Regular Session - July 3, 1994
8033
1 ALBANY, NEW YORK
2 July 3, 1994
3 5:02 a.m.
4
5
6 REGULAR SESSION
7
8
9
10
11 SENATOR HUGH T. FARLEY, Acting President
12 STEPHEN F. SLOAN, Secretary
13
14
15
16
17
18
19
20
21
22
23
8034
1 P R O C E E D I N G S
2 SENATOR PRESENT: Mr. President.
3 ACTING PRESIDENT FARLEY: Senator
4 Present.
5 SENATOR PRESENT: Would you call
6 this session to order.
7 ACTING PRESIDENT FARLEY: Senate
8 will come to order.
9 Please rise to the Pledge of
10 Allegiance to the Flag.
11 (Whereupon, the Senate joined in
12 the Pledge of Allegiance to the Flag.)
13 This morning, in the absence of
14 visiting clergy, we will bow our heads for a
15 moment of silence.
16 (Whereupon, there was a moment of
17 silence.)
18 Secretary will begin by reading
19 the Journal.
20 THE SECRETARY: In Senate,
21 Saturday, July 2. The Senate met pursuant to
22 adjournment. The Journal of July 1 was read and
23 approved. On motion, Senate adjourned.
8035
1 ACTING PRESIDENT FARLEY: Hearing
2 no objection, the Journal will stand approved as
3 read.
4 The order of business:
5 Presentation of petitions.
6 Messages from the Assembly.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 We have none.
14 Senator Present, we're ready for
15 the calendar, if you are.
16 We'll stand at ease for a
17 moment.
18 (The Senate was at ease.)
19 SENATOR PRESENT: Mr. President.
20 ACTING PRESIDENT FARLEY: Senator
21 Present.
22 SENATOR PRESENT: Mr. President.
23 On behalf of Senator Stafford, I wish to call up
8036
1 his bill, Senate Print 8031A, recalled from the
2 Assembly, which is now at the desk.
3 ACTING PRESIDENT FARLEY:
4 Secretary will read it.
5 THE SECRETARY: By Senator
6 Stafford, Senate Bill Number 8031A, proposing an
7 amendment to the Constitution, in relation to
8 the exchange of certain forest preserve land.
9 SENATOR PRESENT: Mr. President.
10 I now move to reconsider the vote by which this
11 bill was passed and that the bill be restored to
12 the order of third reading.
13 ACTING PRESIDENT FARLEY: Call
14 the roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 60.
18 ACTING PRESIDENT FARLEY: The
19 bill is before the house.
20 Senator Present.
21 SENATOR PRESENT: I now move to
22 discharge the Committee on Rules from Print
23 Number 12097 and substitute it for the Senator
8037
1 Stafford's identical bill. The Senate bill on
2 first passage was voted unanimously. I now move
3 that the substituted Assembly bill have its
4 third reading at this time.
5 ACTING PRESIDENT FARLEY: Read
6 the last section. It's not a bill.
7 SENATOR PRESENT: Just lay it
8 aside right now.
9 ACTING PRESIDENT FARLEY: Do you
10 want to lay it aside? Okay.
11 It's a resolution. Do you want
12 the resolution adopted?
13 SENATOR PRESENT: No.
14 ACTING PRESIDENT FARLEY: No?
15 Lay it aside.
16 (The Senate was at ease.)
17 SENATOR PRESENT: Mr. President.
18 ACTING PRESIDENT FARLEY: Senator
19 Present.
20 SENATOR PRESENT: I'm going to
21 ask for a quorum call, and ask you to please
22 call the roll.
23 ACTING PRESIDENT FARLEY:
8038
1 Secretary will call the roll for quorum call.
2 Ring the bell.
3 THE SECRETARY: Senator Babbush.
4 (There was no response.)
5 Senator Bruno.
6 SENATOR BRUNO: Here.
7 THE SECRETARY: Senator Connor.
8 SENATOR CONNOR: Here.
9 THE SECRETARY: Senator Cook.
10 (There was no response.)
11 Senator Daly.
12 (There was no response.)
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: Here.
15 THE SECRETARY: Senator DiCarlo.
16 SENATOR DiCARLO: Here.
17 THE SECRETARY: Senator
18 Dollinger.
19 SENATOR DOLLINGER: Here.
20 THE SECRETARY: Senator Espada.
21 (There was no response.)
22 Senator Farley.
23 SENATOR FARLEY: I'm here.
8039
1 THE SECRETARY: Senator Galiber.
2 SENATOR GALIBER: Here.
3 THE SECRETARY: Senator Gold.
4 SENATOR GOLD: Yes.
5 THE SECRETARY: Senator
6 Gonzalez.
7 (There was no response.)
8 Senator Goodman.
9 (There was no response.)
10 Senator Hannon.
11 SENATOR HANNON: Yes.
12 THE SECRETARY: Senator
13 Hoffmann.
14 SENATOR HOFFMANN: Here.
15 THE SECRETARY: Senator Holland.
16 SENATOR HOLLAND: Here.
17 THE SECRETARY: Senator Johnson.
18 SENATOR JOHNSON: Yes.
19 THE SECRETARY: Senator Jones.
20 SENATOR JONES: Here.
21 THE SECRETARY: Senator Kruger.
22 SENATOR KRUGER: Here.
23 THE SECRETARY: Senator Kuhl.
8040
1 SENATOR KUHL: Present.
2 THE SECRETARY: Senator Lack.
3 SENATOR LACK: Aye.
4 THE SECRETARY: Senator Larkin.
5 (There was no response.)
6 Senator LaValle.
7 SENATOR LAVALLE: Here.
8 THE SECRETARY: Senator Leichter.
9 SENATOR LEICHTER: Here.
10 THE SECRETARY: Senator Levy.
11 (There was no response.)
12 Senator Libous.
13 SENATOR LIBOUS: Aye.
14 THE SECRETARY: Senator Maltese.
15 (There was no response.)
16 Senator Marchi.
17 SENATOR MARCHI: Present.
18 THE SECRETARY: Senator Marino.
19 (There was no response.)
20 Senator Markowitz.
21 SENATOR MARKOWITZ: Barely.
22 THE SECRETARY: Senator Mendez.
23 SENATOR MENDEZ: Here.
8041
1 THE SECRETARY: Senator
2 Montgomery.
3 SENATOR MONTGOMERY: Here.
4 THE SECRETARY: Senator Nanula.
5 SENATOR NANULA: Here.
6 THE SECRETARY: Senator Nolan.
7 (There was no response.)
8 Senator Nozzolio.
9 SENATOR NOZZOLIO: Here.
10 THE SECRETARY: Senator
11 Ohrenstein.
12 (There was no response.)
13 Senator Onorato.
14 (There was no response.)
15 Senator Oppenheimer.
16 SENATOR OPPENHEIMER: Here.
17 THE SECRETARY: Senator Padavan.
18 SENATOR PADAVAN: Here.
19 THE SECRETARY: Senator Pataki.
20 SENATOR PATAKI: Here.
21 THE SECRETARY: Senator Paterson.
22 SENATOR PATERSON: Mr.
23 President. To explain my presence.
8042
1 ACTING PRESIDENT FARLEY: We have
2 a quorum, Senator Present.
3 SENATOR PRESENT: Thank you.
4 ACTING PRESIDENT FARLEY: Quorum
5 is present.
6 SENATOR PRESENT: Calendar 1628.
7 ACTING PRESIDENT FARLEY: 1628,
8 Secretary will read it.
9 THE SECRETARY: Calendar Number
10 16 -
11 ACTING PRESIDENT FARLEY: Senator
12 Stafford.
13 SENATOR STAFFORD: Can we return
14 to motions and resolutions?
15 ACTING PRESIDENT FARLEY: Yes, we
16 may, I guess.
17 SENATOR STAFFORD: Thank you.
18 Mr. President. I wish to call up my bill,
19 Senate Print Number 7970A -
20 ACTING PRESIDENT FARLEY: Hold on
21 a minute. I'm going to ask that the
22 conversations be held down. We can't hear
23 Senator Stafford.
8043
1 SENATOR STAFFORD: -- recalled
2 from the Assembly, which is now at the desk.
3 ACTING PRESIDENT FARLEY:
4 Secretary will read it.
5 THE SECRETARY: By Senator
6 Stafford, Senate Bill Number 7970A, proposing an
7 amendment to the Constitution, in relation to
8 the exchange of certain forest preserve land.
9 ACTING PRESIDENT FARLEY: Senator
10 Stafford.
11 SENATOR STAFFORD: Mr.
12 President. I now move to reconsider the vote by
13 which this bill was passed and ask that the bill
14 be restored to the order of third reading.
15 ACTING PRESIDENT FARLEY: Call
16 the roll on reconsideration.
17 (The Secretary called the roll on
18 reconsideration.)
19 THE SECRETARY: Ayes 60.
20 ACTING PRESIDENT FARLEY: The
21 bill is before the house.
22 SENATOR GOLD: Just hold on one
23 second.
8044
1 ACTING PRESIDENT FARLEY: Senator
2 Stafford, did you wish to continue?
3 SENATOR STAFFORD: Hold for just
4 a minute.
5 SENATOR PRESENT: We will stand
6 at ease for a moment.
7 ACTING PRESIDENT FARLEY: Senate
8 will stand at ease.
9 (The Senate was at ease.)
10 ACTING PRESIDENT FARLEY: Senator
11 Present, is it all right to recognize Senator
12 Stafford for a motion?
13 SENATOR PRESENT: Let's do that
14 now.
15 SENATOR STAFFORD: Would you like
16 me to start right in the middle of the sentence.
17 ACTING PRESIDENT FARLEY: Why
18 don't we start all over again.
19 SENATOR STAFFORD: All over. Mr.
20 President. I wish to call up my bill, Senate
21 Print Number 7970A, recalled from the Assembly,
22 which is now at the desk.
23 ACTING PRESIDENT FARLEY:
8045
1 Secretary will read the bill.
2 THE SECRETARY: By Senator
3 Stafford, Senate Bill Number 7970A, proposing an
4 amendment to the Constitution, in relation to
5 the exchange of certain forest preserve land.
6 ACTING PRESIDENT FARLEY: Senator
7 Stafford.
8 SENATOR STAFFORD: Mr.
9 President. I now move to reconsider the vote by
10 which the bill was passed and ask that bill be
11 restored to the order of Third Reading.
12 ACTING PRESIDENT FARLEY: Call
13 the roll on reconsideration.
14 (The Secretary called the roll on
15 reconsideration.)
