Regular Session - October 12, 1995
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7 ALBANY, NEW YORK
8 October 12, 1995
9 12:02 p.m.
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11 REGULAR SESSION
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15 LT. GOVERNOR BETSY McCAUGHEY, President
16 STEPHEN F. SLOAN, Secretary
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Would everyone please rise and
5 join me in the Pledge of Allegiance.
6 (Whereupon, the Senate and those
7 present joined in the Pledge of Allegiance to
8 the Flag.)
9 May we bow our heads now in a
10 moment of silence.
11 (Whereupon, there was a moment of
12 silence.)
13 The reading of the Journal,
14 please.
15 THE SECRETARY: In Senate,
16 Wednesday, October 11. The Senate met pursuant
17 to adjournment. Prayer by the Reverend Peter G.
18 Young, Blessed Sacrament Church, Bolton
19 Landing. The Journal of Tuesday, October 10,
20 was read and approved. On motion, Senate
21 adjourned.
22 THE PRESIDENT: Without
23 objection, the Journal stands approved as read.
24 Presentation of petitions.
25 Messages from the Assembly.
12280
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Bruno.
8 SENATOR BRUNO: Madam President.
9 Can we at this time adopt the Resolution
10 Calendar.
11 THE PRESIDENT: All in favor of
12 adopting the Resolution Calendar, signify by
13 saying aye.
14 (Response of "Aye.")
15 Opposed, nay.
16 (There was no response.)
17 The Resolution Calendar is
18 adopted.
19 Senator Bruno.
20 SENATOR BRUNO: Madam President.
21 Can we at this time return to the reports of
22 standing committees and ask that the report of
23 the Finance Committee be read.
24 THE PRESIDENT: The Secretary
25 will read, please.
12281
1 THE SECRETARY: Senator Stafford
2 from the Committee on Finance reports the
3 following nominations:
4 Member of the State Board of
5 Parole, Michael T. Finnerty of Albany.
6 Senator Nozzolio.
7 SENATOR NOZZOLIO: Thank you,
8 Madam President.
9 My colleagues. I rise with great
10 happiness today to enthusiastically support the
11 candidacy of Mike Finnerty to be a member of the
12 New York State Board of Parole. Many who have
13 worked with Mike here in the Senate know of his
14 hard-working -
15 THE PRESIDENT: Order.
16 SENATOR NOZZOLIO: -- know of his
17 hard-working spirit and enthusiasm for the job,
18 and he works very hard on behalf of many of us
19 here in the Senate.
20 But I would like to point out to
21 my colleagues that we have in this candidate one
22 who knows of the workings of Probation and
23 Parole from the ground up through his work many
24 years ago with the Wayne County Probation
25 Department and knowing these issues, working
12282
1 through responsibilities in the State Senate,
2 first with late Senator Fred Warder and more
3 recently with Senator Paul Kehoe; and in that
4 work with Senator Kehoe, Mike was very
5 instrumental in working with Paul when he was
6 chairman of the Senate Committee on Crime and
7 Corrections.
8 Mike has gleaned experience that
9 will be, I believe, ideally suited and of great
10 value to his new responsibilities as a member of
11 the Parole Board.
12 I could say many good things
13 about Mike Finnerty. I have known him for over
14 20 years, and I know those who work with him
15 here share my happiness with his selection as a
16 member of the Parole Board.
17 The challenges ahead for the
18 Parole Board, not just Mr. Finnerty but a number
19 of others who are going to be confirmed today is
20 one of extreme challenge, one of extreme
21 gravity, because certainly as things are being
22 changed within our correctional system, more
23 demand for prison space and more demand for
24 those who must work in Parole as Parole in its
25 whole role and purpose is being changed, I think
12283
1 Mike will have a great value to the Parole Board
2 because of his experience at the county level
3 and his experience here with legislative
4 policy.
5 Madam President. It is with
6 great privilege and honor that I rise in support
7 of this nomination. Certainly we will miss him
8 in the state Senate. We will miss his guidance
9 and support. He has been support to me and
10 guidance to me in my responsibilities as
11 chairman of the Senate Committee on Crime and
12 Corrections. Because of Mike's experience with
13 those matters, he has provided me with
14 invaluable assistance, and I certainly will miss
15 working with him on a day-to-day basis but look
16 forward to his tenure as a member of the Parole
17 Board. I believe, again, that his knowledge of
18 this institution, his knowledge of what happens
19 out in the field in local government in the area
20 of probation, will stead this Parole Board with
21 great service.
22 Mike, I wish you all the best.
23 And, Madam President, with great
24 honor, I do second the nomination of Michael T.
25 Finnerty as a member of the New York State
12284
1 Parole Board.
2 THE PRESIDENT: Thank you,
3 Senator Nozzolio.
4 Senator Hoblock.
5 SENATOR HOBLOCK: Thank you,
6 Madam President. I appreciate the opportunity
7 to second the nomination of Michael Finnerty as
8 a member of the New York State Parole Board.
9 As Senator Nozzolio pointed out,
10 Mike has a depth of experience that will enable
11 him to approach his new job in both a practical
12 and professional manner, and he will be a
13 substantial asset as a member of the Board of
14 Parole, and I congratulate the Governor in
15 making this fine selection.
16 I think we will benefit. All of
17 us in New York will benefit from Mike's
18 appointment because I know that he will bring to
19 this board the sensitivity of balancing the
20 needs of the victim with the need of the accused
21 or the criminal.
22 So it gives me great pleasure to
23 second the nomination of Michael Finnerty as a
24 member of the State Board of Parole.
25 THE PRESIDENT: Thank you,
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1 Senator.
2 Senator Volker.
3 SENATOR VOLKER: Madam
4 President. Michael who? No.
5 Mike, I just want to say that the
6 whole group here today -- I'd just like to say
7 that I think this group of parole commissioners
8 is probably as excellent a group as we have -
9 as I have seen since I have been here in the
10 Senate in the 23 years that I have been here.
11 Michael, of course, who was staff
12 director to Crime and Corrections, the committee
13 that oversees parole, certainly knows this
14 area. Those of us who have served with Mike
15 know that he knows not only criminal justice but
16 obviously parole and the workings of the
17 Legislature. In fact, I really believe that one
18 of the things that the Parole Board has or is
19 providing here is a knowledge, a working
20 knowledge not only of parole but of the whole
21 system. Michael certainly provides that view.
22 We're going to miss him here.
23 He's been not only an outstanding employee of
24 the Senate but also a good friend. It's another
25 one of those mixed feelings because I know it
12286
1 adds a great deal to the Board of Parole, but we
2 in the Senate will certainly feel his loss.
3 Good luck, Michael.
4 THE PRESIDENT: Thank you,
5 Senator Volker.
6 Senator Maziarz.
7 SENATOR MAZIARZ: Thank you,
8 Madam President. As a member of the Crime
9 Victims, Crime and Corrections Committee, I want
10 to join with Senator Nozzolio, our chairman,
11 just to praise the background and the efforts
12 that Mike Finnerty has made to this body over
13 the years.
14 I have only known Mike for a
15 short time, but I certainly have been impressed
16 with him. He's been a great resource for me,
17 and I certainly wish him well, and I join in
18 seconding his nomination.
19 Thank you.
20 THE PRESIDENT: Thank you.
21 Senator Marchi.
22 SENATOR MARCHI: Madam
23 President. You have been gracing us with your
24 valued presence for only a short period, but
25 it's been a happy experience.
12287
1 You should know that Mike
2 Finnerty, in addition to all of the qualities
3 that have been described, and they are really
4 valid and appropriate experience in the subject
5 matter that he is going to be addressing, and a
6 wisdom that he has demonstrated over a wide
7 range of subjects, he is also a legendary
8 figure. He is part of the legend of Albany.
9 With a saving sense of humor, he has added
10 immeasurably to the pleasure of being together.
11 These are qualities that, you
12 know -- he has all of the great qualities. You
13 know, we have a lot of geniuses. He does raise
14 the spirit of everybody who works with him. So
15 to have him continue in a position of
16 responsibility, I know that that agency will
17 have the benefit of his counsel and his
18 contribution; and at the same time, it will be a
19 happier place. I do hope he comes back once in
20 a while to lift our morale.
21 You do it, though, so well that
22 we feel adequately compensated. I take pleasure
23 in endorsing this nomination with all the spirit
24 and joy that I can muster.
25 THE PRESIDENT: Thank you,
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1 Senator Marchi.
2 Senator Farley.
3 SENATOR FARLEY: Thank you, Madam
4 President. I guess I have to rise to second the
5 nomination of Michael Finnerty, who I have known
6 a number of years, a great Irish-American to say
7 the least, somebody that has served a number of
8 our Senators that have been here and somebody
9 that has been very loyal to this house and
10 somebody that has been a great member of the
11 Senate family.
12 Mike, we're very proud of you, to
13 finally see that you have a job that you will
14 like and know a lot about, the parole business.
15 Mike, we wish you well, and I'm pleased to
16 support your nomination.
17 THE PRESIDENT: Thank you,
18 Senator Farley.
19 Senator Rath.
20 SENATOR RATH: Madam President.
21 I rise to second, along with many of my
22 colleagues, the nomination of Michael Finnerty.
23 Senator Marchi spoke about Michael Finnerty
24 being one of the legends of Albany. Well, for a
25 while, Michael wasn't in Albany; and when he
12289
1 wasn't in Albany, he was working for us in Erie
2 County, and he likes to call me one of his five
3 or six bosses. I can't remember how many
4 members we had in the minority in those days,
5 Michael, but we worked mightily at what we did,
6 and Michael was our leader.
7 And it's with great pleasure that
8 I second the nomination not only from the State
9 Senate but from those of us who knew and loved
10 you and your work in Erie County.
11 Thank you, Michael.
12 THE PRESIDENT: Thank you,
13 Senator Rath.
14 The question -- oh, I'm sorry.
15 Senator Stafford.
16 SENATOR STAFFORD: Madam
17 President. Mr. Finnerty has heard me speak
18 before on this floor, and he asked me yesterday
19 if I would say that this is one of the best
20 appointments the Governor has ever made, and I
21 on a serious note, obviously, support what's
22 been said. I certainly can not add to it, but
23 he is a dedicated professional and our state is
24 better for him.
25 Thank you.
12290
1 THE PRESIDENT: Thank you.
2 Senator Dollinger.
3 SENATOR DOLLINGER: Madam
4 President. I think both Senator Jones, who gave
5 her views in the Finance Committee, and myself
6 find this a bittersweet vote, since Michael
7 Finnerty, while being a legend here in Albany,
8 is also a legend of sorts in Monroe County.
9 I sometimes feel like Senator
10 Jones and I have been the leading targets on
11 that dartboard he keeps in his office. In
12 November of every other year, we seem to see a
13 lot of Michael Finnerty or a lot of evidence of
14 him, and this is a bittersweet vote for us,
15 but -
16 I will say one thing on a
17 personal note. As someone whom I have been in
18 some very difficult campaign with on the other
19 side of the fence, I perhaps haven't liked what
20 he's done. I'm sure he hasn't liked necessarily
21 what I have done, but I've always found him to
22 be a man of humor and a man of political
23 insight. He's an interesting guy to sit down
24 with and have a political conversation even
25 though he may come from entirely the other side
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1 of the fence.
2 I think he's got wit. I think
3 he's got intelligence, and I think he will bring
4 an asset to the Parole Board, and the other
5 thing that's most encouraging to me today is I
6 finally figured out what he did all those
7 years. He was the senior constituent relations
8 coordinator. I have always thought he was the
9 political man, but I now know what that means.
10 Good luck, Michael.
11 THE PRESIDENT: Thank you,
12 Senator Dollinger.
13 The question is on the
14 confirmation of Michael T. Finnerty, as a member
15 of the State Parole Board.
16 All those in favor, signify by
17 saying aye.
18 (Response of "Aye.")
19 Opposed, nay.
20 (There was no response.)
21 Michael T. Finnerty is hereby
22 confirmed as a member of the State Board of
23 Parole.
24 Congratulations.
25 (Applause.)
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1 The Secretary will read, please.
2 THE SECRETARY: Member of the
3 State Board of Parole, Kenneth Graber of
4 Lancaster.
5 THE PRESIDENT: Senator Volker.
6 SENATOR VOLKER: Madam
7 President. I rise to second the nomination of
8 Ken Graber, who, very honestly, is my neighbor
9 and lives right down the street from me, whom
10 I've known for -- well, I guess for 20 years -
11 20 years or so, who is probably one of the most
12 qualified people to be appointed to the Parole
13 Board. He's been an administrative law judge
14 for I think about -- something like seventeen
15 years, if I'm not mistaken. He was also in the
16 Attorney General's Office. He's been active in
17 the community for many, many years, he and his
18 family, which is one of the more prominent
19 families in the Erie County community. He will
20 make, in my opinion -- as I said before about
21 this whole group, I think represents one of the
22 finest groups of Parole commissioners that I
23 have seen since I have been in the Senate.
24 I have no question that Ken will
25 add a great deal to the Parole Board, and that
12293
1 he will do a great job. My congratulations to
2 the Governor on this appointment, in particular,
3 and my best wishes to Ken as a member of the
4 Parole Board.
5 THE PRESIDENT: Thank you.
6 Senator Maziarz.
7 SENATOR MAZIARZ: Thank you,
8 Madam President. Just very briefly, I want to
9 say that I have known Ken Graber a long time. I
10 served with both he and his wife in the General
11 Casimer Pulaski Society in Western New York. He
12 is a fine man, a fine lawyer. He is going to do
13 a great job on the State Board of Parole.
14 Thank you.
15 THE PRESIDENT: The question is
16 on the confirmation of Kenneth Graber as a
17 member of the State Board of Parole.
18 All in favor, signify by saying
19 aye.
20 (Response of "Aye.")
21 Opposed, nay.
22 (There was no response.)
23 Kenneth Graber is hereby
24 confirmed as a member of the State Board of
25 Parole.
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1 Congratulations.
2 (Applause.)
