if the other state agencies are
18 being allowed to start up with making their
19 plans that these other smaller agencies,
20 minority agencies, should in fact be given equal
21 treatment.
22 I want to thank you, Senator
23 Bruno, for answering my questions.
7155
1 On the bill, Mr. President.
2 I, for one, like everybody else
3 believes that we must stop wasting all levels of
4 government. However, as it regards these small
5 agencies, assuming that they do not do a darn
6 thing, assuming let's say that that is the
7 bottom line, they must stay put. Why? Because
8 they perform a tremendous service for our state,
9 for our residents.
10 And what is that kind of
11 service? It is the perception that through
12 these agencies women, Puerto-Ricans and
13 Hispanics, and African-Americans are included -
14 included in state government.
15 So I feel that this bill deals
16 with double standards as it relates to these
17 smaller agencies, and I think that they must be
18 kept if they are not performing well. If that
19 were the case, then they should be helped to
20 perform better.
21 And then the importance of this
22 is that these agencies could in turn interpret
23 to the other agencies that have -- many of which
7156
1 do not have enough minority people working
2 there, could interpret the needs of these
3 minority individuals that reside in the State of
4 New York.
5 So for these reasons I find it
6 very difficult to support this bill, and I will
7 be voting against it, Mr. President. I am
8 committed to see that some waste is eliminated
9 but not at the expense of a very important
10 perception in New York State, as I explained
11 before.
12 So again I thank Senator Bruno
13 for answering my questions, and thank you, Mr.
14 President.
15 ACTING PRESIDENT SPANO: Senator
16 Smith.
17 SENATOR SMITH: Thank you, Mr.
18 President. For the sake of brevity, I will be
19 very, very brief this evening; however, I would
20 be remiss if I did not take exception to this
21 particular legislation, even though it's a one
22 house bill and, in essence, a waste of all of
23 our time.
7157
1 In my short experience here of
2 the past six years, I have had the occasion to
3 deal with many of these agencies, and I have
4 found that they have been of invaluable
5 services, especially the Women's Division
6 dealing with women's issues and Black Affairs
7 and Hispanic Affairs because those are the
8 constituents that I represent.
9 And I find it kind of
10 disconcerting that an attempt is being made to
11 rid us of those agencies that are so important
12 to many of us on this side of the aisle.
13 And I will be certainly voting in
14 the negative.
15 ACTING PRESIDENT SPANO: Senator
16 Waldon.
17 SENATOR WALDON: Thank you very
18 much, Mr. President. Would Senator Bruno yield
19 to a question?
20 ACTING PRESIDENT SPANO: Senator
21 Bruno, would you yield to a question.
22 SENATOR BRUNO: Yes.
23 ACTING PRESIDENT SPANO: Senator
7158
1 Bruno yields.
2 SENATOR WALDON: Thank you very
3 much, Mr. President.
4 Senator Bruno, I'm intrigued by
5 the $97 million that is characterized in this
6 proposal that you have as being saved by
7 implementing these procedures. In arriving at
8 that figure, did you have benefit of an
9 accountant to help you?
10 Mr. President. I have posed a
11 question.
12 SENATOR BRUNO: I'm sorry,
13 Senator. Senator Mendez had a comment and I was
14 listening. I'm sorry.
15 SENATOR WALDON: My question, sir
16 -- Mr. President. If I may continue?
17 In your coming up with the $100
18 million minus the 3 million or so for the
19 elimination of those vital agencies previously
20 enumerated, did you have benefit of an
21 accountant?
22 SENATOR BRUNO: Yes. Actually,
23 we had the benefit of accountants, finance
7159
1 people, efficiency people in government, who all
2 had some input into the process that took place
3 here over the last several months, and this was
4 not calculated by simply sitting down and
5 picking a number.
6 If you take a look very
7 specifically at this rather comprehensive
8 approach that's been put together by very
9 professional people, you will see that the
10 intent is not to eliminate services, and that is
11 being said over and over, Senator.
12 We are not eliminating services.
13 We are creating more efficiency and providing
14 those services; and, consequently, the services
15 are not only provided more efficiently but at
16 less costs, and that's desirable. So, again, we
17 are not eliminating services to the public.
18 SENATOR WALDON: Mr. President.
19 Would the gentleman continue to yield?
20 ACTING PRESIDENT SPANO: Senator
21 Bruno continues to yield.
22 SENATOR BRUNO: Yes.
23 SENATOR WALDON: I would like to
7160
1 pose another question, Senator Bruno, but before
2 I do that, permit me to say if I am sick and go
3 to a doctor and the doctor is no longer there
4 and his administrative aide or his secretary is
5 there, I don't feel very comfortable about being
6 treated. So when you say the elimination of
7 these agencies doesn't change the level of
8 services, I question that.
9 But again, going back to what I
10 really want to find out, in this analysis that
11 was done by the various professionals that you
12 spoke about, is there a record of the analysis?
13 Do you have a database somewhere that could be
14 shared with your colleagues? And if so, where
15 is it? And if you had accountants, who are
16 they? And if you had financial analysts who are
17 they; or who were they? And if you had any
18 other professionals who participated in this
19 process, would you please enumerate them for our
20 edification here at this time.
21 SENATOR BRUNO: The people in the
22 Senate, and I can't give you names and titles,
23 Senator. But if you would like, I would be
7161
1 happy to share with you the people that were
2 involved in the process, the Finance Committees
3 in this house, okay, the research committees in
4 this house, the Commission on Public/Private
5 Cooperation, the Committee on Commerce, Economic
6 Development and Small Business, all of the
7 people who are in public service that have to do
8 with creating efficiency in government,
9 delivering those services at minimal costs were
10 involved. And if you want names and titles, we
11 can, you know, at a more leisurely time put
12 together people that worked on it, but let me
13 assure you that they are professionals who put
14 this together.
15 SENATOR WALDON: Mr. President.
16 Would the learned gentleman suffer another
17 question?
18 ACTING PRESIDENT SPANO: Senator
19 Bruno continues to yield.
20 SENATOR WALDON: Thank you, Mr.
21 President. Senator, I don't doubt -- I don't
22 doubt the truthfulness of what you are saying,
23 but it would make more sense to me if we had
7162
1 some names at a more leisurely time or now.
2 But I would like to change the
3 tack, if I may. T-a-c-k, like a sailboat.
4 SENATOR BRUNO: Yes, sailboat.
5 SENATOR WALDON: Why did you
6 choose the Advisory Committee for Black Affairs,
7 the Office of Hispanic Affairs, the Division for
8 Women, the Office of Volunteer Services, the
9 Martin Luther King Jr. Institute for Non
10 violence and the Martin Luther King Commission?
11 Did your analyst tell you to choose these?
12 SENATOR BRUNO: Yes. What they
13 indicated is that there is a lot of duplications
14 of services in a lot of those agencies, just as
15 there is a lot of duplication of services in the
16 140 some agencies that provide service to
17 businesses in this state, and they are
18 unnecessary. They duplicate. They cost the
19 taxpayers money.
20 And, again, the objective was not
21 to eliminate the services but to create
22 efficiency and savings.
23 SENATOR WALDON: Mr. President.
7163
1 If I may continue?
2 ACTING PRESIDENT SPANO: Senator
3 Bruno continues to yield.
4 SENATOR WALDON: Thank you.
5 Senator Bruno, we are all in politics here; and
6 in politics, one knows that the perception is
7 often times more valuable and/or the obverse
8 more damaging than the reality. So when you say
9 you chose these agencies because they were
10 duplicative in terms of services, can you give
11 me an example -- an example, of how the Advisory
12 Committee for Black Affairs duplicates the role
13 and the duties of the Division for Women.
14 SENATOR BRUNO: Many of the
15 services in these agencies are services that are
16 provided to constituents generally. They
17 answers questions. The same person could answer
18 a question or be of service in either of the
19 instances that you just describe very readily as
20 long as they were prepared and trained.
21 It doesn't take a specialist to
22 deal with a constituent problem. In your
23 office, Senator, and in mine, I have people who
7164
1 deal with hundreds of separate issues. I don't
2 have a hundred of people dealing with a hundred
3 different issues. I have one person that deals
4 with hundreds of different issues.
5 The same approach is being taken
6 here. And I wouldn't be overly sensitive in
7 terms of that there is some devious motivation
8 here in trying single out any group of people,
9 because there isn't. If you look at what was
10 contemplated and proposed, it cuts across the
11 whole structure of government in New York
12 State. All of it. All of it.
13 SENATOR WALDON: Would the
14 gentleman continue to yield?
15 ACTING PRESIDENT SPANO: Senator
16 Bruno continues to yield.
17 SENATOR BRUNO: Yes.
18 SENATOR WALDON: Thank you, Mr.
19 President. I assume, Senator Bruno, when you
20 said I would not be overly sensitive, you are
21 really saying to Al Waldon, "Al Waldon, please
22 don't be overly sensitive my eliminating the
23 Advisory Committee for Black Affairs..." -
7165
1 which, by the way, was the result of an idea I
2 had when an Assemblyman -- "...the Office of
3 Hispanic Affairs, the Division for Women, the
4 Office of Volunteer Services, the Martin Luther
5 King Jr. Institute for Nonviolence and the
6 Martin Luther King Commission, that I as an
7 African-American legislator representing a
8 predominantly African-American, Latino community
9 should not be overly sensitive that you were
10 eliminating services for those people.
11 Let's assume that I'm not. I
12 can't guarantee that I'm not, but let's assume
13 that I am not. I am intrigued still. And if I
14 may, Senator, ask you again to give some
15 information about $97 million, because $97
16 million is an awful lot of money, and I would
17 like you at this time to respond to my question
18 as to how this $97 million is saved without any
19 input from the AFL-CIO or from the employees of
20 these various and sundry agencies that you are,
21 in my opinion, wreaking such havoc for.
22 SENATOR BRUNO: Senator,
23 communication sometimes is a very difficult
7166
1 art. It's an art not a science. I say
2 something, you hear something different. You
3 say something, I hear something different.
4 That's a problem that all of us have many, many
5 times.
6 You talk about if you go to a
7 doctor and the doctor is not there, how do you
8 get the service; but if there were ten doctors
9 there and it was determined that five doctors
10 could be of service, when you to go the doctor,
11 there's five instead of ten. You still get
12 medical treatment. That is the approach that's
13 being taken here.
14 Now, in that instance, you save
15 the salary and the overhead and offices and
16 secretaries of five doctors. That doesn't mean
17 you don't get the medical attention you need,
18 does it? No. And the same approach is taken
19 here.
20 What we're saying is there's too
21 many doctors. There are too many doctors in
22 state government, too many offices, too many
23 people servicing those offices, and it's about
7167
1 time that we recognize that. You know, Senator,
2 it's not an accident that U.S. News and World
3 Report -
4 SENATOR WALDON: Mr. President.
5 ACTING PRESIDENT SPANO: Senator
6 Waldon.
7 SENATOR WALDON: I'm really
8 trying to hear the learned gentleman, and I'm
9 having difficulty.
10 ACTING PRESIDENT SPANO: Your
11 point is well taken, Senator Waldon.
12 Please ask the members and the
13 staff to take the conversation outside the
14 chamber. Once again, ask that we restrict the
15 traffic in the rear of the chamber.
16 Senator Bruno.
17 SENATOR BRUNO: Thank you very
18 much, Mr. President, and thank you Senator.
19 I was just going to cite -- and I
20 think it's all of us recognize what's going on
21 in this state. U.S. News and World Report
22 spring edition reported to the world that New
23 York State ranks 48th in economic recovery in
7168
1 this country -- 48 out of 50 states. That's
2 dismal. That's pain. That is suffering with
3 your people, my people, all the people, out of
4 jobs, out of work. Why? The cost of doing
5 business in New York State is prohibitive.
6 Forty-two percent of all jobs
7 lost in the country in the last four years come
8 from New York State. Why? The cost of doing
9 business is prohibitive. The overregulation is
10 smothering. That's the message that we're
11 getting.
12 U.S. News and World Report is
13 being objective. We rank 48. Now, do we just
14 stick our heads in the sand and ring our hands?
15 No, we don't. We do things like this. We
16 consolidate. We create efficiency. We create
17 performance plans. We create accountability.
18 And we don't eliminate services. We make them
19 more efficient, less costly.
20 People can work in this state.
21 They can live in this state. They can pay the
22 taxes, because they can afford them, Senator.
23 That's the bottom line. We're not trying to
7169
1 hurt people. We were trying to help people.
2 SENATOR WALDON: Thank you very
3 much, Senator Bruno.
4 Mr. President. If I may, on the
5 bill.
6 ACTING PRESIDENT SPANO: Senator
7 Waldon on the bill.
8 Excuse me, Senator Waldon.
9 Senator Present.
10 SENATOR PRESENT: Senator Waldon,
11 may I interrupt for a moment?
12 SENATOR WALDON: Absolutely, Mr.
13 President.
14 SENATOR PRESENT: Mr. President.
15 I would like to call an immediate meeting of the
16 Rules Committee in Room 332.
17 ACTING PRESIDENT SPANO:
18 Immediate meeting of the Rules Committee in Room
19 332.
20 Senator Waldon, on the bill.
21 SENATOR WALDON: Thank you very
22 much, Mr. President.
23 Senator Bruno, I'm wouldn't want
7170
1 to characterize your responses to me as
2 patronizing, but I don't think that you were
3 either clear and genuine in your responses, but
4 maybe that was unintentional. Maybe you didn't
5 really understand my questions, and maybe you
6 really didn't understand what this legislation
7 appears to be.
8 From my side of the table,
9 talking about perception, it seems here as if
10 you have been very insensitive to the employees
11 in these agencies that you are going do impact
12 with this proposal. From my side of the table,
13 it appears that you have eliminated
14 consideration from the labor movement.
15 I am very pleased to say in those
16 things I have read about certain private sector
17 enterprises in the nation of Japan, where they
18 have a collaborative, cooperative effort between
19 management and worker, it seems to do very
20 well. You haven't considered that at all here.
21 From my side of the table,
22 though, that which I find most distressing and
23 most disturbing is that for whatever reason you
7171
1 say the final and bottom line is that you are
2 eliminating programs which have a very important
3 place in the lives of certain people of the
4 state, and it sends a signal.
5 To eliminate the Advisory
6 Committee For Black Affairs sends a signal that
7 maybe the black folk aren't as important as they
8 used to be.
9 To say that we're going to
10 eliminate the Division For Women -- and,
11 Senator, more women vote than men. The hand
12 that rocks the cradle controls the ballot box.
13 I am not going to be so foolish as to support
14 anything which raises the ire of the distaff
15 side of the voting population. I think that's a
16 mistake. I think that's the wrong signal.
17 But to eliminate the Martin
18 Luther King Jr. Institute for Nonviolence is
19 also equally as bad as those others.
20 So I would encourage my
21 colleagues to recognize that this may not be
22 blue smoke and mirrors, but it's certainly some
23 kind of smoke, and I would suggest that it is
7172
1 not in our best interest to do things which
2 damage the females in our state, which can anger
3 blacks and Latinos, and I would encourage us to
4 vote against this legislation.
5 I thank you, Mr. President, for
6 your indulgence.
7 ACTING PRESIDENT SPANO: Senator
8 Gold.
9 SENATOR GOLD: Thank you, Mr.
10 President. Will Senator Bruno yield?
11 ACTING PRESIDENT SPANO: Senator
12 Bruno, do you yield?
13 SENATOR BRUNO: Yes, Mr.
14 President.
15 ACTING PRESIDENT SPANO: Senator
16 Bruno yields.
17 SENATOR GOLD: First of all,
18 Senator Bruno, I was just curious. Do you have
19 any legislation that would consolidate school
20 districts on Long Island, Suffolk-Nassau County,
21 where I think everybody sort of agrees that the
22 proliferation of districts costs much, much too
23 much in education dollars, and we could save a
7173
1 lot of money by just consolidating those
2 district.
3 SENATOR BRUNO: Well, as you
4 know, I think the Governor in the "State of the
5 State," and the Governor has proposed over and
6 over, we have proposed and allocated money, to
7 study exactly what this approach is,
8 consolidation of school services all over the
9 state, Senator.
10 Do I have a bill specifically?
11 No. But the Governor has proposed this from the
12 "State of the State" messages. I have -
13 SENATOR GOLD: But we haven't
14 passed it.
15 SENATOR BRUNO: -- and I hope
16 that it hits the floor soon, we have a
17 regionalization bill for this region that we
18 live in that will propose the study and
19 recommendations to consolidate services here,
20 Senator, just as we're proposing for state
21 government.
22 So, yes, I think we're being
23 objective and fair. I don't think we're
7174
1 singling out any particular group or people or
2 geographic area. I think we're being fair in
3 the approach that's being taken here.
4 SENATOR GOLD: Will the Senator
5 yield to a question, Mr. President?
6 SENATOR BRUNO: Yes. Yes,
7 Senator.
8 SENATOR GOLD: Senator, when you
9 talk about consolidation, I just want to
10 understand one facet of it.
11 There is an advisory committee,
12 for example, for black affairs. Senator, do the
13 people who work for that advisory committee work
14 or are they sitting around every day on their
15 hands and not doing anything?
16 SENATOR BRUNO: Well, I'm not
17 there observing what they do hour to hour or
18 moment to moment, but I assume that people are
19 making contributions as are required by them.
20 SENATOR GOLD: Well, Senator,
21 under your legislation, I mean do you anticipate
22 that they will now under the consolidation be
23 working under some other agency or are we just
7175
1 firing them?
2 SENATOR BRUNO: No, I would feel
3 that most people would be working within another
4 framework, another agency that would be larger
5 than the entity that they are presently working
6 in. What I would also anticipate is that if
7 there is the consolidation of six entities that
8 there might be five less offices. There might
9 be five less power bills, telephone bills,
10 leasing bills, cleaning bills, all of the kinds
11 of things that it takes to maintain thousands of
12 offices throughout the state, and many of those
13 offices don't provide one bit of service.
14 People, I think ought to be protected because
15 it's people that deliver the services.
16 SENATOR GOLD: Senator yield to a
17 question?
18 SENATOR BRUNO: Yes.
19 SENATOR GOLD: Senator, if you're
20 telling me that the people are going to now,
21 instead of being in a small agency, be part of a
22 larger agency, where is the saving? Senator,
23 doesn't each of those people still need their
7176
1 desk? It may be a desk that you don't call the
2 desk of the Advisory Committee on Black
3 Affairs. But if they are now part of a larger
4 agency, it's still a desk. They're still going
5 to have a lamp. They are still going to have an
6 office.
7 So in what you have just
8 described, Senator, you've saved nothing. You
9 say that you get rid of five offices and five
10 powers and five desks, but if you're telling me
11 that the people are now going to be only part of
12 one total name but the people are still there,
13 they still need their pencils, they still need
14 the lamp lights.
15 So, Senator, you haven't done
16 anything under what you've just described.
17 SENATOR BRUNO: Well, Senator,
18 let me respond in part this way. Maybe you have
19 been reading and viewing that the Governor has
20 proposed the erection of a multi-story new
21 office building here in Albany. Why? Why did
22 the Governor recommend that?
23 The Governor recommended that
7177
1 because he wants to consolidate offices. He
2 wants to do exactly what we have described in
3 this legislation. Now, I didn't hear you or
4 anyone else criticizing the Governor for that
5 proposal. He is doing exactly what we're
6 recommending here throughout the state. Why the
7 silence in that instance?
8 He says he is going to save
9 millions of dollars. I hope he's right.
10 SENATOR GOLD: Will Senator yield
11 to a question?
12 SENATOR BRUNO: Yes, Senator.
13 SENATOR GOLD: Senator, I'm not
14 leaving the point. I want to stay with the
15 point. Now, you put the bill out, and I'm in no
16 hurry, Senator Bruno. I think that if you
17 worked hard enough to come up with a 77 or 78
18 page proposal that I owe it to you, Senator, to
19 take it seriously, and I'm not in any rush. So
20 I'm going to go back again.
21 You said a moment ago that if you
22 consolidated six agencies into one umbrella
23 agency, you save five office buildings, you save
7178
1 five offices, you save five powers, you save
2 five electrics. On the other hand you say that
3 these employees will now be retained. They are
4 working, and these employees will be retained
5 under the one agency.
6 You have to explain to me, how
7 there is a savings, if those employees are now
8 -- instead of the employees of six, they are
9 employees of one but they still have their desk,
10 and they still have their telephone and they
11 still have their pads, et cetera, et cetera. So
12 where is the savings?
13 SENATOR BRUNO: Senator, as I
14 indicated before, I apparently am a very poor
15 communicator, because I have been trying -
16 Senator Leichter is nodding his head yes. I
17 have been trying to explain the position that is
18 represented in this legislation, and I'm not
19 doing well at it.
20 SENATOR GOLD: Maybe the answer
21 doesn't exist, Senator.
22 SENATOR BRUNO: Oh, no.
23 SENATOR GOLD: Maybe you are a
7179
1 great communicator.