16 THE SECRETARY: Ayes 53.
17 ACTING PRESIDENT FARLEY: Senator
18 Stafford, the bill is before the house.
19 SENATOR STAFFORD: I now move to
20 discharge from the Committee on Rules Assembly
21 Print Number 12129 and substitute it for my
22 identical bill.
23 ACTING PRESIDENT FARLEY:
8046
1 Substitution is ordered.
2 SENATOR STAFFORD: I now move
3 that the substituted Assembly bill have its
4 third reading at this time having the same vote
5 as the Senate bill which was previously passed.
6 ACTING PRESIDENT FARLEY: The
7 Secretary will read the last section. No, this
8 is a resolution. Call the roll on the
9 resolution.
10 (The Secretary called the roll.)
11 THE SECRETARY: Those recorded in
12 the negative when the bill was originally passed
13 on June 30 are Senators Babbush, Connor,
14 Dollinger, Gold, Goodman, Jones, Kruger,
15 Leichter, Markowitz, Montgomery, Nanula,
16 Ohrenstein, Onorato, Oppenheimer, Paterson,
17 Stachowski and Stavisky.
18 SENATOR DOLLINGER: Mr.
19 President.
20 ACTING PRESIDENT FARLEY: Senator
21 Dollinger.
22 SENATOR DOLLINGER: Do we have
23 this bill or whatever it is at the desk?
8047
1 SENATOR TULLY: Mr. President.
2 ACTING PRESIDENT FARLEY: Why do
3 you rise, Senator Tully?
4 SENATOR TULLY: Would you advise
5 the member that has the floor now that it's
6 decorum in this Senate to put your jacket on and
7 put your tie on when this place is in session.
8 SENATOR DOLLINGER: Absolutely,
9 Mr. President.
10 ACTING PRESIDENT FARLEY: Senator
11 Dollinger, a jacket is required in the Senate.
12 Results of the -
13 SENATOR DOLLINGER: Mr.
14 President. Could I -
15 THE SECRETARY: Ayes 36. Nays
16 17.
17 ACTING PRESIDENT FARLEY: Senator
18 Dollinger. The resolution is adopted.
19 Senator Dollinger.
20 SENATOR DOLLINGER: Okay. I just
21 wanted to make sure what we have just done. We
22 just ratified the prior vote on this bill; is
23 that correct?
8048
1 ACTING PRESIDENT FARLEY: That's
2 correct.
3 Senator Stafford.
4 SENATOR STAFFORD: Thank you, Mr.
5 President. One more. I wish to call up my
6 bill, Senate 8031A, recalled from the Assembly,
7 which is now at the desk.
8 ACTING PRESIDENT FARLEY:
9 Secretary will read Senator Stafford's bill.
10 THE SECRETARY: By Senator
11 Stafford, Senate Bill Number 8031A, proposing an
12 amendment to the Constitution in relation to the
13 exchange of certain forest preserve land.
14 ACTING PRESIDENT FARLEY: Senator
15 Stafford.
16 SENATOR STAFFORD: Mr.
17 President. I now move to reconsider the vote by
18 which this bill was passed.
19 ACTING PRESIDENT FARLEY: Call
20 the roll on reconsideration.
21 (The Secretary called the roll on
22 reconsideration.)
23 THE SECRETARY: Ayes 53.
8049
1 ACTING PRESIDENT FARLEY: The
2 bill is before the house.
3 Senator Stafford.
4 SENATOR STAFFORD: And ask that
5 is this bill have its third reading.
6 I now move to discharge from the
7 Committee on Rules Assembly Print Number 12097
8 and substitute it for my identical bill.
9 ACTING PRESIDENT FARLEY:
10 Substitution is ordered.
11 SENATOR STAFFORD: The Senate
12 bill on its first passage was voted
13 unanimously. I now move that the substituted
14 Assembly bill have its third reading at this
15 time.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Unanimous.
20 ACTING PRESIDENT FARLEY: The
21 resolution is adopted.
22 SENATOR KUHL: Mr. President.
23 ACTING PRESIDENT FARLEY: Senator
8050
1 Kuhl.
2 SENATOR KUHL: Can we have the
3 Secretary call up on Supplemental Calendar 1,
4 Calendar Number 1628, by Senator Saland.
5 ACTING PRESIDENT FARLEY: 1628,
6 on Sup' Calendar 1, by Senator Saland.
7 THE SECRETARY: Calendar Number
8 1628, by Senator Saland, Senate Bill Number
9 8667A, an act to amend the Insurance Law.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 53.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 Senator Kuhl.
21 SENATOR KUHL: Now, may we return
22 to Calendar Number 74. That's the regular
23 calendar, page 27, Calendar Number 1580, by
8051
1 Senator Velella.
2 ACTING PRESIDENT FARLEY: 1580,
3 by Senator Velella. Secretary will read it.
4 THE SECRETARY: Calendar Number
5 1580, by Senator Velella, Senate Bill Number
6 8422A, an act to amend Chapter 696 of the Laws
7 of 1887, relating to providing hospitals orphan
8 asylums and other charitable institutions in the
9 City of New York.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 53.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 (The Senate was at ease.)
21 SENATOR PRESENT: Mr. President.
22 Can we call up 1595.
23 ACTING PRESIDENT FARLEY: 1595,
8052
1 the Secretary will read it.
2 THE SECRETARY: Calendar Number
3 1595, by the Senate Committee on Rules -
4 ACTING PRESIDENT FARLEY: It's on
5 the regular calendar.
6 THE SECRETARY: On page 29,
7 Senate Bill Number 8779, an act in relation to
8 allowing certain persons in New York State and
9 local employees retirement system to purchase
10 certain credit.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 54.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 (The Senate was at ease.)
22 ACTING PRESIDENT FARLEY: Senator
23 Present.
8053
1 SENATOR PRESENT: Let's start out
2 on Supplemental Calendar Number 3.
3 ACTING PRESIDENT FARLEY:
4 Supplemental Calendar Number 3.
5 SENATOR PRESENT: 1676.
6 ACTING PRESIDENT FARLEY: 1676.
7 THE SECRETARY: Calendar Number
8 1676, by Senator Spano, Senate Bill 4554A, Local
9 Finance Law.
10 ACTING PRESIDENT FARLEY: There
11 is a home rule message here at the desk.
12 You can read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 54.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 (The Senate was at ease.)
22 THE SECRETARY: Calendar Number
23 1677, by Senator Saland, Senate Bill Number
8054
1 8668 -
2 SENATOR GOLD: Explanation.
3 THE SECRETARY: -- an act to
4 amend the Banking Law.
5 ACTING PRESIDENT FARLEY:
6 Explanation has been called for.
7 Senator Saland.
8 SENATOR SALAND: Thank you, Mr.
9 President.
10 Mr. President. I'm sure you and
11 my colleagues are familiar with the link deposit
12 program. It was established by legislation last
13 year. What it does is makes low interest loans
14 available. It's an economic development tool.
15 The state -
16 SENATOR GOLD: Last section.
17 ACTING PRESIDENT FARLEY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT FARLEY: Call
22 the roll.
23 (The Secretary called the roll.)
8055
1 SENATOR TULLY: Mr. President.
2 ACTING PRESIDENT FARLEY: Senator
3 Tully, do you wish to speak on the bill?
4 SENATOR TULLY: Would the sponsor
5 yield for a question?
6 ACTING PRESIDENT FARLEY: Would
7 you yield for a question from Senator Tully.
8 SENATOR SALAND: Certainly, Mr.
9 President.
10 SENATOR TULLY: Mr. President.
11 Is this bill an agreed upon bill.
12 SENATOR SALAND: This bill, it
13 has a companion in the Assembly. As of this
14 moment as we speak, it is not agreed upon.
15 SENATOR TULLY: Thank you.
16 ACTING PRESIDENT FARLEY:
17 Continue the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT FARLEY: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 54.
8056
1 ACTING PRESIDENT FARLEY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1682, by Senator Johnson, Senate Bill Number
5 8826A, Environmental Conservation Law.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 54.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 SENATOR PRESENT: Senate will
17 stand at ease.
18 ACTING PRESIDENT FARLEY: Senate
19 will stand at ease.
20 (Senate was at ease.)
21 ACTING PRESIDENT FARLEY: Senator
22 Present.
23 SENATOR PRESENT: Mr. President.
8057
1 There will be a immediate meeting of the Rules
2 Committee in Room 332.
3 ACTING PRESIDENT FARLEY: There
4 will be an immediate meeting of the Rules
5 Committee in Room 332.
6 (The Senate stood at ease.)
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
8058
1 ....At 7:09 a.m....
2 ACTING PRESIDENT KUHL: Senate
3 will come to order.
4 The Chair recognizes Senator
5 Present.
6 SENATOR PRESENT: Mr. President,
7 we'll take up Calendar 450, 802 and 1650 -
8 1615, in that order. 450 and 802 are on our
9 original calendar. 1615 is in Supplemental
10 Calendar Number 1.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read Calendar Number 450.
13 THE SECRETARY: Calendar Number
14 450, Senator Marino moves to discharge the
15 Committee on Rules from Assembly Bill Number
16 4694-A and substitute it for the identical Third
17 Reading 450.
18 ACTING PRESIDENT KUHL: Senator
19 Present.
20 SENATOR PRESENT: Is there a
21 message of necessity on Calendar 450?
22 ACTING PRESIDENT KUHL:
23 Substitution ordered. I'm informed that there
8059
1 is a message of necessity at the desk.
2 SENATOR PRESENT: Mr. President,
3 I move that we accept that message.
4 ACTING PRESIDENT KUHL: Senator
5 Dollinger, you sure, now, you understand? Bill
6 came back, was restored to the calendar so it's
7 not on the print.
8 I'm informed, Senator Present,
9 that there is a message of necessity at the
10 desk.
11 SENATOR PRESENT: I move that we
12 accept the message.
13 ACTING PRESIDENT KUHL: Motion is
14 to accept the message of necessity. All those
15 in favor signify by saying aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response. )
19 The message is accepted.
20 Secretary will read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8060
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 ACTING PRESIDENT KUHL: Announce
5 the results when tabulated.
6 THE SECRETARY: Ayes 53, nays
7 one, Senator Leichter recorded in the negative.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 Secretary will read Calendar
11 Number 802 on your regular calendar.
12 THE SECRETARY: On page 14,
13 Calendar Number 802, substituted earlier, by the
14 Committee -- the Assembly Committee on Rules,
15 Assembly Bill Number 8130-A, an act to amend the
16 Education Law, the Social Services Law and the
17 Executive Law, in relation to the education of
18 homeless children.
