Regular Session - February 27, 1996
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9 ALBANY, NEW YORK
10 February 27, 1996
11 3:00 p.m.
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14 REGULAR SESSION
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18 SENATOR JOHN R. KUHL, JR., Acting President
19 STEPHEN F. SLOAN, Secretary
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1440
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order.
4 Ask the visitors to find their
5 seats, members to find their seats. Ask
6 everybody to rise and join with me in saying the
7 Pledge of Allegiance to the Flag.
8 (The assemblage repeated the
9 Pledge of Allegiance to the Flag. )
10 In the absence of clergy, may we
11 bow our heads in a moment of silence.
12 (A moment of silence was
13 observed. )
14 Reading of the Journal.
15 THE SECRETARY: In Senate,
16 Monday, February 26th. The Senate met pursuant
17 to adjournment. Prayer by the Reverend Dr.
18 Evelyn John, Pastor, New Life Center of Truth,
19 Brooklyn. The Journal of Friday, February 23rd,
20 was read and approved. On motion, Senate
21 adjourned.
22 ACTING PRESIDENT KUHL: Hearing
23 no objection, the Journal stands approved as
1441
1 read.
2 Presentation of petitions.
3 Messages from the Assembly.
4 Messages from the Governor.
5 Reports of standing committees.
6 The Secretary will read.
7 THE SECRETARY: Senator Leibell,
8 from the Committee on Housing and Community
9 Development reports:
10 Senate Print 5927A, by Senator
11 Leibell, an act to amend the Private Housing
12 Finance Law, in relation to loans.
13 Senator Wright, from the
14 Committee on Alcoholism and Drug Abuse reports:
15 Senate Print 328B, by Senator
16 Levy, an act to amend the Public Authorities Law
17 and the Railroad Law, in relation to operating a
18 self-propelled rail passenger car;
19 2259, by Senator Wright, an act
20 to amend the Vehicle and Traffic Law, in
21 relation to creating the crime of aggravated
22 driving while intoxicated;
23 4211, by Senator Hoblock, an act
1442
1 to amend the Alcoholic Beverage Alcohol Law, and
2 others, in relation to compensatory service;
3 5960, by Senator Levy, an act to
4 amend the Vehicle and Traffic Law, in relation
5 to the suspension or revocation of a driver's
6 license.
7 Senator Lack, from the Committee
8 on Judiciary reports:
9 Senate Print 499A, by Senator
10 DiCarlo, an act to amend the General Obligations
11 Law, in relation to exoneration of certain
12 police officers;
13 546A, by Senator Marchi, an act
14 to amend the Judiciary Law, in relation to
15 creating the 13th Judicial District;
16 617, by Senator Stafford, an act
17 to amend the Real Property Law, in relation to
18 authorizing a voluntary administration;
19 1298, by Senator Lack, an act to
20 amend the Real Property Law, in relation to
21 allowing an assignment of mortgage;
22 2145, by Senator Trunzo, an act
23 to amend the Eminent Domain Procedure Law, in
1443
1 relation to acquisition of land;
2 2314, by Senator Kuhl, an act to
3 amend the General Obligations Law, in relation
4 to the liability for negligence;
5 3775A, by Senator Lack, an act to
6 amend the Family Court Act, in relation to the
7 duty to support recipients of public assistance;
8 4614A, by Senator Lack, an act to
9 amend the Surrogate's Court Procedure Act, in
10 relation to witnesses;
11 4615, by Senator Lack, an act to
12 amend the Surrogate's Court Procedure Act, in
13 relation to requirement of filing a bond;
14 6008, by Senator Lack, an act to
15 amend the Judiciary Law and Chapter 397 of the
16 Laws of 1988.
17 Senator DiCarlo, from the
18 Committee on Aging, reports:
19 Senate Print 1413, by Senator
20 Levy, an act to amend the Transportation Law, in
21 relation to establishing the New York State
22 Inter-agency Task Force;
23 3420, by Senator Johnson, an act
1444
1 to amend the Real Property Tax Law, in relation
2 to a senior citizen rent exemption;
3 3502A, by Senator Saland, an act
4 to amend the Real Property Tax Law, in relation
5 to excluding certain expenditures;
6 6149, by Senator DiCarlo, an act
7 to amend the Real Property Tax Law, the
8 Administrative Code of the city of New York and
9 Local Law Number 1 of the city of New York.
10 Senator Volker, from the
11 Committee on Codes, reports:
12 Senate Print 213, by Senator
13 Holland, an act to amend the Penal Law, in
14 relation to the validity of license to carry or
15 possess a pistol;
16 1189, by Senator Sears, an act to
17 amend the Penal Law, in relation to including
18 the use of a firearm;
19 1321, by Senator Sears, an act to
20 amend the Penal Law, in relation to unauthorized
21 use of an emergency vehicle;
22 1378, by Senator Farley, an act
23 to amend the Penal Law, in relation to
1445
1 restitution and reparation;
2 1417, by Senator Saland, an act
3 to amend the Criminal Procedure Law and the
4 Family Court Act, in relation to access to
5 records;
6 1618A, by Senator Goodman, an act
7 to amend the Penal Law, in relation to
8 consecutive terms of imprisonment;
9 1966A, by Senator DeFrancisco, an
10 act to amend the Criminal Procedure Law, in
11 relation to application for recognizance or
12 bail;
13 1971, by Senator DeFrancisco, an
14 act to amend the Criminal Procedure Law, in
15 relation to compliance with orders fixing bail;
16 2335A, by Senator Saland, an act
17 to amend the Criminal Procedure Law, in relation
18 to expanding the limited list of offenses;
19 2957B, by Senator Volker, an act
20 to amend the Civil Rights Law, in relation to
21 providing for limited immunity;
22 3132, by Senator Volker, an act
23 to amend the Criminal Procedure Law, in relation
1446
1 to peace officers;
2 3180A, by Senator Volker, an act
3 to amend the Civil Practice Law and Rules and
4 the Public Authorities Law, in relation to
5 personal service;
6 3327, by Senator Johnson, an act
7 to amend the Criminal Procedure Law, in relation
8 to requiring certain persons committed to the
9 custody of the sheriff;
10 3494, by Senator Volker, an act
11 to amend the Criminal Procedure Law, the Family
12 Court Act and the Penal Law, in relation to
13 crimes involving firearms;
14 3521, by Senator DeFrancisco, an
15 act to amend the Criminal Procedure Law, in
16 relation to attendance of defendants;
17 4293B, by Senator LaValle, an act
18 to amend the Civil Rights Law and the Public
19 Health Law, in relation to genetic tests;
20 4297, by Senator Volker, an act
21 to amend the Civil Rights Law, in relation to
22 access to personnel files;
23 4588, by Senator Volker, an act
1447
1 to amend the Penal Law, in relation to issuance
2 of license to carry and have pistols;
3 5170, by Senator Gold, an act to
4 amend the Criminal Procedure Law, in relation to
5 designating officers;
6 6041, by Senator Volker, an act
7 to amend the Criminal Procedure Law, in relation
8 to the authority of police officers.
9 Senator Rath, from the Committee
10 on Local Government, reports:
11 Senate Print 258, by Senator
12 Cook, an act to amend the Real Property Tax Law,
13 in relation to making certain state lands
14 subject to taxation;
15 636, by Senator Cook, an act to
16 amend the Town Law, in relation to the terms of
17 office of elective officers;
18 1546, by Senator Kuhl, an act to
19 amend the Real Property Tax Law, in relation to
20 appointments made to the state board;
21 1652, by Senator LaValle, an act
22 to amend the Town Law, in relation to initiation
23 of a criminal history check;
1448
1 3032, by Senator Volker, an act
2 to amend the Town Law, in relation to providing
3 for absentee ballots;
4 4119, by Senator Present, an act
5 to amend the General Municipal Law, in relation
6 to giving municipalities the power to prefer
7 businesses;
8 5762, by Senator Farley, an act
9 in relation to the dissolution of Fire District
10 Number 1;
11 5991, by Senator Lack, an act to
12 amend the County Law, in relation to permitting
13 district attorneys;
14 6010, by Senator Johnson, an act
15 to amend Chapter 492 of the Laws of 1993
16 amending the Local Finance Law;
17 6035, by Senator Rath, an act to
18 amend the General Municipal Law, in relation to
19 permitting the New York State Town Clerks
20 Association, Incorporated to make purchases;
21 6072, by Senator Skelos, an act
22 to amend the County Law and the General
23 Municipal Law, in relation to authorizing
1449
1 counties to provide for a crime case status hot
2 line.
3 Senator Levy, from the Committee
4 on Transportation, reports:
5 Senate Print 178, by Senator
6 Tully, an act to amend the Vehicle and Traffic
7 Law, in relation to authorizing towns and
8 villages;
9 562, by Senator Cook, an act to
10 amend the Highway Law, in relation to the
11 definition of the Southern Tier Expressway;
12 1414, by Senator Present, an act
13 to amend the Vehicle and Traffic Law, the Parks,
14 Recreation and Historic Preservation Law, in
15 relation to the registration of snowmobiles;
16 1695A, by Senator Goodman, an act
17 to amend the Transportation Law, in relation to
18 increasing penalties;
19 2670, by Senator Levy, an act to
20 amend the Vehicle and Traffic Law, in relation
21 to leaving the scene of injury;
22 2883, by Senator Levy, an act to
23 amend the Vehicle and Traffic Law, in relation
1450
1 to increasing penalties for leaving the scene of
2 an accident;
3 3861, by Senator Nozzolio, an act
4 to amend the Vehicle and Traffic Law, the Parks,
5 Recreation and Historic Preservation Law and the
6 State Finance Law;
7 4432, by Senator DiCarlo, an act
8 to amend the Vehicle and Traffic Law, in
9 relation to proof of notice of suspension;
10 4578, by Senator Tully, an act to
11 amend the Vehicle and Traffic Law, in relation
12 to providing the issuance of a driver's license;
13 5976, by Senator Levy, an act to
14 amend the Transportation Law, in relation to
15 establishing a demonstration program, reported
16 with amendments;
17 6038, by Senator Lack, an act to
18 amend the Railroad Law, in relation to police
19 officers of a commuter railroad.
20 Senator Present, from the
21 Committee on Commerce, Economic Development and
22 Small Business, reports:
23 Senate Print 1929, by Senator
1451
1 Present, an act to amend the State Adminis
2 trative Procedure Act;
3 1930, by Senator Present, an act
4 to amend the State Administrative Procedure Act
5 and the Executive Law;
6 1931, by Senator Present, an act
7 to amend the State Administrative Procedure Act,
8 in relation to regulatory relief;
9 3073, by Senator Wright, an act
10 to amend the State Administrative Procedure Act,
11 in relation to requiring that agencies conduct
12 and include a formal cost;
13 3137, by Senator Wright, an act
14 to amend the State Administrative Procedure Act,
15 in relation to requiring that the state rules
16 not impose standards.
17 All bills reported directly for
18 third reading.
19 ACTING PRESIDENT KUHL: Without
20 objection, all bills are reported directly to
21 third reading.
22 Reports of select committees.
23 Communications and reports from
1452
1 state officers.
2 Motions and resolutions. The
3 Chair recognizes Senator Libous.
4 SENATOR LIBOUS: Thank you, Mr.
5 President.
6 I move the following bills be
7 discharged from their respective committees and
8 be recommitted with instructions to strike the
9 enacting clause: Senate Numbers 4824.
10 ACTING PRESIDENT KUHL: Said bill
11 will be recommitted, the enacting clause will be
12 stricken.
13 Senator Libous.
14 SENATOR LIBOUS: And on behalf of
15 Senator Volker, on page 10, I offer the
16 following amendments to Calendar Number 228,
17 Senate Print 5209, and ask that said bill retain
18 its place on the Third Reading Calendar.
19 ACTING PRESIDENT KUHL:
20 Amendments to Calendar Number 228 are received,
21 adopted; the bill will retain its place on the
22 Third Reading Calendar.
23 The Chair recognizes Senator
1453
1 Seward.
2 SENATOR SEWARD: Yes, Mr.
3 President. On behalf of Senator Sears, on page
4 12, I offer the following amendments to Calendar
5 Number 248, Senate Print Number 3921, and ask
6 that the said bill retain its place on the Third
7 Reading Calendar.
8 ACTING PRESIDENT KUHL:
9 Amendments to Calendar Number 248 are received
10 and adopted; the bill will retain its place on
11 the Third Reading Calendar.
12 Senator Seward.
13 SENATOR SEWARD: Yes. On behalf
14 of Senator Johnson, on page number 6, I offer
15 the following amendments to Calendar Number 129,
16 Senate Print Number 1847, and ask that that bill
17 retain its place on the Third Reading Calendar.
18 ACTING PRESIDENT KUHL:
19 Amendments to Calendar 128 are received and
20 adopted; bill will retain its place on the Third
21 Reading Calendar.
22 Senator Skelos, we have a
23 substitution at the desk we'd like to read at
1454
1 this time if that's permissible.
2 SENATOR SKELOS: Do the
3 substitutions.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the substitution.
6 THE SECRETARY: On page 4,
7 Senator Wright moves to discharge from the
8 Committee on Transportation, Assembly Bill 1900B
9 and substitute it for the identical Calendar
10 Number 46.
11 ACTING PRESIDENT KUHL:
12 Substitution is ordered.
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President,
15 if we could adopt the Resolution Calendar in its
16 entirety except for Resolution Number 2531 which
17 I would ask be read in its entirety after we
18 adopt the Resolution Calendar.
19 ACTING PRESIDENT KUHL: The
20 motion is to adopt the Resolution Calendar with
21 the exception of Resolution Number 2531.
22 All those in favor signify by
23 saying aye.
1455
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response. )
4 The Resolution Calendar is
5 adopted.
6 SENATOR SKELOS: If we could
7 recognize Senator Maltese.
8 ACTING PRESIDENT KUHL: Senator
9 Maltese.
10 SENATOR MALTESE: Mr. President,
11 with reference to Resolution J.L. 2467, honoring
12 Consul General Franco Mistretta, and J.L. 2468,
13 proclaiming the month of October as Italian
14 American History Month, that is open to all
15 co-sponsors, Mr. President.
16 ACTING PRESIDENT KUHL: Senator
17 Skelos, do you want to have all of the members
18 placed on those resolutions? Are there members
19 who -
20 SENATOR SKELOS: Mr. President,
21 on Senator Maltese's resolutions, why don't we
22 let the members notify the desk if they wish to
23 be on it, and I believe also Senator Paterson is
1456
1 going to make a similar request.
2 ACTING PRESIDENT KUHL: All
3 right.
4 Senator Paterson.
5 SENATOR PATERSON: Mr. President,
6 on behalf of Senator Connor, we would like to
7 open up Resolution Number 2507 and, if you would
8 please recognize Senator Oppenheimer, she has a
9 resolution she would like to bring before the
10 Senate.
11 ACTING PRESIDENT KUHL: Senator
12 Oppenheimer.
13 SENATOR OPPENHEIMER: I'm here.
14 This is Resolution 2536. I think you have it at
15 the desk, right? Yes, please. Did it arrive at
16 the desk? O.K. Well, I'd like to make a -
17 ACTING PRESIDENT KUHL: Senator
18 Oppenheimer, we have adopted Resolution Number
19 2536. It was on the Resolution Calendar. Are
20 you wishing to open it up for co-sponsorship?
21 SENATOR OPPENHEIMER: I would
22 like -- there you go. I would like to speak on
23 it for one moment and then open it to the entire
1457
1 body for co-sponsorship.