2 SENATOR BRUNO: No, it does.
3 SENATOR GOLD: Maybe the truthful
4 answer doesn't exist.
5 SENATOR BRUNO: When you look at
6 the list that was recommended for consolidation,
7 if you take a look at this and you do some
8 adding and subtracting, you come up with some
9 very large numbers. Our estimate was by
10 implementing this legislation, you save
11 approximately $100 million, and you do not
12 diminish the service that's being offered to the
13 public here in New York State.
14 SENATOR GOLD: Fine. Will the
15 Senator yield to a question?
16 SENATOR BRUNO: Yes.
17 SENATOR GOLD: Senator, I think
18 you are a great communicator, but maybe the
19 questions are just too broad and too fast, so I
20 will just slow it down a little bit.
21 We discussed the Advisory
22 Committee for Black Affairs. What about the
23 Office of Hispanic Affairs. As far as you know,
7180
1 Senator, are those employees sitting on their
2 hands every day, or are they doing the work they
3 are being paid to do?
4 SENATOR BRUNO: I think they are
5 diligent and doing the work that they are being
6 paid to do as most state employees are.
7 SENATOR GOLD: All right. Fine.
8 So, Senator, they are being paid to do this
9 work. So now you are not suggesting -- since
10 you said that the people will not lose one
11 service, you are not suggesting that they be
12 fired. You are saying there is going to be some
13 kind of agency consolidation.
14 SENATOR BRUNO: Yes.
15 SENATOR GOLD: Is that correct.
16 SENATOR BRUNO: Yes.
17 SENATOR GOLD: All right. So,
18 Senator, if you don't fire them, you are not
19 saving the amount of their salaries, are
20 you?
21 SENATOR BRUNO: That's correct.
22 SENATOR GOLD: All right. Now,
23 Senator, if you don't fire them and they now
7181
1 come to work and they were used to sitting at a
2 desk and you still have the desk, you didn't
3 save the money on getting rid of furniture;
4 right? You still have the desk.
5 SENATOR BRUNO: Well, you still
6 have a desk if people are working -
7 SENATOR GOLD: Good.
8 SENATOR BRUNO: -- there in that
9 facility, yes.
10 SENATOR GOLD: Fine. Now,
11 Senator -- well, no matter what facility. Do
12 you mean to tell me you take them out of that
13 facility and you put them in a facility with no
14 desk? Is that the way you are going do save the
15 money? They are going to have their desk,
16 aren't they?
17 SENATOR BRUNO: Well, it all
18 depends. Maybe this calls for ingenuity,
19 imagination, thoughtfulness, not doing business
20 as usual. Maybe some of these people will come
21 up with recommendations that they get rid of
22 their desks, that they go out and see their
23 constituents, okay, instead of sitting on
7182
1 their -- whatever they sit on -- their chairs,
2 waiting for people to come to them.
3 And, Senator, that is not a bad
4 idea. Okay. And also one thing that you are -
5 any of you are focusing on. People leave state
6 service every day. Senator, you know that
7 people leave state service every day. You know
8 that, Senator.
9 SENATOR GOLD: Yes.
10 SENATOR BRUNO: They leave every
11 day.
12 SENATOR GOLD: If that's a
13 question to me, I know it. But I assume that if
14 they are doing the work we need and if they
15 leave, we'll hire somebody else because we want
16 that work done.
17 But, Senator, you had a great
18 idea. Maybe they ought to use their imagination
19 and their ingenuity and not sit at the desk and
20 go out and meet people. Then, Senator, I guess
21 we will have to pay for their transportation or
22 buy them a car.
23 Senator, how do you figure that
7183
1 cost compared to the cost of their desk and
2 their telephone?
3 SENATOR BRUNO: Well, I would
4 think in New York City, for instance, they would
5 walk if they were within four, five or six
6 blocks. I don't think they need a car or do
7 anything else.
8 SENATOR GOLD: Yes. And,
9 Senator, all the constituents that they are
10 dealing with within four or six blocks? In
11 other words, the Office of Hispanic Affairs is
12 located within four or six blocks of every
13 Hispanic New Yorker that needs their help? Are
14 you serious?
15 SENATOR BRUNO: No, I'm not. In
16 that instance, they would need transportation,
17 Senator.
18 SENATOR GOLD: Pardon me.
19 SENATOR BRUNO: They would need,
20 then, transportation.
21 SENATOR GOLD: Yes, I would think
22 so. But, Senator, the Martin Luther King Jr.
23 Institute for Nonviolence, how many employees
7184
1 are there there, Senator?
2 SENATOR BRUNO: I don't have the
3 exact number here before me. Maybe you know.
4 Do you know?
5 SENATOR GOLD: No, I mean I
6 didn't put them in. I figured when you put them
7 in to disband them, you must have known how many
8 employees you were getting rid of. You must
9 have known how many desks you were getting rid
10 of. Let me ask you. How many people are
11 involved in that?
12 SENATOR BRUNO: The assistants
13 that helped put this together have the numbers
14 in their worksheets, I'm sure. I wouldn't find
15 them if they are in the bill. They are in the
16 worksheets, Senator.
17 But please don't overlook what I
18 am saying. People leave state government every
19 day. Thousands and thousands of people leave.
20 You don't have to fire anyone. You don't have
21 to lay anybody off.
22 As people leave, you consolidate
23 their services. There are offices that have
7185
1 people in them that are not working eight hours
2 a day feverishly. They might have calls and
3 requirements that might take less than eight
4 hours, less than the time that they are there.
5 When they leave, their duties are taken over by
6 someone else, and their jobs are not replaced.
7 SENATOR GOLD: Well, Senator, if
8 you'll yield for a question. It may -
9 (Whereupon, Lt. Governor Lundine
10 was in the chair.)
11 THE PRESIDENT: Senator Cook.
12 SENATOR COOK: Will the Senator
13 yield for just a moment?
14 SENATOR BRUNO: Yes.
15 SENATOR COOK: I think that an
16 example, Senator, of what the Senator is trying
17 to get at is before us, because I notice that
18 the Lieutenant Governor and Senator Oppenheimer
19 are sharing a chair. Now this is precisely what
20 we're envisioning is going to happen when this
21 legislation is passed.
22 SENATOR BRUNO: That's very good.
23 That's very efficient. Thank you, Charles.
7186
1 SENATOR GOLD: I notice, Senator
2 -- I notice, Senator, that we -- if that's a
3 suggestion for the house, Senator Rath has said,
4 No matter what you guys say, she wants her own
5 chair. At any rate.
6 Senator, let me go back. You're
7 saying, Senator, that there are people out there
8 who, quotes, may not be working eight hours and,
9 therefore, we can consolidate if they leave.
10 Senator, I think it's insulting
11 to suggest that it's the Black Affairs, Hispanic
12 Affairs, Women, Martin Luther King, that those
13 are the people where you are going to find all
14 these lazy bums working in state government.
15 Senator, these people deserve more than that.
16 I'm sure you didn't mean that.
17 At any rate, let me continue.
18 You also have, if I'm reading your memo properly
19 -- you want to eliminate the Consumer
20 Protection Board and put it in the State
21 Attorney General's Office. When you make that
22 transfer, Senator, are you going to transfer all
23 those employees from the Consumer Protection
7187
1 Board and now make them employees of the State
2 Attorney General's Office.
3 SENATOR BRUNO: Probably not.
4 The positions would be reviewed as they were
5 consolidated. Those that were duplications
6 would be eliminated either by transferring
7 people into other places where they were needed
8 or through attrition. Attrition, Senator.
9 SENATOR GOLD: Senator, that word
10 attrition is a convenient word, but right now
11 you have people that are working. Are you
12 telling us that there are people at the Consumer
13 Protection Board that are not doing the
14 consumers' work, that we don't need them? Is
15 that part of your philosophy?
16 SENATOR BRUNO: I'm saying that
17 some of the services they provide are also
18 provided through the Attorney General's Office,
19 or could be, and that represents duplication,
20 excessive cost to the taxpayers, and the kind of
21 thing we have to eliminate.
22 SENATOR GOLD: Senator, if they
23 are doing similar work, but they're doing
7188
1 different work on different issues with
2 different people then that -- whether you call
3 it one group or another or a consolidated group,
4 those people are still there doing work, isn't
5 that true, Senator Bruno?
6 SENATOR BRUNO: Yes, they are.
7 SENATOR GOLD: Senator, will you
8 turn to page 57 of your bill.
9 SENATOR BRUNO: 57?
10 SENATOR GOLD: Yes. You got 79
11 pages. I assume we're allowed to discuss them.
12 On page 57, line 26, it says, "Any cable
13 television company may initiate a civil
14 proceeding within the appropriate courts of the
15 state to collect any rates, charges, or fees
16 duly imposed in accordance with applicable law."
17 Senator, giving cable companies
18 the right to go into court and sue, what does
19 that have to do with consolidation of agencies?
20 SENATOR BRUNO: This simply
21 transfers existing law into the Public Service
22 Law if this consolidation takes place. This is
23 not new. This is present law being transferred.
7189
1 SENATOR GOLD: Senator, out of
2 the 79 pages, how many of the pages are present
3 law where sections are being transferred.
4 SENATOR BRUNO: Well, as you look
5 through this bill, you will see that a lot what
6 is indicated is present law. This bill which is
7 80 pages -
8 SENATOR GOLD: 79 pages.
9 SENATOR BRUNO: -- 79 pages is
10 not all new language, and you can see that by
11 flipping the pages.
12 SENATOR GOLD: Well, Senator, the
13 only thing I can see from flipping the pages,
14 page 45, 44, it's all underlined as new
15 language. Page 46, 47, all underlined, 48, 49.
16 I don't know what you are talking about,
17 Senator. Most of what I see is underlined as
18 new language.
19 Now, I'm only asking you, is it
20 really knew language, or is it just language
21 that's being replaced from one section to
22 another.
23 SENATOR BRUNO: It's language in
7190
1 many instances being replaced from one section
2 to another.
3 SENATOR GOLD: Mr. President. On
4 the bill.
5 I think Senator Waldon made some
6 really excellent points. I mean it's got to be
7 embarrassing to come out here and say that there
8 are mythical accountants and hidden experts and
9 hidden staff people who say that if we do this
10 we're going to save $100 million.
11 Since, Senator Bruno, it will
12 never be a law, we can't prove it one way or the
13 other. But when you start to take it apart and
14 you take what you say, Senator Bruno, that you
15 are not going in here with mass firings; that,
16 well, if there is an attrition system and if, in
17 fact, someone doesn't have to be replaced, we
18 can save something, that's not $100 million,
19 Senator.
20 When you eliminate six groups or
21 agencies and say that they will now all be there
22 but they will be under one agency and the desks
23 are going to be there and the telephones are
7191
1 going to be there, and the papers are going to
2 be there, you are not saving a penny no less
3 $100 million.
4 Senator, I think that in many
5 ways the bill is insulting. It is insulting
6 because aside from the Consumer Protection
7 Board, which obviously deals with the public and
8 their problems, the Cable Television Commission
9 which obviously was set up to protect consumers
10 and deal with that, you eliminate that. The
11 Human Rights Division, I mean these are all
12 people services, Senator. They are all people
13 services.
14 And then when it comes to the
15 group that was referred to by Senator Mendez,
16 Black Affairs, Hispanic Affairs, Women,
17 Volunteers, Martin Luther King. The bill has a
18 flavor which is insulting to many of the people
19 here and to their constituencies, and I think
20 that is almost enough reason to oppose the bill.
21 SENATOR LEICHTER: Mr. President.
22 THE PRESIDENT: Senator Leichter.
23 SENATOR LEICHTER: Yes. Mr.
7192
1 President. I think that Senators Mendez, Gold,
2 and Waldon have pointed out certainly what
3 really underlies this bill, which is part of the
4 Republican philosophy of certain groups that
5 they ignore, that they don't care for, and so
6 on. And to say that the purpose of this bill is
7 cost-saving I think is to claim something for
8 the bill that's really not its purpose.
9 If you really look at this bill
10 what you find is to a large part it's a
11 patronage grab. It's a patronage grab, because
12 what this bill does is to change the Civil
13 Service Commission and to give, in effect, an
14 appointment to the Majority Leader and the
15 Speaker, and then to require that certain
16 actions of the Civil Service Commission must be
17 done unanimously. So it's an effort to give the
18 Republicans in the Senate a veto power over a
19 lot of hiring in the State of New York.
20 Cost saving, trying to help the
21 taxpayers, trying to reduce waste in
22 government? Humbug.
23 Senator Bruno, this is, one, to
7193
1 get rid of groups that the Republican Party has
2 never cared about -- African-Americans, Women,
3 people who are disadvantaged, Latinos, and it's
4 an effort to grab jobs. That's what this bill
5 is about. And the idea of saying we're going to
6 have savings of $100 million. Where are these
7 savings? Well, there's a staff person, and he
8 has that somewhere in his desk.
9 Although after of the suggestion
10 that was made here about desks it may be that
11 the next bill we're going to see by Senator
12 Bruno is a bill eliminating all desks in state
13 government to save money.
14 Do you know what the biggest
15 waste is. Let me tell you what really costs the
16 taxpayers, a 79-page bill that's an one-house
17 bill, that is not an honest bill, that has as
18 its effort and aim, as I said, to give the
19 Republican Party control over state hiring and
20 firings and classifications. That's what is a
21 waste.
22 Mr. President. This bill really
23 does not deserve to be here at any time but
7194
1 certainly not on July 1 when we are told we're
2 going to try to get out. What are we doing with
3 this bill here on July 1 or at at any time.
4 THE PRESIDENT: Senator
5 Markowitz.
6 SENATOR MARKOWITZ: Thank you
7 very, very much. I know Senator Bruno enjoys
8 this debate enormously. I know whenever
9 questions are asked of you, Senator Bruno, my
10 neighbor, I know that you really, really enjoy
11 these conversations, and I notice your
12 enthusiasm in knowing the kind of reaction that
13 will be coming from us.
14 By the way, I'm happy that
15 Senator Pataki is here, too, because I'm eager
16 to hear how he feels about the elimination of
17 some of these agencies, and I know that many New
18 York residents might be very interested as
19 well. That is an important bill, especially for
20 that particular member of the Senate.
21 Let me just say that the reason
22 why these agencies were created in my opinion,
23 especially those of African-American Affairs and
7195
1 Latino Affairs, was due to the fact, Senator
2 Bruno -- due to the fact that when they
3 originated as part of larger agencies, the
4 priorities of those larger agencies pretty much
5 stifled the interests that these smaller
6 agencies were created to serve; because what
7 happens when they are put into larger agencies
8 and the agencies have to shuffle down in terms
9 of size, the majority interests of those
10 agencies take priority; and, therefore, those
11 that are serving in this case African-American,
12 Latino, et cetera, their concerns will be
13 minimized, and that's something that we
14 shouldn't forget.
15 They were created because the
16 truth of the matter is, Senator, regrettably, in
17 our society that African-Americans and Latinos
18 still disportionately in poverty, still
19 disportionately struggling, and still lingering
20 in this state of racism, and that's true. Until
21 every ethnic in this society and in New York
22 State can truly say that they are 100 percent
23 part of the mainstream of society and enjoy all
7196
1 the benefits that all of us aspire for, then
2 perhaps, I hope my lifetime, that we won't need
3 these specific agencies to look after the needs
4 of these major groups of New York residents.
5 So I'm very concerned about that,
6 Senator Bruno, even though he is not in the
7 chamber right now. Hopefully he is in the
8 member room. He can hear me in between his cup
9 of coffee or tea or soda.
10 But let me also add, if I may,
11 Senator Bruno, that this is a classic -- what
12 we're discussing here this evening is a classic
13 struggle between Republicans and Democrats, to a
14 large degree, and basically what he is
15 suggesting, Senator Bruno, is that perhaps
16 government ought to emulating businesses more,
17 slash, cut, slash, consolidate, cut, slash.
18 Well, I argue, Senator Bruno,
19 that you can't run government as a business.
20 The Republicans, many of you believe that we
21 ought to run government as a business. I
22 disagree; because if I don't want to buy a
23 General Electric bulb, I have a choice to buy a
7197
1 Westinghouse bulb. If I don't want to buy Kodak
2 film, I can buy Fuji film or vice versa,
3 whatever it may be. That's the consumer
4 marketplace. But in government, the people in
5 government that need our help have us to turn
6 to. We can't turn people away, and we shouldn't
7 turn people away.
8 Government must be there to
9 provide a helping hand, even if we don't turn a
10 profit, because that's not the objective of
11 government to turn a profit. And in this case,
12 the consolidations that Senator Bruno has
13 brought to our attention and the ways that it's
14 been outlined here in the agencies that it
15 impacts, it doesn't surprise me, Senator. It
16 doesn't surprise me.
17 Those agencies that are impacted,
18 the people to a large degree those in greatest
19 in need in our society are the ones that,
20 quotes, will be consolidated out.
21 And so I would hope that this
22 bill will fly after it leaves here a very short
23 life, only past these doors and somehow will not
7198
1 make it over to the other side and certainly not
2 down to the second floor, that's for sure. But
3 I hope that my colleagues will join us in
4 opposing this.
5 And let me just say, Senator
6 Bruno, that nobody is arguing that some
7 consolidations -- certainly -- listen, none of
8 us would say that where there are true
9 duplications, and I mean this most sincerely,
10 especially in some of the other agencies
11 outlying, other than the ones impacting
12 African-Americans, Latinos and Women groups,
13 certainly if there are agencies that can be
14 consolidated, where we can maximize productivity
15 and not minimize services, I'm sure that all of
16 us would be eager to hear and be eager to work
17 with you, Senator Bruno, or with our Governor,
18 certainly, in that goal. It's a laudable goal.
19 But the way you are approaching
20 it here in this particular bill, regrettably,
21 Senator, I'm sorry I hope we defeat it.
22 And, by the way, Senator Pataki,
23 I hope you join us in this because I know that
7199
1 residents of New York, African-Americans,
2 Latinos, and Women will also be interested in
3 your votes as well.
4 Thank you.
5 THE PRESIDENT: Last section.
6 SENATOR MONTGOMERY: Mr.
7 President.
8 THE PRESIDENT: Senator
9 Montgomery.
10 SENATOR MONTGOMERY: Yes, Mr.
11 President. I just rise as one of the sponsors
12 of the Martin Luther King Commission to
13 particularly object to this legislation, and I
14 think that the disturbing aspect of that
15 proposal to me, at least part of it, is that a
16 few weeks ago, about a month ago, there was a
17 community school board member from the borough
18 of Queens, the county of Queens, I believe, who
19 stood up and said that we should remove books
20 about Martin Luther King Jr. from the school and
21 the school libraries, and that gentleman
22 apparently is still advocating such a move, to
23 the shame I think of all of us in this room. I
7200
1 was shocked and saddened by that statement.
2 And I think that what is
3 happening here is Senator Bruno's legislation, I
4 guess, which ultimately intends to consolidate
5 to save money, I would suppose that's the point
6 of Senator Bruno's legislation, it eliminates,
7 in fact, some extremely important agencies that
8 represent very important things.
9 The Martin Luther King
10 Commission, Senator Bruno, was established as a
11 vehicle to teach nonviolent conflict resolution,
12 especially to young people in the State of New
13 York, and it has done that quite successfully.
14 In addition to that, the Martin
15 Luther King Commission sponsors each year a
16 number of students in what is called the Ella
17 Baker Institute who participate in a training
18 session, a leadership training session, who have
19 an opportunity to visit and work with people who
20 are in the Martin Luther King Institute for non
21 violence in Atlanta, Georgia, and who also have
22 an opportunity to visit colleges in the South
23 and be introduced to people who they would
7201
1 otherwise not have an opportunity to meet. It
2 is a very important leadership training for
3 young, particularly minority youngsters, and the
4 commission works with students around the state,
5 both minority and non-minority as the State's
6 own voice to teach peaceful coexistence with
7 each other, among ourselves, and so I am sure,
8 Senator Bruno, you don't want to or intend to
9 eliminate such an important state agency, and
10 I'm sure that Senator Bruno does not want to
11 stand in the same light as the school board
12 member from Queens who I think represents the
13 worst of people in New York State; and that is,
14 people who allow their prejudices their bigotry,
15 their ignorance, to become part of their
16 projection of who they are and what they are,
17 especially as it relates to those of us who are
18 in leadership positions.
19 So, Senator Bruno, I hope that
20 you would consider amending your legislation so
21 that you remove those aspects which, in any way,
22 send a message that you want to join forces who
23 would say that the essence and the life of
7202
1 Martin Luther King, Jr., in particular -- as
2 well as some of the other agencies, but in that
3 one in particular, have no meaning because I
4 think you want to support what they represent as
5 well as anyone else.
6 Thank you, Mr. President.
7 THE PRESIDENT: Senator Espada.
8 SENATOR ESPADA: Thank you.
9 Would the sponsor yield to a very quick
10 question?