3 The Secretary will read.
4 THE SECRETARY: Member of the
5 State Board of Parole, Lawrence P. Ibsen of
6 Bronxville.
7 SENATOR SPANO: Mr. President.
8 ACTING PRESIDENT NOZZOLIO:
9 Senator Spano.
10 SENATOR SPANO: It's my pleasure
11 to move the nomination of Larry Ibsen as member
12 of the State Board of Parole. I have had an
13 opportunity to know Mr. Ibsen for a number of
14 years. As a resident of Westchester County, he
15 is a person who has a strong background in
16 parole in working for the county of Westchester
17 for a long, long time, has distinguished himself
18 in that area, is involved in many local
19 activities, and has the temperament to serve as
20 a member of this state board.
21 And I commend the Governor for
22 this appointment and move the nomination of
23 Larry Ibsen.
24 ACTING PRESIDENT NOZZOLIO: The
25 question is on the confirmation of Lawrence P.
12295
1 Ibsen as a member of the State Parole Board.
2 All those in favor, signify by
3 saying aye.
4 (Response of "Aye.")
5 Opposed, nay.
6 (There was no response.)
7 Lawrence P. Ibsen is hereby
8 confirmed as a member of State Board of Parole.
9 Congratulations.
10 (Applause.)
11 Secretary will read.
12 THE SECRETARY: Member of the
13 State Board of Parole, Gabriel Pagan of the
14 Bronx.
15 ACTING PRESIDENT NOZZOLIO:
16 Senator Mendez.
17 SENATOR MENDEZ: Mr. President.
18 I do rise in support of the nomination of
19 Gabriel Pagan as a member of the Parole Board.
20 I have known Mr. Pagan for about
21 20 years. He has worked in that agency. He
22 knows the agency through and through.
23 Besides his professional
24 accomplishments, Mr. Pagan has been a person
25 very strongly involved in civic, religious
12296
1 organizations, doing great voluntary work not
2 only in the Bronx but also in the City of New
3 York.
4 I want to congratulate the
5 Governor not only for appointing Mr. Pagan but
6 also for appointing to this very important board
7 such a group of so highly-qualified
8 individuals.
9 So I move the nomination of
10 Gabriel Pagan, Mr. President.
11 ACTING PRESIDENT NOZZOLIO: Thank
12 you, Senator Mendez.
13 The question is on the
14 confirmation of Gabriel Pagan as member of State
15 Parole board.
16 All in favor, signify by saying
17 aye.
18 (Response of "Aye.")
19 Opposed, nay.
20 (There was no response.)
21 It gives me great pleasure in
22 hereby confirming Gabriel Pagan as member of the
23 State Board of Parole.
24 Congratulations, Mr. Pagan.
25 (Applause.)
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1 Secretary will read.
2 THE SECRETARY: Commissioner of
3 Agriculture and Markets, Donald R. Davidsen of
4 Canisteo.
5 ACTING PRESIDENT NOZZOLIO:
6 Senator Kuhl.
7 SENATOR KUHL: Yes, Mr.
8 President. It's my privilege to second the
9 nomination of Donald R. Davidsen to the position
10 of Commissioner of the Department of Agriculture
11 and Markets.
12 I have known Don for a number of
13 years, and I have seen him serve in a number of
14 capacities. Don has an education in the
15 agricultural arena. He attended the College of
16 Agriculture and Life Sciences at Cornell
17 University before he transferred to the Vet
18 College of Medicine. He graduated from that,
19 became a practicing veterinarian.
20 But he has also had an extensive
21 career in the community. He has done such
22 things as been a county coroner. He's been a
23 county legislator. He has served on a school
24 board; and, certainly, for the last nine years,
25 he's been one of our colleagues and served with
12298
1 great distinction in the Assembly.
2 Don was raised on a dairy farm in
3 Washington County. He has practiced veterinary
4 medicine in Steuben County for close to 20
5 years. He is now retired from that. He served
6 in the Air Force as an Air Force captain. So he
7 has had an extensive background.
8 I can't think of anybody who will
9 serve with greater distinction than Donald
10 Davidsen as Commissioner in the Department of
11 Agriculture and Markets. He certainly has a
12 vision. I have had the luxury -- and I say
13 truly luxury -- as having him as one of my
14 colleagues and served with him representing
15 people in Steuben and Yates and Schuyler
16 Counties, and he has truly dedicated himself to
17 their service. Whenever called upon, he was
18 always ready and willing to respond and to
19 answer.
20 He has a sensitivity, I think,
21 that a lot of our colleagues don't have. He has
22 an insight, certainly, that a lot of our
23 colleagues don't have. I hear it continually
24 from my constituents that they like Don
25 Davidsen, and they view this as an opportunity
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1 for him to really reach the pinnacle of his
2 career in public service.
3 Certainly, as many of us who have
4 served in the minority at one time or another
5 know, it's a frustrating experience to be in the
6 minority either in the Senate or in the
7 Assembly. You don't always have an opportunity
8 to impact the residents in total in this state
9 as you might in serving in the majority. So
10 this position really serves all of us well, I
11 think, in having him appointed to this
12 position. I know that he takes the opportunity
13 with a great deal of thought and certainly with
14 a great deal of obligation and a sense of
15 tremendous responsibility to do what is right
16 for agriculture in New York.
17 Agriculture certainly is a
18 predominant economic force. We have seen the
19 seams of our communities in Upstate New York
20 unraveling because of the tremendous pressures
21 on the farms. There isn't a person that I know
22 of in this state who has the experience, the
23 intellect, the education, to be able to try to
24 solve those problems as Don Davidsen has.
25 So it's with a great deal of
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1 pleasure that I stand here before you and ask
2 all of my colleagues to join me in supporting
3 his nomination, because I truly think that if
4 there ever was hope for the people on the small
5 farms, the big farms, people involved in
6 agriculture, whether they're the employers or
7 the employees, it comes with this nomination
8 and, certainly, giving him the opportunity to
9 move agriculture back to the forefront of what
10 it once was in New York.
11 This nomination certainly is a
12 great one in my view coming from the Governor.
13 I don't think there could have been another
14 person who could have filled this role at this
15 time in this state other than Don Davidsen, so I
16 ask all of you to support him in this
17 nomination, and I move the nomination, Mr.
18 President.
19 ACTING PRESIDENT NOZZOLIO: Thank
20 you, Senator Kuhl.
21 Senator Leibell.
22 SENATOR LEIBELL: Thank you, Mr.
23 President.
24 I could not let this opportunity
25 go by without rising to comment, as my colleague
12301
1 Senator Kuhl just has, on the excellent
2 nomination we receive here today. I had the
3 chance and the good fortune over a number of
4 years to serve with "Doc" in the State
5 Assembly. We see someone who comes before us
6 today with wonderful credentials for this
7 position by training, by his experience here in
8 the Legislature, his professional background,
9 his vision and dedication, as a man of great
10 integrity who I think, as was noted, will help
11 agriculture tremendously in the State of New
12 York.
13 I would also note that for -- I
14 think for the entire Assembly, "Doc" was our
15 unpaid veterinary consultant for all of us who
16 have pets. He did a great job of it. Anytime
17 one of us had a puppy with a dry nose, we went
18 over to see "Doc". He and his wife have brought
19 great grace to the Legislature. They are
20 wonderful people, and I take great pleasure in
21 seconding this nomination today.
22 ACTING PRESIDENT NOZZOLIO: Thank
23 you, Senator Leibell.
24 Senator Volker.
25 SENATOR VOLKER: I also want to
12302
1 rise in support of Don, who as I said in -- in
2 the Finance Committee, it's another one of those
3 mixed feelings. It's great to have Don as the
4 Commissioner of Agriculture. He is a fine
5 gentleman and knows agriculture inside out, and
6 I don't think there could be a better pick by
7 the Governor; but I think the other side of the
8 coin is that, unfortunately, we won't have Don
9 as an Assemblyman, as somebody who is not only a
10 fine gentleman but somebody who represented his
11 district so well and represented Western New
12 York so well. It's a great appointment. I know
13 he will do a great job, but I personally will
14 miss Don out on the hustings as the saying goes,
15 but -- but I know he will do well, and I wish
16 him the very best.
17 ACTING PRESIDENT NOZZOLIO: Thank
18 you, Senator Volker.
19 Senator Wright.
20 SENATOR WRIGHT: Thank you, Mr.
21 President.
22 I, too, rise to second the
23 nomination of Don Davidsen. I represent an area
24 that is probably the heart of the North Country
25 in terms of agriculture, and I'm very pleased to
12303
1 have the Governor nominate an individual of the
2 caliber of Don Davidsen.
3 I think anyone who had the
4 opportunity yesterday to watch the Commissioner
5 designee address the questions that were being
6 posed to him at the Agriculture Committee knows
7 full well his understanding of the issue, the
8 breadth of knowledge that he brings, the unique
9 perspective that he brings, having been both a
10 practicing veterinarian as well as a member of
11 the legislative body here in the Capitol, and I
12 think that's a unique combination.
13 So I, too, rise to second the
14 nomination and look forward to working with
15 Commissioner Davidsen and wishing him the best
16 of luck from the agricultural North Country.
17 ACTING PRESIDENT NOZZOLIO: Thank
18 you, Senator Wright.
19 Senator Saland.
20 SENATOR SALAND: Thank you, Mr.
21 President. I, too, rise in support of Don
22 Davidsen, a former colleague when I had the
23 opportunity, as many of us did in this house, to
24 serve in what our colleague Senator Velella
25 called "the big house."
12304
1 I would submit that Don Davidsen
2 would be an excellent nomination to any
3 position. He is a talented very, very well
4 qualified individual; and beyond his
5 qualifications particularly for Ag and Markets,
6 he's just an extraordinarily decent human being.
7 It's my pleasure as a former
8 colleague and a member of this house to join in
9 moving your nomination, and wish you nothing but
10 the best. You deserve it. We deserve you, and
11 the people of the State of New York will be well
12 served by you.
13 ACTING PRESIDENT NOZZOLIO: Thank
14 you, Senator Saland.
15 Senator Larkin.
16 SENATOR LARKIN: Thank you, Mr.
17 President.
18 I rise to second the nomination
19 of Don Davidsen as Commissioner of Ag and
20 Markets. Those of us who had the privilege of
21 working with Don as a member of the Assembly, we
22 were always cognizant of the fact that he was
23 concerned about every issue that ever came up on
24 the table, and, you know, when you look at the
25 Ag and Markets, as Senator Kuhl alluded to so
12305
1 far before, those of us who have ag districts in
2 our communities and have the wide breadth of
3 what agriculture to this state means, the
4 Governor had to find somebody who could commit
5 himself, not part time, not half time, but 150
6 percent of the time. His selection and
7 nomination of Don Davidsen sends a clear
8 indication to the farm community of the State of
9 New York that we will have somebody at the helm
10 who's going to be responsible to whatever area
11 of interest you have.
12 I can tell you, Mr. Davidsen,
13 that the members of my community, the farm
14 community and the business community, were
15 elated when they received copies of your
16 nomination and your background, and I'm very
17 proud to stand here and say I look forward to
18 many, many years of your success and many, many
19 years of success for the ag business in the
20 State of New York under your leadership.
21 ACTING PRESIDENT NOZZOLIO: Thank
22 you, Senator Larkin.
23 Senator Seward.
24 SENATOR SEWARD: Thank you, Mr.
25 President.
12306
1 I, too, am honored and privileged
2 to rise and second the nomination of Don
3 Davidsen to be the Commissioner of the
4 Department of Agriculture and Markets. He is
5 our good friend and colleague.
6 Even in tough times, agriculture
7 remains our state's largest industry and there
8 are many, many challenges that are being faced
9 by the agricultural community in these days;
10 however, I am fully confident with Don
11 Davidsen's background both in agriculture and in
12 public service and government that he is the
13 right man in the right job to assist the
14 agricultural community and the state as a whole
15 in meeting the challenges that confront them.
16 So I'm very pleased to second the
17 nomination of Don Davidsen who has my
18 enthusiastic support.
19 ACTING PRESIDENT NOZZOLIO: Thank
20 you, Senator Seward.
21 The question is on the
22 confirmation of Donald R. Davidsen as
23 Commissioner of Agriculture and Markets.
24 All in favor, signify by saying
25 aye.
12307
1 (Response of "Aye.")
2 Opposed, nay.
3 (There was no response.)
4 Donald R. Davidsen, it gives me
5 great pleasure as privilege of the chair to tell
6 you, as one who served with you for six years in
7 the Assembly, four years on the Ag Committee
8 with you as ranking member, and gives me
9 tremendous honor to hereby announce the
10 confirmation of you as New York State
11 Commissioner of Agriculture.
12 Congratulations, Don.
13 (Applause.)
14 Also congratulations to Betty.
15 Very nice honor for both of you.
16 Secretary will read.
17 THE SECRETARY: Member of the
18 Unemployment Insurance Appeal Board, Michael R.
19 Cuevas of Schenectady.
20 ACTING PRESIDENT NOZZOLIO:
21 Senator Farley.
22 SENATOR FARLEY: Thank you, Mr.
23 President.
24 It's with a great deal of
25 enthusiasm that I nominate Mike Cuevas for this
12308
1 Unemployment Insurance Appeals Board.
2 Michael Cuevas is the -- heads
3 the City Law Department in the city of
4 Schenectady, has for a number of years. I have
5 known him for a long time. I know his family.
6 He is a remarkable young man and an outstanding
7 lawyer.
8 Let me just say this. In the
9 city of Schenectady politics and the City
10 Council and Mayor and everybody, it's always
11 been a tempestuous and exciting situation and a
12 lot of really partisan sparring, but Mike
13 Cuevas, who was the counsel to the Mayor and
14 headed the city department, was respected by
15 both sides of the aisle. He is a real fine
16 human being and somebody that is extremely
17 competent. Seldom have I met a young man who is
18 so respected within the community from which he
19 comes.
20 He is not only one of the leading
21 Hispanics in our community, he is also respected
22 by all members of the bar, by the press, by
23 people on both sides of the aisle. This is a
24 terrific appointment.
