Regular Session - July 3, 1996
9115
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9 ALBANY, NEW YORK
10 July 3, 1996
11 10:10 a.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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9116
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, staff to find their places.
5 Ask everyone to rise with me and join in saying
6 the Pledge of Allegiance to the Flag.
7 (The assemblage repeated the
8 Pledge of Allegiance to the Flag. )
9 In the absence of clergy, may we
10 bow our heads in a moment of silence.
11 (A moment of silence was
12 observed.)
13 Senator Bruno.
14 SENATOR BRUNO: Mr. President,
15 can we at this time call for an immediate
16 meeting of the Rules Committee in Room 332.
17 ACTING PRESIDENT KUHL: There
18 will be an immediate meeting of the Rules
19 Committee in the Majority Conference Room, Room
20 332. Immediate meeting of the Rules Committee
21 in the Majority Conference Room, Room 332.
22 Reading of the Journal.
23 THE SECRETARY: In Senate,
9117
1 Tuesday, July 2nd. The Senate met pursuant to
2 adjournment, Senator Kuhl in the Chair upon
3 designation of the Temporary President. Prayer
4 by the Reverend Peter G. Young, Blessed
5 Sacrament Church, Bolton Landing. The Journal
6 of Monday, July 1st, was read and approved. On
7 motion, Senate adjourned.
8 ACTING PRESIDENT KUHL: Hearing
9 no objection, the Journal stands approved as
10 read.
11 Presentation of petitions.
12 Messages from the Assembly.
13 Messages from the Governor.
14 Reports of standing committees.
15 Reports of select committees.
16 Communications and reports from
17 state officers.
18 Motions and resolutions.
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President, I
21 believe that there is a resolution at the desk
22 by Senator Skelos.
23 ACTING PRESIDENT KUHL: There
9118
1 is.
2 SENATOR BRUNO: I would ask that
3 the title be read and we move its immediate
4 adoption.
5 ACTING PRESIDENT KUHL: Secretary
6 will read the title of the privileged resolution
7 by Senator Skelos.
8 THE SECRETARY: By Senator
9 Skelos, Legislative Resolution honoring His
10 Eminence, Archbishop Iakovos for his 37 years of
11 distinguished service as Primate of the Greek
12 Orthodox Church of North and South America.
13 ACTING PRESIDENT KUHL: Question
14 is on the resolution. All those in favor
15 signify by saying aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response. )
19 The resolution is adopted.
20 Senator Bruno, that brings us to
21 the calendar.
22 SENATOR BRUNO: Mr. President,
23 can we at this time take up the non-controver
9119
1 sial calendar.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the non-controversial calendar.
4 THE SECRETARY: Calendar Number
5 554, by Senator Kuhl, Senate Print 2404-B, an
6 act to amend the Public Officers Law, in
7 relation to defense and indemnification.
8 ACTING PRESIDENT KUHL: Secretary
9 will read the last section.
10 THE SECRETARY: Section 3. 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 35.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 785, by Senator Stafford, Senate Print 6590-A,
20 an act to amend the Tax Law, in relation to the
21 distribution of the additional mortgage
22 recording tax.
23 ACTING PRESIDENT KUHL: Secretary
9120
1 will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 30th day.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 35.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1181, by Senator Nozzolio, Senate Print 6114-A,
12 an act to amend the Public Authorities Law and
13 the Real Property Tax Law, in relation to
14 authorizing the town of Sterling.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 35.
23 ACTING PRESIDENT KUHL: The bill
9121
1 is passed.
2 THE SECRETARY: Calendar Number
3 1575, by Senator Larkin, Senate Print 7503-A, an
4 act to amend the Highway Law, in relation to
5 designating a portion of the state highway
6 system as the 94th Infantry Division Memorial
7 Highway.
8 ACTING PRESIDENT KUHL: Secretary
9 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 36.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1654, by Senator Johnson, Senate Print 6304-A,
20 an act to amend the Public Health Law, in
21 relation to excluding certain bodies of salt
22 water.
23 ACTING PRESIDENT KUHL: Secretary
9122
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 36.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 Senator Bruno, that completes the
11 reading of the non-controversial and apparently
12 the controversial calendar.
13 Have a little order in the house
14 please, a little order in the house.
15 Senator Bruno.
16 SENATOR BRUNO: Mr. President,
17 can we return to reports of standing committees
18 and I believe that there is a recent report from
19 the Judiciary Committee, and I would ask it be
20 read at this time.
21 ACTING PRESIDENT KUHL: We'll
22 return to the order of reports of standing
23 committees. I'll ask the Secretary to read the
9123
1 report coming from the Judiciary Committee. All
2 of the members should have a list on their desks
3 now of the nominees who are going to be
4 considered with one exception, and that is one
5 person's name is not on that list and that would
6 be Judge Mega, but he will be the first person
7 taken up. So the Secretary will read.
8 THE SECRETARY: Senator Lack,
9 from the Committee on Judiciary, reports the
10 following nomination: Reappointment to the New
11 York State Court of Claims, Christopher John
12 Mega, of Brooklyn.
13 ACTING PRESIDENT KUHL: Senator
14 Lack.
15 SENATOR LACK: Thank you, Mr.
16 President.
17 Once again we have five very
18 worthwhile new appointments to the Court of
19 Claims from the Governor and one reappointment.
20 I would first like to thank the Minority for
21 waiving official notice of the reappointment.
22 It was a surprise on purpose this morning, and
23 I'm happy to say that our former colleague, now
9124
1 the Presiding Judge of the Court of Claims,
2 whose term had expired on June 2nd, was indeed
3 surprised and that the Governor has once again
4 nominated him to a term expiring on June 2nd in
5 the year 2005, and by that time we'll need some
6 corrective legislation, if I can remember ages
7 correctly, to make sure that he serves out that
8 term.
9 I'm very privileged to stand up
10 to move the nomination of Chris Mega. There are
11 three -- three dynosaurs in this chamber from
12 the class, the elected class of '78, myself,
13 Chris and Charlie Cook. We were talking about
14 that last night. Charlie and I are still in
15 political life. Chris -- Chris went to the
16 Court of Claims several years ago and
17 epitomizes, quite frankly, that court. Governor
18 Pataki, in his wisdom, made him the presiding
19 judge of the Court of Claims, and judges of that
20 court sitting in both the criminal bench and on
21 the civil court have, to me, only words of
22 praise for Judge Mega, for Chris Mega, as both a
23 judge, an administrator and presiding judge of
9125
1 that court.
2 It was absolutely no problem
3 today for anybody in the committee to waive any
4 kind of questions or statements they needed from
5 Judge Mega. Those of us who have known him for
6 the past 20-odd years, between his membership in
7 the Assembly, this body and on the court, know
8 he is of the highest character, a close, good
9 friend and colleague to us all and, if there was
10 ever a person who had the temperament to be
11 sitting on the bench running the bench that he
12 is, it is certainly Chris Mega.
13 I, Mr. President, can't think of
14 anybody who I'm happier to stand up to move than
15 my former colleague, former chair of the Senate
16 Judiciary Committee, and I'll yield to Senator
17 DiCarlo for purposes of a second.
18 ACTING PRESIDENT KUHL: The Chair
19 recognizes Senator DiCarlo.
20 SENATOR DiCARLO: Thank you very
21 much, Mr. President.
22 It is indeed an honor and a
23 privilege to second the nomination of Judge
9126
1 Mega. After all, the elevation of Senator Mega
2 to Judge Mega made it possible for me to be
3 elected to the Senate, and let me thank the
4 Governor publicly for taking Chris and removing
5 him as a possibility of a candidate to run
6 against me. There have been those who have said
7 they were going to bring Chris off the bench to
8 run for the Senate again, and sometimes he
9 jokingly said he was going to come back and run
10 against me, and the only one that I feared was
11 Chris Mega because one of the most loved elected
12 officials that we've ever had in my Bay Ridge/
13 Bensonhurst community is Judge Chris Mega.
14 When he served for so many years
15 in the Assembly and the Senate, I wasn't
16 privileged enough to be here as a Senator when
17 we confirmed him the first time, so I missed out
18 on that. I was here as a citizen, but now I'm
19 here as a Senator and it's a privilege to second
20 his nomination.
21 I am lucky enough to have
22 probably two of the finest judges anywhere as
23 constituents of mine. Judge Mega and Dominick
9127
1 DiCarlo, my dad, are both constituents, and my
2 father, the chief judge of the U. S. Court of
3 International Trade, and Judge Mega as the
4 presiding judge of the New York State Court of
5 Claims.
6 Chris Mega has always made our
7 community proud. We were proud of him when he
8 was our Assemblyman. We were proud of him when
9 he was our Senator, and we are even more proud
10 of Chris as a judge.
11 So, on behalf of the people of my
12 district, the people of Brooklyn, I second his
13 nomination, and this is a proud day for the
14 people of Bensonhurst.
15 SENATOR GOLD: Mr. President.
16 ACTING PRESIDENT KUHL: Chair
17 recognizes Senator Cook.
18 SENATOR COOK: Mr. President,
19 thank you.
20 I -- in seconding the nomination
21 of my good friend Chris, I picked up on a couple
22 of words that Senator Lack had used when he said
23 he was a person of character, and I can attest
9128
1 that he indeed is a character, and that it's a
2 good character in every sense of the word.
3 When he said we'd been here
4 20-odd years, they certainly have been odd, and
5 this has been perhaps the most odd of all; but
6 three years ago when Senator Mega, then Senator
7 Mega, was confirmed, it seemed to me that I had
8 never heard in this chamber such an outpouring
9 of admiration and support as we heard that
10 evening from virtually everyone in the chamber,
11 and they -- those words were sincere for a
12 couple of reasons.
13 First was because of the Chris
14 that we knew as a colleague, of the
15 conscientious way in which he'd always done his
16 job, of the insights that he brought into this
17 chamber, of the way that he reflected not only
18 the needs of his constituents but also the best
19 interests of the entire state; and secondly, we
20 were proud of him because we knew that when he
21 got onto the bench he indeed would be an
22 exemplary judge because he would take with him
23 those same personal qualities that he had
9129
1 demonstrated so often here, and we have not been
2 disappointed.