11 SENATOR BRUNO: Yes.
12 SENATOR ESPADA: Senator Bruno,
13 it's clear that most of the conversation that
14 took place before this on -- I will see if I can
15 find it, essentially page 33 to 46, I personally
16 share your views of making government more
17 efficient, promoting this fairly actively. You
18 say six lines, and you remove -- you indicate
19 that perhaps we misunderstood.
20 Let us remove that
21 misunderstanding. Let us consider the lines 36
22 through 52 as essentially putting all of these
23 proper names, for all the others because this
7203
1 particular 46 to 52 seeks to eliminate nation
2 ality, national origin, and attempts to hold
3 responsible and essentially to eliminate in what
4 seems to be obviously the overriding concern,
5 and that seems to be a deletion of those lines,
6 why, then we can move on, as it were.
7 SENATOR BRUNO: Senator and
8 colleagues, with the approach that this bill in
9 its present form wants to go, and it was put
10 together at great effort, not in a cavalier way
11 but very sincerely to create the debate that we
12 have here today. There are differences of
13 opinion in this room on what would be the best
14 way to approach consolidation and the cost
15 savings that all of us would like to achieve
16 without giving up services and responsiveness.
17 There are people in this chamber
18 that would draft this legislation differently.
19 They weren't conferred with; they didn't have
20 input, so as we progress along, I would like to
21 see this bill pass in its present form because
22 it's the bill that we have before us. As we
23 move forward to accomplish the objectives that
7204
1 are represented here, yes, I am, and the others
2 are open to discussion and conversation so that
3 if there's any proof that particular people are
4 going to lose services that are critical to
5 their quality of life, well, yes, we don't want
6 that to happen.
7 Thank you.
8 THE PRESIDENT: Last section.
9 SENATOR STACHOWSKI: Slow roll
10 call.
11 THE PRESIDENT: Slow roll call is
12 requested.
13 THE SECRETARY: Section 182.
14 This act shall take effect on April 1, 1995.
15 THE PRESIDENT: Evidently a
16 sufficient number of Senators have requested a
17 slow roll call. Secretary will call the roll.
18 SENATOR STAFFORD: Mr. President.
19 THE PRESIDENT: Senator
20 Stafford.
21 SENATOR STAFFORD: I'm going to
22 interrupt, and I apologize. Could I please
23 announce an immediate meeting of the Committee
7205
1 on Finance in Room 332. Thank you.
2 THE PRESIDENT: Finance Committee
3 meeting immediately in Room 332. The appropri
4 ate notices will go forth to the Senators that
5 there is a slow roll call.
6 THE PRESIDENT: Senator
7 Stafford.
8 SENATOR STAFFORD: Could I have
9 my name called out of order?
10 THE SECRETARY: Senator
11 Stafford.
12 SENATOR STAFFORD: Aye.
13 THE PRESIDENT: Senator
14 Hoffmann.
15 SENATOR HOFFMANN: Aye.
16 THE SECRETARY: Senator Jones.
17 SENATOR JONES: Aye.
18 THE SECRETARY: Senator Smith.
19 Senator Smith, you going to Finance?
20 Senator Daly.
21 SENATOR DALY: Yes.
22 THE SECRETARY: Senator Tully.
23 SENATOR TULLY: Aye.
7206
1 THE SECRETARY: Senator Trunzo.
2 SENATOR TRUNZO: Yes.
3 THE SECRETARY: Senator Mendez.
4 SENATOR MENDEZ: No.
5 THE SECRETARY: Senator Skelos.
6 SENATOR SKELOS: Yes.
7 THE SECRETARY: Senator Johnson.
8 SENATOR JOHNSON: Aye.
9 THE SECRETARY: Senator Marchi.
10 SENATOR MARCHI: Aye.
11 THE SECRETARY: Senator Gold.
12 SENATOR GOLD: No.
13 THE SECRETARY: Senator Connor.
14 SENATOR CONNOR: No.
15 THE SECRETARY: Senator Nanula.
16 SENATOR NANULA: No.
17 THE PRESIDENT: The Chair will
18 indicate that we are now asking for the Senators
19 who are on the Finance Committee to vote so that
20 they can go and attend their Finance Committee
21 meeting. Are there other Senators on the
22 Finance Committee who wish to vote?
23 THE SECRETARY: Senator LaValle.
7207
1 SENATOR LAVALLE: Aye.
2 THE SECRETARY: Senator Levy.
3 SENATOR LEVY: Aye.
4 THE SECRETARY: Senator
5 Stachowski.
6 SENATOR STACHOWSKI: No.
7 THE SECRETARY: Senator
8 Montgomery.
9 SENATOR MONTGOMERY: No.
10 THE SECRETARY: And Senator
11 Leichter.
12 SENATOR LEICHTER: No.
13 THE SECRETARY: Senator Padavan.
14 SENATOR PADAVAN: Aye.
15 THE SECRETARY: Senator Bruno.
16 SENATOR BRUNO: Aye.
17 THE SECRETARY: Senator Farley.
18 SENATOR FARLEY: Aye.
19 THE SECRETARY: Senator Velella.
20 SENATOR VELELLA: Aye.
21 THE SECRETARY: Senator Babbush.
22 (There was no response.)
23 THE SECRETARY: Senator Present.
7208
1 SENATOR PRESENT: Aye.
2 THE SECRETARY: Senator Galiber.
3 SENATOR GALIBER: No.
4 THE SECRETARY: Senator Babbush.
5 (There was no response.)
6 THE SECRETARY: Senator Cook.
7 SENATOR COOK: Yes.
8 SENATOR KUHL: Now alphabetical
9 order, Secretary.
10 THE SECRETARY: Senator Bruno
11 voting in the affirmative. Senator Connor
12 voting in the negative.
13 Senator Cook.
14 SENATOR COOK: Yes.
15 THE SECRETARY: Aye.
16 Senator Daly voting in the
17 affirmative.
18 Senator DeFrancisco.
19 SENATOR DeFRANCISCO: Yes.
20 THE SECRETARY: Senator DiCarlo.
21 SENATOR DiCARLO: Aye.
22 THE SECRETARY: Senator
23 Dollinger.
7209
1 SENATOR DOLLINGER: Mr.
2 President. To explain my vote.
3 THE PRESIDENT: Senator Dollinger
4 is recognized to explain his vote.
5 SENATOR DOLLINGER: Mr.
6 President. I will vote in the negative. I
7 think that this bill moves away from New York's
8 longstanding policy of -
9 THE PRESIDENT: There will be
10 order in the chamber.
11 Senator Dollinger.
12 SENATOR DOLLINGER: I think this
13 bill moves away from New York's longstanding
14 policy of greater inclusion and moves in the
15 wrong direction by excluding specific agencies
16 and specific parts of agencies that directly
17 address the problems of specific and substantial
18 constituencies in this state.
19 This bill, while the sponsor may
20 think it's going in the right direction, is
21 going in the wrong one.
22 THE PRESIDENT: How do you vote.
23 SENATOR DOLLINGER: Negative. In
7210
1 the negative.
2 THE SECRETARY: Senator
3 Oppenheimer.
4 SENATOR OPPENHEIMER: No.
5 THE SECRETARY: Senator Espada.
6 SENATOR ESPADA: No.
7 THE SECRETARY: Senator Farley
8 aye. Senator Galiber no. Senator Gold no.
9 Senator Gonzalez.
10 SENATOR GONZALEZ: No.
11 THE SECRETARY: Senator Goodman.
12 (There was no response.)
13 Senator Hannon.
14 SENATOR HANNON: Yes.
15 THE SECRETARY: Senator Hoffmann
16 aye. Senator Holland.
17 SENATOR HOLLAND: Yes.
18 THE SECRETARY: Senator Johnson
19 aye. Senator Jones aye. Senator Kruger.
20 (There was no response.)
21 Senator Kuhl.
22 SENATOR KUHL: Aye.
23 THE SECRETARY: Senator Lack.
7211
1 SENATOR LACK: Aye.
2 THE SECRETARY: Senator Larkin.
3 (There was no response.)
4 Senator LaValle aye. Senator
5 Leichter no. Senator Levy aye. Senator
6 Libous.
7 SENATOR LIBOUS: Aye.
8 THE SECRETARY: Senator Maltese.
9 SENATOR MALTESE: Aye.
10 THE SECRETARY: Senator Marchi
11 aye. Senator Marino.
12 SENATOR MARINO: (Indicating
13 "Aye.")
14 THE SECRETARY: Aye. Senator
15 Markowitz.
16 SENATOR MARKOWITZ: No.
17 THE SECRETARY: Senator Mendez
18 no. Senator Montgomery no. Senator Nanula no.
19 Senator Nolan.
20 (There was no response.)
21 Senator Nozzolio.
22 SENATOR NOZZOLIO: Aye.
23 THE SECRETARY: Senator
7212
1 Ohrenstein.
2 SENATOR OHRENSTEIN: (Indicating
3 "No.")
4 THE SECRETARY: No. Senator
5 Onorato.
6 SENATOR ONORATO: No.
7 THE SECRETARY: Senator
8 Oppenheimer no. Senator Padavan aye.
9 Senator Pataki.
10 (There was no response.)
11 Senator Paterson.
12 SENATOR PATERSON: Mr.
13 President.
14 THE PRESIDENT: Senator Paterson
15 is recognized to explain his vote.
16 SENATOR PATERSON: Mr.
17 President. I'm going to vote against this bill
18 because I feel that it actually undermines and
19 dismantles the whole purpose of many agencies
20 that have been formulated in this state to
21 provide greater assistance and to provide what
22 would in a sense be a liaison between
23 communities that have been afflicted with issues
7213
1 such as poor housing and substance abuse and
2 high unemployment.
3 They have low voter
4 registrations. These are neighborhoods that
5 have not been shown in the past that government
6 has a great interest in their survival; and
7 therefore, by having these special avenues with
8 which government can reach these particular
9 constituencies, we in the state have allowed
10 ourselves to have a better opportunity to serve
11 them.
12 Economically, it is not the
13 greatest impact on our budget to have these
14 agencies. What we get back is far more than
15 what we spend. We would certainly never close
16 down any of our correctional facilities because
17 it would be good for our budget because we would
18 then be allowing prisoners on the streets of our
19 cities and our counties in the state. And,
20 likewise, to consolidate these offices would be
21 to deny them the uniqueness and rare opportunity
22 that they have to serve previously ignored
23 constituencies such as they have. For that
7214
1 reason, I'm going to vote against this
2 legislation.
3 Thank you, Mr. President.
4 THE SECRETARY: Senator Goodman.
5 SENATOR GOODMAN: Aye.
6 THE SECRETARY: Senator Present
7 aye. Senator Rath.
8 SENATOR RATH: Aye.
9 THE SECRETARY: Senator Saland.
10 SENATOR SALAND: Aye.
11 THE SECRETARY: Senator
12 Santiago.
13 (There was no response.)
14 Senator Sears.
15 SENATOR SEARS: Aye.
16 THE SECRETARY: Senator Seward.
17 SENATOR SEWARD: Yes.
18 THE SECRETARY: Senator Skelos
19 aye. Senator Smith.
20 SENATOR SMITH: No.
21 THE SECRETARY: Senator Solomon.
22 SENATOR SOLOMON: No.
23 THE SECRETARY: Senator Spano.
7215
1 SENATOR SPANO: Aye.
2 THE SECRETARY: Senator
3 Stachowski no. Senator Stafford aye. Senator
4 Stavisky.
5 SENATOR STAVISKY: No.
6 THE SECRETARY: Senator Trunzo
7 aye. Senator Tully aye. Senator Velella aye.
8 Senator Volker, excused. Senator Waldon.
9 (There was no response.)
10 Senator Wright.
11 SENATOR WRIGHT: Aye.
12 THE PRESIDENT: Call the
13 absentees.
14 THE SECRETARY: Senator Babbush.
15 (There was no response.)
16 Senator Kruger.
17 SENATOR KRUGER: No.
18 THE SECRETARY: Senator Larkin.
19 SENATOR LARKIN: Aye.
20 THE SECRETARY: Senator Nolan.
21 (There was no response.)
22 Senator Pataki.
23 SENATOR PATAKI: No.
7216
1 THE SECRETARY: Senator Santiago.
2 (There was no response.)
3 Senator Waldon.
4 (There was no response.)
5 THE PRESIDENT: Secretary will
6 report the results.
7 THE SECRETARY: Ayes 35. Nays
8 21.
9 THE PRESIDENT: The bill is
10 passed.
11 SENATOR KUHL: Mr. President.
12 THE PRESIDENT: Senator Kuhl.
13 SENATOR KUHL: Yes. We would
14 like to move away from the active list number 1
15 and go to active list number 2 and have the
16 Secretary call that on noncontroversial basis.
17 Now, you will note that the first
18 five bills on that active list are on the first
19 calendar. The rest of the bills are on
20 Supplemental Calendar Number 1. So we will be
21 using two calendars on the second active list
22 ask the Secretary to call it noncontroversial.
23 THE SECRETARY: On page 9 of the
7217
1 regular calendar, Calendar Number 492, by Member
2 of the Assembly Feldman, Assembly Bill Number
3 9115A, an act to amend the Real Property Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 60.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: On page 27 of the
14 regular calendar, Calendar Number 1381, by the
15 Senate Committee on Rules, Senate Bill Number
16 8679, an act to amend the General City Law.
17 THE PRESIDENT: There is a home
18 rule message at the desk.
19 Last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
7218
1 THE SECRETARY: Ayes 60.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: On page 28 of the
5 regular calendar, Calendar Number 1397, by
6 Senator Johnson, Senate Bill Number 8020A, an
7 act to amend the Education Law.
8 SENATOR ONORATO: Lay it aside.
9 THE PRESIDENT: The bill is laid
10 aside.
11 THE SECRETARY: 1461 is a high
12 bill.
13 Calendar Number 1468, on page 29,
14 by Senator Spano, Senate Bill Number 8748, an
15 act to amend the Retirement and Social Security
16 Law.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 60.
7219
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Now, going to
4 Supplemental Calendar Number 1, Calendar Number
5 1535. Senator Onorato moves to discharge the
6 Committee on Judiciary from Assembly Bill Number
7 573 and substitute it for the identical Third
8 Reading 1535, an act to amend the Family Court
9 Act.
10 THE PRESIDENT: Substitution
11 ordered.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 60.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1536. Senator Montgomery moves to discharge the
22 Committee on Rules from Assembly Bill Number
23 2876A and substitute it for the identical Third
7220
1 Reading 1536, authorizing the City of New York
2 to reconvey its interest in certain real
3 property.
4 THE PRESIDENT: Substitution
5 ordered. There is a home rule message at the
6 desk.
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 60.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1537. Senator Volker moves to discharge the
17 Committee on Rules from Assembly Bill Number
18 6891A and substitute it for the identical Third
19 Reading 1537, an act to amend the civil practice
20 law and rules.
21 THE PRESIDENT: Substitution
22 ordered.
23 Read the last section.
7221
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 60.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1538, by Senator Padavan, Senate Bill Number
10 5838, an act to amend the General Municipal Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 60.
18 THE PRESIDENT: The bill is
19 passed.
20 Senator Waldon.
21 SENATOR WALDON: Mr. President.
22 Due to compelling legislative business out of
23 the chamber when 1420 passed, I was not here. I
7222
1 wish the record to not had I been here, I would
2 have voted in the negative.
3 SENATOR KUHL: No objection.
4 THE PRESIDENT: Without
5 objection.
6 SENATOR WALDON: Thank you,
7 Senator Kuhl.
8 And also on the 29th, the same
9 situation occurred, and had I been present, I
10 would have been recorded or wished to have been
11 recorded at that time in the negative on 715,
12 1106, 1290, 1365, 1383 and 1408.
13 Thank you very much, Mr.
14 President.
15 THE PRESIDENT: The record will
16 so indicate.
17 SENATOR WALDON: Oh, I'm sorry.
18 Mr. President. I stand corrected. I was in
19 error regarding the numerical designation. It
20 was 1517.
21 THE PRESIDENT: That was the bill
22 you asked for unanimous consent.
23 SENATOR WALDON: That's correct.
7223
1 THE PRESIDENT: So ordered.
2 SENATOR WALDON: Thank you.
3 THE SECRETARY: Calendar Number
4 1540, by Senator Marchi, Senate Bill Number
5 6026B, an act to amend the Navigation Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 60.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1541. Senator Nolan moves to discharge the
17 Committee on Rules from Assembly Bill Number
18 9030A and substitute it for the identical Third
19 Reading 1541, by Assemblyman Canestrari, city
20 charter of the city of Cohoes.
21 THE PRESIDENT: Substitution
22 ordered.
23 Read the last section.
7224
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 60.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1542. Senator Velella moves to discharge the
10 Committee on Rules from Assembly Bill Number
11 9056 and substitute it for the identical Third
12 Reading 1542 an act to amend the Judiciary Law.
13 THE PRESIDENT: Substitution
14 ordered.
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 60.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: 1543. Senator
7225
1 Maltese moves to discharge the Committee on
2 Rules from Assembly Bill Number 9076 and
3 substitute it for the identical Third Reading
4 1543, an act to amend the Vehicle and Traffic
5 Law.
6 THE PRESIDENT: Substitution
7 ordered.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 60.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1545. Senator Maltese moves to discharge the
18 Committee on Transportation from Assembly Bill
19 Number 5110 and substitute it for the identical
20 Third Reading 1545, an act to amend the Vehicle
21 and Traffic Law.
22 THE PRESIDENT: Substitution
23 ordered.
7226
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 60.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1546, by Senator Present, Senate Bill Number
11 7014, an act to amend the General Municipal Law.
12 SENATOR ONORATO: Lay it aside.
13 THE PRESIDENT: The bill is laid
14 aside.
15 THE SECRETARY: Calendar Number
16 1547. Senator Rath moves to discharge the
17 Committee on Rules from Assembly Bill Number
18 10298 and substitute it for the identical Third
19 Reading 1547 authorizing the Town of Batavia to
20 establish the development felicitation
21 improvement district.
22 THE PRESIDENT: There is a home
23 rule message at the desk. Substitution is
7227
1 ordered.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 60.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1548. Senator Larkin moves to discharge the
12 Committee on Rules from Assembly Bill Number
13 10327A and substitute it for the identical Third
14 Reading 1548, an act to amend the Real Property
15 Tax Law.
16 THE PRESIDENT: Substitution
17 ordered. Last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 60.
23 THE PRESIDENT: The bill is
7228
1 passed.
2 THE SECRETARY: Calendar Number
3 1549. Senator DeFrancisco moves to discharge
4 the Committee on Rules from Assembly Bill Number
5 8886A and substitute it for the identical Third
6 Reading 1549.
7 SENATOR ONORATO: Lay it aside.
8 THE PRESIDENT: Substitution
9 ordered. The bill is laid aside.
10 THE SECRETARY: Calendar Number
11 1550, by the Committee on Rules, Senate Bill
12 Number 7965, an act to amend the Tax Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 60.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1551, by Senator Pataki, Senate Bill Number
7229
1 7988, an act to amend the Criminal Procedure
2 Law.
3 SENATOR ONORATO: Lay it aside.
4 THE PRESIDENT: The bill is laid
5 aside.
6 THE SECRETARY: Calendar Number
7 1552, by Senator Kuhl, Senate Bill Number 8150A,
8 an act to amend the Private Housing Finance -
9 SENATOR KUHL: Lay it aside.
10 THE PRESIDENT: The bill is laid
11 aside.
12 THE SECRETARY: Calendar Number
13 1553. Senator DeFrancisco moves to discharge
14 the Committee on Rules from Assembly Bill Number
15 376A and substitute it for the identical
16 Calendar Number 1553, an act to amend the
17 Correction Law.
18 THE PRESIDENT: Substitution
19 ordered.
20 Secretary will read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
7230
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 60.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1554, by Senator Sears, Senate Bill Number
8 8297A, an act to amend the County Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 60.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1555. Senator Trunzo moves to discharge the
20 Committee on Rules from Assembly Bill Number
21 10818 and substitute it for the identical Third
22 Reading 1555 to repeal Section 177B of the
23 Retirement and Social Security Law.
7231
1 THE PRESIDENT: Substitution
2 ordered.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 60.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1556, by Senator Tully, Senate Bill Number
13 8394B, an act to amend the Public Health Law.
14 SENATOR DOLLINGER: Lay it aside.
15 THE PRESIDENT: The bill is laid
16 aside.
17 THE SECRETARY: Calendar Number
18 1557. Senator DiCarlo moves to discharge the
19 Committee on Rules from Assembly Bill Number
20 11657 and substitute it for the identical Third
21 Reading 1557, an act to amend the Vehicle and
22 Traffic Law.
23 THE PRESIDENT: Substitution
7232
1 ordered.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 60.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1558, by Senator Nozzolio, Senate Bill Number
12 8488, an act to amend the Public Authorities
13 Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 60.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
7233
1 1559. Senator Johnson moves to discharge the
2 Committee on Rules from Assembly Bill Number
3 11802 and substitute it for the identical Third
4 Reading 1559, New York State Medical Care
5 Facilities Finance Agency Act.
6 THE PRESIDENT: Substitution
7 ordered.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 59. Nays
14 1. Senator Stavisky recorded in the negative.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1560. Senator Marchi moves to discharge the
19 Committee on Rules from Assembly Bill Number
20 11795, and substitute it for the identical Third
21 Reading 1560, City of New York to reconvey its
22 interest in certain real property.