2 This resolution relates to the
3 Women's History Month and every year in New York
4 we set aside time to recognize the unique
5 contributions that women make, have made and are
6 making to New York State, and in -- in our
7 history though we have not been necessarily
8 recognized throughout our history, the fact is
9 that we have made mighty contributions to most
10 areas -- government, politics, business, the
11 arts, social change, science, literature,
12 religion, philanthropy -- and this opportunity
13 that comes this month is one that we should not
14 miss to -- to inform the general public about
15 what women have done in the past, to talk about
16 suffrage, to talk about the fight of 70 years
17 until we finally did get that in effect, to talk
18 about the strength of women supporting not only
19 themselves but their families, their communi
20 ties, working toward economic independence,
21 working towards personal security, civil
22 rights.
23 These are all things that it's an
1458
1 important thing that we discuss and this year in
2 particular, we have something that is unique to
3 this year and that is in 1996 the women in the
4 state wish to join with women throughout the
5 world to advance and implement in our own
6 communities, our towns, our villages, our cities
7 the Beijing plan of action for equality which
8 was endorsed by the United States at the Fourth
9 World Conference on Women which was held this
10 late summer-early fall in Beijing, and we want
11 to reaffirm our commitment not only to the women
12 of this country but to securing a full role, a
13 full place in society for women across the
14 world, around the world.
15 And so I would like this up
16 lifting message to be supported, if they're
17 interested, by all members of the New York State
18 Senate.
19 Thank you.
20 ACTING PRESIDENT KUHL: Senator
21 Oppenheimer, for that message trying to request
22 sponsorship. For the benefit of the members,
23 there have been four resolutions which have been
1459
1 opened to sponsorship that have been adopted.
2 There are two by Senator Maltese. Those are
3 2-4-6-7, 2467, 2-4-6-8, 2468; Senator Connor has
4 opened up sponsorship to 2507 and Senator
5 Oppenheimer is opening up sponsorship to 2536.
6 If you would so indicate to the desk that you
7 wish to co-sponsorship those members, they would
8 appreciate it.
9 The Chair recognizes Senator
10 Skelos.
11 SENATOR SKELOS: Mr. President,
12 at this time, I believe Senator Connor has a
13 resolution at the desk. If we could have it
14 read in its entirety.
15 ACTING PRESIDENT KUHL: Ask the
16 Secretary to read, I believe it's Resolution
17 Number 2531, in its entirety.
18 THE SECRETARY: By Senator
19 Connor, Legislative Resolution Number 2531,
20 paying tribute to the Honorable Barbara Jordan
21 and Dr. Carter Woodson, upon the occasion of the
22 70 Anniversary of the Founding of Negro History
23 Week and the 20th Anniversary of Black History
1460
1 Month.
2 WHEREAS, as the month of February
3 draws to a close, let us pause for a moment in
4 our daily lives to commemorate the 70th Anniver
5 sary of the founding of Negro History Week, the
6 20th Anniversary of Black History Month and two
7 people whose immeasurable contributions deserve
8 recognition; and
9 WHEREAS, the son of former
10 slaves, Carter G. Woodson earned his doctorate
11 from Harvard University in 1912, where his
12 concern culminated that the contributions of
13 African-Americans would be forgotten without a
14 recorded history. Dr. Carter G. Woodson,
15 historian and scholar, established the
16 Association for the Study of Afro-American Life
17 and History and the Journal of Negro History;
18 and
19 WHEREAS, it was his profound
20 devotion to African-American history and his
21 work with the Amsterdam Action Association that
22 led Dr. Woodson 70 years ago to establish Negro
23 History Week in order to promote and encourage
1461
1 the study of African-American history, choosing
2 February because it coincided with the births of
3 Abraham Lincoln and Frederick Douglass; and
4 WHEREAS, with this observance it
5 was Dr. Woodson's hope that all Americans would
6 be reminded of their own heritage while
7 developing a mutual respect for the ethnic roots
8 this country was founded upon. "It's great to
9 know your heritage and your past because it has
10 a bearing on your present and your future. It's
11 important these days to have at least one month
12 out of the year for that;" and
13 WHEREAS, 20 years ago, in honor
14 of Dr. Woodson and his celebrated work,
15 President Gerald Ford declared the entire month
16 of February as Black History Month; and
17 WHEREAS, this year Black History
18 Month would not be complete without a proper
19 tribute to the Honorable Barbara Jordan, another
20 child of February's dawning, and a resonant
21 voice for the Constitution, leaving us this
22 January 17, 1996 without our being able to say
23 goodbye and thank you; and
1462
1 WHEREAS, a woman who made history
2 herself, Barbara Charline Jordan was born into
3 poverty in 1936, received her law degree from
4 Boston University in 1959, was elected the first
5 African-American State Senator in Texas history
6 and then went on to become the first woman
7 elected to Congress, the first African-American
8 from Texas; and
9 WHEREAS, an outspoken woman with
10 undying strength, State Senator Jordan ascended
11 to the post of Speaker Pro Tem six years after
12 she won her first state election with the
13 support of President Lyndon B. Johnson.
14 Congresswoman Jordan was bestowed with a seat on
15 the House Judiciary Committee, her Freshman year
16 in Washington; and
17 WHEREAS, during the political
18 turmoil of 1974, as the nation questioned
19 government and its leadership, Congresswoman
20 Jordan urged the graduates of Howard University
21 not to surrender but to "Reaffirm what ought to
22 be, to get back to the truth. Get back to
23 what's honest; tell government to do that.
1463
1 Affirm the civil liberties of the people of this
2 country;" and
3 WHEREAS, in 1976, Congresswoman
4 Barbara Jordan once again created history when
5 she delivered the keynote address at the
6 Democratic National Convention, riveting her
7 audience on national television. "Many fear the
8 future. Many believe that their voices are
9 never heard, that we will cease to be one nation
10 and become instead a collection of interest
11 groups, each seeking to satisfy private wants.
12 More is required of public officials than
13 slogans and handshakes and press releases. More
14 is required. We must hold ourselves strictly
15 accountable. We must provide the people with a
16 vision of the future." A fine vision
17 Congresswoman Barbara Jordan has given us.
18 NOW, THEREFORE, BE IT RESOLVED
19 that this legislative body pause in its
20 deliberations to pay tribute to the Honorable
21 Barbara Charline Jordan and Dr. Carter G.
22 Woodson for their lifelong contributions and to
23 commemorate the 70th Anniversary of the founding
1464
1 of Negro History Week and the 20th Anniversary
2 of Black History Month; and
3 BE IT FURTHER RESOLVED that
4 copies of this resolution, suitably engrossed,
5 be transmitted to the Honorable George E.
6 Pataki, to Mrs. Arylenne Jordan, with our
7 deepest respect, and to the Association for the
8 Study of Afro-American Life and History,
9 acknowledging that we have not forgotten.
10 ACTING PRESIDENT KUHL: The Chair
11 recognizes Senator Connor on the resolution.
12 SENATOR CONNOR: Thank you, Mr.
13 President.
14 As Senator Skelos noted, this
15 resolution, of course, is open to sponsorship by
16 the entire Senate.
17 I don't know about my colleagues,
18 but I think one of the things that I've enjoyed
19 in these past years has been an increasing focus
20 on Black History Month and you see on television
21 the public service vignettes pointing out some
22 of the most notable accomplishments that our
23 African-American fellow citizens have made to
1465
1 this country.
2 I've certainly found it
3 edifying. Whether -- and it's certainly been a
4 vehicle, and I'm sure when Dr. Woodson first
5 proposed it some 70 years ago, given the climate
6 of the times, he aspired to a week to commemor
7 ate African-American history. We certainly
8 realize as more and more of our fellow Americans
9 became aware of historic contributions and
10 became aware that our pantheon of heroes in this
11 country included many, many people of African
12 American ancestry, that a week was woefully
13 inadequate to cover the heroics and
14 contributions from Crispus Attics to notable
15 Americans who achieved in science, education,
16 through the heroes that have been now recognized
17 in the war between the states and indeed in
18 every conflict from the very beginning, from the
19 Revolution through our most recent conflicts and
20 indeed contributions in the arts, music,
21 academia, all of which for many, many decades
22 because of the sad history of racism in this
23 country's earlier history were ignored in the
1466
1 textbooks, were ignored in the textbooks many of
2 us who are as old as me were given to study in
3 school.
4 And now we know so much more
5 about not just African-Americans, we know so
6 much more about American history because of the
7 efforts that have gone forth to commemorate this
8 wonderful Black History Month, and I think all
9 of us, I dare say there's no one of either party
10 who doesn't recognize that in Barbara Jordan we
11 have a unique American.
12 I remember reading years ago her
13 constant companion was a dog-eared copy of the
14 Constitution that she always carried in her
15 pocket or in her bag. She was certainly a woman
16 of remarkable accomplishment, compassion,
17 certainly one of the most articulate speakers I
18 think any of us have heard in the political
19 forum.
20 She defied stereotypes about
21 women, about African-Americans, about
22 Democrats. I remember some issues I dare say
23 she wouldn't be characterized as liberal on.
1467
1 She had many conservative principles as part of
2 the mix of what made up her political
3 philosophy. But the one thing that she had that
4 I think we all share is a devotion -- I hope we
5 could all emulate is a devotion to the
6 Constitution and to due process and to the finer
7 instincts that all Americans have always given
8 at least acceptance to striving toward, and so
9 her passing certainly was a loss for her
10 country, for the entire country.
11 I think it's remarkable, if you
12 recall, that probably at the height of her
13 influence in Congress, she hadn't really been
14 there really that very long, but she was one of
15 the most respected members, she decided to
16 retire and pursue an academic career and still
17 maintained her involvement in public affairs
18 from that perspective.
19 So again, as we pause in this
20 month of February to commemorate the enormous
21 contributions that African-Americans have made
22 to American history, we also remember a recently
23 departed American hero, Barbara Jordan.
1468
1 ACTING PRESIDENT KUHL: I
2 understand, Senator Onorato, you were looking
3 for the floor for an introduction.
4 SENATOR ONORATO: Yes, Mr.
5 President.
6 I know it's not the usual custom
7 to introduce people in the chamber, but today we
8 have a group, the Jewish War Veterans of the
9 state of New York came up to Albany to address
10 the joint session of the Assembly and the Senate
11 regarding their legislative program and joining
12 with us today in the gallery is the chairman and
13 the president of the Jewish War Veterans, Mr.
14 William Melnick and William Weinstein.
15 I'd appreciate your recognizing
16 them, Mr. President, and welcoming them to our
17 chamber.
18 ACTING PRESIDENT KUHL:
19 Gentlemen, we welcome you to the chamber, hope
20 you're enjoying the proceedings, hope you're
21 enjoying your time if Albany. Thank you for
22 coming and sharing some time with us today.
23 Senator Gold, why do you rise?
1469
1 SENATOR GOLD: Can we go on
2 Senator Connor's resolution.
3 ACTING PRESIDENT KUHL: That's
4 correct. Senator Paterson has the floor ahead
5 of you, Senator Gold.
6 SENATOR GOLD: Yeah. I wanted to
7 make sure that that happened.
8 ACTING PRESIDENT KUHL: I knew
9 that you did.
10 The Chair recognizes Senator
11 Paterson.
12 SENATOR PATERSON: Yielding to
13 Senator Gold, Mr. President, but he told me to
14 keep speaking.
15 Mr. President, I want to thank
16 Senator Connor for his presentation and just to
17 -- looking at the other resolutions that we
18 have adopted here today, Senator Velella and I
19 agree that if we had an African-American woman
20 of Italian descent, then we would fully
21 appreciate all of the history and culture that
22 we have celebrated and adopted this afternoon.
23 The African-American History
1470
1 Month was founded actually -- was actually
2 started as Negro History Week 70 years ago, and
3 I wanted to dispel the feelings that some
4 African-Americans have that, among the other
5 slights that have occurred in American history
6 that the month of February which has fewer days,
7 was actually chosen to be Black History Month.
8 It was not. The reason that February was chosen
9 was because a particular week in February marks
10 the time of the birth of Frederick Douglass in
11 1811 and his death in 1895.
12 What we wish to do is to
13 celebrate those African-American leaders, both
14 the living and the dead, who struggled
15 courageously and unremittingly throughout the
16 past few centuries to build a viable national
17 movement that was directed in the area of
18 creating economic, political and social
19 justice. But what Senator Connor talked about
20 was actually not African-American history when
21 he talked about what he read in the history
22 books and what he now is able to read because of
23 our affirmation and our study of African
1471
1 Americans in this country.
2 When we celebrate African
3 American history, Mr. President, we are really
4 celebrating American history because we are
5 celebrating that part of our livelihood and our
6 lives throughout the past few centuries that
7 have heretofore been deleted from the actual
8 presentation.
9 The founding Constitution in 1777
10 which included Article I, Section 2, Clause 3
11 which was the provision that provided for
12 slavery and also allowed for the Africans that
13 were in this country at that time to be counted
14 as three-fifths of an individual; also Article
15 IV, Section 2, Clause 3 which allows for the
16 recovery of runaway slaves, although in my
17 edition of the Constitution it says in a rather
18 scholarly way that this section probably has no
19 meaning after the passage of the Thirteenth,
20 Fourteenth and Fifteenth Amendment, but it gives
21 us an idea of what actually existed in our
22 country in its inception to such an extent that
23 in the year 1820, writing in the Edinburgh
1472
1 Review, the great British wit, Sidney Smith,
2 once advised that "which of the tyrranies of
3 Europe systematically tortured and enslaved
4 one-sixth of its population." Also Thomas
5 Jefferson, writing in 1820 in response to Sidney
6 Smith, wrote, never did he imagine so much
7 travail from this source.
8 In the original draft of the
9 Declaration of Independence, slavery was
10 described as the greatest woe to human beings,
11 but because of a coalition between New England
12 slave traders and southern planters, that
13 version didn't make the final cut, and so the
14 first hundred years of American history was
15 really dedicated to a resolution of what to do
16 about African-Americans from the Louisiana
17 Purchase in 1803 to the Missouri Compromise in
18 1820, which allowed for slavery north of the
19 36th parallel in this country, what to do about
20 the African-American was the founding and
21 continuing theme until the compromise 1850 when
22 California was entered as a free state, Texas as
23 a slave state, Utah and New Mexico as neutral
1473
1 territories, and slavery was abolished in the
2 District of Columbia.
3 Finally in 1854, there was a
4 tremendous controversy over that compromise
5 which really allowed for slavery north of the
6 36th parallel, but that was then affirmed in the
7 famous Supreme Court case of Dred Scott. Many
8 people believe that the Dred Scott case ruled
9 that slavery would now be allowed north of the
10 36th parallel. That had actually already been
11 decided five years before in a case called
12 Slater -- Strater v. Graham.
13 What was said in 1857 in the Dred
14 Scott case that since Dred Scott was not
15 considered a human but rather three-fifths of
16 one, that he did not have a right to sue in a
17 federal court any more than a desk or a
18 microphone or a memorandum would, and so it is
19 this historical celebration that gives us an
20 idea of how far we've come in our society but
21 also how far we have yet to go.