25 And, Mike Cuevas, we're honored
12309
1 to have you, and I congratulate the Governor on
2 choosing this outstanding human being for this
3 important job.
4 Mike, we wish you well. I know
5 that you will serve well, and the state is
6 indeed fortunate to have you.
7 ACTING PRESIDENT NOZZOLIO: Thank
8 you, Senator Farley.
9 Senator Mendez.
10 SENATOR MENDEZ: Mr. President.
11 I also do rise to second the nomination of Mr.
12 Michael Cuevas to the position of member of the
13 Unemployment Insurance Appeals Board.
14 Mr. Cuevas is a young man, as was
15 stated before by Senator Farley, a bright -
16 very bright young lawyer; and he is, Mr.
17 President, a Puerto Rican American just like
18 me.
19 So, once more, I have to
20 congratulate the Governor for making these
21 appointments and, in this instance, two very
22 wonderful Puerto Rican men, two great
23 professionals, and that, as a Puerto Rican,
24 fills my heart with joy and contentment.
25 I know that this young man is
12310
1 going to make a great contribution in his new
2 position; and, therefore, I move his
3 confirmation.
4 ACTING PRESIDENT NOZZOLIO: Thank
5 you, Senator Mendez.
6 The question is on the
7 confirmation of Michael Cuevas as member of the
8 New York State Unemployment Insurance Appeals
9 Board.
10 All in favor, signify by saying
11 aye.
12 (Response of "Aye.")
13 Opposed, nay.
14 (There was no response.)
15 Michael Cuevas is confirmed as
16 member of the Unemployment Insurance Board.
17 Sitting with Commissioner Cuevas is his wife,
18 Judy. Congratulations to you both.
19 (Applause.)
20 Secretary will read.
21 THE SECRETARY: Member of the
22 State Council on Youth, Gerard J. Papa of
23 Brooklyn.
24 ACTING PRESIDENT NOZZOLIO:
25 Senator Saland.
12311
1 SENATOR SALAND: Mr. President.
2 Mr. Papa was considered by the Children and
3 Families Committee for the appointment to this
4 position. He certainly has an extraordinarily
5 impressive background, and the committee has
6 unanimously made the recommendation; and by
7 merely glancing at his resume and seeing not
8 only his professional background, his experience
9 but his involvement with children, it seems to
10 me that the Governor has made an excellent
11 appointment, one which the director, Director
12 Johnson, also highly recommends, as well.
13 So I would move the appointment
14 of Mr. Papa to this position.
15 ACTING PRESIDENT NOZZOLIO: Thank
16 you, Senator Saland.
17 Senator Solomon.
18 SENATOR SOLOMON: Yes, Mr.
19 President. I have known Jerry Papa for over -
20 I guess close to 20 years. He lives several
21 blocks from me. He's been involved with a
22 number of youth organizations. One notably
23 called the Flames has been highlighted on the
24 cover of New York Magazine and -
25 ACTING PRESIDENT NOZZOLIO:
12312
1 Excuse me, Senator Solomon, if you will suffer
2 an interruption.
3 (Whereupon, the gavel was used.)
4 It was getting too noisy to hear
5 you, Senator.
6 SENATOR SOLOMON: What some of
7 the people don't know, he is so dedicated to the
8 youth that he actually gave up a position as a
9 tax lawyer on Wall Street to dedicate himself to
10 some of the youth activities as a nonsalaried
11 individual in Brooklyn, to serve with these
12 individuals, and, in fact, he has really made a
13 mark for himself in the communities that he has
14 served in my area, in Brooklyn, and I am more
15 than happy to second his nomination.
16 ACTING PRESIDENT NOZZOLIO: Thank
17 you, Senator Solomon.
18 The question is on the
19 confirmation of Gerard J. Papa as member of the
20 State Council on Youth.
21 All in favor, signify by saying
22 aye.
23 (Response of "Aye.")
24 All opposed, nay.
25 (There was no response.)
12313
1 Gerard J. Papa is hereby
2 confirmed as a member of the State Council on
3 Youth.
4 Secretary will read.
5 THE SECRETARY: Member of the New
6 York Job Development Authority, David H.
7 Feinberg of New York City.
8 SENATOR LEICHTER: Mr. President.
9 ACTING PRESIDENT NOZZOLIO:
10 Senator Leichter.
11 SENATOR LEICHTER: Yes, Mr.
12 President. On the nomination, I asked in the
13 Finance Committee that Mr. Feinberg appear
14 before the Finance Committee. I made the same
15 request for Charles E. Dorkey and also Anthony
16 H. Gioia, and my comments will now also pertain
17 to those two nominees.
18 The reason that I asked that they
19 appear before the Finance Committee is because
20 it is my understanding that all three of them
21 are actively engaged in raising money for
22 Governor Pataki. Now, there's nothing wrong in
23 the fact that these three individuals have also
24 in past years made substantial contributions to
25 the Governor, and I think we ought to be very
12314
1 clear what the issue is because in the Finance
2 Committee, although I thought I was clear,
3 obviously I wasn't because people focused on the
4 wrong issue.
5 Let's be clear what the two
6 issues are. One issue is whether people are
7 being appointed to high government posts solely
8 and exclusively because of their political
9 activity and/or fund giving or raising. That
10 deals with the qualification of these candidates
11 and, frankly, in this administration, I think we
12 have seen an excess of people who come before us
13 and whose resume is chock full of their
14 political activity for the Republican Party and
15 Governor Pataki.
16 But that's not the issue in
17 regard to these three people. Although they
18 have given substantially to the Governor, I
19 would vote -- I would vote to confirm them
20 except for the second issue, which is a separate
21 issue, which is the issue I raised and which is
22 the issue which needs to be considered; that is,
23 that these people are being appointed to a very
24 sensitive, powerful, economic body.
25 This particular nomination I
12315
1 believe is as a member of the New York Job
2 Development Authority. The others are to the
3 Board of Directors of the New York State Science
4 and Technology Foundation. Both of these bodies
5 make substantial economic grants. They give
6 money. They give contracts.
7 Moreover, it's my understanding
8 that both the Job Development Authority and the
9 New York State Science and Technology Foundation
10 are going to be folded into one super economic
11 agency that's going to be called the Empire
12 Development Corporation, really the successor or
13 the new name for the Urban Development
14 Corporation.
15 Now, to appoint people to that
16 economically sensitive body and not to know
17 whether they're going to continue their fund
18 raising activities, to my mind, is a lack of or,
19 if you will, is really an abdication of our
20 responsibility to see that the public interest
21 is protected.
22 I called one of these nominees,
23 Anthony Gioia. I found him a very engaging
24 person. But he told me when I asked him, "Mr.
25 Gioia, if you are confirmed in this position,
12316
1 will you pledge to discontinue any political
2 fund raising?" He said to me, "Senator, I can't
3 say that. I will talk to some people. I will
4 get back to you." He has not.
5 I have not heard from the other
6 two people; and, as I said, they did not appear
7 before the committee. They did not make a
8 statement as to whether they are going to
9 continue their fund raising activities.
10 I think that we're seeing,
11 unfortunately, here a pattern of putting members
12 of the Pataki Finance Committee in these
13 positions that enhance their fund raising
14 capability. In some ways, it's -- to quote
15 Willie Sutton in another context, maybe "that's
16 where the money is"; and if that's why they are
17 being appointed and if that's what they are
18 going to be doing, it is absolutely wrong; and
19 we should not act on these nominations until we
20 know they will give up their fund raising
21 activities.
22 Now, earlier this summer, there
23 was an incident in Saratoga, a fund raiser, that
24 was chaired by the person who is the acting head
25 of the Racing and Wagering Board; and at that
12317
1 time, when it was publicly disclosed and
2 criticized, the Governor stated that top people
3 in his administration will no longer engage in
4 fund raising, but we have never seen anything in
5 writing. There's no rules. There's no
6 guidelines. We don't know who's covered, and we
7 don't know the extent or the inclusiveness of
8 this prohibition.
9 Just very recently, the press
10 secretary of Charles Gargano, who is head of
11 this particular authority, stated and was quoted
12 in the paper as stating in regard to Mr.
13 Gargano's fund raising activities that he would
14 not engage -- and I want to -- bear with me just
15 a moment while I find the exact statement, but
16 it was to the effect that he would not engage
17 "in an official capacity." I don't know what
18 that means.
19 Does that mean that instead of
20 using the title of Commissioner when calling
21 people to raise money, he is going to say I'm
22 Ambassador Gargano or I'm Charles Gargano? What
23 does it mean "official capacity"? I asked his
24 press secretary for clarification. I haven't
25 received it. Does it mean he's going to engage
12318
1 in fund raising in an unofficial capacity. I
2 think it's absolutely wrong for the head of
3 economic development in the State of New York to
4 be engaged in fund raising.
5 And these three nominees that I'm
6 questioning, they are going to be on that same
7 board. They have extensive powers; and if they
8 are going to engage in political fund raising,
9 it is against the public interest. It will lead
10 to conflict of interest. It should not be done,
11 and I think that we have a responsibility to be
12 more than just rubber stamps.
13 I agree there's a great deference
14 to be given to a governor, and you have seen me
15 oppose Governor Cuomo when I thought that that
16 deference should not been given because the
17 nominee was not either qualified or for some
18 other reason should not be confirmed.
19 And I'm asking you not to vote
20 them down at this time. Lay this aside. Bring
21 these three people before us. Get an answer to
22 the question, "Are you going to engage in
23 political fund raising?" If the three of them
24 say, "I will not engage in political fund
25 raising" while I hold these positions, I will
12319
1 join you in voting for their confirmation. I
2 may differ with them politically, but I think
3 under those circumstances the Governor is
4 entitled to have his nominees confirmed. But if
5 they are going to engage in fund raising, it's
6 wrong. It's a misuse, and at that point we have
7 to say, no, that can not occur.
8 Now, some people may say, "You
9 are being partisan. Didn't other governors also
10 have some of their commissioners engage in fund
11 raising?" Yes, they did. But I must say I have
12 not seen such a single-minded focus in any other
13 administration in putting people who are
14 politically active in high government positions
15 as I have with the Pataki administration.
16 And I criticized Governor Carey
17 at a time when he had a picture of himself and
18 the four legislative leaders. Some of you may
19 remember. I joined you in criticizing Governor
20 Cuomo when he used so-called public service
21 announcements which really were a way of getting
22 his name out. Last year, I publicly criticized
23 Vince Tese when two UDC employees ghost wrote a
24 book for Governor Cuomo, and I went to John Daly
25 who was then the chairman of the Corporation
12320
1 Committee, and I said, "You ought to hold
2 hearings on it. It's wrong."
3 So I'm not being partisan. I'm
4 saying that we as Senators have a
5 responsibility, and I think to have those three
6 people in view of their active political work,
7 in view of their fund raising activity, and in
8 view of the positions that they are being
9 appointed to without knowing the key answer,
10 "Are you going to give up all political fund
11 raising?" without knowing that, we should not
12 act on those nominations.
13 Now, all I asked the Finance
14 Committee was lay it aside until these three
15 people can come before us, or let them make a
16 written statement. Let them call me or other
17 members of the committee and state what their
18 position is, and then we can act on it, but I
19 urge you not to act on it today. If you are
20 going to force this issue through, I will vote
21 against them because I think the public deserves
22 to know that the people who hold high government
23 office and posts, and posts economically so
24 powerful, will not use those posts in any way to
25 engage in political fund raising.
12321
1 ACTING PRESIDENT NOZZOLIO:
2 Senator Stafford.
3 SENATOR STAFFORD: Mr.
4 President. We had this discussion in the
5 Finance Committee; and as I pointed out there,
6 we can debate campaign financing and there will
7 be many people on many, many sides of the issue,
8 because there are more than two sides, but,
9 today, we have before us people who have been
10 nominated, they are capable, they want to be
11 involved. And I think we have to be very
12 careful if we say, "If you're working with us
13 well, that you can't be involved in the
14 political process."
15 I only emphasize that if we are
16 to say that you can't been involved, you know,
17 we're infringing upon their freedom as a matter
18 of fact, and we will find there are many
19 nominated who don't contribute. Some do, some
20 don't. All of us would rather have people
21 involved in the political system.
22 Yes, we can debate about changing
23 it. As I say, those debates are going to be
24 ongoing; but, today, we have three people who
25 have been pointed out here today who are in
12322
1 non-paying positions, one who has been confirmed
2 before, and we have people, again, who have had
3 their backgrounds checked. They want to be
4 involved. They are concerned. I think they are
5 good candidates, and I think here today we're
6 talking about these nominations, not how
7 campaigns are financed.
8 ACTING PRESIDENT NOZZOLIO: Thank
9 you, Senator Stafford.
10 The question is on the
11 confirmation of David Feinberg, member of the
12 New York Job Development Authority.
13 All in favor, signify by saying
14 aye.
15 (Response of "Aye.")
16 Opposed, nay.
17 (Response of "Nay.")
18 The ayes have it.
19 SENATOR LEICHTER: Mr. President.
20 ACTING PRESIDENT NOZZOLIO:
21 Senator Leichter.
22 SENATOR LEICHTER: I would like
23 to be recorded as voting against this
24 nomination.
25 ACTING PRESIDENT NOZZOLIO: The
12323
1 record will so reflect.
2 SENATOR DOLLINGER: Mr.
3 President. I would join Senator Leichter in
4 voting in the negative.
5 ACTING PRESIDENT NOZZOLIO: The
6 record will so reflect. Senator Leichter and
7 Senator Dollinger recorded as voting against.
8 Secretary will read.
9 THE SECRETARY: Member of the
10 Board of Directors of the New York State Science
11 and Technology Foundation, the Reverend Calvin
12 O. Butts, III, of New York City.
13 ACTING PRESIDENT NOZZOLIO: The
14 question is on the confirmation of Calvin Butts,
15 III, as member of the Board of Directors of the
16 New York State Science and Technology
17 Foundation.
18 All in favor, signify by saying
19 aye.
20 (Response of "Aye.")
21 Opposed, nay.
22 (There was no response.)
