Regular Session - June 27, 1995
10722
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9 ALBANY, NEW YORK
10 June 27, 1995
11 10:04 a.m.
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14 REGULAR SESSION
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18 SENATOR JOSEPH R. HOLLAND, Acting President
19 STEPHEN F. SLOAN, Secretary
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10723
1 P R O C E E D I N G S
2 ACTING PRESIDENT HOLLAND: The
3 Senate will come to order.
4 The Senators will find their
5 seats. Would everyone please rise and join us
6 in the pledge to the flag.
7 (The assemblage repeated the
8 Pledge of Allegiance to the Flag.)
9 May we now bow our heads in a
10 moment of silent prayer.
11 (A moment of silence was
12 observed. )
13 Thank you.
14 Reading of the Journal.
15 THE SECRETARY: In Senate,
16 Monday, June 26th. The Senate met pursuant to
17 adjournment, Senator Farley in the Chair upon
18 designation of the Temporary President. The
19 Journal of Sunday, June 25th, was read and ap
20 proved. On motion, Senate adjourned.
21 ACTING PRESIDENT HOLLAND:
22 Hearing no objection, the Journal stands
23 approved as read.
10724
1 Senator Bruno.
2 SENATOR BRUNO: Mr. President,
3 can we ask for an immediate meeting of the Rules
4 Committee in Room 332.
5 ACTING PRESIDENT HOLLAND: There
6 will be an immediate meeting of the Rules
7 Committee in Room 332.
8 The order of business.
9 Presentation of petitions.
10 Messages from the Assembly.
11 Secretary will read.
12 THE SECRETARY: The Assembly
13 returned the Senate Bill Number 4524, Assembly
14 Reprint 30006, entitled an Act to Amend the
15 Election Law, with a message that it has
16 concurred in the passage of the same with
17 amendments.
18 ACTING PRESIDENT HOLLAND:
19 Senator DiCarlo.
20 SENATOR DiCARLO: Mr. President,
21 on behalf of Senator Maltese, I move that the
22 Senate concur in said amendments.
23 ACTING PRESIDENT HOLLAND:
10725
1 Without objection, the amendments are concurred
2 in, and the bill is restored to the Calendar.
3 Further messages from the
4 Assembly?
5 Messages from the Governor.
6 Reports of standing committees.
7 Reports of select committees.
8 Communications and reports from
9 state officers.
10 Motions and resolutions.
11 SENATOR MAZIARZ: Mr. President.
12 ACTING PRESIDENT HOLLAND:
13 Senator Maziarz.
14 SENATOR MAZIARZ: Thank you, Mr.
15 President.
16 Mr. President, on behalf of
17 Senator Levy, I wish to call up bill, Print
18 4146A, recalled from the Assembly which is now
19 at the desk.
20 ACTING PRESIDENT HOLLAND:
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 583, by Senator Levy, Senate Print 4146A, an act
10726
1 to amend the Transportation Law, in relation to
2 requiring the Commissioner of Transportation.
3 SENATOR MAZIARZ: Mr. President,
4 I now move to reconsider the vote by which this
5 bill was passed.
6 ACTING PRESIDENT HOLLAND: Call
7 the roll on reconsideration.
8 (The Secretary called the roll on
9 reconsideration. )
10 THE SECRETARY: Ayes 31.
11 SENATOR MAZIARZ: I now offer the
12 following amendments, Mr. President.
13 ACTING PRESIDENT HOLLAND:
14 Amendments received.
15 SENATOR MAZIARZ: Mr. President,
16 I wish to call up bill, Print Number 4384,
17 recalled from the Assembly which is now at the
18 desk.
19 ACTING PRESIDENT HOLLAND:
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 665, by Senator Cook, Senate Print 4384, an act
23 relating to the apportionment of building aid
10727
1 and reorganization incentive building aid.
2 SENATOR MAZIARZ: Mr. President,
3 I now move to reconsider the vote by which this
4 bill was passed.
5 ACTING PRESIDENT HOLLAND: Call
6 the roll.
7 (The Secretary called the roll on
8 reconsideration. )
9 THE SECRETARY: Ayes 31.
10 SENATOR MAZIARZ: I now offer the
11 following amendments.
12 ACTING PRESIDENT HOLLAND:
13 Amendments received.
14 Senator Maziarz.
15 SENATOR MAZIARZ: Mr. President,
16 on behalf of Senator Skelos, I wish to call up
17 Print Number 4182A, recalled from the Assembly
18 which is now at the desk.
19 ACTING PRESIDENT HOLLAND:
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 564, by Senator Skelos, Senate Print 4182A, an
23 act to amend the Nassau County Civil Divisions
10728
1 Act, in relation to the volunteer and exempt
2 firemen's benevolent association.
3 SENATOR MAZIARZ: I now move to
4 reconsider the vote by which this bill was
5 passed.
6 ACTING PRESIDENT HOLLAND: Call
7 the roll.
8 (The Secretary called the roll on
9 reconsideration. )
10 THE SECRETARY: Ayes 31.
11 SENATOR MAZIARZ: I now offer the
12 following amendments.
13 ACTING PRESIDENT HOLLAND:
14 Amendments received.
15 Senator Maziarz.
16 SENATOR MAZIARZ: Mr. President,
17 on behalf of Senator Volker, I'd like to call up
18 Print Number 2767A, recalled from the Assembly
19 which is now at the desk.
20 ACTING PRESIDENT HOLLAND:
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 554, by Senator Volker, Senate Print 2767A, an
10729
1 act to amend Chapter 207 of the Laws of 1994
2 relating to incorporating the Twin District
3 Volunteer Firemen's Benevolent Association.
4 SENATOR MAZIARZ: I now move to
5 reconsider the vote by which this bill was
6 passed.
7 ACTING PRESIDENT HOLLAND: Call
8 the roll.
9 (The Secretary called the roll on
10 reconsideration. )
11 THE SECRETARY: Ayes 31.
12 SENATOR MAZIARZ: Mr. President,
13 I now offer the following amendments.
14 ACTING PRESIDENT HOLLAND:
15 Amendments are received.
16 SENATOR MAZIARZ: Mr. President.
17 ACTING PRESIDENT HOLLAND:
18 Senator Maziarz.
19 SENATOR MAZIARZ: On behalf of
20 Senator LaValle, I'd like to call up Senate
21 Print 1798, recalled from the Assembly which is
22 now at the desk.
23 ACTING PRESIDENT HOLLAND:
10730
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 537, by Senator LaValle, Senate Print 1098, an
4 act to amend the General Municipal Law, in
5 relation to service award programs.
6 SENATOR MAZIARZ: Mr. President,
7 I now wish to -- I move to reconsider the vote
8 by which this bill was passed.
9 ACTING PRESIDENT HOLLAND: Call
10 the roll, please.
11 (The Secretary called the roll on
12 reconsideration. )
13 THE SECRETARY: Ayes 31.
14 SENATOR MAZIARZ: Mr. President,
15 I now offer the following amendments.
16 ACTING PRESIDENT HOLLAND: The
17 amendments are received.
18 Senator Maziarz.
19 SENATOR MAZIARZ: Mr. President,
20 on behalf of Senator Holland, I wish to call up
21 Print Number 475, recalled from the Assembly
22 which is now at the desk.
23 ACTING PRESIDENT HOLLAND:
10731
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 515, by Senator Holland, Senate Print 475, an
4 act to amend the Criminal Procedure Law, in
5 relation to designating security officers.
6 SENATOR MAZIARZ: Mr. President,
7 I now move to reconsider the vote by which this
8 bill was passed.
9 ACTING PRESIDENT HOLLAND: Call
10 the roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 31.
13 SENATOR MAZIARZ: Mr. President,
14 I now offer the following amendments.
15 ACTING PRESIDENT HOLLAND:
16 Amendments are received.
17 Senator Maziarz.
18 SENATOR MAZIARZ: Mr. President,
19 on behalf of Senator Velella, I wish to call up
20 Print Number 2946, recalled from the Assembly
21 which is now at the desk.
22 ACTING PRESIDENT HOLLAND:
23 Secretary will read.
10732
1 THE SECRETARY: Calendar Number
2 176, by Senator Velella, Senate Print 2946, an
3 act to amend Chapter 9 -- excuse me, 696 of the
4 Laws of 1887 relating to providing hospitals.
5 SENATOR MAZIARZ: Mr. President,
6 I now move to reconsider the vote by which this
7 bill was passed.
8 ACTING PRESIDENT HOLLAND: Call
9 the roll, please.
10 THE SECRETARY: Ayes 31.
11 SENATOR MAZIARZ: Mr. President,
12 I now offer the following amendments.
13 ACTING PRESIDENT HOLLAND: The
14 amendments are received, Senator Maziarz.
15 SENATOR MAZIARZ: Mr. President,
16 on behalf of Senator Goodman, I wish to call up
17 Print Number 1409, recalled from the Assembly
18 which is now at the desk.
19 ACTING PRESIDENT HOLLAND:
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 125, by Senator Goodman, Senate Print 1409, an
23 act to amend the Vehicle and Traffic Law, in
10733
1 relation to increasing penalties for subsequent
2 violations.
3 SENATOR MAZIARZ: Mr. President,
4 I now move to reconsider the vote by which this
5 bill was passed.
6 ACTING PRESIDENT HOLLAND: Call
7 the roll.
8 (The Secretary called the roll on
9 reconsideration. )
10 THE SECRETARY: Ayes 31.
11 SENATOR MAZIARZ: Mr. President,
12 I now offer the following amendments.
13 ACTING PRESIDENT HOLLAND: The
14 amendments are received.
15 Senator Maziarz.
16 SENATOR MAZIARZ: Mr. President,
17 on behalf of Senator Kuhl, I wish to call up
18 Print Number 658A, recalled from the Assembly
19 which is now at the desk.
20 ACTING PRESIDENT HOLLAND:
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 61, by Senator Kuhl, Senate Print 658A, an act
10734
1 to amend the Agriculture and Markets Law and the
2 Environmental Conservation Law, in relation to
3 the siting of solid waste management resource
4 recovery facilities.
5 SENATOR MAZIARZ: Mr. President,
6 I now move to reconsider the vote by which this
7 bill was passed.
8 ACTING PRESIDENT HOLLAND: Call
9 the roll, please.
10 (The Secretary called the roll on
11 reconsideration. )
12 THE SECRETARY: Ayes 31.
13 SENATOR MAZIARZ: Mr. President,
14 I now offer the following amendments.
15 ACTING PRESIDENT HOLLAND: The
16 amendments are received.
17 Senator Maziarz.
18 SENATOR MAZIARZ: Mr. President,
19 on behalf of Senator Nozzolio, I wish to call up
20 Senate Print 580A, recalled from the Assembly
21 which is now at the desk.
22 ACTING PRESIDENT HOLLAND:
23 Secretary will read.
10735
1 THE SECRETARY: Calendar Number
2 42, by Senator Nozzolio, Senate Print 580A, an
3 act to amend the Public Authorities Law, and the
4 Executive Law, in relation to creating the
5 Cayuga County Water and Sewer Authority.
6 SENATOR MAZIARZ: Mr. President,
7 I now move to reconsider the vote by which this
8 bill was passed.
9 ACTING PRESIDENT HOLLAND: Call
10 the roll.
11 (The Secretary called the roll on
12 reconsideration. )
13 THE SECRETARY: Ayes 31.
14 SENATOR MAZIARZ: Mr. President,
15 I now offer the following amendments.
16 ACTING PRESIDENT HOLLAND: The
17 amendments are received.
18 SENATOR MAZIARZ: Mr. President,
19 on behalf of Senator DeFrancisco, I wish to call
20 up Print Number 4225B, recalled from the
21 Assembly which is now at the desk.
22 ACTING PRESIDENT HOLLAND:
23 Secretary will read.
10736
1 THE SECRETARY: Calendar Number
2 1404, by Senator DeFrancisco, Senate Print
3 4225B, an act to amend the County Law, the
4 General Municipal Law and the Education Law, in
5 relation to the appointment as private college
6 campus security officers.
7 SENATOR MAZIARZ: Mr. President,
8 I now move to reconsider the vote by which this
9 bill was passed.
10 ACTING PRESIDENT HOLLAND: Call
11 the roll, please.
12 (The Secretary called the roll on
13 reconsideration. )
14 THE SECRETARY: Ayes 32.
15 SENATOR MAZIARZ: Mr. President,
16 I now offer the following amendments.
17 ACTING PRESIDENT HOLLAND: The
18 amendments are received.
19 Senator Marcellino.
20 SENATOR MARCELLINO: It's a tough
21 act to follow, Mr. President.
22 On behalf of Senator Saland, I
23 wish to call up Bill Number 3475, having passed
10737
1 both houses and not delivered to the Governor.
2 ACTING PRESIDENT HOLLAND:
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 950, by Senator Saland, Senate Print 3475, an
6 act to amend the Family Court Act and the
7 Domestic Relations Law, in relation to service
8 of temporary orders of protection.
9 SENATOR MARCELLINO: Mr.
10 President, I now move to reconsider the vote by
11 which this bill was passed and ask the bill be
12 restored to the order of third reading.
13 ACTING PRESIDENT HOLLAND: Call
14 the roll.
15 (The Secretary called the roll on
16 reconsideration. )
17 THE SECRETARY: Ayes 32.
18 SENATOR MARCELLINO: Mr.
19 President, I offer the following amendments.
20 ACTING PRESIDENT HOLLAND: The
21 amendments are received.
22 Senator Marcellino.
23 SENATOR MARCELLINO: On behalf of
10738
1 Senator Maltese, may I call up bill, Print
2 Number 3320, recalled from the Assembly which is
3 now at the desk.
4 ACTING PRESIDENT HOLLAND:
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 1445, by Senator Maltese, Senate Print 3320, an
8 act to amend the Penal Law, in relation to false
9 reporting of incidents.
10 SENATOR MARCELLINO: Mr.
11 President, I now move to reconsider the vote by
12 which this bill was passed.
13 ACTING PRESIDENT HOLLAND: Call
14 the roll.
15 (The Secretary called the roll on
16 reconsideration. )
17 THE SECRETARY: Ayes 32.
18 SENATOR MARCELLINO: Mr.
19 President, I offer the following amendments.
20 ACTING PRESIDENT HOLLAND: The
21 amendments are received.
22 SENATOR MARCELLINO: Mr.
23 President, on behalf of my colleague, Senator
10739
1 Nozzolio, I wish to call up Print Number 3982,
2 recalled from the Assembly which is now at the
3 desk.
4 ACTING PRESIDENT HOLLAND:
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 1411, by Senator Nozzolio, Senate Print 3982, an
8 act to amend the Vehicle and Traffic Law, in
9 relation to authorizing a residential parking
10 system.
11 SENATOR MARCELLINO: Mr.
12 President, I now move that we reconsider the
13 vote by which this bill was passed.
14 ACTING PRESIDENT HOLLAND: Call
15 the roll, please.
16 (The Secretary called the roll on
17 reconsideration. )
18 THE SECRETARY: Ayes 32.
19 SENATOR MARCELLINO: Mr.
20 President, I offer the following amendments.
21 ACTING PRESIDENT HOLLAND: The
22 amendments are received.
23 Senator Marcellino.
10740
1 SENATOR MARCELLINO: Mr.
2 President, on behalf of Senator Kuhl, I wish to
3 call up Print Number 5085, recalled from the
4 Assembly which is now at the desk.
5 ACTING PRESIDENT HOLLAND:
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 1340, by Senator Kuhl, Senate Print 5085, an act
9 in relation to authorizing the village of Penn
10 Yan, Yates County, to issue serial bonds.
11 SENATOR MARCELLINO: Mr.
12 President, I now move to reconsider the vote by
13 which this bill was passed.
14 ACTING PRESIDENT HOLLAND: Call
15 the roll.
16 (The Secretary called the roll on
17 reconsideration.)
18 THE SECRETARY: Ayes 32.
19 SENATOR MARCELLINO: Mr.
20 President, I now offer the following
21 amendments.
22 ACTING PRESIDENT HOLLAND: The
23 amendments are received.
10741
1 SENATOR MARCELLINO: Mr.
2 President, on behalf of Senator Goodman, I wish
3 to call up bill, Print Number 917A, recalled
4 from the Assembly which is now at the desk.
5 ACTING PRESIDENT HOLLAND:
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 1051, by Senator Goodman, Senate Print 917A, an
9 act to amend the Civil Rights Law, in relation
10 to prohibiting the non-consensual use of a
11 person's voice.
12 SENATOR MARCELLINO: Mr.
13 President, I now move to reconsider the vote by
14 which this bill was passed.
15 ACTING PRESIDENT HOLLAND: Call
16 the roll, please.
17 (The Secretary called the roll on
18 reconsideration.)
19 THE SECRETARY: Ayes 32.
20 SENATOR MARCELLINO: Mr.
21 President, I offer the following amendments.
22 ACTING PRESIDENT HOLLAND: The
23 amendments are received.
10742
1 SENATOR MARCELLINO: Mr.
2 President, on behalf of Senator Lack, I wish to
3 call up bill, Print Number 3552, recalled from
4 the Assembly which is now at the desk.
5 ACTING PRESIDENT HOLLAND:
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 931, by Senator Lack, Senate Print 3552, an act
9 to amend the Tax Law, in relation to mortgage
10 recording taxes on credit line mortgages.
11 SENATOR MARCELLINO: Mr.
12 President, I move the vote by which this bill -
13 I move to reconsider the vote by which this bill
14 was passed.
15 ACTING PRESIDENT HOLLAND: Call
16 the roll.
17 (The Secretary called the roll on
18 reconsideration.)
19 THE SECRETARY: Ayes 32.
20 SENATOR MARCELLINO: Mr.
21 President, I offer the following amendments.
22 ACTING PRESIDENT HOLLAND: The
23 amendments are received.
10743
1 Senator Marcellino.
2 SENATOR MARCELLINO: Mr.
3 President, on behalf of Senator Saland, I wish
4 to call up bill, Print Number 1434A, recalled
5 from the Assembly which is now at the desk.
6 ACTING PRESIDENT HOLLAND:
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 908, by Senator Saland, Senate Print 1434A, an
10 act authorizing the Commissioner of General
11 Services to sell certain land to the city of
12 Beacon.
13 SENATOR MARCELLINO: Mr.
14 President, I now move to reconsider the vote by
15 which this bill was passed.
16 ACTING PRESIDENT HOLLAND: Call
17 the roll.
18 (The Secretary called the roll on
19 reconsideration.)
20 THE SECRETARY: Ayes 32.
21 SENATOR MARCELLINO: Mr.
22 President, I offer the following amendments.
23 ACTING PRESIDENT HOLLAND: The
10744
1 amendments are received.
2 SENATOR MARCELLINO: Mr.
3 President, on behalf of Senator Sears, I wish to
4 call up bill, Print Number 1355B, recalled from
5 the Assembly which is now at the desk.
6 ACTING PRESIDENT HOLLAND:
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 894, by Senator Sears, Senate Print 1355B, an
10 act to amend the Environmental Conservation Law,
11 in relation to prohibiting the feeding of deer
12 within 300 feet of a public highway.
