Regular Session - July 1, 1996

                                                                 
9005

         1

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         4

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         7

         8                       ALBANY, NEW YORK

         9                         July 1, 1996

        10                          5:00 p.m.

        11

        12

        13                       REGULAR SESSION

        14

        15

        16

        17       SENATOR JOHN R. KUHL, JR., Acting President

        18       STEPHEN F. SLOAN, Secretary

        19

        20

        21

        22

        23











                                                             
9006

         1                       P R O C E E D I N G S

         2                      ACTING PRESIDENT KUHL:  The

         3       Senate will come to order.  Ask the members to

         4       find their places, the staff to find their

         5       places.  I'd ask everybody in the chamber to

         6       rise and join me in saying the Pledge of

         7       Allegiance.  Please remain standing for the

         8       invocation.

         9                      (The assemblage repeated the

        10       Pledge of Allegiance to the Flag.)

        11                      We're very pleased to be joined

        12       by Peter G. Young of the Blessed Sacrament

        13       Church of Bolton Landing.

        14                      Father Young.

        15                      REVEREND PETER G. YOUNG:  Thank

        16       you, Senator.

        17                      Let us pray.  As we gather on

        18       this beautiful, bright, sunny day in July, may

        19       we remember the important people who made our

        20       country possible by their work and dedication

        21       for freedom.

        22                      May we remember too the Americans

        23       who were killed in Saudi Arabia, and may we pray











                                                             
9007

         1       for ourselves that we might be delivered from

         2       all illusion of superiority, from all pretense

         3       of righteousness, from all arrogance and

         4       hardness of heart and we might know the true

         5       meaning of compassion in all of our elected

         6       duties.  We ask You this now and forever more.

         7                      Amen.

         8                      ACTING PRESIDENT KUHL:  Reading

         9       of the Journal.

        10                      THE SECRETARY:  In Senate,

        11       Sunday, June 30th.  The -

        12                      ACTING PRESIDENT KUHL:  Senator

        13       Bruno.

        14                      SENATOR BRUNO:  Mr. President,

        15       can we ask for an immediate meeting of the Rules

        16       Committee in Room 332.

        17                      ACTING PRESIDENT KUHL:  There

        18       will be an immediate meeting of the Rules

        19       Committee.  Immediate meeting of the Rules

        20       Committee in the Majority Conference Room, Room

        21       332.  Immediate meeting -

        22                      SENATOR BRUNO:  Mr. President.

        23                      ACTING PRESIDENT KUHL:  Yes,











                                                             
9008

         1       Senator Bruno.

         2                      SENATOR BRUNO:  That will be

         3       followed immediately by a meeting of the Rules

         4       -- of the Finance Committee in same room, 332.

         5                      ACTING PRESIDENT KUHL:  Immediate

         6       meeting of the Rules Committee in the Majority

         7       Conference Room, Room 332.  That will be

         8       followed by an immediate meeting of the Senate

         9       Finance Committee in the same room.

        10                      The Secretary will read the

        11       Journal.

        12                      THE SECRETARY:  In Senate,

        13       Sunday, June 30th.  The Senate met pursuant to

        14       adjournment, Senator Spano in the Chair upon

        15       designation of the Temporary President.  The

        16       Journal of Saturday, June 29th, was read and

        17       approved.  On motion, the Senate adjourned.

        18                      ACTING PRESIDENT KUHL:  Hearing

        19       no objection, the Journal stands approved as

        20       read.

        21                      Presentation of petitions.

        22                      Messages from the Assembly.

        23                      Messages from the Governor.











                                                             
9009

         1                      Reports of standing committees.

         2                      Reports of select committees.

         3                      Communications and reports from

         4       state officers.

         5                      Motions and resolutions.

         6                      The Chair recognizes Senator

         7       Tully.

         8                      SENATOR TULLY:  Yes, Mr.

         9       President.  On behalf of Senator Kuhl, I wish to

        10       call up his bill, Print Number 906, recalled

        11       from the Assembly which is now at the desk.

        12                      ACTING PRESIDENT KUHL:  The

        13       Secretary will read the title.

        14                      THE SECRETARY:  Calendar Number

        15       1241, by Senator Kuhl, Senate Print 906, an act

        16       to amend the Tax Law.

        17                      SENATOR TULLY:  Mr. President, I

        18       now move to reconsider the vote by which this

        19       bill was passed.

        20                      ACTING PRESIDENT KUHL:  The

        21       Secretary will call the roll on

        22       reconsideration.

        23                      (The Secretary called the roll on











                                                             
9010

         1       reconsideration.)

         2                      THE SECRETARY:  Ayes 35.

         3                      ACTING PRESIDENT KUHL:  Senator

         4       Tully.

         5                      SENATOR TULLY:  Yes, Mr.

         6       President.  I now offer the following

         7       amendments.