23 Reverend Butts is confirmed as a
24 member of the Board of the New York Science and
25 Technology Foundation.
12324
1 Secretary will read.
2 THE SECRETARY: Member of the
3 Board of Directors of the New York State Science
4 and Technology Foundation, Charles E. Dorkey of
5 New York City.
6 ACTING PRESIDENT NOZZOLIO: The
7 question is on the confirmation of Charles E.
8 Dorkey as a member of the Board of Directors of
9 the New York State Science and Technology
10 Foundation.
11 All in favor, signify by saying
12 aye.
13 (Response of "Aye.")
14 Opposed, nay.
15 (Response of "Nay.")
16 SENATOR LEICHTER: Mr. President.
17 ACTING PRESIDENT NOZZOLIO:
18 Senator Leichter.
19 SENATOR LEICHTER: Will the
20 record show that for the reason I stated
21 previously that I will vote against the
22 confirmation of Mr. Dorkey.
23 ACTING PRESIDENT NOZZOLIO: The
24 record will so reflect.
25 Senator Dollinger.
12325
1 SENATOR DOLLINGER: I join in the
2 sentiments expressed by Senator Leichter, and I
3 will also be voting in the negative.
4 ACTING PRESIDENT NOZZOLIO: The
5 record will so reflect.
6 Charles Dorkey has been confirmed
7 as a member of the Board of Directors of the New
8 York State Science and Technology Foundation.
9 Secretary will read.
10 THE SECRETARY: Member of the
11 Board of Directors of the New York State Science
12 and Technology Foundation, David H. Feinberg of
13 New York City.
14 ACTING PRESIDENT NOZZOLIO:
15 Question is on the confirmation of David
16 Feinberg as a member of the Board of Directors
17 of the New York State Science and Technology
18 Foundation.
19 All in favor, signify by saying
20 aye.
21 (Response of "Aye.")
22 Opposed, nay.
23 (Response of "Nay.")
24 Senator Leichter, and Senator
25 Dollinger -
12326
1 SENATOR LEICHTER: For the
2 reasons previously stated, you will record me in
3 the negative on this nomination.
4 SENATOR DOLLINGER: Likewise, Mr.
5 President.
6 ACTING PRESIDENT NOZZOLIO: -
7 will be recorded in the negative.
8 David Feinberg is confirmed as a
9 member of the Board of Directors of the New York
10 Science and Technology Foundation.
11 Secretary will read.
12 THE SECRETARY: Member of the
13 Board of Directors of New York Science and
14 Technology Foundation, Anthony H. Gioia of
15 Buffalo.
16 ACTING PRESIDENT NOZZOLIO: The
17 question is on the confirmation of Anthony Gioia
18 as member of the Board of Directors of the New
19 York State Science and Technology Foundation.
20 All in favor, signify by saying
21 aye.
22 (Response of "Aye.")
23 Opposed, nay.
24 (Response of "Nay.")
25 Senator Leichter.
12327
1 SENATOR LEICHTER: Yes, Mr.
2 President. Will you again vote me in the
3 negative for the reasons previously stated.
4 ACTING PRESIDENT NOZZOLIO:
5 Record will reflect.
6 Senator Dollinger.
7 SENATOR DOLLINGER: Likewise, Mr.
8 President.
9 ACTING PRESIDENT NOZZOLIO:
10 Record will reflect.
11 Anthony Gioia is hereby confirmed
12 as a member of the Board of Directors of the New
13 York State Science and Technology Foundation.
14 Secretary will read.
15 THE SECRETARY: Member of the
16 Finger Lakes State Park, Recreation and Historic
17 Preservation Committee, Beverly C. Anania of
18 Geneva.
19 ACTING PRESIDENT NOZZOLIO: The
20 question is on the confirmation of Beverly -
21 Senator Leichter.
22 SENATOR LEICHTER: Yes, Mr.
23 President. Very briefly on the nomination.
24 I'm going to vote against this
25 particular nomination and, for one -- I'm
12328
1 sorry. I'm going to yield to Senator Rath. Did
2 you want to speak on the nomination?
3 SENATOR RATH: Yes, Senator
4 Leichter.
5 SENATOR LEICHTER: All right.
6 Let me yield to you, and then I will explain my
7 reasons for voting against it.
8 ACTING PRESIDENT NOZZOLIO:
9 Senator Rath.
10 SENATOR RATH: Yes, Mr.
11 President. I would like to speak on behalf of
12 Beverly Anania today. Beverly Anania is someone
13 I have known briefly for three, four, five
14 years, and I know her as someone deeply
15 committed to her community, someone whose roots
16 go very far and very deep into the community
17 that she's being asked to serve and be part of,
18 and I think that the contributions that she can
19 make to the Finger Lakes State Park, Recreation
20 and Historic Preservation Commission will be
21 those as a community activist and someone whose
22 care will be forthright and outstanding in this
23 kind of service, and I would like to second her
24 name for the nomination.
25 ACTING PRESIDENT NOZZOLIO: Thank
12329
1 you, Senator Rath.
2 Senator Leichter, on the
3 nomination.
4 SENATOR LEICHTER: Yes, Mr.
5 President. I'm going to oppose Beverly Anania.
6 She's not being appointed to a powerful economic
7 position. The reason I'm going to oppose her is
8 for the first of the issues that I said that we
9 have to face. One is, is the person qualified
10 or is it solely a political appointment? The
11 second issue which we dealt with, with the other
12 three, is, are we creating a possible conflict
13 of interest because of their continuing fund
14 raising activity?
15 But I thought what was really
16 telling about this nominee is, in her resume,
17 she attached a page saying, "I have raised money
18 for seven candidates," and she lists the
19 candidates and very proudly her political fund
20 raising activity. Now, you know, when you
21 submit a resume, you put in there what you hope
22 is going to catch the eye of the hiring or, in
23 this instance, the appointing authority, and
24 it's going to be something that is going to
25 appeal to them.
12330
1 I think maybe the cat is out of
2 the bag that the way to get an appointment to
3 these commissions and authorities and bodies is
4 to show how active you have been in raising
5 money for Republican candidates. If that's what
6 she thinks is her qualification. It tells me
7 enough that I will not vote to confirm her.
8 ACTING PRESIDENT NOZZOLIO: The
9 question is on the confirmation.
10 SENATOR DOLLINGER: Mr.
11 President.
12 ACTING PRESIDENT NOZZOLIO:
13 Senator Dollinger.
14 SENATOR DOLLINGER: Just one
15 brief agreement, concurrence with my colleague,
16 Senator Leichter. I agree with his evaluation
17 of the first three candidates. This candidate,
18 as I think the resume suggests, these are
19 political appointments to government jobs. What
20 I think has happened as the resume suggests is
21 that the person applying assumes that they are
22 totally political jobs; and I think when you
23 list all the candidates that you have been doing
24 fund raising for as your qualification, you
25 suggest that the only thing that's important is
12331
1 your politics and not your government experience
2 or, for that matter, the benefits that you can
3 bring to government.
4 I agree with Senator Leichter
5 that this one seems to cross a line. I know
6 that there was another nominee we did a long
7 time ago, early in the spring, who when seeking
8 one of the highest ranking positions in this
9 state happened to include right at the top of
10 his resume that he had raised money for the
11 Republican Party, and I suggested at the time
12 that if that's the one thing you put on your
13 resume, that's the one thing you think is the
14 most important qualification.
15 And I suggest with this nominee
16 the suggestion that the most important
17 qualification is that you raise money for
18 candidates is not the qualification for this
19 job. Senator Rath may be correct. This person
20 may bring good experience, may bring important
21 experience; but from their point of view, they
22 thought their political involvement was more
23 important than that experience; and I suggest
24 that that's a bit wrong-headed and it's
25 wrong-headed for this state to seem to rely on
12332
1 that criteria more than other more appropriate
2 criteria.
3 So I will be voting with Senator
4 Leichter in the negative on this nomination.
5 ACTING PRESIDENT NOZZOLIO:
6 Senator Kuhl.
7 SENATOR KUHL: Yes, Mr.
8 President. Not to belabor this particular
9 nomination, but I think if the record did not
10 reflect that I know this individual as I know
11 you do, and this individual is a constituent of
12 yours, Senator Nozzolio, and we have, I know,
13 worked with this individual not only in a
14 political arena but certainly in a number of
15 other community kinds of positions, and to allow
16 the record to reflect that there seems to be
17 some opposition because one of the things that
18 this individual has done is to be supportive of
19 candidates who happen to be in control of this
20 administration would be absolutely wrong.
21 Beverly Anania is one terrific,
22 one tremendously outstanding individual. To
23 have her put her application in to take a
24 position that is non-paying, to take up the time
25 to try to contribute to the environment of our
12333
1 community, I think, speaks for itself. I
2 welcome her opportunity, coming through this
3 nomination. I support her nomination, and I
4 think that she will be one terrific contributing
5 member of the Finger Lakes Parks Commission.
6 It's one of those thankless jobs
7 where there isn't enough money to do everything
8 you want. You've got to come up with new kinds
9 of avenues to support a park system that is in
10 need of repair that prior administration left in
11 need of repair, and I think to take on that task
12 speaks noble of the person itself, and I think
13 the record should reflect that.
14 And I move the nomination.
15 ACTING PRESIDENT NOZZOLIO: Thank
16 you, Senator Kuhl.
17 The question is on the nomination
18 of Beverly C. Anania as a member of the Finger
19 Lakes Park Commission, Recreation and Historic
20 Preservation Committee.
21 All in favor, signify by saying
22 aye.
23 (Response of "Aye.")
24 All opposed, nay.
25 (Response of "Nay.")
12334
1 Senator Leichter.
2 Gives me pride in announcing the
3 confirmation of Beverly C. Anania as a member of
4 Finger Lakes State Park, Recreation and Historic
5 Preservation Committee.
6 Secretary will read.
7 Record will reflect Senator
8 Dollinger is in the negative.
9 THE SECRETARY: Member of the
10 Genesee State Park State Park, Recreation and
11 Historic Preservation Committee, Peter G.
12 Humphrey of Warsaw.
13 ACTING PRESIDENT NOZZOLIO:
14 Question is on the confirmation of Peter G.
15 Humphrey as a member of the Genesee State Park,
16 Recreation and Historic Preservation Committee.
17 All in favor, signify by saying
18 aye.
19 (Response of "Aye.")
20 Those opposed, nay.
21 (There was no response.)
22 Peter G. Humphrey has been
23 confirmed as member of the Genesee State Park,
24 Recreation and Historic Preservation Committee.
25 Secretary will read.
12335
1 THE SECRETARY: Member of the
2 Long Island State Park, Recreation and Historic
3 Preservation Committee, Howard C. DeMartini of
4 Sayville.
5 ACTING PRESIDENT NOZZOLIO: The
6 question is on the confirmation of the Howard C.
7 DeMartini as member of the Long Island State
8 Park, Recreation and Historic Preservation
9 Committee.
10 All in favor, signify by saying
11 aye.
12 (Response of "Aye.")
13 Opposed, nay.
14 (There was no response.)
15 Howard C. DeMartini has been
16 confirmed as a member of the Long Island State
17 Park, Recreation and Historic Preservation
18 Committee.
19 Secretary will read.
20 THE SECRETARY: Director of the
21 New York State Urban Development Corporation,
22 the Reverend Calvin O. Butts, III, of New York
23 City.
24 ACTING PRESIDENT NOZZOLIO: The
25 question is on the confirmation of the Reverend
12336
1 Calvin Butts as Director of the New York City
2 Urban Development Corporation.
3 All in favor, signify by saying
4 aye.
5 (Response of "Aye.")
6 Opposed, nay.
7 (There was no response.)
8 Yes, Senator Montgomery.
9 SENATOR MONTGOMERY: I would like
10 to speak on this nomination.
11 ACTING PRESIDENT NOZZOLIO: On
12 the confirmation. Senator Montgomery.
13 SENATOR MONTGOMERY: On the
14 confirmation. I happen to know Reverend Butts
15 very well, and I think that his name and work
16 precedes him, certainly, in a very important and
17 meaningful way as it relates to especially
18 children and especially people who don't have a
19 voice in communities.
20 Reverend Butts has been for many
21 years a very outspoken advocate on behalf of
22 children. He is a member of the National Black
23 Child Development Institute and has hosted any
24 number of meetings regarding issues related to
25 what happens to juveniles, what is happening to
12337
1 young people in the school system, what is
2 happening to children in child care, foster
3 care, and a whole range of issues related to
4 children.
5 And Reverend Butts also is a very
6 brave, courageous and outspoken advocate on
7 behalf of young people as it relates to their
8 moral standards. He does not simply speak about
9 it from his position as a religious leader, he
10 gets out in the streets and organizes people and
11 proceeds to take action against what he views as
12 the corrupting evils for young people in the
13 City of New York.
14 He is also a leader as it relates
15 to the economic revitalization of East Harlem.
16 I only wish that Reverend Butts were in
17 Brooklyn, but, nonetheless, I benefit from his
18 work because wherever he is able to influence
19 what happens in a positive way to people, it
20 also is good for me, and it's good for my
21 community.
22 So I am very, very proud and
23 pleased to be able to stand here and speak to
24 the nomination and confirmation of Reverend
25 Butts. I think he will bring a tremendous
12338
1 degree of skill, but, more importantly, vision
2 and determination to this important economic
3 development agency of the state.
4 So I wholeheartedly vote for him
5 and appreciate the fact that he will be in a
6 position to help people in an even more
7 significant way as director of UDC.
8 Thank you.
9 ACTING PRESIDENT NOZZOLIO:
10 Senator Paterson.
11 SENATOR PATERSON: Thank you, Mr.
12 President. I'm only sorry that Reverend Butts
13 is not here at the moment to hear the kind words
14 that Senator Montgomery bestowed upon him. He
15 actually grew up in Queens, New York, got his
16 bachelor of arts from Morehouse College and
17 eventually his Doctor of Divinity at Drew
18 University.
19 He has led the fight around New
20 York City against negative advertising on
21 billboards and also negative stereotyping in the
22 music industry. For this, he has undergone
23 great criticism and has stood fast to his
24 principles and his points of view. In fact, he
25 is so principled, I was thinking maybe we should
12339
1 have a rider on this nomination that he be
2 compelled to raise money for somebody, because
3 usually his interests lie in the development of
4 housing in the greater Harlem area, the outreach
5 of his Church the Abyssinian Baptist Church
6 where he is the Pastor -- and I see I'm getting
7 a lot of sympathy and understanding about my
8 ideas here that we compel our nominees to act.