22 Some years ago I learned about a
23 burial ground that is approximately at the
1474
1 confluence of Broadway and Duane and Reade and
2 Elk Street in lower Manhattan. It houses those
3 individuals who lived and were buried in New
4 York City of African descent from approximately
5 1710 to 1795; it is the oldest African burial
6 grounds every noted in this country. It is also
7 the only burial grounds that houses the remains
8 of individuals who were indigenous to the
9 African continent, and so by the study of that
10 burial grounds, we were able to learn what of
11 the actual West African countries that African
12 Americans are indigenous. Previously it was
13 just thought, but through the archaeological
14 study from that burial grounds, we now know that
15 Ghana and Angola -- what is now Angola, Nigeria,
16 and also Mozambique were the original homes of
17 the Africans who were then transported, 40
18 million of them of which only 23 million
19 survived, to what is the United States and then
20 were buried in lower New York.
21 We also learned one other thing
22 about Africans that came to this country through
23 their burial grounds, that although we'd always
1475
1 learned about the slave trade 72 percent of the
2 remains found in that burial grounds are those
3 of children, so what they were actually doing to
4 conserve space was putting the smallest people
5 they could in those ships so it even adds to the
6 tremendous torture that we knew that those who
7 were brought to this country endured.
8 And so the concept of African
9 American History Month, which is not only the
10 celebration of great African-Americans in this
11 country who have contributed to our society, but
12 it is also the affirmation of real history in
13 this country for all Americans. It's something
14 that not only gives us an idea of what our
15 history was, but really compels us to go forward
16 to build that national movement, both men and
17 women of all ethnicities, so that we will fully
18 be able to say the Pledge of Allegiance and know
19 that it is the land of the free and the home of
20 the brave.
21 Thank you, Mr. President.
22 ACTING PRESIDENT KUHL: The Chair
23 recognizes Senator Gold on the resolution.
1476
1 SENATOR GOLD: Thank you, Mr.
2 President.
3 Mr. President, as everybody in
4 this chamber, I know, knows, freedom of speech
5 has a price. It's not easy, and that means that
6 if you believe in a freedom of speech, it's not
7 acceptable speech and that people can be out
8 there ranting and raving. They can lie. We
9 have racists out there and it can be getting
10 into your gut, and they've got to talk, but our
11 only defense is to talk back, tell the truth and
12 to educate.
13 Now, having said that, I want to
14 really thank the New York Times for something
15 that was in the paper this last Sunday. If you
16 read the Magazine Section of the New York Times
17 Sunday, there was an article that had to, in my
18 opinion, just send shivers up the spine of
19 everybody.
20 It was an article about some of
21 the racist organizations in America and their
22 attempt to spread the white supremacy
23 philosophies and how they have, many of them
1477
1 have gotten away from the camps with the rifles
2 and the guns and the military which has
3 obviously gotten them some "skinheads", et
4 cetera, over the years, but how they have
5 decided that the way to really encourage and
6 increase their numbers was to stay up with
7 modern times, and they said, Well, what are the
8 youth of America doing today? The youth of
9 America getting excited, like everybody else,
10 about the Internet and computers, and one of
11 these jerks now has a place on the Internet, a
12 page. He plays in a rock group and that music
13 is white supremist, and the article pointed out
14 that, in the last four months, some of these
15 groups have made greater inroads with our youth
16 than they've done in the last four years.
17 I think that one of the
18 importances of Black History Month is that it
19 gets us talking. It gets us talking about the
20 truth, and that's the only defense we have in a
21 country where we cherish free speech. You can
22 not stop these morons from talking. You cannot
23 stop the revisionists from talking about the
1478
1 Holocaust as if it didn't happen. You can not
2 stop white supremists from the nonsense that
3 they say about our African-American brothers and
4 sisters; but we have to wake up to the fact that
5 these scientific advances are for us also, and I
6 think that the parents in our state and
7 throughout America have to understand that just
8 as you don't want your sons and daughters
9 walking around at two, three in the morning,
10 hangin' out in bad places, you'd better watch
11 what's goin' on on that Internet and what is
12 coming into your home.
13 Now, we have had legislation,
14 people talk about pornography, and it depends
15 upon how you define "pornography". To me
16 someone who preaches hatred against another
17 individual because of race, creed, color,
18 national origin, et cetera, is pornographic, and
19 you -- you've got to understand that it's coming
20 into the homes. It's out there on the Internet
21 and as part of Black History Month, which I
22 think is important and I'm proud that my leader
23 is carrying this resolution, I think one of the
1479
1 things we ought to be doing as we go around and
2 talk to our constituents, is to alert them that
3 whatever the computer was doing five years ago,
4 whatever it was doing six months ago, is old
5 news today.
6 There was -- I think it was Bill
7 Gates, but I'm not sure, said that "whatever I
8 said an hour ago is old hat already." That's
9 how quickly this computer age is moving, and the
10 -- and the communities have to be alerted to
11 the fact that those who spew evil and racial
12 hatred and religious hatred are getting their
13 hands on the Internet. They're getting their
14 hands in on these computers, and it's coming
15 into our homes, and just as you would be careful
16 in terms of who your children would deal with in
17 the street and the kind of evils that are out
18 there for your children, you must -- we must
19 preach and tell our people that this is now
20 coming into our homes.
21 So I think that's something
22 affirmative we can do. Very often we pass
23 resolutions and we pay respect to those who are
1480
1 out there working. I think this is something
2 that we ourselves can be a part of too and
3 during Black History Month, as we make our
4 rounds to our political clubs, to our
5 communities, I think that it's a message that we
6 can help to carry.
7 ACTING PRESIDENT KUHL: The Chair
8 recognizes Senator Marchi on the resolution.
9 SENATOR MARCHI: I had just two
10 points, one historical in reference to what
11 happened in those early years of the republic.
12 Jefferson abided the -- something that he
13 personally deeply resented. Evidence of that, I
14 think is the Northwest Ordinance where he -
15 that he formulated. It was basically a
16 Jefferson document, and this addressed the
17 question of the development of the Northwest
18 Ordinance in all those states north of the Ohio
19 River right out to Minnesota, and he forbade
20 slavery in that document.
21 And the second thing, I was going
22 to address the point that Senator Gold made
23 except he did it more completely and more
1481
1 effectively. He -- you couldn't have said it
2 better. It couldn't have been stated better.
3 ACTING PRESIDENT KUHL: If you
4 want to talk, Senator Waldon we're still on the
5 resolution.
6 SENATOR WALDON: Appreciate that,
7 Mr. President.
8 ACTING PRESIDENT KUHL: Senator
9 Waldon, on the resolution.
10 SENATOR WALDON: Thank you, Mr.
11 President, my colleagues. I ran outside to get
12 some information from Barbara Waldon who, all of
13 you who know me, is the smartest person in my
14 family, and I felt that some of the things said
15 today were great in terms of the history of this
16 country and how we have disparately treated
17 those who arrived here in the holds of ships,
18 who suffocated from the stench of their
19 excrement and were physically challenged by the
20 fact that they were stacked like cordwood in the
21 holds of these slave ships; but I hope you will
22 recognize the beauty of what I'm about to say
23 because what I'm about to share with you are
1482
1 some accomplishments of our people, despite the
2 manner in which we arrived on these shores and
3 despite the deprivation that we suffered in the
4 earlier hundreds of years that we were here when
5 we had no right to our religion, no right to our
6 language, no right to our freedom, no right to
7 marry, no right to own anything, no right to
8 even be called by the names that were our names
9 in the country from which we originated.
10 Despite all of that, these
11 people, these African-Americans, those from the
12 "darkest continent", without language, without
13 religion, without even clothes sometimes on
14 their backs, birthed and gave inspiration to
15 children who did things like this:
16 The shoes that you have on your
17 feet are the result of black genius, a guy named
18 Jan Meisliger, who created the shoe lace.
19 The automatic transmission in the
20 car that you drove here today was the result of
21 the genius of Richard Spikes. He -- and has the
22 patent or had the patent for the transmission in
23 your car and automatic gear shift.
1483
1 Everyone has heard of the real
2 McCoy. He revolutionized the train industry in
3 this nation because at one time trains could go
4 so far they had to stop and, by hand, oil the
5 mechanisms of the train until this brother
6 invented the lubrication cup.
7 When you drove here this morning,
8 I'm sure you have had to stop at a red light or
9 go through a green light. That was invented by
10 a black man.
11 If you're like me and you can
12 look at me and tell that I have eaten too much
13 in my life -- I used to be skinny -- potato
14 chips were invented by a black man. Ice cream
15 was the result of the genius of a black man.
16 The entire industry of whaling was made greater
17 by the toggle harpoon which was created by a
18 black man.
19 If you eat the ice cream, you
20 have to put in in a refrigerator these days.
21 Refrigeration was the result of the genius of a
22 black man.
23 Would we be able to go to
1484
1 Washington D.C., and enjoy the way it is laid
2 out if it had not been for Benjamin Baniker, a
3 young man who had a photographic memory and
4 memorized the plans of L'Enfant when he decided
5 to leave this country in a fit of pique.
6 The lemon squeezer, the folding
7 bed, the fountain pen for you, those of you who
8 still use Mont Blanc, the fountain pen was
9 created by a black man. The rotary engine, and
10 it goes on and on and on. The gas mask which
11 saved thousands upon thousands of lives despite
12 color, in the first World War, was the result of
13 Garrett Morgan's genius, and then there are
14 things like blood plasma and a whole host of
15 other things.
16 So it ain't just about being able
17 to be like Mike and jump higher than everybody
18 else. It ain't just about being to be like
19 James Brown and to sing and dance in a way that
20 no one else can. It's not just about being like
21 Charlie Parker and, as my colleague, Senator
22 Seabrook who plays that act, the saxophone, in
23 terms of our musicality. It's not in terms of
1485
1 being like James Earl Jones, who is just a great
2 actor. It's not even about people who sit in
3 chambers like ours across this country.
4 The way we are able to live today
5 in these United States is the direct result of a
6 people who were deprived but despite that
7 deprivation rose up and made our lives better.
8 I thank you, Mr. President. I
9 thank you, my colleagues, for listening to me.
10 ACTING PRESIDENT KUHL: The
11 question is on the resolution. All those in
12 favor signify by saying aye.
13 (Response of "Aye.")
14 Opposed nay.
15 (There was no response. )
16 The resolution is unanimously
17 adopted.
18 Senator Skelos, that brings us to
19 the calendar.
20 SENATOR SKELOS: Yes, Mr.
21 President, if we could take up the
22 non-controversial calendar.
23 ACTING PRESIDENT KUHL: Secretary
1486
1 will read the non-controversial calendar.
2 THE SECRETARY: Calendar Number
3 46, substituted earlier today, by member of the
4 Assembly Bragman, Assembly Print 1900B.
5 SENATOR SKELOS: Lay aside for
6 the day.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside for the day.
9 THE SECRETARY: Calendar Number
10 214, by Senator Leibell, Senate Print 3480A, an
11 act to amend the Administrative Code of the city
12 of New York and the Emergency Tenant Protection
13 Act of 1974.
14 SENATOR SKELOS: Lay aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 216, by Senator Hannon, Senate Print 3540, an
19 act to amend the Emergency Tenant Protection
20 Act.
21 SENATOR PATERSON: Lay aside.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside.
1487
1 THE SECRETARY: Calendar Number
2 220, by Senator Skelos, Senate Print 425, an act
3 to amend the Business Corporation Law, in
4 relation to corporate finance, proxies, powers
5 of directory and mergers.
6 SENATOR LEICHTER: Lay aside.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 225, by Senator Saland, Senate Print 4746B, an
11 act in relation to authorizing the city of
12 Beacon, county of Dutchess, to opt out of the
13 provisions of Chapter 602 of the laws of 1993.
14 ACTING PRESIDENT KUHL: Secretary
15 will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
1488
1 THE SECRETARY: Calendar Number
2 230, by Senator Levy, Senate Print 5967, an act
3 to amend Chapter 145 -
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside.
6 THE SECRETARY: Calendar Number
7 231, by Senator Hoblock, Senate Print 5994, an
8 act to amend the Education Law and the Public
9 Authorities Law, in relation to Dormitory
10 Authority financing of certain school
11 facilities.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 58.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 241, by Senator Saland, Senate Print Number
1489
1 2111, an act to amend the Executive Law and the
2 Family Court Act, in relation to support of
3 children in the Division for Youth.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 58.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 247, by Senator Sears, Senate Print 1355C, an
16 act to amend the Environmental Conservation Law,
17 in relation to prohibiting the feeding of deer
18 within 300 feet of a public highway.
19 ACTING PRESIDENT KUHL: Secretary
20 will read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 60th day.
23 ACTING PRESIDENT KUHL: Call the
1490
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 58.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 252, by Senator Skelos, Senate Print Number
8 1740, an act to amend the Executive Law and the
9 Penal Law, in relation to payment of a fee by
10 persons sentenced to probation.
11 SENATOR PATERSON: Lay aside.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 259, by Senator Rath, Senate Print 539A, an act
16 to amend the Education Law, in relation to
17 student refunds of certain financial aid grants.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 60th day.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
1491
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 58.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 264, by Senator LaValle, Senate Print Number
7 3269, an act to amend the Education Law, in
8 relation to the issuance of limited permits in
9 dentistry.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 58.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 Senator Skelos, that completes
21 the non-controversial calendar.
22 SENATOR SKELOS: I wonder if we
23 could take up the controversial calendar at this
1492
1 time.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the controversial calendar.
4 THE SECRETARY: Calendar Number
5 214, by Senator Leibell, Senate Print 3480A, an
6 act to amend the Administrative Code of the city
7 of New York and the Emergency Tenant Protection
8 Act of 1974.
9 SENATOR PATERSON: Explanation.
10 SENATOR LEIBELL: Thank you, Mr.
11 President. This is -
12 ACTING PRESIDENT KUHL: Senator
13 Leibell, the floor for an explanation.
14 SENATOR LEIBELL: This is a bill
15 that we had seen last year, and it's an act to
16 amend the Administrative Code of the city of New
17 York and the Emergency Tenant Protection Act of
18 1974 in relation to determining primary
19 residency.
20 Currently, in order to be covered
21 by rent regulations statutes, New York State law
22 requires that a residential unit be maintained
23 as a tenant's primary residence.
1493
1 SENATOR LEICHTER: Mr. President.
2 ACTING PRESIDENT KUHL: Senator
3 Leichter, why do you rise?
4 SENATOR LEICHTER: Yes, is
5 Calendar 259 still at the desk?
6 ACTING PRESIDENT KUHL: Is it at
7 the desk? Yes, it is.
8 SENATOR LEICHTER: Could I ask
9 that we reconsider the vote by which that bill
10 passed, please.
11 ACTING PRESIDENT KUHL: Senator
12 Leibell, will you excuse an interruption?
13 SENATOR LEIBELL: Yes.
14 ACTING PRESIDENT KUHL: Senator
15 Leichter, why don't we continue with this.
16 SENATOR LEICHTER: Yeah.
17 ACTING PRESIDENT KUHL: At my
18 direction, we'll take up the motion up to
19 reconsider the vote by which the bill passed
20 this house after this matter.
21 SENATOR LEICHTER: O.K. Thank
22 you.
23 ACTING PRESIDENT KUHL: Senator
1494
1 Leibell to conclude the explanation.
2 SENATOR LEIBELL: Thank you.
3 Present case law allows for the
4 inspection of tax returns in determing whether
5 the unit should be eligible for coverage under
6 the applicable rent protection regulations.
7 This bill provides guides for the courts in
8 determining whether or not a person's primary
9 residence is in New York State. It is a method
10 of discovery for the courts.
11 ACTING PRESIDENT KUHL: The Chair
12 recognizes Senator Paterson.
13 SENATOR PATERSON: Mr. President,
14 if Senator Leibell would be kind enough to yield
15 for a question.