         8                      ACTING PRESIDENT KUHL:  The

         9       amendments are received and adopted.

        10                      Senator Bruno.

        11                      SENATOR BRUNO:  Mr. President,

        12       can we at this time adopt the Resolution

        13       Calendar.

        14                      ACTING PRESIDENT KUHL:  The

        15       motion is to adopt the Resolution Calendar, a

        16       copy of which is on all the members' desks.  All

        17       those in favor signify by saying aye.

        18                      (Response of "Aye".)

        19                      Opposed, nay.

        20                      (There was no response.)

        21                      The Resolution Calendar is

        22       adopted.

        23                      The Chair recognizes Senator











                                                             
9011

         1       Larkin.

         2                      SENATOR LARKIN:  Mr. President,

         3       Resolution Number 4057, I'd like to open that up

         4       for every member.  It honors the New York State

         5       United Cerebral Palsy, and Senator Libous and I

         6       would like to open it up to everybody.

         7                      ACTING PRESIDENT KUHL:  Senator

         8       Bruno, would you like us -- it's been offered to

         9       be co-sponsored on Senator Larkin's resolution,

        10       4057.

        11                      SENATOR BRUNO:  Mr. President -

        12                      ACTING PRESIDENT KUHL:  Should we

        13       put everybody on that except those people who do

        14       not wish to be on the resolution?

        15                      SENATOR BRUNO:  Good idea.

        16       Please do, Mr. President.

        17                      ACTING PRESIDENT KUHL:  I'll

        18       direct that the Secretary do that.  All those

        19       members who don't wish to co-sponsor Resolution

        20       Number 4050 by Senator Larkin, please indicate

        21       to the desk your desires not to be co-sponsors

        22       on the resolution.

        23                      Senator Bruno, that brings us to











                                                             
9012

         1       the calendar.

         2                      SENATOR BRUNO:  Mr. President,

         3       can we at this time take up the non- -- the

         4       controversial calendar -- the non-controversial

         5       calendar.

         6                      ACTING PRESIDENT KUHL:  The

         7       Secretary will read the non-controversial

         8       reading of Calendar No. 65.

         9                      THE SECRETARY:  Calendar Number

        10       1262, by Senator Cook, Senate Print 7206-B, an

        11       act to create the Wallkill Public Library

        12       District.

        13                      ACTING PRESIDENT KUHL:  The

        14       Secretary will read the last section.

        15                      THE SECRETARY:  Section 9.  This

        16       act shall take effect immediately.

        17                      ACTING PRESIDENT KUHL:  Call the

        18       roll.

        19                      (The Secretary called the roll.)

        20                      THE SECRETARY:  Ayes 35.

        21                      ACTING PRESIDENT KUHL:  The bill

        22       is passed.

        23                      THE SECRETARY:  Calendar Number











                                                             
9013

         1       1551, by Senator DeFrancisco, Senate Print

         2       6053-B, an act to amend the Public Health Law,

         3       in relation to establishing an adoption medical

         4       information sub-registry.

         5                      ACTING PRESIDENT KUHL:  The

         6       Secretary will read the last section.

         7                      SENATOR DOLLINGER:  Mr.

         8       President.

         9                      ACTING PRESIDENT KUHL:  Yes,

        10       Senator Dollinger.

        11                      SENATOR DOLLINGER:  Is there an

        12       amendment?

        13                      ACTING PRESIDENT KUHL:  Would you

        14       like to debate the bill, Senator Dollinger?

        15                      SENATOR DOLLINGER:  Yes, Mr.

        16       President.  Was the bill amended from the prior

        17       version?

        18                      ACTING PRESIDENT KUHL:  Senator

        19       Dollinger, do you wish to debate the bill?

        20                      SENATOR DOLLINGER:  Just to ask a

        21       question of the sponsor.

        22                      ACTING PRESIDENT KUHL:  Lay the

        23       bill aside.











                                                             
9014

         1                      The Secretary will continue to

         2       read.

         3                      THE SECRETARY:  Calendar Number

         4       1662, by Senator Kuhl, Senate Print 7294-A, an

         5       act to amend the Alcoholic Beverage Control Law,

         6       in relation to wine tastings.

         7                      ACTING PRESIDENT KUHL:  The

         8       Secretary will read the last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT KUHL:  Call the

        12       roll.

        13                      (The Secretary called the roll.)

        14                      THE SECRETARY:  Ayes 35.

        15                      ACTING PRESIDENT KUHL:  The bill

        16       is passed.

        17                      Senator Bruno, that completes the

        18       reading of the non-controversial calendar.

        19                      SENATOR BRUNO:  Mr. President,

        20       can we at this time take up the controversial

        21       calendar.