9 Also, Reverend Butts is one who
10 has distinguished himself for a number of years
11 on taking the difficult positions on a lot of
12 social issues, in many ways bringing to light
13 issues such as police brutality and
14 discrimination in employment which have
15 previously not been addressed.
16 So I am very pleased to lend my
17 voice to Senator Montgomery as one who is very
18 pleased to see him not only serving on the Urban
19 Development Corporation but also on the Science
20 and Technology Board. It is a great tribute to
21 the Governor that he thought of this nomination.
22 ACTING PRESIDENT NOZZOLIO:
23 Question is on the confirmation of the Reverend
24 Calvin Butts as Director of the New York State
25 Urban Development Corporation.
12340
1 All in favor, signify by saying
2 aye.
3 (Response of "Aye.")
4 Opposed, nay.
5 (There was no response.)
6 Reverend Butts is hereby
7 confirmed.
8 The Secretary will read.
9 THE SECRETARY: Member of the
10 Dormitory Authority, Gail Hill Gordon of
11 Slingerlands.
12 ACTING PRESIDENT NOZZOLIO:
13 Question is on the confirmation of Gail Hill
14 Gordon as a member of the Dormitory Authority.
15 All in favor, signify by saying
16 aye.
17 (Response of "Aye.")
18 Opposed, nay.
19 (There was no response.)
20 Gail Hill Gordon is hereby
21 confirmed as a member of the Dormitory
22 Authority.
23 Secretary will read.
24 THE SECRETARY: Public member of
25 State Banking Board, Peter M. Ryan of Larchmont.
12341
1 ACTING PRESIDENT NOZZOLIO:
2 Question is on the confirmation of Peter M. Ryan
3 as member of the State Banking Board.
4 All in favor, signify by saying
5 aye.
6 (Response of "Aye.")
7 Opposed, nay.
8 (There was no response.)
9 Peter M. Ryan is hereby
10 confirmed.
11 Secretary will read.
12 THE SECRETARY: Member of the
13 Niagara Frontier Transportation Authority, David
14 N. Greenfield of Lockport.
15 ACTING PRESIDENT NOZZOLIO:
16 Question is on the confirmation of David
17 Greenfield as member of the Niagara Frontier
18 Transportation Authority.
19 All in favor, signify by saying
20 aye.
21 (Response of "Aye.")
22 Opposed, nay.
23 (There was no response.)
24 David Greenfield is hereby
25 confirmed as a member of the Niagara Frontier
12342
1 Transportation Authority.
2 Secretary will read.
3 THE SECRETARY: Member of the
4 Metropolitan Transportation Authority, Rudy
5 Washington of Laurelton.
6 ACTING PRESIDENT NOZZOLIO:
7 Senator Smith.
8 SENATOR SMITH: Thank you, Mr.
9 President.
10 I rise to second the nomination
11 of Rudy Washington for the member of the
12 Metropolitan Transit Authority.
13 Mr. Washington is a lifetime
14 resident of the County of Queens, has been an
15 active participant in all phases of civic
16 activities and now honors us by serving as the
17 Commissioner of Business Development Services
18 for the City of New York.
19 Mr. Washington has been a
20 dedicated person to all phases of the community,
21 starting from his college days when he served
22 with children who were in day care, and keeping
23 that commitment serving as chairman of the
24 board -
25 ACTING PRESIDENT NOZZOLIO:
12343
1 Pardon me, Senator Smith. Will you suffer an
2 interruption?
3 (The gavel was sounded.)
4 Thank you, Senator.
5 SENATOR SMITH: Thank you.
6 -- until the time that he took on
7 the commissionership of the Business Development
8 Services Agency. Rudy Washington is also a
9 businessman and understands the plight of
10 businesses and of people and will be a dedicated
11 servant for all of us on the Metropolitan
12 Transit Authority, and he reminded us yesterday
13 that he still rides the subways which is
14 important, because we need someone who
15 understands the system, and he made a commitment
16 to us that he will attend the board meetings,
17 and that is most important to us because we have
18 not had members of the board participating,
19 especially at public hearings.
20 I have told him that if he does
21 not attend, I will picket his house and I will
22 get some of my colleagues to join me, and I
23 don't think he'd want to have that, but I thank
24 the Governor for making a wise choice and even
25 the Mayor of the City of New York for putting
12344
1 forth the name of Rudy Washington, who will be a
2 fine public servant.
3 Thank you.
4 ACTING PRESIDENT NOZZOLIO: Thank
5 you, Senator Smith.
6 Senator Montgomery.
7 SENATOR MONTGOMERY: Yes, thank
8 you, Mr. President.
9 I just want to join Senator Smith
10 in commending the Governor on this appointment,
11 as well. I met Rudy Washington recently. I'm
12 only sorry that he decided at some significant
13 point in his life to become a Republican; but,
14 nonetheless, he is a young, committed person and
15 has proven that in his capacity as Commissioner
16 of Economic Development in the City of New York.
17 So I am happy that the Governor
18 has seen fit to put him on the Board of the
19 MTA. I believe that as a present Queens'ite and
20 as a person who rides the subway so he uses
21 public transportation, he will stand up for the
22 interests of other people, other citizens in New
23 York, most of the other citizens in New York, in
24 fact, who also use public transportation.
25 So I am happy to also second this
12345
1 nomination. Thank you, Mr. President.
2 ACTING PRESIDENT NOZZOLIO: The
3 question is on the confirmation of Rudy
4 Washington as a member of the Metropolitan
5 Transportation Authority.
6 All in favor, signify by saying
7 aye.
8 (Response of "Aye.")
9 Opposed, nay.
10 (There was no response.)
11 Rudy Washington is hereby
12 confirmed.
13 Secretary will read.
14 THE SECRETARY: Non-voting member
15 of the Metropolitan Transportation Authority,
16 Joseph Rutigliano, of Holtsville.
17 ACTING PRESIDENT NOZZOLIO: The
18 question is on the confirmation of Joseph
19 Rutigliano as a non-voting member of the
20 Metropolitan Transportation Authority.
21 All in favor, signify by saying
22 aye.
23 (Response of "Aye.")
24 Opposed, nay.
25 (There was no response.)
12346
1 Joseph Rutigliano is hereby
2 confirmed.
3 Secretary will read.
4 THE SECRETARY: Deputy
5 Comptroller for the City of New York, Rosemary
6 Scanlon, of Brooklyn.
7 ACTING PRESIDENT NOZZOLIO: The
8 question is on the confirmation of Rosemary
9 Scanlon as Deputy Controller for the City of New
10 York.
11 All in favor, signify by saying
12 aye.
13 (Response of "Aye.")
14 Opposed, nay.
15 (There was no response.)
16 Rosemary Scanlon is hereby
17 confirmed as Deputy Controller for the City of
18 New York.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President.
21 Is there any housekeeping at the desk?
22 ACTING PRESIDENT NOZZOLIO:
23 There's some motions, yes.
24 Senator Present.
25 SENATOR PRESENT: Mr. President.
12347
1 I wish to call up my bill, Print 469, recalled
2 from the Assembly, which is now at the desk.
3 ACTING PRESIDENT NOZZOLIO:
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 20, by Senator Present, Senate Print 469, an act
7 to amend the Public Authorities Law, in relation
8 to creating the Alfred, Almond Hornellsville
9 Sewer Authority.
10 SENATOR PRESENT: Mr. President.
11 I move to reconsider the vote by which this bill
12 was passed.
13 ACTING PRESIDENT NOZZOLIO: The
14 Secretary will call the roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 54.
18 ACTING PRESIDENT NOZZOLIO: The
19 bill is before the house.
20 Senator Present.
21 SENATOR PRESENT: Mr. President.
22 I now offer the following amendments and move to
23 discharge from Committee on Rules Assembly Print
24 1671A.
25 ACTING PRESIDENT NOZZOLIO:
12348
1 Amendments received and adopted.
2 SENATOR PRESENT: And substitute
3 it for my identical bill.
4 ACTING PRESIDENT NOZZOLIO:
5 Substitution ordered.
6 SENATOR PRESENT: Mr. President.
7 I now move that the substituted Assembly bill
8 have its third reading at this time.
9 ACTING PRESIDENT NOZZOLIO:
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 20, by Member of the Assembly Davidsen, Assembly
13 Print 1671A, an act to amend the Public
14 Authorities Law and the Executive Law, in
15 relation to creating the Alfred, Almond
16 Hornellsville Sewer Authority.
17 ACTING PRESIDENT NOZZOLIO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT NOZZOLIO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 54.
25 ACTING PRESIDENT NOZZOLIO: The
12349
1 bill is passed.
2 Senator Farley.
3 SENATOR FARLEY: Thank you, Mr.
4 President.
5 I wish to call up Senator
6 Stafford's bill, 3312, having passed both houses
7 and not delivered to the Governor.
8 ACTING PRESIDENT NOZZOLIO:
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 928, by Senator Stafford, Senate Print 3312, an
12 act to amend the Tax Law, in relation to
13 authorizing the County of Washington to allocate
14 certain proceeds from the tax on mortgages.
15 SENATOR FARLEY: I don't know why
16 that wasn't delivered. Anyway, Mr. President, I
17 now move that we reconsider the vote by which
18 this bill was passed, and I ask that the bill be
19 restored to the order of third reading.
20 ACTING PRESIDENT NOZZOLIO: The
21 Secretary will call the roll on reconsideration.
22 (The Secretary called the roll on
23 reconsideration.)
24 THE SECRETARY: Ayes 54.
25 ACTING PRESIDENT NOZZOLIO: The
12350
1 bill is before the house.
2 Senator Farley.
3 SENATOR FARLEY: Mr. President.
4 I now offer the following amendments and I move
5 to recommit this bill.
6 ACTING PRESIDENT NOZZOLIO:
7 Amendments received. Recommitted.
8 SENATOR FARLEY: Mr. President.
9 On behalf of Senator Johnson, I wish to call up
10 his bill, Print Number 4648, recalled from the
11 Assembly, which is now at the desk.
12 ACTING PRESIDENT NOZZOLIO:
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 1369, by Senator Johnson, Senate Print 4648, an
16 act in relation to authorizing, Harry S. Reik to
17 purchase certain retirement service credit.
18 SENATOR FARLEY: Mr. President.
19 I move to reconsider the vote by which this bill
20 was passed and I ask that the bill be restored
21 to the order of third reading.
22 ACTING PRESIDENT NOZZOLIO: The
23 Secretary will call the roll on reconsideration.
24 (The Secretary called the roll on
25 reconsideration.)
12351
1 THE SECRETARY: Ayes 54.
2 ACTING PRESIDENT NOZZOLIO: The
3 bill is before the house.
4 Senator Farley.
5 SENATOR FARLEY: Thank you. I
6 now move to recommit Senate Print Number 4648,
7 Calendar Number 1369, on the order of the third
8 reading to the Committee on Civil Service and
9 Pensions with instructions to this committee to
10 strike out the enacting clause.
11 ACTING PRESIDENT NOZZOLIO: The
12 bill is recommitted with enacting clause
13 stricken.
14 Senator Tully.
15 SENATOR TULLY: Yes, Mr.
16 President. I have a privileged resolution at
17 the desk. May I have the title read, please.
18 ACTING PRESIDENT NOZZOLIO:
19 Secretary will read.
20 THE SECRETARY: By Senator Tully,
21 Legislative Resolution, commemorating October
22 19, 1995, as National Mammography Awareness Day
23 in the State of New York.
24 SENATOR TULLY: Yes, thank you,
25 Mr. President.
12352
1 My colleagues, on Thursday,
2 October 19, 1995, New Yorkers will join with
3 Americans in other states as we celebrate
4 National Mammography Awareness Day. As many of
5 you know, breast cancer will strike an estimated
6 182,000 women and 1,000 men in the United States
7 in 1995. Education, self-detection and
8 mammography are currently the best weapons in
9 the fight against breast cancer.
10 New York State is one of the
11 leaders in the battle against breast cancer, and
12 I'm glad to say that most of the legislation in
13 the fight against breast cancer originated in
14 this house.
15 On Thursday, October 19, National
16 Mammography Awareness Day, we seek to call
17 attention to the benefits of mammography and
18 inform even more people that early detection is
19 the best protection.
20 At this time, Mr. President, I
21 would like to open this resolution to my
22 colleagues for sponsorship, and it might be
23 appropriate to include all unless otherwise
24 indicated.
25 Thank you.
12353
1 ACTING PRESIDENT NOZZOLIO: Thank
2 you, Senator Tully.
3 Senator Skelos, do you wish for
4 every member to be added?
5 SENATOR SKELOS: Unless they the
6 notify desk, otherwise all members with the
7 consent of the Minority, will be put on the
8 resolution.
9 Would you please recognize
10 Senator Paterson.
11 ACTING PRESIDENT NOZZOLIO:
12 Question is on the resolution.
13 All in favor, signify by saying
14 aye.
15 (Response of "Aye.")
16 Opposed, nay.
17 (There was no response.)
18 The Resolution is adopted.
19 Senator Paterson.
20 SENATOR PATERSON: Mr.
21 President. I believe I have a privileged
22 resolution at the desk.
23 ACTING PRESIDENT NOZZOLIO: Yes.
24 SENATOR PATERSON: I would like
25 the title read and waive the rest of the
12354
1 reading.
2 ACTING PRESIDENT NOZZOLIO:
3 Secretary will read.
4 THE SECRETARY: By Senator
5 Paterson, Legislative Resolution, honoring
6 Grambling State University Coach Eddie Robinson
7 as America's Winningest Football Coach.