16 ACTING PRESIDENT KUHL: Senator
17 Leibell, do you yield to Senator Paterson?
18 SENATOR LEIBELL: Yes, I do.
19 ACTING PRESIDENT KUHL: The
20 Senator yields.
21 SENATOR PATERSON: Senator, what
22 are the other factors the courts consider right
23 now in the determination of the primary
1495
1 residency under the emergency protection laws?
2 SENATOR LEIBELL: What other -
3 I'm sorry, what other elements?
4 SENATOR PATERSON: In other
5 words, you want to limit it to where the
6 personal income tax is filed, and what I want to
7 know is where it stands right now.
8 SENATOR LEIBELL: No, Senator,
9 this does not change any other body of law other
10 than to state that the tax return can be -- can
11 be used to establish primary residency.
12 SENATOR PATERSON: What I'm
13 asking is, is there anything else that can be
14 used to determine the primary residency right
15 now?
16 SENATOR LEIBELL: I think,
17 frankly, there's a body of case law that is
18 pretty diffuse and all over the place, frankly,
19 and this is intended to provide legislative
20 guidance for the courts.
21 SENATOR PATERSON: Thank you,
22 Senator.
23 ACTING PRESIDENT KUHL: Senator
1496
1 Paterson.
2 SENATOR PATERSON: This singular
3 identification of the filing of the income tax,
4 as I understand it, was overruled on December
5 28th -- not overruled, but at least it was in
6 that particular case on December 28th, 1995
7 involving the case of the Federal Home Loan
8 Mortgage Association against the Department of
9 Housing and Community Renewal.
10 How can we pass this legislation
11 with a -- an edict from the federal court
12 sitting on it such that if anyone goes to court,
13 even if we pass this legislation, it's likely
14 the legislation would be -- would be defeated?
15 SENATOR LEIBELL: I'm not -
16 Senator -- counsel advises me you may be
17 thinking in terms of the next bill that's up
18 with respect to that case.
19 ACTING PRESIDENT KUHL: Senator
20 Paterson.
21 SENATOR PATERSON: That's because
22 I'm thinking ahead, Senator.
23 SENATOR LEIBELL: It's a good
1497
1 trait, Senator.
2 ACTING PRESIDENT KUHL: Senator
3 Paterson, you still have the floor.
4 SENATOR PATERSON: Well, then, so
5 you're saying a court of competent jurisdiction.
6 ACTING PRESIDENT KUHL: Are you
7 asking Senator Leibell, Senator Paterson, to
8 continue to yield?
9 SENATOR PATERSON: Yes.
10 ACTING PRESIDENT KUHL: Senator
11 Leibell, do you continue to yield?
12 SENATOR LEIBELL: Yes, I do.
13 ACTING PRESIDENT KUHL: Senator
14 continues to yield.
15 SENATOR PATERSON: Then you're
16 saying that a court of competent jurisdiction
17 would only view the personal income tax so that
18 individuals, for instance, that have other
19 residences around the country and who are likely
20 to not spend that much time in New York and,
21 therefore, it is definite that even though they
22 might have a driver's license or they might have
23 other identifications in New York, that it's
1498
1 clear that they don't spend that much time
2 there, that they're actually living in other
3 places, and this is -
4 SENATOR LEIBELL: Senator, this
5 does not attempt to change the law in any way.
6 The -- other than to establish a guideline for
7 the courts. What we are attempting to do here
8 is to determine a method to establish clearly
9 where a primary residency is.
10 If you're saying to me, in fact,
11 that a person -- and I think what you're
12 alluding to, Senator is that somebody may, in
13 fact, be living in Florida and may not, in fact,
14 have a primary residency in New York State.
15 That's what we're attempting to deal with.
16 If, in fact, there is a housing
17 crisis in this state, it certainly is not going
18 to be addressed very effectively by having
19 people who do not have a primary residency here
20 or a need for one, to take our rent controlled
21 and stabilized apartments.
22 SENATOR PATERSON: Thank you,
23 Senator.
1499
1 Then, if the guidelines are
2 already set forth, what is the purpose of this
3 legislation? In other words, what is this going
4 to add to what exists right now in terms of
5 establishing of guidelines that's going to
6 enlighten us based on how we are going to
7 appraise where the residency is?
8 SENATOR LEIBELL: I think this
9 would be fairly clear from a reading of the bill
10 that a tax return can be used to establish that
11 primary residency. It certainly is a very
12 convenient way to do it, a very logical way to
13 do it. It's a method to make sure that a fraud
14 does not exist within this system, and this
15 would go to clarify what is or appears to be a
16 good deal of confusion from some of the
17 decisions that have been rendered by various
18 courts.
19 As this legislative body does on
20 a continuous basis, we try and clarify the law
21 and make it such that there will be no confusion
22 within our various courts.
23 ACTING PRESIDENT KUHL: Senator
1500
1 Paterson.
2 SENATOR PATERSON: Thank you very
3 much. Mr. President, on the bill.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson, on the bill.
6 SENATOR PATERSON: And thank you,
7 Senator Leibell, for your response.
8 SENATOR LEIBELL: You're
9 welcome.
10 SENATOR PATERSON: The reason
11 that I have a problem supporting this bill is
12 that even in the legislation itself, Senator
13 Leibell indicates that the timely filing of
14 income taxes is not a presumption of residency,
15 and so to restrict the definition of residency
16 in a seasonable period to just that filing is -
17 our feeling is not going to really establish
18 residency any more than it does right now and
19 may actually serve to confuse the issue even
20 more.
21 Thank you.
22 ACTING PRESIDENT KUHL: Is there
23 any other Senator wishing to speak on Calendar
1501
1 Number 214?
2 Hearing none, the Secretary will
3 read the last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll. )
9 ACTING PRESIDENT KUHL: Announce
10 the results when tabulated.
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 214 are Senators
13 Abate, Babbush, Connor, Espada, Gold, Gonzalez,
14 Goodman, Kruger, Leichter, Markowitz, Nanula,
15 Onorato, Paterson, Seabrook, Smith, Waldon, also
16 Senator Lachman. Ayes 42, nays 17.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Leichter. Senator
20 Leichter, you had a motion relative to Calendar
21 Number 259 which had passed the house. Motion
22 to reconsider the vote by which the bill passed
23 the house?
1502
1 SENATOR LEICHTER: Yes.
2 ACTING PRESIDENT KUHL: Ask the
3 Secretary to call the roll on reconsideration.
4 THE SECRETARY: Calendar Number
5 259, by Senator Rath, Senate Print 539A, an act
6 to amend the Education Law.
7 ACTING PRESIDENT KUHL: Senator
8 Leichter.
9 SENATOR LEICHTER: Would you lay
10 that bill aside, Mr. President.
11 ACTING PRESIDENT KUHL: Lay
12 Calendar Number 259 -- or call the roll.
13 (The Secretary called the roll on
14 reconsideration. )
15 THE SECRETARY: Ayes 59.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside.
18 Secretary will continue to call
19 the controversial calendar.
20 THE SECRETARY: Calendar Number
21 216, by Senator Hannon, Senate Print Number
22 3540, an act to amend the Emergency Tenant
23 Protection Act of 1974 and the Administrative
1503
1 Code of the city of New York.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the last section.
4 SENATOR PATERSON: Explanation.
5 ACTING PRESIDENT KUHL: Senator
6 Hannon, an explanation of Calendar Number 216
7 has been asked for by Senator Paterson.
8 SENATOR HANNON: Under the
9 provisions of this proposal, when there has been
10 a foreclosure of a building that originally had
11 been under rent stabilization, lost that status
12 when it became a co-op, and then thereafter
13 there is a foreclosure on the cooperative loan,
14 it changes the law so that that building does
15 not revert back to being a cooperative. It
16 remains in its new status as non-controlled.
17 ACTING PRESIDENT KUHL: Senator
18 Paterson.
19 SENATOR PATERSON: Mr. President,
20 earlier I tried to take a court decision that
21 applies to this particular bill and adapt it to
22 anything I wanted it to since there had been so
23 many -- so few court decisions that I've agreed
1504
1 with, I thought I'd try to expand it.
2 If Senator Hannon would yield for
3 a question.
4 ACTING PRESIDENT KUHL: Senator
5 Hannon, do you yield?
6 SENATOR HANNON: Yes, Mr.
7 President.
8 ACTING PRESIDENT KUHL: Senator
9 Hannon yields.
10 SENATOR PATERSON: Since there
11 does appear to be a ruling in that particular
12 case, Senator, where the court speaks to that
13 exact issue and it is a federal court and says
14 that in that case it would be just the reverse
15 of what you're proposing, that the property
16 would go back into rent stabilization, I just
17 wanted to ask you what the merit of this bill
18 would be and whether or not you think it could
19 stand a court challenge since there's already a
20 court ruling on the record?
21 SENATOR HANNON: That court
22 ruling was one of two that are on this that
23 interpret the law correctly. What we're doing
1505
1 here is changing the law. We're changing the
2 law because, when this original law was written
3 we really did not have the entire process of
4 converting buildings into co-ops and the
5 language was never changed. All that the courts
6 did was say this is what the current law
7 states.
8 Why I'm proposing this is that
9 that laugh is no longer good public policy. It
10 inhibits the ability of people to get a
11 cooperative. It actually stops the fact that
12 there will have been -- it stops the process of
13 any bank ever granting a loan on a building that
14 would go into cooperative status because they
15 know that that loan will be valueless should it
16 ever go into foreclosure. They know that the
17 amount of money that would come into that
18 building would go back to the prior level of
19 rent stabilization. It would not even be
20 ticking while the building was in cooperative
21 status, so what you do unless you change the law
22 and adjust to current public housing policy is
23 that you have something that doesn't make any
1506
1 sense and you've effectively repealed the whole
2 co-op'ing process of changing from a building
3 under rent stabilization into a building that's
4 a co-op.
5 ACTING PRESIDENT KUHL: Senator
6 Paterson.
7 SENATOR PATERSON: Thank you,
8 Senator Present, and thank Senator Hannon for
9 his response. On the bill.
10 ACTING PRESIDENT KUHL: Senator
11 Paterson, on the bill.
12 SENATOR PATERSON: Senator Hannon
13 made a very good point involving the cooperative
14 process, but between the cooperative process and
15 the interest that the public -
16 ACTING PRESIDENT KUHL: Senator
17 Paterson, excuse me just a minute. We've got
18 quite a bit of noise here. There's a group of
19 our colleagues who appear to be celebrating the
20 passage of the last resolution still. I'd ask
21 them to calm down the conversation so that we
22 could hear Senator Paterson.
23 Senator Paterson.
1507
1 SENATOR PATERSON: Mr. President,
2 on this particular bill, between the -- those
3 two issues which are being addressed, it is the
4 latter, the issue of housing for the public and
5 particularly in the areas that would be most
6 affected by this that we would presume to
7 favor.
8 What Senator Hannon may say is
9 correct about the co-op'ing process and about
10 the fact that it would be very hard for banks to
11 establish this mortgage, but what is a greater
12 problem in our society right now is the
13 availability of housing; and so what this will
14 simply do is just lower the pool, lower the
15 stock of housing that would become available.
16 The public policy that the court ruled in the
17 issue involving the Federal Home Loan Mortgage
18 Association v. DHCR was establishing a public
19 policy that we think should continue.
20 It's going to serve a lot more
21 people, a lot of people who -- more people who
22 have fewer options than the banks, particularly
23 in this day and age, to receive housing and for
1508
1 that reason, we recommend that this bill not be
2 passed.
3 ACTING PRESIDENT KUHL: Senator
4 Hannon, on the bill.
5 SENATOR HANNON: Yes, Mr.
6 President.
7 I am, with all due deference, in
8 sharp disagreement with the policy enunciated by
9 Senator Paterson. I am in favor of there being
10 more housing of a good quality, of a stock
11 that's maintained, and you're only going to get
12 that if you have the flow of capital into that
13 market, if you have people willing to lend to
14 purchasers who want to buy, whether to buy the
15 whole building or buy their unit, be it a
16 cooperative or a condominium and so long as we
17 have these artificial controls over the supply,
18 we're not going to have the people willing to
19 lend the money. The money is going to go
20 elsewhere; 49 other states, hundreds of
21 thousands of other municipalities, the money
22 will go elsewhere.
23 We won't obviously get a chance
1509
1 to deal with that major public policy until next
2 year, but I think the goals are there but doing
3 it in a regulated way, doing it in a controlled
4 way, doesn't work. It works in reverse, and so
5 I would think doing it this way, this little
6 part of the world, would help immensely.
7 Thank you.
8 ACTING PRESIDENT KUHL: Is there
9 any other Senator wishing to speak on Calendar
10 Number 216?
11 Hearing none, the Secretary will
12 read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll. )
18 ACTING PRESIDENT KUHL: Announce
19 the results when tabulated.
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 216 are Senators
22 Abate, Babbush, Connor, Espada, Gold, Gonzalez,
23 Goodman, Kruger, Lachman, Leichter, Markowitz,
1510
1 Mendez, Montgomery, Nanula, Onorato,
2 Oppenheimer, Padavan, Paterson, Santiago,
3 Seabrook, Smith and Waldon. Ayes 38, nays 22.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 Secretary will continue to call
7 the controversial calendar.
8 THE SECRETARY: Calendar Number
9 220, by Senator Skelos, Senate Print 425, an act
10 to amend the Business Corporation Law, in
11 relation to corporate finance.
12 ACTING PRESIDENT KUHL: Senator
13 Leichter, why do you rise?
14 SENATOR LEICHTER: Yes. Mr.
15 President, on the bill.
16 ACTING PRESIDENT KUHL: Senator
17 Leichter, on the bill.
18 SENATOR LEICHTER: This is a very
19 significant bill, and I would hope people would
20 focus on it.
21 Now, last year, I see that it
22 passed unanimously. I don't know if I was in
23 the chamber. I well might have voted for it,
1511
1 but this year I've had a chance to look at it
2 and I would really urge all the members to look
3 at it because I think that this bill goes in the
4 wrong direction on something that is really very
5 fundamental to the American economic system and
6 that is corporate democracy, seeing the
7 shareholders, the people who own corporations
8 have a voice in the overall management of that
9 corporation and that they can protect their
10 interests.
11 Now, I think all of us have read
12 and if your reaction was the same as mine, with
13 some dismay, about the very large corporate
14 payments, remuneration that goes to chief
15 executive officers and other top corporate
16 officials, payments of millions and millions of
17 dollars annually, far in excess of what their
18 counterparts are paid in Japan or Germany.
19 But it's not only the big profit
20 able corporations. The Times had an article and
21 I don't know how many of you saw it, of
22 corporate officers of medium size, of small
23 corporations, they were losing money but they
1512
1 were paying themselves millions of dollars in
2 compensation.
3 Now, this bill will make it
4 harder for shareholders to protect the interests
5 of all of the owners of that corporation.
6 One of the things that this does,
7 which concerns me, and maybe Senator Skelos will
8 want to comment on it, but it allows directors
9 to set their own options and their own rights.
10 Can you imagine what sort of a raid that's going
11 to be where these directors will provide that
12 directors may have options to purchase a certain
13 number of shares at a certain price and that
14 price maybe will turn out to be very much lower
15 than the market price at the time that they
16 exercise their option.