        22                      ACTING PRESIDENT KUHL:  The

        23       Secretary will read the controversial calendar,











                                                             
9015

         1       beginning with Calendar Number 1551, by Senator

         2       DeFrancisco.

         3                      THE SECRETARY:  Calendar Number

         4       1551, by Senator DeFrancisco, Senate Print

         5       6053-B, an act to amend the Public Health Law,

         6       in relation to establishing an adoption medical

         7       information sub-registry.

         8                      ACTING PRESIDENT KUHL:  Senator

         9       Dollinger.

        10                      SENATOR DOLLINGER:  Mr.

        11       President, would the sponsor yield to just one

        12       question?

        13                      ACTING PRESIDENT KUHL:  Senator

        14       DeFrancisco, do you yield to a question from

        15       Senator Dollinger?

        16                      SENATOR DeFRANCISCO:  Yes.

        17                      ACTING PRESIDENT KUHL:  The

        18       Senator yields.

        19                      SENATOR DOLLINGER:  I thought

        20       this was a good bill, Senator, the first time we

        21       did it.  I'm going to simply ask what was

        22       amended to, I assume, make it a better bill.

        23                      SENATOR DeFRANCISCO:  It's a











                                                             
9016

         1       better bill right now.  The Department of Health

         2       made a suggestion that -- and the suggestion was

         3       to operate -- incorporated in this amendment and

         4       that is that there's a fee for the registration

         5       into this registry, but the Department of Health

         6       agreed to waive the fee of any birth parent who

         7       wanted to voluntarily provide information into

         8       the registry for the benefit of an -- a child

         9       that was placed for adoption.

        10                      That's the major change that -

        11       to allow -- to give an incentive that birth

        12       parents might want to provide the information to

        13       the registry.  We shouldn't have a fee for them

        14       to do so, and they're waiving the fee on these

        15       amendments.

        16                      ACTING PRESIDENT KUHL:  Is there

        17       any other Senator wishing to speak on the bill?

        18                      (There was no response.)

        19                      The Secretary will read the last

        20       section.

        21                      THE SECRETARY:  Section 4.  This

        22       act shall take effect on the 120th day.

        23                      ACTING PRESIDENT KUHL:  Call the











                                                             
9017

         1       roll.

         2                      (The Secretary called the roll.)

         3                      THE SECRETARY:  Ayes 40.

         4                      ACTING PRESIDENT KUHL:  The bill

         5       is passed.

         6                      Senator Skelos, that completes

         7       the reading of the controversial calendar.

         8       What's your pleasure?

         9                      SENATOR SKELOS:  Mr. President,

        10       as we're waiting for the Rules Committee report,

        11       which is coming in right now, just a reminder

        12       that there's a Finance Committee meeting in Room

        13       332 of the Capitol.

        14                      ACTING PRESIDENT KUHL:  For the

        15       benefit of the members who are not in the

        16       chamber but are listening, there is a Finance

        17       Committee meeting going on in the Majority

        18       Conference Room, Room 332, right now.

        19                      Senator Skelos, we do have a

        20       report of the Rules Committee at the desk, if

        21       you'd like to return to the report of -

        22                      SENATOR SKELOS:  Mr. President,

        23       if we could return to reports of standing











                                                             
9018

         1       committees and have the Rules Committee report

         2       read.

         3                      ACTING PRESIDENT KUHL:  We will

         4       return to the order of reports of standing

         5       committees.

         6                      The Secretary will read the Rules

         7       report.

         8                      THE SECRETARY:  Senator Bruno,

         9       from the Committee on Rules, reports the

        10       following bills:

        11                      Senate Print 210-E, by Senator

        12       Sears, an act to amend the Penal Law, in

        13       relation to disseminating indecent material;

        14                      Assembly Print 1894, by member of

        15       the Assembly Bragman, an act to amend the

        16       Vehicle and Traffic Law, in relation to civil

        17       penalties;

        18                      6132-B, by Senator Wright, an act

        19       to authorize the village of Alexandria Bay,

        20       county of Jefferson;

        21                      181-A, by Senator Tully, an act

        22       to amend the General Municipal Law, in relation

        23       to providing coverage for injuries sustained by











                                                             
9019

         1       Nassau County advanced ambulance medical

         2       technicians;

         3                      3748, by Senator Leibell, an act

         4       to amend the Criminal Procedure Law, in relation

         5       to designating security officers;

         6                      And Senate Print 7873, by Senator

         7       Larkin, an act to amend a chapter of the Laws of

         8       1996 as proposed in legislative Bills Numbers

         9       Senate 4254-A and Assembly 7590-A.

        10                      All bills ordered directly for

        11       third reading.

        12                      ACTING PRESIDENT KUHL:  Senator

        13       Skelos.

        14                      SENATOR SKELOS:  Mr. President, I

        15       move we accept the report of the Rules

        16       Committee.

        17                      ACTING PRESIDENT KUHL:  The

        18       motion is to accept the report of the Rules

        19       Committee.  All those in favor signify by saying

        20       aye.