8 SENATOR PATERSON: Thank you, Mr.
9 President.
10 Just this past week, Eddie
11 Robinson, who for 54 years has been the coach of
12 football at Grambling State University won his
13 400th game. This is more than Bobby Bowden from
14 Florida State or Joe Paterno from Penn State or
15 Bear Bryant from Alabama or Pop Warner or even
16 Senator Stachowski's old coach, Amos Alonzo
17 Stagg.
18 This achievement comes to an
19 individual whose motto is that he had one job
20 and one wife and that he was the only child of a
21 share cropper years ago and came to Grambling
22 State University and led them to all of these
23 victories.
24 His record of 400 victories, 145
25 losses and 15 ties, stands alone in the annals
12355
1 of college football history. He has been a
2 coach of 200 professional and countless All
3 American athletes. He is an individual who also
4 is known for his virtuous conduct and his
5 outstanding achievements off the field and his
6 role model to all children of America.
7 I had the privilege ten years ago
8 of sitting next to him at a dinner. My
9 assistant and I found him to be as warm an
10 individual as we ever met; and at this time,
11 commemorating his 400th victory in his 54 years
12 of service, we wanted to pause in our
13 deliberations to recognize that great
14 achievement.
15 ACTING PRESIDENT NOZZOLIO: Thank
16 you, Senator Paterson.
17 The question is on the
18 resolution.
19 All in favor, signify by saying
20 aye.
21 (Response of "Aye.")
22 Opposed, nay.
23 (There was no response.)
24 The Resolution is adopted.
25 Senator Santiago.
12356
1 SENATOR SANTIAGO: Mr.
2 President. I believe I have a privileged
3 resolution at the desk.
4 ACTING PRESIDENT NOZZOLIO: Yes,
5 you do.
6 Secretary will read.
7 THE SECRETARY: By Senator
8 Santiago, Legislative Resolution, commemorating
9 the 60th anniversary of the Lycee Francais de
10 New York.
11 ACTING PRESIDENT NOZZOLIO:
12 Senator Santiago on the resolution.
13 SENATOR SANTIAGO: I move for its
14 adoption.
15 ACTING PRESIDENT NOZZOLIO: The
16 question is on the resolution.
17 All in favor, signify by saying
18 aye.
19 (Response of "Aye.")
20 Opposed, nay.
21 (There was no response.)
22 The Resolution is adopted.
23 Senator Skelos.
24 SENATOR SKELOS: Mr. President.
25 I believe there is a report of the Rules
12357
1 Committee at the desk. I ask that it be read.
2 ACTING PRESIDENT NOZZOLIO:
3 Secretary will read.
4 THE SECRETARY: Senator Bruno
5 from the Committee on Rules reports the
6 following bills:
7 Assembly Print 8228, by the
8 Assembly Committee on Rules, an act to amend the
9 Retirement and Social Security Law and others,
10 relating to the promotion of the health and
11 efficiency of policemen in certain cities.
12 Assembly Print 8201, by the
13 Assembly Committee on Rules, an act in relation
14 to collective bargaining between the Unified
15 Court System and the New York State Court Clerks
16 Association.
17 Senate Print 5320, by Senator
18 Connor, an act to amend the General City Law,
19 the Real Property Tax Law, the Tax Law, Chapter
20 772 of the Laws of 1966, relating to enabling
21 any city having a population of one million or
22 more to raise tax revenue.
23 Senate Print 5423, by Senator
24 Connor, an act to amend the Real Property Tax
25 Law, in relation to tax abatements and making
12358
1 certain technical changes relating thereto.
2 And, Senate Print 5537, by the
3 Senate Committee on Rules, an act to amend the
4 Real Property Tax Law, in relation to exemption
5 from local taxation of accessory parking in new
6 multiple dwellings.
7 All bills ordered directly for
8 third reading.
9 SENATOR BRUNO: Mr. President. I
10 move we accept the report of the Rules
11 Committee.
12 ACTING PRESIDENT NOZZOLIO: All
13 those in favor of accepting the report of the
14 Rules Committee, signify by saying aye.
15 (Response of "Aye.")
16 Opposed, nay.
17 (There was no response.)
18 The report is accepted.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President.
21 At this time, if we could take up Calendar
22 Number 1617, A.8201.
23 ACTING PRESIDENT NOZZOLIO:
24 Secretary will read.
25 THE SECRETARY: Calendar Number
12359
1 1617, by the Assembly Committee on Rules,
2 Assembly Print 8201, an act in relation to
3 collective bargaining between the Unified Court
4 System and the New York State Court Clerks
5 Association.
6 ACTING PRESIDENT NOZZOLIO: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT NOZZOLIO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 54.
14 ACTING PRESIDENT NOZZOLIO: The
15 bill is passed.
16 Senator Bruno.
17 SENATOR BRUNO: Can we at this
18 time take up Calendar 1608.
19 ACTING PRESIDENT NOZZOLIO:
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 1608, by the Assembly Committee on Rules,
23 Assembly Print 8228, an act to amend the
24 Retirement and Social Security Law and others,
25 relating to the promotion of the health and
12360
1 efficiency of policemen in certain cities.
2 ACTING PRESIDENT NOZZOLIO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT NOZZOLIO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 54.
10 ACTING PRESIDENT NOZZOLIO: The
11 bill is passed.
12 SENATOR BRUNO: Mr. President.
13 Can we at this time take up Calendar 1631.
14 ACTING PRESIDENT NOZZOLIO: There
15 have been some negatives on the other bill.
16 Would those who were voting negative, please
17 raise their hands.
18 Clerk will announce the results.
19 THE SECRETARY: Ayes 53. Nays
20 1. Senator Paterson recorded in the negative.
21 ACTING PRESIDENT NOZZOLIO:
22 Secretary will read Calendar Number 1631.
23 THE SECRETARY: Senator Bruno
24 moves to discharge from the Committee on Rules
25 Assembly Bill Number 8319 and substitute it for
12361
1 the identical Calendar Number 1631.
2 ACTING PRESIDENT NOZZOLIO:
3 Substitution ordered.
4 THE SECRETARY: Calendar Number
5 1631, by the Assembly Committee on Rules,
6 Assembly Print 8319, an act to amend the Real
7 Property Tax Law, in relation to exemption from
8 local taxation of accessory parking in new
9 multiple dwellings.
10 ACTING PRESIDENT NOZZOLIO: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT NOZZOLIO: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT NOZZOLIO:
18 Record the negatives.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 1631 are
21 Senators Leichter, Montgomery and Stavisky.
22 Ayes 51. Nays 3.
23 ACTING PRESIDENT NOZZOLIO: The
24 bill is passed.
25 Senator Bruno.
12362
1 SENATOR BRUNO: Mr. President.
2 Can we now call up calendar 1603.
3 ACTING PRESIDENT NOZZOLIO:
4 Secretary will read.
5 THE SECRETARY: Senator Bruno
6 from the Committee on Rules moves to discharge
7 Assembly Bill Number 8028 and substitute it for
8 the identical Calendar Number 1603.
9 ACTING PRESIDENT NOZZOLIO:
10 Substitution ordered.
11 Read the last section.
12 Explanation is asked for.
13 Read the bill.
14 THE SECRETARY: Calendar Number
15 1603, by the Assembly Committee on Rules,
16 Assembly Print 8028, an act to amend the General
17 City Law and others, in relation to rebates of
18 charges for energy in revitalization areas.
19 SENATOR CONNOR: Mr. President.
20 ACTING PRESIDENT NOZZOLIO:
21 Senator Connor.
22 SENATOR CONNOR: Thank you, Mr.
23 President. This bill in a nutshell is the
24 so-called "Lower Manhattan Revitalization Bill,"
25 and it contains a number of features designed to
12363
1 deal with the situation which may or may not
2 surprise some of my colleagues who haven't been
3 down in the Wall Street area in sometime.
4 Once upon a time, many years ago,
5 I started work after I got out of school on Wall
6 Street. It was indeed the financial capital of
7 not only New York but the world. We have heard
8 expressions like the canyons of Wall Street.
9 You have streets down there like Broad Street,
10 Broadway, the Stock Exchange is still there,
11 John Street, so on and so forth, that once
12 housed virtually the entire insurance industry,
13 all the largest law firms, the accounting firms
14 and the brokerage and other financial
15 institutions as well as banks.
16 Lower Manhattan, the Wall Street
17 area, has in recent years been experiencing
18 somewhere in the order of 20 percent vacancy
19 rate, 20 to 30 percent. It varies. Indeed,
20 virtually half of the commercial leases in that
21 area will expire within the next nine months to
22 a year. Overall assessed value has -- of the
23 property down there and we're talking of
24 commercial property -- has decreased 28.6
25 percent as opposed to an 8 percent decrease in
12364
1 the rest of Manhattan. It's no secret, these
2 firms have moved to New Jersey, Connecticut,
3 elsewhere in the country. Technology has made
4 it no longer necessary that all these financial
5 services and related services be within a few
6 blocks so that transactions, messages, and so
7 on, can be transmitted by messenger.
8 This proposal grew out of an
9 effort involving many of the large real estate
10 owners in Lower Manhattan, the Mayor's office,
11 the City Council, to put together a
12 comprehensive package to do two things: Retain
13 -- retain existing tenants who employ people,
14 obviously, and to attract hopefully new
15 tenants.
16 You may say, come on, where is
17 Manhattan -- in the present day market, where is
18 Lower Manhattan going to get anybody to move
19 in? The fact is Manhattan has been experiencing
20 an inflow of small companies in the multimedia,
21 computer technology areas, companies who have
22 once thought to have been founded out in the
23 plains of Montana, except they found out the
24 only problem with being there is you're in
25 Montana. It's real hard to find somebody else
12365
1 in your field to sit down and have a cup of
2 coffee with or a glass of wine and exchange the
3 kind of creative ideas that produce the joint
4 ventures and the so on and so forths of these
5 entrepreneurs who are the Bill Gateses of our
6 economy. They have been moving into Manhattan
7 into inadequate space, into lofts and so on in
8 other parts of Manhattan.
9 So part of this plan is directed
10 towards making some of these buildings so-called
11 smart; in other words, revising decades old
12 buildings, renovating them so that they have the
13 kind of wiring and infrastructure that supports
14 the new technology era.
15 How does the bill do this?
16 Really, through a series of tax
17 abatements and energy rebates. The design
18 being, in a nutshell, to make the commercial
19 rents attractive and affordable. Unlike many
20 other tax abatement programs, the principal
21 benefits in the commercial area here do not
22 inure to the owner. Oh, yes, maybe their
23 building will be worth more some day, but the
24 direct benefits are passed through to the
25 commercial tenants, and there are requirements
12366
1 as to percentages of the assessed value that has
2 to be increased by renovation, and there are
3 also caps in terms of certain companies will be
4 required to take five-year leases, others
5 ten-year leases, mainly to make sure no one
6 moves in and gobbles up the benefits and
7 disappears from the employees.
8 So unlike some other programs,
9 there are some safeguards here. There are some
10 incentives to ensure that we're talking about
11 employment.
12 The bill also contains provisions
13 recognizing the inevitable that the literally
14 tens of thousands of square feet of office space
15 in Lower Manhattan simply, no matter what we do,
16 will never be filled with commercial tenants.
17 So there is a provision for some conversion to
18 residential property with a tax abatement
19 program. However, that is capped. All of the
20 buildings in Lower Manhattan can't suddenly
21 become luxury housing. There is a percentage
22 cap on that.
23 It's a thoughtful program. It's
24 one we must try because, indeed, in the rest of
25 the world, in the rest of the country, there's
12367
1 still that image of the Wall Street area.
2 One example, there is a building
3 across the street and a block down from the New
4 York Stock Exchange, a very large, tall office
5 building -- I forget, 100-and-some thousand
6 square feet -- that has been vacant for five
7 years, totally vacant for five years.
8 Some people say, well, but do you
9 know what? If you give these tax abatements,
10 the City will lose money in tax revenue. And I
11 point out, the City supports this. It has a
12 home rule message. It comes from the City. The
13 City supports it.
14 Yes, but the City is already
15 losing millions of dollars in revenue by the
16 constantly decreasing assessed value on
17 buildings like that that are unoccupied, so to
18 the extent that there is a pass-through, also
19 the assessed value -- the idea of this is also
20 to raise the assessed value by giving these
21 abatements and passing them through to the
22 tenants by creating occupancy. So all in all I
23 think it's a fair measure.
24 There have been amendments to it
25 that have addressed some of the concerns that
12368
1 people had in terms of some of the bad
2 experiences we've had in the past with tax
3 abatement incentive programs, really designed to
4 make sure, one, the benefits go to the tenants
5 that employ people; two, designed to make sure
6 they employ people. There's a program basically
7 for companies with less than 50 employees and
8 companies with more than 50 employees that will
9 go in there; and we have to try this because
10 with the expiring leases in the next year, the
11 whole Wall Street area is in grave danger of
12 becoming a ghost town, a town of literally tall
13 office towers totally empty, which is not good
14 for New York City. It's not good for the State
15 of New York. We just have to make this
16 attractive for some tenants.
17 So I would urge -- I think all of
18 you received a memo. I mean there are many
19 detailed provisions.
20 I will be happy to answer
21 questions; but that, in summary, is what this
22 bill does and what its motivation and intent
23 is.
24 Thank you, Mr. President.
25 ACTING PRESIDENT NOZZOLIO:
12369
1 Senator Leichter.
2 SENATOR LEICHTER: Mr.
3 President. I'm chagrined to be in disagreement
4 with my distinguished leader, my good friend
5 Senator Connor.
6 SENATOR CONNOR: Don't worry
7 about it.
8 SENATOR LEICHTER: Well, I did
9 overcome the diffidence that I had, Senator, but
10 I must disagree with you, and I appreciate that
11 this is a bill developed really by the City of
12 New York and particularly by the real estate
13 industry.
14 Now, there is no question that
15 Lower Manhattan has a problem. The issue is
16 whether this bill addresses that problem, is
17 going to cure it, and there's also a question of
18 how the problem came about.
19 Now, the cost of the programs
20 that we're talking about are very expensive.
21 The cost of these abatements and exemptions is
22 $354.1 million over a period of seven years.