3 When he was elevated then or
4 appointed as presiding judge, it was another
5 great milestone in his life and a milestone in
6 the life of the state because again we knew that
7 he would do an excellent job, and I don't
8 remember during my years in Albany a presiding
9 judge who has, in such a personal way, taken an
10 interest in those who are being appointed to the
11 court in terms of talking with them and helping
12 them through the process and after their
13 confirmation working with them.
14 Chris has really taken -- taken
15 his responsibilities as a presiding judge as
16 being a mentor for the new judges coming onto
17 the court, and that is a very, very important
18 task and one that I'm sure all of his present
19 and future colleagues will appreciate.
20 So it is with an immense personal
21 pride and satisfaction that I stand again to
22 second the nomination of Judge Mega, knowing
23 full well that the state of New York is going to
9130
1 be so well served for many more years into the
2 future until he reaches that golden retirement
3 day that Madelyn is so anxiously awaiting.
4 ACTING PRESIDENT KUHL: Senator
5 Gold, on the nomination.
6 SENATOR GOLD: Thank you, Mr.
7 President.
8 First of all, with all due
9 respect to the Majority, as long as I'm here I
10 will never understand Republicans. Senator
11 DiCarlo got up to speak on this and when you
12 started to talk about candidates against you, I
13 thought you were trying to convince some of us
14 to vote no on this to make him a candidate and
15 have him come back.
16 But at any rate, having seen the
17 background, Senator Mega has done everything
18 right. First of all, you know, while I've been
19 a Queens kid for 59-some-odd years of my life, I
20 did start in Brooklyn and starting in Brooklyn
21 is always a good way to head for success, and
22 the other thing that's in Senator Mega's
23 background which we all know is a major moving
9131
1 force to success is to start in the New York
2 State Assembly but get out and come to the
3 Senate and go from there, and he's done all
4 those things right.
5 Senator Cook said something which
6 I'm very impressed with because I had -- I've
7 noticed it, and I think everybody has noticed
8 it. You know, we talk about certain courts like
9 they'll say, Remember the Burger court or
10 whatever. Unquestionably, since Chris has left
11 us and gone to the judiciary, particularly
12 acting as the chief judge there and the
13 administrative judge of that court, he has
14 really been making it the Mega court, and a Mega
15 court is a smart court. A Mega court is a
16 gracious court, a polite court, a just court
17 and, most of all, a fair court. There's just no
18 way that the judges coming in and the judges who
19 are there could not be impressed from the
20 quality that's coming from the top.
21 We've said a lot of fine things
22 about Chris Mega when he first got on the bench
23 and what's most important to me is that Chris
9132
1 Mega has fulfilled his obligation to me and
2 everybody in this chamber because he has been
3 absolutely an outstanding judge and that sense
4 of humanity which we loved in him as a Senator
5 has carried through to his work as a judge.
6 So I want to congratulate the
7 Governor. I'm glad we did not leave this
8 session without reappointing Chris Mega. It
9 would have been a wrong thing to do. I'm
10 particularly delighted that his family, who are
11 very wonderful, gracious, lovely people as you
12 would expect a Mega to be, are here, and we all
13 should take a great sense of pride that Chris
14 has lived up to everything we thought when we
15 confirmed him, and God bless him in good health,
16 and I know you'll continue in that way.
17 ACTING PRESIDENT KUHL: Senator
18 Marchi, on the nomination.
19 SENATOR MARCHI: Mr. Chairman,
20 the -- I was delighted to have chaired the
21 Judiciary Committee at the time his name was
22 presented to this body and the air then as now
23 was redolent with great promise that he held.
9133
1 Now we're at the point where we
2 can measure performance against that promise and
3 the conclusion is one of acclamation. One good
4 turn deserves another, and one good term
5 deserves another, and it's certainly merited
6 richly in this case.
7 I've known him for all of the
8 entire 20 years that he's been here, and the
9 warmth that he has generated has preserved in
10 this body, I think, his testimony and validates
11 the judgment outside of this body that has found
12 his service not wanting but richly fulfilling
13 the promise that he held.
14 ACTING PRESIDENT KUHL: Senator
15 Farley, on the nomination.
16 SENATOR FARLEY: Thank you, Mr.
17 President.
18 I rise also to second the
19 nomination of Chris Mega. You know, they talk
20 about judicial temperament. They talk about how
21 important that is to be a judge and also to be
22 the chief judge. I think it's terribly
23 important.
9134
1 I don't think there's ever been
2 anyone that has been more beloved by his
3 colleagues and respected in this house than
4 Chris Mega, and it's carrying itself over to the
5 Court of Claims and, as Senator Gold said, I
6 think it's reflected in the entire body of the
7 people, the type of people we're confirming
8 today and that are serving on the Court of
9 Claims.
10 I'm pleased to support the
11 nomination -- renomination of Chris Mega, one of
12 the nicest guys that I've ever known and
13 certainly one of the finest Senators and a great
14 chairman of the Judiciary Committee when he was
15 here, and a great chief judge.
16 I wish you well, Chris.
17 ACTING PRESIDENT KUHL: Senator
18 Paterson, on the nomination.
19 SENATOR PATERSON: Thank you, Mr.
20 President.
21 On behalf of the Minority Leader,
22 Senator Connor, we always found Senator Mega to
23 be extremely responsive to our Conference.
9135
1 Personally he was of particular assistance to me
2 when he was chair of the Judiciary here in the
3 Senate and was always one that would go that
4 extra yard or that extra little bit that would
5 make the greatest difference to working with a
6 colleague.
7 But I think that often a point is
8 made that kind of resonates with its importance,
9 and I think it was the one that Senator Cook
10 made just a few moments ago with respect to
11 Senator Mega's truncating the process and
12 educating and, in many ways, enlightening
13 members of the judiciary and prospective members
14 of the judiciary of what the process actually
15 is.
16 There is often a stigma that,
17 unfortunately, the legislative body suffers from
18 about the process and about the meaning of the
19 process and Senator Mega, I think, has done a
20 great deal to familiarize candidates for the
21 judiciary and nominees with what their
22 responsibilities are and what the New York State
23 Senate and Assembly expect and what is really
9136
1 the best service to the residents of New York
2 State.
3 For that reason, he has already,
4 in just a couple of years and particularly in
5 his administrative role, moved to the same level
6 in the judiciary as he did right here in this
7 chamber standing right in the forefront and a
8 beacon of light from which others may learn and
9 may experience, and so with that we wish him the
10 best and hope that we continue to confirm him as
11 he moves up and serves the state in greater
12 capacities.
13 ACTING PRESIDENT KUHL: Senator
14 Abate, on the nomination.
15 SENATOR ABATE: Yes. I too rise
16 to publicly acknowledge the great work of
17 Senator Mega. Senator Mega, on a number of
18 occasions, has come to my rescue, and I never
19 thought I'd have the opportunity to publicly
20 thank him.
21 When he was the Chair of the
22 Committee on Crime Victims, Crime and
23 Correction, I came before that committee to seek
9137
1 confirmation as the Chair of the state Crime
2 Victims Board. Probably it was one of the few
3 hearings ever held on a nominee.
4 The hearing was impeccably fair.
5 He was decent. He wanted to hear all the
6 testimony, and the long and the short of it, I
7 was confirmed; but in large measure I was
8 confirmed because of Senator Mega's fairness,
9 his willingness to hear the facts.
10 I will be forever indebted to you
11 for the caliber of work that you have done in
12 the Senate, as was exemplified in that hearing.
13 You have a reputation not just within this
14 Senate but outside the Senate for enormous
15 intelligence and decency and caring for people.
16 It's a pleasure to have worked with you on the
17 outside. I would like to continue in that
18 capacity, and it's a great honor to be able to
19 applaud your good works again in the state
20 Senate.
21 ACTING PRESIDENT KUHL: Senator
22 Dollinger, on the nomination.
23 SENATOR DOLLINGER: Mr.
9138
1 President, it's a pleasure to rise today in the
2 bright sunlight of the early morning to talk
3 about Chris Mega. As I recall, and I look over
4 at the Senate Judiciary chairman because I
5 wasn't at the committee meeting this morning,
6 but as I recall, the last time we discussed
7 Christopher Mega in this chamber, it was either
8 the early morning or the late afternoon of the
9 last day of the session. My hope would be that
10 this is the last day of session as well,
11 although I understand that that hope may be
12 unfounded.
13 The good thing about Chris Mega
14 is whether we approve him in the dark of night
15 or in the light of day this July, as the state's
16 judiciary continues to shine, and I think the
17 bright sunshine here just brings a greater
18 sparkle to this man and his contributions.
19 I'll conclude with one little
20 comment. I could talk for a long time. In his
21 capacity as the Senate Judiciary chairman, he
22 was very good to me, but I'll simply pay you,
23 Judge, what I think is the best compliment that
9139
1 a lawyer can pay to another lawyer, that some
2 day I would like the opportunity to try a case
3 in front of you because I'd trust your
4 compassion, I'd trust your fairness, I'd trust
5 your understanding and judgment about legal
6 issues, and I also know that if for some reason
7 there is, as occasionally happens in the law, a
8 crack in the law, an interstice that needs to be
9 filled with good legal common sense and
10 judgment, that you're just the kind of man who I
11 would trust my clients and my own career as a
12 lawyer in filling that crack with the proper
13 common sense and legal insight.
14 Christopher Mega is the complete
15 package as a Court of Claims judge, and I'm
16 proud to be supporting his nomination.
17 ACTING PRESIDENT KUHL: Senator
18 Waldon, on the nomination.
19 SENATOR WALDON: Thank you very
20 much, Mr. President, my colleagues.
21 I am very proud to rise to second
22 the nomination of Christopher Mega. Very seldom
23 in life do you meet someone who can be so
9140
1 personable and so outgoing in a very understated
2 way and that same person proves to be so
3 efficient in an administrative capacity. Often
4 times those of us in politics who are considered
5 to be hail fellows well met, we do a lot of
6 slapping of backs, laughing and telling of jokes
7 and talking about each other a little bit, but
8 not all of us have real substance, and I believe
9 that Chris Mega is one of those people truly who
10 has substance.