17 Now, I've got no problem if the
18 shareholders want to say, "I want to give that
19 sort of compensation to the directors." That's
20 fine. It's their corporation and, frankly, many
21 shareholders have approved these enormously
22 large corporate remunerations. But why take
23 away the power, the power of the shareholders,
1513
1 to protect their interests? Why give directors
2 the right to fix their own options? I find that
3 just a -- a mistake, particularly at a time when
4 we have this really greed capitalism on the part
5 of top corporate officers.
6 You know, one of the best things
7 that can happen to you financially now is to be
8 fired from a corporation, because these golden
9 parachutes that these corporate officers write.
10 We had a former not a colleague but somebody
11 that some of us worked with, Bob Morgado, he had
12 the good fortune to be fired from Time-Warner
13 and his compensation for being fired was $46
14 million. That was the golden parachute that had
15 been set.
16 Now, it's going to be that much
17 more difficult under this bill for corporate
18 shareholders to see that these sort of excesses
19 don't occur. For instance, the bill dilutes
20 really the shareholders' control of the
21 corporation. It removes the shareholder
22 approval requirement for an increase or decrease
23 in the number of preferred shares, issuance of
1514
1 stock rights or options to directors and
2 directors' loans.
3 That's another thing, the
4 directors can make themselves loans and at
5 probably very favorable terms. The bill reduces
6 the required shareholder approval percentage
7 from two-thirds to majority for significant
8 corporate decisions, including amendments to the
9 certificate of incorporation, merger or
10 consolidation of the corporation.
11 With all of the acquisitions and
12 takeovers that are occurring, you certainly
13 don't want to make it more difficult for
14 shareholders to try to protect their interests
15 and, as we know, many of these mergers are
16 worked out where corporations or corporate
17 officers work out their compensations and their
18 arrangements and very frequently the only
19 protection that shareholders have is that they
20 can vote to disapprove the merger.
21 It also reduces the shareholder
22 approved percentage for sale of most of the
23 corporation assets, share exchanges and
1515
1 dissolution of the corporation.
2 I know the argument is going to
3 be made, well, we need this for business and we
4 want corporations in the state -- first of all,
5 it doesn't matter whether a corporation is
6 incorporated in Delaware or it's incorporated in
7 the Cayman Islands or Luxembourg, and so on.
8 What counts is where it has its plants, where it
9 has its facilities. Does it employ New Yorkers?
10 And it can do that with a Delaware charter or a
11 New York charter. That really means absolutely
12 nothing.
13 The argument is also made, well,
14 it's hard. We want to attract the best people
15 to be directors and unless you give them a lot
16 of rights and powers and so on, we're not going
17 to be able to get directors of high quality. I
18 -- I say nonsense to that argument. It's very
19 prestigious to be a director of a corporation,
20 particularly of a large corporation. They get
21 very well taken care of, but let me say, I can't
22 understand somebody saying, Well, I don't want
23 to be a director of a corporation if it's going
1516
1 to be democratically run, and if the people who
2 own the corporation are going to have a say.
3 I don't think that ought to -
4 any director who proceeds on that basis I
5 wouldn't want to have as a director. I question
6 what his fiduciary commitment is.
7 I really don't understand why we
8 would want to dilute shareholder control, why we
9 would want to move away from corporate democracy
10 and why we would allow just further raids, and
11 they have occurred. There have been raids.
12 There has been outrageous compensation that has
13 been paid to corporate officers far beyond
14 anything that can reasonably be said is just and
15 fair compensation.
16 Just this -- this just takes
17 money from shareholders. It takes money from
18 people who live in New York, who work in New
19 York. It makes corporations, to my mind, less
20 attractive to New York. I think that we ought
21 to keep the law as it is and let me tell you, my
22 friends, that law gives so many powers to
23 corporate executives and directors, if anything,
1517
1 we ought to be working to create more
2 shareholder democracy, not to weaken and lessen
3 it.
4 ACTING PRESIDENT KUHL: The Chair
5 recognizes Senator Dollinger.
6 SENATOR DOLLINGER: Mr.
7 President, just on the bill briefly.
8 I guess I must have been in the
9 same room with Senator Leichter when this bill
10 passed last year. There are some good things in
11 this bill that improve the activities of
12 shareholders and corporations, but there are two
13 provisions that I'm concerned about.
14 One we addressed in a specific
15 bill last time that I voted against and that was
16 the repeal of Section 630 of the Business
17 Corporation Law. That's the provision that says
18 payment of wages is one of the few exceptions to
19 liability on behalf of shareholders of a
20 corporation.
21 We have a law that says limited
22 liability applies. If you're a shareholder,
23 you're not bound by the debts, to pay the debts
1518
1 of the corporation except in one circumstance
2 and that is when someone goes out and works for
3 the corporation, the top ten shareholders are
4 liable for the payment of wages.
5 I note that in the memorandum
6 accompanying the bill, it says it hasn't been
7 utilized in New York since 1989. That's the
8 last reported case from New York on
9 shareholders' liability for wages.
10 I offer an explanation for that.
11 It's very simple. The statute is unequivocal.
12 There's no way to get out of it. If you're a
13 shareholder in a small corporation and you are
14 one of the top ten shareholders and the company
15 doesn't pay the wages of the employees you're
16 liable for them. We said that unequivocally and
17 as a consequence we don't need the courts to
18 interpret them. We didn't need a lot of case
19 law. You sue them, they pay.
20 I think that's a good provision
21 that protects the working class people in this
22 state who have the one thing that we all agree
23 could be the worst thing that could happen to
1519
1 anybody, that's to go to work for a small
2 corporation, work diligently, and then be told,
3 "I'm sorry, the corporation is going out of
4 business; we don't have to pay you."
5 One of the provisions that I'm
6 concerned about in this bill which, again, I
7 didn't take a careful look at until today is the
8 provision regarding loans to directors of
9 corporations. There's a provision in here that
10 says we generally have a ban on loans to
11 corporations unless they're expressly approved
12 by shareholders so that all the shareholders
13 know before the corporation is making a loan to
14 one of its favorite sons, a member of the board
15 of directors, the owner of the corporation's
16 brother-in-law, a closely held corporation of
17 family member, there may be dissident small
18 shareholders who want to know whether the loan
19 is being made.
20 This change says that you can
21 make a loan or guarantee, more importantly, the
22 corporation can guarantee a loan to a director,
23 simply by the corporation determining that the
1520
1 loan is in the best interests of the corporation
2 and represents a reasonable and prudent
3 investment.
4 Well, it seems to me if you have
5 three directors and all three of them say we'd
6 like to guarantee this loan, they can do that
7 without even notifying the shareholders, much
8 less asking the shareholders for their input. I
9 think that's a real danger that will create
10 disincentives for people to make investments in
11 small corporations. I think it will -- you will
12 find that small corporations will find it more
13 difficult to raise capital, especially from
14 venture capitalists if corporations can
15 guarantee or underwrite loans to directors
16 without the direct approval of shareholders.
17 So while I think this bill has
18 some good things that may justify a vote in
19 favor of it, I think the fact that it can leave
20 working people out in the cold and, in fact,
21 would let every corporation in this state leave
22 the people who work for them out in the cold not
23 getting paid and the fact that it would
1521
1 encourage practices that are inimical to the
2 interests of shareholders by allowing approval
3 of loans to directors without shareholder
4 approval, I can't justify an affirmative vote.
5 I'll be voting in the negative,
6 Mr. President.
7 ACTING PRESIDENT KUHL: Senator
8 -- any other Senator wishing to speak on the
9 bill?
10 SENATOR PATERSON: Mr.
11 President.
12 ACTING PRESIDENT KUHL: Senator
13 Paterson.
14 SENATOR PATERSON: Thank you, Mr.
15 President.
16 After listening to Senator
17 Dollinger, I really have some misgivings about
18 my vote last year and even my vote earlier today
19 when he advises us that in order to -- for loans
20 to be approved that it's something that exists
21 among the other directors and really doesn't
22 apply at all to the shareholders. When you
23 really think about that, you create almost a
1522
1 political arrangement between the directors and
2 that always seems to lead to some of kind of
3 compromise, and since I think sometimes the
4 world is drowning in an orgy of compromise we
5 have a whole circumstance that really leads to
6 what would not be the most prudent decisions.
7 The ten percent of the -- the ten
8 percent largest shareholders being responsible
9 for employee wages is another bill that we
10 passed earlier this session, was something that
11 a few of us voted against, and again we see it
12 appearing in this particular legislation, one
13 that's particularly dangerous when you start to
14 think about the fact, not only as Senator
15 Leichter pointed out that we have corporations
16 that are going out of business but it's still
17 paying high wages to the executives, but now we
18 have corporations that are actually turning
19 great profits who are still laying off large
20 sums of workers really because it's a good
21 corporate decision. It is not a good decision
22 for people. It is not a good decision for
23 workers. It is not a good decision for a
1523
1 greater number of people who will be affected
2 negatively than any who would benefit
3 positively.
4 Finally, the issue I'd like to
5 point out are the rights of preemption where a
6 shareholder that might say have one or two
7 percent of the -- of the entire value of the
8 corporation will lose their rights of preemption
9 if there's a reissue of corporate assets.
10 I think that's actually kind of
11 dangerous, and also the two-thirds to one-half
12 voting rule is one that is probably going to
13 diminish the smaller shareholders from having
14 any control and the larger shareholders who
15 often, when you co-aggregate all of their
16 holdings, it exceeds one-half, it really is
17 something that is moving in a direction; and so
18 the ambience of the legislation, in spite of the
19 fact that it provides for some very positive
20 things but it's kind of an omnibus corporate
21 bill, is one that really is doing nothing but
22 fostering what is a movement in this society, an
23 inertia that is really going to envelop us all
1524
1 if we don't do something to stop it, giving
2 greater advantages to the few, creating greater
3 encumbrances for the many.
4 So I want to thank Senator
5 Leichter for the reconsideration and would
6 advise that he is on a good course.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the last section.
9 SENATOR GOLD: Mr. President.
10 ACTING PRESIDENT KUHL: Senator
11 Gold.
12 SENATOR GOLD: Yeah. Would
13 Senator Skelos yield to a question?
14 ACTING PRESIDENT KUHL: Senator
15 Skelos, do you yield? Yes, Senator yields.
16 SENATOR GOLD: I want to give you
17 an opportunity to defend yourself. No.
18 Senator, the bill has -- I know
19 we've had it before, and I even see on the memo,
20 Senator John Daly, so I guess it's been around a
21 little bit, but there's an eight-page memo.
22 It's a rather comprehensive bill, and my
23 question is, do you know who developed it or
1525
1 where it came from?
2 SENATOR SKELOS: This -- this
3 legislation was worked on by Senator Daly when
4 he was in this house. It was drafted with the
5 assistance of the Corporate Law Committees of
6 the New York State Bar Association and the
7 Association of the Bar of the city of New York.
8 Now, I think one of the points
9 that -- that are being missed in this debate is
10 that this is merely permissive, that it will
11 allow individuals that want to incorporate in
12 New York State to do this. It can be a one-half
13 vote. It can be a two-thirds vote. We're not
14 saying it has to be one-half, and basically what
15 this is doing is it's putting New York State in
16 line with 48 other states in most instances with
17 this legislation so that companies will now
18 start incorporating in New York State rather
19 than Delaware or New Jersey, other states.
20 What that means, filing fees for
21 the state of New York, millions of dollars, we
22 could use the money. It means that when we're
23 incorporating, individuals will go to a New York
1526
1 State attorney rather than a Delaware attorney,
2 so that attorney will make a little money, pay
3 an income tax on it. Again New York State
4 benefits from it.
5 So what we're doing is we're
6 really recodifying the BCL, which has not been
7 done since 1963, bringing New York State in line
8 with the rest of the states and, quite honestly,
9 as Senator Leichter said, it's irrelevant where
10 you incorporate. Well, then if people don't
11 like the law as it presently exists in New York
12 State, they're going to go to other states and
13 incorporate where they can get the benefits that
14 they so desire.
15 But again, the most important
16 thing is this is permissive. You don't have to
17 use 50 percent, two-thirds. You don't have to
18 do the number of terrible things that this
19 legislation was accused of. It's merely
20 permissive.
21 SENATOR GOLD: Will you yield to
22 another question?
23 ACTING PRESIDENT KUHL: Senator
1527
1 Skelos, do you continue to yield?
2 SENATOR SKELOS: Yes.
3 ACTING PRESIDENT KUHL: Senator
4 continues to yield.
5 SENATOR GOLD: Yeah. Senator,
6 one thing that I think is odd and maybe it's
7 just that my notes are incomplete but I would
8 imagine that if the bill were developed by bar
9 associations, subcommittees on corporations -
10 and I'm not denying that it was, but that we
11 would have some memo in support from them which
12 basically says that their committees have met
13 and this is part of their work product or
14 supported by them, and I'm curious as to whether
15 there are any memos.
16 SENATOR SKELOS: Yes, we could
17 get that for you, but I think they felt that
18 this body in its infinite wisdom would see how
19 important and how good this legislation is, and
20 a memo would not be necessary but, in all
21 honesty, we can provide the memos to you.
22 SENATOR GOLD: All right. And if
23 the Senator would be kind enough to yield to
1528
1 another question.
2 ACTING PRESIDENT KUHL: Senator
3 continues to yield.
4 SENATOR SKELOS: Yes.
5 SENATOR GOLD: Senator, as you
6 know, there are a lot of corporations that
7 actually do get filed in the state of New York
8 and, as a practicing lawyer, I've done a number
9 of corporations and, in all fairness, it's
10 generally one- or two-person corporations and
11 you know, it's nothing very, very elaborate.
12 But, Senator, when you're talking about people
13 who have some degree of sophistication and who
14 may be considering incorporating in Delaware or
15 some other state, aren't there other issues
16 involved, tax issues and monetary issues which
17 are probably more overriding to them in terms of
18 the decision as to where they incorporate rather
19 than -
20 SENATOR SKELOS: That may be
21 something they may consider. I don't know if
22 it's overriding, but it's something I'm sure
23 they consider; but with the new atmosphere that
1529
1 exists in New York State with Governor Pataki
2 reducing the personal income tax, bringing down
3 the corporate taxes, bringing down the burdens
4 of regulation and over-regulation and now with
5 the adoption of the revisions to the BCL New
6 York State is going to be a magnet for people to
7 want to incorporate and have their business
8 located here.
9 SENATOR GOLD: Well, Senator -
10 Senator, and I promise this is going to be the
11 last question.
12 ACTING PRESIDENT KUHL: Senator
13 continues to yield.
14 SENATOR GOLD: I mean last year
15 this bill came before us, and for whatever
16 reasons, it did not receive the scrutiny that
17 apparently it's receiving today, and I have a
18 great respect for Senator Leichter and Senator
19 Dollinger and others.
20 I am, of course, always
21 interested if people in the professions working
22 through the bar associations have been involved,
23 and have certain beliefs. Would you consider
1530
1 perhaps laying the bill aside and having us get
2 the input, because I know from the point of view
3 of someone like myself, if in fact, you know, we
4 have that kind of support and the business
5 community says that we're not doing anything
6 wrong, or there's other arguments, or perhaps
7 there are things that we all want to weigh, and
8 you know it still, in all fairness, is kind of
9 early in the session and if it -- if it can
10 stand that test, I think it would just be
11 helpful to many of us who don't want to get into
12 a struggle between colleagues, but really we're
13 looking to really just educate ourselves about
14 it.
15 SENATOR SKELOS: You can smile?
16 SENATOR GOLD: At you I always
17 smile. It's only Onorato when I got to pay him
18 money, I don't smile.