23 THE PRESIDENT: Substitution
7234
1 ordered. There is a home rule message at the
2 desk.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 60.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1561. Senator Saland moves to discharge the
13 Committee on Rules from Assembly Bill Number
14 12068 and substitute it for the identical Third
15 Reading 1561 amends Chapter 524 of the Laws of
16 1987.
17 THE PRESIDENT: Substitution
18 ordered.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
7235
1 THE SECRETARY: Ayes 60.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1563. Senator LaValle moves to discharge the
6 Committee on Rules from Assembly Bill Number
7 9341 and substitute it for the identical Third
8 Reading 1563. The Senate bill is high. The
9 Assembly bill is not high. An act to amend the
10 Education Law.
11 THE PRESIDENT: Substitution
12 ordered.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 SENATOR ONORATO: Would you mind
19 laying 1563 aside, please?
20 THE PRESIDENT: The bill is laid
21 aside.
22 THE SECRETARY: Calendar Number
23 1564, by Senator Volker, Senate Bill Number
7236
1 8821, an act to amend the Education Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 SENATOR ONORATO: Lay it aside.
9 THE PRESIDENT: The bill is laid
10 aside.
11 THE SECRETARY: Calendar Number
12 1565, by the Senate Committee on Rules, Senate
13 Bill Number 8822, an act to amend the State
14 Finance Law.
15 SENATOR ONORATO: Lay it aside.
16 THE PRESIDENT: The bill is laid
17 aside.
18 THE SECRETARY: Calendar Number
19 1566, by Senator Padavan, Senate Bill Number
20 8823, an act to amend the Education Law.
21 SENATOR ONORATO: Lay it aside.
22 THE PRESIDENT: The bill is laid
23 aside.
7237
1 THE SECRETARY: Calendar number
2 1567, by Senator Skelos, Senate Bill Number
3 8829, an act to amend the Education Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes -
11 SENATOR ONORATO: Lay it aside.
12 THE PRESIDENT: The bill is laid
13 aside.
14 THE SECRETARY: Calendar Number
15 1568. Senator LaValle moves to discharge the
16 Committee on Rules from Assembly Bill Number
17 10926A and substitute it for the identical
18 Calendar Number 1568. The Senate bill is high.
19 The Assembly bill is not high. An act to amend
20 the Education Law.
21 THE PRESIDENT: The substitution
22 is ordered.
23 SENATOR KUHL: Lay the bill
7238
1 aside, please.
2 THE PRESIDENT: The bill is laid
3 aside.
4 THE SECRETARY: Calendar Number
5 1570, by Senator Connor, Senate Bill Number
6 5521A, authorizing the City of New York to
7 reconvey its interest in certain real property.
8 THE PRESIDENT: There is a home
9 rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 60.
16 THE PRESIDENT: The bill is
17 passed.
18 That completes action on the
19 noncontroversial calendar.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: I request
22 unanimous consent to be recorded in the negative
23 on Calendar Number 1351.
7239
1 THE PRESIDENT: Without
2 objection, so ordered.
3 SENATOR KUHL: I understand there
4 is housekeeping to be done at the desk. Can we
5 return to motion and resolutions.
6 THE PRESIDENT: Secretary will
7 read.
8 THE SECRETARY: On page 24 of the
9 regular calendar, Senator Holland moves to
10 discharge the Committee on Rules from Assembly
11 Bill Number 12128 and substitute it for the
12 identical Calendar Number 1227. The Senate bill
13 is high. The Assembly bill is not high.
14 THE PRESIDENT: Substitution
15 ordered.
16 Senator Nozzolio.
17 SENATOR NOZZOLIO: On behalf of
18 Senator Wright, on page 11, I offer the
19 following amendments to Calendar Number 591,
20 Senate Bill Number 6120B.
21 THE PRESIDENT: Amendments
22 received.
23 Senator Nozzolio.
7240
1 SENATOR NOZZOLIO: Motion to
2 amend a bill recalled from the Assembly. Mr.
3 President. I wish to call up my bill, Number
4 7174A, recalled from the Assembly, which is now
5 at the desk.
6 THE SECRETARY: By Senator
7 Johnson, Senate Bill Number 7174A, an act to
8 amend the Environmental Conservation Law.
9 SENATOR NOZZOLIO: Mr.
10 President. I now move to reconsider the vote by
11 which this bill was passed.
12 THE PRESIDENT: The Secretary
13 will call the roll on reconsideration.
14 (The Secretary called the roll on
15 reconsideration.)
16 THE SECRETARY: Ayes 60.
17 THE PRESIDENT: The bill is
18 before the house.
19 Senator Nozzolio.
20 SENATOR NOZZOLIO: Mr.
21 President. I now offer the following
22 amendments.
23 THE PRESIDENT: Amendments
7241
1 received.
2 Senator Kuhl.
3 SENATOR KUHL: May we now return
4 to reports of standing committees.
5 THE PRESIDENT: Secretary will
6 read.
7 THE SECRETARY: Senator Marino
8 from the Committee on Rules reports the
9 following bills directly for third reading:
10 Senate Bill Number 4603A, by
11 Senator Gonzalez, the City of New York to
12 reconvey its interest in certain real property.
13 4874B, by Senator Tully, an act
14 to amend the Real Property Tax Law.
15 5979A, by Senator Saland, an act
16 to amend the Tax Law and the Labor Law.
17 6493A, by Senator Padavan, an act
18 to amend the General City Law.
19 7958, by Senator Nolan, reopening
20 of the optional 20 year retirement plan to
21 Joseph N. Tory.
22 7961A, by Senator Saland, an act
23 to amend the Election Law.
7242
1 8168A, by Senator Tully, an act
2 to amend the Public Health Law.
3 8213B, by Senator Lack, an act to
4 amend the Insurance Law.
5 8422A, by Senator Velella, amends
6 Chapter 696 of the Laws of 1887.
7 8433A, by Senator Velella, an act
8 to amend the Insurance Law.
9 8591A, by Senator Trunzo, Civil
10 Service Law.
11 8635, by Senator Stavisky, City
12 of New York to reconvey its interest in certain
13 real property.
14 8702, by Senator DeFrancisco, in
15 relation to fire protection in the Village of
16 Liverpool.
17 8726, by Senator Levy, an act to
18 amend the Transportation Law.
19 8734, by the Committee on Rules,
20 amends Chapter of the Laws of 1994.
21 8738, by Senator Tully, an act to
22 amend the Insurance Law.
23 8745, by the Committee on Rules,
7243
1 amends Chapter 661 of the Laws of 1988, amending
2 the Correction Law, reported with amendments.
3 8750, by Senator Maltese, to
4 authorize Edward Kneafsy to purchase retirement
5 service credit.
6 8757, by Senator Skelos, Real
7 Property Tax Law.
8 8761, by Senator Saland, in
9 relation to validating certain zoning
10 ordinances.
11 8763, by Senator Saland, Public
12 Authorities Law.
13 8766, by Senator Bruno, an act to
14 amend the Tax Law.
15 8776, by Senator Bruno,
16 authorizing the city of Troy to issue serial
17 bonds.
18 8779, by the Committee on Rules,
19 allowing certain persons in the New York State
20 local employee retirement system.
21 8780A, by Senator Goodman, Real
22 Property Tax Law.
23 8180A, by Senator Lack, proposing
7244
1 an amendment to the Constitution.
2 8868, by Senator Lack, proposing
3 an amendment to the Constitution.
4 8869, by Senator Lack, proposing
5 an amendment to the Constitution.
6 8870, by Senator Lack, proposing
7 an amendment to the Constitution.
8 And 8372B, by Senator Skelos, an
9 act to amend the Insurance Law.
10 All bills reported directly for
11 third reading.
12 THE PRESIDENT: Third Reading.
13 Secretary will read.
14 THE SECRETARY: On page 12 of
15 today's calendar, Senator Levy moves to
16 discharge the Committee on Rules from Assembly
17 Bill Number 7151 and substitute it for the
18 identical Third Reading 644.
19 THE PRESIDENT: Substitution
20 ordered.
21 SENATOR KUHL: Mr. President.
22 THE PRESIDENT: Senator Kuhl.
23 SENATOR KUHL: Could we now stand
7245
1 at ease and await the report of the standing
2 committee, reports of Finance Committee.
3 THE PRESIDENT: Senate will stand
4 at ease.
5 (Whereupon, at 7:54 p.m., Senate
6 was at ease.)
7 ACTING PRESIDENT MALTESE:
8 Senator Goodman.
9 SENATOR GOODMAN: I want to be
10 please be recorded in the negative on Calendar
11 Number 1491.
12 ACTING PRESIDENT MALTESE:
13 Without objection.
14 SENATOR GOODMAN: Thank you, Mr.
15 President.
16 (The Senate continued at ease.)
17 ACTING PRESIDENT SKELOS: Senator
18 Levy.
19 SENATOR LEVY: Mr. President.
20 There will be a meeting of the Transportation
21 Committee at 9:00 in Room 124.
22 ACTING PRESIDENT SKELOS:
23 Transportation Committee at 9:00 in Room 124.
7246
1 ACTING PRESIDENT SKELOS: Senator
2 Levy.
3 SENATOR LEVY: Mr. President, like
4 to announce a meeting of the Transportation
5 Committee in Room 124 at 9:00 o'clock this
6 evening to consider the nomination of John Dyson
7 to the Metropolitan Transportation Authority
8 Board.
9 SENATOR GOLD: Well, hold on. Was
10 Senator Oppenheimer apprised of this meeting, as
11 the ranking member of the committee?
12 SENATOR LEVY: My recollection is
13 we told her we were going to have a hearing
14 later on tonight, and that we would be getting
15 the paperwork around to the committee members as
16 we have been doing it all day.
17 SENATOR GOLD: Yeah. Well, than
18 will the Senator yield to a question?
19 SENATOR LEVY: Yeah, sure.
20 SENATOR GOLD: I'll take Senator
21 Oppenheimer against any five of you guys, but
22 that's not the issue. There are people who are
23 assigned to a committee and, if you're having a
7247
1 hearing on nominees and these people are
2 appearing, the members of the committee are
3 entitled to be at the meeting.
4 SENATOR LEVY: But they have been
5 notified, Senator.
6 SENATOR GOLD: That's what I
7 asked you, were they notified before they went
8 out to dinner that you were going to call a 9:00
9 o'clock meeting? Now, that's an easy one.
10 SENATOR LEVY: May not be so easy
11 because I don't know when some of the members
12 went out to dinner, Senator.
13 SENATOR GOLD: Then they were
14 sent by your Majority Leader.
15 SENATOR LEVY: Senator Gold,
16 there were notices delivered to all of the
17 members of the committee setting forth the
18 bio's, the nomination from the Governor, and the
19 time of the meeting and it went to every member
20 of the committee. Now -
21 SENATOR GOLD: Then, are you
22 telling me then, on the record, that each of the
23 members of the committee -
7248
1 ACTING PRESIDENT SKELOS: Senator
2 Present, why do you rise?
3 SENATOR PRESENT: I think this
4 discussion maybe can be carried out between
5 Senator Levy and Senator Gold. We don't need
6 this here. The Senate is in recess until
7 10:30.
8 ACTING PRESIDENT SKELOS: The
9 Senate stands in recess until 10:30.
10 (Whereupon at 9:03 p.m., the
11 Senate recessed.)
12
13
14
15
16
17
18
19
20
21
22
23
7249
1 ....at 11:23 p.m.....
2 THE PRESIDENT: The Senate will
3 come to order. The Secretary will read.
4 Senator Present.
5 SENATOR PRESENT: Mr. President,
6 can we do the necessary housekeeping here first?
7 THE PRESIDENT: Yes, sir. That's
8 what we're about to do.
9 Senator Farley.
10 SENATOR FARLEY: Thank you, Mr.
11 President.
12 On behalf of Senator DiCarlo, I
13 wish to call up his bill, Print Number 6379-A,
14 which was recalled from the Assembly which is
15 now at the desk.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: By Senator
19 DiCarlo, Senate Bill Number 6379-A, an act to
20 amend the Penal Law, in relation to the sale of
21 controlled substances on school grounds.
22 SENATOR FARLEY: Mr. President, I
23 now move to reconsider the vote by which this
7250
1 bill was passed.
2 THE PRESIDENT: Call the roll on
3 reconsideration.
4 (The Secretary called the roll on
5 reconsideration.)
6 THE SECRETARY: Ayes 60.
7 SENATOR FARLEY: I now offer the
8 following amendments.
9 Mr. President, on behalf of
10 Senator Bruno, I wish to call up his bill,
11 Senate Print 7162 -
12 THE PRESIDENT: The Secretary
13 will read.
14 SENATOR FARLEY: -- which was
15 recalled from the Assembly which is now at the
16 desk.
17 THE SECRETARY: By Senator Bruno,
18 Senate Bill Number 7162, an act to amend the
19 Public Authorities Law.
20 SENATOR FARLEY: I now move to
21 reconsider the vote by which this bill was
22 passed.
23 THE PRESIDENT: Call the roll on
7251
1 reconsideration.
2 (The Secretary called the roll on
3 reconsideration.)
4 SENATOR FARLEY: I offer the
5 following amendments.
6 THE PRESIDENT: The amendments
7 are received.
8 SENATOR FARLEY: On behalf of
9 myself, Senator Farley, Mr. President, I wish to
10 call up my bill, Senate Print 8588, recalled
11 from the Assembly which is now at the desk.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: By Senator
15 Farley, Senate Bill Number 8588, an act to amend
16 the Public Housing Law.
17 SENATOR FARLEY: I now move to
18 reconsider the vote by which this bill was
19 passed.
20 THE PRESIDENT: Call the roll on
21 reconsideration.
22 (The Secretary called the roll on
23 reconsideration.)
7252
1 THE SECRETARY: Ayes 60.
2 SENATOR FARLEY: I offer the
3 following amendments.
4 THE PRESIDENT: The amendments
5 are received.
6 SENATOR FARLEY: On behalf of
7 Senator Johnson, I wish to call up his bill,
8 Print Number 7172, which was recalled from the
9 Assembly which is now at the desk.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: By Senator
13 Johnson, Senate Bill Number 7172, an act to
14 amend the Environmental Conservation Law.
15 SENATOR FARLEY: Mr. President, I
16 now move to reconsider the vote by which this
17 bill was passed.
18 THE PRESIDENT: Call the roll on
19 reconsideration.
20 (The Secretary called the roll on
21 reconsideration.)
22 THE SECRETARY: Ayes 60.
23 SENATOR FARLEY: I now offer the
7253
1 following amendments.
2 THE PRESIDENT: The amendments
3 are received.
4 Senator Present, do you have a
5 committee report from -
6 SENATOR PRESENT: No, you have
7 the committee report, Mr. President, and I ask
8 that it be read.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Senator Stafford,
12 from the Committee on Finance, reports the
13 following nomination:
14 Commissioner of Environmental
15 Conservation, J. Langdon Marsh of Albany.
16 THE PRESIDENT: At this point, I
17 would like to request that there be order in the
18 chamber. The question occurs on the
19 confirmation of the nominee. All those in favor
20 say aye.
21 (Response of "Aye".)
22 Contrary, nay.
23 (There was no response.)
7254
1 Senator Maltese.
2 SENATOR MALTESE: Excuse me.
3 THE PRESIDENT: Once again, the
4 question occurs on the confirmation of the
5 nominee, Langdon -
6 SENATOR GOLD: Mr. President.
7 THE PRESIDENT: Senator Gold.
8 SENATOR GOLD: Mr. President, I
9 think even in view of the late hour that there
10 should be something said, if for no other reason
11 than it is really a delight when we have
12 somebody who is not picked out of nowhere and we
13 have somebody who is being elevated to the rank
14 of commissioner who we can actually say
15 literally has spent a great part of his life
16 involved with this very subject matter and in
17 the department.
18 From 1983 to the present, the
19 executive deputy commissioner is not exactly a
20 newcomer to the field, and while he is hampered
21 by a Harvard education, the fact is that
22 everybody -- everybody who spoke at the
23 committee meeting today who had dealings with
7255
1 our new commissioner was very excited about the
2 concept of the gentleman taking over the top
3 job.
4 Commissioner Marsh has really
5 earned this and it's nice once in a while to get
6 a feeling that somebody can work in the
7 vineyards day after day and after dealing with
8 people for 16, 17 years, people still like him
9 and respect him, and now when the time comes to
10 be elevated, people do it with smiles on their
11 face and not in a begrudging way. I thought his
12 answers in the Finance Committee were excellent
13 and while I have been the first one to kid the
14 department on its memos, particularly these one
15 word memos that mean nothing, we have been
16 assured that we are going into a new world of
17 expanded intellect from the department in its
18 lobbying effort, but I express, I think, the
19 sentiment of the members on this side to say
20 that we are very proud of the Governor for this
21 nomination, and we wish the commissioner the
22 best of success.
23 THE PRESIDENT: Senator Farley.
7256
1 SENATOR FARLEY: Yeah. I rise to
2 second the nomination of Langdon Marsh. As a
3 former chairman of the Environmental
4 Conservation Committee, I worked very closely
5 with him and I feel that he's undertaking one of
6 the most difficult commissioner's jobs in state
7 government. It's a department that's very, very
8 active, and I expect that if there's anybody in
9 state government the number of years that he's
10 had, I believe he's spent 16 years in the
11 Environmental Conservation Agency, and I think
12 he's going to be an outstanding commissioner. I
13 think he'll be sensitive, and I think he'll be
14 -- he's always been very cognizant of the
15 Legislature in trying to resolve their problems
16 and I'm confident that he's going to continue to
17 do that. I support his nomination
18 enthusiastically.
19 THE PRESIDENT: Senator Mendez.
20 SENATOR MENDEZ: Mr. President, I
21 also rise in support of Commissioner Marsh for
22 the position of full commissioner of the -- of
23 the Environmental Conservation agency.
7257
1 I was very much impressed with
2 his answers to some questions that are -- some
3 problems and issues that are so terribly
4 important to the district that I represent and
5 to other minority districts in the city of New
6 York. See, for too long, Mr. President, his
7 agency has been practicing virulent
8 environmental racism and that agency also has a
9 very bad record concerning the appointment of
10 top policy levels of Puerto Ricans and
11 African-Americans, so I was very satisfied with
12 what he intends to do to remedy those two
13 situations.
14 He has excellent qualifications
15 for the position and I think that the other
16 events of that department, as it has been shown
17 in previous years would dissipate through his
18 leadership, so it is with great joy that I
19 second his nomination for that position hoping,
20 and I think that the hopes are well founded,
21 that the agency, through his leadership will
22 mend its terrible ways of the past.
23 Thank you, Mr. President.
7258
1 THE PRESIDENT: Senator Larkin.
2 SENATOR LARKIN: Mr. President, I
3 rise in support of this nomination. I have had
4 the pleasure of working with Mr. Marsh for a
5 number of years, both hear in the Legislature
6 and back as a town supervisor. One of the
7 things that I think has always impressed me
8 about Mr. Marsh was the fact that if he told you
9 something, you could guarantee that he would be
10 back to you. You may not always like the
11 decision that he gave you, but you always knew
12 that he would take your interests and that of
13 the concerns of the people you represented.
14 He's not only made himself available from Albany
15 but he's made himself available on the sites
16 back at home where the people really want to
17 know what DEC is doing.
18 Many times when the people found
19 the issues that he disagreed with them on, they
20 were willing to work with him, and he was
21 willing to work with them. I've seen many
22 projects in the Hudson Valley that probably
23 never would have been completed without his
7259
1 personal intervention. I can go back to the
2 bonds issue. He was willing to come back to our
3 small villages, towns and make a discussion and
4 let the people know why he stood for what he was
5 going after. I think he's going to be an
6 outstanding commissioner. He deserves it and
7 I'm very proud of him.
8 THE PRESIDENT: Senator Johnson.
9 SENATOR JOHNSON: Mr. President,
10 I would just like to add my voice of support for
11 the nomination of Langdon Marsh. I've worked
12 with him for many years in his position as
13 deputy. He's always had an open ear, an open
14 mind and when it looked like problems were
15 unsolvable, in many cases he's been able to
16 resolve them. Now he's going to be the
17 commissioner, I'm sure -- I know if we call upon
18 him, he will be responsive to the needs of our
19 constituents of the state of New York and I look
20 forward to a new burst of enthusiasm tempered
21 with reason for environmental causes in this
22 state and I warmly support his nomination.