11 You hear about superstars being
12 "megastars", hear about people having "mega
13 bucks". We're very fortunate indeed to have as
14 the chief judge of the Court of Claims a "mega
15 judge" in Chris Mega.
16 I very warmly second his
17 nomination.
18 ACTING PRESIDENT KUHL: Senator
19 Maltese, on the nomination.
20 SENATOR MALTESE: Mr. President,
21 like so many of my colleagues, I was thinking
22 that all of us could say the same thing about
23 Chris Mega, but I could not let the opportunity
9141
1 go by to, one, congratulate the Governor on
2 making this type of an appointment of a person
3 who is so near and dear to our hearts.
4 I think if there's a word that
5 exemplifies and categorizes Chris Mega, it's
6 "heart," a person of great integrity and a
7 caring, concerned person, just the type of
8 person that should be in the judiciary in this
9 state, should be in government in this state,
10 and I'm proud to second his nomination.
11 ACTING PRESIDENT KUHL: Senator
12 Saland, on the nomination.
13 SENATOR SALAND: Thank you, Mr.
14 President.
15 Much like Senator Maltese,
16 there's certainly enough adjectives and
17 superlatives to describe Chris Mega. We've
18 heard them certainly all today.
19 Some people are blessed with a
20 gift of intellect, some are blessed with the
21 ability to be fair and discerning. Some are
22 blessed with a host of qualities, and in Chris
23 Mega I think what we have is a combination of
9142
1 all of these virtues in one person.
2 I'm reminded, and I just shared
3 with Senator Maltese that some 16 years ago
4 Chris and I and Dominick DiCarlo and Charlie
5 Cook were breakfast buddies and Dominick and
6 Chris have now acceded to a higher, higher
7 level.
8 For those of us who have
9 practiced law, and I was trying to figure out if
10 Charlie would be leaving, and I said to Senator
11 Maltese, Well, perhaps Charlie could be a town
12 justice, and he said to me, No, perhaps he could
13 go to the U. S. Supreme Court.
14 I'm planning on staying for a
15 while, Chris, but I wish you nothing but the
16 best. Madelyn, congratulations. Savor the
17 moment; you enjoy it. May you have many more.
18 ACTING PRESIDENT KUHL: Senator
19 Lachman, on the nomination.
20 SENATOR LACHMAN: Mr. President,
21 though my 20 weeks in the state Legislature have
22 sometimes seemed like 20 years, they have only
23 been 20 weeks, so I've never had the pleasure of
9143
1 serving with then Senator Mega and currently
2 Judge Mega. However, my district intersects
3 with the district that Senator DiCarlo now
4 represents and Senator Mega used to represent,
5 and I can tell everyone in the chamber that he
6 is a beloved figure in the community, a
7 non-partisanly beloved figure, Democrats and
8 Republicans and Christians and Jews and old
9 immigrants and new immigrants, and I think one
10 of the great strengths of this outstanding judge
11 is the fact that he nurtures his roots in terms
12 of his community. He has never left his
13 community and wherever he will go from his
14 current position, his community will always be
15 behind him.
16 So it is a great pleasure indeed
17 to second the nomination and to congratulate
18 Judge Mega.
19 ACTING PRESIDENT KUHL: Senator
20 Bruno, to close on the nomination. Excuse me,
21 before that, Senator Levy.
22 SENATOR LEVY: Yes. Thank you
23 very much, Mr. President.
9144
1 It's really such a pleasure to
2 get up and join with my colleagues in seconding
3 the nomination of Senator Mega as we -- we never
4 forget serving with him and the friendships that
5 we have with him, and I listened very, very
6 carefully to what Senator Saland said, and he
7 talked about adjectives, but I'd have to
8 respectfully correct him because there are not
9 enough adjectives to -- to describe the
10 qualities of Chris Mega.
11 It was an old day school
12 expression that nice guys finish last. Well, he
13 certainly belies that. Nice guys finish first
14 and he just did the most wonderful job as a
15 chief judge of the Court of Claims and he did it
16 in a nice way. I congratulate the Governor on
17 this extraordinary appointment, and we look
18 forward to seeing him and working with him.
19 ACTING PRESIDENT KUHL: Senator
20 Hoffmann, on the nomination.
21 SENATOR HOFFMANN: Having had the
22 pleasure of serving with Senator Mega for a
23 number of years, including on the Crime and
9145
1 Corrections Committee which he chaired, I too
2 join my colleagues in complimenting the Governor
3 on an excellent choice. This is a new
4 definition to the term "judicial temperament",
5 Senator Mega. Your leadership, your wit, your
6 candor and your chief commitment to justice will
7 bode well for the taxpayers of the state.
8 So, Mr. President, I too am very
9 pleased to rise to second the nomination.
10 ACTING PRESIDENT KUHL: Any other
11 Senator wishing to speak on the nomination
12 before Senator Bruno closes? Hearing none,
13 Senator Bruno to close on the nomination.
14 SENATOR BRUNO: Thank you, Mr.
15 President.
16 It's a real pleasure to see our
17 good friend, Judge Mega, here with his wife
18 Madelyn who keeps making him look so good; his
19 daughter Valerie who had the good judgment to
20 marry a man named Joe, and his beautiful grand
21 children Christopher and Victoria. We welcome
22 -- she applauds herself with good judgment, and
23 it's merited.
9146
1 Everyone in the chamber would
2 like to say something about Chris Mega and they
3 would all say things similar to what we've
4 already heard. He is a good guy. He is a
5 friend. He is diligent. He always thinks on
6 behalf of a constituency. He just does things
7 right, and whether you're on the same side or
8 the opposite side when he was in the Legislature
9 you always knew that whatever was happening was
10 going to happen in a fair way and for me in my
11 personal life as we got to know each other, I
12 want to just say that it has been a real
13 pleasure and a great experience and I'm proud to
14 be standing here speaking on your behalf as you
15 go forward to serve the people of this state in
16 a high capacity for another ten years. Those of
17 us that run every two years can only wishfully
18 think about how good that feels.
19 But this is well deserved, not
20 just for Judge Mega but for all the people of
21 this state who benefit by his public service.
22 I also want to commend the other
23 judges to be confirmed here for your good work.
9147
1 I have a meeting that I have to leave the
2 chamber to attend, with the Governor and the
3 Speaker and some other people trying to move the
4 process forward so we can do a budget so that
5 amongst other things we can all get paid -- and
6 that will be recorded, I'm sure -- but I didn't
7 want to leave before standing to say
8 congratulations, very best wishes, and we thank
9 you for the good work that you've done in the
10 Legislature, and you will continue to do from
11 the bench.
12 Thank you, Mr. President.
13 ACTING PRESIDENT KUHL: The
14 question is on the nomination and reappointment
15 of Christopher John Mega of Brooklyn, New York,
16 to the New York State Court of Claims. All
17 those in favor signify by saying aye.
18 (Response of "Aye.")
19 Opposed nay.
20 (There was no response. )
21 The nominee is unanimously
22 confirmed.
23 We're very pleased to be joined
9148
1 by Judge Mega and his family on the floor of the
2 chamber here today. Judge, congratulations and
3 good luck!
4 (Applause)
5 The Secretary will continue to
6 read.
7 THE SECRETARY: Senator Lack,
8 from the Committee on Judiciary, reports the
9 following nomination:
10 Judge of the New York State Court
11 of Claims, Matthew J. D'Emic, of Brooklyn.
12 ACTING PRESIDENT KUHL: Senator
13 Lack, on the nomination.
14 SENATOR LACK: Thank you, Mr.
15 President.
16 I'm pleased to stand in the
17 chamber and move the nomination of Matthew J.
18 D'Emic as a judge of the Court of Claims. His
19 credentials have been examined by the committee
20 and have been found to be excellent.
21 He appeared before the committee
22 this morning, who unanimously moved him for
23 confirmation to the floor of the Senate, and I
9149
1 would yield for purposes of a second to Senator
2 DiCarlo.
3 ACTING PRESIDENT KUHL: Senator
4 DiCarlo, on the nomination.
5 SENATOR DiCARLO: Thank you, Mr.
6 President.
7 It's a pleasure to rise again to
8 second a nomination for a judicial appointment,
9 and let me say that the Governor has made an
10 excellent choice in Matthew D'Emic. Matt D'Emic
11 is a constituent of mine. Matt D'Emic is a
12 graduate of Bavarian High School where I also
13 graduated. Matt D'Emic is a person who is well
14 known in my community. His family is well known
15 in my community, and he and his family have the
16 respect of my community.
17 Let me briefly present some of
18 his credentials to you. He is presently, or was
19 law secretary to Kings County Supreme Court, law
20 secretary to the administrative judge, Second
21 Judicial Department; a private practitioner, and
22 let me read something and a list of a few things
23 that I think say a lot about our nominee, and
9150
1 that's community involvement, and that's giving
2 of his time for the benefit of not only my
3 community but the city of New York and the state
4 of New York and the United States of America.
5 He's on the board of directors of
6 the Cathedral Club of Brooklyn; the board of
7 directors of the Guild for Exceptional Children;
8 board of advisers to Mother Vincent Care
9 Residence; board of advisers to the Salvation
10 Army, vice-president, St. Anselm Youth
11 Activities Council, charter member of the Ramon
12 Institute, member of the Parent Education and
13 Custody Effectiveness Program; vice-president of
14 the Catholic Lawyers Guild, a charter chair of
15 the Bavarian High School Alumni Bar Association;
16 on the board of directors of the Bay Ridge
17 Lawyers Association; charter committee member of
18 the Voice of Bay Ridge Businesses; the board of
19 trustees of Bavarian High School; a member of
20 Community Board 10; committee member of the
21 Ragamuffin Parade, a committee member of Our
22 Lady of Angels Centenary Reunion; on the finance
23 committee of St. Andrew the Apostle Church, and
9151
1 he's an arbitrator for the American Arbitration
2 Association.
3 He has received numerous awards
4 and commendations for his endless giving to our
5 community, our city and our state, and I think
6 that says a lot about a person who we are
7 confirming to become a judge. Not only is this
8 individual highly qualified in the legal sense,
9 but he is also qualified in the personal sense.