        21                      (Response of "Aye".)

        22                      Opposed, nay.

        23                      (There was no response.)











                                                             
9020

         1                      The Rules report is accepted.

         2                      Senator Skelos.

         3                      SENATOR SKELOS:  Mr. President,

         4       if we could take up the non-controversial

         5       reading of Supplemental Calendar Number 1.

         6                      ACTING PRESIDENT KUHL:  The

         7       Secretary will read the non-controversial

         8       reading of Supplemental Calendar Number 1 which

         9       is on all of the members' desks.

        10                      THE SECRETARY:  Calendar Number

        11       26, by Senator Sears, Senate Print 210-E, an act

        12       to amend the Penal Law, in relation to

        13       disseminating indecent material to minors.

        14                      ACTING PRESIDENT KUHL:  The

        15       Secretary will read the last section.

        16                      THE SECRETARY:  Section 9.  This

        17       act shall take effect on the first day of

        18       November.

        19                      ACTING PRESIDENT KUHL:  Call the

        20       roll.

        21                      (The Secretary called the roll.)

        22                      THE SECRETARY:  Ayes 43.

        23                      ACTING PRESIDENT KUHL:  The bill











                                                             
9021

         1       is passed.

         2                      THE SECRETARY:  Calendar Number

         3       186, by member of the Assembly Bragman, Assembly

         4       Print 1894, an act to amend the Vehicle and

         5       Traffic Law, in relation to civil penalties

         6       imposed.

         7                      ACTING PRESIDENT KUHL:  The

         8       Secretary will read the last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect on the first day of

        11       November.

        12                      ACTING PRESIDENT KUHL:  Call the

        13       roll.

        14                      (The Secretary called the roll.)

        15                      THE SECRETARY:  Ayes 43.

        16                      ACTING PRESIDENT KUHL:  The bill

        17       is passed.

        18                      THE SECRETARY:  Calendar Number

        19       1653, by Senator Wright, Senate Print 6132-B, an

        20       act to authorize the village of Alexandria Bay,

        21       county of Jefferson to discontinue the use of

        22       certain lands.

        23                      ACTING PRESIDENT KUHL:  There is











                                                             
9022

         1       a home rule message at the desk.  The Secretary

         2       will read the last section.

         3                      THE SECRETARY:  Section 3.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT KUHL:  Call the

         6       roll.

         7                      (The Secretary called the roll.)

         8                      THE SECRETARY:  Ayes 43.

         9                      ACTING PRESIDENT KUHL:  The bill

        10       is passed.

        11                      THE SECRETARY:  Calendar Number

        12       1684, by Senator Tully, Senate Print 181-A, an

        13       act to amend the General Municipal Law, in

        14       relation to providing coverage.

        15                      ACTING PRESIDENT KUHL:  There's a

        16       home rule message at the desk.  The Secretary

        17       will read the last section.

        18                      THE SECRETARY:  Section 3.  This

        19       act shall take effect January 1, 1999.

        20                      ACTING PRESIDENT KUHL:  Call the

        21       roll.

        22                      (The Secretary called the roll.)

        23                      THE SECRETARY:  Ayes 43.











                                                             
9023

         1                      ACTING PRESIDENT KUHL:  The bill

         2       is passed.

         3                      THE SECRETARY:  Calendar Number

         4       1685, by Senator Leibell, Senate Print 3748, an

         5       act to amend the Criminal Procedure Law, in

         6       relation to designating security officers for

         7       the Town Court of the town of Putnam Valley.

         8                      ACTING PRESIDENT KUHL:  The

         9       Secretary will read the last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT KUHL:  Call the

        13       roll.

        14                      (The Secretary called the roll.)

        15                      THE SECRETARY:  Ayes 43.

        16                      ACTING PRESIDENT KUHL:  The bill

        17       is passed.

        18                      THE SECRETARY:  Calendar Number

        19       1686, by Senator Larkin, Senate Print 7873, an

        20       act to amend a chapter of the Laws of 1996 as

        21       proposed in legislative Bills, Numbers Senate

        22       4254-A and Assembly 7590-A.

        23                      ACTING PRESIDENT KUHL:  There is











                                                             
9024

         1       a home rule message at the desk.  The Secretary

         2       will read the last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect on the same date as a

         5       chapter of the Laws of 1996.

         6                      ACTING PRESIDENT KUHL:  Call the

         7       roll.

         8                      (The Secretary called the roll.)

         9                      THE SECRETARY:  Ayes 43.

        10                      ACTING PRESIDENT KUHL:  The bill

        11       is passed.