13 SENATOR MARCELLINO: Mr.
14 President, I now move to reconsider the vote by
15 which this bill was passed.
16 ACTING PRESIDENT HOLLAND: Call
17 the roll, please.
18 (The Secretary called the roll on
19 reconsideration.)
20 THE SECRETARY: Ayes 33.
21 SENATOR MARCELLINO: Mr.
22 President, I offer the following amendments.
23 ACTING PRESIDENT HOLLAND: The
10745
1 amendments are received.
2 SENATOR MARCELLINO: Mr.
3 President, on behalf of Senator Levy, I call up
4 bill, Print Number 4985A, recalled from the
5 Assembly which is now at the desk.
6 ACTING PRESIDENT HOLLAND:
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 875, by Senator Levy, Senate Print 4985-A, an
10 act to amend the Transportation Law, in relation
11 to the investigation of accidents by the state
12 Public Transportation Safety Board.
13 SENATOR MARCELLINO: Mr.
14 President, I now move we reconsider the vote by
15 which this bill was passed.
16 ACTING PRESIDENT HOLLAND: Call
17 the roll.
18 (The Secretary called the roll on
19 reconsideration.)
20 THE SECRETARY: Ayes 33.
21 SENATOR MARCELLINO: Mr.
22 President, I offer the following amendments.
23 ACTING PRESIDENT HOLLAND: The
10746
1 amendments are received. Senator Marcellino.
2 SENATOR MARCELLINO: Mr.
3 President, on behalf of Senator Goodman, I wish
4 to call up bill, Senate Print 3672A, recalled
5 from the Assembly which is now at the desk.
6 ACTING PRESIDENT HOLLAND: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 75, by Senator Goodman, Senate Print 3672A, an
10 act to amend Chapter 687 of the Laws of 1991,
11 amending the General Business Law.
12 SENATOR MARCELLINO: Mr.
13 President, I now move we reconsider the vote by
14 which this bill was passed.
15 ACTING PRESIDENT HOLLAND: Call
16 the roll, please.
17 (The Secretary called the roll on
18 reconsideration.)
19 THE SECRETARY: Ayes 33.
20 SENATOR MARCELLINO: Mr.
21 President, I offer the following amendments.
22 ACTING PRESIDENT HOLLAND: The
23 amendments are received.
10747
1 SENATOR MARCELLINO: Mr.
2 President, last but not least, on behalf of
3 Senator Leibell, I wish to call up bill, Print
4 Number 2744A, recalled from the Assembly which
5 is now at the desk.
6 ACTING PRESIDENT HOLLAND:
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 784, by Senator Leibell, Senate Print 2744A, an
10 act to amend the Town Law, in relation to the
11 refuse and garbage districts in the town of
12 Putnam Valley.
13 SENATOR MARCELLINO: Mr.
14 President, I now move to reconsider the vote by
15 which this bill was passed.
16 ACTING PRESIDENT HOLLAND: Call
17 the roll, please.
18 (The Secretary called the roll on
19 reconsideration.)
20 THE SECRETARY: Ayes 33.
21 SENATOR MARCELLINO: Mr.
22 President, I now offer the following amendments.
23 ACTING PRESIDENT HOLLAND: The
10748
1 amendments are received. Nice job.
2 Senator Bruno.
3 SENATOR BRUNO: Mr. President, I
4 understand that there is a resolution at the
5 desk. I'd like to ask that it now be read in
6 its entirety. I believe it's by Senator Rath.
7 ACTING PRESIDENT HOLLAND:
8 Secretary will read, please.
9 Senator Rath.
10 SENATOR RATH: There is an
11 expectation of someone coming to the chamber in
12 a few moments. If we could do it when she
13 arrives, that would be very important.
14 ACTING PRESIDENT HOLLAND: We'll
15 lay it aside for a few moments.
16 Senator Leibell.
17 SENATOR BRUNO: Mr. President,
18 what do I know!
19 ACTING PRESIDENT HOLLAND:
20 Senator Bruno.
21 SENATOR BRUNO: In an attempt to
22 move the process along, is there any other
23 housekeeping at the desk?
10749
1 ACTING PRESIDENT HOLLAND: Is
2 there any other housekeeping?
3 SENATOR BRUNO: Mr. President,
4 there is no other housekeeping at the desk.
5 Thank you.
6 ACTING PRESIDENT HOLLAND: No,
7 sir.
8 SENATOR BRUNO: Mr. President, I
9 believe there's a Rules report now at the desk.
10 ACTING PRESIDENT HOLLAND: There
11 is.
12 SENATOR BRUNO: Can we have the
13 Rules report read.
14 ACTING PRESIDENT HOLLAND:
15 Secretary will read, please.
16 SENATOR BRUNO: And adopted.
17 THE SECRETARY: Senator Bruno,
18 from the Committee on Rules, reports the
19 following bills:
20 Senate Print 2736A, by Senator
21 LaValle, an act to amend the Domestic Relations
22 Law, in relation to information regarding the
23 Thalassemia Trait for applicants for marriage
10750
1 licenses;
2 6138, by member of the Assembly
3 Lafayette, an act to amend the Education Law, in
4 relation to persons over 60 years of age
5 auditing courses at the City University of New
6 York;
7 Senate Print 5335A, by Senator
8 Trunzo, an act to amend the Administrative Code
9 of the city of New York, in relation to provid
10 ing for transfer of the assets, liabilities and
11 administration of the fire department pension
12 fund;
13 5421, by Senator Trunzo, an act
14 to amend the Administrative Code of the city of
15 New York, in relation to providing for transfer
16 of the assets, liabilities and administration of
17 the police pension fund;
18 Senate Print 2149B, by Senator
19 Spano, an act to amend the Environmental
20 Conservation Law, in relation to authorizing
21 certain wildlife rehabilitators;
22 Senate Print 916A, by Senator
23 Goodman, an act authorizing the city of New York
10751
1 to reconvey its interest in certain real
2 property acquired by in rem tax foreclosure in
3 the borough of Manhattan;
4 3260, by Senator Stavisky, an act
5 authorizing the city of New York to reconvey its
6 interests in certain real property acquired by
7 in rem tax foreclosure in the borough of Queens;
8 3978, by Senator Volker, an act
9 to amend the Executive Law, in relation to the
10 organization of the New York State Police;
11 4201, by Senator Tully, an act to
12 amend the Social Services Law, in relation to
13 authorizing patient discharge to hospices and to
14 residential health care facilities;
15 4582C, by Senator Hoblock, an act
16 to amend the Education Law, in relation to state
17 aid reimbursement for administrative costs
18 related to pre-school special education
19 programs;
20 4611, by Senator Lack, an act to
21 amend the Surrogate's Court Procedure Act, in
22 relation to the appointment of a guardian ad
23 litem;
10752
1 4733A, by Senator Holland, an act
2 to amend the Social Services Law, in relation to
3 enhancing the welfare management system;
4 4950B, by Senator Marcellino, an
5 act to amend the Navigation Law, in relation to
6 regulation of sewage disposal in certain cases;
7 5182, by Senator Seward, an act
8 to authorize William F. McLorn to purchase
9 service credit in the New York State and local
10 police and fire retirement system;
11 5232, by Senator Stafford, an act
12 to amend the Insurance Law, in relation to
13 health insurance coverage;
14 5274, by Senator Maltese, an act
15 to amend the Vehicle and Traffic Law, in
16 relation to providing the owner of a vehicle
17 with a second notice;
18 5307, by Senator Kuhl, an act to
19 amend the Agriculture and Markets Law, in
20 relation to the definition of commercial horse
21 boarding;
22 5364A, by Senator Goodman, an act
23 to amend the Arts and Cultural Affairs Law, in
10753
1 relation to the maturity dates of notes and
2 bonds of trusts;
3 5387, by Senator Velella, an act
4 to amend Chapter 12 of the Laws of 1995,
5 relating to providing a retirement incentive;
6 5402, by Senator Hannon, an act
7 to amend Chapter 438 of the Laws of 1993,
8 amending the Public Health Law;
9 5426, by Senator Stafford, an act
10 to amend the Highway Law, in relation to
11 purchase of new county road machinery;
12 5429, by Senator Marchi, an act
13 to amend the New York State Urban Development
14 Corporation Act, in relation to the name of the
15 New York State Urban Development Corporation;
16 5430, by Senator Marchi, an act
17 to amend the Public Authorities Law, in relation
18 to the indemnification of the members of the
19 boards of directors;
20 5434, by Senator Maziarz, an act
21 to amend the State Finance Law, in relation to
22 establishing a transportation mobility revolving
23 loan fund;
10754
1 5441, by Senator Libous, an act
2 to amend the Criminal Procedure Law and the
3 Mental Hygiene Law, in relation to providing
4 criminal history records;
5 5458, by Senator Kuhl, an act to
6 amend the Alcoholic Beverage Control Law and a
7 chapter of the laws of 1995, as proposed in
8 legislative bill numbers Senate 5199 and
9 Assembly 7797A;
10 5466, by Senator Trunzo, an act
11 to amend the Retirement and Social Security Law,
12 in relation to employer costs for retroactive
13 membership;
14 5539, by Senator Hoblock, an act
15 to amend the Military Law, in relation to
16 application for civil service examinations;
17 All bills ordered directly for
18 third reading.
19 ACTING PRESIDENT HOLLAND:
20 Senator Bruno.
21 SENATOR BRUNO: Mr. President,
22 can we at this time recognize Senator Nozzolio
23 for an announcement.
10755
1 ACTING PRESIDENT HOLLAND:
2 Senator Nozzolio.
3 SENATOR NOZZOLIO: Thank you, Mr.
4 President. There will be an immediate meeting
5 of the Committee on Crime Victims, Crime and
6 Corrections in Room 334 of the Capitol.
7 ACTING PRESIDENT HOLLAND: There
8 will be an immediate meeting of the Committee in
9 Room 334 -- check that, yes, Senator, 332.
10 SENATOR NOZZOLIO: I just learned
11 it's 332 of the Capitol.
12 ACTING PRESIDENT HOLLAND: 332 of
13 the Capitol. Thank you, sir.
14 Senator Bruno, we have to accept
15 the Rules Committee report.
16 SENATOR BRUNO: I move to accept
17 the Rules report, Mr. President.
18 ACTING PRESIDENT HOLLAND: All in
19 favor of accepting the Rules Committee report
20 signify by saying aye.
21 (Response of "Aye.")
22 All opposed say nay.
23 (There was no response. )
10756
1 The committee report of the Rules
2 -- Rules Committee report is accepted,
3 adopted.
4 SENATOR BRUNO: Mr. President, I
5 believe there is a Rules committee -- not Rules,
6 Tourism in Room 332 immediately following the
7 Crime Victims meeting in the same room.
8 ACTING PRESIDENT HOLLAND: There
9 will be a Tourism Committee meeting immediately
10 following the Crime Committee meeting in Room
11 332 of the Capitol.
12 SENATOR BRUNO: Mr. President,
13 can we at this time take up the
14 non-controversial calendar.
15 ACTING PRESIDENT HOLLAND:
16 Secretary will read.
17 THE SECRETARY: Senator LaValle
18 moves to discharge from the Committee on Rules
19 Assembly Bill Number 4552A, and substitute it
20 for the identical Calendar Number 765.
21 ACTING PRESIDENT HOLLAND:
22 Substitution ordered.
23 THE SECRETARY: Calendar Number
10757
1 765, by member of the Assembly DiNapoli,
2 Assembly Print 4552A, an act to amend the
3 Domestic Relations Law, in relation to
4 information regarding the Thalassemia Trait for
5 applicants for marriage licenses.
6 ACTING PRESIDENT HOLLAND: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first day of
10 September.
11 ACTING PRESIDENT HOLLAND: Call
12 the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 42.
15 ACTING PRESIDENT HOLLAND: The
16 bill is passed.
17 SENATOR MARCELLINO: No.
18 ACTING PRESIDENT HOLLAND: Wait.
19 The results.
20 THE SECRETARY: On calendar
21 Number 765, ayes 41, nays one, Senator
22 Marcellino recorded in the negative.
23 ACTING PRESIDENT HOLLAND: The
10758
1 bill is passed.
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 799, by member of the Assembly Lafayette,
5 Assembly Print 6138, an act to amend the
6 Education Law, in relation to persons over 60
7 years of age.
8 ACTING PRESIDENT HOLLAND: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect July 1st.
12 ACTING PRESIDENT HOLLAND: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes -
16 ACTING PRESIDENT HOLLAND: Are
17 there negatives? Results.
18 THE SECRETARY: Ayes 42, nays
19 one, Senator Wright recorded in the negative.
20 ACTING PRESIDENT HOLLAND: The
21 bill is passed.
22 Secretary will read.
23 THE SECRETARY: Calendar Number
10759
1 1420, by Senator Trunzo, Senate Print 5335A, an
2 act to amend the Administrative Code of the city
3 of New York, in relation to providing for
4 transfer of assets.
5 ACTING PRESIDENT HOLLAND: There
6 is a home rule message at the desk. Read the
7 last section.
8 THE SECRETARY: Section 20. This
9 act shall take effect July 1st.
10 ACTING PRESIDENT HOLLAND: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 43.
14 ACTING PRESIDENT HOLLAND: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1431, by Senator Trunzo, Senate Print 5421, an
18 act to amend the Administrative Code of the city
19 of New York, in relation to providing for
20 transfer of assets.
21 ACTING PRESIDENT HOLLAND: There
22 is a home rule message at the desk. Read the
23 last section.
10760
1 THE SECRETARY: Section 18. This
2 act shall take effect July 1st.
3 ACTING PRESIDENT HOLLAND: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 44.
7 ACTING PRESIDENT HOLLAND: The
8 bill is passed.
9 THE SECRETARY: Senator Spano
10 moves to discharge from the Committee on Rules
11 Assembly Bill Number 2257B, and substitute it
12 for the identical Calendar Number 1440.
13 ACTING PRESIDENT HOLLAND:
14 Substitution ordered.
15 THE SECRETARY: Calendar Number
16 1440, by member of the Assembly Brodsky,
17 Assembly Print 2257B, an act to amend the
18 Environmental Conservation Law, in relation to
19 authorizing certain wildlife rehabilitators.
20 ACTING PRESIDENT HOLLAND: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
10761
1 ACTING PRESIDENT HOLLAND: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 44.
5 ACTING PRESIDENT HOLLAND: The
6 bill is passed.
7 THE SECRETARY: Calendar -
8 Senator Goodman moves to discharge from the
9 Committee on Rules Assembly Bill Number 678, and
10 substitute it for the identical Calendar Number
11 1462.
12 ACTING PRESIDENT HOLLAND:
13 Substitution ordered.
14 THE SECRETARY: Calendar Number
15 1462, by member of the Assembly Ravitz, Assembly
16 Print 678, an act authorizing the city of New
17 York to reconvey its interest in certain real
18 property acquired by in rem tax foreclosure in
19 the borough of Manhattan.
20 ACTING PRESIDENT HOLLAND: There
21 is a home rule message at the desk. Read the
22 last section.
23 THE SECRETARY: Section 2. This
10762
1 act shall take effect immediately.
2 ACTING PRESIDENT HOLLAND: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 44.
6 ACTING PRESIDENT HOLLAND: The
7 bill is passed.
8 THE SECRETARY: Senator Stavisky
9 moves to discharge from the Committee on Rules
10 Assembly Bill Number 5528 and substitute it for
11 the identical Calendar Number 1473.
12 ACTING PRESIDENT HOLLAND:
13 Substitution ordered.
14 THE SECRETARY: Calendar number
15 1473, by member of the Assembly Aubry, Assembly
16 Print Number 5528, an act authorizing the city
17 of New York to reconvey its interest in certain
18 real property acquired by in rem tax foreclosure
19 in the borough of Queens.
20 ACTING PRESIDENT HOLLAND: There
21 is a home rule message at the desk. Read the
22 last section.
23 THE SECRETARY: Section 2. This
10763
1 act shall take effect immediately.
2 ACTING PRESIDENT HOLLAND: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 44.
6 ACTING PRESIDENT HOLLAND: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1474, by Senator Volker, Senate Print 3978, an
10 act to amend the Executive Law, in relation to
11 the organization of the New York State Police.
12 ACTING PRESIDENT HOLLAND: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT HOLLAND: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 44.
20 ACTING PRESIDENT HOLLAND: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1475, by Senator Tully, Senate Print 4201, an
10764
1 act to amend the Social Services Law, in
2 relation to authorizing patient discharge to
3 hospices and to residential health care
4 facilities under the Medical Assistance
5 Presumptive Eligibility Program.
6 ACTING PRESIDENT HOLLAND: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT HOLLAND: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 44.
14 ACTING PRESIDENT HOLLAND: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1476, by Senator Hoblock, Senate Print 4582C, an
18 act to amend the Education Law, in relation to
19 state aid reimbursement for administrative costs
20 related to pre-school special education
21 programs.
22 SENATOR PATERSON: Lay aside.
23 ACTING PRESIDENT HOLLAND: Lay
10765
1 the bill aside.
2 THE SECRETARY: Senator Lack
3 moves to discharge from the Committee on Rules,
4 Assembly Bill Number 7825 and substitute it for
5 the identical Calendar Number 1477.
6 ACTING PRESIDENT HOLLAND:
7 Substitution is ordered. Read the last
8 section.
9 SENATOR SMITH: Lay aside,
10 please.
11 ACTING PRESIDENT HOLLAND: Lay
12 the bill aside.
13 THE SECRETARY: Calendar Number
14 1478, by Senator Holland, Senate Print 4733A, an
15 act to -
16 SENATOR PATERSON: Lay aside.
17 ACTING PRESIDENT HOLLAND: Lay
18 the bill aside.
19 THE SECRETARY: Calendar Number
20 1479, by Senator Marcellino, Senate Print Number
21 4950B, an act to amend the Navigation Law, in
22 relation to sewage disposal in certain cases.
23 ACTING PRESIDENT HOLLAND: Read
10766
1 the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first day of
4 November.
5 ACTING PRESIDENT HOLLAND: Call
6 the roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 44.
9 ACTING PRESIDENT HOLLAND: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1480, by Senator Seward, Senate Print 5182, an
13 act -
14 SENATOR SPANO: Lay aside.
15 ACTING PRESIDENT HOLLAND: Lay
16 the bill aside.
17 THE SECRETARY: Senator Stafford
18 moves to discharge from the Committee on Rules
19 Assembly Bill Number 6788A, and substitute it
20 for the identical Calendar Number 1481.
21 SENATOR SPANO: Lay aside.
22 ACTING PRESIDENT HOLLAND: Lay
23 the bill aside.
10767
1 ACTING PRESIDENT HOLLAND:
2 Substitution is ordered first, then the bill is
3 laid aside.
4 THE SECRETARY: Calendar number
5 1482, by Senator Maltese, Senate Print 5274, an
6 act to amend the Vehicle and Traffic Law, in
7 relation to providing the owner of a vehicle
8 with a second notice of parking violation.
9 ACTING PRESIDENT HOLLAND: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT HOLLAND: Call
14 the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 44.