19 ACTING PRESIDENT KUHL: Secretary
20 will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
8061
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 54.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 Secretary will now read Calendar
7 Number 1615 on Supplemental Calendar 1.
8 THE SECRETARY: Calendar Number
9 1615, substituted earlier, by the Assembly
10 Committee on Rules, Assembly Bill Number
11 11987-A, Education Law, in relation to
12 establishing 21st Century schools.
13 SENATOR LEICHTER: Mr.
14 President.
15 ACTING PRESIDENT KUHL: Senator
16 Leichter.
17 SENATOR LEICHTER: Would Senator
18 Cook yield?
19 ACTING PRESIDENT KUHL: Senator
20 Cook, would you yield? Senator Cook yields.
21 SENATOR LEICHTER: Yes. Those
22 schools which are designated 21st Century
23 schools, I believe there's going to be 60 of
8062
1 them.
2 SENATOR COOK: Yes.
3 SENATOR LEICHTER: Do they
4 receive extra funding?
5 SENATOR COOK: No.
6 SENATOR LEICHTER: All they
7 receive is the right to be free of certain
8 regulations and so on, and that's so great?
9 Thank you.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the last section.
12 SENATOR HANNON: Mr. President.
13 ACTING PRESIDENT KUHL: Senator
14 Hannon, why do you rise?
15 SENATOR HANNON: I just wanted to
16 ask the sponsor if he would yield?
17 ACTING PRESIDENT KUHL: Senator
18 Cook, do you yield to Senator Hannon? Senator
19 yields.
20 SENATOR HANNON: Does this
21 describe what mandates they're relieved of?
22 SENATOR COOK: Oh, lots of them.
23 SENATOR HANNON: Do you remember
8063
1 what -
2 SENATOR COOK: Senator, the -
3 the mandates that are waiveable are anything
4 except those that are expressly stated in the
5 bill.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 ACTING PRESIDENT KUHL: Senator
14 LaValle to explain his vote.
15 SENATOR LAVALLE: Mr. President,
16 I'm going to cast my vote in the negative on
17 this legislation because there are provisions
18 here that I believe we don't know enough about
19 dealing with school-based planning continuation
20 and really a mechanism to continue the Compact
21 for Learning, and so I think that, while there
22 seems to be some good and desirable things, this
23 is wrapped around some things that may not turn
8064
1 out to be particularly desirable for many of our
2 communities. So I'm casting my vote in the
3 negative.
4 ACTING PRESIDENT KUHL: Senator
5 LaValle will be recorded in the negative.
6 Senator Leichter to explain his
7 vote.
8 SENATOR LEICHTER: Yeah, Mr.
9 President.
10 I have a lot of questions about
11 this bill and this program. It seems to be
12 something that promises a lot. It's a nice
13 glitzy term, and I guess maybe it will make a
14 good campaign commercial for somebody, but I
15 think it's not going to do very much for the -
16 in fact, not do anything for the students in the
17 state of New York. I really don't think it's
18 well thought out. It isn't funded; really
19 doesn't do so much. I'm going to vote in the
20 negative.
21 ACTING PRESIDENT KUHL: Senator
22 Leichter will be recorded in the negative.
23 Senator Stavisky in the
8065
1 negative.
2 Secretary will announce the
3 results when tabulated.
4 THE SECRETARY: Ayes 52, nays 2,
5 Senators LaValle and Leichter recorded in the
6 negative. I'm sorry, also Senator Stavisky.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 The Chair recognizes Senator
10 Present.
11 SENATOR PRESENT: Mr. President,
12 let's take up Calendar Number 1693 on the third
13 Supplemental Calendar.
14 ACTING PRESIDENT KUHL: Secretary
15 will read Calendar Number 1693. Senator
16 Present, I'm informed that 16 -- Calendar Number
17 1693 is still high. There doesn't appear to be
18 a message of necessity at the desk that was
19 issued on July 3rd.
20 SENATOR PRESENT: Lay it aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 SENATOR PRESENT: Mr. President,
8066
1 let's return to reports of standing committees.
2 ACTING PRESIDENT KUHL: We'll
3 return to reports of standing committees. Ask
4 the Secretary to read.
5 THE SECRETARY: Senator Marino,
6 from the Committee on Rules, reports the
7 following bills directly for third reading:
8 Senate Bill Number 2737-D, by
9 Senator Larkin, Real Property Tax Law, in
10 relation to the assessment of special
11 franchises;
12 3800-B, by Senator Maltese,
13 Criminal Procedure Law and the Executive Law;.
14 5347-A, by Senator Maltese, an
15 act to amend the Vehicle and Traffic Law, in
16 relation to the registration and operation of
17 tow trucks;
18 6529-B, by Senator Spano and
19 Larkin, proposing an amendment to the
20 Constitution;
21 6631-A, by Senator DeFrancisco,
22 Education Law, in relation to the transportation
23 of pupils;
8067
1 7798, by Senator Skelos, an act
2 to amend the General Municipal Law, in relation
3 to the right of action to certain injured or
4 representatives of deceased police officers;
5 7864, by Senator DeFrancisco,
6 Environmental Conservation Law;
7 7973-A, by Senator Stafford,
8 Public Lands Law;
9 8174-B, by Senator Johnson,
10 establish a special task force on fish;
11 8756-A, by Senator Levy, an act
12 to amend the Vehicle and Traffic Law;
13 8835, by Senator Oppenheimer, an
14 act to amend the Vehicle and Traffic Law;
15 8838, by Senator Dollinger, an
16 act to amend the Vehicle and Traffic Law;
17 8842-A, by the Committee on
18 Rules, an act to amend the Retirement and Social
19 Security Law;
20 8864, by Senator Daly, an act to
21 amend the Public Service Law;
22 8884, by Senator Padavan, Real
23 Property Tax Law;
8068
1 8891, by Senator Stafford,
2 Racing, Pari-Mutuel Wagering and Breeding Law;
3 Assembly Bill Number 11698, with
4 the Senate Reprint Number of 21009-A, by the
5 Assembly Committee on Rules, an act to amend the
6 Education Law, in relation to making provisions
7 for -- regarding the annual estimates of certain
8 city school districts;
9 Also Assembly -- Assembly Bill
10 Number 12232, by the Assembly Committee on
11 Rules, an act to amend the Public Health Law, in
12 relation to child health plans.
13 All bills reported directly for
14 third reading.
15 ACTING PRESIDENT KUHL: All bills
16 reported directly to third reading.
17 We're awaiting the arrival of a
18 calendar expected momentarily, so until then
19 we'll stand at ease. Should be just a few
20 minutes.
21 (The Senate stood at ease
22 briefly.)
23 ACTING PRESIDENT LIBOUS: Senator
8069
1 Present.
2 SENATOR PRESENT: Mr. President,
3 can we call up Calendar 666.
4 ACTING PRESIDENT LIBOUS: Call
5 Calendar 666. Which calendar?
6 SENATOR PRESENT: On the regular
7 calendar.
8 THE SECRETARY: On page 11 of the
9 regular calendar, Calendar Number 666,
10 substituted earlier, by member of the Assembly
11 Rappleyea, Assembly Bill Number 1029-A, an act
12 to amend the Insurance Law, in relation to the
13 reconversion of domestic mutual property.
14 ACTING PRESIDENT LIBOUS: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT LIBOUS: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 54.
22 ACTING PRESIDENT LIBOUS: The
23 bill is passed.
8070
1 (The Senate stood at ease. )
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order.
4 The Chair recognizes Senator
5 Present.
6 SENATOR PRESENT: Mr. President,
7 let's do a non-controversial calendar on
8 Supplemental Calendar Number 4.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the non-controversial calendar,
11 Supplemental Calendar Number 4.
12 SENATOR PRESENT: Calendar Number
13 1697, Senator Larkin moves to discharge the
14 Committee on Rules from Assembly Bill Number
15 11855-A, and substitute it for the identical
16 Third Reading 1697.
17 ACTING PRESIDENT KUHL:
18 Substitution is ordered. Secretary will read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
8071
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 54.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 SENATOR HOFFMANN: Mr.
6 President.
7 ACTING PRESIDENT KUHL: Chair
8 recognizes Senator Hoffmann.
9 SENATOR HOFFMANN: Just a point
10 of information. I know that it's late and we're
11 all getting very confused, but I'm looking at
12 Senate Supplemental Calendar Number 4, and I see
13 that it's dated Saturday, July 2nd, 1994.
14 Now, I just want to go back over
15 the little discussion that we had at 5:00 a.m.,
16 when we gaveled out and gaveled in a new
17 session, and I wanted to find out once again for
18 the record, what day is this?
19 SENATOR PRESENT: The day is -
20 today is Sunday, July 3rd. The error you
21 spotted was a typographical omission or change.
22 We regret it, and we thought it would just -
23 and we would explain it rather than send it back
8072
1 and get a whole new printing of all of them.
2 SENATOR HOFFMANN: Thank you,
3 Senator.
4 ACTING PRESIDENT KUHL: Secretary
5 will continue to read the non-controversial
6 calendar.
7 THE SECRETARY: Calendar Number
8 1698, Senator Maltese moves to discharge the
9 Committee on Rules from Assembly Bill Number
10 5465-D, and substitute it for the identical
11 Calendar Number 1698.
12 ACTING PRESIDENT KUHL:
13 Substitution is ordered. Secretary will read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 54.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
8073
1 1699, Senator Maltese moves to discharge the
2 Committee on Rules from Assembly Bill Number
3 3434-B and substitute it for the identical
4 Calendar Number 1699.
5 ACTING PRESIDENT KUHL:
6 Substitution is ordered.
7 Secretary will read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 54.
15 ACTING PRESIDENT KUHL: No.
16 THE SECRETARY: Ayes 53, nays
17 one, Senator Kuhl recorded in the negative.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1700, by Senator Spano, Senate Bill -
22 ACTING PRESIDENT KUHL: Hold on.
23 SENATOR SALAND: Excuse me, Mr.
8074
1 President. Was that last bill 1699?
2 ACTING PRESIDENT KUHL: Yes, it
3 was.
4 SENATOR SALAND: I, too, would
5 like to be recorded in the negative.
6 ACTING PRESIDENT KUHL: Without
7 objection, Senator Saland will be recorded in
8 the negative on 1699.