19 SENATOR SKELOS: Why don't we do
20 this. If we now have an understanding that
21 we've vented on this legislation and we've
22 declared our war on corporations and in New York
23 State, I'd be happy to, at your request, to lay
1531
1 it aside until next week so that we can get you
2 some memos but this bill did pass last year,
3 quite honestly, and I do believe that if there
4 had been any real objection to it, Senator Gold,
5 that we would have heard in the last six, seven,
6 eight months objections to the legislation, but
7 out of respect -
8 SENATOR GOLD: You may actually
9 be right, and I appreciate the courtesy more
10 than anything.
11 SENATOR SKELOS: But I am
12 extending the courtesy. Lay the bill aside.
13 SENATOR GOLD: Thank you.
14 ACTING PRESIDENT KUHL: Secretary
15 will lay the bill aside.
16 Senator Santiago, why do you
17 rise?
18 SENATOR SANTIAGO: Mr. President,
19 I would like to be recorded in the negative on
20 Calendar 214, please.
21 ACTING PRESIDENT KUHL: Without
22 objection, and hearing no objection, Senator
23 Santiago will be recorded in the negative on
1532
1 Calendar Number 214. Calendar 214.
2 Secretary will continue to call
3 the controversial calendar.
4 THE SECRETARY: Calendar Number
5 230, by Senator Levy, Senate Print Number 5967,
6 an act to amend Chapter 145 of the Laws of 1995,
7 relating to addressing the situation in the
8 Roosevelt Union Free School District.
9 ACTING PRESIDENT KUHL: Secretary
10 will -
11 SENATOR DOLLINGER: I had asked
12 the bill be laid aside, and I understand Senator
13 Levy will be coming in momentarily just for a
14 quick explanation.
15 ACTING PRESIDENT KUHL: Senator
16 Levy, an explanation of Calendar Number 230 has
17 been asked for by Senator Dollinger.
18 SENATOR LEVY: Yes. Senator
19 Dollinger, this is a -- this is a bill that was
20 drafted by the state Department of Education
21 relating to the Citizens Advisory Committee that
22 works with the Regents and the Commissioner's
23 representative in overseeing the Roosevelt
1533
1 School District.
2 The first piece of the bill
3 relates to validating the appointment of the
4 chair of the Citizens Advisory Committee, Robert
5 Francis, who does not live in the Roosevelt
6 School District but lives adjacent to the
7 Roosevelt School District, and since the
8 Governor signed the bill into law he has been
9 the president, rather the chair of the advisory
10 committee and has been the driving force in
11 rehabilitating the school from an education
12 standpoint and from an infrastructure standpoint
13 and has worked closely with his panel and with
14 the Commissioner and Regents representatives.
15 So it is important that he stay in the position
16 that he is in.
17 The second at-large position is
18 being created for a highly respected minister in
19 the community who leads one of the largest and
20 most prominent religious institutions in the
21 community, Reginald Tuggle, and Mr. Tuggle had
22 lived in the Roosevelt community -- rather
23 Reverend Tuggle had lived in the Roosevelt
1534
1 community. His wife passed away and he has
2 moved into an adjacent community and all
3 involved, by virtue of the position of respect
4 that he holds in the community, are supportive
5 of adding a position -- of adding a second at
6 large position so that can be filled by Reginald
7 Tuggle.
8 Reginald Tuggle, in addition to
9 being a pastor of the church that I've outlined
10 this for you, he was also previously one of the
11 principal executors of a little tiny newspaper
12 that we have on Long Island called Newsday and
13 now -- now is -- holds a major executive
14 position with Nassau Community College. He was
15 a -- he is a person of extraordinary ability and
16 respect in the community.
17 ACTING PRESIDENT KUHL: Senator
18 Dollinger.
19 SENATOR DOLLINGER: Through you,
20 Mr. President, if the sponsor would just yield
21 to a couple questions.
22 ACTING PRESIDENT KUHL: Senator
23 Levy, do you yield?
1535
1 SENATOR LEVY: Yes, of course.
2 ACTING PRESIDENT KUHL: Senator
3 yields.
4 SENATOR DOLLINGER: Could you
5 just refresh my recollection as to how these
6 individuals are put on the advisory council. Is
7 it an election process? Is it a selection
8 process, selection process? Who actually makes
9 the decision as to who is on the advisory
10 council?
11 SENATOR LEVY: This is the
12 Regents and the Commissioner do the appointing.
13 SENATOR DOLLINGER: O.K. They
14 have appointive authority under the statute?
15 SENATOR LEVY: Yes, and you asked
16 me before and what has happened here is that
17 after -- and, incidentally, this bill is
18 sponsored by the school district's Assembly
19 representative in the Assembly, Assemblywoman
20 Earlene Hill, who was part of the discussions
21 that led to the state Education Department
22 developing the piece of legislation.
23 What has happened, to bring you
1536
1 up to date because you asked me privately before
2 the bill was called up what has gone on with the
3 school district, and to bring you up to date as
4 to what happened, let me go back in history.
5 Assemblywoman Hill wanted to ab
6 initio have the board removed as a part of the
7 legislation which became law. I felt, and the
8 Regents and the Commissioner agreed with me,
9 that the duly elected board members should have
10 the opportunity to work along with the Regents
11 and the Commissioner of Education in
12 rehabilitating the education process and the
13 infrastructure.
14 The final piece of legislation
15 left the board in place. That was signed into
16 law by the Governor. Unfortunately -- and we
17 still did the right thing the way we handled
18 it. Unfortunately, the board declined to go
19 along with -- with the plans that were outlined
20 by the Regents and Commissioner of Education's
21 representative, Dr. Domenech, and in fact, fired
22 the sitting superintendent without consultation
23 with Domenech, the Commissioner or the Regents,
1537
1 and there were a whole series of other alleged
2 omissions of responsibility both subsequent to
3 and prior to the state intervening in the
4 Roosevelt School District. The Commissioner and
5 the Regents drew up a set of charges, and I
6 think on the first business day in January the
7 Regents ousted the school board.
8 Now, I have to tell you that
9 Assemblywoman Hill and I have had really the
10 pleasure and the privilege a couple of weeks ago
11 to visit the school district and to tour the
12 school district, and there has been enormous
13 progress both educationally and from the
14 standpoint of infrastructure since the
15 Commissioner's people, the Commissioner's
16 representatives are now running the affairs of
17 the school district along with -- along with the
18 Citizens Advisory Committee.
19 Now, under the bill that we
20 passed which became law on May 21st, there will
21 be an election of new school trustees for this
22 school district, and that really brings you up
23 to date. It was really eye-opening, the
1538
1 progress that was made with the team of
2 administrators and educators that have been
3 brought in by the Regents and the Commissioner
4 to run the affairs of the school district.
5 ACTING PRESIDENT KUHL: Senator
6 Dollinger.
7 SENATOR DOLLINGER: Through you,
8 Mr. President. I greatly appreciate that
9 update. Senator, could you just answer one
10 question about the election that's upcoming,
11 again through you, Mr. President.
12 SENATOR LEVY: Yes, sir.
13 SENATOR DOLLINGER: Is there any
14 disqualification for those who run in that
15 election that would disqualify them if they
16 previously had held a board seat?
17 SENATOR LEVY: Yes. Let me just
18 bring you up to date on where we are. The
19 counsel to the state Department of Education has
20 advised not only the advisory committee but the
21 Commissioner's representatives and it's also
22 been publicly reported in the press, that in the
23 judgment of counsel to the state Department of
1539
1 Education, that the trustees who were ousted are
2 barred from -- for at least one year from the
3 date of the ouster from running for election to
4 the school board, that is the position that has
5 been taken by the Department through its counsel
6 so if if that issue is not litigated, that is
7 the Commissioner's decision as it relates to the
8 former trustees of the school board.
9 SENATOR DOLLINGER: Again through
10 you, Mr. President.
11 ACTING PRESIDENT KUHL: Senator
12 Dollinger. Senator Levy, do you constitute to
13 yield?
14 SENATOR LEVY: Yes.
15 ACTING PRESIDENT KUHL: Senator
16 continues to yield.
17 SENATOR DOLLINGER: Did the
18 legislation that we have passed contain that
19 debarment provision that bars them from running
20 for a term or is that -
21 SENATOR LEVY: That was in law
22 according to -- that was the law of the state
23 prior to the legislation that we passed that
1540
1 became law.
2 SENATOR DOLLINGER: O.K.
3 SENATOR LEVY: And that -- that
4 we have been told subsequent to the enactment of
5 the legislation by counsel to the Department and
6 the Commissioner's representatives that that is
7 their interpretation of the law prior to the
8 time that we did the Roosevelt legislation.
9 SENATOR DOLLINGER: O.K.
10 SENATOR LEVY: And the trustees
11 are barred.
12 SENATOR DOLLINGER: Thank you.
13 On the bill.
14 ACTING PRESIDENT KUHL: Senator
15 Dollinger, on the bill.
16 SENATOR DOLLINGER: Mr.
17 President, I voted against this bill last year
18 when the decision was made by this Legislature
19 to take over or to engage in a process that
20 could lead to the takeover of the Roosevelt
21 School District. I did so at that time because
22 I believed that the notion of local control of
23 education was so important to this state that we
1541
1 should respect the decisions of local school
2 boards, and I said at the time that I felt it
3 was the power and the responsibility of the
4 parents and those that live in this school
5 district to decide whether they wanted change
6 and use the elected statutory process to make
7 that change happen as, frankly, everyone in this
8 state has the power and ability to change their
9 school boards. We can change it simply by
10 exercising that power, going to the ballot box
11 and electing someone who will do the good things
12 that needed to be done in this district.
13 I was opposed at the time. I
14 still remain opposed to the idea of takeover. I
15 understand the good will, and, frankly, the
16 public good will that drives both Senator Levy
17 and his Assembly counterpart to not only propose
18 this but to see this difficult child through the
19 growth that's necessary to reach quality
20 education in the Roosevelt School District.
21 I would be opposed to this except
22 I guess I concede now that we're in the system.
23 We're in a situation where good things will
1542
1 happen if these members, that we enlarge the
2 group of the advisory council that it will
3 continue to drive it toward a better education
4 system, but I'd be remiss if I didn't suggest
5 again that, because of the importance of this
6 takeover which may presage other takeovers of
7 schools or even school districts in this state,
8 that this process has to be very careful in the
9 way it accommodates local interest.
10 My concern, and I said it at the
11 time, I'll repeat it now, is that when the state
12 leaves, what happens then? Putting members on
13 the advisory council who live outside the
14 district doesn't provide the long-term stability
15 that the community needs to generate inside
16 itself to support schools and, while I agree
17 that it may help the advisory council foment the
18 kind of educational principals, the kind of
19 educational respect that will rebuild this
20 school district, I think it's important that
21 this be done through the parents that have the
22 mower to control this district under normal
23 state law.
1543
1 So I'm going to vote in favor of
2 this, but I think of as we continue down this
3 path, we have to keep very close contact on
4 what's happening in this district and the
5 precedent it sets for all of us.
6 SENATOR LEVY: Senator, let me
7 just point out you that the panel as originally
8 constituted is not going to have two less
9 members than were originally contemplated. This
10 panel is being expanded by two, which will then
11 open up that panel to have two additional local
12 school district residents appointed in addition
13 to the validation of the Francis appointment and
14 the addition of Tuggle.
15 ACTING PRESIDENT KUHL: Chair
16 recognizes Senator Waldon.
17 SENATOR WALDON: Thank you very
18 much, Mr. President.
19 Would our learned colleague yield
20 for a question?
21 ACTING PRESIDENT KUHL: Senator
22 Levy, will you yield for a question?
23 SENATOR LEVY: Yes.
1544
1 ACTING PRESIDENT KUHL: The
2 Senator yields.
3 SENATOR WALDON: Senator, are the
4 schools in this district those which come under
5 the umbrella of SURR, S-U-R-R, Schools Under
6 Registration review to some extent?
7 SENATOR LEVY: I'm sorry. I
8 didn't -
9 SENATOR WALDON: The schools in
10 the district, the Roosevelt School District -
11 SENATOR LEVY: Yes.
12 SENATOR WALDON: -- are they
13 schools which have been labeled or designated,
14 which is a better term, SURR, S-U-R-R, Schools
15 Under Registration Review?
16 SENATOR LEVY: Yes, they have
17 been -- they have been, for a period of time
18 prior to the takeover of the school district,
19 under the special scrutiny of the Regents and
20 the Commissioner of Education because of the
21 deficiencies in the school district.
22 SENATOR WALDON: O.K. And is it
23 true that in 1989 the Regents created this
1545
1 vehicle when schools are chronically ill,
2 meaning they're not teaching the children, the
3 children are not learning at acceptable levels,
4 that they could come in and create a panel to
5 rectify that situation?
6 SENATOR LEVY: All I can tell you
7 is that the wheels that were put in motion that
8 led to the action that we took here in the last
9 night of the 1995 session were triggered by a
10 visit to the school district by Regent Sanford
11 and her team as a result of the deficiencies in
12 the school District and the report that she
13 triggered as a result of what she saw, and we
14 were in session. I wasn't there, but one of my
15 staff people were there and Assemblywoman Hill's
16 staff people were there at the time of the
17 Regent Sanford visit.
18 SENATOR WALDON: If I may, Mr.
19 President, one more.
20 ACTING PRESIDENT KUHL: Senator
21 Levy, you continue to yield?
22 SENATOR LEVY: Yes, sure.
23 ACTING PRESIDENT KUHL: Senator
1546
1 continues to yield.
2 SENATOR WALDON: Senator, the
3 panel that's in existence at this moment which
4 will be expanded by two, is that the panel that
5 was appointed by the Regents?
6 SENATOR LEVY: Yes, and pursuant
7 to the legislation we did that last night of the
8 session.
9 SENATOR WALDON: On the bill, Mr.
10 President.
11 ACTING PRESIDENT KUHL: Senator
12 Waldon, on the bill.
13 SENATOR WALDON: What Senator
14 Levy is proposing here is, in my opinion, the
15 right thing. Schools Under Registration Review
16 are schools which chronically fail to teach our
17 children, and it's only after a long history of
18 such failure has the Board of Regents, since
19 1989, decided that they will step in and create
20 a panel of persons to replace the failing board
21 in order to rectify that situation and bring the
22 schools up to speed, and I think what he's
23 looking to accomplish here is to that panel to
1547
1 add two persons who will more greatly reflect
2 the community's mind set in terms of dealing
3 with the issue, and I will support that.
4 I'll vote aye.
5 ACTING PRESIDENT KUHL: Chair
6 recognizes Senator Marcellino.
7 SENATOR MARCELLINO: Mr.
8 President, on the bill.
9 ACTING PRESIDENT KUHL: Senator
10 Marcellino, on the bill.
11 SENATOR MARCELLINO: I sincerely
12 support the actions of my colleague, Senator
13 Levy. He's taken, and Assemblywoman Hill has
14 taken great strides to promote good quality
15 education for young people on Long Island.
16 It is a shame, it is a disgrace
17 that a system charged with the responsibility of
18 educating our youth, our future, was allowed to
19 get to the position that this district
20 eventually reached. These two people who are
21 being added to this board will further the
22 effort to make quality education our goal and
23 quality education for the kids of the Roosevelt
1548
1 School District.
2 I would hope as a former
3 educator, that this procedure acts as a model.