10 He is a person who gives of his
11 time, cares about his fellow men and women,
12 cares about his community and he is the type of
13 individual that we should all be proud in
14 sending to the bench, and I'd like to
15 congratulate the Governor on an excellent
16 choice.
17 I second his nomination.
18 ACTING PRESIDENT KUHL: Is there
19 any other Senator wishing to speak on the
20 nomination? Hearing none, the question is on
21 the nomination of Matthew J. D'Emic, of
22 Brooklyn, to the New York State Court of
23 Claims. All those in favor of the nomination
9152
1 signify by saying aye.
2 (Response of "Aye.")
3 Opposed nay.
4 (There was no response. )
5 The nominee is unanimously
6 confirmed.
7 We're very very pleased to be
8 joined by Judge D'Emic, who is in the gallery to
9 your left, and his wife Rosemary, children Drew,
10 Matt and Katie, and his brother Patrick. Judge
11 D'Emic, congratulations and good luck!
12 (Applause)
13 Secretary will continue to read.
14 THE SECRETARY: Senator Lack,
15 from the Committee on Judiciary, reports the
16 following nomination: Judge to the New York
17 State Court of Claims, Alan L. Honorof, of
18 Plandone Manor.
19 ACTING PRESIDENT KUHL: Senator
20 Lack, on the nomination.
21 SENATOR LACK: Thank you, Mr.
22 President.
23 Once again I rise to move the
9153
1 nomination of Alan L. Honorof, of Plandone
2 Manor, for a seat on the New York State Court of
3 Claims. Mr. Honorof has been examined by staff
4 of the committee. His nomination has been moved
5 to the committee this morning. It was
6 unanimously endorsed by the committee and sent
7 to the floor of the Senate and I would -- I am
8 pleased to yield for purposes of a second to
9 Senator Tully.
10 ACTING PRESIDENT KUHL: Senator
11 Tully, on the nomination.
12 SENATOR TULLY: Thank you, Mr.
13 President.
14 I'd first like to congratulate
15 Governor Pataki in nominating Alan L. Honorof to
16 become a judge of the New York State Court of
17 Claims. He's a constituent of mine, a friend
18 for many, many years.
19 He's a very active person in his
20 community. He's been very active in his bar
21 association. He's a member of the New York,
22 Pennsylvania and Florida bars. He's been an
23 assistant district attorney and besides the
9154
1 general practice of law, he's been town and
2 village counsel for many of the fine villages in
3 Nassau County, as well as the attorney for the
4 city of Glen Cove.
5 He is eminently qualified, both
6 academically and legally, and has what we think
7 is very important for someone serving in the
8 judiciary; that's judicial temperament.
9 I'd also just like to say hello,
10 Mr. President, to his daughter Lindsay and
11 congratulate her on her graduation from
12 kindergarten, and I wish her good luck as she
13 learns to ride her two-wheeled bike over the
14 summer, and I'd also like to say hello to Alan
15 Honorof's son Marshall, who will be going on to
16 the fourth grade and be an expert on the subject
17 of amphibians.
18 I'm pleased to second the
19 nomination of Alan Honorof, and good luck on the
20 bench and best wishes to your family and your
21 mother and father, I know, are here with you as
22 well.
23 ACTING PRESIDENT KUHL: Senator
9155
1 Levy, on the nomination.
2 SENATOR LEVY: Yes. Thank you
3 very much, Mr. President.
4 Likewise a privilege to join with
5 Senator Tully in recommending Alan Honorof who's
6 been a friend for many, many years, and being a
7 friend we certainly know what a quality attorney
8 he is. He's been a political colleague for
9 many, many years that we've worked together with
10 him. His dad was a highly respected and
11 successful village judge. The great performance
12 in the tradition and the legacy of the Honorof
13 family has been judicial service.
14 He's going to make a fine judge
15 of the Court of Claims, and I likewise
16 congratulate the Governor on this outstanding
17 appointment. All the best!
18 ACTING PRESIDENT KUHL: Senator
19 Marcellino, on the nomination.
20 SENATOR MARCELLINO: Yes, Mr.
21 President.
22 I also rise to second the
23 nomination of Alan Honorof. Alan has been a
9156
1 good friend for many years. He's a capable
2 person and will show the proper judicial
3 temperament and will be a credit to the Court of
4 Claims, and I congratulate the Governor, like
5 Senator Tully and Senator Levy, on this very
6 fine appointment.
7 ACTING PRESIDENT KUHL: Senator
8 Skelos, on the nomination.
9 SENATOR SKELOS: Mr. President, I
10 too join with my colleagues from Nassau in
11 congratulating the Governor on this fine
12 appointment. I've had the pleasure of knowing
13 Alan for a number of years both professionally
14 and also politically. He's going to be an
15 absolutely great Court of Claims judge.
16 Congratulations to you!
17 ACTING PRESIDENT KUHL: Is there
18 any other Senator wishing to speak on the
19 nomination? Hearing none, the question is on
20 the nomination of Alan L. Honorof, of Plandone
21 Manor, to become a judge of the New York State
22 Court of Claims. All those in favor of the
23 nomination signify by saying aye.
9157
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response. )
4 The nominee is unanimously
5 confirmed.
6 We're very pleased to have Judge
7 Honorof, his wife Debbi, their children Marshall
8 and Lindsay and his parents Gladys and Daniel
9 Honorof with us in the chamber today in the
10 gallery to your left.
11 So, Judge, congratulations and
12 good luck.
13 (Applause)
14 Secretary will continue to read.
15 THE SECRETARY: Senator Lack,
16 from the Committee on Judiciary, reports the
17 following nomination:
18 Judge to the New York State Court
19 of Claims, Joseph J. Maltese, of Staten Island.
20 ACTING PRESIDENT KUHL: Senator
21 Lack.
22 SENATOR LACK: Thank you, Mr.
23 President.
9158
1 It's my honor to rise once again
2 to move the nomination of Judge Joseph J.
3 Maltese to become a judge of the New York State
4 Court of Claims. He has appeared before the
5 committee, was unanimously endorsed to be moved
6 to the floor this morning, and I would
7 respectfully yield to Senator Marchi for
8 purposes of a second.
9 ACTING PRESIDENT KUHL: Chair
10 recognizes Senator Marchi, on the nomination.
11 SENATOR MARCHI: We have a very
12 fine nomination, for which the Governor again
13 should be complimented in submitting the
14 nomination of Joseph Maltese.
15 He has been serving since 1992 on
16 the civil court. He was elected to the civil
17 court. Before that he had extensive experience,
18 a graduate of Wagner College, with graduate work
19 at New York university. He also takes time to
20 preside over justice in the military court. I
21 had a little experience myself of that nature,
22 Judge, and he does that with distinction. He's
23 done it as a prosecutor, as a judge, a rich
9159
1 experience in that court as well.
2 He has been serving with
3 distinction and shows certainly great promise on
4 the burdens that he will be assuming. He is
5 here with his wife Joreen, and his daughters -
6 well, his daughters are here. His children are
7 here, Julie, I believe, yeah, Julie, Jacqueline
8 and Julie. They have deserve to be mentioned
9 because they're a fine family, and I'm very
10 happy to second that nomination.
11 ACTING PRESIDENT KUHL: Senator
12 DiCarlo, on the nomination.
13 SENATOR DiCARLO: Thank you, Mr.
14 President.
15 It is a busy morning for me and
16 I'm very happy that it's busy because we've got
17 some outstanding candidates and outstanding
18 judges before us.
19 Judge Maltese, a resident of
20 Staten Island, Richmond County, which I also
21 represent, is a fine, fine judge and we're proud
22 of his nomination here today.
23 I remember campaigning with Judge
9160
1 Maltese a number of years ago in the Brooklyn
2 section of my district and he was an outstanding
3 campaigner, and he's an outstanding judge, but
4 if the truth be told, he is a dynamic
5 individual, but the most dynamic individual in
6 his family is his lovely wife Joreen, and we
7 welcome her, and congratulations to you, Joreen,
8 and to you, Judge.
9 ACTING PRESIDENT KUHL: Is there
10 any other Senator wishing to speak on the
11 nomination? Hearing none, the question is on
12 the nomination of Joseph J. Maltese, of Staten
13 Island, to the judgeship of the New York State
14 Court of Claims. All those in favor of the
15 nomination, signify by saying aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response. )
19 The nominee is unanimously
20 confirmed.
21 We're very very pleased to have
22 Judge Maltese with us, his wife Joreen, their
23 children, Jacqueline, Julie and Megan, and also
9161
1 he's brought along his law clerk Matthew.
2 So, Judge, congratulations and
3 good luck.
4 (Applause)
5 Secretary will continue to read.
6 THE SECRETARY: Senator Lack,
7 from the Committee on Judiciary, reports the
8 following nomination:
9 Judge to the New York State Court
10 of Claims, Victor M. Ort, of Oyster Bay.
11 ACTING PRESIDENT KUHL: Senator
12 Lack.
13 SENATOR LACK: Thank you, Mr.
14 President.
15 I rise to move the nomination of
16 Victor M. Ort, of Oyster Bay, to be a judge of
17 the New York State Court of Claims. The staff
18 of the Judiciary Committee has examined his
19 credentials, has found them to be eminently
20 satisfactory. He appeared before the committee
21 this morning, was unanimously endorsed and was
22 moved to the floor of the Senate for
23 confirmation, and it is my pleasure to yield at
9162
1 this time for purposes of confirmation to
2 Senator Marcellino.
3 ACTING PRESIDENT KUHL: Senator
4 Marcellino, on the nomination.
5 SENATOR MARCELLINO: Mr.
6 President, I rise with pleasure to nominate Vic
7 Ort, a friend and neighbor for many years from
8 the lovely town of Oyster Bay on the North Shore
9 of Long Island in Nassau County, vacation home
10 to many, resort community to all. We invite all
11 tourists to come in. We'll let you tour Vic's
12 home. I'm sure his wife Judy is home now or
13 going home immediately to prepare the house.