23 THE PRESIDENT: Senator Marchi.
7260
1 SENATOR MARCHI: Mr. President,
2 we've had several speakers get up and elicit the
3 respect that they have for his professional
4 attainments and, of course, everyone who has had
5 contact with him in various settings are
6 affected with his own expertise and profession.
7 You found a unanimity of views, but I have to
8 say that you won me over completely when I read
9 that you were a cum laude graduate of Harvard in
10 the subject of English literature, and anyone
11 who has had that enriching experience, that
12 broad humor, broad humanity, understanding of
13 humanity that is imparted by anyone who pursued
14 that diligently over a period of years,
15 certainly is uniquely equipped to take on almost
16 any responsibility when it's accompanied by the
17 qualities that have been recited so well here
18 this evening, so I endorse it with all of my
19 enthusiasm, and good luck.
20 THE PRESIDENT: Senator Nozzolio.
21 SENATOR NOZZOLIO: Thank you, Mr.
22 President.
23 Mr. President, my colleagues, I
7261
1 rise in joining my colleagues in support of this
2 nomination. I have had some very direct
3 exposure with the commissioner during the past
4 few months in a very serious environmental
5 problem in the central Finger Lakes and we have
6 been working together trying to resolve an issue
7 that affects over 60,000 homes and drinking
8 water in the city of Auburn regarding Owasco
9 Lake, and I applaud the commissioner's attention
10 in his support for us trying to work out what's
11 best in the interests of our people, and,
12 commissioner, I wish you well in the remainder
13 of your tenure and add my name to the support of
14 your nomination.
15 THE PRESIDENT: The question
16 occurs on the nomination -
17 SENATOR STAFFORD: Mr. President.
18 THE PRESIDENT: Senator Stafford.
19 SENATOR STAFFORD: I point out, I
20 didn't notice Harvard before. Anybody from
21 Columbia sometimes, that's a problem, but it
22 won't be here -- it won't be here, and what we
23 discussed this afternoon, I think we could see
7262
1 that what was emphasized both by the nominee and
2 the gentleman to be commissioner and all
3 visiting was that so often what you say, it's
4 not necessarily what you say but how you say it,
5 and I think we could see that that's a real
6 concern to the proposed commissioner and I too
7 support the nomination.
8 THE PRESIDENT: If there are no
9 other seconding speeches, the question now
10 occurs on the confirmation of the nominee.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President, I
13 would like to have the record show that I would
14 be recorded in the negative on this nomination,
15 please.
16 THE PRESIDENT: The record will
17 so indicate.
18 On the confirm -- Senator Seward.
19 SENATOR SEWARD: Mr. President, I
20 would also like the record to show that I am
21 voting against the confirmation.
22 THE PRESIDENT: Senator Wright.
23 SENATOR WRIGHT: Mr. President,
7263
1 please have the record reflect that I'm voting
2 in the negative on the confirmation.
3 THE PRESIDENT: On the
4 nomination. All those in favor say aye.
5 (Response of "Aye".)
6 Contrary, nay.
7 (There was no response.)
8 The nominee is confirmed, J.
9 Langdon Marsh of Albany as Commissioner of
10 Environmental Conservation.
11 (Applause.)
12 The Secretary will read.
13 THE SECRETARY: Senator Stafford,
14 from the Committee on Finance, reports the
15 nomination of Virginia M. Apuzzo of Kingston, as
16 a member of the state Civil Service Commission.
17 SENATOOR CONNOR: Mr. President.
18 THE PRESIDENT: Senator Connor.
19 SENATOOR CONNOR: Thank you, Mr.
20 President.
21 I rise as the ranking Minority
22 member on the Civil Service and Pensions
23 Committee. I guess among some other things I've
7264
1 done, I've done that for the last 17 years, but
2 more importantly, I rise because Virginia Apuzzo
3 is someone who has been a friend for many years
4 and with whom I'm well acquainted and I didn't
5 want her confirmation to go by without adding
6 just a few words to the record.
7 Ginny Apuzzo has been in public
8 service for the past 26 or 27 years in a variety
9 of positions. She is going to the Civil Service
10 Commission after serving as the executive deputy
11 commissioner in the New York State Division of
12 Housing and Community Renewal. She has served
13 at the Consumer Protection Board. She has
14 served in the Executive Chamber. She has served
15 in a variety of positions which have advanced
16 the consciousness in our state and in our nation
17 about issues and principles which are very, very
18 important. She has been a leader in her
19 community, and when I look and see that she now
20 hails from Kingston, don't believe it, Mr.
21 President.
22 Virginia Apuzzo is from
23 Brooklyn. Everybody knows that. I know that.
7265
1 Senator Galiber insists on Kingston, I
2 understand, but don't let anyone fool you.
3 Virginia Apuzzo represents the best from
4 Brooklyn as that borough is famous for producing
5 Americans who care, who lead, who fought and
6 have courage and go forward, and with respect to
7 her competence, I think her record is clear, her
8 many years of service show that and I certainly
9 look forward to her service at the Civil Service
10 Commission. I think she would be a leader in
11 advancing the interests of New York State's work
12 force in seeing that that work force represents
13 the people of this state, that it comes from the
14 people of this state and works for the people of
15 this state, all the people of this state. I
16 think she will be innovative in applying the
17 latest information and techniques with respect
18 to personnel selection and management and
19 training and advancement. I think we will see
20 that she will continue to lead the Civil Service
21 Commission in moving forward to reflect all the
22 citizens of our state, reflect minorities,
23 reflect women, reflect the various sections of
7266
1 our state geographically, so I really look
2 forward to cooperating with the new commissioner
3 at the Civil Service Commission, my friend
4 Virginia Apuzzo, and I urge her confirmation.
5 THE PRESIDENT: Senator Mendez.
6 SENATOR MENDEZ: Mr. President, I
7 also rise in support of the nomination of
8 Virginia Apuzzo as Civil Service commissioner.
9 I am most impressed with her
10 qualifications for the job. One thing that
11 really stands out is her understanding as to how
12 terribly bad Puerto Ricans and Hispanics have
13 done in terms of the work force in all the
14 agencies of New York State. The last statistics
15 that I got, Mr. President, about the numbers of
16 Puerto Rican Hispanics working in the different
17 agencies of New York State is so appalling, it
18 is worse than at the time that the previous
19 Governor, Governor Hugh Carey, was at the helm
20 of the state of New York.
21 I am sure, and I feel certain
22 that Ms. Apuzzo knows that that is the situation
23 and finally we are very hopeful that finally we
7267
1 will have one Civil Service commissioner that
2 will take it upon herself to inquire after the
3 reasons why this devastating situation has been
4 occurring for so long. So, with all my trust in
5 her, I think that this is a magnificent
6 appointment and I feel pretty certain that she
7 will reach out to find out not only the reasons
8 why this has been a fact but also to find
9 remedies to correct that incredible, horrible
10 situation.
11 Thank you, Mr. President.
12 THE PRESIDENT: Senator Smith.
13 SENATOR SMITH: Thank you, Mr.
14 President. I, too, rise in support of the
15 nomination of Virginia Apuzzo as a member of the
16 state Civil Service Commission. Ginny Apuzzo
17 has a proven record in government. She has been
18 there for all of us and she has been a mentor
19 for most of us, and we thank her for that, and
20 we know that she will continue the good work
21 that she has started in government.
22 THE PRESIDENT: Senator Leichter.
23 SENATOR LEICHTER: Mr. President,
7268
1 I rise just as a friend and an admirer of Ginny
2 Apuzzo, and I'm just delighted that the Governor
3 has appointed her to this important position.
4 The hour is late and I can't go into any great
5 detail about all of her experience, but I just
6 tell you, my colleagues, the Governor has
7 appointed somebody with a wonderful background,
8 great administrative ability, and I think she's
9 going to bring good leadership to the Civil
10 Service Commission. I am delighted that she's
11 going to be confirmed to this position.
12 Thank you.
13 THE PRESIDENT: Senator
14 Montgomery.
15 SENATOR MONTGOMERY: Thank you,
16 Mr. President.
17 I rise to join my colleagues in
18 commending the Governor for making an
19 appointment for this time in the history of the
20 state that is most, I think, strategic and
21 important and that is a person who has the kind
22 of experience and background of Ginny Apuzzo,
23 but who also has the very particular
7269
1 sensitivities to some of the issues that are, I
2 think, extremely important as it relates to the
3 civil service system in our state. We know that
4 that system is skewed. We know that women and
5 minorities are at the vast bottom of the running
6 and I know that Ginny, because we have been
7 friends for many years, and because I know of
8 her particular interest in the whole issue of
9 women's rights, civil rights and all of those
10 struggles that I too believe so -- so avidly and
11 that she will bring to that position a
12 determination to do something about it, because
13 I know that she has the skill and the will and
14 the guts to do it and, so, Ginny, I join in
15 complimenting and praising the Governor and
16 looking forward to working with you and wish you
17 all the best and want to be supportive of you as
18 you move to make the significant changes in our
19 state and our state employment that more
20 reflects our state population.
21 Thank you, Mr. President.
22 THE PRESIDENT: The -- Senator
23 Gonzalez.
7270
1 SENATOR GONZALEZ: Yes, Mr.
2 President.
3 Very briefly. Also, I rise to -
4 in support and commend the Governor for this
5 appointment, and Virginia Apuzzo has been a
6 friend and we've worked together, from Kingston
7 to Brooklyn, to the Bronx, she's worked hard
8 with all my colleagues, that she is wonderful
9 appointment for this -- by the Governor, and I
10 too commend her and wish her well.
11 Thank you, Mr. President.
12 THE PRESIDENT: Senator
13 Oppenheimer.
14 SENATOR OPPENHEIMER: I also want
15 to congratulate the Governor and congratulate
16 Ginny. I know she's going to do a terrific
17 job. She has worked with me at DHCR and has
18 been a terrific friend, bright, capable,
19 intelligent, hard-working, motivated and has the
20 drive to do any job she's appointed to. She's
21 had a lot of experience in a lot of different
22 areas. She's done the job and I'm looking
23 forward to working with you, Ginny.
7271
1 THE PRESIDENT: Senator Goodman.
2 SENATOR GOODMAN: Mr. President,
3 I have had the great pleasure of working with
4 Virginia Apuzzo on a very sensitive council, the
5 AIDS Advisory Council. We got to know one
6 another when this was created approximately
7 eight years ago and during its very difficult
8 period of operation, I've come to develop the
9 highest respect for her. She's an individual of
10 keen judgment, of great diplomacy in areas that
11 require it and of deep conviction and a sense of
12 great social responsibility. It seems to me,
13 Mr. President, that these are precisely the
14 qualities which are needed in the job for which
15 we are -- these are precisely the qualities
16 which are needed in the job for which we are
17 considering this nominee and it's a great
18 pleasure to speak on her behalf. I know she
19 will perform her duties admirably, and I hope
20 the chamber will promptly speed her passage to
21 completion.
22 Thank you.
23 THE PRESIDENT: The question -
7272
1 Senator Galiber.
2 SENATOR GALIBER: Thank you, Mr.
3 President.
4 Most of the things that have been
5 said I agree with. The Governor every now and
6 then comes up with an excellent appointment.
7 We've seen him do some things not as great as
8 he's done with this appointment. I've had the
9 privilege and honor to work, from time to time,
10 with the commissioner. She's an outstanding
11 administrator, a people-oriented person, the
12 kind of complement that we need in government
13 has always been part of her life style and part
14 of her overall commitment to the people of the
15 state of New York and, yea, perhaps the state of
16 this great country of ours, so I would like to
17 add my voice to the others and second the
18 nomination of a people person who is committed
19 to people and committed to causes which sorely
20 need attention these days.
21 You mentioned about the
22 affirmative action. We know you're going to
23 have a difficult task and it's going to call on
7273
1 all the imagination that you possibly have when
2 persons come before us and promise us quality
3 opportunity and that's all we really see, but
4 affirmative action becomes difficult when you
5 have restraints such as you do in the Civil
6 Service Commission.
7 We had a previous commissioner
8 who was innovative, and attempts were made to
9 stop him at a juncture where he looked forward
10 to appointing those persons who heretofore have
11 been left out of the mainstream of our society
12 for a number of stumbling blocks that were put
13 there almost by design. So, Commissioner, I
14 want you to know that this body -- I don't speak
15 for the entire body but certainly my colleagues
16 in government, that we stand prepared to have
17 you come back to us. It's not the last time we
18 want to visit with you, and wherever we -- you
19 feel that we could be of assistance in the
20 furtherance of your responsibility, please don't
21 hesitate to call on us.
22 Congratulations.
23 THE PRESIDENT: Senator Maltese.
7274
1 SENATOR MALTESE: Mr. President,
2 I ask that the record indicate that I am
3 recorded in the negative on this nomination.
4 THE PRESIDENT: The record will
5 so indicate.
6 Senator DiCarlo.
7 SENATOR DiCARLO: Mr. President,
8 let the record indicate that I'm recorded in the
9 negative.
10 THE PRESIDENT: The record will
11 so indicate.
12 THE PRESIDENT: Senator Holland.
13 SENATOR HOLLAND: I would like to
14 also be recorded in the negative.
15 SENATOR RATH: Negative.
16 THE PRESIDENT: Senator Nozzolio,
17 Senator Rath.
18 The question occurs on the
19 confirmation of the nominee.
20 Senator Libous so indicates.
21 The question occurs on the
22 confirmation of the nominee. All those in favor
23 say aye.
7275
1 (Response of "Aye".)
2 Opposed, nay.
3 (There was no response.)
4 The ayes have it. The nominee is
5 confirmed, Virginia M. Apuzzo of Kingston as a
6 member of the state Civil Service Commission.
7 Congratulations.
8 (Applause.)
9 The Secretary will read.
10 Senator Waldon.
11 SENATOR WALDON: Thank you very
12 much, Mr. President.
13 I respectfully request unanimous
14 consent to be recorded in the negative on the
15 confirmation hearing of Langdon Marsh.
16 THE PRESIDENT: Without
17 objection, so ordered -- or the record will so
18 indicate.
19 THE SECRETARY: Senator Stafford,
20 from the Committee on Finance, reports the
21 nomination of Thomas G. Young of Syracuse as a
22 trustee of the Power Authority of the state of
23 New York.
7276
1 SENATOR SEWARD: Mr. President.
2 THE PRESIDENT: Senator Seward.
3 SENATOR SEWARD: Yes, Mr.
4 President.
5 On Thursday, the Senate Energy
6 Committee conducted a confirmation hearing on
7 the nominee, Thomas Young, to be a trustee of
8 the Power Authority, and I'm pleased to report
9 that we recommended his approval for that
10 position to the full Senate. He is being
11 confirmed as a trustee of the Power Authority of
12 the state of New York. However, he is
13 designated to become chairman of the Authority.
14 It's no secret that these have
15 been some challenging times for the Power
16 Authority, but I'm fully confident that Thomas
17 Young is just the individual to lead the Power
18 Authority in these challenging times.
19 There's been some restructuring
20 at the Power Authority. For the first time, the
21 chairman will not be also the chief executive
22 officer of the Authority, and I have some
23 concerns about that. However, during our
7277
1 hearing, Mr. Young fully satisfied any
2 apprehension that I may have had regarding that
3 development and he has displayed a very keen
4 awareness of the issues and his declaration that
5 as chairman of the Authority, he will make sure
6 that Authority policy will take place within the
7 confines of the law, and he certainly has
8 demonstrated his desire to be responsive to the
9 Authority customers and to others in New York
10 State, including state government.
11 He has a keen understanding of
12 the issues and he has the managerial experience
13 and record of public service to be an
14 outstanding chairman of the Power Authority, and
15 I'm pleased to add my voice in support of this
16 confirmation.
17 THE PRESIDENT: Senator Daly.
18 SENATOR DALY: Thank you very
19 much, Mr. President.
20 I'm also delighted to rise in
21 support of the nomination of Thomas Young to the
22 Board of Trustees of the state Power Authority.
23 I've known the mayor of Syracuse
7278
1 for several years. Although we didn't see each
2 other too frequently, I know at least once each
3 year, we were able to get together and celebrate
4 a very special holiday (laughter). Yes, Mr.-
5 you were with us some of those days too, I mean
6 Lieutenant Governor.
7 This has been a long and
8 frustrating wait for Tom Young that began back
9 in the snowy days of early December when the
10 Governor announced that he was selecting Mr.
11 Young to succeed the -- Dick Flynn, chairman of
12 the Power Authority, but unfortunately, Tom got
13 caught in the middle of a disagreement and
14 things dragged on, and I was wondering if it
15 would ever happen, but finally the Governor did
16 send his name down, and the chairman of the
17 Energy Committee saw fit to move Tom Young's
18 nomination most expeditiously.
19 I'm delighted that Senator Seward
20 did that. I think the Governor has made a good
21 choice and I'm glad to welcome him, indeed, to
22 the Board of Trustees since I have a pretty
23 active concern about the Power Authority,
7279
1 particularly since one of its largest or I
2 should say its largest facility is my district.
3 I'm sure Tom Young and I will have lots to talk
4 about in the future.
5 THE PRESIDENT: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: I'm also
8 pleased to rise in support of the nomination of
9 Thomas Young, our former mayor of the city of
10 Syracuse.
11 As a member of the City Council
12 and later as its president, I got to work very
13 closely with Mayor Young who initiated some very
14 innovative programs in the city of Syracuse and
15 definitely left his mark, a long-lasting mark
16 that will be hopefully built upon in future
17 years to change the direction of the city and
18 get it moving in a very positive way.
19 Although he's had to wait a long
20 time for this, and I know it's been very
21 difficult for both Tom and the members of his
22 family, I know that it's going to be well worth
23 waiting for for Mr. Young as well the residents
7280
1 of the state of New York. He's an honorable man
2 with utmost integrity and he's going to do a
3 fine job, and it's also very nice to see a
4 nomination from Central New York, the heart of
5 the state of New York at this, our all-night
6 session that I'm sure Tom Young is very pleased
7 to be at.
8 Congratulations and I hope this
9 nomination is a unanimous one.
10 THE PRESIDENT: The question
11 occurs -
12 Senator Mendez.
13 SENATOR MENDEZ: Mr. President, I
14 also rise in support of the nomination of Mayor
15 Young to the Public Service Commission, right?
16 -- the Public Service Commission.
17 In the same way that oftentimes I
18 criticize those who have shown no sensibility at
19 all to minorities, including, of course,
20 African-Americans, Puerto Ricans and women, I
21 must -- I felt I must rise now because as his
22 tenure of mayor in the city of Syracuse, the
23 youngest mayor that has served there, he had the
7281
1 sensitivity to -- to revitalize the Minority
2 Affairs Advisory Council and created the
3 Syracuse Commission on Women -- for Women, the
4 Latino Task Force and the Mayor's Advertising
5 Council -- Advisory Council, so that this man,
6 in his political career has shown great
7 sensitivity to African-Americans, Puerto Ricans
8 and women, and we feel very certain that those
9 concerns will reflect in the policies that he
10 will support in the -- in his new position.
11 It is really most rewarding to
12 stand up -- stand up for a man who has done so
13 well for so many people.
14 Thank you, Mr. President.
15 THE PRESIDENT: The question
16 occurs on the confirmation of the nominee. All
17 those in favor say aye.
18 (Response of "Aye".)
19 Opposed, nay.
20 (There was no response.)
21 The ayes have it. The nominee is
22 confirmed, Thomas G. Young of Syracuse to be a
23 trustee of the Power Authority of the state of
7282
1 New York. Congratulations, Tom Young.
2 (Applause.)
3 THE PRESIDENT: They don't allow
4 me to speak, or I would say that I was glad to
5 see that some good things happen to all the
6 mayors.
7 The Secretary will read.
8 THE SECRETARY: Senator Stafford,
9 from the Committee on Finance, reports the
10 following nominations: Sandra Morales-Deleon of
11 New York City, Sean McSherry of Chester and
12 Daniel B. Tauriello of Buffalo, as members of
13 the state Board of Parole.
14 THE PRESIDENT: Senator Mendez.
15 SENATOR MENDEZ: Mr. President, I
16 really rise with great joy, really, great joy,
17 urging my colleagues to confirm this young
18 Puerto Rican woman who is a professional
19 specialized in the field of -- in the field of
20 -- of the criminal justice system.
21 Her work throughout her
22 professional career has been dedicated to -
23 been very much dedicated in this area, and she's
7283
1 my constituent, my friend, and a Puerto Rican
2 woman that I admire tremendously, because
3 through her tenacity and hard work, she was able
4 to succeed in the academic sphere and also in
5 her professional -- the profession that she
6 chose to follow.
7 So I urge all my colleagues to
8 support the nomination of this wonderful, young,
9 bright and committed Puerto Rican woman, and I
10 really must congratulate the Governor for
11 finally submitting her appointment for
12 confirmation.