4 I disagree with my colleague across the way. We
5 need a more activist state ed' board. There are
6 too many schools on Long Island and throughout
7 the state that are failing our youngsters, that
8 are not living up to their charter, that are
9 not living up to their charge, and state ed', if
10 it's going to stay in existence and if it has
11 any real purpose, should step in and move in
12 with effort, carefully involving those people in
13 the community that are concerned and give a darn
14 and take care and move to quality education is
15 prime. All the other shenanigans that go on,
16 but quality education. Too many districts are
17 failing our young people, and this legislation
18 should be used as a model for that kind of take
19 over.
20 ACTING PRESIDENT KUHL: Is there
21 any other Senator wishing to speak on the bill.
22 Senator Dollinger, why do you
23 rise?
1549
1 SENATOR DOLLINGER: Will Senator
2 Marcellino yield to a question?
3 ACTING PRESIDENT KUHL: Senator
4 Marcellino, will you yield to a question?
5 SENATOR DOLLINGER: Senator, I
6 agree with you we need to improve education in
7 lots of those districts, but isn't the first
8 line of defense the local school board? We give
9 them the power to decide that.
10 SENATOR MARCELLINO: That's
11 right.
12 SENATOR DOLLINGER: If we give
13 them the power to do that and they don't change
14 the composition of the school board, why should
15 we assume that we can do it better?
16 SENATOR MARCELLINO: You're
17 absolutely right, Senator. I have sat on a
18 local school board. I ran for election and I
19 sat on a school board and I know the nature of
20 the problems a local school board member has to
21 deal with, and it's not easy. However, there
22 are many instances where the school districts
23 are simply not being run up to what anybody
1550
1 would -- anybody would conceive of quality
2 education for these kids. The primacy must be
3 the kid. The primacy must be quality education
4 for the students.
5 I don't care one iota about the
6 school board members. I care about the kids in
7 those districts and, if those board members are
8 failing to charge -- to do their charge and
9 failing to perform their duty, they should be
10 removed. That is our responsibility here in the
11 state. Education is a state responsibility,
12 it's time we take responsibility, Senator,
13 rather than just talk about it.
14 ACTING PRESIDENT KUHL: Senator
15 Dollinger, you have the floor.
16 SENATOR DOLLINGER: Mr.
17 President, just in response to Senator
18 Marcellino, I agree it's a state
19 responsibility. I hope that, when we have a
20 debate later on this year, we have a debate
21 about how the state is going to fulfill that
22 responsibility by eliminating some of the
23 proposals that came from the second floor that I
1551
1 think will devastate the quality of education in
2 this state, which will devastate special
3 education in this state.
4 There's a whole lot in this
5 budget which I hope, and I think Senator
6 Marcellino will join us, we're going to have to
7 change to achieve that goal, but my concern is
8 about our centuries old system of local control
9 of education.
10 We have procedures in law that
11 allow the removal of school board members if
12 they don't achieve that goal. In the case of
13 the Roosevelt School District, what we did, we
14 didn't remove one member, what we ended up doing
15 was removing them all.
16 My concern -- my concern
17 throughout this has been, if the parents of a
18 community don't stand up and demand quality
19 education for their children, if they don't
20 stand up and demand that the candidates for
21 their school board provide it and have the guts
22 to tax for it to provide it, it seems to me that
23 to have it imposed from the top is the wrong way
1552
1 to do it, and I think local control of that,
2 local control and local quality of education.
3 ACTING PRESIDENT KUHL: Senator
4 Marcellino, you asking Senator Dollinger to
5 yield?
6 SENATOR MARCELLINO: Yes, I am.
7 ACTING PRESIDENT KUHL: Senator
8 Dollinger, do you yield?
9 SENATOR DOLLINGER: I will, Mr.
10 President.
11 ACTING PRESIDENT KUHL: Senator
12 yields.
13 SENATOR MARCELLINO: Senator,
14 with all due respect and certainly no animus
15 between us, are you familiar with the percentage
16 of people voting in local school board
17 elections?
18 SENATOR DOLLINGER: I know it's
19 extremely low.
20 SENATOR MARCELLINO: It is
21 extremely low, and that becomes a problem. You
22 have a minority of a minority of a minority
23 actually getting involved in school board
1553
1 elections and special interest groups, and I
2 don't care what their meaning is, I don't care
3 what titles or acronyms you give them, get
4 involved and start to take over school districts
5 and that's not necessarily always in the child
6 or the children's best interests, and the state
7 must act as a monitor, and it must act and I
8 mean act in a positive way to protect the
9 interests of the children of the district.
10 We've done that here in the
11 Roosevelt system. It's working. I've talked to
12 some of the people over there. I've talked to
13 people in the district. It's not that far away
14 from mine. I've talked to Representative Hill
15 who has, by the way, taken some heat for her
16 courageous stand on this, as has Senator Levy.
17 This is something that had to be
18 done, and it was done in the correct way. I
19 don't say we should walk in willy-nilly and take
20 over every district in town, but certainly
21 districts out there have to know there is a real
22 state ed' department and not some shell out
23 there that pretends that it exists, but a real
1554
1 one.
2 ACTING PRESIDENT KUHL: Senator
3 Dollinger, you have the floor.
4 SENATOR DOLLINGER: Yeah, Mr.
5 President, I'll just conclude.
6 Senator Marcellino, I don't think
7 we disagree on the ultimate objective. My
8 concern continues to be that local judgments,
9 the people closest to those school districts, I
10 agree with you, it's reprehensible that only 10
11 percent of the people vote but the other 90
12 percent have the power to go to the polls, they
13 have the power to influence the process. They
14 simply neglect to do it.
15 My concern is, I said this at the
16 time. I'm in favor of this. I'm going to vote
17 in favor of this, but at the time I said I was
18 terribly concerned about the notion that the
19 people who have the power, who have the
20 statutory power to change that school board,
21 aren't using it and we're assuming because
22 they're not using it we're going to substitute
23 our judgment for theirs. That's my concern.
1555
1 ACTING PRESIDENT KUHL: The Chair
2 recognizes Senator Levy to close.
3 SENATOR LEVY: Let me just clear
4 the record because, number one, we did not
5 remove the school board. We did not remove the
6 school board through the legislation which
7 became law. That's what the Assembly wanted to
8 do.
9 We did not -- we did not want to
10 go in that direction, and the final piece of
11 legislation created a mechanism to remove the
12 school board if certain conditions were met, and
13 the school board was given the opportunity to
14 work with the Regents, to work with the
15 Commissioner, to work with the advisory
16 committee, and finally in January, through an
17 administrative hearing where the Regents sat in
18 judgment on specifications that were drawn up by
19 the Commissioner, after really what was a trial,
20 they then acted and removed the school board.
21 So I wanted the record to be
22 clear. We did not take away the duly elected
23 members of the school board by legislative
1556
1 action that was signed into law by the
2 Governor. It was the process that I've laid
3 out.
4 Now, in fairness to the
5 Commissioner of Education, and the Regents, they
6 wanted a broader power to move as ultimately
7 they moved in the Roosevelt School District with
8 an intervention, to give them that power on a
9 statewide basis, but I have to tell you, I felt
10 that the route that we should go was the route
11 that we went with the Roosevelt School District
12 and not to usurp the powers of the community
13 that elect school board members, that we should
14 not give that power to the Commissioner or to
15 the Regents, that it should be exercised very,
16 very sparingly and only if the duly elected
17 representatives in the Senate and Assembly that
18 represented the school district, certainly after
19 much thought and deliberation and concern and
20 anxiety and communication in the community, were
21 to sponsor legislation on a case-by-case basis
22 to take that action.
23 So the record is clear, the
1557
1 Commissioner did want the generic omnibus
2 comprehensive power to move against any school
3 district in the state; and let me, finally, say
4 so that it's crystal clear, number one, I don't
5 want anyone to draw the conclusion that somebody
6 made a judgment that of all the school districts
7 in the state that weren't meeting their respon
8 sibilities that Roosevelt was number -- number
9 one in the state. I don't think anybody can
10 make that judgment that there weren't other
11 school districts that were more deserving of
12 being the first school district to create a
13 power where the Regents and the Commissioner
14 could intervene and essentially take over that
15 school district.
16 For a lot of reasons, the Regents
17 and the Commissioner of Education and the
18 legislators that represent this district felt
19 this was the district to move forward with on
20 the first initial basis, and that's why
21 Roosevelt was selected by the Regents, the
22 Commissioner, and we went along with it.
23 ACTING PRESIDENT KUHL: Secretary
1558
1 will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 60.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 Secretary will continue to call
11 the controversial calendar.
12 THE SECRETARY: Calendar Number
13 252, by Senator Skelos, Senate Print 1740, an
14 act to amend the Executive Law and the Penal Law
15 in relation to payment of a fee by persons
16 sentenced to probation.
17 ACTING PRESIDENT KUHL: Senator
18 Abate.
19 SENATOR ABATE: Yes, on the bill.
20 ACTING PRESIDENT KUHL: Senator
21 Abate, on the bill.
22 SENATOR ABATE: Last year a
23 number of state Senators and I voted against
1559
1 this bill.
2 If you look at the bill and on
3 first impression the bill seems benevolent. It
4 seems as though it makes a lot of sense, because
5 why shouldn't we ask probationers to defray the
6 cost of probation supervision?
7 However, the way the legislation
8 is drafted, it will become a burden for some
9 probation departments around the state. In
10 fact, it will become an unfunded mandate for
11 some certain probation departments and a benefit
12 for others.
13 So last year, I proffered an
14 amendment that left it as a local option. The
15 county or the city of New York could be in a
16 position to adopt a local law so that they could
17 require probationers to pay a fee. This
18 legislation requires all probation departments
19 to collect these fees.
20 In speaking to a number of the
21 departments and also in my experience as the
22 Commissioner of the New York City Department of
23 probation, particularly in New York City, this
1560
1 kind of legislation would be extremely onerous.
2 And why is that? It's because there would have
3 to be an investment in a large number of
4 administrative staff, staff that does not exist,
5 that has to investigate whether an individual
6 had sufficient means to pay the fee and then
7 there would be required additional staff to
8 collect this fee on a monthly basis, and in New
9 York City, there are about 80,000 people on
10 probation. There are complaints by victims that
11 there are not sufficient probation officers to
12 talk with victims in preparing a victim impact
13 statement.
14 There are complaints by
15 communities that the case loads of 200 or more,
16 probation officer on average has to supervise
17 200, 250 people. If you go around the state,
18 the numbers are less, but certainly there are
19 huge case loads. So at a time when the Governor
20 is proposing a 25 percent cut in probation aid,
21 state aid to probation departments around the
22 state, this kind of legislation which seemingly
23 would produce more revenue for certain
1561
1 departments will become a tremendous burden for
2 others.
3 The better way of dealing with
4 this situation is to change the language of the
5 bill, not mandate it, but give it to local
6 option. I've spoken again to a number of the
7 departments. They would prefer the bill being
8 drafted that way. Again, it's certainly a
9 benefit to departments like Nassau County, where
10 many of the probationers are there because of
11 DWI, driving while impaired or driving while
12 intoxicated. Many of the probationers have a
13 means to pay, and clearly I have no opposition
14 to having those probationers pay a fee to
15 support the expense of the probation
16 department.
17 But, on the other hand, mandating
18 probation departments such as the city of New
19 York which may have at this point I think 80,000
20 people, many of them are felons, most of them
21 are indigent individuals, what this means for
22 that department is that the cost of setting up
23 the administrative apparatus will far exceed any
1562
1 revenue that they can possibly collect in any
2 given year.
3 I hope that this bill will go
4 back to the drawing boards. There was a request
5 last year. I think this bill will receive bi
6 partisan support in both houses if the language
7 was changed and again this year -- I know the
8 sponsor of the bill is not in the chamber. I
9 again hope that he will consider laying it
10 aside, amending this bill so that counties can
11 decide what's in their best interest. We should
12 not be passing along to a county another
13 unfunded mandate that will further burden
14 certain probation departments in the state.
15 For these reasons, as I stated
16 today, I am not supporting the bill. I am
17 asking my colleagues again to oppose this bill.
18 Join me, let's produce better legislation. I
19 think we'll receive full support by every
20 probation department around the state if these
21 changes were made.
22 ACTING PRESIDENT KUHL: Is there
23 any other Senator wishing to speak on the bill?
1563
1 Hearing none, the Secretary will
2 read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the first day of
5 November.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll. )
9 ACTING PRESIDENT KUHL: Announce
10 the results when tabulated.
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 252 are Senators
13 Abate, Connor, Gold, Leichter, Markowitz,
14 Mendez, Montgomery, Onorato, Paterson, Santiago,
15 Seabrook, Smith and Waldon. Ayes 47, nays 13.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 Secretary will continue to call
19 the controversial calendar.
20 THE SECRETARY: Calendar Number
21 259, by Senator Rath, Senate Print 539A, an act
22 to amend the Education Law, in relation to
23 student refunds of certain financial aid grants.
1564
1 ACTING PRESIDENT KUHL: Senator
2 Leichter, why do you rise?
3 SENATOR LEICHTER: Mr. President,
4 I wanted to ask Senator Rath to answer some
5 questions on the bill.
6 ACTING PRESIDENT KUHL: Senator
7 Rath, do you yield to Senator Leichter?
8 SENATOR RATH: Yes, Mr.
9 President.
10 ACTING PRESIDENT KUHL: The
11 Senator yields.
12 SENATOR LEICHTER: Senator, I
13 didn't notice before. You have a cast on. I'm
14 sorry to see that, but I'm not going to ask you
15 about that now. Those weren't the questions I
16 had in mind.
17 Senator, as I read your bill -
18 and I understand that your concern and what it's
19 aimed at is that if some student has illegal
20 income and he hasn't reported that income and he
21 has qualified himself for student aid not
22 disclosing that income, this bill would provide
23 that that student would be declared ineligible
1565
1 and would lose his student aid, and I have no
2 problem with that. But I think as you have
3 worded the bill, I just don't think that it
4 works because what you've also done is that you
5 have included not only the student or the spouse
6 and his parents but you haven't provided any
7 nexus between a spouse or a parent having
8 illegal income and the student receiving that
9 income.
10 So as I read the bill, in an
11 instance where there is a student and let's say
12 his father's an embezzler, embezzles money from
13 the bank, that's never reported on the financial
14 forms, and it's obviously not going to be
15 reported, and the parent gets convicted, even
16 though the student never got a penny of it,
17 under your bill the student would be ineligible
18 for financial aid. I don't think you intend
19 that but, as I read the bill, that seems to be
20 the interpretation.
21 SENATOR RATH: Senator Leichter,
22 the same question was asked by Senator Paterson
23 last year.
1566
1 SENATOR LEICHTER: Oh, was it?
2 SENATOR RATH: Yes, and we walked
3 through it, and I have the transcript of last
4 year. But rather than reading through the whole
5 thing, I would tell you that a synopsis of my
6 response to Senator Paterson's question was that
7 at the time of the request, the application for
8 student assistance, the student needs to
9 indicate that they know of no illegal activity;
10 and if a student knows of no illegal activity,
11 then they are not responsible for returning or
12 for the requirements of this bill, which what
13 this bill asks -- what it sets in place is a way
14 for the Higher Education Services Corporation to
15 be able to identify students, because right now
16 there is no coordination between the state's
17 criminal justice system.
18 And if you'll recall, what really
19 brought this bill about was a student on the
20 Buffalo State College campus. You may recall I
21 came in one day passing copies out to everyone.
22 I was so outraged when I found that this young
23 woman who was in a prostitution ring was
1567
1 receiving TAP awards, and there was no way that
2 we could go back and make this happen that she
3 would have to return the dollars; and so,
4 although that was brought about because of this
5 prostitution ring, there are other things that
6 might -- it might be a drug ring rather than
7 prostitution. It could be any number of things.