9 Senator Seward, also Senator
10 Libous, also Senator Wright -
11 ACTING PRESIDENT KUHL: The
12 Secretary will call the roll again on Calendar
13 Number 1699. Will the negatives on Calendar
14 Number 1699 raise their hands, please.
15 (The Secretary called the roll. )
16 ACTING PRESIDENT KUHL: Announce
17 the results when tabulated.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1699 are
20 Senators Cook, DeFrancisco, Dollinger, Farley,
21 Holland, Kuhl, Larkin, LaValle, Libous,
22 Nozzolio, Rath, Saland, Seward, Wright, also
23 Senator Hoffmann.
8075
1 ACTING PRESIDENT KUHL: Announce
2 the results.
3 THE SECRETARY: Also Senator
4 Nanula; also Senator Kruger.
5 SENATOR GOLD: No, no, no. Wait
6 a minute. O.K.
7 SENATOR NANULA: I'm yes.
8 THE SECRETARY: Ayes 39, nays
9 15.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1700, by Senator Spano.
14 SENATOR GOLD: Lay it aside,
15 please.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside.
18 THE SECRETARY: Calendar Number
19 1701, by Senator DeFrancisco, Senator
20 DeFrancisco moves to discharge the Committee on
21 Rules from Assembly Bill Number 8316-B, and
22 substitute it for the identical Calendar Number
23 1701.
8076
1 ACTING PRESIDENT KUHL:
2 Substitution is ordered.
3 Secretary will read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 54.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1702, Senator Skelos moves to discharge the
15 Committee on Rules from Assembly Bill Number
16 9677-B and substitute it for the identical Third
17 Reading 1702.
18 ACTING PRESIDENT KUHL:
19 Substitution is ordered.
20 Secretary will read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8077
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 54.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1703, by Senator DeFrancisco, Senate Bill Number
9 786-A, Environmental Conservation Law.
10 SENATOR GOLD: Lay it aside.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 1704, Senator Stafford moves to discharge the
15 Committee on Rules from Assembly Bill Number
16 11948, and substitute it for the identical Third
17 Reading 1704.
18 ACTING PRESIDENT KUHL:
19 Substitution is ordered.
20 Secretary will call the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8078
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 54.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1705, by Senator Johnson, Senate Bill Number
9 8471-B.
10 SENATOR GOLD: Lay it aside.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 1706, by Senator Levy, Senate Bill Number
15 8756-A, an act to amend the Vehicle and Traffic
16 Law.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
8079
1 THE SECRETARY: Ayes 54.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1707, Senator Oppenheimer moves to discharge the
6 Committee on Rules from Assembly Bill Number
7 12185 and substitute it for the identical Third
8 Reading 1707.
9 ACTING PRESIDENT KUHL:
10 Substitution is ordered, and there's a home rule
11 message at the desk. Secretary will read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 54.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1708, Senator Dollinger moves to discharge the
23 Committee on Rules from Assembly Bill Number
8080
1 12184-A and substitute it for the identical
2 Third Reading 1708.
3 ACTING PRESIDENT KUHL:
4 Substitution is ordered. There's a home rule
5 message at the desk. Secretary will read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 54.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1709, by the Senate Committee -- by the Senate
17 Committee on Rules, Senate Bill Number 8842-A,
18 Retirement and Social Security Law.
19 ACTING PRESIDENT KUHL: This is
20 high. There's no message at the desk, so we'll
21 lay the bill aside.
22 THE SECRETARY: Calendar Number
23 1710, Senator Daly moves to discharge the
8081
1 Committee on Rules from Assembly Bill Number
2 12216 and substitute it for the identical Third
3 Reading 1710.
4 ACTING PRESIDENT KUHL:
5 Substitution is ordered. Secretary will read
6 the last section.
7 Senator Present, I'm informed by
8 the desk that the Assembly bill is high, so
9 we're not able to address this at this moment,
10 so we'll lay the bill aside.
11 THE SECRETARY: Calendar Number
12 1711, Senator Padavan moves to discharge the
13 Committee on Rules from Assembly Bill Number
14 12175-A and substitute it for the identical
15 Third Reading 1711.
16 ACTING PRESIDENT KUHL:
17 Substitution is ordered. The bill is high, so
18 it will be laid aside.
19 THE SECRETARY: Calendar Number
20 1712, Senator Stafford moves to discharge the
21 Committee on Rules from Assembly Bill Number
22 12254 and substitute it for the identical Third
23 Reading 1712.
8082
1 ACTING PRESIDENT KUHL:
2 Substitution is ordered. The bill is high. It
3 will be laid aside.
4 Senator Present, I'm informed by
5 the Secretary that, in fact, 1713 and '14, as
6 indicated on the calendar, are both high, so
7 they'll be laid aside.
8 That does complete the -- that
9 does complete the non-controversial calendar
10 that you have at the desk. I have a message
11 from the Assembly, Assembly hand-down. We could
12 take that up at this time. Ask the Secretary to
13 read.
14 THE SECRETARY: The Assembly sent
15 for concurrence the following bill: Assembly
16 Bill Number 12088, by the Assembly Committee on
17 Rules, an act to amend Chapter 36 of the Laws of
18 1993, amending the Highway Law and other laws
19 relating to the state's infrastructure system.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the last section. Excuse me. Without
22 objection, this will go to third reading. Ask
23 the Secretary to read the last section.
8083
1 SENATOR GOLD: Wait, hold it.
2 Yes, please, Mr. President.
3 ACTING PRESIDENT KUHL: Senator
4 Gold, we'll lay this bill aside. I'm informed
5 by the Secretary that the members have never had
6 this bill placed on their desks, so we'll lay it
7 aside at least until that's done.
8 SENATOR GOLD: Yeah, that's fine,
9 and following the procedure that we've had for
10 years in this house, and when the bill is
11 called, I would like someone to explain the bill
12 even if it's handed out, even if we have that,
13 so we all know we're voting on the same piece of
14 legislation.
15 ACTING PRESIDENT KUHL: Senator
16 Present has indicated he has no objection to
17 that.
18 Senator Present, that does
19 complete the non-controversial calendar. What's
20 your pleasure?
21 Senator Galiber.
22 SENATOR GALIBER: Mr. President,
23 may I have unanimous consent to be recorded in
8084
1 the negative on Calendar Number 1698?
2 ACTING PRESIDENT KUHL: Without
3 objection, Senator Galiber will be recorded in
4 the negative on Calendar Number 1698.
5 SENATOR PRESENT: Mr. President,
6 I believe there will be a short pause, and we'll
7 stand at ease again. Common phrase, Senate
8 stands at ease.
9 ACTING PRESIDENT KUHL: The
10 Senate will stand at ease for just a few
11 moments.
12 (The Senate stood at ease
13 briefly. )
14 ACTING PRESIDENT KUHL: The
15 Senate will come to order.
16 Chair recognizes Senator
17 Present.
18 SENATOR PRESENT: Mr. President,
19 can we take up 1703, Calendar 1703.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read. This is on Calendar Number
22 4, Supplemental Calendar Number 4. Clerk will
23 read.
8085
1 THE SECRETARY: Calendar Number
2 1703, by Senator DeFrancisco, Senate Bill Number
3 7867-A, Environmental Conservation Law.
4 SENATOR GOLD: Mr. President.
5 ACTING PRESIDENT KUHL: Chair
6 recognizes Senator Gold.
7 SENATOR GOLD: Yeah. Senator
8 DeFrancisco, there is a memo from the Department
9 of Environmental Conservation which says they
10 oppose your bill as drafted. Have you seen that
11 memo?
12 SENATOR DeFRANCISCO: I have not,
13 but it doesn't surprise me because there would
14 be a loss in revenue.
15 SENATOR GOLD: Well, if I can
16 continue. It says, A sliding fee scale would be
17 more equitable. However, this proposal results
18 in a significant revenue loss, negative funding
19 impact on agency programs.
20 Have I overwhelmed you?
21 SENATOR DeFRANCISCO: No, but
22 there used to be -- under the current law there
23 is a 40,000 flat fee, no matter what is dis
8086
1 charged from the facility. This is a sliding
2 scale, but what it does, it reduces the revenue
3 since those who were paying the flat 40,000 for
4 small discharges have a smaller fee.
5 SENATOR GOLD: Yeah. If you will
6 yield to one question.
7 ACTING PRESIDENT KUHL: The
8 Senator yields.
9 SENATOR GOLD: Senator, what I'm
10 getting out of this very quickly, I gather -
11 and you can tell me whether I'm interpreting it
12 right. I gather what they're saying is that
13 they would like the idea of a sliding scale if
14 you come up to a fee schedule that comes up with
15 the same dollars; is that what they're basically
16 saying?
17 SENATOR DeFRANCISCO: Exactly.
18 SENATOR GOLD: And that is
19 something that I gather you were not interested
20 in?
21 SENATOR DeFRANCISCO: That was
22 something that was not able to be done.
23 SENATOR GOLD: Well, Senator,
8087
1 "able to be done," you sort of shift the
2 numbers and -
3 SENATOR DeFRANCISCO: Correct. I
4 understand, but I'm just suggesting to you that
5 in order to make certain that those who had
6 small discharges are paying less, I put this
7 bill in and this was the best I felt I could do
8 under my constraints.
9 SENATOR GOLD: Senator, can you
10 tell me what the revenue loss is?
11 SENATOR DeFRANCISCO: Yes,
12 $580,000, I think. Let me just see the memo.
13 585.
14 SENATOR GOLD: Yeah, and last
15 question, Senator, I know -- I know at this
16 point, I -- there's no -- this is the Senate
17 bill passing, so it's really going nowhere, but
18 I was just curious how you anticipated making up
19 the $585,000.
20 SENATOR DeFRANCISCO: I didn't.
21 It was sort of like what we did this year in
22 reducing business taxes, and you don't make up
23 the revenue but you provide a better climate for
8088
1 those smaller facilities.
2 SENATOR GOLD: So that, if we
3 pass the bill, basically it would be less money
4 in the budget and, as their memo indicates, I
5 gather, it would have an impact on the agency's
6 programs?
7 SENATOR DeFRANCISCO: It would
8 reduce the revenues. Whether it would have an
9 impact on the programs is something that I can't
10 speak to.
11 SENATOR GOLD: All right. Thank
12 you very much. Last section.
13 Senator Oppenheimer?
14 ACTING PRESIDENT KUHL: Senator
15 Oppenheimer.
16 SENATOR OPPENHEIMER: If I may,
17 on the bill.
18 ACTING PRESIDENT KUHL: Senator
19 Oppenheimer, on the bill.
20 SENATOR OPPENHEIMER: It is a
21 good bill but has the disadvantage that there
22 would be somewhat less money coming into our
23 coffers, but if we are going to move on smaller
8089
1 steam co-generation and if we're going to move
2 on biomass facilities and those smaller
3 operations as opposed to the large steam turbine
4 operations, this is the direction we have to
5 take, because the large fees for just the SPDES
6 permits were just too expensive for the smaller
7 operations, so it precluded some of the more
8 innovative and, you know, alternative
9 methodologies, so -- for producing power. So I
10 think this is a very good bill and we should
11 support it, albeit it brings a little less money
12 in.