14 Vic will be a fine addition to
15 the Court of Claims. He's got all the
16 professional credentials that you could want and
17 expect of a jurist of this quality and his high
18 stature. He's got his service to the community.
19 He's a Kiwanian. I forgive him for that as a
20 Rotarian. We'll nominate him anyway.
21 He's well qualified, will do an
22 excellent job. He's a superb individual, and I
23 also want to congratulate the Governor again on
9163
1 this very, very fine appointment to the Court of
2 Claims.
3 Congratulations!
4 ACTING PRESIDENT KUHL: Senator
5 Tully, on the nomination.
6 SENATOR TULLY: Thank you, Mr.
7 President.
8 Once again, I want to
9 congratulate Governor Pataki on the nomination
10 of Victor Ort. He is probably the most happy
11 person I have every met. He always seems to
12 have a happy smile and seems to love what he's
13 been doing. He's been a village attorney, an
14 acting police justice, and an assistant to
15 perhaps the best jurist ever to serve on this or
16 any other bench for that matter, the Honorable
17 James Niehoff of the Appellate Division.
18 In the case of Mr. Ort, I believe
19 he will continue to love the law. I believe he
20 will serve us well, and I congratulate the
21 Governor again and am pleased to second his
22 nomination.
23 ACTING PRESIDENT KUHL: Senator
9164
1 Levy, on the nomination.
2 SENATOR LEVY: Yeah. Thank you
3 very much, Mr. President.
4 It's likewise a pleasure to rise
5 to second this nomination. We really have an
6 outstanding bench in Nassau County, and Vic Ort
7 will be a quality addition to an extraordinary
8 bench. He was an outstanding attorney. He's
9 had a brilliant career in the judiciary as a
10 judicial public servant.
11 I also want to congratulate the
12 Governor for a very fine appointment and great
13 addition to the Court of Claims.
14 Thank you very much, Mr.
15 President.
16 ACTING PRESIDENT KUHL: Senator
17 Skelos, on the nomination.
18 SENATOR SKELOS: Mr. President,
19 again I want to join my colleagues from Nassau
20 in congratulating the Governor on this fine
21 appointment. When I was in law school at night
22 I served as a personal officer to Judge Hogan,
23 who was the presiding judge of the appellate
9165
1 term at that time, and one of the individuals
2 that I had the pleasure of working with was Vic
3 Ort. Learned an awful lot about the law from
4 both Judge Hogan and Vic, and this is just a
5 marvelous, marvelous appointment and
6 congratulations to you.
7 ACTING PRESIDENT KUHL: Is there
8 any other Senator wishing to speak on the
9 nomination?
10 Hearing none, the question is on
11 the nomination of Victor M. Ort, of Oyster Bay,
12 to become a justice of the New York State Court
13 of Claims. All those in favor of the nomination
14 signify by saying aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response. )
18 The nominee is unanimously
19 confirmed.
20 We're very, very pleased to have
21 Judge Ort and his wife Judy with us in the
22 chamber to your left in the gallery. Judge Ort,
23 congratulations and good luck.
9166
1 (Applause)
2 Secretary will continue to read.
3 THE SECRETARY: Senator Lack,
4 from the Committee on Judiciary, reports the
5 following domination:
6 Judge to the New York State Court
7 of Claims, Stephen J. Rooney, of Staten Island.
8 ACTING PRESIDENT KUHL: Senator
9 Lack, on the nomination.
10 SENATOR LACK: Mr. President, I
11 rise once again to nominate Judge Stephen J.
12 Rooney as a judge of the New York State Court of
13 Claims. His credentials have been examined by
14 the committee. He's here before the committee
15 this morning. He was unanimously endorsed and
16 his nomination moved to the floor, and it's a
17 very, very great pleasure since Senator Marchi
18 has been asking me about this nomination for a
19 long time, to yield the floor at this time for
20 purposes of a second to Senator John Marchi.
21 ACTING PRESIDENT KUHL: Senator
22 Marchi, on the nomination.
23 SENATOR MARCHI: Mr. President,
9167
1 again I'd like to restate my admiration for the
2 Governor personified in the nominations that
3 have been submitted to us and also to echo to
4 some extent what Senator Levy said, the pride
5 that he takes in the quality of the bench in
6 this county, and we enjoy that same feeling, Mr.
7 President, in the county of Richmond.
8 The two nominees that we've had
9 are people who have served as judges, have not
10 been found wanting. In the case of Stephen
11 Rooney, he has a -- a tremendous, tremendous
12 background, serving him very well, given the
13 nature and quality of the service that he has
14 rendered.
15 A very cultured, scholarly
16 individual, he has served in both the district
17 attorney's office in Manhattan and in Richmond
18 County, has been Chief of the Major Offense
19 Bureau, has tried to verdict over 50 cases
20 during his period as a -- in his service with
21 both Bob Morgenthau and the district attorney of
22 Richmond County and since 1989 he was appointed
23 to the Criminal Court, serving with distinction
9168
1 there, and in recent years has been designated
2 to serve on the Supreme Court of the state of
3 New York.
4 So that there is a wealth of
5 experience. It bears well to -- to reflect, I
6 think, as we have -- as this is the last
7 nomination, I take it, that's being presented to
8 us today -- of the importance that a quality
9 bench means, a coordinated branch of government,
10 and it's so important since they share in many
11 ways a creative, and exercise a creative impact
12 even on the question of law making in its own
13 way without certainly not impinging on the
14 prerogatives of the legislative body.
15 He has a fine family, and again I
16 am certainly delighted with this nomination and
17 if the past is prologue, by virtue of his
18 service on the bench and his gifted service as a
19 prosecutor, I believe that he will give an
20 excellent account of himself on the bench.
21 ACTING PRESIDENT KUHL: Senator
22 DiCarlo, on the nomination.
23 SENATOR DiCARLO: I thank you,
9169
1 Mr. President.
2 For the fourth and final time, I
3 rise to second a nomination of a Staten
4 Islander. Senator Marchi gave his credentials,
5 so I won't do that. Just to say that he is a
6 qualified person, a respected judge, and will do
7 us proud on Staten Island and the state of New
8 York, and to say one thing about his wife, I've
9 worked with her. She is a dynamic lady like
10 Judge Maltese's wife, and Kate Rooney, we're
11 proud of you also, and what you do for Staten
12 Island; and congratulations, Judge.
13 ACTING PRESIDENT KUHL: Is there
14 any other Senator wishing to speak on the
15 nomination? Hearing none, the question is on
16 the nomination of Stephen J. Rooney, of Staten
17 Island, to become a justice on the New York
18 State Court of Claims. All those in favor of
19 the nomination signify by saying aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (There was no response).
23 The nominee is unanimously
9170
1 confirmed.
2 We're very, very pleased to have
3 Judge Rooney, his wife Kathryn, their children,
4 Mary Kate and Elizabeth, with us in the chamber
5 in the gallery to your left. Judge, thank you
6 for being with us. Congratulations and good
7 luck.
8 (Applause)
9 Senator Holland.
10 SENATOR HOLLAND: Mr. President,
11 may we please return to reports of standing
12 committees. I believe there is a report of the
13 Rules Committee at the desk.
14 ACTING PRESIDENT KUHL: There is
15 a report of the Rules Committee at the desk. We
16 will return to the order of reports of standing
17 committees. I'll ask the Secretary to read the
18 report of the Rules Committee.
19 THE SECRETARY: Senator Bruno,
20 from the Committee on Rules, reports the
21 following bills:
22 Senate Print 6736-B, by Senator
23 Hoblock, an act to amend the Transportation Law;
9171
1 6328, by Senator Cook, an act to
2 amend the Retirement and Social Security Law;
3 6900-A, by Senator Marcellino, an
4 act to amend the Environmental Conservation Law;
5 7887, by Senator Libous, an act
6 to amend the Education Law;
7 7903, by Senator Bruno, an act to
8 amend Chapter 721 of the Laws of 1994;
9 7909, by Senator Bruno, an act to
10 amend a chapter of the laws of 1996 as proposed
11 in Legislative Bill Numbers 7903 and Assembly
12 11260; and
13 By the Assembly Committee on
14 Rules, Assembly Print 11179, an act to amend the
15 General Obligations Law.
16 All bills ordered directly to
17 third reading.
18 ACTING PRESIDENT KUHL: Senator
19 Holland.
20 SENATOR HOLLAND: I move we
21 accept the report of the Rules Committee.
22 ACTING PRESIDENT KUHL: Motion is
23 to accept the report of the Rules Committee.
9172
1 All those in favor signify by saying aye.
2 (Response of "Aye.")
3 Opposed nay.
4 (There was no response. )
5 The report is accepted. Bills
6 will go directly to third reading.
7 Senator Holland.
8 SENATOR HOLLAND: Mr. President,
9 can we take up the non-controversial reading of
10 the Supplemental Calendar Number 1, please.
11 ACTING PRESIDENT KUHL: For the
12 benefit of the members, there is a supplemental
13 calendar, Supplemental Calendar Number 1, on
14 your desks. I'll ask the Secretary to read the
15 non-controversial Supplemental 1 Calendar.
16 THE SECRETARY: Calendar Number
17 636, by Senator Hoblock.
18 SENATOR GOLD: Lay it aside,
19 please.
20 THE SECRETARY: 6736-B -
21 ACTING PRESIDENT KUHL: The bill
22 is high. The bill will be laid aside.
23 THE SECRETARY: Calendar Number
9173
1 1696, by Senator Cook, Senate Print Number 6328,
2 an act to amend the Retirement and Social
3 Security Law.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 54.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Senator
15 Marcellino moves to discharge from the Committee
16 on Rules Assembly Bill Number 10696-A and
17 substitute it for the identical Third Reading
18 Calendar 1697.
19 SENATOR LEICHTER: Lay aside.
20 ACTING PRESIDENT KUHL:
21 Substitution is ordered. Secretary will read
22 the title.