8 But, again, we did walk through
9 that question last year.
10 SENATOR LEICHTER: Senator -
11 ACTING PRESIDENT KUHL: Senator
12 Leichter.
13 SENATOR LEICHTER: -- if you
14 would be good enough to yield, and if you
15 convinced somebody as tough and hard as Senator
16 Paterson then maybe I shouldn't be venturing
17 forth, but I must say I don't understand.
18 The fact that the student has to
19 say, "I knew," or whether he knows of any
20 income, suppose the student -- suppose the
21 student has knowledge that his father engaged in
22 criminal activity. In fact, he has to know that
23 because under your bill it only works if there
1568
1 is a conviction, so, obviously, he would know.
2 He says, "Yes, my father was convicted of
3 embezzling a million dollars from the bank"; but
4 where is the nexus?
5 "Yeah, he took that million
6 dollars and took his girlfriend and went off to
7 the Bahamas. I never got a penny of it."
8 I mean where -- where is the
9 requirement in here that the illegal income
10 actually went to the recipient of the student
11 aid? That's what I think is missing here.
12 I have no problem if you want to
13 limit it to students. I think what creates the
14 difficulty in the bill is when you add the
15 spouse and the parent, and you don't make it
16 clear that the illegal monies went to help the
17 student.
18 SENATOR RATH: The understanding
19 that we developed last year as we finished out
20 the debate on the floor was that the application
21 for the tuition assistance was clear enough, and
22 through that process, as the student signs his
23 name on the application for the tuition
1569
1 assistance, that it was clear enough that we
2 would be able to go forward making possible the
3 interaction between the criminal justice system
4 and the higher education system so that the
5 student could be identified and the information
6 could be retrieved and, indeed, the dollars
7 recovered.
8 Because of the obvious need for
9 every dollar that we can give to tuition
10 assistance for students who are deserving and
11 who are crying out for help, to have a student
12 receiving dollars that has parents involved in
13 illegal activities and if the student says they
14 knew about it, they should not have, in the
15 first case, asked for tuition assistance at that
16 point, because this will make it very clear.
17 SENATOR LEICHTER: Senator Rath,
18 I, again, commend you for dealing with the
19 problem, but I must say as your bill is written
20 -- and I'm not at all sure that that's cured by
21 the application. I'm not going to make a fuss
22 about it, but it may well be the reason that the
23 bill is here for a second year in a row without
1570
1 getting action from the Assembly is that there
2 may be some problem with the bill, and maybe by
3 trying to make it so broad -- if you would just
4 limit it to the student, then it would be very
5 clear. There would be no problem with it, and I
6 would think that the other house would act on
7 it.
8 It may well be that the other
9 house felt, as, obviously, Senator Paterson did
10 last year and I did this year, that at least
11 reading the bill -- maybe, in some ways or
12 other, the forms will cure the problem, but I
13 think you've got a real problem because you
14 don't make it at all clear that monies that the
15 spouse or the parents may have illegally gotten
16 have to be given to the recipient of the student
17 aid in order for us, in justice, to say, "Wait a
18 second, you got this illegal money. You knew
19 the money was illegal when you got it. You
20 didn't report it. You used it and yet you
21 received student aid."
22 Seems to me without that nexus,
23 the bill seems to be lacking something.
1571
1 ACTING PRESIDENT KUHL: Secretary
2 will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 60th day.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 60.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: Do you have
13 some housekeeping at the desk?
14 ACTING PRESIDENT KUHL: Yes, we
15 do.
16 Return to motions and
17 resolutions.
18 The Chair recognizes Senator
19 Present.
20 SENATOR PRESENT: Mr. President.
21 On behalf of Senator Leibell, on page 10, I
22 offer the following amendments to Calendar 226,
23 Senate Print 5928, and ask that it retain its
1572
1 place on the Third Reading Calendar.
2 ACTING PRESIDENT KUHL:
3 Amendments to Calendar Number 226 are received
4 and adopted. The bill will retain its place on
5 the Third Reading Calendar.
6 Senator Dollinger, why do you
7 rise?
8 SENATOR DOLLINGER: Mr.
9 President. I believe I have a privileged
10 resolution at the desk. I would ask that it be
11 read in its entirety, as it relates to a former
12 member of this body.
13 ACTING PRESIDENT KUHL: Senator
14 Dollinger, you are absolutely correct. There is
15 a special, very privileged resolution at the
16 desk.
17 I will ask the Secretary to read
18 it in its entirety.
19 THE SECRETARY: By Senator
20 Dollinger, Legislative Resolution, expressing
21 sincerest sorrow upon the occasion of the death
22 of the Honorable Ralph Quattrociocchi, former
23 New York State Senator from the 55th Senatorial
1573
1 District.
2 Whereas, it is the sense of this
3 Legislative Body that those who give positive
4 definition to the profile and disposition of the
5 communities of the State of New York do so
6 profoundly strengthen our shared commitment to
7 the exercise of freedom; and
8 Whereas, attendant to such
9 concern and fully in accord with its
10 long-standing traditions, it is the intent of
11 this Legislative Body to express sincerest
12 sorrow upon the occasion of the death of the
13 Honorable Ralph Quattrociocchi, former New York
14 State Senator from the 55th Senatorial District;
15 and
16 Whereas, Ralph Quattrociocchi is
17 survived by his wife, Sharon, and by four
18 children, Stephen of Washington, D.C., Sue-Ellen
19 of Rochester, Aimee of Pittsburgh, and Andrew,
20 who is stationed with the Navy in Japan; he is
21 also survived by his brothers Peter and John of
22 Rochester and Frank of San Francisco and his
23 sisters, Rose and Jeanette, both of Rochester;
1574
1 and
2 Whereas, Ralph Quattrociocchi was
3 a lifelong resident of Monroe County; after
4 graduating from Edison Technical High School, he
5 served in the United States Air Force, assigned
6 to a unit specializing in radar systems;
7 following the Air Force, Ralph Quattrociocchi
8 took a job with American Telephone and
9 Telegraph, where he worked for more than 30
10 years; and
11 Whereas, Ralph's political career
12 started in 1975 when he was elected to the
13 Monroe County Legislature, representing Greece;
14 he was elected to five consecutive terms; and
15 Whereas, in 1984, Mr.
16 Quattrociocchi was elected to the State Senate;
17 and
18 Whereas, Ralph Quattrociocchi
19 went on to win a third term in 1988;
20 Ralph Quattrociocchi was a leader
21 in the drive to extend Route 531 from Manitou
22 Road to Ogden and was reelected in 1990;
23 Most recently, Ralph had been
1575
1 spending two or three days a week tutoring
2 children at Hope Hall, a private academy that
3 specializes in helping students with learning
4 problems; and
5 Whereas, Ralph Quattrociocchi did
6 so magnanimously labor for the positive and
7 salutory definition of the 55th Senatorial
8 District; and
9 Whereas, Robert Ingersol once
10 wrote these words concerning the death of his
11 brother: "If everyone to whom he had rendered
12 some loving service were to bring but one
13 blossom to his grave, he would sleep beneath a
14 wilderness of flowers"; and
15 Whereas, it is the sense of this
16 Legislative Body that Ralph Quattrociocchi
17 sleeps beneath a wilderness of flowers; and
18 Whereas, through his long and
19 sustained commitment to the ideals and
20 principles upon which this beloved nation was
21 first founded, Ralph Quattrociocchi did so
22 unselfishly advance that spirit of united
23 purpose and shared concern which is the
1576
1 unalterable manifestation of our American
2 experience; now, therefore, be it
3 Resolved, That this Legislative
4 Body pause in its deliberations and express
5 sincerest sorrow upon the occasion of the death
6 of the Honorable Ralph Quattrociocchi, fully
7 confident that such procedure mirrors our
8 commitment to preserve, to enhance and yet to
9 effect that patrimony of freedom which is our
10 American heritage; and be it, further
11 Resolved, That a copy of this
12 resolution, suitably engrossed, be transmitted
13 to Mrs. Ralph Quattrociocchi and family, Monroe
14 County, New York.
15 ACTING PRESIDENT KUHL: Senator
16 Dollinger, the chair has had a couple of
17 inquiries from members already, that they would
18 like to inquire as to whether or not you were
19 going to open it up.
20 SENATOR DOLLINGER: Absolutely,
21 Mr. President.
22 ACTING PRESIDENT KUHL: And I
23 would ask the Acting Majority Leader if the
1577
1 procedure will be that we will put all of the
2 members on the resolution unless there is
3 somebody who does not wish to be, if they would
4 notify the desk. So we will take that
5 procedure.
6 The Chair recognizes Senator
7 Dollinger, on the resolution.
8 SENATOR DOLLINGER: Mr.
9 President. Ralph Quattrociocchi was the best
10 known man in Monroe County. There are two
11 people in this chamber that know that for a
12 fact. One is me and the other is Guy Velella.
13 We both spent a lot of falls polling the name
14 Ralph Quattrociocchi in Monroe County, and I can
15 tell you that about 93 percent of the people in
16 our county recognize that very distinctive
17 Italian surname, and I can tell you that it was
18 very difficult to run against him.
19 Ralph was a man of Monroe County;
20 and I'm not surprised, I guess, that Ralph,
21 who'd had a heart problem before, died because
22 of a heart problem. He gave a lot of that big
23 heart to Monroe County and to the people there.
1578
1 Although I ran against him, I've
2 worked with him. I worked with him once in a
3 defense fund for him when I think he was
4 unjustly accused of a crime, and unfortunately
5 so. I worked with him in the Democratic Party
6 and then, lo and behold, I ran against him when
7 he was both a Conservative and a Republican.
8 But as I told the newspapers when
9 I learned of his death, there was never any
10 doubt about where his heart was. It was with
11 the people of the county, the working people of
12 the county and the town of Greece, his beloved
13 home.
14 My regrets and sadness go to his
15 wife and his family. I know Ralph was buried
16 today in Rochester. He was an important figure
17 in Rochester because of what he stood for and
18 what he contributed.
19 And, Ralph, I wish you eternal
20 rest.
21 ACTING PRESIDENT KUHL: The Chair
22 recognizes Senator Gold on the resolution.
23 SENATOR GOLD: Thank you, Mr.
1579
1 President.
2 First of all, I'm really -- I
3 don't know whether happy is the right word. I
4 am delighted that Senator Dollinger has offered
5 the resolution and said the words that he has
6 said. This is a tough business and we can
7 define the word "tough" with many other
8 adjectives, some not so nice, and it was very
9 difficult for me and for some of our colleagues
10 when politics took the turns that it took, and
11 there was some friction between Ralph and the
12 Democratic Party.
13 But if the truth be told, the man
14 was a very, very sweet lovable man whose company
15 I enjoyed many, many days and evenings when he
16 sat in this legislative body. I didn't agree
17 with him on a lot of political issues, but I
18 could never ever allow anybody to even suggest
19 that any vote he ever made was other than from
20 his heart.
21 As a matter of fact, there were
22 times politically when members of this
23 conference suggested that there were safer ways
1580
1 of doing certain things politically, and there
2 were safer ways of phrasing his political
3 positions, and he really wasn't interested in
4 that. He was interested in saying what was on
5 his mind and letting the chips fall where they
6 may.
7 And, from my point of view, as
8 someone who did not share a lot of his political
9 views, I was lucky to share his company, and the
10 man was absolutely a delight on a personal basis
11 and I will miss him, and I want to extend my
12 personal feelings of remorse to his family.
13 And, I know that wherever Ralph
14 is he is smiling down because he is out there
15 playing golf and George and I aren't.
16 ACTING PRESIDENT KUHL: The Chair
17 recognizes Senator Onorato on the resolution.
18 SENATOR ONORATO: Mr. President.
19 I rise, too, to join with my colleagues in
20 expressing my extreme sorrow in hearing of the
21 death of Ralph Quattrociocchi.
22 As many of you know, Ralph and I
23 were extremely close while he was serving in
1581
1 this chamber. I got him back to playing golf
2 again, and we had many, many an enjoyable
3 afternoon after session or before session out on
4 that course with many of the members of this
5 chamber.
6 And, Ralph's temperament on the
7 golf course was the same as it was here in the
8 chamber. Nothing fazed him, didn't get excited
9 about anything. He did what he had to do, and
10 he did it with all his heart and soul.
11 And he certainly will be missed
12 not only by his family but by every one of us in
13 here who consider him part of our own family;
14 and to his family, I extend my heartfelt sorrow,
15 and if there's anything that I can do to
16 alleviate their pain, I hope that they will call
17 on me to do so.
18 ACTING PRESIDENT KUHL: Is there
19 any other Senator wishing to speaking on the
20 resolution?
21 Chair recognizes Senator Alesi.
22 SENATOR ALESI: Thank you, Mr.
23 President.
1582
1 It's unfortunate that I would
2 have to rise under these circumstances and, yet,
3 I consider it a honor and a privilege to speak
4 about Q, the man whose last name was so
5 difficult for so many people, but it was so easy
6 to know him and to like him.
7 He was certainly a man of the
8 people, someone that could very well be a role
9 model for so many people who were just looking
10 for a politician who was a good man at the same
11 time. I think Ralph Quattrociocchi was someone
12 that all of us, including myself, learned an
13 awful lot from, and, unfortunately, he won't be
14 here for us to learn so much more.
15 Thank you, Mr. President.
16 ACTING PRESIDENT KUHL: Chair
17 recognizes Senator Smith.
18 SENATOR SMITH: Thank you, Mr.
19 President.
20 It is with deep sorrow that I
21 rise to bring condolences to the family of Ralph
22 Quattrociocchi.
23 Some eight years ago when I came
1583
1 here, I met with Ralph's quick wit and his
2 beautiful smile. I will never forget my first
3 night in Albany when we had a dinner, and he and
4 former Senator Donald Halperin had this ongoing
5 joke about a brick; and, somehow, the next day I
6 ended up bringing this brick into the chambers
7 in a briefcase, thanks to Senator Gold.
8 Well, Ralph, you have the brick.
9 We miss you. We loved you, and anything that we
10 can do on behalf of the family, we are here.
11 ACTING PRESIDENT KUHL: The
12 question is on the resolution.
13 All those in favor, signify by
14 saying aye.
15 (Response of "Aye.")
16 Opposed, nay.
17 (There was no response.)
18 The resolution is unanimously
19 adopted.
20 Senator Lachman, why do you
21 rise?
22 SENATOR LACHMAN: Yes. I was
23 temporarily out of chamber when the vote took
1584
1 place on calendar item 252. I would ask the
2 Chair for unanimous consent to be permitted to
3 vote in the negative on calendar item 252.
4 ACTING PRESIDENT KUHL: Without
5 objection, hearing no objection, Senator Lachman
6 will be recorded in the negative on Calendar
7 Number 252.
8 Chair recognizes -
9 SENATOR DEFRANCISCO: Are there
10 any other housekeeping matters?
11 ACTING PRESIDENT KUHL: No, sir.
12 SENATOR DEFRANCISCO: If not, I
13 move that we adjourn out of respect for Senator
14 Ralph Quattrociocchi, until 11:00 a.m. tomorrow,
15 February 27, 1996.
16 ACTING PRESIDENT KUHL: Without
17 objection, the Senate stands adjourned until
18 tomorrow, February 28, at 11:00 a.m., in respect
19 to our former colleague, Ralph Quattrociocchi.
20 (Whereupon, at 5:26 p.m., Senate
21 adjourned.)
22
23