17 ACTING PRESIDENT HOLLAND: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1483, by Senator Kuhl, Senate Print 5307, an act
21 to amend the Agriculture and Markets Law, in
22 relation to the definition of commercial horse
23 boarding and special district tax exemption.
10768
1 ACTING PRESIDENT HOLLAND: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT HOLLAND: Call
6 the roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 44.
9 ACTING PRESIDENT HOLLAND: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1484, by Senator Goodman, Senate Print 5364A, an
13 act to amend the Arts and Cultural Affairs Law,
14 in relation to maturity dates of notes and bonds
15 of trusts.
16 ACTING PRESIDENT HOLLAND: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT HOLLAND: Call
21 the roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 44.
10769
1 ACTING PRESIDENT HOLLAND: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1485, by Senator Velella, Senate Print 5387, an
5 act to amend Chapter 12 of the Laws of 1995,
6 relating to providing a retirement incentive for
7 certain public employees.
8 ACTING PRESIDENT HOLLAND: Read
9 the last section, please.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT HOLLAND: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 44.
16 ACTING PRESIDENT HOLLAND: The
17 bill is passed.
18 THE SECRETARY: Senator Hannon
19 moves to discharge from the Committee on Rules
20 Assembly Bill Number 8135 and substitute it for
21 the identical Calendar Number 1486.
22 ACTING PRESIDENT HOLLAND:
23 Substitution is ordered. Read the last
10770
1 section.
2 THE SECRETARY: Calendar Number
3 1486, by the Assembly Committee on Rules, a
4 Assembly Bill Number 8135, an act to amend
5 Chapter 438 of the Laws of 1993, amending the
6 Public Health Law.
7 ACTING PRESIDENT HOLLAND: Call
8 the roll.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT HOLLAND: Call
13 the roll, please.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 44.
16 ACTING PRESIDENT HOLLAND: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1487, by Senator Stafford, Senate Print 5426, an
20 act to amend the Highway Law, in relation to
21 purchase of new county road machinery.
22 ACTING PRESIDENT HOLLAND: Read
23 the last section.
10771
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT HOLLAND: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 44.
7 ACTING PRESIDENT HOLLAND: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1488, by Senator Marchi, Senate Print 5429, an
11 act to amend the New York State Urban
12 Development Corporation Act.
13 SENATOR PATERSON: Lay aside.
14 ACTING PRESIDENT HOLLAND: Lay
15 the bill aside, please.
16 THE SECRETARY: Calendar Number
17 1489, by Senator Marchi, Senate Print 5430, an
18 act to amend the Public -
19 SENATOR STAFFORD: Lay it aside,
20 please.
21 ACTING PRESIDENT HOLLAND: Lay
22 the bill aside.
23 THE SECRETARY: Calendar Number
10772
1 1490, by Senator Maziarz, Senate Print Number -
2 SENATOR SPANO: Lay aside,
3 please.
4 ACTING PRESIDENT HOLLAND: Lay
5 the bill aside, please.
6 THE SECRETARY: Calendar Number
7 1491, by Senator Libous, Print Number 5441.
8 SENATOR PATERSON: Lay aside.
9 ACTING PRESIDENT HOLLAND: Lay
10 aside.
11 THE SECRETARY: Senator Kuhl
12 moves to discharge from the Committee on Rules
13 Assembly Number 8179 and substitute it for the
14 identical Calendar Number 1492.
15 ACTING PRESIDENT HOLLAND:
16 Substitution ordered.
17 SENATOR SMITH: Lay aside,
18 please.
19 ACTING PRESIDENT HOLLAND:
20 Substitution ordered. Lay the bill aside.
21 THE SECRETARY: Calendar Number
22 1493, by Senator Trunzo, Senate Print 5466, an
23 act to amend the Retirement and Social Security
10773
1 Law, in relation to employer costs for
2 retroactive membership.
3 ACTING PRESIDENT HOLLAND: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT HOLLAND: Call
8 the roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 45.
11 ACTING PRESIDENT HOLLAND: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1494, by Senator Hoblock, Senate Print 5539, an
15 act to amend the Military Law, in relation to
16 application for civil service examinations.
17 ACTING PRESIDENT HOLLAND: The
18 bill is high. Lay it aside, please.
19 SENATOR SPANO: Mr. President.
20 ACTING PRESIDENT HOLLAND:
21 Senator Spano.
22 SENATOR SPANO: Mr. President,
23 can we please go to the controversial calendar.
10774
1 ACTING PRESIDENT HOLLAND:
2 Controversial calendar. The Secretary will
3 read, please.
4 THE SECRETARY: Calendar Number
5 1476, by Senator Hoblock, Senate Print 4582C, an
6 act to amend the Education Law, in relation to
7 state aid reimbursement for administrative costs
8 of -
9 SENATOR PATERSON: Explanation.
10 ACTING PRESIDENT HOLLAND:
11 Explanation is requested. Senator Hoblock.
12 SENATOR HOBLOCK: Yes, Mr.
13 President.
14 This bill is one of several that
15 have been introduced this year in an effort to
16 give some relief to the counties in a program
17 that has been growing substantially in dollars
18 and that's the pre-school education program.
19 Right now, the counties are
20 reimbursed for administrative costs relative to
21 this particular program at the rate of $50.
22 This bill increases that reimbursement to $250
23 and will be financed from monies reimbursed from
10775
1 the federal government, if available.
2 ACTING PRESIDENT HOLLAND:
3 Senator Paterson.
4 SENATOR PATERSON: Mr. President,
5 would Senator Hoblock, as he graciously always
6 does, yield for a question?
7 SENATOR HOBLOCK: Yes.
8 ACTING PRESIDENT HOLLAND:
9 Senator Hoblock, would you graciously yield?
10 SENATOR HOBLOCK: Graciously
11 yield.
12 ACTING PRESIDENT HOLLAND: He
13 does, Senator.
14 SENATOR PATERSON: Senator, this
15 is actually a noble cause. We are just
16 wondering if there is a fiscal impact as a
17 result of it.
18 SENATOR HOBLOCK: No, there will
19 be no local impact. Actually this is a relief
20 as opposed to a local impact.
21 SENATOR PATERSON: Mr. President,
22 if there is going to be a refund, it would seem
23 to me that it would be almost prima facie as it
10776
1 relates to fiscal impact.
2 SENATOR HOBLOCK: I'm sorry, I
3 didn't hear that.
4 SENATOR PATERSON: Senator, what
5 I'm saying is, it would seem just almost -- it
6 would just seem almost inherent in the concept
7 that there would be a fiscal impact because it
8 is a reward, and that's just what we'd like you
9 to explain is how there is no cost to the state
10 to provide this.
11 SENATOR HOBLOCK: I'm sorry,
12 Senator Paterson, I talked about local -- local
13 cost. What this is saying is that the -- it
14 would be recouped from the federal participation
15 pursuant to Title XIX for these types of
16 programs if that money is available and not
17 being used for other purposes.
18 SENATOR PATERSON: Thank you,
19 Senator.
20 SENATOR SPANO: Last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect July 1st.
23 ACTING PRESIDENT HOLLAND: There
10777
1 is a local fiscal impact note at the desk.
2 There is a fiscal local impact note at the
3 desk. Call the roll, please.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 45.
6 ACTING PRESIDENT HOLLAND: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1477, substituted earlier today, by the Assembly
10 Committee on Rules, Assembly Print 7825, an act
11 to amend the Surrogate's Court Procedure Act, in
12 relation to the appointment of a guardian ad
13 litem.
14 SENATOR PATERSON: Explanation.
15 ACTING PRESIDENT HOLLAND:
16 Explanation is requested.
17 SENATOR SPANO: Lay it aside.
18 ACTING PRESIDENT HOLLAND: Lay
19 the bill aside temporarily, please.
20 THE SECRETARY: Calendar Number
21 1478, by Senator Holland, Senate Print 4733A, an
22 act to amend the Social Services Law, in
23 relation to enhancing the welfare management
10778
1 system.
2 SENATOR SPANO: Last section.
3 ACTING PRESIDENT HOLLAND: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT RATH: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 45.
11 ACTING PRESIDENT RATH: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1480, by Senator Seward, Senate Print 5182, an
15 act to authorize William F. McLorn -
16 SENATOR SPANO: Lay aside.
17 ACTING PRESIDENT RATH: Lay the
18 bill aside.
19 THE SECRETARY: Calendar Number
20 1481, substituted earlier today, by member -
21 SENATOR SPANO: Lay aside.
22 ACTING PRESIDENT RATH: Lay the
23 bill aside.
10779
1 THE SECRETARY: Calendar Number
2 1488, by Senator Marchi, Senate Print 5429, an
3 act to amend the New York State Urban
4 Development Corporation Act, in relation to the
5 name of the New York State Urban Development
6 Corporation.
7 SENATOR PATERSON: Explanation.
8 ACTING PRESIDENT RATH:
9 Explanation has been requested.
10 SENATOR SPANO: Lay it aside.
11 ACTING PRESIDENT RATH: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 1489, by Senator Marchi, Senate Print 5430, an
15 act to amend the Public Authorities Law, in
16 relation to the indemnification of the members
17 of the boards of directors.
18 ACTING PRESIDENT RATH: Read the
19 last section.
20 SENATOR PATERSON: Explanation.
21 ACTING PRESIDENT RATH:
22 Explanation has been requested.
23 SENATOR SPANO: Lay aside.
10780
1 ACTING PRESIDENT RATH: Lay the
2 bill aside.
3 THE SECRETARY: Calendar Number
4 1490, by Senator Maziarz, Senate Print 5434, an
5 act to amend the State Finance Law, in relation
6 to establishing a Transportation Mobility
7 Revolving Loan Fund.
8 SENATOR PATERSON: Explanation.
9 ACTING PRESIDENT RATH:
10 Explanation has been requested.
11 SENATOR SKELOS: Lay aside
12 temporarily.
13 ACTING PRESIDENT RATH: Lay the
14 bill aside temporarily.
15 THE SECRETARY: Calendar Number
16 1491, by Senator Libous, Senate Print Number
17 5441.
18 SENATOR SKELOS: Lay aside for
19 the day.
20 ACTING PRESIDENT RATH: Lay the
21 bill aside for the day.
22 THE SECRETARY: Calendar Number
23 1492, substituted earlier today, by the Assembly
10781
1 Committee on Rules, Assembly Bill Number 8179,
2 an act to amend the Alcoholic Beverage Control
3 Law and a chapter of the laws of 1995.
4 SENATOR PATERSON: Explanation.
5 ACTING PRESIDENT RATH:
6 Explanation has been requested. Senator Kuhl.
7 SENATOR KUHL: Thank you, Madam
8 President.
9 Earlier this year the -- this
10 chamber passed a bill that allowed for a
11 modification of the Alcoholic Beverage Control
12 Law as it deals with packaging of various
13 products.
14 This bill is an attempt to modify
15 that bill, which was previously passed as I
16 mentioned, and the primary emphasis of this bill
17 is to change the effective date.
18 Conceptually, what we did when we
19 passed the bill, unknowingly was to potentially
20 give out-of-state producers an advantage, and so
21 this chapter amendment which has been already
22 passed by the Assembly attempts to bring the
23 competitors to an equal playing field by
10782
1 allowing it to take effect on December 1st, 1995
2 rather than immediately, so this is an attempt
3 to clean up a previous bill with an oversight
4 that we didn't foresee at that time but which
5 has been brought to our attention by the
6 producers in New York State.
7 It's a very, very pro-New York
8 State producers' bill, and I would suggest that
9 all of our people and all of my colleagues in
10 the chamber support it.
11 ACTING PRESIDENT RATH: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT RATH: Call the
16 roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 45.
19 ACTING PRESIDENT RATH: The
20 bill's passed.
21 SENATOR STAFFORD: Madam
22 President.
23 ACTING PRESIDENT RATH: Recognize
10783
1 Senator Stafford.
2 SENATOR STAFFORD: May we please
3 announce an immediate meeting of the Committee
4 on Finance in Room 332.
5 ACTING PRESIDENT RATH: An
6 immediate meeting of the Committee on Finance in
7 Room 332.
8 SENATOR STAFFORD: Lunch will be
9 served.
10 ACTING PRESIDENT RATH: Senator
11 Stafford advises lunch will be served.
12 SENATOR SKELOS: Madam
13 President.
14 ACTING PRESIDENT RATH: Senator
15 Skelos.
16 SENATOR SKELOS: Would you please
17 call up Senator Maziarz' bill, Calendar Number
18 1490.
19 ACTING PRESIDENT RATH: Clerk
20 will read.
21 THE SECRETARY: Calendar Number
22 1490, by Senator Maziarz, Senate Print 5434, an
23 act to amend the State Finance Law, in relation
10784
1 to establishing a Transportation Mobility
2 Revolving Loan Fund.
3 ACTING PRESIDENT RATH: Read the
4 last section.
5 SENATOR PATERSON: Explanation.
6 ACTING PRESIDENT RATH:
7 Explanation has been requested. Senator
8 Maziarz.
9 SENATOR MAZIARZ: Thank you,
10 Madam President.
11 This legislation establishes a
12 Transportation Mobility Revolving Loan Fund to
13 be utilized principally for advanced technology,
14 no transportation improvement projects, the
15 money to be received from the state and local
16 and private sources. However, Madam President,
17 at this time the $5 million appropriation to the
18 New York State Department of Transportation
19 contained in this bill is a grant from the
20 Federal Highway Administration.
21 This $5 million dollars is all
22 federal money. The federal government has
23 earmarked the money to be used for advanced
10785
1 technology, mobility improvements in
2 international transportation in the Niagara
3 Frontier region of New York State and the
4 Niagara region of Ontario, Canada. The fed's
5 are requiring the state to establish a revolving
6 loan fund to receive and spend the federal
7 appropriation.
8 The goal is to encourage movement
9 in the spirit of North America and the spirit of
10 the North American Free Trade Agreement and to,
11 at the same time, reduce traffic, mitigate air
12 pollution from idling vehicles and reduce energy
13 consumption and cost as well as improve the
14 processing time at the borders.
15 ACTING PRESIDENT RATH: Senator
16 Paterson, why do you rise?
17 SENATOR PATERSON: If Senator
18 Maziarz would yield for a question, I have one.
19 ACTING PRESIDENT RATH: Senator
20 Maziarz yield?
21 SENATOR MAZIARZ: Yes, Madam
22 President.
23 ACTING PRESIDENT RATH: Senator
10786
1 yields.
2 SENATOR PATERSON: Madam
3 President, contrary to this piece of
4 legislation, the Capital District Transportation
5 Authority, Metropolitan Transportation Authority
6 and many others as well, could benefit from this
7 sort of multi-system that will be addressed in
8 this particular legislation.
9 What is your recommendation as to
10 how to bring federal dollars in to assist those
11 needed areas of transportation as well?
12 SENATOR MAZIARZ: Well, first of
13 all, Senator, this 5 million appropriation from
14 the federal government is more than to enhance
15 crossings at international borders. All the
16 ones that you mentioned, Capital District -- I'm
17 sorry. What were the other areas, Senator?
18 SENATOR PATERSON: Capital, New
19 York City, there's several others all around the
20 state.
21 SENATOR MAZIARZ: Yes, but not
22 any of them are at international borders such as
23 the Niagara Frontier where we have four
10787
1 international border crossings. So my
2 recommendation would be for the legislators from
3 those areas to contact their federal
4 representatives and convince them that they have
5 transportation-related problems which I'm sure
6 that they do and attempt to get a revolving loan
7 fund established for those areas.
8 SENATOR PATERSON: On the -- if
9 Senator Maziarz would continue to yield.
10 ACTING PRESIDENT RATH: Senator
11 will continue to yield.
12 SENATOR MAZIARZ: Certainly.
13 SENATOR PATERSON: I notice that
14 the aspect of revolving loan fund is not really
15 addressed or is addressed minimally in this
16 legislation and, of course, this has been a very
17 effective tool in the past for -- for paying
18 back the loans. I was wondering why you didn't
19 look to it as a further criteria to have
20 established in the legislation.
21 ACTING PRESIDENT RATH: Senator
22 Maziarz.
23 SENATOR MAZIARZ: I'm sorry,
10788
1 Senator, I couldn't hear the question.
2 ACTING PRESIDENT RATH: Could you
3 repeat the question, please, Senator Paterson.
4 SENATOR PATERSON: I'm sorry,
5 Madam President. The question related to
6 revolving loan funds which Senator Maziarz just
7 mentioned, and I was just pointing out to him
8 for his perusal the fact that there's really
9 minimal criteria in this legislation that
10 provides for revolving loan funds.
11 SENATOR MAZIARZ: Well, I don't
12 know that I agree with that, Senator. It's a
13 rather comprehensive agreement between the DOT,
14 between the Niagara Frontier Transportation
15 Authority and the city of Niagara Falls, New
16 York, the city of Buffalo, I believe, is listed
17 in there and also the province of Ontario, the
18 city of Niagara Falls, Ontario. I thought it
19 was a rather comprehensive agreement, Senator.
20 ACTING PRESIDENT RATH: Senator
21 Paterson.
22 SENATOR PATERSON: All right,
23 Senator. I'll -- I'll yield on that. I would
10789
1 have to -- I would have to read it over, but
2 certainly it -- if this was within your
3 contemplation when you wrote the bill, I
4 certainly accept it and you did mention it even
5 before I asked you, so I imagine you're
6 absolutely right.
7 My final question, Madam
8 President, if the Senator would continue to
9 yield.
10 SENATOR MAZIARZ: Certainly,
11 Madam President.
12 ACTING PRESIDENT RATH: Senator
13 yields.
14 SENATOR PATERSON: This relates,
15 Senator Maziarz, to the Commissioner of
16 Transportation really being the sole arbiter in
17 deciding who gets the loans. My concern is that
18 this is vesting too much power in one entity.
19 Do you understand the possibility
20 that there may be unfortunately too much
21 authority confined to the Commissioner where it
22 might be better spread around to ensure that the
23 loans go to the -- to those most seeking and
10790
1 most deserving?
2 SENATOR MAZIARZ: Well, Senator,
3 as you know, we have a -- we have a new
4 Commissioner of Transportation who I believe was
5 unanimously confirmed very recently by this
6 body. I have the utmost trust and faith in that
7 Commissioner that he will be fair in allocating
8 these funds throughout the Niagara Frontier and,
9 of course, that Commissioner, as you are well
10 aware, represented a very large portion of the
11 Niagara Frontier, and I'm sure he's very well
12 aware of where the most needy areas are for
13 international border crossing transportation
14 funds.
15 SENATOR PATERSON: Senator, I am
16 not challenging the credentials of the new
17 Commissioner. There's no one in this body who I
18 think was better and, as a matter of fact, he
19 was even better than Senator Skelos, but what
20 I'm saying is that we're talking about a process
21 that we're setting up that will inure to the
22 benefit of this state for a long period of time
23 and the next Commissioner could be -- could be
10791
1 someone like me who should never be allowed to
2 have any authority to a great extent, and so
3 other than that, for the -- for the present, I
4 agree with you.
5 I'm sure this Commissioner will
6 discharge his duties most aptly, particularly
7 since he represented that particular area which
8 both you and he are familiar with, and so on
9 that note, I guess that concludes my questions
10 and have a nice day, Senator.