23 THE SECRETARY: Calendar Number
9174
1 1697, by the Assembly Committee on Rules,
2 Assembly Print 10696-A, an act to amend the
3 Environmental Conservation Law.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside.
6 THE SECRETARY: Senator Libous
7 moves to discharge from the Committee on Rules
8 Assembly Bill Number 9785 and substitute it for
9 the identical Third Reading Calendar 1698.
10 SENATOR PATERSON: Lay aside.
11 ACTING PRESIDENT KUHL:
12 Substitution is ordered. Secretary will read
13 the title.
14 THE SECRETARY: Calendar Number
15 1698, by member of the Assembly Crouch, Assembly
16 Print 9785, an act to amend the Education Law.
17 ACTING PRESIDENT KUHL: Bill is
18 before the house. Lay the bill aside.
19 THE SECRETARY: Calendar Number
20 1699, by Senator Bruno, Senate Print 7903, an
21 act to amend Chapter 721 of the Laws of 1994,
22 authorizing the city of Troy.
23 ACTING PRESIDENT KUHL: There is
9175
1 a home rule message at the desk. Secretary will
2 read the last section.
3 THE SECRETARY: Section 23. 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 54.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1700, by Senator Bruno, Senate Print 7909, an
13 act to amend a chapter of the laws of 1996.
14 ACTING PRESIDENT KUHL: There is
15 a home rule message at the desk, but the bill is
16 high. Lay the bill aside.
17 THE SECRETARY: Calendar Number
18 1701, by the Assembly Committee on Rules,
19 Assembly Print 11179, an act to amend the
20 General Obligations Law.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 2. This
9176
1 act shall take effect on the same day as a
2 chapter of the laws of 1996.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 54.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 Senator Holland.
10 SENATOR HOLLAND: Mr. President,
11 can we do the controversial reading of
12 Supplemental Calendar Number 1, please.
13 THE SECRETARY: Secretary will
14 read the controversial calendar. Again this is
15 Supplemental Calendar Number 1.
16 Senator Holland.
17 SENATOR HOLLAND: Mr. President,
18 there will be an immediate meeting of the
19 Finance Committee in Room 332.
20 ACTING PRESIDENT KUHL: There
21 will be an immediate meeting of the Finance
22 Committee in the Majority Conference Room.
23 Immediate meeting of the Finance Committee in
9177
1 the Majority Conference Room, Room 332.
2 Secretary will call the
3 controversial calendar beginning with Calendar
4 Number 1698, by Senator Libous, Senate Print
5 7887.
6 THE SECRETARY: Calendar Number
7 1698, substituted earlier today, by member of
8 the Assembly Crouch, Assembly Print 9785, an act
9 to amend the Education Law.
10 ACTING PRESIDENT KUHL: Senator
11 Lachman.
12 SENATOR LACHMAN: Yes. Will the
13 distinguished Senator from Greater Binghamton,
14 the home town of the Press and the Sun Bulletin,
15 please explain the intent of this legislation?
16 ACTING PRESIDENT KUHL: Senator
17 Libous, an explanation of Calendar Number 1698
18 has been requested.
19 SENATOR LIBOUS: Thank you, Mr.
20 President and Senator Lachman.
21 Basically what we discovered -
22 my Assemblyman discovered that there's a quirk
23 in the law and that some of the school board
9178
1 elections, various types of elections in school
2 districts, that absentee ballots cannot be used
3 and basically this allows us to move forward so
4 that people can vote by absentee ballot, which I
5 think is something that is appropriate.
6 ACTING PRESIDENT KUHL: Senator
7 Lachman.
8 SENATOR LACHMAN: Will the
9 Senator yield for one question?
10 ACTING PRESIDENT KUHL: Will the
11 Senator yield?
12 SENATOR LIBOUS: Yes.
13 ACTING PRESIDENT KUHL: Senator
14 yields.
15 SENATOR LACHMAN: I assume, but
16 I'd like to have this in the record, that this
17 applies only to LEAs, Local Education
18 Authorities and, therefore, precludes any of New
19 York City's community school boards from
20 participating in this endeavor.
21 SENATOR LIBOUS: That is correct,
22 Mr. President.
23 SENATOR LACHMAN: Thank you.
9179
1 ACTING PRESIDENT KUHL: Any other
2 Senator wishing to speak on Calendar Number
3 1698? Hearing none, Secretary will read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 54.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 Secretary will now read Calendar
14 Number 1697.
15 THE SECRETARY: Calendar Number
16 1697, substituted earlier today, by the Assembly
17 Committee on Rules, Assembly Print 10696-A, an
18 act to amend the Environmental Conservation Law.
19 ACTING PRESIDENT KUHL: Secretary
20 will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
9180
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes -
4 ACTING PRESIDENT KUHL: Announce
5 the results when tabulated.
6 THE SECRETARY: Ayes 53, nays 1,
7 Senator Maziarz recorded in the negative.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 Senator Holland.
11 SENATOR HOLLAND: Mr. President,
12 is there any housekeeping?
13 ACTING PRESIDENT KUHL: Senator
14 Holland, we do have a privileged resolution by
15 Senator Connor at the desk that we could take up
16 at this time if you'd like to.
17 SENATOR HOLLAND: Take up the
18 resolution, please.
19 ACTING PRESIDENT KUHL: We'll
20 return to motions and resolutions. I'll ask the
21 Secretary to read the title of the privileged
22 resolution, by Senator Connor, which is at the
23 desk.
9181
1 THE SECRETARY: By Senator
2 Connor, Legislative Resolution commending Angela
3 Battaglia upon the occasion of her appointment
4 to the New York City Planning Commission.
5 ACTING PRESIDENT KUHL: Any
6 Senator wishing to speak on the resolution?
7 Hearing none, the question is on the resolution
8 by Senator Connor. All those in favor signify
9 by saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 The resolution is adopted.
13 Senator Holland.
14 SENATOR HOLLAND: Mr. President,
15 may we stand at ease awaiting the result -- the
16 report of the Finance Committee, please.
17 ACTING PRESIDENT KUHL: The
18 Senate will stand at ease awaiting the report of
19 the Senate Finance Committee.
20 (Whereupon at 11:19 a.m., the
21 Senate stood at ease.)
22
23
9182
1 (The Senate reconvened at 12:08
2 p.m.)
3 ACTING PRESIDENT KUHL: Senate
4 will come to order.
5 Chair recognizes Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 return to reports of standing committees. I
8 believe there is a report of the Finance
9 Committee at the desk.
10 ACTING PRESIDENT KUHL: There is
11 a report from the Finance Committee at the desk.
12 SENATOR SKELOS: I ask that it be
13 read.
14 ACTING PRESIDENT KUHL: We will
15 return to the order of reports of standing
16 committees.
17 The Secretary will read.
18 THE SECRETARY: Senator Stafford,
19 from the Committee on Finance, reports the
20 following nomination:
21 Member of the Board of Trustees
22 of the City University of New York, Anne
23 Paolucci, of Beachurst.
9183
1 ACTING PRESIDENT KUHL: The
2 question is on the nomination of Anne Paolucci,
3 of Beachurst, to become a member of the Board of
4 Trustees of the City University of New York.
5 All in favor, signify by saying aye.
6 (Response of "Aye.")
7 Those opposed, nay.
8 (There was no response.)
9 The nominee is confirmed.
10 Secretary will continue to read.
11 THE SECRETARY: Senator Stafford,
12 from the Committee on Finance, reports the
13 following nomination:
14 Member of the Metropolitan
15 Transportation Authority, Ernest J. Salerno, of
16 Pearl River.
17 ACTING PRESIDENT KUHL: The
18 question is on the nomination. All in favor,
19 signify by saying aye.
20 (Response of "Aye.")
21 Opposed, nay.
22 (There was no response.)
23 The nominee is confirmed.
9184
1 Secretary will continue to read.
2 THE SECRETARY: Senator Stafford,
3 from the Committee on Finance, reports the
4 following nomination:
5 Member of the Board of Directors
6 of the New York Convention Center Operating
7 Corporation, Robert E. Boyle, of Croton-on
8 Hudson.
9 SENATOR GOLD: Mr. President.
10 ACTING PRESIDENT KUHL: Chair
11 recognizes Senator Gold, on the nomination.
12 SENATOR GOLD: Thank you.
13 Mr. President, I try to listen
14 very carefully and learn from our distinguished
15 Majority Leader, Senator Bruno, and on more than
16 one occasion he has told us, advised us, even
17 lectured us on this side as to the importance of
18 process. He has had comments to make when we
19 wanted to amend the rules to do certain things
20 we thought would be right, and he told us how
21 important the rules were.
22 To begin with, I think that we
23 owe a public apology to Senator Dollinger.
9185
1 About a month or so ago, there was quite a to-do
2 on this floor as to whether or not he properly
3 followed our rules to request someone to appear
4 before a committee. We owe him that apology
5 because, according to Senator Stafford,
6 distinguished Chairman of Finance, there was an
7 acknowledgment that I, in a timely way, had
8 requested that this nominee, Mr. Boyle, appear
9 before the Finance Committee. I asked whether
10 he had been asked, and Senator Stafford
11 indicated, in his own truthful way, that the
12 request "had been considered," quotes/unquotes.
13 But it was an acknowledgment there that he had
14 not asked or no one had asked the nominee to
15 appear. I felt that the nominee should have
16 been asked and the nominee could have said yes
17 or no, and at least we would know that the
18 nominee said yes or no.
19 Why is there an issue here? When
20 we have people who are nominated by the Governor
21 for positions which pay money, apparently we
22 have them come before our committees, but we
23 have a process which says that if people are not
9186
1 paid money then we would not have them appear.
2 Now, we know that there are a lot
3 of positions which, while important, are
4 ceremonial or don't carry with it huge
5 administrative responsibilities, and these
6 people are not asked to appear. But there are
7 positions such as the Board of the New York
8 Convention Center where no one receives money,
9 but the position is extraordinarily important.
10 Everybody in this room knows that
11 there was a problem with the Convention Center.