        12                      Senator Skelos, that completes

        13       the reading -- the non-controversial reading and

        14       the controversial reading.

        15                      SENATOR SKELOS:  If we could just

        16       stand at ease pending the report of the Finance

        17       Committee.

        18                      ACTING PRESIDENT KUHL:  The

        19       Senate will stand at ease for a few moments

        20       pending the report of the Senate Finance

        21       Committee.

        22                      (Whereupon, the Senate stood at

        23       ease from 5:28 p.m. until 5:35 p.m.)











                                                             
9025

         1                      The Senate will come to order.

         2                      SENATOR SKELOS:  Mr. President.

         3                      ACTING PRESIDENT KUHL:  The Chair

         4       recognizes Senator Skelos.

         5                      SENATOR SKELOS:  If we could

         6       return to reports of standing committees, I

         7       believe there's a report of the Finance

         8       Committee at the desk.

         9                      ACTING PRESIDENT KUHL:  We will

        10       return to the order of standing committees.  The

        11       Secretary will read the report of the Senate

        12       Finance Committee.

        13                      THE SECRETARY:  Senator Stafford,

        14       from the Committee on Finance, reports the

        15       following nomination:

        16                      Member of the Port Authority of

        17       New York and New Jersey, Peter S. Kalikow, of

        18       New York City.

        19                      ACTING PRESIDENT KUHL:  The

        20       question is on the nomination.  All those in

        21       favor signify by saying aye.

        22                      (Response of "Aye".)

        23                      Opposed, nay.











                                                             
9026

         1                      (There was no response.)

         2                      Senator Leichter in the

         3       negative.

         4                      The nominee is confirmed.

         5                      The Secretary will continue to

         6       read.

         7                      THE SECRETARY:  Senator Stafford,

         8       from the Committee on Finance, reports the

         9       following nomination:

        10                      Member of the Stewart Airport

        11       Commission, Louis Heimbach, of Middletown.

        12                      ACTING PRESIDENT KUHL:  The

        13       question is on the nomination of Louis Heimbach

        14       to become a member of the Stewart Airport

        15       Commission.  All those in favor signify by

        16       saying aye.

        17                      (Response of "Aye".)

        18                      Opposed, nay.

        19                      (There was no response.)

        20                      The nominee is confirmed.

        21                      The Secretary will continue to

        22       read.

        23                      THE SECRETARY:  Senator Stafford,











                                                             
9027

         1       from the Committee on Finance, reports the

         2       following nomination:

         3                      Member of the Public Health

         4       Council, Dr. Ernestine S. Pantel, of Ardsley.

         5                      ACTING PRESIDENT KUHL:  The

         6       question is on the nominee -- nomination, I

         7       should say, of Dr. Ernestine Pantel to become a

         8       member of the Public Health Council.  All those

         9       in favor of the nomination signify by saying

        10       aye.

        11                      (Response of "Aye".)

        12                      Opposed, nay.

        13                      (There was no response.)

        14                      The nominee is confirmed.

        15                      Secretary will continue to read.

        16                      THE SECRETARY:  Senator Stafford,

        17       from the Committee on Finance, reports the

        18       following nomination:

        19                      Member of the Small Business

        20       Advisory Board, Arthur A. Aldrich, of Airmont.

        21                      ACTING PRESIDENT KUHL:  The

        22       question is on the nomination.  All those in

        23       favor signify by saying aye.











                                                             
9028

         1                      (Response of "Aye".)

         2                      Opposed, nay.

         3                      (There was no response.)

         4                      The nominee is confirmed.

         5                      The Secretary will continue to

         6       read.

         7                      THE SECRETARY:  Senator Stafford,

         8       from the Committee on Finance, reports the

         9       following nomination:

        10                      Member of State Council on the

        11       Arts, Reba White Williams, of New York City.

        12                      SENATOR GOODMAN:  Mr. President.

        13                      ACTING PRESIDENT KUHL:  The Chair

        14       recognizes Senator Goodman, on the nomination.

        15                      SENATOR GOODMAN:  Mr. President,

        16       as the chairman of the Senate Special Committee

        17       on the Arts and Cultural Affairs, it's my

        18       pleasure to speak with respect to the nomination

        19       of Reba White Williams for the State Council on

        20       the Arts.

        21                      As you are aware, Mr. President,

        22       and my colleagues understand, the state council

        23       is charged with the responsibility of taking our











                                                             
9029

         1       precious subsidy dollars and distributing them

         2       in what it is hoped would be the most rational

         3       and productive way for the stimulation of the

         4       arts and culture in the state of New York and

         5       it's especially gratifying to see that someone

         6       of Reba White Williams' qualifications will now

         7       participate in that process.