13 Thank you, Mr. President.
14 THE PRESIDENT: Senator Maltese.
15 SENATOR MALTESE: Mr. President,
16 the hour is late, but I could not let the
17 opportunity go by to second the nomination of
18 Sean McSherry for the position of member of the
19 state Board of Parole.
20 Sean brings to the position again
21 the -- a vast background of experience as a
22 practicing attorney, a gentleman who has already
23 performed most ably in the position but in
7284
1 addition, knows the background of working with
2 his hands at a variety of occupations and brings
3 a streetwise, at the same time, keen legal,
4 analytical and humane approach to the office of
5 member of the state Board of Parole, and I most
6 enthusiastically second his nomination.
7 SENATOR GALIBER: Mr. President.
8 THE PRESIDENT: Senator Galiber.
9 SENATOR GALIBER: I yield to
10 Senator -
11 THE PRESIDENT: Senator
12 Stachowski.
13 SENATOR STACHOWSKI: Well, I
14 really wasn't going to say anything because of
15 the lateness of the hour, but I would like to
16 rise and second the nomination of Daniel
17 Tauriello of Buffalo. Since the people for the
18 respective other nominees have risen, I figure
19 we can't let Mr. Tauriello go by without
20 mentioning that he has had a very distinguished
21 first appointment to the Parole Board and before
22 that, he was an excellent police officer in the
23 city of Buffalo, and we're just glad that the
7285
1 Governor saw fit to renomimate, reappoint Daniel
2 Tauriello of Buffalo.
3 THE PRESIDENT: Senator Galiber.
4 SENATOR GALIBER: Yes, thank you
5 Mr. President.
6 I rise to second the nomination
7 of Sean McSherry. I had an opportunity this
8 afternoon to chat with him about his past
9 experience in Bronx County.
10 I had waited for this opportunity
11 for a long while because he was a tough
12 prosecutor, and on those rare occasions when I
13 practiced law in Bronx County, I had occasion to
14 go before him and ask for a favorable
15 disposition called plea bargain, and he was
16 tough, but he was fair. I would have liked to
17 walk away from my courtroom doing a bit better
18 but I knew that he was a no-nonsense person, a
19 person who respected his job in the community,
20 someone who took his responsibilities
21 seriously.
22 Now, through all of the parole
23 officers, I have a reputation and most of you
7286
1 have heard from me, read some letters that I
2 send you, from time to time, supporting persons
3 who come before you, and as I chatted with Mr.
4 -- Sean today, asking him how fair he has been
5 in the past, and the commissioner himself said,
6 "Well, Joe, I want you to talk a little loud to
7 them" because he's a tough parole officer but a
8 good one, and he's proud to have you and we are
9 proud in Bronx County that you spent some time
10 in your life there, with your family and
11 particularly, your brother who I know
12 personally, and now that you've moved on a bit
13 just over the border, we still think of you as
14 being a Bronxite, and that your home is truly in
15 the Bronx.
16 So I am proud that you are among
17 the other two persons who are serving this great
18 state of ours, and I want you to know that, from
19 time to time, we come from a different
20 perspective in terms of recommendations, but we
21 know that you have a difficult, difficult job to
22 perform, and as my experience has taught me,
23 rarely do I have some real problems with a
7287
1 particular parole officer because I recognize on
2 balance that you have a keen responsibility to
3 the total public.
4 So I'm proud to second your
5 nomination, proud to have been part of your
6 visit to Bronx County and proud to have known
7 you in your professional capacity, and may God
8 bless you all and keep you.
9 THE PRESIDENT: Senator Gonzalez.
10 SENATOR GONZALEZ: Mr. President,
11 thank you.
12 I rise -- we have for the three
13 members of the state parole and the hour is
14 late, but in particular, Sandra Morales-DeLeon,
15 a woman from the East Harlem or as we call it,
16 barrio, and I'm very proud of her, continue to
17 do her work as well as the others and I wish
18 them well.
19 Thank you, Mr. President.
20 THE PRESIDENT: The question
21 occurs on the confirmation of the nominees. All
22 those in favor say aye.
23 (Response of "Aye".)
7288
1 All those opposed, nay.
2 (There was no response.)
3 The ayes have it. The nominees
4 are confirmed: Sandra Morales-Deleon of New
5 York City, Sean McSherry of Chester and Daniel
6 B. Tauriello of Buffalo as members of the state
7 Board of Parole.
8 Congratulations.
9 (Applause.)
10 THE SECRETARY: Senator Stafford,
11 from the Committee on Finance, reports the
12 nomination of Lorraine Felegy, Esq. of Delmar as
13 a member of the Crime Victims Board.
14 SENATOR GOLD: Mr. President.
15 THE PRESIDENT: Senator Gold.
16 SENATOR GOLD: Mr. President,
17 this is a delightful nomination. It is a
18 reappointment of a lovely lady who has served as
19 a member of this board since 1991.
20 Prior to that, she had been
21 General Counsel to the board, and as I mentioned
22 with the Commissioner of the Department of
23 Environmental Conservation, I think it is really
7289
1 wonderful when people are just not picked out of
2 places for political reasons and put into jobs.
3 I think it's wonderful when people work in an
4 agency, develop an expertise, show a certain
5 sensitivity as well as ability and then move up
6 to a position of greater responsibility, and I
7 can tell you that I have a warm spot in my heart
8 for the Crime Victims Board. I had the honor of
9 drawing the original law that created the board
10 back in the 1960s and I've seen it progress all
11 the way through, and we are honored tonight to
12 reconfirm this lovely lady who has, in her work,
13 shown great sensitivity to the problems of
14 victims, and while we talk all the time about
15 who's worrying about the victims, when the
16 criminals are getting, this and that, well, all
17 you got to do is look in the balcony, that's the
18 lady who's worrying about the victims, and I
19 congratulate the Governor for this
20 reappointment.
21 THE PRESIDENT: The question
22 occurs on the nomination. All those in favor
23 say aye.
7290
1 (Response of "Aye".)
2 Opposed, nay.
3 The ayes have it. The nominee is
4 confirmed, Lorraine Felegy of Delmar as a member
5 of the Crime Victims Board.
6 The Secretary will read the
7 balance of the appointments.
8 THE SECRETARY: Senator Stafford,
9 from the Committee on Finance, reports the
10 following nominations:
11 Member of the State Council on
12 the Arts: Sister M. Irene Fugazy of Ardsley,
13 Shelby Zaldin Modell of Hewlett Harbor, Gary L.
14 Mucci of Buffalo, Richard J. Schwartz of
15 Scarborough.
16 Member of the Empire State Plaza
17 Art Commission: Barbara Kaiser Bray of Albany
18 and Matilda Cuomo of Albany.
19 Banking Member of the state
20 Banking Board: John B. Robinson, Jr. of
21 Loudonville and George J. Vojta of Bronxville.
22 Public Member of the State
23 Banking Board: Dayna J. Wilkinson of New York
7291
1 City.
2 Member of the Life Care Community
3 Council: Robert W. Kirk, DVM of Ithaca and
4 Edward Charles Weeks of Buffalo.
5 Member of the Mental Health
6 Services Council: Kenneth B. Goldstein of
7 Huntington, Fred Mednick of Staten Island.
8 Member of the Public Health
9 Council: Dr. Cutberto Garza of Ithaca.
10 Member of the Ogdensburg Bridge
11 and Port Authority: Reverend Monsignor Robert J.
12 Giroux of Waddington, Patrick E. Hackett of
13 Ogdensburg, Bernard S. Sperling of Ogdensburg.
14 Member of the Rochester-Genesee
15 Regional Transportation Authority: Ross W.
16 Roberts of Perry, Miriam R. Shapiro of Rochester
17 and Sandra Stephens of Rochester.
18 Member of the Passenger Tramway
19 Advisory Council: Renelda Higgins walker of
20 Poughkeepsie.
21 Member of the New York State
22 Hospital Review and Planning Council: Paul E.
23 Haney of Rochester and Anthony Watson of New
7292
1 York City.
2 Member of the Board of Directors
3 of the New York State Martin Luther King
4 Institute for Non-violence: Senator Ada L. Smith
5 of Brooklyn.
6 (Applause.)
7 Member of the State Medical
8 Advisory Committee to the Department of Social
9 Service -- Department of Social Services: Ebun
10 Adelona of New York City, Neil Stephen Calman,
11 M.D., of New Rochelle, Ruben P. Cowart, D.S.S.
12 of Syracuse, John L. S. Holloman, Jr., M.D. of
13 East Elmhurst, Hugo M. Morales M.D. of Mount
14 Vernon, William O'Dwyer, M.D., of Loudonville,
15 Elena Padilla,, Ph.D. of New York City, Steven
16 Pinheiro, M.D. of Loudonville, and Anthony
17 Szczygiel of Buffalo, and also Judith B. Wessler
18 of New York City.
19 Member of the Allegany State Park
20 Recreation and Historic Preservation Committee:
21 Charles Porpiplia of Dunkirk.
22 Member of the New York State
23 Medical Care Facilities Finance Agency: Donald
7293
1 M. Halperin of Brooklyn.
2 Director of the state of New York
3 Mortgage Agency: Jerome M. Becker of New York
4 City.
5 Member of the Metropolitan
6 Transportation Authority: Peter S. Kalikow of
7 New York City and Abraham M. Lackman of
8 Brooklyn.
9 Member of the New York State
10 Racing & Wagering Board: Bennet Liebman of
11 Slingerlands.
12 Member of the Board of Directors
13 of the New York State Science and Technology
14 Foundation: Thomas J. Kelly of Huntington.
15 Member of the Albany Pine Bush
16 Preserve Commission: Ralph Sponable of Albany.
17 Member of the Council on Human
18 Blood and Transfusion Services: Celso Bianco,
19 M.D., of New York City and Dennis Galanakis,
20 M.D., of Stony Brook.
21 Member of the State Public
22 Transportation Safety Board: Carmen F. Arcuri of
23 Utica, and Leonard Braun of Greak Neck.
7294
1 Member of the Advisory Council to
2 the Commission on Quality of Care for the
3 Mentally Disabled: Martin H. Von Holden of
4 Rochester.
5 Member of the Board of Directors
6 of the Roosevelt Island Operating Corporation:
7 Otis Jones of Howard Beach and Ronald T. Vass,
8 of Roosevelt Island.
9 Director of the Municipal
10 Assistance Corporation for the city of New York:
11 Fritz W. Alexander, II of the Bronx, Kenneth
12 Bialkin of New York City, Abraham Biderman of
13 Brooklyn, William J. Mulrow of New York City,
14 Ann Daley Printon of New York City and Thomas J.
15 Tisch of New York City.
16 Member of the Board of Directors
17 of the New York Convention Center Operating
18 Corporation: Mary A. D'Elia of New York City,
19 Martin A. Kornreich of Harrison.
20 Board of Trustees of the City
21 University of New York: Jerome Berg of Staten
22 Island.
23 SENATOR GOLD: Mr. President.
7295
1 THE PRESIDENT: Senator Gold.
2 SENATOR GOLD: Yeah, I would not
3 object to the Secretary reading the rest of this
4 particular list, but I'm going to ask that we
5 then vote on that list but hold Mr. Berg for a
6 separate vote after that. I'm just putting you
7 on notice. No objection says the chairman.
8 THE SECRETARY: Member of the
9 Board of Visitors of the Capital District
10 Psychiatric Center: Florence Frazier of Albany.
11 Member of the Board of Visitors
12 of the Elmira Psychiatric Center: Floyd R. Haff
13 of Cohocton.
14 Member of the Board of Visitors
15 of the Kings Park Psychiatric Center: Ronald C.
16 Manning of Coram, Theresa Murphy of Babylon.
17 Member of the Board of Visitors
18 of the Queens Children's Psychiatric Center:
19 Irma H. Serrano of Forest Hills.
20 Member of the Board of Visitors
21 of the Oswald D. Heck Developmental Center:
22 Francis J. Sheridan of Delmar.
23 Member of the Letchworth Village
7296
1 Developmental Center: Elizabeth Berman of
2 Liberty.
3 Member of the Board of Visitors
4 of the West Seneca Developmental Center: N.
5 Anne Wolf of Sanborn.
6 Member of the Board of Visitors
7 of the Sunmount Developmental Center: Donald J.
8 Sabin of Tupper Lake and Carolyn Smith of
9 Massena.
10 Member of the Board of Visitors
11 for the New York State Home for Veterans and
12 their Dependents at St. Albans: Anthony J. Minei
13 of Freeport.
14 Member of the Board of Visitors
15 of the New York State Home for Veterans and
16 their dependents at Batavia: R. Stephen Hawley
17 of Batavia, Reverend Paul E. Klett of Webster,
18 Mentor C. Murphy of Batavia, and Mary Ann O'Coin
19 of Rochester.
20 Member of the Board of Visitors
21 of the New York State Home for Veterans and
22 their Dependents at Oxford: Charles E. Dolson,
23 Jr. of North Syracuse.
7297
1 Member of the Board of Visitors
2 of the Roswell Park Memorial Institute: Morton
3 H. Abramowitz, Esq. of Niagara Falls and also,
4 John Robert Wright, M.D. of Williamsville.
5 Member of the Board of Visitors
6 of the New York State School for the Blind,
7 Elaine M. Powers of Buffalo.
8 SENATOR GOLD: Mr. President.
9 SENATOR LEICHTER: Mr. President.
10 THE PRESIDENT: Senator Leichter.
11 SENATOR LEICHTER: I'm sorry, I
12 wasn't attentive enough, but did you read off
13 the appointments to the Metropolitan Transit
14 Authority?
15 SENATOR GOLD: Yes.
16 SENATOR LEICHTER: May I ask that
17 you please hold Peter Kalikow? I would like to
18 speak on it, Senator.
19 SENATOR GOLD: You can speak on
20 it now. You can speak on it.
21 Mr. President.
22 THE PRESIDENT: Senator Gold.
23 SENATOR GOLD: I believe under
7298
1 our procedure, any member can speak on any of
2 the names on that list, if you want to.
3 THE PRESIDENT: That is correct.
4 SENATOR GOLD: So you can speak
5 right now, if you would like to, Senator.
6 SENATOR LEICHTER: I thought the
7 procedure was that we were going to do those
8 that were non-controversial and leave the -
9 THE PRESIDENT: The Secretary has
10 read the entire list of appointments. All of
11 those appointments are before the Senate. Any
12 Senator can speak on any of the nominees for -
13 Senator Gold requested a separate vote on the
14 nominee for the City University Board of
15 Trustees, and it would be the inclination of the
16 Chair to take a separate vote if any Senator
17 wants a separate vote, but on discussion,
18 they're all before the Senate.
19 SENATOR LEICHTER: Mr. President,
20 I have no problem in following that procedure,
21 although I hope it would be possible under that
22 procedure if I were able to cast a negative vote
23 on one of these appointees.
7299
1 THE PRESIDENT: Absolutely. If
2 any Senator wants to cast a negative vote, just
3 will so indicate.
4 SENATOR LEICHTER: Yeah. Then,
5 Mr. President, let me address the appointment of
6 Peter Kalikow to the membership of the
7 Metropolitan Transportation Authority.
8 I'm not going to take long on
9 that partly because there's very little to be
10 said in favor of his appointment, very little
11 that he brings to the Authority as far as a
12 background that we could say, "This is the sort
13 of person who has shown an interest, who has a
14 knowledge, who has an experience, who has an
15 outlook that we want him to serve in the
16 Metropolitan Transportation Authority. I take
17 this as is a very political appointment, and
18 I regret it because the MTA is terribly
19 important. I very much appreciate -
20 THE PRESIDENT: Senator Leichter.
21 SENATOR LEICHTER: (Cont'g) I
22 just want to say, Mr. President, I very much
23 appreciate many of the things that Senator Levy
7300
1 has done, and he's always been extremely
2 courteous to me knowing my interest in the MTA,
3 although I don't have the pleasure of serving on
4 his committee, and I'm sorry if I need to
5 disagree with him on this particular
6 appointment.
7 As I think everybody knows, Mr.
8 Kalikow was the owner of the New York Post and
9 it's my distinct memory that editorially the
10 Post was highly critical of the capital program
11 of the MTA. It's difficult for me to see that
12 somebody who expressed himself editorially
13 against that capital program is now going to
14 serve on the MTA.
15 As far as his business acumen
16 goes, all I know is that the Post ended up in
17 bankruptcy. There have been some questions
18 raised about his personal bankruptcy. I don't
19 think this is a distinguished appointment and,
20 Mr. President, when the vote is cast, I ask that
21 you be sure to record me in the negative on that
22 appointment. I'll try to get Mr. Cornell's
23 attention because I want to make sure that the
7301
1 record -- Mr. President?
2 SENATOR GOLD: Mr. President.
3 SENATOR LEICHTER: Yeah.
4 ACTING PRESIDENT LACK: Senator
5 Leichter.
6 SENATOR LEICHTER: I just want to
7 make sure that the desk hears me and make sure
8 to record me in the negative on the appointment
9 of Peter S. Kalikow as a member of the
10 Metropolitan Transportation Authority.
11 ACTING PRESIDENT LACK: Senator
12 Leichter, you will be so recorded in the
13 transcript that you're voting in the negative on
14 that.
15 Senator Levy.
16 SENATOR LEVY: Yes, Mr.
17 President. Let me just respond to Senator
18 Leichter by saying, number one, I really have no
19 recollection -- and there's been such a turnover
20 of publishers of the New York Post. I really
21 have no recollection, and I certainly would
22 recall it, Senator, if when Peter Kalikow was
23 the publisher of the Post, that he opposed the
7302
1 capital plan.
2 My recollection of the Post
3 editorial position was that of the same position
4 as the Times, New York Newsday, the Daily News
5 as being very supportive of the MTA, the Transit
6 Authority, mass transit in the region and the
7 capital plan.
8 Let me also say, Senator
9 Leichter, that -- that I am pleased to have
10 played a part, but only a part in the nomination
11 of Peter Kalikow to serve on the MTA board.
12 Equal partners or greater
13 partners in -- in the nomination of Peter
14 Kalikow where, number one, the Governor of the
15 state of New York on his own initiative who
16 recommended Mr. Kalikow to be a member of the
17 MTA board, and since this was a position that
18 Governor Carey first and then Governor Cuomo
19 consulted with and accepted the recommendation
20 of the Majority Leader of this house for this
21 particular position, it was originally filled by
22 Connie Aristoff on the recommendation of Senator
23 Warren Anderson and then Senator Marino.
7303
1 Senator Marino was a prime mover in the nomi
2 nation along with the Governor of Peter Kalikow
3 to be a member of this board.
4 And I have to tell you that I
5 have known Peter Kalikow for many years. He is
6 a successful business person. He is involved in
7 community activities, and as Senator Goodman
8 indicated at his confirmation hearing, he is
9 involved successfully in the widest spectrum of
10 philanthropic activities on behalf of the city
11 of New York, so I have great confidence unlike
12 you, Senator Leichter, that Peter Kalikow will
13 be an addition to the MTA board and I am
14 certainly going to vote in the affirmative on
15 Mr. Kalikow's nomination.
16 THE PRESIDENT: Senator Daly.
17 SENATOR DALY: Mr. President, I
18 am indeed very happy and proud to rise, hidden
19 or immersed in that long list of names that you
20 presented to us tonight for confirmation, is the
21 name of Abraham Lackman, otherwise known as Abe
22 Lackman.
23 Now, I doubt very much if there
7304
1 are many of the men and women who sit here in
2 this chamber who are not aware of that name, and
3 I am very, very proud to say that I am certainly
4 because I can tell you, Mr. President, that I
5 have met fewer people in my life -- I should say
6 I have met many people in my life but not very
7 many who are as bright as Abe Lackman and fewer
8 who are as nice as Abe Lackman.
9 He certainly presented to the
10 Senate when he served with us, his complete,
11 full and dedicated efforts. He contributed
12 magnificently to the entire state of New York
13 and particularly to this body. I'm delighted to
14 see Abe Lackman on the list as a member of the
15 MTA. I'm more delighted to have him with us
16 tonight, I'm sure we all are, and I'm also
17 certain that my colleagues join me in welcoming
18 Abe back to Albany for at least one day and
19 wishing him well indeed in his new assignment
20 with the MTA.
21 ACTING PRESIDENT LACK: Senator
22 Maltese.
23 SENATOR MALTESE: Yes, Mr.
7305
1 President.
2 I rise to add my words to those
3 of Senator Levy to second the nomination of
4 Peter Kalikow, his wide experience, business
5 appearance and background. I've known him for
6 many years. I feel that he brings an expertise
7 and experience to the position that cannot -
8 that can be matched by very, very few people.
9 I'm pleased and proud to second the nomination.
10 ACTING PRESIDENT LACK: Senator
11 Goodman.
12 SENATOR GOODMAN: Mr. President,
13 I was somewhat disturbed to hear the comments of
14 my distinguished colleague with respect to Mr.
15 Kalikow, my colleague on the other side of the
16 aisle, and I rise to bring to his attention
17 something that I think is most relevant to this
18 nomination.