13 ACTING PRESIDENT KUHL: Secretary
14 will read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll. )
20 SENATOR GOLD: Senator says it's
21 a good bill.
22 ACTING PRESIDENT KUHL: Ayes 53,
23 nays one, Senator Gold recorded in the
8090
1 negative.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 Senator Present.
5 SENATOR PRESENT: Mr. President,
6 can we take up Calendar Number 1693, which is in
7 Supplemental Calendar Number 3, on page 3.
8 ACTING PRESIDENT KUHL: On
9 Supplemental Calendar Number 3, page 3,
10 Secretary will read Calendar Number 1693.
11 THE SECRETARY: 1693, Senator
12 Volker moves to discharge the Committee on Rules
13 from Assembly Bill Number 12252 and substitute
14 it for the identical Third Reading 1693.
15 ACTING PRESIDENT KUHL:
16 Substitution is ordered. Senator Present?
17 SENATOR PRESENT: Mr. President,
18 is there a message of necessity at the desk for
19 1693?
20 ACTING PRESIDENT KUHL: I'm
21 informed that there is a message of necessity at
22 the desk, Senator Present.
23 SENATOR PRESENT: I move that we
8091
1 adopt the motion -- adopt the message.
2 ACTING PRESIDENT KUHL: Motion is
3 to accept the message of necessity. All those
4 in favor say aye.
5 (Response of "Aye.")
6 Opposed nay.
7 (There was no response. )
8 The message is accepted.
9 Secretary will read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 54.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 Senator Present?
19 SENATOR PRESENT: Regular order
20 starting with Calendar Number 1705, page 1 of
21 Calendar Number 4.
22 ACTING PRESIDENT KUHL:
23 Supplemental Calendar Number 4, Calendar Number
8092
1 1705, by Senator Johnson, the Secretary will
2 read.
3 THE SECRETARY: By Senator
4 Johnson, Senate Bill Number 8174-B, establish a
5 special task force on fish.
6 SENATOR GOLD: Senator Johnson
7 yield to a question?
8 ACTING PRESIDENT KUHL: Senator
9 Johnson?
10 SENATOR PRESENT: Lay it aside
11 temporarily.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside temporarily.
14 THE SECRETARY: Calendar Number
15 1711, substituted earlier, by the Assembly
16 Committee on Rules, Assembly Bill Number
17 12175-A, Real Property Tax Law.
18 ACTING PRESIDENT KUHL: Senator
19 Present, I'm informed there's a message of
20 necessity at the desk.
21 SENATOR PRESENT: Mr. President,
22 I move that we accept the message.
23 ACTING PRESIDENT KUHL: Motion is
8093
1 to accept the message. All those in favor
2 signify by saying aye.
3 ((Response of "Aye.")
4 Opposed nay.
5 (There was no response. )
6 The message is adopted.
7 Secretary will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 54.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1712, substituted earlier, by the Assembly
18 Committee on Rules, Assembly Bill Number 12254,
19 Racing, Pari-Mutuel Wagering and Breeding Law.
20 ACTING PRESIDENT KUHL: Senator
21 Present, I'm informed there's a message of
22 necessity at the desk.
23 SENATOR PRESENT: I move we
8094
1 accept the message.
2 ACTING PRESIDENT KUHL: Motion is
3 to accept the message of necessity. All those
4 in favor signify by saying aye.
5 ((Response of "Aye.")
6 Opposed nay.
7 (There was no response. )
8 The message is adopted and
9 accepted.
10 Explanation has been asked for,
11 Senator Stafford, by Senator Leichter.
12 SENATOR PRESENT: Lay it aside
13 temporarily.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside temporarily.
16 THE SECRETARY: Calendar Number
17 -- Calendar Number 1715, the Assembly sends for
18 concurrence the following bill: Direct to third
19 reading earlier, Assembly Bill Number 12088, by
20 the Assembly Committee on Rules.
21 SENATOR GOLD: Explanation.
22 THE SECRETARY: An act to amend
23 Chapter 36 of the Laws of 1993, amending the
8095
1 Highway Law.
2 SENATOR GOLD: Explanation.
3 ACTING PRESIDENT KUHL: Senator
4 Levy.
5 SENATOR GOLD: Mr. President,
6 what is the printed number? Is that 12088?
7 ACTING PRESIDENT KUHL: Yes, the
8 bill that is being called up for debate is
9 Assembly Print Number 12088. It's on the
10 Calendar Number 1715.
11 SENATOR GOLD: Yeah. Can we get
12 an explanation? It appears to change the -
13 ACTING PRESIDENT KUHL: Senator
14 Levy, an explanation has been asked for of
15 Calendar 1715 by Senator Gold.
16 SENATOR LEVY: Senator Gold, this
17 is an extender of a power that we gave to the
18 MTA to fund the capital plan, and what we did in
19 the bill that we passed a year ago April, to
20 finance the whole plan was to change -- to
21 enlarge the power of the MTA -
22 SENATOR GOLD: Last section.
23 ACTING PRESIDENT KUHL: Secretary
8096
1 will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 54.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 ACTING PRESIDENT KUHL: Chair
11 recognizes Senator Sears.
12 SENATOR SEARS: Yes, Mr.
13 President. Supplemental Calendar Number 4, page
14 1, Calendar Number 1699, by Maltese, would you
15 have me recorded in the negative, please?
16 ACTING PRESIDENT KUHL: Without
17 objection, Senator Sears will be recorded in the
18 negative on Calendar Number 1699.
19 Senator Present.
20 SENATOR PRESENT: Let's try
21 1705.
22 ACTING PRESIDENT KUHL: Secretary
23 will read 1705.
8097
1 THE SECRETARY: 1705, by Senator
2 Johnson, Senate Bill Number 8174-B, establish a
3 special task force on fish and wildlife
4 funding.
5 SENATOR GOLD: Will Senator
6 Johnson yield to a question?
7 ACTING PRESIDENT KUHL: Senator
8 Johnson, do you yield to Senator Gold?
9 SENATOR JOHNSON: Yes, Senator
10 Gold.
11 ACTING PRESIDENT KUHL: Senator
12 yields.
13 SENATOR GOLD: Senator Johnson,
14 it's something nobody is going to appreciate,
15 and I certainly don't want to get anybody mad at
16 me, but it's five after eight and we're not
17 going to appreciate a long debate over the issue
18 of Minority representation, but isn't it a fact
19 that this commission as put together does not
20 have representation of the Minority in this
21 house or in the Assembly?
22 SENATOR JOHNSON: That's true,
23 Senator.
8098
1 SENATOR GOLD: Well, Senator
2 Johnson, I know that sometimes these things
3 happen by inadvertence, but we were trying to
4 get rid of that and I would urge that we don't
5 go any further. This bill has not passed the
6 Assembly yet, has it?
7 SENATOR JOHNSON: Senator, we did
8 pass a bill earlier in this session putting
9 Majority and Minority on the Conservation
10 Advisory Board. This is a study group. It's
11 not an advisory board. Yes, Senator, the other
12 house has closed down. They haven't done this
13 bill. I think they went home too early or we -
14 SENATOR GOLD: Tell me again,
15 sir, they -
16 SENATOR JOHNSON: The other house
17 is closed down and they have not done this bill,
18 that's true, so it's pointless to spend our time
19 debating this bill -
20 SENATOR GOLD: That's right.
21 SENATOR JOHNSON: -- which is
22 obviously going nowhere, but I would just like
23 to point out that this does have the support of
8099
1 the Department of Environmental Conservation,
2 Adirondack Mountain Club, Audubon and several
3 other groups, and they're all named on here, so
4 it's a good bill and when we all get in business
5 next year again, we're going to put it together
6 the way you and I would like to do it because
7 it's something that should be done.
8 SENATOR GOLD: Well, Senator
9 Johnson, I appreciate the gentlemanly way in
10 which you indicated that, and my suggestion
11 would be it's out here. For the most part. I
12 don't have a problem with the bill, but perhaps
13 what we could do is lay it aside and in the off
14 session hand in an amendment and if we do happen
15 to have a special session along the way,
16 Senator, we'll have a live print on our calendar
17 and we can pass it with the adjustments made.
18 SENATOR JOHNSON: You said it's
19 ten after eight in the morning. Lay the bill
20 aside.
21 SENATOR GOLD: I appreciate it,
22 Senator.
23 ACTING PRESIDENT KUHL: Senator
8100
1 Johnson lays 1705 aside.
2 The Senate will stand at ease for
3 just a couple of moments.
4 (The Senate stood at ease
5 briefly. )
6 ACTING PRESIDENT KUHL: Senate
7 will come to order.
8 The Chair recognizes Senator
9 Present.
10 SENATOR PRESENT: Can we call up
11 1712.
12 ACTING PRESIDENT KUHL:
13 Supplemental Calendar 4, page 3, Secretary will
14 call up Calendar Number 1712.
15 THE SECRETARY: Substituted
16 earlier, by the Assembly Committee on Rules,
17 Assembly Bill Number 12254, Racing, Pari-Mutuel
18 Wagering and Breeding Law.
19 ACTING PRESIDENT KUHL: Message
20 was accepted earlier.
21 SENATOR STAFFORD: Thank you, Mr.
22 President.
23 ACTING PRESIDENT KUHL: Senator
8101
1 Stafford for an explanation.
2 SENATOR STAFFORD: We have here
3 another omnibus racing bill. I remember the
4 first year that I worked in this area, I said
5 it's very, very complicated and it's very
6 difficult to learn. I found the longer that I
7 stay in the field, no pun intended, the less I
8 know about it, I think. As a matter of fact, I
9 find that generally, as I get older, and my
10 youngest son pointed that out the other day.
11 I think this is a good bill. I
12 think it will affect all of the segments of the
13 industry positively. The industry has had
14 difficulty in this state, nationwide, due to
15 many, many reasons, one reason being I think the
16 way people spend their leisure time. They have
17 television to watch the races. How many times
18 very we heard someone say that they'd rather be
19 in their living room and watch the football on
20 television than really go to it? Of course, we
21 realize, if you're from Buffalo New York, you'd
22 go to the game if you could, but also the
23 economy has been a -- been a problem.