         8                      Ms. Williams is a graduate of the

         9       Harvard Graduate School of Business Administra

        10       tion and Hunter College, from which she got her

        11       M.A. in art history, the City University of New

        12       York in which she received an M.A. in philosophy

        13       and she also has several other course work

        14       completions, including studies in art history,

        15       American painting and sculpture and American and

        16       European prints.

        17                      She happens to be a very

        18       successful investment banker and a manager of a

        19       large mutual fund company with her husband and

        20       in the process of this at the world headquarters

        21       they have one of the finest collections of

        22       graphic prints anywhere in the United States.

        23                      This is a lady of extraordinary











                                                             
9030

         1       taste, culturation and background, and I haven't

         2       the slightest question that she will shortly

         3       become one of the outstanding members and

         4       leaders of this very important council, and so

         5       it's a special delight for me to second the

         6       nomination that's been presented by the chairman

         7       of the Finance Committee.

         8                      ACTING PRESIDENT KUHL:  Is there

         9       any other Senator wishing to speak on the

        10       nomination?

        11                      (There was no response.)

        12                      Hearing none, the question is on

        13       the nomination of Reba White Williams, of New

        14       York City, to become a member of the State

        15       Council on the Arts.  All those in favor signify

        16       by saying aye.

        17                      (Response of "Aye".)

        18                      Opposed, nay.

        19                      (There was no response.)

        20                      The nominee is confirmed.

        21                      The Secretary will continue to

        22       read.

        23                      THE SECRETARY:  Senator Stafford,











                                                             
9031

         1       from the Committee on Finance, reports the

         2       following nomination:

         3                      Member of the Board of Trustees

         4       of the City University of New York, Satish K.

         5       Babbar, of Queens.

         6                      ACTING PRESIDENT KUHL:  The Chair

         7       recognizes Senator Leichter, on the nomination.

         8                      SENATOR LEICHTER:  Mr. President,

         9       regretfully, I'm going to oppose this nomination

        10       and at the same time let my remarks also apply

        11       to the nomination of George J. Rios.

        12                      Mr. Babbar and Mr. Rios are both

        13       recommended for a position on the board of

        14       trustees by the mayor of the city of New York.

        15       Both are presently commissioners of the city

        16       administration.  They serve at the pleasure of

        17       Mayor Giuliani.  I just cannot see that they

        18       will have the independence in the position as a

        19       member of the Board of Trustees of the City

        20       University to carry out their fiduciary

        21       responsibilities.

        22                      I may also say, Mr. President,

        23       that I think what we're seeing is really sort of











                                                             
9032

         1       a downgrading of the board of trustees.  The

         2       board of trustees of this institution, as I

         3       pointed out last week -- I believe it was last

         4       week or the week before when we had a very

         5       obvious political appointee, but this board

         6       should be composed of people of great prestige,

         7       of integrity, of independence, people who bring

         8       a background in education and public affairs.

         9                      The City University system is a

        10       system that is in real trouble, as is the State

        11       University system.  I think any of us who have

        12       served here for a number of years can certainly

        13       not take pride at what has happened to these two

        14       great universities.

        15                      This Legislature has been in

        16       complicity with governors, Governor Cuomo,

        17       Governor Pataki which has cut off the funding to

        18       these universities.  We have seen that they have

        19       declined in many of the standards by which

        20       educational institutions are judged.

        21                      Therefore, it is all the more

        22       important to have people who can be sufficiently

        23       independent and bring to that board the sort of











                                                             
9033

         1       background and also the sort of public prestige

         2       which will allow that university system to get

         3       the public support that it needs.

         4                      So very regretfully, I'm going to

         5       oppose Mr. Babbar.  I have nothing against him

         6       as such.  I see he's an architect.  He seems to

         7       be a fine gentleman.  Mr. Rios does have a lot

         8       of experience in education, but there are issues

         9       even now before the board of trustees which

        10       these people will not be able to exercise

        11       independent judgment.

        12                      One of them is a conflict between

        13       the City University and the mayor as to whether

        14       people who are on welfare should do or must do

        15       their work service outside or -- of the confines

        16       of the campus that they could be required to do

        17       anywhere in the city of New York and, frankly,

        18       that rule has already driven a number of people

        19       out of the City University system.

        20                      This is just one example of where

        21       you need trustees of independence.  Obviously

        22       serving at the pleasure of the mayor as his

        23       commissioner, neither Mr. Babbar nor Mr. Rios











                                                             
9034

         1       can exercise that independence, and I will vote

         2       against them.

         3                      ACTING PRESIDENT KUHL:  Is there

         4       any other Senator wishing to speak on the

         5       nomination of Satish K. Babbar to become a

         6       member of the board of trustees of the city of

         7       New York?

         8                      (There was no response.)

         9                      Hearing none, the question is on

        10       the nomination.  All those in favor signify by

        11       saying aye.

        12                      (Response of "Aye".)