23 That's a lot of money for the City of New York,
24 and I think the question is, is this money being
25 well spent?
12370
1 Now, Lower Manhattan, as Senator
2 Connor rightly points out, has a vacancy rate.
3 It's a vacancy rate of 25.6 percent. Midtown
4 has a vacancy rate of 13.7 percent. There are
5 business areas in the City of New York where the
6 vacancy rate is even greater. Maybe if you go
7 to the South Bronx, if you go to the Rockaways,
8 if you go to other areas -- Senator Velella is
9 nodding his head and he knows his district, but
10 there are many areas in the City of New York
11 where there are high vacancy rates where we wish
12 the economic activity was more vibrant, but we
13 have chosen Lower Manhattan to be the recipient
14 of this governmental largesse, and I would go
15 along with it.
16 I would go along with it if it
17 could be shown that this was going to cure the
18 problem of Lower Manhattan. Now, to me, the
19 appalling and the astounding fact is that all of
20 the supporters of this bill -- and there are
21 some very strong organizations, including, of
22 course, the City of New York, backing this
23 bill. I have asked, "Show me one study, one
24 survey that will prove or at least indicate that
25 if we put this amount of money into commercial
12371
1 modernization and residential conversion that
2 we're actually going to create the jobs that are
3 being claimed, that we're going to get a good
4 return for the public investment." You know
5 what? There isn't one survey. They haven't
6 made one market study.
7 They haven't even made a market
8 study of the firms that are presently there
9 whose the leases are expiring and where Senator
10 Connor expressed the concern that they may move
11 out of the City. I must say not to have some
12 evidence that this program is going to work, to
13 my mind is astounding and appalling, and it just
14 means that the proponents of this legislation
15 have not met the burden of showing that this
16 sort of public investment is going to produce
17 commensurate benefits.
18 I think one of the things that
19 we've got to look at, what is really the problem
20 of Lower Manhattan? First of all, the real
21 difficulty is and when the problems of Lower
22 Manhattan started is government involvement.
23 It's government building in Lower Manhattan.
24 The real decline started when the World Trade
25 Center was put up and emptied a lot of the
12372
1 buildings that Senator Connor now pointed to.
2 You may remember at that time the World Trade
3 Center had difficulty attracting tenants. In
4 fact, Nelson Rockefeller baled them out to some
5 extent and moved in state agencies, but they
6 also emptied a lot of businesses from the
7 buildings that had been there; and over the
8 years, government has continued that.
9 We put up Battery Park City. Do
10 you know what happened when Battery Park City
11 was put up? We created millions of square feet
12 of space. American Express, for one, moved out
13 of offices that they had in Lower Manhattan and
14 moved to the World Trade Center.
15 But it goes beyond that. The
16 City of New York through various retention deals
17 has actually helped companies move out of Lower
18 Manhattan. Some of the instances of that was
19 Donaldson, Lufkin and Jenrette, which moved a
20 lot of office workers and gave up space in Lower
21 Manhattan, moved to 270 Broadway. There were
22 other retention deals. C.S. First Boston, they
23 were given money to move out of Lower Manhattan
24 and to move to the Met Life Building and Chase
25 was given a lot of government support to move
12373
1 jobs to Metro-Tech in Brooklyn.
2 So one of the real difficulties
3 we have or one of the reasons for the difficulty
4 that we have is that government has involved
5 itself and government as entered actively into
6 moving jobs out of Lower Manhattan.
7 The other reason that there is a
8 problem in Lower Manhattan is there has been
9 overbuilding by developers. Do you know how
10 much office space has been put up in New York
11 City and primarily in Manhattan in the last ten
12 years? Fifty-three million square feet between
13 1980 and 1991 and much of that was in Lower
14 Manhattan. The actual figures on that are -
15 and I think it's significant -- 55 buildings
16 were completed uptown and 26 were completed
17 downtown; 24,642,000 square feet of office space
18 was built downtown.
19 Speculators went in, doing I
20 guess what speculators do. There's nothing
21 wrong with being a speculator; but if you
22 speculate, sometimes you may find that your
23 investment doesn't turn out to be particularly
24 profitable. So some of the empty buildings that
25 Senator Connor is talking about were put up by
12374
1 people who had those rosy glasses that many
2 people had in the 1980s, and they built and they
3 built and they built. Now, they come to the
4 Legislature, they come to the City of New York
5 and say bail us out.
6 This is a problem that was
7 created by the real estate industry. I think
8 it's a problem that they have to solve. Are we
9 every time that some company makes a mistake in
10 judgment, every time that you have some over
11 construction, is it the responsibility of the
12 State of New York to come in and bail those
13 people out?
14 You know, I'm amused by the fact
15 that this has the support of, apparently, the
16 Majority, people who believe in the free market,
17 who are always saying let the market determine.
18 Well, the market has determined. I have no
19 problem, by the way, with what's called
20 industrial policy. I have no difficulty with
21 government going in and helping out if it's
22 going to work. I would support this bill if I
23 thought it was going to work.
24 That brings me to the third
25 reason that there has been a decline in economic
12375
1 activity in Lower Manhattan, and that is the
2 changes in the economy, the technological
3 revolution, the fact that you can conduct
4 business in South Dakota as easily, in some
5 respects, as you can if you are opposite 40 Wall
6 Street. These are economic trends and forces
7 that there's no way that I think we can reverse;
8 and by saying we're going to create some cheaper
9 space and that's going to create businesses, I
10 just don't think it's going to work.
11 And, as I pointed out before,
12 there is no study that says, yes, we've gone to
13 Frankfort, Germany, we've gone to Tokyo, we've
14 gone to New Jersey, we've gone to Chicago, and
15 we know there's 20 firms that will move into
16 Lower Manhattan.
17 I'll tell you who may move to
18 Lower Manhattan are firms that are in Midtown
19 because now the rent is going to be cheaper, and
20 you may suck firms out of the other boroughs.
21 Now, I know Senator Connor said, yes, but there
22 are protections in this bill. But let me tell
23 you, the protections are not going to work.
24 First of all, they don't work because if there
25 is a firm that does want to move into New York,
12376
1 it's more likely now if this bill passes with
2 these benefits to move to Lower Manhattan. I
3 grant that may well be so, but doesn't that
4 discriminate against other areas of the City?
5 Doesn't that discriminate against the Bronx,
6 Queens, Brooklyn, which are also trying to
7 attract businesses which also have high
8 vacancy?
9 But it's not going to work for a
10 second reason because the amount of surveillance
11 and check that would have to be made to
12 determine that a firm that has moved from
13 Brooklyn into one of these converted buildings
14 actually came from Brooklyn. What do you do?
15 You just change the name. Or if you have a law
16 firm that's a merger of two law firms, one came
17 from Midtown and one came from Brooklyn, how are
18 you going to handle this? Do you think the New
19 York City Finance Department is really going to
20 be able to check on that? Of course not.
21 So I don't think that this plan
22 is going to bring jobs into Lower Manhattan that
23 are not presently in New York. It's just not
24 going to attract them.
25 But let me tell you what I think
12377
1 this bill is really about. I don't think it's
2 about commercial revitalization. What this bill
3 is about is residential conversion. That gives
4 me a lot of problems. That gives me a lot of
5 problems.
6 Why should we subsidize the
7 conversion of commercial space to residential
8 space which is going to be luxury housing? This
9 is going to rent inevitably well above $2,000 a
10 month an apartment. Senator Bruno, who I
11 understand was worried about some of the aspects
12 of rent regulations, is not going to have to
13 worry because under the rent laws those
14 buildings are not going to be controlled
15 anyhow.
16 Clearly, the aim of many of the
17 developers here is going to be creating
18 residential housing. Donald Trump, who either
19 has bought or is about to buy 40 Wall Street -
20 it's the seven tallest building in the world,
21 and he is saying I'm going to build -- to create
22 beautiful condos; and if you've ever been to 40
23 Wall Street, it has a spectacular view. That's
24 great. Let Donald Trump do that. I think
25 that's fine, but should it be done with my
12378
1 taxpayer's money? Should government fund that?
2 I find no justification for that whatsoever.
3 Also, one of the effects of the
4 conversion of the commercial space to
5 residential is that in that area 4 to 5 percent
6 of the commercial space is industrial space,
7 industrial jobs, some of the areas of Lower
8 Chinatown and so on. It's not great space, but
9 it happens to be occupied. It happens to be
10 creating jobs. Now, you are providing an
11 incentive for taking that space and converting
12 it into residential.
13 I submit there are things that
14 can be done for Lower Manhattan. I'm not
15 suggesting ignore Lower Manhattan. Let the
16 market take care of it. There's nothing
17 government can do. I think there are things
18 that can be done.
19 I think the City can use the
20 power of zoning. I think there are things that
21 can be done in transportation. I think there
22 are things that can be done in quality of life
23 that will help Lower Manhattan and that the City
24 should do and, in fact, they are part of the
25 plan. What I object to are the tax abatements
12379
1 and the tax exemption, particularly and
2 especially when there is no showing that this in
3 any way is going to enhance and increase
4 economic, commercial economic activity and when
5 I see that we are subsidizing luxury housing.
6 For that reason, I think this
7 particular bill is a mistake, and I would urge
8 its defeat.
9 SENATOR CONNOR: Mr. President.
10 ACTING PRESIDENT NOZZOLIO:
11 Senator Connor.
12 SENATOR CONNOR: Thank you, Mr.
13 President.
14 Let it be recorded -- Senator
15 Bruno. Mr. President. Let it be recorded in
16 the annals of the State Senate that there came a
17 day, once upon a time, when Senator Leichter
18 rose and urged that we let the market take its
19 course, and Senator Connor answered and said,
20 "No, no, no, taxes are too high; let's lower
21 them."
22 (Laughter.)
23 What have we come to? But an
24 honest debate among fellow conservatives is
25 always in order in the Senate.
12380
1 (Laughter.)
2 Senator Leichter, I understand
3 you are saying the problem there is the market,
4 but I'm saying the problem is the government.
5 The taxes were too high there. That's why
6 people went to South Dakota because the rent was
7 cheaper in South Dakota. One of the factors -
8 two of the majority factors are energy costs and
9 -- let me point out something. The rest of New
10 York City has been relieved from the burden of
11 the commercial occupancy tax. Manhattan north
12 of 96th Street -- 96th Street -- has been
13 relieved of the burden of the commercial
14 occupancy tax, the commercial rent tax.
15 Lower Manhattan is still under
16 it. This would provide relief, the same relief
17 the rest of the city got from this tax.
18 Senator Bruno looks confused
19 about this. You have to be enjoying this,
20 Senator.
21 And, in fact, Senator Leichter
22 says, "Where is the study?" Well, we've all
23 seen studies and reports and false promises in
24 paper. The people in this business, in this
25 real estate market, got together with their
12381
1 consultants and devised this because they
2 believe it works, and they are the people that
3 have to go out and sell. They're the people who
4 have to go out and sign those leases, sign up
5 those tenants with these employees, and they
6 believe it will work, and I say give them a
7 chance.
8 Senator Leichter would say, but
9 all this government money gone. Three hundred
10 and some million dollars is a pittance compared
11 to what's been lost in the decreased assessed
12 value because of the vacancy rate, because of
13 the unattractiveness of these buildings, because
14 they are not renovated. They are not wired;
15 they are not smart buildings. They're not ready
16 for occupancy by the kind of commercial tenants
17 that we still have a chance to attract in New
18 York City.
19 As Senator Leichter pointed out,
20 the idea is not to attract tenants from the
21 other boroughs. They wouldn't be covered by
22 this program.
23 This also, I would point out, of
24 the six major features offers two of them to all
25 the boroughs in the City of New York, which is
12382
1 something that was put in when they modified the
2 bill. That safeguard about attracting
3 businesses from other boroughs was designed to
4 protect, among other things, developments like
5 Metro-Tech like downtown Brooklyn. I represent
6 downtown Brooklyn, as well. If I thought we
7 were going to suck in business from downtown
8 Brooklyn, I would have to do my math. I think
9 it's 55 percent Brooklyn, 45 percent Manhattan,
10 in the votes, but I am confident that that's not
11 what this program is. That's not who the target
12 is.
13 And I think that the market -
14 the market, Senator Leichter. The market says
15 you can't have all that commercial space. Some
16 will have to be converted to residential.
17 That's just facing facts. Some of the buildings
18 are not suitable for conversion, for renovation
19 to modern office space, modern commercial
20 space.
21 I think, on balance, this is a
22 fair effort. Frankly, if the people who put
23 this together, the people who renovate the
24 buildings, the people who rewire them, make them
25 smart, can't go out and sell, can't get tenants,
12383
1 can't sign up leases, remember the abatement is
2 going. The benefits can only be passed through
3 to the tenants. They will fail. The government
4 won't be in for a lot. Literally, the owner, if
5 they misjudge the market that badly will be out
6 of business. Not a good development, though.
7 Not good for the City. But, you know, the City
8 will be in no worse position than it was before
9 it started.
10 So I would urge everyone,
11 seriously, to vote yes because I think we do
12 have to do this. We've done some similar
13 things, some similar things for other boroughs,
14 that are in this bill; and I think Lower
15 Manhattan needs this shot in the arm to bounce
16 back.
17 Thank you, Mr. President.
18 ACTING PRESIDENT NOZZOLIO:
19 Senator Leibell.
20 SENATOR LEIBELL: Thank you, Mr.
21 President.
22 When this legislation came before
23 us in June, Senator Bruno and I had expressed
24 some concerns regarding some provisions of the
25 original bill.
12384
1 I understand now that the Mayor
2 has contacted us and cleared up this concern,
3 and I would like to have the opportunity, if I
4 might, to just read in the Mayor's letter, Mayor
5 Giuliani's letter to Senator Bruno, dated August
6 16, this year.