11 ACTING PRESIDENT RATH: Read the
12 last section.
13 SENATOR MAZIARZ: Thank you very
14 much. You have a nice day too.
15 ACTING PRESIDENT RATH: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT RATH: Call the
20 roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 46.
23 ACTING PRESIDENT RATH: The bill
10792
1 is passed.
2 Senator Skelos.
3 SENATOR SKELOS: Would you call
4 up Calendar Number 1488, by Senator Marchi.
5 ACTING PRESIDENT RATH: Clerk
6 will read.
7 THE SECRETARY: Calendar Number
8 1488, by Senator Marchi, Senate Print 5429, an
9 act to amend the New York State Urban
10 Development Corporation Act.
11 SENATOR PATERSON: Explanation.
12 ACTING PRESIDENT RATH: Senator
13 Marchi.
14 SENATOR MARCHI: Was there a
15 request for an explanation?
16 ACTING PRESIDENT RATH: Is there
17 an explanation requested?
18 SENATOR PATERSON: Yes.
19 ACTING PRESIDENT RATH: Senator
20 Paterson has requested an explanation.
21 SENATOR MARCHI: Well, there is
22 -- this is not an enormous change, but it
23 psychologically and perhaps more appropriately
10793
1 describes what should be the view and the aim of
2 the present Urban Development Corporation in the
3 future.
4 It merely, instead of saying
5 "urban", we say Empire State Development
6 Corporation which is a more encompassing
7 expression describing the entire state of New
8 York and linking it to the concept of economic
9 development. Whether -- whether that will have
10 an electric effect on the people of this state,
11 of the United States and the planet earth, I'm
12 not sure, but I think it has to help some.
13 When we say Empire State Economic
14 Development, it's a very affirmative statement
15 that the entire state is engaged in a very
16 serious and objective way in the subject of
17 economic development and, when we link that to
18 all of the substantive steps that have been
19 taken either by way of inducements, facili
20 tation, relief from the onerous regulations, the
21 whole gamut of objectives that we have struggled
22 so hard during the course of this session to
23 better state the aims and objectives of our
10794
1 efforts to bring about serious economic
2 revitalization, this is part of it, and I would
3 hope that, taken in that spirit, that there will
4 be an enthusiastic rush to say yes.
5 ACTING PRESIDENT RATH: Senator
6 Paterson.
7 SENATOR PATERSON: Would the
8 Senator yield for a brief question?
9 SENATOR MARCHI: Yes, Senator.
10 ACTING PRESIDENT RATH: Senator
11 Marchi, yes.
12 SENATOR PATERSON: Senator, it's
13 just that the UDC, founded in 1968, was really
14 -- the spirit of the legislation was to develop
15 underprivileged areas, urban areas and that kind
16 of thing. In many respects, I would have to
17 vote for this bill because I think changing the
18 name to the Empire State Development Corporation
19 is really more apt, because I feel we're just
20 getting away from the original concept and so in
21 a sense this is actually legislation that I
22 would see as honest, but I don't know if you
23 would, Senator, because you might not feel that
10795
1 we're getting away from that concept, but I just
2 think with all the projects we're developing,
3 many of them tainted with sort of patronage and
4 many of the types of endeavors that I think that
5 UDC has involved itself in, I wonder if changing
6 the name only sanctions the fact that we're
7 moving away from the original intent of the
8 development corporation.
9 SENATOR MARCHI: Well, the
10 narrower definition, Senator, I think, was
11 certainly appropriate and -- and was a fitting
12 start in singling out and identifying a
13 worthwhile objective. That is not lost. The
14 urban experience that the Urban Development
15 Corporation has undergone will serve it in good
16 stead, but I think when you take it up in the
17 larger context, it is at no sacrifice, that
18 narrower objective, indeed it envelops it and
19 sweeps it along with an expanded view of those
20 elements that should go in a feasible dynamic
21 economic development plan.
22 So that far from introducing
23 words that -- words of stricture, words that are
10796
1 defining, it broadens the sweep and it rests on
2 the very acceptable basis, of course, that there
3 has been serious efforts made through the years
4 to further the concept and the objective that
5 was singularly outlined when this -- when the
6 Urban Development Corporation was founded.
7 I -- I couldn't sympathize and
8 relate, join with you and -- in wanting to see
9 that spirit also be strong in the Empire State
10 Development Corporation, to engage in a
11 broadened view of economic development at the
12 same time that the sacrifice or diminution of
13 that one aspect, I think, would be a tragic
14 loss.
15 We don't want that, but I think
16 that since we -- this engine will have all of
17 those elements, the objectives will all be
18 there, none will be sacrificed except that we
19 take an expanded view which can even enrich the
20 very purpose to which the Urban Development
21 Corporation is more narrowly defined in its
22 address to economic development.
23 ACTING PRESIDENT RATH: Senator
10797
1 Paterson.
2 SENATOR PATERSON: Thank you,
3 Senator.
4 ACTING PRESIDENT RATH: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect immediately.
8 ACTING PRESIDENT RATH: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 46.
12 ACTING PRESIDENT RATH: The
13 bill's passed.
14 Senator Kuhl. Senator Kuhl.
15 SENATOR KUHL: Yes. Can you call
16 up Calendar Number 1489, please.
17 ACTING PRESIDENT RATH: 1489.
18 THE SECRETARY: Calendar Number
19 1489, by Senator Marchi, Senate Print 5430, an
20 act to amend the Public Authorities Law, in
21 relation to the indemnification of the members
22 of the boards of directors.
23 SENATOR PATERSON: Explanation.
10798
1 ACTING PRESIDENT RATH:
2 Explanation has been requested. Senator
3 Marchi.
4 SENATOR MARCHI: Madam President,
5 under the existing law, the state does not
6 indemnify the members of the board of directors
7 and officers or the employees of the
8 Environmental Facilities Corporation and the
9 SNMA or these acronyms which are fascinating,
10 Madam President, of the state of New York
11 Mortgage Agency.
12 Why this was not done is obscure
13 even in examining the genesis of both entities.
14 The fact is, Madam President, that under section
15 17 of the Public Officers Law, there are
16 numerous agencies, Local Governmental Assistance
17 Corporation, a GreenWay Heritage Conservancy,
18 the Hudson River Valley and Greenway Council,
19 the Energy Research and Development Authority,
20 the Science and Technology Foundation, the
21 Economic Accommodation Control Corporation,
22 Facilities Development Corporation, and on and
23 on and on and on, and I would like to submit,
10799
1 Madam President, that certainly the important
2 work that they do, it's certainly no great
3 compensation other than the satisfaction of
4 seeing valuable work take place, they should
5 also have that same kind of protection which
6 does not present any diminution of the
7 responsibilities that they carry, no more than
8 it does for every other of all these other
9 agencies which share in the -- in the protection
10 that is exempted to them, but it does -- it does
11 suggest that we are being unfair in this
12 situation and, when you have unfairness, I'm not
13 sure that -- I'm not sure that you always foster
14 the most constructive activity and initiatives
15 in an agency that is -- that is burdened in that
16 fashion.
17 So they shouldn't be treated like
18 chopped liver to use -- to use a -- a phrase
19 that's in common usage, and it would seem to me
20 that their indemnification against financial
21 loss as they conduct their activities taking
22 care of naming people who have survived our
23 scrutiny and confirmation and does -- plays an
10800
1 important role, I think, in enabling them to do
2 their job without -- without undue apprehension,
3 but without sacrificing the care that should
4 attend those efforts that they do make.
5 I see no reason for separating
6 this particular group, these two agencies, from
7 virtually all other agencies where -- that are
8 involved in situations where they may be exposed
9 to circumstances, and in those circumstances in
10 the other agencies enjoy the benefit of
11 indemnification by the state.
12 ACTING PRESIDENT RATH: Senator
13 Paterson.
14 SENATOR PATERSON: Madam
15 President, if Senator Marchi would yield for a
16 question.
17 ACTING PRESIDENT RATH: Senator
18 Marchi, would you yield?
19 SENATOR MARCHI: Yes, Senator.
20 ACTING PRESIDENT RATH: Senator
21 yields.
22 SENATOR PATERSON: Senator, your
23 answer was not only constructive, but it answers
10801
1 the concern that I was going to raise with you
2 relating to what other entities would be
3 affected by this legislation. What I think I'm
4 going to ask you now is -- now I'm not sure
5 which of the public entities are providing
6 indemnification of the board of directors and
7 which aren't.
8 You think it might be better just
9 to have a standard rule for the public
10 authorities and also utilities and any other
11 public entities that we would just establish
12 once, rather than doing it in a sense piece by
13 piece?
14 SENATOR MARCHI: I agree with
15 you. I agree with you. This is the bill I had
16 before me. It's a program bill, and I'd be very
17 happy to share with you -- to join with you in
18 joint sponsorship of such a measure because it
19 does have a certain coherence in our logic, I
20 think, which should characterize our approach to
21 the entire question.
22 However, we do have this, and I
23 would suggest that we move on it and perhaps we
10802
1 can join in joint sponsorship of legislation
2 that perhaps does it so that we don't have to
3 get up from time to time on these matters if, in
4 fact, they have a common thread inviting this
5 action, and there's no reason.
6 I don't understand how -- why it
7 should take this long to have it come up.
8 ACTING PRESIDENT RATH: Senator
9 Paterson.
10 SENATOR PATERSON: Thank you,
11 Senator, and rest assured we are going to move
12 on this legislation. It's very good. It's just
13 that I think we're arriving at a joint concept
14 as to how we might be able to do it better.
15 Just one final question. Is
16 there any current case that's being affected by
17 this passage of legislation or does this just
18 relate to future indemnifications of boards of
19 directors and officers?
20 ACTING PRESIDENT RATH: Senator
21 Marchi.
22 SENATOR MARCHI: You're asking me
23 for my view of the effect of this legislation,
10803
1 whether it acts prospectively on future actions
2 or whether it -
3 SENATOR PATERSON: In other
4 words -
5 SENATOR MARCHI: No, I know what
6 you're saying, and I think you're entitled to an
7 answer. I am unable to answer that question to
8 either your or my satisfaction, but I will get
9 that information to you, Senator.
10 SENATOR PATERSON: Thank you,
11 Madam President, for Senator Marchi's response
12 and we look forward to possibly co-sponsoring
13 some legislation that would -- that would
14 address this issue in toto. It's a good piece
15 of legislation, and perhaps we can expand it.
16 Thank you.
17 ACTING PRESIDENT RATH: Thank
18 you, Senator Paterson.
19 SENATOR MARCHI: Good bill, Mr.
20 President, and now that Senator Paterson has
21 pointed the way, we may even make it better.
22 ACTING PRESIDENT RATH: Thank
23 you, Senator Marchi.
10804
1 The clerk will read the last
2 section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT RATH: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 46.
9 ACTING PRESIDENT RATH: The bill
10 is passed.
11 Senator Kuhl.
12 SENATOR KUHL: Yes, Madam
13 President. Calendar Number 1481 was laid
14 aside. Can we lay that bill aside for the day.
15 ACTING PRESIDENT RATH: 1481, lay
16 it aside for the day.
17 SENATOR KUHL: Yes. Now, may we
18 return to motions and resolutions, and I believe
19 that there is a resolution, privileged
20 resolution by Senator Bruno, Resolution Number
21 1738, at the desk.
22 ACTING PRESIDENT RATH: Yes,
23 there is.
10805
1 SENATOR KUHL: I'd like to have
2 that resolution read in its entirety, and then
3 I'd move for its adoption.
4 ACTING PRESIDENT RATH: To be
5 read in its entirety. Secretary will read.
6 THE SECRETARY: By Senator Bruno,
7 Legislative Resolution commending CAPTAIN of
8 Saratoga County, memorializing in turn Governor
9 George E. Pataki to declare Friday, November
10 3rd, 1995 as a day specifically recognizing the
11 issue of youth homelessness.
12 WHEREAS, it is the sense of this
13 legislative body that those who give positive
14 definition to the profile and disposition of the
15 communities of the state of New York do so
16 profoundly strengthen our shared commitment to
17 the exercise of freedom; and
18 WHEREAS, attendant to such
19 concern and fully in accord with its long
20 standing traditions, it is the intent of this
21 legislative body to commend CAPTAIN of Saratoga
22 County, memorializing in turn Governor George E.
23 Pataki to declare Friday, November 3, 1995 as a
10806
1 day specifically recognizing the issue of youth
2 homelessness; and
3 WHEREAS CAPTAIN, Community Action
4 for Parents, Teens and Interested Neighbors, is
5 a non-profit grass roots community action agency
6 that serves as an advocate for the changing
7 needs of youth and families in Saratoga County;
8 Since 1977 CAPTAIN has taken the
9 leadership role in addressing serious social
10 issues such as drug and alcohol abuse and youth
11 homelessness; and
12 WHEREAS, in 1986, a group of
13 concerned citizens formed the Citizens Committee
14 for a Youth Shelter; the Citizens Committee
15 comprised of various community leaders and youth
16 advocates, accomplished a number of goals over
17 the years, establishing an annual fund raiser,
18 drawing preliminary building plans, receiving an
19 offer for a donated site as well as offers from
20 several local contractors, volunteering their
21 services to build the shelter. During the
22 committee's reign, CAPTAIN was a strong sup
23 porter of a shelter and assisted in fund-raising
10807
1 efforts; and
2 WHEREAS, in August 1994, CAPTAIN
3 officially assumed responsibility for the youth
4 shelter. CAPTAIN's reputation in addressing
5 critical social issues, as well as our good
6 standing in the community and full-time
7 professional staff allowed us to take this
8 project to the next level. Presently CAPTAIN is
9 working with the Saratoga County Youth Bureau to
10 develop a needs assessment. Once the needs
11 assessment is complete, CAPTAIN can pursue
12 obtaining a license for the facility, and
13 WHEREAS, CAPTAIN is in the
14 process of developing an awareness campaign on
15 the issue of youth homelessness in Saratoga
16 County, the date that is set aside is November
17 3rd, 1995 and
18 WHEREAS, through its long and
19 sustained commitment to the preservation and
20 enhancement of human dignity, CAPTAIN has so
21 demonstrably advanced that spirit of united
22 purpose and shared concern which is the unalter
23 able manifestation of our American experience,.
10808
1 NOW, THEREFORE, BE IT RESOLVED
2 that this legislative body pause in its
3 deliberations and commend CAPTAIN of Saratoga
4 County, memorializing in turn Governor George E.
5 Pataki to declare Friday, November 3rd, 1995, as
6 a day specifically recognizing the issue of
7 youth homelessness fully confident that such
8 procedure mirrors our shared commitment to the
9 efflorescence of human dignity; and
10 BE IT FURTHER RESOLVED that a
11 copy of this resolution, suitably engrossed, be
12 transmitted to Eileen Reardon, Director of
13 Development, Community Action for Parents, Teens
14 and Interested Neighbors.
15 ACTING PRESIDENT RATH: The
16 question is on the resolution. All in favor
17 signify by saying aye.
18 (Response of "Aye.")
19 Opposed?
20 (There was no response. )
21 The resolution is adopted.
22 Senator Kuhl.
23 SENATOR KUHL: Yes, Madam
10809
1 President. Would you recognize Senator Maziarz,
2 please.
3 ACTING PRESIDENT RATH: Senator
4 Maziarz.
5 SENATOR MAZIARZ: Madam
6 President, I'd ask unanimous consent to be
7 recorded in the negative on Calendar Number 765,
8 please.
9 ACTING PRESIDENT RATH: Without
10 objection.
11 Senator Kuhl.
12 SENATOR KUHL: Again, Madam
13 President, may we stay on motions and
14 resolutions. I understand that there's a
15 privileged resolution by Senator Bruno, it's
16 Resolution Number 1755, at the desk. I'd ask
17 the Secretary to read the resolution in its
18 entirety and then, after that, I would move its
19 adoption.
20 ACTING PRESIDENT RATH: Secretary
21 will please read 1755 in its entirety.
22 THE SECRETARY: By Senator Bruno,
23 Legislative Resolution honoring Juanita "Terry"
10810
1 Lochner, New York State Department President,
2 American Legion Auxiliary, upon the occasion of
3 her selection for special recognition at a
4 Welcome Home Week End to be held on June 17,
5 1995.
6 WHEREAS, it is the sense of this
7 assembled body to commend those singular
8 individuals of the state of New York who have
9 distinguished themselves through outstanding
10 personal endeavor, meritorious duty and
11 dedicated service to their country and
12 community; and
13 WHEREAS, Terry Lochner, a member
14 of Gerald O'Neil Post 1683 of Rensselaer, New
15 York, and one of the first Vietnam era American
16 Legion Auxiliary Department Presidents, will be
17 justly honored in recognition of her diligent
18 efforts and faithful service at a Welcome Home
19 Week End to be held on June 17, 1995 at the
20 Ramada Inn, Albany, New York; and
21 WHEREAS, instrumental in
22 implementing the Department's special touches
23 project, Terry Lochner has traveled throughout
10811
1 the state and nation visiting 13 Veterans
2 Administration hospitals to ensure the
3 availability of items such as TVs, VCRs, pianos,
4 semi-recumbent bikes for therapy and exercise,
5 and other necessary items of comfort and
6 convenience normally in short supply under
7 federal budget restrictions; and
8 WHEREAS, a resident of
9 Rensselaer, New York and the second oldest of a
10 family of ten, Terry Lochner has devoted her
11 time, energies and purposeful life to serving
12 others. In addition to her devotion to helping
13 hospitalized veterans, she has served the
14 American Legion and the auxiliary through her
15 dedicated work on the Americanism and Flag
16 Amendment Committees and has acted as House
17 Mother for youth participating in Girls' State;
18 and
19 WHEREAS the quality and character
20 of life in this nation and the great state of
21 New York is reflective of the purposeful lives
22 and good works of those patriotic and civil
23 minded community members who would dedicate
10812
1 their lives and careers to the service of
2 others; and.
3 WHEREAS, those individuals who
4 have given so selflessly of their skills and
5 dedication are worthy and due full recognition
6 for their valued contributions on behalf of
7 their country, its ideals and the community of
8 fellow men;
9 NOW, THEREFORE, BE IT RESOLVED
10 that this legislative body pause in its
11 deliberations to honor Juanita "Terry" Lochner,
12 New York State Department President, American
13 Legion Auxiliary and member of the Gerald O'Neil
14 Post 1683 of Rensselaer, New York, upon the
15 occasion of her selection for special
16 recognition at a Welcome Home Week End to be
17 celebrated at the Ramada Inn, Albany, New York,
18 on June 17, 1995 recognizing the significance of
19 her contributions and the importance of her
20 commitment to the American Legion, her fellow
21 veterans and the citizens of this great state
22 and nation; and
23 BE IT FURTHER RESOLVED that a
10813
1 copy of this resolution, suitably engrossed, be
2 transmitted to Juanita "Terry" Lochner,
3 Rensselaer, New York.
4 ACTING PRESIDENT RATH: The
5 question is on the resolution. Senator Kuhl.
6 SENATOR KUHL: Yeah, Madam
7 President, I didn't hear that. Could we have
8 the Secretary read that again, please?