8102
1 I will -- I've said this many,
2 many times and I think this is true. I think
3 that the various segments of the industry have
4 got to attempt to work together. I think
5 they're trying, but I think that can be improved
6 and I think most of the industry agree.
7 With all of this, we had to make
8 sure that we did our best to strengthen the
9 industry. I am pleased to share with you that
10 this bill will preserve over 3500 jobs in New
11 York City at the Aqueduct Race Track, and I
12 think that is important. This bill will also
13 provide the New York Racing Association with
14 sufficient cash flow to conduct a winter
15 thoroughbred race meet from October 1994 through
16 March 31, 1995, a total of $11 million through
17 an $8.5 million loan and a $1 million tax cut
18 and 1.5 million from additional simulcasting.
19 This bill also increases the
20 horsemen's purse levels at the NYRA tracks, by
21 approximately $9 million during the 1994-95
22 season. The bill will also provide significant
23 tax relief to all New York harness tracks,
8103
1 reduce to .5 percent of all wagers at Finger
2 Lakes Race Track.
3 The bill diverts 50 percent of
4 the tax relief to harness track horsemen which
5 is extremely important. The bill significantly
6 expands OTB and race track simulcast programs
7 by, one, authorizing two out-of-state tracks to
8 simulcast into New York State during winter
9 months, also authorizes harness tracks and OTBs
10 to simulcast out-of-state harness racing with
11 protection for New York tracks.
12 The bill also authorizes out-of
13 state simulcasts of thoroughbred races on days
14 that NYRA is closed, with a revenue sharing
15 arrangement for Finger Lakes Race Track. The
16 bill increases funds for the New York
17 Thoroughbred and Standardbred Breeding Funds.
18 The bill also authorizes harness
19 tracks and OTBs to return a greater share of
20 take-out to the fans, bettors, wagerers.
21 It also requires a recalculation
22 of state's breakage in order to increase wings
23 to those who take part in pari-mutuel betting.
8104
1 If no winter racing is conducted at Aqueduct,
2 this bill authorizes an alternative track
3 management to conduct the winter meeting. And
4 again, I emphasize the number of jobs that are
5 involved.
6 I would say, Mr. President, that
7 the people who work in this area here in the
8 Legislature, in the Senate, and in the Assembly
9 and in the Governor's office, work as hard as
10 any of the staff members that I know. It's
11 difficult to get compromises. You know, we
12 often say that a good compromise is when no one
13 is happy. This must be fairly good.
14 I would finally say that I think
15 the bill is needed. I think we have to continue
16 to try to strengthen the industry. It is
17 important to many areas of the state, all areas
18 of the state, but, of course, those where the
19 tracks are located.
20 SENATOR LEICHTER: Mr.
21 President.
22 ACTING PRESIDENT KUHL: Senator
23 Leichter.
8105
1 SENATOR LEICHTER: Yes. If
2 Senator Stafford would yield for a question with
3 thanks for the explanation.
4 ACTING PRESIDENT KUHL: Senator
5 Stafford yields.
6 SENATOR LEICHTER: You said this
7 will save 3500 jobs at Aqueduct. How will this
8 occur? Could you direct us to the section of the
9 bill that addresses that?
10 SENATOR STAFFORD: Well, in about
11 the winter months, it will just continue racing
12 during the winter months, and those 3500 jobs
13 will stay there, but would not have been there
14 if we did not have winter racing.
15 SENATOR LEICHTER: If you will
16 continue to yield?
17 ACTING PRESIDENT KUHL: Senator
18 continues to yield.
19 SENATOR LEICHTER: Are you
20 lengthening the season at Aqueduct, or the meet?
21 SENATOR STAFFORD: Another
22 season, I guess you would say. Right.
23 SENATOR LEICHTER: So we're
8106
1 lengthening the meet, is that it?
2 SENATOR STAFFORD: The winter
3 meet, right.
4 SENATOR LEICHTER: By how much?
5 SENATOR STAFFORD: Four months,
6 if we didn't have this, so that's where we keep
7 the jobs.
8 SENATOR LEICHTER: Thank you, Mr.
9 President.
10 ACTING PRESIDENT KUHL: Senator
11 Leichter, on the bill.
12 SENATOR LEICHTER: Thank you, Mr.
13 President.
14 The good thing about the racing
15 bill is that it always signifies that we're in
16 the dying gasps of the legislative session. The
17 bad thing is that it's usually a lengthy bill
18 and put on our desks when we have relatively
19 very little time to read it, to digest it, to
20 understand it.
21 It is a complicated industry, and
22 as Senator Stafford says, it's an industry
23 that's really had a very difficult and hard
8107
1 time. We seem to address it every session. We
2 don't seem to get it right. I -- I don't take
3 this as a reflection on the people who work on
4 it or the sponsors of the bill. It reflects
5 national trends of how people gamble,
6 television, a lot of different things.
7 My -- my interpretation is that
8 it's a good rule of thumb to vote against these
9 bills. I -- I do this not out of any disrespect
10 for you, Senator Stafford, because I know how
11 hard you've worked in this area, your
12 commitment, and so on, but maybe as we look at
13 the unsatisfactory results that we've gotten
14 from the tracks in terms of the prosperity that
15 we would like these tracks to have, the revenue
16 it generates to the state, I don't know whether
17 the approaches that we've been taking over the
18 years have been successful.
19 One can argue that it may have
20 somewhat helped to stench the -- or stem the -
21 the economic decline, but that really doesn't
22 seem to be the case either. Maybe we need to
23 get rid of the New York Racing Association,
8108
1 really do some other things that would be a much
2 more thorough restructuring of the industry than
3 we're doing by what essentially is a patchwork
4 approach.
5 ACTING PRESIDENT KUHL: Is there
6 any other Senator wishing to speak on this bill?
7 SENATOR GOLD: Last section.
8 ACTING PRESIDENT KUHL: Hearing
9 none, the Secretary will read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 ACTING PRESIDENT KUHL: Announce
16 the results when tabulated.
17 THE SECRETARY: Ayes 53, nays
18 one, Senator Leichter recorded in the negative.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 Senator Present.
22 SENATOR PRESENT: Mr. President,
23 I'd like to announce an immediate meeting of the
8109
1 Rules Committee in Room 332. Stand at ease.
2 ACTING PRESIDENT SEWARD: The
3 Senate will stand at ease.
4 (The Senate stood at ease from
5 9:15 to 9:40 a.m.)
6 SENATOR GOLD: Mr. President.
7 ACTING PRESIDENT KUHL: The
8 Senate will come to order.
9 Senator Gold.
10 SENATOR GOLD: Yeah. Would you
11 please recognize Senator Mendez.
12 ACTING PRESIDENT KUHL: The Chair
13 recognizes Senator Mendez.
14 SENATOR MENDEZ: Mr. President,
15 there will be an immediate conference of the
16 Democratic Minority.
17 ACTING PRESIDENT KUHL: There
18 will be an immediate conference of the Minority
19 in the Minority Conference Room.
20 Senator Present?
21 SENATOR PRESENT: Mr. President,
22 can we hear our Rules report?
23 ACTING PRESIDENT KUHL: We'll
8110
1 return to reports of standing committees and ask
2 the Secretary to read the Rules report.
3 THE SECRETARY: Senator Marino,
4 from the Committee on Rules, reports the
5 following two bills directly for third reading:
6 Senate Bill Number 8887, by
7 Senator Rath, an act to amend Chapter 54 of the
8 Laws of 1994, constituting the Capital Projects
9 Budget.
10 Also Senate Bill Number 8898, by
11 the Committee on Rules, proposing an amendment
12 to the Constitution, casino gambling on vessels
13 on waters and waterways of the state.
14 Both bills reported directly for
15 third reading.
16 ACTING PRESIDENT KUHL: Bills are
17 reported directly to third reading.
18 Senator Present.
19 SENATOR PRESENT: Mr. President,
20 the Senate will stand at ease awaiting the
21 return of the Minority from their conference.
22 ACTING PRESIDENT KUHL: The
23 Senate will stand at ease.
8111
1 (The Senate stood at ease from
2 9:43 to 10:47 a.m.)
3 ACTING PRESIDENT KUHL: The
4 Senate will come to order. Ask the members to
5 find their places, staff to find their places.
6 The Chair recognizes Senator
7 Present.
8 SENATOR PRESENT: Mr. President,
9 could we call up Calendar Number 1709.
10 ACTING PRESIDENT KUHL: Secretary
11 will read Calendar Number 1709. It's on
12 Supplemental Calendar Number 4, page 2.
13 THE SECRETARY: Calendar Number
14 1709, by the committee on rules, Senate Bill
15 Number 8842-B, an act to amend the Retirement
16 and Social Security Law and the Education Law.
17 ACTING PRESIDENT KUHL: Senator
18 Present.
19 SENATOR PRESENT: Mr. President,
20 is there a message of necessity on 1709 at the
21 desk?
22 ACTING PRESIDENT KUHL: There is
23 a message at the desk, the Secretary informs me,
8112
1 Senator Present.
2 SENATOR PRESENT: Mr. President,
3 I move that we accept the message.
4 ACTING PRESIDENT KUHL: The
5 motion is to accept the message of necessity at
6 the desk. All those in favor signify by saying
7 aye.
8 (Response of "Aye.")
9 Opposed nay.
10 (There was no response. )
11 The message is accepted, Senator
12 Present.
13 SENATOR PRESENT: Would you
14 recognize Senator Lack, please.
15 SENATOR LACK: Thank you, Mr.
16 President.
17 The subject is pension
18 supplementation. You've just heard that the
19 leader has accepted a message of necessity from
20 the Governor. We are fully prepared to pass
21 this bill. We have spoken to various
22 representatives of the unions that are involved
23 and we reaffirm our commitment this morning to a
8113
1 pension supplementation. They all understand
2 it's our desire to have an agreed-upon bill with
3 the Assembly.
4 It's also obvious at ten minutes
5 of 11:00 this morning that the Assembly is not
6 in the city of Albany. We fully expect that the
7 differences between the two houses will be
8 resolved in a very short time, that an agreed
9 upon approach will be passed by both houses of
10 this Legislature in the near future.
11 We have made this point very
12 clear to the unions who understand our position
13 fully and, as a result of that, at this point in
14 time we will, even though this bill is on the
15 floor, there's been a message of necessity given
16 by the Governor and it has been accepted, we
17 will not pass this bill at this time, and I ask
18 that it please be laid aside now.
19 ACTING PRESIDENT KUHL: Calendar
20 Number 1709 will be laid aside.
21 Senator Present.
22 SENATOR PRESENT: Call up
23 Calendar 1700 and recognize Senator Spano.
8114
1 ACTING PRESIDENT KUHL: Secretary
2 will read Calendar Number 1700. That's on page
3 1 of Supplemental Calendar Number 4.