        13                      Opposed, nay.

        14                      Senator Leichter in the

        15       negative.

        16                      The nominee is confirmed.

        17                      We're very pleased to have Mr.

        18       Babbar in the chamber with us who is seated in

        19       the gallery above to your left.  Congratulations

        20       and good luck, sir.

        21                      (Applause)

        22                      The Secretary will continue to

        23       read.











                                                             
9035

         1                      THE SECRETARY:  Senator Stafford,

         2       from the Committee on Finance, reports the

         3       following nomination:

         4                      Member of the Board of Trustees

         5       of the City University of New York, Ronald

         6       Marino, of Brooklyn.

         7                      ACTING PRESIDENT KUHL:  The

         8       question is on the nomination of Ronald Marino

         9       to become a member of the Board of Trustees of

        10       the City University of New York.  All those in

        11       favor signify by saying aye.

        12                      (Response of "Aye".)

        13                      Opposed, nay.

        14                      (There was no response.)

        15                      The nominee is unanimously

        16       confirmed.

        17                      The Secretary will continue to

        18       read.

        19                      THE SECRETARY:  Senator Stafford,

        20       from the Committee on Finance, reports the

        21       following nomination:

        22                      Member of the Board of Trustees

        23       of the City University of New York, George J.











                                                             
9036

         1       Rios, of the Bronx.

         2                      ACTING PRESIDENT KUHL:  The Chair

         3       recognizes Senator Velella, on the nomination.

         4                      SENATOR VELELLA:  Mr. President,

         5       it's my pleasure to rise and second the

         6       nomination and move the nomination of Mr. Rios.

         7                      He's been an outstanding member

         8       of the Bronx community.  He's been appointed by

         9       three presidents of the United States to various

        10       positions within their administration.  He has

        11       excellent credentials in the educational

        12       background, having received a Master's in public

        13       administration.  He has served as a secretary

        14       for the regional representative of the U.S.

        15       Department of Education.  He has also served in

        16       the corporate world as an officer of The

        17       Equitable Corporation and as the deputy director

        18       of the Civilian Complaint Review Board within

        19       the city of New York.

        20                      It's unfortunate that Senator

        21       Leichter chose to take up his name and question

        22       the credentials of that candidate and his

        23       ability to serve.  He has an unblemished record











                                                             
9037

         1       of public service which has never been

         2       questioned, and I certainly know that he will be

         3       able to perform the duties of trustee of the

         4       City University while he also performs his

         5       duties within the Giuliani administration.

         6                      I want to just point out that in

         7       the past, Senator Leichter has risen to question

         8       the nominees to the CUNY Board of Trustees and

         9       talked about the people of stature that we need,

        10       the great people that were appointed by Mario

        11       Cuomo, but yet he talks about also the fact that

        12       City University is having serious troubles.

        13                      We've tried it your way, with

        14       your governor, with your mayor's appointments.

        15       Let's try it with ours.  I guarantee you it'll

        16       be one heck of a lot better.

        17                      I move the nomination.

        18                      ACTING PRESIDENT KUHL:  Is there

        19       any other Senator wishing to speak on the

        20       nomination?

        21                      (There was no response.)

        22                      Hearing none, the question is on

        23       the nomination of George J. Rios to become a











                                                             
9038

         1       member of the Board of Trustees of the City

         2       University of New York.  All those in favor

         3       signify by saying aye.

         4                      (Response of "Aye".)

         5                      Opposed, nay.

         6                      Senator Leichter in the negative.

         7                      The nominee is confirmed.

         8                      We're very, very pleased to have

         9       George Rios in the chamber with us seated in the

        10       gallery to your left.  Congratulations, sir, and

        11       good luck.

        12                      (Applause)

        13                      The Secretary will read.

        14                      THE SECRETARY:  Senator Stafford,

        15       from the Committee on Finance, reports the

        16       following nomination:

        17                      Member of the Board of Trustees

        18       of the City University of New York, Richard

        19       Stone, of Manhattan.

        20                      ACTING PRESIDENT KUHL:  The

        21       question is on the nomination of Richard Stone,

        22       of Manhattan, to become a member of the board of

        23       trustees of the City University of New York.











                                                             
9039

         1       All those in favor signify by saying aye.

         2                      (Response of "Aye".)

         3                      Opposed, nay.

         4                      (There was no response.)

         5                      The nominee is confirmed.

         6                      The Secretary will continue to

         7       read.

         8                      THE SECRETARY:  Senator Stafford,

         9       from the Committee on Finance, reports the

        10       following nomination:

        11                      Member of the Board of Visitors

        12       of the Brooklyn Development Center, Virginia

        13       Casey, of Brooklyn.

        14                      ACTING PRESIDENT KUHL:  The

        15       question is on the nomination.  All those in

        16       favor signify by saying aye.