12 Everybody in this room was involved in trying to
13 correct that problem, and it's important that
14 people who serve on the Board of Directors of
15 the New York Convention Center be above question
16 and certainly available to questions when
17 properly requested. My request of the Finance
18 Committee was a proper request.
19 Senator Leichter, in his usual
20 candor, pointed out to the committee that in the
21 short period of time that Mr. Boyle has been
22 working with the Convention Center he seems to
23 be doing an okay job, and maybe that is not the
9187
1 basis why we wanted to see him. I indicated
2 that I do not like to throw out bombs when
3 people's names and reputations are involved and
4 that I felt that there was good cause in my mind
5 to have him there and have him discuss
6 questions. The area of inquiry dealt with the
7 Governor's campaign, his role as the treasurer,
8 his role with the inauguration, and the
9 questions were such that I'm sure if Mr. Boyle
10 were here we could have cleared the air and it
11 was an area where the air should be cleared.
12 In spite of my request, timely
13 made, the committee, controlled by the Majority,
14 decided to go forward. There is one other quote
15 that I would like to put on the record from our
16 distinguished Chairman of Finance, Senator
17 Stafford, and that was his gracious
18 acknowledgment that the Minority in this house
19 has done its constitutional job and has been
20 cooperative in handling appointments from the
21 Governor.
22 Now, Governor Pataki has sent up
23 a lot of nominations which you can well imagine
9188
1 if it were my choice or your choice might be
2 different. The law doesn't permit me to vote
3 yes or no based upon what I would do or what a
4 Democrat would do, and I have, I believe, lived
5 up to my constitutional obligation and voted to
6 confirm nominations of a Republican Governor
7 that I might not agree with, but people who were
8 qualified and, therefore, were deserving of my
9 constitutional obligation to vote yes, even
10 though they were not mine.
11 So what happened today was not an
12 attempt to injure the system. It was not an
13 attempt to hold back the system from operating.
14 It was a properly made request, made timely, to
15 have a nominee to a position of great
16 responsibility appear before the committee. I
17 think that the request should have been honored,
18 not as a senatorial courtesy, not that we walk
19 in here with our togas and bow to each other but
20 because governmentally it was the right thing to
21 do. Governmentally, until December 31st, you
22 have a majority in this house and, on the other
23 hand, every one of us, Majority or Minority, are
9189
1 elected to come here and participate, and
2 showing the kind of muscle that was shown today
3 in the Finance Committee does not do honor to
4 the Finance Committee.
5 We know that there are a majority
6 of Republicans on that committee and, in spite
7 of right or wrong, you can do whatever you want
8 to do. I do not think you did Mr. Boyle
9 justice. Mr. Boyle is entitled to the
10 opportunity to answer the questions. The
11 innuendoes that you are hiding him, that you are
12 protecting him, which were made by some people
13 at the committee do not do justice to Mr. Boyle,
14 and it's your fault. If Mr. Boyle had been
15 asked to attend and did not attend, then it's
16 his fault, or at least you could say that he was
17 given an opportunity, but the Majority in this
18 house has denied him the opportunity to even
19 make that choice, and I think you did the man an
20 injustice, and I think you owe Senator Dollinger
21 an apology for remarks which were made a month
22 ago, and you owe Mr. Boyle an apology for not
23 giving him the opportunity to say whether or not
9190
1 he would appear.
2 ACTING PRESIDENT KUHL: Senator
3 Leichter, on the nomination.
4 SENATOR LEICHTER: Yes.
5 Mr. President. I am really
6 saddened and disappointed at the action of the
7 Majority and what occurred in the Senate Finance
8 Committee, and I think Senator Gold in his
9 characteristic moderate and very modest way, I
10 think, maybe didn't really fully portray what
11 happened here.
12 What happened is that somebody
13 who is being appointed to an extremely
14 significant, important position as a member of
15 the board of directors of the Convention Center
16 and who has been acting, will continue to act as
17 the chief operating officer of a center that we
18 know has been poorly run, has maybe been run in
19 a way that has fostered and furthered illegal
20 activities, denied the City and the state of New
21 York needed revenue, that that person did not
22 appear to answer questions, one, about his
23 stewardship as the chief operating officer, his
9191
1 plans, his policies -- and there is a lot of
2 dispute right now involving legislation as to
3 how that Convention Center is to be run; and
4 putting aside all of the other issues, that we
5 would confirm somebody for such an important
6 position and not have that person appear is, I
7 submit to you, an abdication of responsibility
8 by the committee.
9 Now, then you've got to ask
10 yourself, "Well, wait. Why is that happening?"
11 And you look and you realize and you understand
12 that some very serious questions have been
13 raised about Mr. Boyle, questions about a
14 contribution that his campaign committee made to
15 Governor Pataki, I think when the Governor was a
16 Senator, that were repaid by "Friends of Pataki"
17 in 1995. There is the whole question of the
18 inaugural committee and how that money was
19 raised, how that money was spent, and we know
20 that the Pataki administration has stonewalled
21 on that.
22 So why would a person who is
23 responsible for this important position and,
9192
1 secondly, whose role in campaign financing and
2 the inaugural committee is very central to
3 public issues that have been raised -- why
4 doesn't he appear? And I think I can only draw
5 one conclusion, that this is part of the
6 stonewalling, of an effort to keep the public
7 from knowing what has happened to monies in the
8 inaugural committee and whether the law was
9 complied with, whether there were activities
10 that, even if they were legal, raise a lot of
11 serious policy questions, and Mr. Boyle is right
12 at the heart of all those questions, and he
13 should have appeared.
14 I think we had an obligation to
15 the people of the state of New York to have him
16 appear and, if nothing else, you had the ranking
17 Minority member of the committee make a request,
18 followed the procedures that some weeks ago
19 Senator Stafford pointed out, when Senator
20 Dollinger raised some questions about why
21 somebody hadn't appeared, and Senator Stafford
22 said, "We have a procedure. Ask for it in
23 writing."
9193
1 I want to say Senator Stafford
2 has always been extremely courteous. Earlier
3 this year, I asked to have somebody appear. He
4 made every effort to have that person appear, so
5 I don't blame Senator Stafford on this. But I
6 just question, is there a policy here by the
7 Republican Party of this state and by the Pataki
8 Administration not to have Mr. Boyle and other
9 people who are connected with the inaugural
10 committee, who raised money for that committee,
11 who were otherwise involved in raising monies
12 for the Pataki campaign and for the Governor
13 previously -- to keep them from appearing and
14 answering questions?
15 Mr. Boyle should have been here.
16 He should have answered questions as to those
17 activities. He should answer questions as to
18 what is happening at the Convention Center and
19 his not appearing, to my mind, makes it
20 impossible to act on his nomination.
21 I just want to say that, while I
22 was very critical when he was first appointed as
23 chief operating officer, I want to say in all
9194
1 fairness, that the impression I have is that he
2 has done a good job; but that's not the issue.
3 The issue is that I shouldn't have to rely on
4 newspaper stories. The issue is that he has to
5 appear because of the position he holds. He has
6 to appear because the ranking Minority member
7 asked that he appear, and that's the procedures
8 of the committee, and he has to appear because
9 some of the questions relate to the financial
10 campaign matters that I have mentioned before.
11 Not appearing, I don't think that
12 his nomination is ripe for us to act on.
13 ACTING PRESIDENT KUHL: Senator
14 Dollinger, on the nomination.
15 SENATOR DOLLINGER: Mr.
16 President, I rise to urge my colleagues to vote
17 in the negative on this nomination. Let me
18 explain why.
19 First of all, I appreciate
20 Senator Gold suggesting that I'm owed an
21 apology. I don't believe I am, but I believe he
22 is entitled to an apology because, as everyone
23 knows, a month ago in the Finance Committee when
9195
1 two nominees came forward and I wanted to raise
2 a question with one of the nominees about the
3 fact that they had contributed money in excess
4 of the $5,000 corporate limitation that the law
5 of this state limits corporate contributions, I
6 wanted to find out the extent of that nominee's
7 complicity in making that donation and find out
8 whether the person who was nominated had
9 actually knowingly violated the laws of this
10 state, to determine his fitness to sit on the
11 Greater Rochester Regional Transportation
12 Authority.
13 I was told by the chairman of the
14 committee that we wouldn't hold that appointment
15 because there was an unwritten rule in the
16 Senate Finance Committee that unless there was a
17 designation "to appear" next to the names of
18 nominees they would not appear. I apologized to
19 the chairman at the time and said I wasn't aware
20 of that rule. But I have now raised what I
21 believe is a question about this nominee's
22 fitness for office and I would like -- as a
23 matter of senatorial courtesy at that time and
9196
1 because it affected my community and because 70
2 percent of the people who ride on the Transit
3 Authority live in my district, I asked that it
4 be delayed.
5 Following the rules of the Senate
6 Finance Committee, the unwritten rule, I was
7 told, "You didn't ask ahead of time; therefore,
8 there is no need for them to appear," and
9 because I didn't have the facts I needed to
10 determine the fitness of the candidate for that
11 job, I voted no. I later had a conversation
12 with that candidate in which I apologized to him
13 and said, "Had I known, I might have voted yes."
14 Today, another injustice is being
15 done because Senator Gold -- who followed the
16 unwritten rule of the Senate Finance Committee.
17 When he noticed that Mr. Boyle had no
18 designation next to his name, Senator Gold
19 acting on behalf of this Conference asked the
20 chairman of the committee to invite Mr. Boyle to
21 come. What I understand happened based on my
22 hearing in the Finance Committee is that the
23 chairman of the committee and the committee
9197
1 majority decided not to even bother to ask Mr.
2 Boyle to appear.
3 So, apparently, there is no rule
4 in the Senate Finance Committee about who
5 appears except one rule which is also
6 unwritten. If the candidate who is nominated
7 could have to answer questions that would
8 embarrass George Pataki, he will not appear.
9 That's now the rule. It's almost like Animal
10 Farm. Remember? Four legs is good, and then it
11 went to two legs is good, then two legs that are
12 pigs are good.
13 Well, apparently, we're evolving
14 a rule here, which is, you don't have to appear
15 unless you are asked. If you are asked, you
16 still don't have to appear because we won't ask
17 you if we know that your appearance would
18 embarrass George Pataki.