19 That is that during the period of
20 discussion of this nominee, Senator Leichter,
21 the question arose with respect to policies on
22 the subway fare.
23 I know that you and I would
7306
1 certainly find common ground in agreeing that it
2 is imperative that the subway fare, particularly
3 in the city of New York be held at the lowest
4 possible level, and in response to questions
5 with regard to the fare, Mr. Kalikow pointed out
6 that on any occasion when the subway fare rises,
7 there is an inverse relationship to the level of
8 the fare and the usage of the subway system, and
9 he pointed out the dangerous downward spiral
10 which exists when a subway fare goes up and
11 usership declines and indicated a strong
12 commitment to keeping the subway fare at the
13 lowest possible level. Now, that's something
14 substantive which relates directly to this, and
15 with regard to his business acumen which you
16 question, I would like to point out that he
17 comes from a very distinguished background
18 within the real estate business that he himself
19 accumulated an enormous personal fortune in real
20 estate.
21 He's received architectural
22 awards for the quality of the buildings which he
23 has built and that the misfortune which his
7307
1 company underwent was directly related to the
2 serious downward drop in real estate values
3 throughout the city of New York which saw some
4 of its top realtors, unfortunately, thrown into
5 bankruptcy or serious financial embarrassment
6 clearly related to circumstances beyond their
7 control.
8 I take the liberty of bringing
9 this to your attention because the MTA is
10 obviously highly important and Senator Levy, I
11 think very properly pointed out the extensive
12 philanthropic involvements of Mr. Kalikow, the
13 fact that he has been in the New York Hospital
14 complex as a pioneer in developing special
15 treatment programs and I really feel, Senator, a
16 man of your fairness should consider these
17 factors before reaching a negative conclusion
18 with regard to this nominee.
19 Finally, Mr. President, with
20 regard to Abe Lackman, I would simply like to
21 add an enthusiastic word of the warmest support
22 of this candidate. I happen to have warmly
23 recommended him to the mayor of the city of New
7308
1 York for the position which he presently holds
2 as budget director and as I'm sure everyone in
3 this chamber has noted, Abe Lackman, a member of
4 the Senate family for many years, has done us
5 proud in the superb work he's done in helping to
6 close the city's enormous multi-billion dollar
7 budget gap, and this certainly could not be a
8 better appointment to MTA.
9 On balance, therefore, I respect
10 fully submit that these two nominees will
11 significantly strengthen this highly important
12 authority in which we all have a stake.
13 ACTING PRESIDENT LACK: Senator
14 Levy.
15 SENATOR LEVY: Thank you very
16 much, Mr. President.
17 I really hadn't intended to speak
18 on the Kalikow nomination. I really wanted to
19 speak on Abraham Lackman's nomination to be a
20 member of the MTA. It's really a great honor
21 and privilege and a genuine pleasure to rise to
22 speak about Abe Lackman.
23 Abe Lackman is a close personal
7309
1 friend of mine, but having said that, Abe
2 Lackman is really a close personal friend of
3 everyone on both sides of the aisle who has
4 known Abe and who has worked with him, and I see
5 Senator Oppenheimer shaking her head.
6 I know that I speak for everybody
7 when I say how -- how proud we are that the
8 mayor of the city of New York selected Abe
9 Lackman to be his budget director, and as -- as
10 some of my colleagues have already said, Abe has
11 the most extraordinary ability, the most extra
12 ordinary experience base, and he has the most
13 extraordinary imagination, and I want to tell
14 you, when I look at the MTA, if there is anyone
15 that can straighten that authority out, it's Abe
16 Lackman, and I congratulate the Governor on
17 sending his nomination up. I congratulate the
18 mayor, and I look forward as I'm sure everyone
19 does, to working with Abe for many, many years
20 in the future.
21 Thank you very much, Mr.
22 President.
23 ACTING PRESIDENT LACK: Senator
7310
1 Montgomery.
2 SENATOR MONTGOMERY: Mr.
3 President, I rise to join Senator Leichter in
4 having my vote for Mr. Peter Kalikow in the
5 negative recorded, and I vote no because of his
6 association with the New York Post and
7 recognizing that that paper has had a less than
8 respectful view and presentation of people of
9 color in the city of New York, and since the MTA
10 -- the ridership in New York City is to a very
11 large extent, people of color and poor and
12 working people, I would not -- I would not
13 certainly choose to have the former publisher of
14 the New York Post be a member of the MTA board.
15 So I want to have my no vote on record and
16 recorded tonight.
17 Thank you, Mr. President.
18 ACTING PRESIDENT LACK: Senator
19 Smith.
20 SENATOR SMITH: Thank you, Mr.
21 President.
22 I rise first to support the
23 appointment of Abraham Lackman. He will bring
7311
1 honor, competence and creativity to this
2 position, and I'm also saddened that I must
3 request, Mr. President, that I be recorded in
4 negative on the appointment of Peter Kalikow.
5 Thank you.
6 ACTING PRESIDENT LACK: Senator
7 Farley.
8 SENATOR FARLEY: Thank you, Mr.
9 President.
10 As Senator Levy noted that
11 Senator Oppenheimer was shaking her head, it was
12 in an affirmative type of shake as I saw from my
13 seat.
14 Let me just say, I rise in
15 support of Abe Lackman. I've seen a lot of
16 people working with the Senate family. He's one
17 of the gifted, most gifted and brightest people
18 that I've ever known, and I compliment Mayor
19 Giuliani on this appointment. I compliment him
20 on choosing him for the incredible post that he
21 has from the New York City finances.
22 Abe Lackman has been a stalwart
23 with Senate Finance and for this house for a
7312
1 number of years, and I would vote for Abe
2 Lackman to be appointed for anything on this
3 sheet. He's an outstanding guy and we're very
4 fortunate to have him still in public service.
5 I vote in the affirmative.
6 ACTING PRESIDENT LACK: Senator
7 Padavan.
8 SENATOR PADAVAN: Thank you, Mr.
9 President.
10 I want to endorse all of the
11 superlatives and the adjectives and the praise
12 heaped upon Mr. Lackman by Senator Smith,
13 Senator Levy, Senator Goodman and Senator
14 Farley.
15 In my view, there was no person
16 who we could look to in the Senate Finance when
17 dealing with some very complex issues -- Safe
18 Streets, Safe Cities was one of them, there were
19 many others -- that could have been handled any
20 better than the way it was handled by Abe
21 Lackman.
22 His only problem is, however,
23 he's left a paper trail that follows him all the
7313
1 way to City Hall where we remind him that he can
2 not undo what he did here because he did it so
3 well, but in addition to all of his other great
4 attributes, he's also very modest, which is why
5 he's sitting way in the back up there. This is
6 a very fine human being, a lot of modesty and a
7 lot of talent, a lot of ability, and the mayor
8 -- believe me, I don't know where the mayor
9 would be today with that budget he somehow got
10 through, if it wasn't for Abe Lackman.
11 ACTING PRESIDENT LACK: Senator
12 Ohrenstein.
13 SENATOR OHRENSTEIN: Mr.
14 President, I too want to join all of the
15 adjectives about Abe Lackman.
16 I would say to Senator Padavan,
17 your great enthusiasm for Abe Lackman as an
18 advisor while he was on the Finance Committee, I
19 would simply turn around your conclusion and
20 say, "If you listened to him so adroitly at that
21 time, why aren't you listening to him now?"
22 Anyway, I think I too want to
23 congratulate Abe for being a really terrific
7314
1 budget director for the new mayor. I think they
2 have done very well in a very, very difficult
3 time, and they even did pretty well here in
4 convincing a lot of people about things that had
5 to be done. They didn't win all the fights and
6 I hope they will win a few more next year.
7 I think his joining the MTA is a
8 very, very good thing. The MTA like all
9 agencies of this type which are very important,
10 very powerful and deliver a public service of
11 extraordinary importance needs to have some new
12 blood. I think the history of the last -- of
13 the last few weeks in terms of the performance
14 of the MTA during the Long Island Rail Road
15 negotiations, some other public matters that I
16 was involved in personally, really in my opinion
17 left a lot to be desired in terms of the
18 direction and some of the finer points of the
19 MTA's policymaking and service, so to have some
20 new people, some from the business world, some
21 from the government world joining this agency, I
22 think gives me great confidence that we're going
23 to have some new thinking and some new blood
7315
1 and, perhaps even some new leadership, so I
2 certainly congratulate the mayor for this
3 appointment, and I assume he will be unanimously
4 designated.
5 ACTING PRESIDENT LACK: Senator
6 Marchi.
7 SENATOR MARCHI: Mr. President,
8 I'm compelled under these circumstances to tell
9 you the truth about Abraham Lackman. Where is
10 he, the back row somewhere, right?
11 Some of you may know Seymour
12 Lackman who is related to him, is his cousin or
13 his uncle, I'm not sure, but I took Abraham
14 Lackman when he was just a callow youth, and I
15 knew that he had these genetic qualities that
16 were current in the Lackmans because I knew his
17 -- Seymour, and I took him and taught him the
18 multiplication table, taught him the very
19 elements of economics and budgeting, and slowly
20 but surely these qualities grew and blossomed
21 and finally, he became the consummate budgetier,
22 economist and gifted servant that you have all
23 unanimously recognized.
7316
1 So I very immodestly take great
2 pride in my handiwork, and if the past is
3 prologue, "we ain't seen nothing yet", because
4 he's a young man, a very decent man, a wonderful
5 family person, and he has all the personal
6 qualities that endear him to people, and at the
7 same time, all of the gifted abilities that he
8 brings to play in the service of the people of
9 the city of New York now.
10 I take pardonable pride in having
11 had such a viable role in his formation, and I
12 know that we will get that unanimous vote that
13 Senator Ohrenstein was calling for in advancing
14 his name in the service of the people of this
15 state.
16 ACTING PRESIDENT LACK: Senator
17 Maltese.
18 SENATOR MALTESE: Mr. President,
19 having spoken to second the nomination of Peter
20 Kalikow, I could not let the opportunity go by
21 without also speaking on behalf of Abe Lackman.
22 Certainly in his new position, I do not want to
23 be the only New York City Senator in the
7317
1 majority to not say a kind word about Abe.
2 Certainly, now that this hearing
3 has revealed that he learned everything that he
4 knows at the knee of Senator John Marchi and has
5 accumulated this vast reservoir of experience in
6 the financial field and in the multiplication
7 tables as Senator Marchi has indicated,
8 indicates that he is well suited for the
9 position that mayor -- the mayor of the city of
10 New York has nominated him for.
11 I share Senator Ohrenstein's
12 feelings that perhaps this new blood Abe Lackman
13 and Mr. Kalikow could bring to the MTA board
14 will serve all the citizens of the state -- of
15 the city of New York and, in addition, the state
16 of New York well. Abe brings to the position,
17 not only that vast reservoir of knowledge that
18 Senator Marchi and others have spoken about, but
19 I think a keen analytical sense and the element
20 -- the key elements of common sense that will
21 serve the mayor of the city of New York well and
22 all of us well.
23 I'm proud to second the
7318
1 nomination and wish him and his family well.
2 ACTING PRESIDENT LACK: Senator
3 DiCarlo.
4 SENATOR DiCARLO: This being the
5 sixth and last City Republican Senator, I feel
6 compelled to stand.
7 I can't take any credit for Abe
8 Lackman, but I find it necessary to congratulate
9 you, Abe. We're proud.
10 SENATOR COOK: Mr. President.
11 ACTING PRESIDENT LACK: Senator
12 Cook.
13 SENATOR COOK: Mr. President, I
14 think that Senator Marchi, the one talent he
15 forgot to mention was prestidigitation which
16 also is something that Mr. Lackman is very good
17 at.
18 Abe, we've admired you through
19 the years for what you've done around here and
20 already what you've done in the City and we
21 certainly wish you well.
22 ACTING PRESIDENT LACK: The
23 question is on the confirmation of all the
7319
1 appointees with the exception of -
2 SENATOR STAFFORD: Mr. President.
3 ACTING PRESIDENT LACK: Senator
4 Stafford.
5 SENATOR STAFFORD: I would
6 mention that Abe always shows good judgment and
7 Paul Reuss said that he showed the good judgment
8 to leave when I became chairman of Finance, but
9 we've worked with him. I will say that we
10 remember how good he was on the revenue side
11 and, Abe, if there are any extra revenues, I
12 know you'll find them for the city, but if you
13 have any for us, we're always interested, always
14 interested, but I, on a serious note, certainly
15 support this tremendous nomination and we're all
16 better for it.
17 ACTING PRESIDENT LACK: The
18 question is on the confirmation of all the
19 announced appointees with the exception of the
20 appointee to the Board of Trustees of the City
21 University of New York. All those in favor aye.
22 (Response of "Aye".)
23 Contrary, nay.
7320
1 (There was no response.)
2 On behalf of Senate, I
3 congratulate all of the new appointments,
4 including one who has been hiding up in our west
5 gallery in the last chair, and I'm proud to
6 announce tonight that after working for the city
7 of New York, he's indeed a long-lost cousin of
8 mine to too. Congratulations to Abe Lackman and
9 all the appointees. It's also noted in this dim
10 light that there's a lot more gray hair in the
11 gallery than there was six months ago before he
12 left.
13 Congratulations to all.
14 (Applause.)
15 SENATOR GOLD: Mr. President.
16 ACTING PRESIDENT LACK: The
17 question is now on the Board of Trustees of the
18 City University of New York.
19 Senator Gold.
20 SENATOR GOLD: Thank you.
21 Mr. President, I'm informed by
22 Senator Stafford that within, I guess about 20
23 minutes now, there will be another meeting of
7321
1 the Finance Committee to deal with the other
2 members of the CUNY board, and so I would
3 respectfully ask that for the time being we just
4 table Mr. Berg's nomination and give him the
5 opportunity to come on the CUNY board with his
6 fellow board members and when the other
7 committee report comes in.
8 I was told -- I was told that we
9 have a few more bills to do and that there's
10 some anticipation of then closing down for the
11 evening, but I guess in the orderly way for
12 which this chamber is so famous, that we can do
13 the CUNY board in one -- in one shot, so I would
14 ask that at the present time it be tabled and go
15 on with our business.
16 ACTING PRESIDENT LACK: Without
17 objection. Is there any objection to tabling
18 the nom...
19 Senator Marchi.
20 SENATOR MARCHI: I request that
21 this nomination be acted upon, Mr. President.
22 SENATOR GOLD: I'm sorry?
23 ACTING PRESIDENT LACK: Senator
7322
1 Marchi, did you request -
2 SENATOR MARCHI: Mr. President.
3 ACTING PRESIDENT LACK: Senator
4 Marchi.
5 SENATOR MARCHI: I repeat my
6 request for the consideration of a determination
7 of this body's will on the question of the
8 nomination of the nominee at this time.
9 SENATOR OHRENSTEIN: At this
10 time -
11 ACTING PRESIDENT LACK: Senator
12 Ohrenstein.
13 SENATOR OHRENSTEIN: If I may
14 address Senator Marchi's request.
15 Senator Marchi, as you know, this
16 body, working in a bipartisan way as we most of
17 the time do, there are lots of complicated
18 matters which we dispose of sometimes in open
19 debate and sometimes in closed debate. I want
20 to simply say that I am fully aware of the
21 matters which surround this particular situation
22 -- it has nothing to do with the individual
23 involved here. It has to do with the completion
7323
1 of the process of doing the CUNY board. I think
2 everybody wants to do it. I think it will
3 contribute to the orderly closing of our
4 business, and I would most respectfully ask you
5 that you accede to the Minority's -- I am fully
6 aware of Senator Gold's request. It was made at
7 the request of the Minority, and I would
8 respectfully ask you to accede to it because
9 we're going to complete this and we will
10 complete it in an orderly way and we will be
11 very proud of what we've done for CUNY as a
12 totality.
13 ACTING PRESIDENT LACK: Senator
14 Marchi.
15 SENATOR MARCHI: Well, I will
16 accede to the request of the distinguished
17 Minority Leader.
18 However, the reasons that impel
19 me to make this request, I am going to discuss
20 them in detail when we consider the nominees en
21 bloc so that this will not stay my determination
22 to point my finger at something that cries to
23 heaven for vengeance, I think, in terms of fair
7324
1 treatment under the City University.
2 ACTING PRESIDENT LACK: At the
3 request of Senator Gold with the concurrence of
4 Senator Marchi, the nomination of Jerome Berg of
5 Staten Island to the Board of Trustees of City
6 University of New York, is temporarily laid
7 aside pending the Finance Committee meeting.
8 ACTING PRESIDENT LACK: Senator
9 Levy.
10 SENATOR LEVY: Yes, Mr.
11 President.
12 ACTING PRESIDENT LACK: Senator
13 Stafford.
14 SENATOR STAFFORD: Excuse me,
15 Senator Levy, but I wanted to give everybody as
16 much notice as possible. There will be a
17 meeting of the Finance Committee at 1:15 in Room
18 332 and we certainly look forward to having
19 everyone there and we will accordingly greet
20 everyone.
21 ACTING PRESIDENT LACK: The next
22 meeting of the Finance Committee will take place
23 in the Senate Majority Conference Room, Room
7325
1 332.
2 Senator Levy.
3 SENATOR LEVY: Yes, Mr.
4 President. There will be an immediate meeting
5 of the Transportation Committee to consider the
6 nomination of John Dyson to be a member of the
7 Metropolitan Transportation Authority. The
8 meeting will take place in Room 124.
9 ACTING PRESIDENT LACK: Immediate
10 meeting of the Transportation Committee
11 downstairs in Room 124 for consideration of an
12 appointment.
13 Senator Nanula.
14 SENATOR NANULA: Mr. President, I
15 will like to request unanimous consent to be
16 recorded in the negative on Calendar 206, 1480
17 and 1517.
18 ACTING PRESIDENT LACK: Without
19 objection, the Senator will be recorded in the
20 negative on those three bills.
21 Senator Present.
22 SENATOR PRESENT: Mr. President,
23 can we call up Calendar 856.
7326
1 ACTING PRESIDENT LACK: The
2 Secretary will read Calendar 856.
3 THE SECRETARY: The Secretary
4 will read Calendar 856 which is on page 17 of
5 the regular calendar.
6 THE SECRETARY: Calendar Number
7 856, Senator Libous moves to discharge the
8 Committee on Rules from Assembly Bill Number
9 10884-A and substitute it for the identical
10 Third Reading 856.
11 SENATOR PRESENT: Mr. President.
12 ACTING PRESIDENT LACK:
13 Substitution is ordered.
14 Senator Present.
15 SENATOR PRESENT: Is there a
16 message of necessity at the desk on this bill?
17 ACTING PRESIDENT LACK: There's a
18 message at the desk, Senator. Senator Present
19 moves the acceptance of message of necessity.
20 All those in favor, aye.
21 (Response of "Aye".)
22 Contrary, nay.
23 (There was no response.)
7327
1 The message is accepted.
2 Last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT LACK: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 60.
9 ACTING PRESIDENT LACK: The bill
10 is passed.
11 Senator Present -- excuse me,
12 Senator Stachowski.
13 SENATOR STACHOWSKI: Mr.
14 President, may I have unanimous consent to be
15 recorded in the negative on Calendar Number
16 206?
17 ACTING PRESIDENT LACK: Without
18 objection, Senator Stachowski will be recorded
19 in the negative.
20 Senator Present.
21 Senator Cook.
22 SENATOR COOK: Mr. President,
23 would you please remove a star on Calendar 666?
7328
1 ACTING PRESIDENT LACK: At the
2 sponsor's request, the star will be removed on
3 Calendar 666.
4 Senator Libous.
5 SENATOR LIBOUS: Mr. President,
6 on behalf of Senator Levy, please remove a star
7 on Calendar Number 607.
8 ACTING PRESIDENT LACK: At the
9 request of the sponsor, the star is removed on
10 Calendar Number 607. Are there other motions
11 and resolutions?
12 Senator Farley.
13 SENATOR FARLEY: Thank you, Mr.
14 President.
15 On behalf of Senator Seward, I
16 wish to call up his bill, Print Number 7508-B,
17 recalled from the Assembly which is now at the
18 desk.
19 ACTING PRESIDENT LACK: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 889, Senate Bill Number 7508-B, by Senator
23 Seward, an act to amend the Public Authorities
7329
1 Law.
2 ACTING PRESIDENT LACK: Senator
3 Farley.
4 SENATOR FARLEY: I now move to
5 reconsider the vote by which Senator Seward's
6 bill passed.
7 ACTING PRESIDENT LACK: The
8 Secretary will call the roll on reconsideration.
9 (The Secretary called the roll on
10 reconsideration.)
11 THE SECRETARY: Ayes 60.
12 ACTING PRESIDENT LACK: The bill
13 is before us, Senator.
14 SENATOR FARLEY: I now offer the
15 following amendments.
16 ACTING PRESIDENT LACK: The
17 amendments are received. The bill will retain
18 its place.