9 ACTING PRESIDENT RATH: Which
10 part didn't you hear?
11 SENATOR KUHL: I'm just kidding.
12 I would move the resolution.
13 ACTING PRESIDENT RATH: Question
14 is on the resolution. All those in favor
15 signify by saying aye.
16 (Response of "Aye.")
17 Opposed?
18 (There was no response. )
19 The resolution is passed.
20 Senator Kuhl.
21 SENATOR KUHL: Yes, Madam
22 President, could we just stand at ease for a
23 moment awaiting the report of the Senate Finance
10814
1 Committee.
2 ACTING PRESIDENT RATH: Senate
3 shall stand at ease.
4 (Whereupon at 11:25 a.m., the
5 Senate stood at ease until 11:33 a.m.)
6 SENATOR SKELOS: Madam
7 President.
8 ACTING PRESIDENT RATH: Senator
9 Skelos.
10 SENATOR SKELOS: If we could
11 return to reports of standing committees, I
12 believe there's a report from the Finance
13 Committee.
14 ACTING PRESIDENT RATH: Report
15 from the Finance Committee.
16 THE SECRETARY: Yes.
17 ACTING PRESIDENT RATH: Secretary
18 shall read.
19 THE SECRETARY: Senator Stafford,
20 from the Committee on Finance, reports the
21 following confirmation: Edward F. Cox, of New
22 York City, member of the Board of Trustees of
23 the State University of New York.
10815
1 SENATOR SKELOS: Madam
2 President.
3 ACTING PRESIDENT RATH: Senator
4 Skelos.
5 SENATOR SKELOS: As we do the
6 confirmations, can we please have a little order
7 in the chamber, please.
8 ACTING PRESIDENT RATH: Some
9 order has been requested.
10 SENATOR SKELOS: Would you please
11 recognize Senator LaValle.
12 ACTING PRESIDENT RATH: Senator
13 LaValle.
14 SENATOR LAVALLE: Thank you, Mr.
15 President.
16 If I might be allowed the liberty
17 just to make just a general statement before
18 talking about the nominee, Edward F. Cox, the
19 Governor has appointed five trustees as his
20 first nominees to the SUNY Board of Trustees at
21 a very, very important and challenging juncture
22 in the history of the State University.
23 I, as chairman and members of the
10816
1 committee, both Majority and Minority members,
2 had an opportunity to spend time with the
3 trustees to really get to know them, to exchange
4 views as people who are involved in public
5 service and who care about our great State
6 University. I am very, very confident that all
7 of the five trustees will bring, as the
8 committee members have seen, a great sense of
9 exitement, a great sense of duty, and their
10 talents -- their talents are immense, and those
11 talents and the energy and their own individual
12 and collective visions will, at this very
13 important time, get the State University of New
14 York moving in the right direction.
15 Today it is a great privilege for
16 me to move the nomination of Ed Cox, who is from
17 the 1st Senatorial District, who, if you look at
18 his vita, would -- is very, very impressive.
19 He's not only an attorney but a person who has
20 committed himself to both national and
21 international organizations. His commitment for
22 public service is preeminent. He brings the
23 energy that I talked about, a very, very sharp
10817
1 and keen intellect with wonderful analytical
2 skills which I think is something that will be
3 very, very valued in the process that the
4 trustees will be going through in looking at
5 budgets and trying to make important policy
6 decisions at this -- at this juncture.
7 It is wonderful to know that a
8 person like Ed Cox is willing to give of himself
9 in this very, very important endeavor. He was
10 raised in Eastern Long Island, and so I am very
11 proud, as I have said, and privileged to move
12 the nomination.
13 Ed Cox is joined here today with
14 his wife, Patricia Nixon Cox, and his son
15 Christopher.
16 Madam President, I move the
17 nomination.
18 ACTING PRESIDENT RATH: The
19 question is on the confirmation of Edward F. Cox
20 as a member of the SUNY Board of Trustees. All
21 those in favor, signify by saying aye.
22 (Response of "Aye.")
23 Opposed?
10818
1 (There was no response. )
2 Edward F. Cox is hereby confirmed
3 as a member of the SUNY Board of Trustees.
4 Congratulations, Mr. Cox. Welcome. We're very
5 happy to have you serve.
6 (Applause)
7 Secretary shall read.
8 THE SECRETARY: Senator Stafford,
9 from the Committee on Finance, reports the
10 following nomination: Candace deRussy, of
11 Bronxville, member of the Board of Trustees of
12 the State University of New York.
13 ACTING PRESIDENT RATH: Senator
14 Spano.
15 SENATOR SPANO: Mr. President,
16 thank you. It's my pleasure to move the
17 nomination of Candace deRussy, who is a West
18 chester resident and someone who has had an
19 outstanding career as an academic, as someone
20 who has served as a trustee of the Westchester
21 Community College, is very well educated, holds
22 a doctorate, has been a member of many different
23 organizations in Westchester County, has served
10819
1 us well, and will serve the Governor well, and
2 all of us, as a member of the Board of Trustees
3 of the State University.
4 So it's my pleasure, Mr.
5 President -- Madam President, to -- to move the
6 nomination of Candace deRussy.
7 ACTING PRESIDENT RATH: The
8 question is on the confirmation of Candace
9 deRussy as a member of the SUNY Board of
10 Trustees. All those in favor signify by saying
11 aye.
12 (Response of "Aye.")
13 Opposed?
14 (There was no response. )
15 Candace deRussy is hereby
16 confirmed as a member of the SUNY Board of
17 Trustees. Congratulations, and welcome.
18 The Secretary will read.
19 THE SECRETARY: Senator Stafford,
20 from the Committee on Finance, reports the
21 following nomination: Thomas F. Egan, of Rye,
22 member of the Board of Trustees of the State
23 University of New York.
10820
1 ACTING PRESIDENT RATH: Senator
2 Spano.
3 SENATOR SPANO: Thank you, Madam
4 President. It's also my pleasure to stand in
5 support of the nominee, Tom Egan, to serve as a
6 member of the Board of Trustees of the State
7 University.
8 I've known Tom Egan for a number
9 of years. He has served as a board member of
10 the MTA, where he chaired several committees and
11 subcommittees, has served as a former trustee of
12 Marymount College in Westchester County, is
13 another outstanding Westchester County resident,
14 has a distinguished career in business and will
15 serve us all well, and it's my pleasure to move
16 the nomination of Tom Egan as a member of the
17 Board of Trustees of the State University.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Lavalle.
20 SENATOR LAVALLE: Mr. President,
21 I also rise and move to second the nomination of
22 Thomas Egan, who is the vice-chairman designee,
23 a very, very important position in the govern
10821
1 ance structure of the board and we have had -
2 Mr. Egan and I have had several opportunities to
3 talk about his feelings, about the State
4 University, his vision for the State University,
5 but once again and I hate to sound repetitive,
6 but you have had the opportunity to look at the
7 backgrounds of the individuals who we are
8 confirming today. They are very, very
9 substantial.
10 Mr. Egan's background is as an
11 attorney, as a person who is involved in many
12 boards and has been involved in higher education
13 and, as Senator Spano said, on the MTA. I am
14 very, very confident that he will provide the
15 kind of leadership, and he has already because
16 the almost instant bonding and coming together
17 of these five trustees whom we are confirming
18 today is due because of his leadership in
19 bringing people together, getting them focused
20 and I'm sure that it's just the beginning. So
21 it's a pleasure to rise with Senator Spano in
22 moving the nomination, Mr. President.
23 SENATOR MARCELLINO: Thank you,
10822
1 Senator LaValle.
2 Senator Stachowski.
3 SENATOR STACHOWSKI: Mr.
4 President, I, too, would like to second the
5 nomination of Thomas Egan. His background,
6 obviously, is very impressive. The fact that he
7 is from Westchester notwithstanding couldn't
8 hold him back from his college education which
9 happened to be at Holy Cross. He entered Holy
10 Cross in 1967, with many other illustrious
11 people who graduated from there, and I think
12 that his experience there will be nothing but an
13 asset in helping him to make decisions in
14 helping SUNY university get to the point that we
15 want to get it to; and so it's my pleasure also
16 to join in the seconding of his nomination.
17 ACTING PRESIDENT MARCELLINO: The
18 question is on the confirmation of Thomas F.
19 Egan as a member of the SUNY Board of Trustees.
20 All in favor, signify by saying
21 aye.
22 (Response of "Aye.")
23 Opposed, nay.
10823
1 (There was no response.)
2 Thomas F. Egan is hereby
3 confirmed as a member of the SUNY Board of
4 Trustees.
5 Congratulations.
6 (Applause.)
7 Secretary will read.
8 THE SECRETARY: Senator Stafford,
9 from the Committee on Finance, reports the
10 following nomination:
11 Pamela R. Jacobs of Buffalo,
12 member of the Board of Trustees of the State
13 University of New York.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Rath, why do you rise?
16 SENATOR RATH: Mr. President, I
17 rise to support the nomination of Pam Jacobs as
18 a trustee of the SUNY Board of Trustees.
19 I rise with a great deal of pride
20 in a friend from back home, the other end of the
21 state, and to not only congratulate the other
22 trustees, as I have come to know them the last
23 couple of days, but to say a word about Pam, who
10824
1 is eminently qualified by virtue of her
2 educational background, her community service
3 that appears on her vitae as a Who's Who of
4 Western New York all by herself, as director,
5 vice-president, chairman, of all the
6 influential, hard-working boards throughout our
7 community.
8 But beyond that, Pam brings to
9 this position an enthusiasm and a dedication
10 that will help bond and weld together the
11 various interests that all of the new trustees
12 have with the one interest that they all have in
13 common, and that is, that SUNY moves forward as
14 we know it can with the business community, with
15 the young people of the State of New York in
16 concert with the state government under the
17 leadership of Senator Ken LaValle.
18 We look forward to a wonderful
19 number of years with you all.
20 Congratulations, and Pam in
21 particular.
22 Thank you.
23 ACTING PRESIDENT MARCELLINO:
10825
1 Senator Stachowski.
2 SENATOR STACHOWSKI: Mr.
3 President, I would rise to second the nomination
4 of Pam Jacobs. I think that her background is
5 quite impressive. I think that her dedication
6 to various public institutions and the energy
7 she brings to them has been very widely known in
8 the Buffalo area. I think that she will do
9 nothing but add to the SUNY Board in working
10 together with Senator LaValle and the rest of
11 the people interested in shaping SUNY. I think
12 she'll be a positive asset and one that we'll
13 all be proud of, and with that, I was happy to
14 have this opportunity to second.
15 ACTING PRESIDENT MARCELLINO:
16 Thank you, Senator.
17 Senator Volker.
18 SENATOR VOLKER: Mr. President,
19 I, too, want to compliment the Governor, and I
20 have over the last few days. In fact, I think
21 three of the five nominees I have previously
22 known before yesterday's meeting with them, and
23 I must say that I think they probably represent,
10826
1 as I think has already been said, the strongest
2 group of nominees that certainly I have ever
3 seen since I have been in this Capitol.
4 Of course, I would especially
5 like to give my seconding to Pamela Jacobs. I
6 have known Pam for many years. She's a personal
7 friend. I think she's probably not only one of
8 the most qualified people to be nominated to the
9 SUNY position, but also one of the prime movers
10 in the Buffalo area, as Mary Lou has mentioned
11 and as Bill Stachowski has mentioned.
12 I really got to know Pam Jacobs
13 through the Roswell Park Memorial Institute of
14 which she was a founding member of a group of
15 people, the Roswell Park Alliance, that is most
16 responsible for redirecting the Roswell Hospital
17 of Buffalo and, as a result of actions taken
18 here in this Capitol, the Legislature and the
19 Governor have agreed to a massive expansion of
20 the Roswell Park Memorial Institute, which I
21 think will catapult that institution into the
22 21st century as maybe the outstanding cancer
23 hospital in the country.
10827
1 Pam, as I say, was not only a
2 founding member of the Roswell Alliance but, in
3 my opinion, the driving force behind that
4 alliance's work which led to the improvements of
5 the hospital.
6 In addition to that, of course,
7 she has wide experience in teaching and so many
8 other areas. I must say, that aside from being
9 a personal friend, that the people of the
10 Buffalo area, I think, look at Pam Jacobs as one
11 of the most respected people in the Western New
12 York. Her husband, Dr. Larry Jacobs, is one of
13 the most renowned researchers in multiple
14 sclerosis and, in fact, has just recently
15 embarked on a new project that involves
16 hospitals all across the state.
17 I can only say, again, my
18 congratulations to the Governor for having
19 presented not only Pam, who is an excellent
20 nominee, but all the nominees, I think, who
21 represent the best and the brightest as far as
22 the state is concerned and as far as the SUNY
23 Board of Trustees; but I, of course, especially
10828
1 want to say my thanks to the Governor for giving
2 us Pam, and I know that she'll make one of the
3 best SUNY trustees that we've ever had.
4 ACTING PRESIDENT MARCELLINO: The
5 question is on the confirmation of Pamela R.
6 Jacobs as a member of the SUNY Board of
7 Trustees.
8 All those in favor, signify by
9 saying aye.
10 (Response of "Aye.")
11 Opposed, nay.
12 (There was no response.)
13 Pamela R. Jacobs is hereby
14 confirmed as a member of the SUNY Board of
15 Trustees.
16 Congratulations.
17 (Applause.)
18 Secretary will read.
19 THE SECRETARY: Senator Stafford,
20 from the Committee on Finance, reports the
21 following nomination:
22 Edward S. Nelson, Esq., of
23 Norwich, Member of the Board of Trustees of the
10829
1 State University of New York.
2 SENATOR SEWARD: Mr. President.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Seward.
5 SENATOR SEWARD: Yes.
6 Mr. President, I'm very pleased
7 and honored today to rise to move the
8 confirmation of Edward S. Nelson to be a member
9 of the SUNY Board of Trustees.
10 Ed Nelson is from Norwich in
11 Chenango County, is born in Norwich, has stayed
12 in Norwich and has become a real pillar of that
13 community as well as the entire Central New York
14 Region.
15 Ed Nelson graduated from Norwich
16 High School, Colgate University, as well Cornell
17 Law School, and he has been in private practice
18 in the Norwich area since 1957 and, in that
19 capacity, he truly has had a distinguished
20 career.
21 He is a former city judge of
22 Norwich. He is a member of the Committee on
23 Professional Standards for the Third Department,
10830
1 and he is active in numerous community
2 activities in that area. Not much good happens
3 in our region of New York State without Ed
4 Nelson's involvement in some way.
5 I would also like to point out
6 that among his other titles and accomplishments,
7 he is also the father-in-law of Assemblyman John
8 Ravitz.
9 As has been noted, the SUNY
10 system as a whole is facing some very
11 challenging times, and there are many challenges
12 ahead for the SUNY system as we restructure,
13 dealing with the fiscal constraints that we all
14 must deal with at this time, but I'm fully
15 confident that Ed Nelson has the solid
16 background as well as a vision for the future to
17 make a tremendous contribution to this state as
18 a member of the Board of Trustees of SUNY.
19 As we went through the meetings
20 this morning at the Higher Education Committee,
21 Ed Nelson mentioned as his top priority, as
22 having the SUNY system be a system -
23 SENATOR MARCELLINO: Senator
10831
1 Seward, excuse me.
2 Ladies and gentlemen, can we have
3 a little order in the house. It's very
4 difficult to hear.
5 Thank you very much.
6 SENATOR SEWARD: Mr. President,
7 as we went through the Higher Education
8 Committee meeting this morning, Ed Nelson
9 mentioned as his top priority as having the SUNY
10 system to be one with emphasis on excellence.
11 With that thought in mind, Mr.
12 President, I would like to congratulate the
13 Governor for this outstanding nomination of
14 Edward S. Nelson, as well as the other four
15 nominees to be trustees of the SUNY system. I
16 think that the SUNY system under their
17 stewardship will emerge stronger than ever and
18 in making an even more meaningful contribution
19 to the future of this state.
20 Mr. President, I'm pleased to
21 move the nomination of Edward S. Nelson.
22 ACTING PRESIDENT MARCELLINO:
23 Thank you, Senator Seward.
10832
1 Senator Cook.
2 SENATOR COOK: Mr. President, I
3 also wish to endorse the nomination of Ed Nelson
4 and the confirmation of Ed Nelson. Even though
5 we aren't personal friends, he certainly is
6 somebody I know from reputation. By Upstate
7 standards, he is a neighbor even though that is
8 several miles away.
9 But certainly, as Senator Seward
10 has indicated, his leadership in the community
11 is exemplary. Certainly, he brings that same
12 quality to the trustees.
13 I am particularly pleased because
14 I know that he knows the importance of the
15 agricultural and technical colleges within the
16 SUNY system, and I'm sure -- I certainly hope
17 that the other trustees recognize this, as
18 well.
19 We are entering, in fact, an era
20 when the role of the various institutions may
21 well be reevaluated, and I hope that all these
22 trustees will understand that the ag' and tech'
23 colleges have provided a unique role within the
10833
1 SUNY system and that, indeed, they need to be
2 strengthened and supported through the years.
3 I know that Ed Nelson, for one,
4 and probably the others as well, recognizes that
5 as well and, therefore, I am very enthusiastic
6 about endorsing his nomination and moving that
7 the Senate confirm him.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Maltese.
10 SENATOR MALTESE: Mr. President,
11 I would be remiss if I did not rise to endorse
12 and second the nomination not only of Ed Nelson
13 but of all five nominees.
14 This is the eve of a new era.
15 Senator Cook, the distinguished chairman of the
16 Education Committee, and Senator LaValle, the
17 distinguished chairman of the Higher Education
18 Committee, have both been heard from today with
19 reference to these nominees; but, most
20 certainly, Governor Pataki has been heard from
21 in the nomination of these distinguished
22 personages who are going to take a leading role
23 in the higher education of our youth.
10834
1 Certainly our education system,
2 while it is among the best in the country, is in
3 need of assistance and, in this case, these
4 nominees will provide a very able assistance
5 and, more importantly, leadership.
6 They will have a difficult task
7 ahead of them, and in the brief conversations
8 that we had and the more extensive conversations
9 and discussions that they have had among
10 themselves and with experts here in the state
11 and representatives of the Governor and the
12 Legislature, they've indicated very definitely
13 that they plan to give of themselves, their
14 time, their efforts and experience to improve
15 and refine our education system here in New
16 York.
17 This will redound to the benefit
18 of not only our youth but all the people of our
19 state and our country. New York can again be
20 the paramount state; New York can again be the
21 Empire State in higher education, and we are
22 here to witness that, and this, of course, is a
23 very significant step with the appointment of
10835
1 these fine people.
2 I am very proud to second the
3 nomination of Mr. Nelson and all the five
4 distinguished trustees.
5 ACTING PRESIDENT MARCELLINO:
6 Thank you, Senator.
7 Senator Stavisky.
8 SENATOR STAVISKY: Mr. President,
9 I believe Senator Wright wished to speak on this
10 nomination. Am I correct?
11 Then I would like to defer until
12 all who wish to speak on this nomination have
13 completed, and then I will ask for the floor.
14 ACTING PRESIDENT MARCELLINO: As
15 you wish, sir.