        17                      (Response of "Aye".)

        18                      Opposed, nay.

        19                      (There was no response.)

        20                      The nominee is confirmed.

        21                      The Secretary will read.

        22                      THE SECRETARY:  Senator Stafford,

        23       from the Committee on Finance, reports the











                                                             
9040

         1       following nomination:

         2                      Member of the Board of Visitors

         3       of the Buffalo Psychiatric Center, Connie Brown,

         4       of Niagara Falls.

         5                      ACTING PRESIDENT KUHL:  Senator

         6       Maziarz, on the nomination.

         7                      SENATOR MAZIARZ:  Thank you, Mr.

         8       President.

         9                      Mr. President, I want to rise in

        10       support of the nomination of Connie Brown, of

        11       Niagara Falls, for a term on the Board of

        12       Visitors of the Buffalo Psychiatric Center.

        13                      I've known Connie Brown for a

        14       number of years.  Connie has been involved in a

        15       volunteer way with many organizations helping

        16       people out in western New York, particularly her

        17       volunteer work with the United Way of Niagara

        18       and all of the agencies that fall under that

        19       large United Way umbrella, but more importantly

        20       Connie's paid service as an employee of

        21       Opportunities Unlimited of Niagara has given her

        22       a wealth of experience working with children,

        23       adolescents and adults with mental and physical











                                                             
9041

         1       disabilities, and I can think, quite frankly,

         2       Mr. President, of not a better person that I'd

         3       like to see in -- in all of Niagara County

         4       appointed to the Board of Visitors of the

         5       Buffalo Psychiatric Center.

         6                      With all of the changes that are

         7       going to be going on in the psychiatric center

         8       and psychiatric facilities throughout New York

         9       State, I think that we need good, competent,

        10       qualified, capable people, and I know that

        11       Connie Brown is that type of individual.

        12                      I second the nomination, Mr.

        13       President.

        14                      ACTING PRESIDENT KUHL:  Is there

        15       any other Senator wishing to speak on the

        16       nomination?

        17                      (There was no response.)

        18                      Hearing none, the question is on

        19       the nomination of Connie Brown, of Niagara

        20       Falls, to become a member of the Board of

        21       Visitors of the Buffalo Psychiatric Center.

        22                      All those in favor of the

        23       nomination signify by saying aye.











                                                             
9042

         1                      (Response of "Aye".)

         2                      Opposed, nay.

         3                      (There was no response.)

         4                      The nominee is confirmed.

         5                      The Secretary will continue to

         6       read.

         7                      THE SECRETARY:  Senator Stafford,

         8       from the Committee on Finance, reports the

         9       following nomination:

        10                      Member of the Board of Visitors

        11       of the Sagamore Children's Psychiatric Center,

        12       Grace E. Clench, of Brentwood.

        13                      SENATOR JOHNSON:  Mr. President.

        14                      ACTING PRESIDENT KUHL:  The Chair

        15       recognizes Senator Johnson, on the nomination.

        16                      SENATOR JOHNSON:  Mr. President,

        17       I'm acquainted with Ms. Clench for many years.

        18       She's been -- she's a reappointment.  She's been

        19       a leading member of the Board of Visitors of

        20       Sagamore for many years and she's certainly

        21       helped to point out problems and correct

        22       deficiencies there that the children might be

        23       better served.











                                                             
9043

         1                      She's a fine lady, should be

         2       reappointed, and I'd like to move her nomination

         3       at this time.

         4                      ACTING PRESIDENT KUHL:  Is there

         5       any other Senator wishing to speak on the

         6       nomination?

         7                      (There was no response.)

         8                      Hearing none, the question is on

         9       the nomination of Grace E. Clench, of Brentwood,

        10       New York, to become a member of the Board of

        11       Visitors of the Sagamore Children's Psychiatric

        12       Hospital.  All those in favor of the nomination

        13       signify by saying aye.

        14                      (Response of "Aye".)

        15                      Opposed, nay.

        16                      (There was no response.)

        17                      The nominee is confirmed.

        18                      Senator Skelos.

        19                      SENATOR SKELOS:  Mr. President,

        20       is there any housekeeping at the desk?

        21                      ACTING PRESIDENT KUHL:  There is

        22       no housekeeping at the desk, Senator Skelos.

        23                      SENATOR SKELOS:  A reminder that











                                                             
9044

         1       there will be a conference of the Majority at

         2       4:30, and there being no further business, I

         3       move that the Senate stands adjourned until July

         4       2nd at 5:00 p.m. sharp.

         5                      ACTING PRESIDENT KUHL:  Without

         6       objection, the Senate stands adjourned until

         7       tomorrow, Tuesday, July 2nd at 5:00 p.m.

         8                      (Whereupon, at 5:54 p.m., the

         9       Senate adjourned.)

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