7 Dear Senator Bruno: "I am
8 writing as a follow-up to our conversation
9 regarding passage of the Lower Manhattan
10 legislation. In our discussion, you asked that
11 the legislation be amended to insure that any
12 residential units created as a result of the
13 legislation are subject to the most current rent
14 stabilization laws of the state. I have
15 discussed this matter with the drafters of the
16 legislation and with the Commissioner of the
17 Department of Housing Preservation and
18 Development (HPD), the City agency responsible
19 for implementing the residential conversion
20 program proposed in the legislation. The City's
21 intention has always been that dwelling units
22 and property receiving benefits under the
23 residential conversion program, bill Section 14,
24 and the mixed use program, bill Section 15,
25 would be subject to rent stabilization to the
12385
1 same extent as but to no greater extent than
2 other rent-regulated property. Any provision of
3 law that generally exempts any housing
4 accommodation from rent stabilization would
5 apply as well to dwelling units in property
6 receiving benefits under the aforementioned
7 program; thus, the provisions of the Rent
8 Regulation Reform Act of 1993 that provide for
9 the exclusion of high rent accommodation and for
10 high income rent decontrol would apply to
11 property receiving benefits under the program
12 created by the Lower Manhattan legislation. Any
13 future amendments to the Rent Stabilization Law
14 would also apply to these properties. The City
15 agencies responsible for administering the
16 residential conversion and mixed use programs
17 will promulgate rules that reflect our intention
18 to apply the Rent Stabilization Law as a whole,
19 including any provisions that exempt housing
20 accommodations from rent stabilization to
21 property receiving benefits under those
22 programs.
23 "If you have any further
24 questions regarding this matter, please do not
25 hesitate to contact me. On behalf of myself the
12386
1 business community of New York and the people of
2 New York City generally, I ask for your
3 assistance in insuring the passage of this
4 legislation at the earliest possible moment.
5 "Sincerely, Rudolph Giuliani,
6 Mayor of the City of New York."
7 Thank you, Mr. President.
8 ACTING PRESIDENT NOZZOLIO:
9 Senator Goodman.
10 SENATOR GOODMAN: Mr. President.
11 For some years before becoming a state Senator,
12 I happened to have worked in this downtown area
13 which is the subject of this bill. I worked in
14 an area which at the time was good and growing
15 and vital economically and was an economic
16 engine of considerable significance to the
17 overall economic health of the City and the
18 state.
19 In the years since and there have
20 been more than I'm readily willing to admit that
21 have elapsed, there has been an extraordinary
22 toboggan ride downward of this entire area, and
23 this has to be something of deep concern to this
24 Legislature and to anyone who cares about the
25 future of New York.
12387
1 I'm, therefore, somewhat stunned
2 to find some of the people who care most deeply
3 about New York, including my colleague Senator
4 Leichter, taking such exception to this bill
5 based on a series of hypotheses which, in my
6 opinion, are not accurate reflections of what
7 the bill will accomplish.
8 Senator Leichter, in a small
9 nutshell, this bill will reintroduce into this
10 downtown area, which is so deeply depressed and
11 countercyclically depressed, a whole series of
12 new possibilities for growth not just to act
13 like an Electrolux sucking business from midtown
14 to downtown but bringing more financial
15 businesses which would otherwise be located in
16 New Jersey or Connecticut or other nearby states
17 with more favorable tax structures, creating for
18 them the incentive to be in the downtown area
19 and to recapture some of the greatness which
20 characterized the whole Wall Street and downtown
21 business community.
22 Now, I must say that I think the
23 arguments for the bill are almost overwhelming.
24 Not only does Lower Manhattan hold a truly
25 unique place in the history of the City and the
12388
1 nation, but it does have the potential, once
2 again, to become the anchor for the whole
3 financial community of the world. This is now
4 an international financial community, and it
5 would be less than appropriate if the City of
6 New York did not reclaim its place as the focal
7 point of all of the international business for
8 which we are so notably famed but which starts
9 to slip away so rapidly in view of recent
10 events.
11 The tax abatements and
12 assessments and diminution of assessments which
13 this bill involves are tried and true methods to
14 stimulate economic activity. I would cite to
15 you some of the beneficial effects of other tax
16 stimuli which we've created in this body and the
17 enormous building and construction which has
18 emanated from those efforts on our part.
19 So that I would simply like to
20 stress that the savings associated with the
21 Lower Manhattan program would probably equal
22 about $5 a square foot based on average
23 occupancy cost spread over ten years. That
24 would narrow the cost differential between Lower
25 Manhattan and surrounding areas and provide
12389
1 prospective tenants with competitive reasons for
2 wanting to be in the Lower Manhattan area. An
3 increased tax base and the growing employment
4 picture and the creation of a multifaceted
5 24-hour downtown community are among the longer
6 term benefits which we can expect from the
7 adoption of this plan.
8 I don't think we have any
9 choice. If we don't take action of some sort
10 that's dramatic and palpable and constructive, I
11 would have to say that in my opinion we will
12 stand a serious chance of losing this precious
13 asset which means so much to all New Yorkers.
14 And I strongly urge its adoption
15 by an overwhelming vote of this body to reflect
16 both our concern and our constructive
17 involvement in the future of a healthy city.
18 ACTING PRESIDENT NOZZOLIO: Thank
19 you, Senator Goodman.
20 Senator Leichter.
21 SENATOR LEICHTER: Yes, just very
22 briefly. I wanted to say to Senator Connor that
23 when he talked about lower taxes, I thought he
24 did a very good job of reading one of Senator
25 Bruno's speeches.
12390
1 One of my colleagues came up to
2 me and asked after my strong statement in
3 support of the free market whether I would get
4 the Conservative Party endorsement. I said,
5 well, maybe. And maybe Joe Bruno, for the
6 support of this bill, will get the backing of
7 the Socialists who believe in government
8 interference and government involvement and so
9 on.
10 But in all seriousness, I
11 certainly support doing government support where
12 it's going do work; and it's for that reason I
13 really wanted to get up again because, as
14 Senator Connor pointed out, that we really had
15 in Manhattan some new businesses coming in, in
16 the Tribeca area, the multimedia. But that's
17 the point. That was done without government
18 support.
19 I happen to believe in government
20 stimulus, but I think real estate is one area
21 where government has shown itself to be
22 particularly inept. That's the point that I
23 tried to make when I talked about we financed
24 the World Trade Center, we financed Battery Park
25 City, we financed a lot of other developments in
12391
1 Lower Manhattan which, I think, have created the
2 problem, and now to say, "Well, we're going to
3 do more financing, and that's going to cure the
4 problem," I don't think it's going to work, and
5 maybe in this particular instance the free
6 market, indeed, will tell us and will guide us,
7 just as it has in the development in Tribeca and
8 in the development in SoHo.
9 Some years ago in the City of New
10 York, we were going to tear down the whole SoHo
11 area. It was called Hell's Hundred Acres, and
12 there has been a wonderful development without
13 government assistance, without government
14 interference.
15 I would just say that if the City
16 of New York has $354 million available, use it
17 overall for the whole City of New York, reduce
18 some of the taxes that are burdensome on
19 business, deal with some of the quality of life
20 and quality of business conditions such as a
21 trade work force, some of the other quality of
22 business and quality of life matters that I
23 think are a deterrence to businesses moving to
24 New York. I really think that makes much more
25 sense.
12392
1 I know this is a well-intentioned
2 bill. I appreciate Senator Connor's and other
3 people's concerns, Senator Goodman, with Lower
4 Manhattan. I just don't think that this is
5 going to work and that this is the way to go.
6 ACTING PRESIDENT NOZZOLIO:
7 Senator Bruno.
8 SENATOR BRUNO: Mr. President.
9 Just to close.
10 I want to appreciate our good
11 Senator Leichter for his comments, and it's just
12 an indication that no matter how learned or
13 intelligent you are that you are not always
14 right.
15 And, Senator Connor, I want to
16 thank you for all of your good work on behalf of
17 this legislation; and, Senator Goodman, and all
18 the others in the City that have been so
19 diligent, Senator Leibell, in helping get this
20 to the floor.
21 Mr. President. I think this is
22 an indication that people can differ. They can
23 have good, honest discussion and then, on the
24 merits, resolve their differences and go
25 forward, and I'm just as pleased as I can be to
12393
1 hear Senator Connor endorse the tax cut policies
2 that are truly economic stimulation because
3 we're going to have some other good stuff like
4 this that we're going to talk about that may
5 affect some other parts of the state as well as
6 the City; and he is absolutely right, Mr.
7 President, the bottom line will be all the
8 people of this state will prosper. So we thank
9 him for all of his good work, and all the
10 others, on this bill.
11 And I would move its adoption.
12 ACTING PRESIDENT NOZZOLIO: Thank
13 you, Senator Bruno.
14 Read the last section.
15 THE SECRETARY: Section 20. This
16 act shall take effect immediately.
17 ACTING PRESIDENT NOZZOLIO: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT NOZZOLIO:
21 Senator Stachowski.
22 SENATOR STACHOWSKI: Just to
23 explain my vote.
24 ACTING PRESIDENT NOZZOLIO:
25 Senator Stachowski to explain his vote.
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1 SENATOR STACHOWSKI: Senator
2 Bruno, before my vote is taken any way, I would
3 like to give you my position on future tax cuts,
4 but at this point in the budget process, I'm
5 prohibited from doing so.
6 Vote yes.
7 ACTING PRESIDENT NOZZOLIO:
8 Senator Stachowski, aye.
9 THE SECRETARY: Ayes 53. Nays
10 1. Senator Leichter recorded in the negative.
11 ACTING PRESIDENT NOZZOLIO: The
12 bill is passed.
13 Senator Bruno.
14 SENATOR BRUNO: Mr. President.
15 Can we now call up Calendar Number 1630.
16 ACTING PRESIDENT NOZZOLIO:
17 Secretary will read.
18 THE SECRETARY: Senator Bruno
19 moves to discharge from the Committee on Rules
20 Assembly Print 8142 and substitute it for the
21 identical Calendar Number 1630.
22 ACTING PRESIDENT NOZZOLIO:
23 Substitution so ordered.
24 THE SECRETARY: Calendar Number
25 1630, by the Assembly Committee on Rules,
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1 Assembly Print 8142, an act to amend the Real
2 Property Tax Law, in relation to tax abatements
3 and making certain technical changes relating
4 thereto.
5 ACTING PRESIDENT NOZZOLIO: Read
6 the last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect on the same date as such
9 chapter.
10 ACTING PRESIDENT NOZZOLIO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 53. Nays
14 1. Senator Leichter recorded in the negative.
15 ACTING PRESIDENT NOZZOLIO: The
16 bill is passed.
17 Senator Connor.
18 SENATOR CONNOR: Yes, Mr.
19 President. As we come to a close, you know, of
20 this mini session, I'm certainly not going to
21 make a closing speech. But on behalf of all my
22 colleagues in the Senate Democratic Conference,
23 I did want to note that our Finance Committee
24 Secretary John Quirk -- I believe today is his
25 last day of service, but he is here on the job,
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1 and he is moving on to bigger and better things
2 in the private sector, which after his many
3 years of service in the Legislature, first in
4 the Assembly and for these last -- I suppose
5 it's seven years, is it? -- as the secretary to
6 the Minority Finance Committee, so -
7 John, certainly, in my first year
8 as leader, has been of inestimable help. He's
9 been a good friend, a wise counsellor.
10 Occasionally, even, he is humorous. I know all
11 the colleagues on this side of the aisle and,
12 I'm sure all who have dealt with John will wish
13 him well in his future endeavors. I know he
14 will do well, and thank him for his past
15 efforts.
16 ACTING PRESIDENT NOZZOLIO: Thank
17 you, Senator Connor.
18 Senator Bruno.
19 Senator Connor.
20 SENATOR CONNOR: We probably
21 won't be back, we hope. There is someone who
22 served with me in this body literally every
23 moment -- we were elected on the same day
24 February 14, 1978 -- who's been a good colleague
25 and friend to all of us and particularly good
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1 friend to me, has served in a variety of
2 leadership roles in our Democratic Conference;
3 and while he faces opposition and -- you know,
4 with some Republicans here from Brooklyn, he
5 faces, I believe, opposition in the general
6 election -- it's generally acknowledged that he
7 will undoubtedly prevail and become a judge and
8 will assume the bench probably before we return
9 here.
10 So I did just want to thank
11 Senator Martin Solomon on behalf of all of us
12 for his many years of service.
13 (Applause.)
14 SENATOR SOLOMON: Thank you.
15 ACTING PRESIDENT NOZZOLIO:
16 Senator Bruno.
17 SENATOR BRUNO: Mr. President. I
18 would like to just offer my condolences to
19 Senator Connor for losing such an able
20 assistant, and I hope that you can persevere and
21 recover from this. John has really been great
22 support, and we have enjoyed the relationship as
23 well and wish you well in what you're going to
24 be doing in your life in the future, and I'm
25 sure that we will be staying in touch, I have a
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1 feeling.
2 SENATOR CONNOR: Not for a year.
3 SENATOR BRUNO: Not for a year?
4 Mr. President. It's always sad
5 when a colleague leaves to do other things even
6 if it's to be adorned by the robes that only
7 attorneys aspire to.
8 But I served with Marty when he
9 was ranking as I chaired the Insurance
10 Committee, and I can tell you that his knowledge
11 and his assistance in all the things that we
12 were doing then were invaluable to me and his
13 assistance on the floor here, whether he was for
14 or against any particular issue was extremely
15 beneficial to all the people of this state, so
16 we're going to miss him here.
17 But we wish you well, happiness
18 and good health, as you go on with your future,
19 Marty. And I have a feeling as we go forward
20 with our budgets that we'll also hear from you,
21 but hopefully not too soon.
22 Any housekeeping at the desk, Mr.
23 President?
24 ACTING PRESIDENT NOZZOLIO: There
25 is none.
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1 SENATOR BRUNO: Hearing none, I
2 would move that -- there being no further
3 business to come before the Senate that we
4 adjourn subject to the call of the Majority
5 Leader.
6 And thank you and be healthy.
7 ACTING PRESIDENT NOZZOLIO:
8 Without objection, Senate stands adjourned
9 subject to the call of the Majority Leader.
10 (Whereupon at 2:15 p.m., the
11 Senate adjourned.)
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