16 Senator Wright.
17 SENATOR WRIGHT: Thank you,
18 Senator Stavisky.
19 Mr. President, I rise to second
20 the nomination not only of Ed Nelson but all
21 five of the nominations to the SUNY Board of
22 Trustees.
23 I rise in support of these
10836
1 nominations, first, to congratulate the Governor
2 on the caliber of individual that he has sent us
3 to serve on the Board of Trustees, but also to
4 reiterate the importance of the challenges that
5 all five of these individuals and their
6 colleagues are going to be facing.
7 The SUNY system is at a critical
8 crossroads in terms of the future of the State
9 University in this state. I happen to represent
10 a district that is home to four of those SUNY
11 units, and we're very proud of what they provide
12 not only to the residents and students of this
13 state but also the importance that they serve to
14 our local economies and, as my colleague,
15 Senator Cook, has pointed out, it's extremely
16 important that there is a recognition of the
17 role of the ag' and technical schools within the
18 SUNY system.
19 As we have been through this
20 budget discussion over the past five months,
21 SUNY has been a critical aspect of that debate
22 and, fortunately, through the good leadership of
23 Senator LaValle and the members of the Higher
10837
1 Education Committee, we have come through that
2 budget process with, I believe, reasonable
3 compromises and consensus that will help move
4 the SUNY system along.
5 At the same time, we found out a
6 number of very real concerns in dealing with the
7 administration of the State University system,
8 very real concerns that I have with regards to
9 what I believe are an institutional bias against
10 the ag' and tech' institutions, a heavily
11 emphasized placement on the university centers
12 in disproportionate emphasis to the balance of
13 that State University system throughout the
14 entire system, a recognition that we have to
15 support the various components of the State
16 University system as they relate to the local
17 economy and the educational opportunities for
18 many of our rural students in rural areas of
19 this state.
20 All of those challenges, in
21 addition to the broader systemwide and fiscal
22 resource challenges, are part of what these new
23 trustees are going to face.
10838
1 I, for one, as a member of this
2 Senate look forward to working with those
3 individuals, look forward to establishing a new
4 and enriched dialogue between the Legislature
5 and the SUNY Board of Trustees so that we can
6 achieve our mutual objectives of providing an
7 excellent educational opportunity to the
8 residents of this state.
9 So it's with a great deal of
10 pleasure that I stand this morning to support
11 and endorse the five nominees and congratulate
12 each of them, as well as the Governor, on their
13 selection.
14 Thank you, Mr. President.
15 ACTING PRESIDENT MARCELLINO:
16 Thank you, Senator.
17 Senator Stavisky. I'm sorry.
18 Senator Leibell.
19 SENATOR LEIBELL: Thank you.
20 Mr. President, if I can, briefly,
21 also lend my support to these very excellent
22 appointments that have been made today, and if I
23 can briefly comment in particular on the
10839
1 designation of Ed Cox. I was out of the chamber
2 previously -- or earlier, when his name first
3 came up.
4 I have had the opportunity to
5 know Ed Cox for some time now and, as I look at
6 his resume which has been put before us, I have
7 to tell you that I'm particularly impressed that
8 we have a man with such a background, such
9 intelligence, such fine character, who has come
10 forward and offered his services to the people
11 of the state of New York.
12 I think it's a great omen for the
13 future that we are able to attract individuals
14 of such caliber to public service. With that in
15 mind, I would like to support these designations
16 and, in particular, to note my comments on
17 Edward Cox.
18 Thank you, Mr. President.
19 ACTING PRESIDENT MARCELLINO:
20 Thank you, Senator.
21 Senator Mendez.
22 SENATOR MENDEZ: Thank you, Mr.
23 President.
10840
1 Mr. President, I just rise in
2 support of the five nominees. I am excited
3 about their qualifications for that position.
4 I really must congratulate
5 Governor Pataki as well as our colleague,
6 Senator LaValle, for an excellent job that he
7 does as the chairperson of the Higher Education
8 Committee and his total involvement with
9 anything that has to do with higher education.
10 I just felt -- I feel it's very
11 important to let these wonderful, bright,
12 dedicated educators think about one important
13 public policy which is very necessary to be
14 looked upon. The State University of New York
15 has been increasingly becoming the State
16 University for people who are -- for more
17 affluent people. In a sense, the children of
18 the working poor are being driven out of the
19 university because of the continuous increase in
20 tuition that is demanded.
21 Yes, the university is still a
22 cheap place for the kind of education that it
23 provides; however, for people who do not have
10841
1 the money, then it's unavailable. So that I
2 hope that these five nominees will deal with the
3 policy question of instituting -- instituting a
4 scale in terms of tuition so that it will
5 provide more opportunities for those who do not
6 have and that are highly qualified to benefit
7 from the kind of institutions that we have in
8 all the colleges in the State University of New
9 York.
10 Thank you, Mr. President.
11 ACTING PRESIDENT MARCELLINO:
12 Thank you, Senator Mendez.
13 Senator Stavisky, the cleanup
14 hitter.
15 SENATOR STAVISKY: I waited until
16 the very end so that the statements in support
17 of the nominees for Trustee to the State
18 University of New York could all be made, and I
19 rise not in opposition. I rise to express a
20 caveat that we must be aware of as we vote on
21 this list of recommendations from the Governor.
22 They are all exceptionally well
23 qualified in their respective fields. They all
10842
1 bring great professional and business
2 credentials. Some have exceptional educational
3 credentials, and I think that that is fine.
4 But as I reviewed the list, the
5 list of five names from the Governor, I was
6 impressed by the fact that virtually none -- I
7 think, with one exception -- virtually none of
8 the nominees has had an association with public
9 higher education, institutions such as SUNY or
10 CUNY which are part of the heritage of New York
11 State and which provide educational
12 opportunities for those who are not necessarily
13 affluent and, therefore, might not have another
14 chance for an education.
15 There are members of the
16 Legislature in this house and in the Assembly
17 who would not be here were it not for the
18 availability of SUNY and CUNY, including this
19 legislator, and I have had the benefit of
20 receiving an education at part of the City
21 University of New York before it was known by
22 that name. It was called City College of New
23 York, which regularly produced more candidates
10843
1 for a Ph.D. at Harvard than from any other
2 college in the country. I have also been the
3 beneficiary of an education at Columbia
4 University, where I received my Master's degree
5 and Doctor of Philosophy degree.
6 I walked both sides of the street
7 with regard to academic affiliations, both in
8 the public sector at SUNY as well as CUNY, and
9 in the private sector including Colgate
10 University, which is the alma mater of one of
11 the candidates.
12 These are exceptional candidates,
13 but it would have been even more exceptional and
14 more valuable if some if not all of the
15 candidates had some qualifications that related
16 to public higher education, and that I think is
17 a flaw in the selection process.
18 The Governor may not have been
19 aware when he chose these exceptional
20 individuals that he was overlooking the public
21 sector for public sector trusteeships.
22 We are in a period where there's
23 not all of the money in the world, when the
10844
1 public sector and the private sector in higher
2 education and in other fields may, in fact, be
3 competing against one another, and I wonder,
4 does the list of nominees of SUNY trusteeships
5 have the sympathy and the compassion and the
6 understanding to recognize that when there is
7 pressure to increase the tuition at SUNY or CUNY
8 in order to bring the tuition at the public
9 colleges closer to the private colleges and
10 universities, that they are advocates for the
11 public institutions?
12 Do they also realize that when a
13 governor or, in fact, the legislature may not
14 provide enough funding for public higher
15 education -- and public funding over recent
16 years has declined from 80 percent state support
17 at the senior colleges to something perilously
18 close to 40 percent, and the only other source
19 if the state does not meet its obligation is to
20 impose this on the backs of the students through
21 tuition. There will be families throughout the
22 state of New York who will not be able to send
23 two or three youngsters to college if the
10845
1 tuition keeps climbing as it has done in recent
2 years.
3 It is no longer free tuition at
4 CUNY or SUNY. That was abolished in 1975-76.
5 But these people have an obligation to tell
6 those who are pressing for higher tuition that
7 they do not wish to make it unavailable for
8 students who can not afford the private
9 university tuition, and I think that is a
10 failing in the system. That is a factor that
11 flaws what is otherwise an exceptionally good
12 set of recommendations submitted by the
13 Governor.
14 My advice to them, stand up for
15 the public higher educational institutions. You
16 are stewards and trustees in those institu
17 tions. Be mindful of your allegiance to the
18 private universities. Go to your alumni
19 reunions. Continue supporting the private
20 universities through your resources. But
21 remember, public tax money has to be spent to
22 improve public higher education in New York
23 State.
10846
1 With that misgiving, with that
2 caveat, I ask them to stand up also even to
3 their recommender, the Governor of the state of
4 New York, if he fails to provide enough support
5 in terms of financial resources for SUNY, and be
6 prepared to stand up for the private university
7 and the public university both, and not to
8 succumb to pressures from one at the expense of
9 the other.
10 With these misgivings, I have
11 hope and I have confidence that these people who
12 are before us will carry out their responsi
13 bilities in an exemplary manner and, for that
14 reason, I will vote for all five of these
15 nominations and ask that it be a unanimous vote.
16 Thank you.
17 ACTING PRESIDENT MARCELLINO: The
18 Chair recognizes Senator Marchi.
19 SENATOR MARCHI: Mr. President,
20 it is certainly very appropriate to have the
21 references that were made by Senator Stavisky on
22 the structural and academic aspects of the
23 institution itself and its importance. It is
10847
1 worthwhile, I think, to reflect, very briefly at
2 least, on the genesis of the State University.
3 I was here at the time of its
4 formation. I know that on the year prior to
5 launching a very serious construction effort and
6 thoughtful effort on this great educational
7 institution, when the governor, then Governor
8 Rockefeller, submitted the plan to provide six
9 gyms for six teacher colleges in the state of
10 New York, that was all he asked, and in an
11 attempt to balance some of the excessive
12 expenses that were there present without
13 invading or generating other taxes, these were
14 scratched.
15 It was at that point that the
16 Governor convened us, singularly and in small
17 groups, to go over the whole problem of the
18 burgeoning baby boom presence that was now
19 becoming available to the educational system in
20 circumstances where we were not in a position to
21 take care of them in the State of New York.
22 The expansion that had taken
23 place after World War II in all of the private
10848
1 institutions -- and, of course, New York State
2 is premier -- its professional auspices that
3 they provided was ample and provided the very
4 finest education in the State of New York. But
5 we had this huge mass of young men and women
6 coming to the fore requiring, for the greatness
7 of this state and the fulfillment of their own
8 aspirations, a far greater expansion in public
9 education -- on the same terms that Senator
10 Stavisky pointed out -- and it was at that time
11 that this grand design was formulated and during
12 that period -- this is only a little over three
13 decades ago, the State University of New York -
14 not the University of the State of New York but
15 the State University of New York -- was put
16 together throughout the length and breadth of
17 this state, and it was only a matter of maybe
18 seven or eight years ago that we graduated the
19 millionth -- millionth -- graduate.
20 At the same time that we were
21 doing this, the state of New Jersey was not able
22 to take on with their own resources more than 40
23 percent of the students that were graduating
10849
1 from their high schools; and we quickly moved to
2 provide educational opportunity to all of our
3 young men and women. Not only that, there were
4 students that came from other states to take
5 advantage of what we were doing in this state.
6 So it took individuals who had a
7 fine appreciation of academic excellence, who
8 knew the burdens that it would take, and the
9 deployment and the siting of facilities
10 throughout the state of New York, if this crying
11 problem was to be met fairly and squarely; and
12 this was done, Mr. President, because of a
13 faithful commitment that governors -- and I have
14 to give Nelson Rockefeller primary credit for
15 giving this a very fast and substantial start
16 and sustenance and also successive legislatures
17 supporting this very worthy objective.
18 So that today, taking into
19 consideration that work has to be done,
20 institutions have to be refurbished and new
21 problems arise and new technology and ways of
22 harnessing the knowledge and the maturing of
23 thought, in the humanities, in technical
10850
1 subjects, in so many different areas, in an
2 enlightened way so that it embellishes the claim
3 of this Empire State, and in all future
4 endeavors, this is -- this lies as a great
5 institution.
6 And what was done in the City
7 University, Lester Granger, who was former
8 Director of the Urban League and a member of the
9 Board of Trustees of the State University,
10 cooperated in developing also, programs that
11 amplified opportunities in our urban setting in
12 the City University, and I remember very clearly
13 working closely with him to effect this purpose.
14 So, Mr. President, we are indeed
15 fortunate that the Governor has nominated five
16 individuals who have that clarity of vision, who
17 in their own lives and in other pursuits have
18 demonstrated the kind of leadership, the kind of
19 understanding, that sensitivity to intellectual
20 pursuit and culture and all of the disciplines
21 that make for a great civilization. These are
22 all present.
23 So we take confidence and we take
10851
1 comfort from the fact that you five are there
2 and that we helped you get there and, as Senator
3 Stavisky said, he wishes you all well. We join
4 in that, in that augury. We wish you well in
5 those efforts because this is the most important
6 work that we can possibly do, investment in our
7 human resources at their highest and best
8 levels, and to the extent that you are
9 successful and that it will take wings under
10 your tutelage, it will certainly inure to the
11 benefit of this state in every conceivable way.
12 Mr. President, this is indeed a
13 fortunate day. We have five very fine exemplars
14 who are going to be assuming that position, and
15 I believe, if the past is prologue, we ain't
16 seen nothing yet.
17 Good luck.
18 ACTING PRESIDENT MARCELLINO:
19 Thank you, Senator.
20 The Chair recognizes Senator
21 LaValle to close.
22 SENATOR LAVALLE: Thank you, Mr.
23 President. Today is really a unique experience
10852
1 in this chamber because I can't remember a time
2 where we have confirmed nominees and the
3 members, both sides of the aisle, have talked
4 about more than just the nominees.
5 The trustees have seen today that
6 the members of this chamber feel very deeply
7 about the State University of New York and they
8 have expressed that in a whole variety of ways
9 and statements that they have made on this floor
10 today. I can not remember when that has been
11 done before, because tradition is the members
12 get up, as we have, and talk about the
13 individual nominees. This is their day. It is
14 very important. Their families are proud of
15 them and they should be proud of themselves in
16 what they have accomplished in the past and
17 being recognized by the Governor and by the
18 members of this body.
19 Across the board, everyone has
20 said that our Governor should be congratulated
21 in making these nominees, and he should. They
22 are bright and they are energetic, and they will
23 in a very, very important juncture get things
10853
1 moving in the right direction.
2 I know more than many of the
3 members here had the opportunity to speak to the
4 trustees personally, one on one. I will tell
5 you that the trustees are by temperament and
6 discipline individual and independent thinkers,
7 and I would say, Senator Stavisky, that the
8 trustees will bring all of their rich
9 experiences into the decision-making process.
10 But as they expressed, one by
11 one, at today's committee meeting, they will
12 make that judgment based on the fact that they
13 are trustees of the State University of New
14 York, that they value access, and they value
15 excellence, and they will be approaching their
16 duties and responsibilities afresh, on a clean
17 slate, making decisions that the Governor and
18 that we in this chamber and in the Assembly will
19 be proud of.
20 Today, I am, as chairman, very,
21 very proud of all of you for participating in
22 the way you did, because one of the things that
23 has been lacking is a dialogue, a rich dialogue,
10854
1 one on one between the Legislature and the
2 trustees. We look at each other as being
3 participants in institutions, but we forget that
4 we are human beings in public service, and we
5 want to do a good job for the people who have
6 given their trust to us and today, we have, I
7 think, built a bridge all the way to the State
8 University that says, "Let's talk. Let's create
9 a dialogue. Let's attack the problems that are
10 ahead of us. Let's be part of the solution, not
11 part of the problem."
12 And so, today -- and, actually,
13 it began weeks ago, with the trustees visiting
14 the members, the dinner we had last night,
15 today's committee meeting, and the remarks that
16 have been made on the floor. It provides the
17 ambiance and the ethos that is necessary for us
18 to succeed.
19 I talked about Vice-Chairman Tom
20 Egan who, from the time that the Governor
21 mentioned that he was a nominee, brought people
22 together. They themselves, these five trustees,
23 have begun to focus on what needs to be done,
10855
1 and that first was communication, and, you know,
2 we have really succeeded.
3 Lastly, in just closing, our
4 State University is, as Senator Marchi talked
5 about, an investment that we make in human
6 intellectual resources. I have said over and
7 over again on this floor that our State
8 University and, indeed, all of higher education
9 can and should be part of our economic
10 development strategy in this state. I think
11 that the trustees that we have confirmed here
12 today understand that, and they will, I am sure,
13 do us all proud in moving forward with their
14 duties and their responsibilities.
15 Again, we have confirmed these
16 nominees, yet we are making statements to enrich
17 the dialogue and begin a dialogue on the right
18 foot; and so, as chairman, I thank all of you
19 for participating and making the process a very
20 rich and important one.
21 ACTING PRESIDENT MARCELLINO:
22 Thank you, Senator LaValle.
23 The question is on the
10856
1 confirmation -- in case anyone forgot -- of
2 Edward S. Nelson as a member of the SUNY Board
3 of Trustees.
4 All those in favor, signify by
5 saying aye.
6 (Response of "Aye.")
7 All opposed, say nay.
8 (There was no response.)
9 Edward S. Nelson is hereby
10 confirmed as a member of the SUNY Board of
11 Trustees.
12 Congratulations, ladies and
13 gentlemen.
14 (Applause.)
15 Clerk will read.
16 THE SECRETARY: Senator Stafford,
17 from the Committee on Finance, reports the
18 following nomination:
19 Floyd Patterson, of New Paltz,
20 member of the State Athletic Commission.
21 SENATOR COOK: Mr. President.
22 ACTING PRESIDENT MARCELLINO:
23 Senator Bruno.
10857
1 SENATOR BRUNO: Thank you, Mr.
2 President.
3 Mr. President, I'm very pleased
4 to speak on behalf of the former Heavyweight
5 Champion of the World, who has really
6 represented boxing, sports, as an athlete for a
7 lot of years in this state.
8 He is in the Hall of Fame of
9 Boxing. Started his career early, won a Gold
10 Medal in the Olympics in Helsinki, I believe in
11 '52. Has served as a commissioner here in New
12 York State previously; served the City of New
13 York as a commissioner, their sports commission.
14 But one of the things that has
15 impressed me the most about this champion is
16 that he has related to young people since 1972.
17 He has had a very formal program, working with
18 young people, teaching them about life, about
19 boxing, about living. He has really been an
20 inspiration to young people.
21 He will be a role model to all
22 people, and I don't think that there is anyone
23 more qualified, by his background, by his
10858
1 disposition, by his experience, to serve as
2 Chair of the New York State Athletic Commission
3 than Floyd Patterson.
4 I'm honored to speak on his
5 behalf, Mr. President.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Cook. Chair recognizes Senator Cook.
8 SENATOR COOK: Mr. President,
9 Floyd Patterson's name wouldn't be before us
10 today if he were simply a former champion or a
11 former celebrity because, indeed, he is very
12 much a champion yet today.