4 THE SECRETARY: Calendar Number
5 1700, by Senator Spano, Senate Bill Number
6 6529-B, proposing an amendment to the
7 Constitution, in relation to casino gambling in
8 the Catskill region of the state.
9 ACTING PRESIDENT KUHL: The Chair
10 recognizes Senator Spano.
11 SENATOR SPANO: Mr. President.
12 Mr. President, my colleagues, we have -- we are
13 now here approaching our 25th hour since we were
14 called to session yesterday, and it's been a
15 very long day and night and morning for all of
16 us, and it's not my intention to -- to extend
17 that for any member of this house, but there's
18 been an issue that has been on the front burner
19 of this Legislature and legislatures all across
20 this nation over these last years called casino
21 gambling.
22 It's an issue that Senator Marino
23 last year, in the final day of the legislative
8115
1 session, reconstituted our Senate Subcommittee
2 on Racing, Pari-mutuel Wagering and Gaming, gave
3 Senator Stafford as the chairman of that
4 subcommittee the charge to study the effects of
5 casino gaming, to study the effects of casino
6 gaming on the economies across New York State,
7 its effects as it relates to the introduction of
8 Indian -- gaming at the Indian reservations and
9 also to examine the impacts that casino gaming
10 would have on the racing industry in New York
11 State.
12 After a comprehensive study that
13 included hundreds of interviews, many, many
14 different meetings, four or five different
15 public hearings, listening to some very expert
16 testimony, the subcommittee issued a report
17 recommending that we consider the passage of a
18 Constitutional amendment that would give the
19 voters across the state the right on whether or
20 not they would like to see casino gaming within
21 the boundaries of New York State.
22 Over the period of the last
23 several months, we have consistently reached out
8116
1 to the Assembly trying to get an idea of what
2 their position would be on this issue. The
3 Assembly has taken a "take it or leave it"
4 attitude with respect to this issue. They
5 passed a bill which I believe is an
6 irresponsible bill and left the state Capitol, a
7 one-house bill.
8 It's clear that we can't bargain
9 alone. It's clear that we can't negotiate with
10 ourselves and we have been involved in less than
11 good faith negotiations on the part of the
12 Assembly on this whole issue.
13 While I recognize that there are
14 members of this house who have some very serious
15 public policy disagreements with the issue of
16 legalized gaming, and I respect the members of
17 this house who have those differing opinions, it
18 is my opinion that we do have the number of
19 votes in this house to pass a responsible casino
20 gaming resolution that would ultimately just be
21 the first passage of a Constitutional Amendment
22 which we would present to the voters in New York
23 State for them to make a decision on whether or
8117
1 not they would like casino gaming.
2 Given the fact that we are here
3 approaching our 25th hour, the fact that we are
4 tired, the fact that the Assembly has gone home,
5 it does not make sense for us to debate a bill
6 for some two or three hours and to ask people to
7 vote for a measure which ultimately may not be
8 the final passage or the final negotiated form
9 of a Constitutional Amendment.
10 So, Mr. President, my colleagues,
11 I'm asking that this resolution as well as 8788,
12 which is the other resolution which has been
13 reported out of the Rules Committee, be laid
14 aside so that we may continue to discuss this
15 issue, we may continue to try to find out
16 exactly what the Assembly position is so that we
17 can have an intelligent debate on the floor of
18 this house on an agreed-upon two-house, two-way
19 Constitutional Amendment that we can then
20 present to the voters.
21 So I'd like to thank the members
22 of the staff who have put countless hours in
23 working on this issue and apologize to the
8118
1 members for some delay in the proceedings today
2 and keeping us here, but this is a very
3 important issue as it relates to the economy of
4 New York State and one of our most important
5 industries in New York State which is the racing
6 industry.
7 It's not something that we're
8 going to rush into and play politics with, but
9 we're going to act responsibly and that's why,
10 Mr. President, I ask that these resolutions be
11 laid aside.
12 Thank you.
13 ACTING PRESIDENT KUHL: Calendar
14 1700 will be laid aside at the request of the
15 sponsor.
16 Senator Present.
17 SENATOR PRESENT: Mr. President,
18 could we take up Calendar 1710.
19 ACTING PRESIDENT KUHL: Secretary
20 will read Calendar 1710, by Senator Daly,
21 supplemental calendar, page 4.
22 THE SECRETARY: 1710, substituted
23 earlier, by Senator Daly.
8119
1 ACTING PRESIDENT KUHL: Senator
2 Daly.
3 SENATOR PRESENT: Mr. President,
4 is there a message of necessity on 1710?
5 ACTING PRESIDENT KUHL: Secretary
6 informs me there is a message here, Senator.
7 SENATOR PRESENT: I move we
8 accept the message.
9 ACTING PRESIDENT KUHL: Motion is
10 to accept the message of necessity. All in
11 favor signify by saying aye.
12 (Response of "Aye.")
13 Opposed nay.
14 (There was no response. )
15 The message is accepted. Last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 54.
23 ACTING PRESIDENT KUHL: The bill
8120
1 is passed.
2 Senator Present.
3 SENATOR PRESENT: Mr. President,
4 can we take up Calendar 1714.
5 ACTING PRESIDENT KUHL: Secretary
6 will read Calendar 1714.
7 THE SECRETARY: 1714, by the
8 Assembly Committee on Rules, Assembly Bill
9 Number 12232, an act to amend the Public Health
10 Law, in relation to health care plans.
11 ACTING PRESIDENT KUHL: Senator
12 Present.
13 SENATOR PRESENT: Mr. President,
14 is there a message of necessity on 1714?
15 ACTING PRESIDENT KUHL: Secretary
16 informs me that there is a message of necessity
17 at the desk.
18 SENATOR PRESENT: Move we accept
19 the message.
20 ACTING PRESIDENT KUHL: Motion is
21 to accept the message. All in favor signify by
22 saying aye.
23 (Response of "Aye.")
8121
1 Opposed nay.
2 (There was no response. )
3 The message is accepted.
4 SENATOR GOLD: Could we have a
5 quick explanation?
6 ACTING PRESIDENT KUHL:
7 Explanation has been asked for, a very, very
8 quick explanation.
9 Senator Tully, are you handling
10 Calendar Number 1714?
11 SENATOR GOLD: Mr. President,
12 short bill, but -- and the language, there's
13 only about ten words, but I'm -- I think the
14 implications of those words should just be
15 explained a moment. Maybe Senator would get -
16 ACTING PRESIDENT KUHL: The Chair
17 recognizes Senator Tully.
18 SENATOR TULLY: Thank you, Mr.
19 President.
20 This hand-down is a bill which
21 clarifies the age for eligibility under the
22 child health program. It's strictly a technical
23 amendment.
8122
1 SENATOR GOLD: Last section.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 55.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 can we call up Calendar 1717.
15 ACTING PRESIDENT KUHL: Secretary
16 will read Calendar Number 1716 which was a bill
17 which was reported -- 1717, excuse me, 1717, a
18 bill which was reported from Rules just shortly
19 ago. The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1717, by Senator Rath, Senate Bill Number 8887,
22 an act to amend Chapter 54 of the Laws of 1994,
23 constituting the Capital Projects Budget.
8123
1 ACTING PRESIDENT KUHL: Senator
2 Present.
3 SENATOR PRESENT: Mr. President,
4 is there a message of necessity on 1717 at the
5 desk?
6 ACTING PRESIDENT KUHL: Yes,
7 there is a message at the desk, Senator
8 Present.
9 SENATOR PRESENT: I move we
10 accept the message.
11 ACTING PRESIDENT KUHL: Motion is
12 to accept the message. All those in favor
13 signify by saying aye.
14 (Response of "Aye.")
15 Opposed nay?
16 (There was no response. )
17 The message is accepted.
18 Secretary will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
8124
1 THE SECRETARY: Ayes 55.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 Senator Goodman.
5 SENATOR GOODMAN: Mr. President,
6 had I been in the chamber, I would have voted in
7 the negative on Calendars Number 1603 and 1636
8 on the July 2nd calendar. Would you be good
9 enough to have the minutes of the proceeding so
10 indicate?
11 ACTING PRESIDENT KUHL: Senator
12 Goodman, the record will reflect that.
13 SENATOR OHRENSTEIN: Mr.
14 President.
15 ACTING PRESIDENT KUHL: Senator
16 Ohrenstein. Senator Marino, we have a technical
17 error at the desk. We'd like to reconsider the
18 vote by which 1717 passed the house if that's
19 O.K. with you?
20 SENATOR MARINO: Yes.
21 ACTING PRESIDENT KUHL: Secretary
22 will call the roll on reconsideration.
23 (The Secretary called the roll on
8125
1 reconsideration. )
2 THE SECRETARY: Ayes 55.
3 ACTING PRESIDENT KUHL: The bill
4 is before the house.
5 THE SECRETARY: Senator Rath
6 moves to discharge the Committee on Finance from
7 Assembly Bill Number 12294 and substitute it for
8 the identical Third Reading 1717.
9 ACTING PRESIDENT KUHL:
10 Substitution is ordered. Last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 55.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Ohrenstein.
20 SENATOR OHRENSTEIN: Mr.
21 President, it appears that we have arrived at
22 that magic hour which is never predictable and
23 seems far away as we toil through these endless
8126
1 days and nights and then arrive with a sudden
2 start to here we are.
3 Now, I find myself in a very
4 peculiar position this year. The position is
5 that I may have to say farewell several times as
6 it looks, and I don't like -- I don't like long
7 farewells. I certainly don't like farewells
8 which take two or three times to be repeated. I
9 have another motive which is, if I wait to say
10 farewell when I'm really leaving, I might be
11 able to tell you what I really think of you.
12 Anyway, having gotten off that
13 wise crack early in the morning, I really do not
14 feel I want to talk at great length because I
15 think later on this year when we will be back, I
16 hope we'll have a few things to say to each
17 other for the long term. For this time, let me
18 simply say that I want to thank my staff, whom I
19 will thank in a much more appropriate way later
20 this year, for their very, very hard work this
21 session.
22 I want to thank my members,
23 Democratic members, for their infinite patience
8127
1 during these very difficult times. I want to
2 thank my Majority colleagues for your patience
3 as well, and I want to thank Senator Marino for
4 putting up with our daily contretemps of one
5 sort or another and, most of all, I want to
6 thank many friends during these -- for remaining
7 friends during these very, very difficult
8 times.