19 Senator Johnson.
20 SENATOR JOHNSON: Mr. President,
21 I wish to call up my bill, Print Number 8584,
22 recalled from the Assembly which is now at the
23 desk.
7330
1 ACTING PRESIDENT LACK: The
2 Secretary will read.
3 THE SECRETARY: By Senator
4 Johnson, Senate Bill 8584, in relation to
5 providing a retirement incentive for certain
6 employees in the town of Babylon.
7 ACTING PRESIDENT LACK: Senator
8 Johnson.
9 SENATOR JOHNSON: Mr. President,
10 I now move to reconsider the vote by which this
11 bill was passed.
12 ACTING PRESIDENT LACK: The
13 Secretary will call the roll on reconsideration.
14 (The Secretary called the roll on
15 reconsideration.)
16 THE SECRETARY: Ayes 60.
17 ACTING PRESIDENT LACK: The bill
18 is on the floor, Senator.
19 SENATOR JOHNSON: I now offer the
20 following amendments.
21 ACTING PRESIDENT LACK: The
22 amendments are received. The bill will retain
23 its place.
7331
1 Senator Mendez.
2 SENATOR MENDEZ: Mr. President, I
3 am -- I wish to be recorded in the negative on
4 Calendar Number 1485.
5 ACTING PRESIDENT LACK: Senator
6 Mendez will, without objection, be recorded in
7 the negative on Calendar Number 1485.
8 Senator Montgomery.
9 SENATOR MONTGOMERY: Mr.
10 President, I would like unanimous consent to be
11 recorded in the negative on Calendar Number
12 18... 1485.
13 ACTING PRESIDENT LACK: Without
14 objection, Senator Montgomery is recorded in the
15 negative on the same bill.
16 Senator Santiago.
17 SENATOR SANTIAGO: Without
18 objection, I would like to be recorded in the
19 negative on Calendar 1485.
20 ACTING PRESIDENT LACK: Senator
21 Santiago will be recorded in the negative on
22 1485.
23 Senator Waldon.
7332
1 SENATOR WALDON: Mr. President, I
2 request unanimous consent and the same courtesy.
3 ACTING PRESIDENT LACK: On 1485
4 as well?
5 SENATOR WALDON: On 1485.
6 ACTING PRESIDENT LACK: Senator
7 Waldon will be recorded in the negative, without
8 objection, on Calendar 1485.
9 Senator Paterson.
10 SENATOR PATERSON: Mr. President,
11 with unanimous consent, I also would like to be
12 recorded in the negative on Calendar Number
13 1485.
14 ACTING PRESIDENT LACK: Without
15 objection, you will be recorded in the negative
16 on Calendar 1485.
17 Senator Rath.
18 SENATOR RATH: Mr. President, I
19 would like to have unanimous consent to be
20 recorded in the negative on Calendar 268.
21 Thank you.
22 ACTING PRESIDENT LACK: Without
23 objection, Senator Rath will be in the negative
7333
1 on Calendar 268.
2 Senator Present.
3 SENATOR PRESENT: Mr. President,
4 can we call up, on the first active list,
5 Calendar 1287?
6 ACTING PRESIDENT LACK: The
7 Secretary will read Calendar 1287 which is on
8 page 25 of the regular calendar.
9 THE SECRETARY: Calendar Number
10 1287, Senator Rath moves to discharge the
11 Committee on Rules from Assembly Bill Number
12 11887 and substitute it for the identical
13 Calendar Number 1287.
14 ACTING PRESIDENT LACK: The
15 substitution is ordered.
16 Last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT LACK: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 60.
23 ACTING PRESIDENT LACK: The bill
7334
1 is passed.
2 Senator Present.
3 SENATOR PRESENT: Mr. President,
4 first active calendar, Calendar 1502.
5 ACTING PRESIDENT LACK: The
6 Secretary will please read Calendar 1502 which
7 is on page 34 of the regular calendar.
8 THE SECRETARY: Calendar Number
9 1502, Senator LaValle moves to discharge the
10 Committee on Rules from Assembly Bill Number
11 10895-A and substitute it for the identical
12 Third Reading 1502.
13 ACTING PRESIDENT LACK: The
14 substitution is ordered.
15 Senator Present.
16 SENATOR PRESENT: Mr. President,
17 is there a message of necessity at the desk?
18 ACTING PRESIDENT LACK: There is
19 a message at the desk. On the motion of Senator
20 Present to accept the message, all those in
21 favor, aye.
22 (Response of "Aye".)
23 Contrary, nay.
7335
1 (There was no response.)
2 The message is accepted.
3 Last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT LACK: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 60.
10 ACTING PRESIDENT LACK: The bill
11 is passed.
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 on the first active calendar, 1530.
15 ACTING PRESIDENT LACK: The
16 Secretary will please read Calendar 1530 on page
17 38 of the regular calendar.
18 THE SECRETARY: Calendar Number
19 1530, by the Assembly Committee on Rules,
20 substituted earlier today, Assembly Bill Number
21 12207, an act to amend the General Municipal
22 Law.
23 ACTING PRESIDENT LACK: Last
7336
1 section.
2 SENATOR PRESENT: No, Mr.
3 President -- Mr. President, is there a message
4 of necessity on 1530?
5 ACTING PRESIDENT LACK: There is
6 a message on the motion of Senator Present to
7 accept the message, all those in favor, aye.
8 (Response of "Aye".)
9 Contrary, nay.
10 (There was no response.)
11 The message is accepted.
12 Now last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT LACK: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 60.
19 ACTING PRESIDENT LACK: The bill
20 is passed.
21 Senator Present.
22 SENATOR PRESENT: Can we go back
23 to 1527 on the first calendar?
7337
1 ACTING PRESIDENT LACK: 1527,
2 also on page 38 of the -- today's calendar. The
3 Secretary will read.
4 The bill is high, Senator. Both
5 bills are high and there is no message.
6 Senator Present, both bills are
7 high in this house, available for passage
8 tomorrow.
9 SENATOR PRESENT: On the second
10 active list, 1568.
11 ACTING PRESIDENT LACK: The
12 Secretary will please read Calendar 1568 on the
13 active list, Senate Supplemental Calendar Number
14 185.
15 THE SECRETARY: Calendar Number
16 1568, substituted earlier today, by member of
17 the Assembly John, Assembly Bill Number 10926-A,
18 an act to amend the Education Law.
19 ACTING PRESIDENT LACK: Senator
20 Present.
21 SENATOR PRESENT: Mr. President,
22 is there a message of necessity at the desk for
23 1568?
7338
1 ACTING PRESIDENT LACK: Senator,
2 there is a message. On the motion of Senator
3 Present to accept the message, all those in
4 favor, aye.
5 (Response of "Aye".)
6 Contrary, nay.
7 (There was no response.)
8 The message is accepted.
9 Last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT LACK: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 60.
16 ACTING PRESIDENT LACK: The bill
17 is passed.
18 Senator Present.
19 SENATOR PRESENT: Mr. President,
20 can we take up Calendar 1569?
21 ACTING PRESIDENT LACK: Calendar
22 1569, also on page 5 of the Senate Supplemental
23 Calendar Number 1, the Secretary will read.
7339
1 THE SECRETARY: Calendar Number
2 1569, Senate Budget Bill, Senate Bill Number
3 8861, amends Chapter 53 of the Laws of 1994
4 constituting the aid to localities budget.
5 ACTING PRESIDENT LACK: Senator
6 Present.
7 SENATOR PRESENT: Mr. President,
8 Is there a message of necessity at the desk?
9 ACTING PRESIDENT LACK: There is
10 a message, Senator. On the motion of Senator
11 Present to accept the message of necessity, all
12 those in favor, aye.
13 (Response of "Aye".)
14 Contrary, nay.
15 (There was no response.)
16 The message is accepted.
17 Last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT LACK: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 60.
7340
1 ACTING PRESIDENT LACK: The bill
2 is passed.
3 Senator Present.
4 SENATOR PRESENT: Take up
5 Calendar 1571.
6 ACTING PRESIDENT LACK: The
7 Secretary will read Calendar 1571 on page 6 of
8 the Senate Supplemental Calendar Number 1.
9 THE SECRETARY: Calendar Number
10 1571, Senator Tully moves to discharge the
11 Committee on Rules from Assembly Bill Number
12 7139-E and substitute it for the identical
13 Calendar Number 1571.
14 ACTING PRESIDENT LACK: The
15 substitution is ordered.
16 SENATOR PRESENT: Mr. President,
17 is there a message of necessity at the desk for
18 1571?
19 ACTING PRESIDENT LACK: There is
20 a message at the desk. On the motion of Senator
21 Present to accept the message, all those in
22 favor, aye.
23 (Response of "Aye".)
7341
1 Contrary, nay.
2 (There was no response.)
3 The message is accepted.
4 Last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT LACK: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 60.
11 ACTING PRESIDENT LACK: The bill
12 is passed.
13 SENATOR PRESENT: Mr. President,
14 can we take up Calendar 1556?
15 ACTING PRESIDENT LACK: The
16 Secretary will please read Calendar 1556 on page
17 4 of Senate Supplemental Calendar Number 1.
18 THE SECRETARY: Calendar Number
19 1556, by Senator Tully, Senate Bill Number
20 8394-B, an act to amend the Public Health Law,
21 in relation to primary and preventive obstetric
22 and gynecologic care provided for health
23 maintenance.
7342
1 ACTING PRESIDENT LACK: Last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT LACK: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 60.
9 ACTING PRESIDENT LACK: The bill
10 is passed.
11 THE SECRETARY: Ayes 59, nays 1,
12 Senator Cook recorded in the negative.
13 ACTING PRESIDENT LACK: Senator
14 Present.
15 SENATOR PRESENT: Can we take up
16 1567?
17 ACTING PRESIDENT LACK: The
18 Secretary will please read Calendar 1567, page
19 5.
20 THE SECRETARY: Calendar Number
21 1567, by Senator Skelos, Senate Bill Number
22 8829, an act to amend the Education Law.
23 ACTING PRESIDENT LACK: Last
7343
1 section.
2 Senator Jones.
3 SENATOR JONES: Would the Senator
4 yield to a question?
5 ACTING PRESIDENT LACK: Senator
6 Skelos, Senator Jones is asking you to yield.
7 SENATOR JONES: As you know,
8 Senator, I had some questions when this first
9 came up, and I'm really pleased to see that you
10 obtained money and it looks to me like it will
11 be a very excellent program.
12 Could you just clarify for me,
13 does the bill allow for a school district to use
14 Adam Walsh or DARE from existing programs, or
15 does it mandate that they have to use a new
16 one?
17 SENATOR SKELOS: Oh, no, you can
18 use private also.
19 SENATOR JONES: They can use
20 anything that's already out there.
21 SENATOR SKELOS: Yes.
22 SENATOR JONES: I just want to -
23 on the bill.
7344
1 ACTING PRESIDENT LACK: Senator
2 Jones, on the bill.
3 SENATOR JONES: I just want to
4 thank Senator Skelos for adding a lot of things
5 and changing things to this to make it a program
6 that I think is going to be beneficial in every
7 school throughout the state, and as a teacher
8 who spent many years working with children on
9 some of these same topics, I'm pleased to see
10 the program enhanced, and hopefully expanded
11 throughout the state.
12 ACTING PRESIDENT LACK: Last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT LACK: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 60.
20 ACTING PRESIDENT LACK: The bill
21 is passed.
22 SENATOOR CONNOR: Mr. President.
23 ACTING PRESIDENT LACK: Senator
7345
1 Connor.
2 SENATOOR CONNOR: Thank you, Mr.
3 President.
4 I'd like to ask unanimous consent
5 to be recorded in the negative on Calendar
6 Number 1420.
7 ACTING PRESIDENT LACK: Without
8 objection, Senator Connor will be recorded in
9 the negative on Calendar 1420.
10 Senator Present.
11 SENATOR PRESENT: Call up
12 Calendar 889.
13 ACTING PRESIDENT LACK: The
14 Secretary will please read Calendar 889 which is
15 on page 18 of the regular calendar.
16 THE SECRETARY: Calendar Number
17 889, Senator Seward moves to discharge the
18 Committee on Rules from Assembly Bill Number
19 10608-C and substitute it for the identical
20 Third Reading 889.
21 ACTING PRESIDENT LACK: The
22 substitution is ordered. Last section.
23 THE SECRETARY: Section 2. This
7346
1 act shall take effect immediately.
2 ACTING PRESIDENT LACK: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 60.
6 ACTING PRESIDENT LACK: The bill
7 is passed.
8 Senator Libous.
9 SENATOR LIBOUS: Thank you, Mr.
10 President.
11 On behalf of Senator -
12 ACTING PRESIDENT LACK: You would
13 like to return to motions and resolutions,
14 Senator?
15 SENATOR LIBOUS: I would like to
16 return to motions and resolutions, please.
17 ACTING PRESIDENT LACK: Senator
18 Libous.
19 SENATOR LIBOUS: On behalf of
20 Senator Volker, Mr. President, I wish to call up
21 his bill, Senate Print Number 8777, recalled
22 from the Assembly which is now at the desk.
23 ACTING PRESIDENT LACK: The
7347
1 Secretary will read.
2 THE SECRETARY: By Senator
3 Volker, Senate Bill Number 8777, in relation to
4 providing a retirement incentive for the city of
5 Buffalo.
6 ACTING PRESIDENT LACK: Senator
7 Libous.
8 SENATOR LIBOUS: Mr. President, I
9 now move to reconsider the vote by which this
10 bill was passed.
11 ACTING PRESIDENT LACK: At
12 Senator Libous' request, will you please
13 reconsider the vote by which this bill was
14 passed.
15 (The Secretary called the roll on
16 reconsideration.)
17 ACTING PRESIDENT LACK: Senator
18 Libous, Senator Volker's bill is now on the
19 floor.
20 SENATOR LIBOUS: Mr. President, I
21 now offer up the following amendments.
22 ACTING PRESIDENT LACK: The
23 amendments to Senator Volker's bill, by Senator
7348
1 Libous, are received and adopted.
2 SENATOR LIBOUS: Thank you very
3 much, Mr. President.
4 ACTING PRESIDENT LACK: You're
5 welcome, Senator.
6 The Secretary will read
7 substitutions.
8 THE SECRETARY: On page 10 of the
9 regular calendar, Senator Larkin moves to
10 discharge the Committee on Rules from Assembly
11 Bill Number 10301-A and substitute it for the
12 identical Third Reading 527.
13 On page 19, Senator Seward moves
14 to discharge the Committee on Rules from
15 Assembly Bill Number 11493-A and substitute it
16 for the identical Third Reading 952.
17 On page 28, Senator Stafford
18 moves to discharge the Committee on Rules from
19 Assembly bill Number 12153 and substitute it for
20 the identical Third Reading 1410.
21 ACTING PRESIDENT LACK:
22 Substitutions are ordered.
23 Senator Saland.
7349
1 SENATOR SALAND: I would like to
2 ask that Calendar 1569 -- I would like to ask
3 that the vote be reconsidered.
4 ACTING PRESIDENT LACK: Senator
5 Saland, we are procuring the bill.
6 SENATOR SALAND: Thank you.
7 ACTING PRESIDENT LACK: Senator
8 Saland, I have been informed that we do have
9 possession of the bill, although -- albeit not
10 exactly here within the chamber, within the
11 Senate's possession, so therefore, the Secretary
12 will call the roll on reconsideration on Senate
13 1569.
14 (The Secretary called the roll on
15 reconsideration.)
16 THE SECRETARY: Ayes 60.
17 ACTING PRESIDENT LACK: All
18 right, Senator. We'll say it it's here.
19 SENATOR SALAND: Thank you, Mr.
20 President.
21 I guess it would be appropriate
22 for me to ask that the bill be laid aside at
23 this point? The Chair tells me I can address
7350
1 the body on 8861, Calendar 1569.
2 This bill, as I understand it,
3 Mr. President, contains the federal drug monies,
4 federal drug monies somewhere in the area of $15
5 million. The bill draft I have here which is
6 off the computer, not the offical bill draft,
7 shows $14,987,900.
8 Previously when we passed the
9 state operations budget earlier this year, it
10 contained some $7.5 million. You're talking
11 somewhere in excess of $22 million.
12 I would suggest to you as you
13 peruse the long list of those organizations that
14 are going to be receiving money, please don't
15 run to your telephones and please don't get out
16 your letters telling them that they will be
17 receiving those dollars, because I would again
18 like to remind you, that due to the fact that
19 this state has not adopted legislation required
20 by the federal government, legislation which
21 requires us to have on our books by September 30
22 of 1994, the ability for the victim of a sex
23 offense crime to apply to the court and have her
7351
1 or his assailant tested for HIV, we will lose
2 ten percent of those $20-plus million. Those
3 monies are illusory. Those monies are not
4 there, and if we fail to act, all of those folks
5 that you see listed -- and I have two plus pages
6 of various items going to various organizations
7 throughout this state -- I'm assuming that they
8 will take at least a ten percent hit or, in
9 fact, if it's totally unrestricted or
10 unfettered, may, in fact, wind up with some
11 organizations taking far greater hits than
12 others, far greater reductions. We're talking
13 law enforcement entities.
14 Now, I'm not here to advocate
15 that we do not pass this bill. I am here to
16 make sure that we pass this bill with our eyes
17 open. I'm here basically to say that the second
18 floor in submitting this bill to us is engaging
19 in a charade, compounding the basic indignity
20 that has been forced upon countless victims by
21 failing to do the same thing that at least 37
22 other states have done in compliance with the
23 federal law which is to enact legislation. Not
7352
1 only will we lose $2.2 million this year, but
2 with no window of opportunity, nothing in the
3 federal law that says we can apply thereafter,
4 we will lose countless millions of dollars in
5 drug enforcement monies and drug treatment
6 monies over the course of however many more
7 years that program is on the books. We will
8 lose it and lose it forever. Not $22 million,
9 ladies and gentlemen, there is less than $20
10 million in this package.
11 The Governor should have been a
12 bit more forthright and I think the Governor,
13 perhaps in the waning moments -- this is not the
14 eleventh hour; it's probably closer to a quarter
15 to 12:00 -- could still get us a bill or still
16 help to us negotiate a bill that would make sure
17 that these $2.2 million are put to use for the
18 kinds of law enforcement purposes for which they
19 were intended.
20 Thank you, Mr. President.
21 ACTING PRESIDENT LACK: Last
22 section.
23 THE SECRETARY: Section 2. This
7353
1 act shall take effect immediately.
2 ACTING PRESIDENT LACK: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 60.
6 ACTING PRESIDENT LACK: The bill
7 is passed.
8 Senator Present.
9 SENATOR PRESENT: Mr. President,
10 can we take up Calendar 527?
11 ACTING PRESIDENT LACK: The
12 Secretary will please read Calendar 527 which is
13 on page 10 of the regular calendar.
14 THE SECRETARY: Calendar Number
15 527, substituted earlier today by member of the
16 Assembly Abbate, Assembly Bill Number 10301-A,
17 an act to amend the Real Property Tax Law.
18 ACTING PRESIDENT LACK: Last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT LACK: Call the
23 roll.
7354
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 60.
3 ACTING PRESIDENT LACK: The bill
4 is passed.
5 SENATOR PRESENT: Mr. President,
6 can we call up 1227?
7 ACTING PRESIDENT LACK: The
8 Secretary will please read Calendar Number 1227
9 which is located on page 24.
10 THE SECRETARY: Calendar Number
11 1227, substituted earlier today by the Assembly
12 Committee on Rules, Assembly Bill Number 12128,
13 an act to amend the Tax Law.
14 ACTING PRESIDENT LACK: Last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT LACK: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 60.
22 ACTING PRESIDENT LACK: The bill
23 is passed.
7355
1 Senator Present.
2 SENATOR PRESENT: Mr. President,
3 can we call up 1563?
4 ACTING PRESIDENT LACK: The
5 Secretary will please read Calendar 1563 on page
6 5 of the Senate Supplemental Calendar 1.
7 THE SECRETARY: Calendar Number
8 1563, substituted earlier today by member of the
9 Assembly Morelle, Assembly Bill Number 9341, an
10 act to amend the Education Law.
11 ACTING PRESIDENT LACK: Last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT LACK: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 60.
19 ACTING PRESIDENT LACK: The bill
20 is passed.
21 SENATOR PRESENT: Have the Senate
22 stand at ease.
23 ACTING PRESIDENT LACK: The
7356
1 Senate will stand at ease.
2 (Whereupon, the Senate stood at
3 ease.)
4 ACTING PRESIDENT SPANO: The
5 Senate will come to order.
6 Senator Present.
7 SENATOR PRESENT: Mr. President,
8 there being no further business, I move that we
9 adjourn until 1:58.
10 ACTING PRESIDENT SPANO: On the
11 motion of Senator Present, the Senate will stand
12 adjourned until 1:58.
13 (Whereupon, at 1:54 a.m., the
14 Senate adjourned.)
15
16
17
18
19
20
21
22
23