13 He is a champion because he is a
14 champion for human beings. He cares about the
15 kids of this state. He cares about their
16 futures. He cares enough that he continues day
17 by day to give of himself to ensure that other
18 kids have an opportunity to grow up in a healthy
19 kind of atmosphere, and I think those are the
20 attributes -- aside from all of his professional
21 qualifications, it's those attributes of human
22 caring that are very, very important in an
23 athletics commissioner, of someone who realizes
10859
1 that athletics are a tool for human growth, and
2 I am very, very proud to have him as a resident
3 of my district, and very pleased that he is
4 receiving this confirmation today.
5 ACTING PRESIDENT MARCELLINO:
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: I rise to
8 second the nomination of Floyd Patterson.
9 I just met him today, but it's
10 pretty obvious by meeting Floyd Patterson the
11 type of individual he is. He exudes class.
12 He's a class individual. It's obvious the
13 character that he has, and the way he expresses
14 himself is from the heart.
15 He really wants to take on this
16 job, and he really wants to take it on for the
17 good of the sport of boxing, a sport that has
18 assisted a lot of people in this state, assisted
19 people in building character as well as building
20 their talents in a very, very difficult sport.
21 I was also impressed by his
22 desire to help the youth in his community. For
23 23 years he's been doing that. He's been
10860
1 teaching them not only how to box but, much more
2 importantly, the importance of caring for
3 yourself, your physical well-being means you
4 don't get involved in drugs. It means you don't
5 do things that place yourself and your family at
6 risk. It means that you are building your
7 character based upon the physical conditioning
8 that you are putting yourself through.
9 The discipline brings on the
10 responsibility; and just listening to him talk,
11 you know he means it and you know his whole life
12 has exemplified that.
13 I wish everyone here could have
14 met him and just spoken to him for a few
15 minutes. This is a great appointment. This is
16 going to be great for the State of New York.
17 Those of you who -- you probably
18 could not believe that this man is 60 years
19 old. He's in better shape than anybody in this
20 chamber. I can guarantee you that, and if you
21 shake his hand, it's like shaking a vise. It's
22 strong, it's got character.
23 He's a great individual. It's
10861
1 truly exciting for me to rise to second his
2 nomination, a great American and someone who is
3 going to do wonderful things in the state of New
4 York not only for boxing but for the youth of
5 our state.
6 Thank you for being willing to
7 take this responsibility on, Mr. Patterson.
8 It's my pleasure to rise to second your
9 nomination.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Skelos, who is also in shape?
12 SENATOR SKELOS: Mr. President, I
13 just want to point out to Senator DeFrancisco
14 that we are deeply honored to have Floyd
15 Patterson, the Champ, with us. But committee
16 assignments are made by the Majority Leader, and
17 when you say that there is nobody in this
18 chamber in better shape than the Champ, Senator
19 Bruno was taken aback, because he still does the
20 nine flights of stairs when he goes to his
21 office.
22 But I would like to rise because
23 I go back to 1956 when -- and I'm dating myself
10862
1 now -- when I was 8 years old, lived in
2 Rockville Centre, my home community, where I've
3 lived all my life, and how proud I was going to
4 my elementary school, Hewett School, and it
5 being announced -- well, we all knew at that
6 point that our Rockville Centre resident Floyd
7 Patterson had become the Heavyweight Champ of
8 the World.
9 Talking to the Champ before, he
10 knew my grandfather's bakery in Rockville
11 Centre, and I know that's where he got his
12 strength, as did "Duke" Snider when he would
13 come in and buy the peach pies when he was
14 playing with the Dodgers and then with the Mets,
15 later on.
16 But, Champ, you were a model for
17 all of us as youngsters growing up in the
18 Rockville Centre community, and certainly I am
19 absolutely delighted and honored to get up at
20 this time to join with so many of the members
21 seconding your nomination.
22 Congratulations to you.
23 ACTING PRESIDENT MARCELLINO:
10863
1 Chair recognizes Senator Larkin.
2 SENATOR LARKIN: Mr. President, I
3 rise to second the nomination of Floyd
4 Patterson.
5 You know, everybody talks about
6 the Champ. He really is a champ because in the
7 district that he lives in -- I know he lives in
8 Senator Cook's district in New Paltz, but I get
9 to see him a lot because that's where my oldest
10 daughter lives now.
11 But, you know, the theory that
12 young people in our area that know him, it isn't
13 just in New Paltz. It isn't just a selected
14 area. I don't think that there's ever been a
15 function that involved young people, no matter
16 where it is in this state, that he hasn't been
17 called upon to go because he wants to give young
18 people an image of what life is all about, that
19 you don't have to be the rough and tumble, that
20 you can be somebody who is a friend to somebody
21 else, and he's taught the people.
22 The people that go to the gym,
23 they know that there are certain standards that
10864
1 they must meet. It isn't just, "I'll walk in
2 and put on a pair of gloves." You walk in and
3 put on a pair of gloves, the guy that you might
4 be facing might be some 60-year-old guy, it's
5 like John DeFrancisco says, who looks like when
6 we were all 28.
7 But he's been a model. He's been
8 there. He's been out there to let our young
9 people know and, you know, I think the Governor,
10 when he said the other day in his announcement
11 about Floyd Patterson will bring back to New
12 York the pride it had in the profession of
13 boxing, we have lost it all. As you know, they
14 go to the casinos in Las Vegas, and they go to
15 Atlantic City. Well, with the help of my good
16 friend, Nick Spano, and the Majority Leader,
17 when we have casinos, I can imagine, as I said
18 to Floyd earlier this morning, when he
19 introduces the Governor and says, "Governor,
20 this is the first professional fight in our
21 casinos."
22 This is a great champ for all of
23 New York.
10865
1 Thank you very much.
2 ACTING PRESIDENT MARCELLINO:
3 Chair recognizes Senator Mendez.
4 SENATOR MENDEZ: Mr. President, I
5 also want to rise to congratulate Governor
6 Pataki as well as Senator Bruno for presenting
7 this man for being nominated for the position in
8 the Athletic Commission.
9 I know a lot about Floyd
10 Patterson. I had never ever met the gentleman
11 until a few minutes ago, and I had the
12 delightful opportunity of talking to him.
13 My first question to him, Mr.
14 President, was, "Tell me. Do you still have
15 that mean punch?" And he told me that yes, he
16 does, that what is lost in boxers is the
17 reflexes but, other than that, the mean punch
18 remains. But I was taken -- and I read a lot
19 about the gentleman. I was taken by the fact
20 that in his interpersonal relationships, he is
21 such a gentle, gentle person.
22 I know that he has been in the
23 forefront of helping young people grow with more
10866
1 self-fulfillment and actualization by serving as
2 their model. I have never seen a champion of
3 the world who has carried that crown with such
4 elegance and dignity as Mr. Patterson has.
5 And, finally, Mr. President, he
6 really is competent, and he has brought great
7 glory to our country when he was, in 1952, in
8 the Olympics, when he won the Gold Medal. So
9 this is a happy day, and we're very fortunate
10 and honored to have him serve on the boxing
11 commission.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MARCELLINO:
14 Thank you, Senator.
15 Senator Paterson.
16 SENATOR PATERSON: Thank you, Mr.
17 President.
18 I grew up being asked all the
19 time if I was related to Floyd Patterson, who I
20 have never met. It was not because of my boxing
21 prowess but the similarity of names, but I spell
22 my name with one "t".
23 There is a great deal of
10867
1 conversation now about role models and athletes
2 and their relationship with younger people.
3 There is no person that we can be naming to any
4 commission that would have been more of a role
5 model than Floyd Patterson.
6 His service to our country, his
7 visiting the Presidents, his responsibility to
8 youth really stand as a very unique gesture, and
9 this is an appointment that I think has come now
10 and probably should have come a long time ago.
11 I agree with Senator Larkin that
12 it would be great if we can bring boxing back to
13 New York State. I hope that this appointment
14 will be a catalyst to achieving that.
15 All I want Floyd Patterson to
16 know is what kind of a role model he was to me.
17 There were two fights that he was in I'll never
18 forget. One was in May of 1968, when he was
19 beaten by Jerry Quary in Los Angeles,
20 California, in the elimination to replace the
21 title vacated when it was stripped from Muhammad
22 Ali. I have no idea who judged that fight.
23 Even I could see that this was a clear-cut
10868
1 decision for Floyd Patterson. Then, in October
2 1969, in my opinion, he destroyed Jimmy Ellis,
3 for the WBA championship and the Refs gave the
4 decision to Jimmy Ellis, and I couldn't believe
5 it.
6 But what I will never forget was
7 the humility and the understanding and just the
8 maturity that he displayed in his post-fight
9 interviews, and he had to be very upset on the
10 inside based on the results of those decisions.
11 So, Floyd, I have tried to follow
12 in your footsteps because I lose in this chamber
13 every day!
14 (Laughter.)
15 And the one thing I thought I did
16 right, I came here -- has anyone not seen me in
17 this chamber for one second? And I read this
18 newspaper article, I didn't even make the top
19 five in attendance.
20 (Laughter.)
21 But I'm not mad. I'm not upset.
22 ACTING PRESIDENT MARCELLINO: The
23 house will not laugh at the Senator's comments,
10869
1 please.
2 (Laughter.)
3 SENATOR PATERSON: And I really
4 think that this is a marvelous appointment. I
5 congratulate Governor Pataki and all of you who
6 came together who lent your support to this
7 nomination, to this very distinguished member of
8 all communities, who I think will serve the
9 state very well.
10 Thank you.
11 ACTING PRESIDENT MARCELLINO:
12 Senator, as one who made the list, I choose to
13 recognize Senator Hoffmann at this time.
14 SENATOR HOFFMANN: Thank you, Mr.
15 President.
16 I'm delighted to rise to second
17 the nomination of Floyd Patterson for the
18 Athletic Commission, and I've had the distinct
19 pleasure of having met him on previous occasions
20 when he has been kind enough to come into the
21 48th Senate District to visit the International
22 Boxing Hall of Fame and, as a member of this
23 State Legislature over a number of years, I have
10870
1 had the opportunity -- indeed, the privilege -
2 of being able to assist the Boxing Hall of Fame
3 in its growth.
4 During that time, we have had a
5 considerable amount of scrutiny by the media, by
6 the public, by the taxpayers, about boxing,
7 about what it means to regard boxing heroes as
8 role models, and it's given me an opportunity to
9 come to know Floyd Patterson and some of the
10 other individuals who are now permanently
11 revered as legitimate American heroes in the
12 heart of upstate New York in Canastota.
13 During this whole process, this
14 scrutiny of what boxing means, the one
15 indisputable fact that comes true every single
16 time people ask the question, the answer is
17 discipline, self-discipline, determination, a
18 willingness to prevail over time against
19 unbelievable hurdles, against unbelievable odds,
20 a willingness to be one's personal best.
21 We have so few opportunities to
22 see that in practice in other areas of our
23 existence that we must seize the opportunity
10871
1 where we have it, whenever we have it, to
2 instill in young people those values, and to
3 have an individual like Floyd Patterson who has
4 so unalterably demonstrated those criteria,
5 being willing to serve, being willing to travel
6 the state.
7 He has already demonstrated that
8 he will travel the state. I have seen people in
9 this chamber before who are here for
10 confirmation for the very first time, and this
11 was about as far from New York City as they ever
12 came before, and they never got as far as my
13 district, much less the Niagara Frontier, the
14 North Country, the Southern Tier, or little
15 places like Jamestown.
16 But I know that beyond any
17 question of a doubt, Floyd Patterson will make
18 those journeys, that he will serve as the role
19 model that we're looking to see reach the young
20 people of this state and to bring an important
21 element of nobility and determination to the
22 Athletic Commission of New York State.
23 ACTING PRESIDENT MARCELLINO:
10872
1 Thank you, Senator.
2 Senator Goodman.
3 SENATOR GOODMAN: Mr. President,
4 I would like to reflect for a moment on a bit of
5 history unknown to any member of this chamber, I
6 think, which involves the humanitarian instincts
7 of the great champion, Floyd Patterson.
8 A number of you know Richard
9 Rosenbaum who, at one time among other things,
10 was a judge of this state, a very delightful,
11 bubbly personality who fancied himself to be
12 rather an astute boxer as a result of his
13 captaining of his boxing team at, I believe it
14 was Hobart College; and one day in a charity
15 event Mr. Rosenbaum found himself pitted against
16 the Champ in a real boxing ring for what was
17 featured as a two-round bout of great
18 consequence.
19 It turned out that Mr. Rosenbaum,
20 feeling his oats in the first round and bouncing
21 around like a jumping bean, landed a light punch
22 to the shoulder of the champion and, in return,
23 what was generally described as a love pat was
10873
1 administered by the champion and Mr. Rosenbaum
2 found himself lying on the canvas face up
3 staring at the lights.
4 He indicated that this was, of
5 course, a slip of his foot, but those who
6 observed it thought that perhaps he was a little
7 bit overmatched, and we all felt that it was an
8 act of great charity on the part of the champion
9 to allow Mr. Rosenbaum to leave that ring
10 alive.
11 May I say on a more serious note
12 that the Senate Investigations Committee several
13 years ago had occasion to investigate the death
14 in the ring of a boxer named Willie Classen that
15 led, in turn, to a very careful examination of
16 the ground rules and the safety precautions that
17 need to be taken for boxing, and I can recall a
18 conversation with the Champ at that time about
19 this problem and recall his great sensitivity
20 about the need for increased safety precautions
21 at the ring.
22 Among other things, one of the
23 things that was done was to make available for
10874
1 all major fights a certified neurologist who
2 could determine whether a fighter, in effect,
3 was out on his feet as a result of a blow to the
4 head and to try to avoid in the future the
5 development of injuries and hematomas of the
6 sort that resulted in the ultimate death of
7 Willie Classen.
8 As he assumes his new duties, I'm
9 confident that the Champ will be mindful of the
10 fact that boxing can be a dangerous sport when
11 not properly supervised, but when properly
12 supervised, it's an extraordinarily wonderful
13 sport with great spectator interest and, indeed,
14 gives opportunities to youngsters who might
15 otherwise never have a chance to make the big
16 time and to find the keys to the gates which
17 imprison them in very bad living conditions.
18 And so, Champ Patterson, I can
19 only say it's a particular privilege and a
20 pleasure to second your nomination, and to
21 express to you our general wish for your good
22 luck in your highly important and sensitive new
23 position.
10875
1 ACTING PRESIDENT MARCELLINO: The
2 Chair recognizes Senator Stachowski.
3 SENATOR STACHOWSKI: Mr.
4 President. I, too, rise to second the
5 nomination of Floyd Patterson.
6 It was quite interesting to hear
7 him speak at two committee meetings. Having
8 been familiar with him as one of the boxing
9 champions as I was growing up, I thought this is
10 just such a thrill to meet him, and then to hear
11 him focus, though, on work he's done in his gym,
12 helping young people, it's just -- it was a very
13 good example of why I think he'll be a positive
14 example on this floor and do a great job on the
15 commission.
16 I'd like to point out for Senator
17 Skelos' information that Senator DeFrancisco is
18 absolutely correct in saying he's the best
19 conditioned 60-year-old, notwithstanding Senator
20 Bruno's walking up and down the stairs. I mean
21 Senator Bruno starts out with a disadvantage in
22 this comparison and for two reasons. One is Joe
23 dabbled in boxing, and I don't think he was
10876
1 nearly as successful; and, two, I believe Floyd
2 Patterson has both of his own hips which would
3 be a distinct advantage in any long distance
4 running he might take up.
5 But it's a pleasure to second the
6 nomination, and I believe that Floyd Patterson
7 will not only do a great job but will be a
8 tremendous example to the people of the state of
9 New York.
10 ACTING PRESIDENT MARCELLINO:
11 Chair recognizes Senator Marchi.
12 SENATOR MARCHI: Mr. President,
13 perhaps Mr. Patterson was not surprised when he
14 saw our Majority Leader get up and lead off on
15 seconding the nomination. The truth is, Mr.
16 Patterson, Floyd, that he laced the gloves on
17 himself when he was in the service. He did lace
18 the gloves on himself, and I believe he must
19 have been a light heavyweight, if I'm right.
20 I'm right.
21 I mentioned the fact to Floyd
22 that I had done the same thing some years
23 earlier than the Majority Leader and that I did
10877
1 have my short span of a boxing career, which
2 included working out with Gus Lesnevich, who at
3 that time was Light Heavyweight Champion of the
4 World. He said, "Well, a funny thing is your
5 nose isn't punched in." You'll remember, Floyd,
6 that his favorite punch was a right onto the
7 heart, and if you reflect on that and you see me
8 limping along sometimes and favoring my left
9 side, you'll know why.
10 Floyd Patterson not only deserves
11 all of the good things that have been said about
12 him professionally as a human being, we also
13 know that this is a deeply religious and
14 spiritual individual. He has that dimension,
15 and I think it graces and adds luster to
16 everything that he does.
17 Certainly, with so many of the
18 facts that are already part of our general
19 knowledge, I think it augurs well for the
20 responsibilities which he resumes because he's
21 been doing it continuously anyway but, under
22 these auspices, it augurs well and certainly he
23 leaves this chamber with our best wishes.
10878
1 ACTING PRESIDENT MARCELLINO:
2 Senator Espada.
3 SENATOR ESPADA: Thank you, Mr.
4 President.
5 Certainly, I would like to join
6 the chorus of applause and celebration of this
7 appointment and thank the Governor for that.
8 The Champion has always
9 transcended boxing. Cus D'Amato would be very,
10 very proud today. Joey Torres called me last
11 night and told me about this appointment. Joey
12 Torres is one of the D'Amato kids along with Mr.
13 Patterson, and character was always really the
14 basic tenet of that school of living that Cus
15 D'Amato led.
16 We watched the champion nurture
17 and undertake a guardianship and then actually,
18 adopting Tracy Patterson, made him a champion,
19 and we look forward to that kind of magnificence
20 being shared throughout all the 61 state
21 Senatorial Districts.
22 I welcome you to the South Bronx,
23 where we need you desperately, and I
10879
1 congratulate you, sir.
2 Thank you.
3 ACTING PRESIDENT MARCELLINO: The
4 question is on the confirmation of Floyd
5 Patterson as a member of the State Athletic
6 Commission.
7 All those in favor, signify by
8 saying aye.
9 (Response of "Aye.")
10 Opposed, nay.
11 (There was no response.)
12 Floyd Patterson is hereby
13 confirmed as a member of the State Athletic
14 Commission.
15 Congratulations.
16 (There was a standing ovation.)
17 The Secretary will read.
18 THE SECRETARY: Senator Stafford,
19 from the Committee on Finance, reports the
20 following nomination:
21 Christina Hernandez, of Albany,
22 member of the Crime Victims Board.
23 ACTING PRESIDENT MARCELLINO:
10880
1 Chair recognizes Senator Hoblock.
2 SENATOR HOBLOCK: Thank you, Mr.
3 President.
4 Mr. President, it gives me great
5 pleasure to move the nomination of Christina
6 Hernandez as a member of the Crime Victims
7 Board.
8 Ms. Hernandez is a resident of
9 the city of Albany and has worked as a
10 residential service provider at Catholic
11 Charities. She has a Master's Degree in Social
12 Work from the University at Albany, has an
13 advanced certificate in Women and Public Policy
14 from Rockefeller School of Public Affairs and
15 Policy, and she's a former fellow at the Center
16 for Women in Government, Incorporated.