9 So I think it's safe, I want to
10 thank obviously all of the staff here who serve
11 us so well. It's been a very difficult
12 session. I suspect we will be back here sooner
13 than later, and maybe more than once. So I
14 don't want to make any predictions other than to
15 say I keep enjoying working with you. I hope
16 you have a few good weeks, maybe a few good
17 months and when we can all return either shortly
18 in order to complete our business or after the
19 election after the fates of some of us or all of
20 us have been decided.
21 So thank you for another fruitful
22 or productive session, and I'll talk to you
23 later on.
8128
1 (Applause.)
2 ACTING PRESIDENT KUHL: The Chair
3 recognizes Senator Marino.
4 SENATOR MARINO: Thank you, Mr.
5 President.
6 First of all, let me apologize
7 for the hour and having kept you overnight. I
8 know we're all tired, and our nerves are raw and
9 some of us did not get all of the bills we
10 wanted and all of that. That happens every
11 year, and during every session, and I wish I
12 knew a way to avoid it, but history has shown us
13 that this pattern has proceeded for many, many
14 years, and we should, however, try to improve as
15 time goes on because we would like to get out
16 sooner certainly rather than later, and we would
17 like to do our job as quickly as possible.
18 This has been a difficult
19 session, as Senator Ohrenstein has indicated,
20 but a lot of was accomplished during the
21 session. As we began the session, our concerns
22 were about jobs, taxes and crime, and we've been
23 able to address all of these concerns. For six
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1 months, we've pursued these goals and I think by
2 and large we've been very successful.
3 As you know, we've cut taxes by
4 $476 million which has helped to provide, I
5 believe, many, many jobs for the future. We've
6 added on $600 million in school aid, many more
7 millions in revenue sharing which will help to
8 hold the line on property taxes. We've assumed
9 a larger local share of Medicaid and pre-K costs
10 to help the property taxpayers and to help local
11 governments.
12 We've committed millions of
13 dollars for long-term projects like stadiums,
14 parks, school repairs, all that create jobs and
15 help the economy, and we've done a good job of
16 carrying out an anti-crime program that this
17 house can be very proud of.
18 We've passed a historic domestic
19 violence bill, a comprehensive rape bill,
20 tougher penalties for child abusers, mandated
21 AIDS tests for rapists, made DNA testing
22 mandatory for killers and rapists. Set up a DNA
23 data bank to give police better technology and,
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1 of course, we passed the death penalty in this
2 house which, unfortunately, the Governor has
3 vetoed for a 12th time.
4 We resolved other important
5 issues such as motor/voter bill, smoking bill,
6 to protect children. Unfortunately, the
7 Assembly has not followed suit on our crime
8 package, and so regretfully we leave with some
9 work undone in that area.
10 I am sorry to have listened to
11 Senator Ohrenstein talk about his departure from
12 this chamber and I hope, Senator, that you will
13 leave many, many times because that means that
14 we will have seen you again and again and again,
15 and we all like you and care for you. We salute
16 you. We're proud that you've been a member of
17 this house for 34 years, that you've been our
18 leader here for over 20 years, that you've done
19 such a commendable job for the people of this
20 state.
21 On a personal basis, I've enjoyed
22 our friendship. I continue hopefully to enjoy
23 our friendship and salute you on being such a
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1 great adversary and one that has set forth the
2 tenets of your party in such clear tones and
3 worked with such outstanding purposeful effort
4 so that we've always known where you've been,
5 what your position is on difficult issues, and I
6 have not met in this house in my 26 years of
7 experience a more articulate person who has set
8 forth dramatically your concerns for the people
9 of this state. We're going to miss you as time
10 goes on more and more.
11 I want to thank you for your help
12 to the Majority as well as the Minority and wish
13 you well, and I hope you will come back and
14 visit us for many, many years to come. Now you
15 can go out and make money, real money, at an
16 honest job, and I wish you well and good
17 health.
18 I'm sure that applies to all of
19 the members on this side of the aisle as well as
20 your members in the Minority. We also,
21 unfortunately, are going to say a farewell to
22 Senator Howard Nolan, who is retiring after 20
23 years of distinguished service to this house.
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1 He has acquitted himself well in representing
2 the people of this area in a terrific manner and
3 as our host county, has been very helpful to
4 members of this side of the aisle as well as the
5 Minority.
6 Another member who won't quite be
7 returning, Senator Pataki, will be leaving this
8 chamber, but hopefully will be coming to Albany
9 for many years in the future, Senator, and I'm
10 sure will continue in public service and
11 continue to serve people well, as you have in
12 the past.
13 I would like now to thank my
14 personal staff, Anna Febraio, who does yeoman
15 service for me day in and day out, year in and
16 year out; Lois Williams, Teri VanWagenen, Maria
17 DeLorenzo; my distinguished counsel, Angelo
18 Mangia, and his staff; my program secretary Ron
19 Pedersen, and his staff, John McArdle, my
20 communications director and his able staff;
21 Steve Sloan, our Secretary here, who does such
22 an outstanding job; Frank Febraio, the
23 maintenance and operations throughout, who
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1 always works hard and works for us in a very
2 helpful way; our Journal Clerk, Joe Cornell and
3 the other desk staff; our Sergeant-at-Arms, John
4 Everhardt, and assistant Sergeants-at-Arms; our
5 stenographer, Pauline Williman; our pages and
6 messengers; special thanks to Senator Stafford,
7 chairman of Finance, Paul Reuss, John Berry, Lee
8 VanRiper and all the other members of the
9 Finance staff; Deputy Majority Leader Jess
10 Present for handling the floor operations in
11 such a dramatic way.
12 I would also like to acknowledge
13 Senator Marchi's work on our behalf here in the
14 Majority and for all of my colleagues here for
15 the outstanding service given to the people of
16 the state throughout the past six months. We
17 worked very hard night and day many of us.
18 People don't recognize oftentimes how hard the
19 Senators here in this room devote so many hours
20 and so much of their energy to a committed cause
21 in the service of the good people of this
22 state.
23 So, Mr. President, would you
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1 please recommit the bills on the calendar to the
2 Committee on Rules.
3 There being no further business,
4 I would like, however, to recognize before we
5 conclude, Senator Emanuel Gold, who would like
6 to say a few words.
7 SENATOR GOLD: Thank you very
8 much, Mr. President.
9 ACTING PRESIDENT KUHL: Before
10 Senator Gold, I should just mention all bills on
11 the calendar will be recommitted.
12 Senator Gold.
13 SENATOR GOLD: Mr. President,
14 thank you very much.
15 There seems to be some
16 legislative agreement between our two leaders
17 that this may not be the last day we spend here
18 in this chamber during this year, but I've heard
19 about legislative fortune changing so many times
20 that, while on those other occasions there will
21 be a lot to be said, I think that it is only
22 right that after 20 years of tremendous devoted
23 loving service to this conference, that the work
8135
1 be acknowledged by us, the Democrats, and by me
2 particularly to Senator Ohrenstein.
3 I'm sure that when a young
4 immigrant boy came here from Europe a couple
5 days ago, it was a wonderful dream to wind up
6 some day and spend 20 years of his life as the
7 head of his party in the New York State Senate.
8 That ain't doin' too bad.
9 Freddie is a leader who I would
10 bet gets kidded more than any legislative leader
11 around, and the reason for that is love. I
12 think everybody in our conference and everybody
13 in the Capitol enjoys seeing a smile on that
14 face and the -- the constant love and energy
15 that comes from Fred Ohrenstein.
16 He has been respected by our
17 conference for all these years and indeed has
18 changed the face of politics in the Democratic
19 Party in the New York State Senate during his
20 time in office. He has been a leader
21 unquestionably, but someone who consults,
22 someone who has included, someone who has been a
23 listener, and someone who has cared.
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1 It's a strange job, I guess,
2 being a leader, because your constituency is not
3 only your home base but the people who depend on
4 you day by day, and Freddie has been there for
5 all of us and has been selfless in that
6 situation.
7 His legislative accomplishments,
8 of course, will be gone into many, many times,
9 but I think his proudest moment at least reading
10 it from the way he puts it is the work he did in
11 saving the city of New York when it really was a
12 difficult situation, and people didn't talk in
13 those days about three-way agreements and the
14 job of the Minority Leader, particularly in this
15 house, representing a great part of the city of
16 New York himself was extraordinary -
17 extraordinary.
18 Mainly, though, and on a very
19 personal note, because I want to keep the
20 comments short, I feel a great sense of loss for
21 a friend and obviously it means, Freddie, I
22 would have to pay the mortgage all by myself now
23 and I'm not prepared to undertake that
8137
1 responsibility, but it is -- it is the truth.
2 I've had the honor to serve, I
3 guess, some 17 years as your deputy but more
4 than that really as a friend. I think from the
5 first day I walked into this chamber, you were a
6 person who befriended me, and never withheld
7 from me at any time the kind of things friends
8 do for one another. Never, never was -- were
9 you lacking in that respect in any way.
10 I think you are one of the most
11 upbeat people I have ever met, and you know
12 there are a million stories that -- the one
13 about the guy falling off the building from the
14 80th floor, and I guess to the 40th floor, and
15 he says, "Well, so far so good." That is Fred
16 Ohrenstein. You see the bright side of
17 everything, and I think that's one of the
18 reasons why, although you are barely 50, you
19 still only look 35 and you have a wonderful
20 temperament and you did that to all of us and
21 you have made it easier for us in the Minority
22 through days of great frustration to have
23 feeling that we will participate in and be part
8138
1 of the process.
2 This conference owes you a
3 tremendous amount, Fred. We really do, and as
4 I'm sure heartfelt from everybody. You've
5 earned a rest. Knowing you, you're not going to
6 get it because I know that you are moving on to
7 other things and intend to be extraordinarily
8 active, and I think for those organizations,
9 governmental or private, which will gain the
10 benefit of your knowledge, your expertise, your
11 energy, they are very lucky.
12 I can only say at this point
13 there will be a lot more said on other days, but
14 Godspeed, God bless you. You're a wonderful
15 guy.
16 (Applause.)
17 ACTING PRESIDENT KUHL: The Chair
18 recognizes Senator Marino.
19 SENATOR MARINO: Mr. President,
20 there being no other business, I move that we
21 adjourn subject to the call of the Majority
22 Leader, intervening days to be legislative
23 days.
8139
1 ACTING PRESIDENT KUHL: Without
2 objection, the Senate stands adjourned subject
3 to the call of the Majority Leader.
4 (Whereupon at 11:20 a.m., July 3,
5 1994, the Senate adjourned. )
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