17 She currently works as a research
18 assistant to the counsel at the Department of
19 Environmental Conservation.
20 Ms. Hernandez is a strong
21 advocate for victim rights and has studied and
22 worked in the area of human services and social
23 welfare.
10881
1 Mr. President, the victims of
2 crime in our society have indeed cried out to
3 this state to show them compassion, to listen to
4 their needs and to demonstrate a commitment that
5 the rights of the victims are more important
6 than those of the criminal.
7 I believe, Mr. President, that
8 Ms. Hernandez is one of those compassionate
9 individuals, and she will be an articulate and
10 strong voice who will protect victim rights and
11 also lend a sympathetic ear to the individuals
12 and families who need that type of help.
13 It is with a great deal of
14 pleasure, again, that I move this nomination,
15 Mr. President. Ms. Hernandez, as an experienced
16 counselor, will be a wonderful addition to the
17 Crime Victims Board.
18 Thank you.
19 ACTING PRESIDENT MARCELLINO:
20 Thank you, Senator.
21 The Chair recognizes Senator
22 Mendez.
23 SENATOR MENDEZ: Mr. President, I
10882
1 rise to second the nomination of Christina
2 Hernandez, and I really want to congratulate
3 Governor Pataki for nominating this young,
4 bright and committed Puerto Rican young woman to
5 a position where her skills will be devoted -
6 as Senator Hoblock mentioned, will be devoted to
7 ease the pain that the victims' families do feel
8 after a loved one has been victimized.
9 As a Puerto Rican woman myself,
10 when I saw the name Christina Hernandez, I said,
11 "Wonderful!" This lovely Puerto Rican, bright,
12 competent young woman is being recognized for
13 her skills and she will be making a great
14 contribution to the victims of crime.
15 Thank you.
16 ACTING PRESIDENT MARCELLINO:
17 Excuse me, Senator Mendez. Excuse me for one
18 second.
19 A little order in the house,
20 please.
21 Senator, I'm sorry.
22 SENATOR MENDEZ: Thank you, Mr.
23 President.
10883
1 ACTING PRESIDENT MARCELLINO: The
2 question is on the confirmation of Christina
3 Hernandez as a member of the Crime Victims
4 Board.
5 I'm sorry. Senator Montgomery.
6 SENATOR MONTGOMERY: Yes.
7 Mr. President, I rise to second
8 the nomination also and to congratulate the
9 Governor on this appointment.
10 I just want to say, even though I
11 don't know personally Christina Hernandez, I am
12 very familiar with the work of the Center for
13 Women in Government, and I think this is one
14 more instance where the work of that center has
15 really produced for the state of New York the
16 kind of leadership, especially among young
17 women, that we all hope for and we all wish
18 for. There, the Center is doing it.
19 I have had several fellows from
20 the Center for Women in Government, including
21 this year I have a young woman, Esther Jackson,
22 who is a fellow, and I'm very proud to have been
23 part of the development and the exposure and the
10884
1 ability to gain a new insight into this aspect
2 of government for young women. I learn from
3 them, and I hope they learn from me.
4 So it is with a great deal of
5 pride that I rise to say congratulations to
6 Christina. I know that you will do a good job,
7 and I would like to think, at least, that part
8 of your success and your vision and your
9 understanding and your leadership comes because
10 you had experiences like the fellowship with the
11 Center for Women in Government.
12 Congratulations.
13 ACTING PRESIDENT MARCELLINO: The
14 question is on the confirmation of Christina
15 Hernandez as a member of Crime Victims Board.
16 All those in favor, signify by
17 saying aye.
18 (Response of "Aye.")
19 Opposed, nay.
20 (Response of "Nay.")
21 Christina Hernandez is hereby
22 confirmed as a member of the Crime Victims
23 Board.
10885
1 Congratulations.
2 (Applause.)
3 Secretary will read.
4 THE SECRETARY: Senator Stafford,
5 from the Committee on Finance, reports the
6 following nomination:
7 Charles F. Marotta, Esq., of the
8 Bronx, member of the Crime Victims Board.
9 SENATOR VELELLA: Mr. President.
10 ACTING PRESIDENT MARCELLINO: The
11 Chair recognizes Senator Velella.
12 SENATOR VELELLA: Mr. President,
13 it's with a great deal of pleasure and pride
14 that I support the nomination of Charles
15 Marotta, a lifelong friend and resident of the
16 Bronx. Mr. Marotta has served as a prosecutor
17 in the Attorney General's office and has served
18 for the last 20 years as an administrative law
19 judge at the Workers' Compensation Bureau.
20 He has shown himself to be an
21 outstanding leader in this field. As a member
22 of the Workers' Compensation Board, he's been
23 elected to office by his colleagues within that
10886
1 board and certainly has led a very exemplary
2 life and career in the law and in
3 administration.
4 He will add to the Crime Victims
5 Compensation Board the expertise that he has had
6 as a Workers' Compensation judge and his
7 expertise as a prosecutor.
8 It is with a great deal of pride
9 that I move the nomination of Charles A. Marotta
10 as a member of the Crime Victims Compensation
11 Board.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Gold.
14 SENATOR GOLD: Yes, Mr.
15 President. I rise to support the nominee; and
16 Senator Dollinger, I think it was, made a
17 comment last week about the variance in quality
18 of appointments that we seem to be getting from
19 the Governor when it comes to the judicial and
20 to some other branches, and I thought the
21 comment was pretty well taken, and I thought the
22 nominations to the judiciary were very, very
23 extraordinary, and I thought some of the others
10887
1 were not.
2 This is one which I must say I
3 think the Governor did very, very well. The
4 background of Mr. Marotta is excellent. He is a
5 person of experience and someone who we know,
6 when he gets the job, he is going to have a
7 background that is going to lead him through day
8 by day without that worrying about him being
9 blindfolded.
10 It's a good nomination. Senator
11 Velella, you did good on this one, and I support
12 the nominee.
13 ACTING PRESIDENT MARCELLINO: The
14 question is on the confirmation of Charles F.
15 Marotta as a member of the Crime Victims Board.
16 All those in favor, signify by
17 saying aye.
18 (Response of "Aye.")
19 Opposed, nay.
20 (There was no response.)
21 Charles F. Marotta is hereby
22 confirmed as a member of the Crime Victims
23 Board.
10888
1 Congratulations, Mr. Marotta.
2 (Applause.)
3 Secretary will read.
4 THE SECRETARY: Senator Stafford,
5 from the Committee on Finance, reports the
6 following nomination:
7 David H. Feinberg, of New York
8 City, Director of the New York State Urban
9 Development Corporation.
10 ACTING PRESIDENT MARCELLINO:
11 Chair recognizes Senator Goodman on the
12 nomination.
13 SENATOR GOODMAN: Mr. President,
14 I'm pleased to be able to place in nomination
15 Mr. David H. Feinberg of 993 Fifth Avenue, New
16 York City.
17 ACTING PRESIDENT MARCELLINO:
18 Senator, would you excuse me for one second.
19 Ladies and gentlemen, we can't
20 hear. Please.
21 Thank you.
22 SENATOR GOODMAN: Mr. Feinberg
23 has a very distinguished record. The education
10889
1 background on him is most impressive. He is a
2 graduate, in 1963, of Princeton University in
3 the Woodrow Wilson School of Public and
4 International Affairs. He graduated from
5 Harvard Law School in 1967.
6 He was previously an investment
7 banker with the distinguished firm of S.G.
8 Wahrburg & Company in London, worked for the
9 Chemical Bank and for the United States Agency
10 for International Development in Washington,
11 D.C.
12 He is presently a leader in the
13 firm of Feinberg Realty and Construction, which
14 is active in all phases of real estate,
15 including home building, apartment building
16 ownership and land development.
17 Although I do not know Mr.
18 Feinberg personally, I can say that he has come
19 highly recommended, and I feel certain will do
20 outstanding work as a member of the board of the
21 Urban Development Corporation.
22 ACTING PRESIDENT MARCELLINO: The
23 question is on the confirmation of David H.
10890
1 Feinberg, as a director of the New York State
2 Urban Development Corporation.
3 All those in favor, signify by
4 saying aye.
5 (Response of "Aye.")
6 Opposed, nay.
7 (There was no response.)
8 David H. Feinberg is hereby
9 confirmed as a director of the New York State
10 Urban Development Corporation.
11 Senator Velella.
12 SENATOR VELELLA: Mr. President,
13 can we return to the regular calendar and take
14 up Calendar 1494.
15 ACTING PRESIDENT MARCELLINO: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1494, by Senator Hoblock, Senate Print 5539, an
19 act to amend the Military Law, in relation to
20 application for Civil Service examinations.
21 SENATOR VELELLA: Is there a
22 message at the desk?
23 ACTING PRESIDENT MARCELLINO:
10891
1 There is a message at the desk, Senator.
2 SENATOR VELELLA: Move we accept
3 the message.
4 ACTING PRESIDENT MARCELLINO: The
5 motion is to accept the message of necessity.
6 All in favor, signify by saying
7 aye.
8 (Response of "Aye.")
9 Opposed, nay.
10 (There was no response.)
11 The message is accepted.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the same date as the
15 chapter of the laws of 1995.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 53.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is passed.
22 Senator Velella.
23 SENATOR VELELLA: Mr. President,
10892
1 would you now recognize Senator Rath for the
2 purpose of a resolution.
3 ACTING PRESIDENT MARCELLINO:
4 Chair recognizes Senator Rath.
5 SENATOR RATH: Mr. President,
6 earlier we thought we needed a privileged
7 resolution read in toto. We do not need it
8 read. It needs to be passed today, however, so
9 it can be distributed to the person who it's
10 honoring.
11 ACTING PRESIDENT MARCELLINO:
12 Secretary will read the title.
13 THE SECRETARY: By Senator Rath,
14 Legislative Resolution paying tribute to
15 Elizabeth Ryan Mahoney upon the occasion of her
16 80th birthday.
17 ACTING PRESIDENT MARCELLINO:
18 Question is on the resolution.
19 All in favor, signify by saying
20 aye.
21 (Response of "Aye.")
22 Opposed, nay.
23 (There was no response.)
10893
1 The resolution is passed.
2 Senator Velella, we have some
3 housekeeping at the desk. May we do that?
4 SENATOR VELELLA: Yes. Can we go
5 to housekeeping now. Do we have any
6 housekeeping?
7 ACTING PRESIDENT MARCELLINO:
8 Senator Kuhl.
9 SENATOR KUHL: Mr. President, on
10 behalf of Senator Lack, I wish to call up his
11 bill, Senate Print 3353, recalled from the
12 Assembly, which is now at the desk.
13 ACTING PRESIDENT MARCELLINO:
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 482, by Senator Lack, Senate Print 3353, an act
17 to amend the Civil Service Law and the Education
18 Law, in relation to the compensation of teaching
19 and research centers.
20 SENATOR KUHL: Mr. President, I
21 move to reconsider the vote by which this bill
22 was passed.
23 ACTING PRESIDENT MARCELLINO: The
10894
1 Secretary will call the roll on reconsideration.
2 (The Secretary called the roll on
3 reconsideration.)
4 THE SECRETARY: Ayes 53.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is before the house.
7 Senator Kuhl.
8 SENATOR KUHL: I offer up the
9 following amendments.
10 ACTING PRESIDENT MARCELLINO: The
11 amendments are accepted, sir.
12 Senator Kuhl.
13 SENATOR KUHL: Mr. President, on
14 behalf of Senator Saland, I wish to call up his
15 bill, Senate Print 4013, recalled from the
16 Assembly, which is now at the desk.
17 ACTING PRESIDENT MARCELLINO:
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 953, by Senator Saland, Senate Print 4013, an
21 act to amend the Family Court Act, in relation
22 to law guardian representation.
23 SENATOR KUHL: Mr. President, I
10895
1 now move to reconsider the vote by which the
2 bill passed.
3 ACTING PRESIDENT MARCELLINO: The
4 Secretary will call the roll on reconsideration.
5 (The Secretary called the roll on
6 reconsideration.)
7 THE SECRETARY: Ayes 53.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is before the house.
10 Senator Kuhl.
11 SENATOR KUHL: Mr. President, I
12 offer up the following amendments.
13 ACTING PRESIDENT MARCELLINO:
14 Amendments are accepted.
15 Senator Kuhl.
16 SENATOR KUHL: Also, Mr.
17 President, on behalf of Senator Saland, I wish
18 to call up his bill, Senate Print 4025A,
19 recalled from the Assembly, which is now at the
20 desk.
21 ACTING PRESIDENT MARCELLINO:
22 Secretary will read.
23 THE SECRETARY: Calendar Number
10896
1 954, by Senator Saland, Senate Print 4025A, an
2 act to amend the Family Court Act and the
3 Domestic Relations Law, in relation to issuance
4 of mutual orders of protection.
5 SENATOR KUHL: Mr. President, I
6 now move to reconsider the vote by which the
7 bill passed.
8 ACTING PRESIDENT MARCELLINO: The
9 Secretary will call the roll on reconsideration.
10 (The Secretary called the roll on
11 reconsideration.)
12 THE SECRETARY: Ayes 53.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is before the house.
15 Senator Kuhl.
16 SENATOR KUHL: Offer up the
17 following amendments.
18 ACTING PRESIDENT MARCELLINO:
19 Amendments are accepted.
20 Senator Kuhl.
21 SENATOR KUHL: Also, Mr.
22 President, on behalf of Senator Marchi, I wish
23 to call up his bill, Senate Print 2496, recalled
10897
1 from the Assembly, which is now at the desk.
2 ACTING PRESIDENT MARCELLINO:
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 165, by Senator Marchi, Senate Print 2496, an
6 act to amend the Public Authorities Law, in
7 relation to and for the purpose of enabling the
8 Dormitory Authority.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Kuhl.
11 SENATOR KUHL: I move to
12 reconsider the vote by which the bill passed the
13 house.
14 ACTING PRESIDENT MARCELLINO: The
15 Secretary will call the roll on reconsideration.
16 (The Secretary called the roll on
17 reconsideration.)
18 THE SECRETARY: Ayes 53.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is before the house.
21 Senator Kuhl.
22 SENATOR KUHL: Offer up the
23 following amendments.
10898
1 ACTING PRESIDENT MARCELLINO:
2 Amendments are accepted.
3 Senator Kuhl.
4 SENATOR KUHL: Also, Mr.
5 President, on behalf of Senator Sears, I wish to
6 call up his bill, Senate Print 1177, recalled
7 from the Assembly, which is now at the desk.
8 ACTING PRESIDENT MARCELLINO:
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 1019, by Senator Sears, Senate Print 1177, an
12 act to amend the Criminal Procedure Law and the
13 Education Law.
14 SENATOR KUHL: Move to reconsider
15 the vote by which the bill passed.
16 ACTING PRESIDENT MARCELLINO: The
17 Secretary will call the roll on reconsideration.
18 (The Secretary called the roll on
19 reconsideration.)
20 THE SECRETARY: Ayes 53.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is before the house.
23 Senator Kuhl.
10899
1 SENATOR KUHL: Offer up the
2 following amendments.
3 ACTING PRESIDENT MARCELLINO:
4 Amendments are accepted.
5 Can we have some order so we can
6 get through the housekeeping, please.
7 Thank you.
8 Senator Kuhl.
9 SENATOR KUHL: Also, Mr.
10 President, on behalf of Senator Volker, I wish
11 to call up his bill, Senate Print 3620A,
12 recalled from the Assembly, which is now at the
13 desk.
14 ACTING PRESIDENT MARCELLINO:
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 527, by Senator Volker, Senate Print 3620A, an
18 act to amend the Penal Law, in relation to
19 trademark counterfeiting.
20 SENATOR KUHL: Mr. President, I
21 move to reconsider the vote by which the bill
22 passed the house.
23 ACTING PRESIDENT MARCELLINO: The
10900
1 Secretary will call the roll on reconsideration.
2 (The Secretary called the roll on
3 reconsideration.)
4 THE SECRETARY: Ayes 53.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is before the house.
7 Senator Kuhl.
8 SENATOR KUHL: Mr. President, I
9 offer the following amendments.
10 ACTING PRESIDENT MARCELLINO:
11 Amendments are accepted.
12 Thank you, Senator.
13 Senator Velella.
14 SENATOR VELELLA: Mr. President,
15 there will be an immediate Republican conference
16 in the Republican Conference Room, and the
17 Senate will stand at ease during that
18 conference.
19 ACTING PRESIDENT MARCELLINO:
20 There will be an immediate conference of the
21 Majority in the Majority Conference Room, Room
22 332.
23 The Senate will stand at ease.
10901
1 (Whereupon, at 1:08 p.m., the
2 Senate was at ease until 2:37 p.m.)
3 SENATOR SKELOS: Mr. President.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Skelos.
6 SENATOR SKELOS: Will you
7 recognize Senator Seward.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Seward.
10 SENATOR SEWARD: Yes, Mr.
11 President. On page 6, I offer the following
12 amendments to Calendar Number 1480, Senate Print
13 Number 5182, and ask that the bill retain its
14 place on the Third Reading Calendar.
15 ACTING PRESIDENT MARCELLINO:
16 Without objection.
17 SENATOR SEWARD: On behalf of
18 Senator Kuhl, Mr. President, I wish to call up
19 his bill, Print Number 5087A, recalled from the
20 Assembly, which is now at the desk.
21 ACTING PRESIDENT MARCELLINO:
22 Secretary will read.
23 THE SECRETARY: Calendar Number
10902
1 1262, by Senator Kuhl, Senate Print 5087A, an
2 act to amend the Retirement and Social Security
3 Law, in relation to authorizing the Keuka Lake
4 Watershed Improvement Cooperative.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Seward.
7 SENATOR SEWARD: Mr. President, I
8 now move to reconsider the vote by which this
9 bill was passed.
10 ACTING PRESIDENT MARCELLINO: The
11 Secretary will call the roll on reconsideration.
12 (The Secretary called the roll on
13 reconsideration.)
14 THE SECRETARY: Ayes 54.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is before the house.
17 Senator Seward.
18 SENATOR SEWARD: Mr. President, I
19 now offer the following amendments to that bill.
20 ACTING PRESIDENT MARCELLINO:
21 Amendments are received and adopted.
22 Any other housekeeping?
23 Senator Skelos.
10903
1 SENATOR SKELOS: Mr. President.
2 There will be a Rules Committee meeting tomorrow
3 morning at 9:30 a.m. in Room 332 in the Capitol;
4 and there being no further business, the Senate
5 stands adjourned until tomorrow, June 28th, at
6 10:00 a.m. sharp.
7 ACTING PRESIDENT MARCELLINO:
8 Rules Committee meeting, 9:30 a.m.
9 On motion of Senator Skelos, the
10 Senate stands adjourned until 10:00 a.m.
11 tomorrow morning.
12 (Whereupon, at 2:43 p.m., the
13 Senate adjourned.)
14
15
16
17
18