19 And, Senator Gold, please take
20 this in the spirit it's offered. I will
21 apologize for the breach of the rules. Why did
22 I want to talk to Mr. Boyle? I understand from
23 Senator Leichter that he may be doing a good job
9198
1 in his current position, but I'm more concerned
2 in determining his fitness about his role in
3 what I believe has become the cancer that is
4 eating away at the credibility of the Governor,
5 and that is, his failure to disclose the money
6 that was received in contributions from the
7 inaugural corporation and the money that it paid
8 out. It's eating away at his public credibility
9 and, unfortunately, it's eating away at the
10 credibility of his administration.
11 It starts with Dr. DeBuono and
12 the Health Committee. She refused to answer
13 questions about payments she had received from
14 the inaugural committee. I can't understand
15 why. I was disappointed she wouldn't answer the
16 question. It appears as though the cone of
17 silence, the agreement of silence, the code of
18 silence, is going to bind everyone on the second
19 floor and everyone beholding to anyone on the
20 second floor to prevent public disclosure of
21 this important information.
22 Also impacts Mr. Boyle, and I
23 would like to contrast my reaction to Mr. Boyle
9199
1 and to Commissioner DeBuono with Mr. Steinberg.
2 You remember Mr. Steinberg, nominated by
3 Governor Pataki to be the chairman of the
4 Thruway Authority. I asked Mr. Steinberg in his
5 appearance before the committee, "Did you or
6 your corporation, Reliance Insurance Company,
7 give a contribution to the Governor's inaugural
8 corporation, New York Inauguration 95, New York
9 Transition 95? Did Reliance Insurance Company
10 give a contribution?" He said yes. I asked him
11 whether that contribution violated the $5,000
12 corporate limit that Reliance would have given
13 to other candidates during 1995. He said he
14 didn't know. I think that was a fair answer. I
15 think it was an accurate answer. That's all we
16 needed from Mr. Boyle, fair, accurate answers
17 about his conduct in the operation of the
18 inaugural corporation.
19 I continue to maintain -- I have
20 maintained it in public. I have maintained it
21 on this floor. I have maintained it even back
22 in Rochester, New York. In my judgment, the
23 inaugural corporation solicited gifts to benefit
9200
1 Governor Pataki that were in excess of $75 that
2 could -- could -- may -- I won't say will, but
3 they could violate a law passed by this chamber,
4 passed by the Republicans in this chamber,
5 passed by the Democrats in this chamber, which
6 made it a rule in this state that you can not
7 accept a gift in excess of $75 from any entity.
8 Why did we pass that rule? To do
9 the one thing that the Governor's failure to
10 disclose is eroding away, the public confidence
11 in government.
12 And it seems to me that that
13 cancer has spread today to Mr. Boyle and,
14 unfortunately, by not allowing him to appear, by
15 not allowing him to answer questions, the
16 complicity in walking out on that political
17 plank of the inaugural committee now comes to
18 this chamber and to the majority in this
19 chamber.
20 I think it's really a travesty we
21 have come to this point. I would urge the
22 Governor to immediately disclose where he got
23 the money from, disclose how it would be spent,
9201
1 disclose who got contributions, and I would
2 simply ask that the Governor do it now.
3 It seems to me -- and I hate to
4 put Mr. Boyle's public integrity at stake, but
5 he should have been here. He should have been
6 answering questions. He should have done -
7 followed the procedures in the Senate Finance
8 Committee to make sure that the truth -- the
9 truth -- was known.
10 ACTING PRESIDENT KUHL: Is there
11 any other Senator wishing to speak on the
12 nomination?
13 SENATOR STAFFORD: Mr. President,
14 just very briefly.
15 ACTING PRESIDENT KUHL: Senator
16 Stafford.
17 SENATOR STAFFORD: This morning I
18 think it is very fortunate for us that we do
19 have these members -- excuse me -- these
20 nominees for members of the Board of Directors
21 of the New York Convention Center Operating
22 Corporation. I might add very quickly that it's
23 a bipartisan effort, and I would commend the
9202
1 leaders of the Legislature, all who were
2 involved in these nominations, both Minority and
3 Majority.
4 Having people appear for these
5 nonpaying positions -- people are busy. People
6 almost always are leaders. People almost always
7 are involved in what we would say are the
8 issues, are their professions, their businesses,
9 in their communities, and there is a very
10 extensive B.C.I. investigation.
11 We then have the opportunity,
12 which we do and we take it very seriously -- we
13 have the opportunity to review those
14 investigations, the results, the reports from
15 those investigations, and we say at the meeting
16 that we have reviewed the reports and we have
17 found nothing which would interfere or would
18 make it impossible or nothing that is there that
19 would indicate this person should not serve in
20 this capacity.
21 I compliment the Governor, the
22 leaders of the Legislature that are involved in
23 these nominations. I think they are good
9203
1 nominations. I do have to emphasize that the
2 person who has been mentioned the most and,
3 frankly, the one we are considering at this time
4 has done an excellent job in a very, very
5 difficult situation. It was our Majority Leader
6 who asked that we have hearings concerning this
7 issue. These hearings were held in New York
8 City. The Majority Leader himself was there. I
9 assure you they were extensive because I was
10 there.
11 I would say, Mr. President, that
12 Mr. Boyle is capable. He is doing an excellent
13 job, and I certainly am honored to move his
14 confirmation.
15 ACTING PRESIDENT KUHL: The
16 question is on the nomination.
17 SENATOR GOLD: Mr. President.
18 ACTING PRESIDENT KUHL: Senator
19 Gold.
20 SENATOR GOLD: Yes, I will be
21 brief, but, Senator Stafford, some of your
22 comments, although obviously said in good faith,
23 just don't cut it with me. You say people are
9204
1 busy, and these are nonpaying jobs.
2 Well, Senator, if they are too
3 busy then they shouldn't take any job, and part
4 of the job is answering to the Legislature.
5 Part of the job in running this convention
6 center is making sure that whatever the scandals
7 were in the past that people have confidence
8 today and, Senator, part of our procedures on
9 the committee is to give the individual a chance
10 to say whether he or she is too busy to come.
11 So I don't think that your answer is at all
12 adequate, and I don't think your answer does Mr.
13 Boyle justice.
14 ACTING PRESIDENT KUHL: The
15 question is on the nomination of Robert E. Boyle
16 to become a member of the Board of Directors of
17 the New York Convention Center Operating
18 Corporation. All those in favor of the
19 nomination, signify by saying aye.
20 (Response of "Aye.")
21 Opposed, nay.
22 (Response of "Nay.")
23 The nominee is confirmed.
9205
1 Secretary will continue to read
2 the report of the Senate Finance Committee.
3 THE SECRETARY: Senator Stafford,
4 from the Committee on Finance, reports the
5 following nominations:
6 Members of the Board of Directors
7 of the New York Convention Center Operating
8 Corporation, Lloyd Constatine of New York City;
9 Ronald Goldstock, of New York City; Eric M.
10 Javits, Esq., of Woodbury; Paul O'Neil, of New
11 York City; and Joseph E. Spinnato, of
12 Muttontown.
13 ACTING PRESIDENT KUHL: The
14 question is on the nomination of several members
15 to become members of the Board of Directors of
16 the New York Convention Center Operating
17 Corporation. All those in favor of the
18 nomination -- Senator Waldon, why do you rise?
19 SENATOR WALDON: I would like to
20 ask the Chairman of Finance a question or two,
21 if I may, on the nominations.
22 ACTING PRESIDENT KUHL: Senator
23 Stafford, do you yield to a question from
9206
1 Senator Waldon?
2 SENATOR STAFFORD: Yes.
3 ACTING PRESIDENT KUHL: Senator
4 yields.
5 SENATOR WALDON: Thank you, Mr.
6 President.
7 My colleague, Senator Stafford,
8 the distinguished Chairman, I won't be long, but
9 I was sitting here looking at these names, and I
10 looked back through my mind's eye over the names
11 of the people we have approved recently, going
12 back even to those appointed to the Court of
13 Claims and I was wondering how many of the
14 Governor's recommendations during this session
15 have been people who have been traditionally
16 entitled "minority", meaning Latinos and/or
17 African-Americans, if you know that; and, if you
18 don't, if you could get that information to us,
19 it would be appreciated.
20 SENATOR STAFFORD: Certainly
21 will.
22 SENATOR WALDON: Thank you, Mr.
23 President.
9207
1 ACTING PRESIDENT KUHL: The
2 question is on the nomination of several members
3 to become members of the Board of Directors of
4 the New York Convention Center Operating
5 Corporation. All those in favor of the
6 nominations, signify by saying aye.
7 (Response of "Aye.")
8 Opposed, nay.
9 (Response of "Nay.")
10 The nominees are confirmed.
11 SENATOR BRUNO: Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 Bruno.
14 SENATOR BRUNO: Is there anything
15 else at the desk that requires our attention at
16 this time?
17 ACTING PRESIDENT KUHL: We have
18 one motion, Senator Bruno.
19 SENATOR BRUNO: Take that up at
20 this time.
21 ACTING PRESIDENT KUHL: Return to
22 motions and resolutions.
23 The Chair recognizes Senator
9208
1 Farley.
2 SENATOR FARLEY: Thank you, Mr.
3 President. On behalf of my colleague who's
4 sitting beside me, Senator Seward -
5 I'm doing your work for you?
6 SENATOR SEWARD: Thank you.
7 Thank you.
8 SENATOR FARLEY: I wish to call
9 up his bill, Print Number 5206A, which was
10 recalled from the Assembly which is now at the
11 desk.
12 ACTING PRESIDENT KUHL: Secretary
13 will read.
14 THE SECRETARY: Calendar Number
15 637, by Senator Seward, Senate Print 5206A, an
16 act to amend the County Law.
17 ACTING PRESIDENT KUHL: Senator
18 Farley.
19 SENATOR FARLEY: I now move to
20 reconsider the vote by which this bill passed.
21 ACTING PRESIDENT KUHL: The
22 Secretary will call the roll on reconsideration.
23 (The Secretary called the roll on
9209
1 reconsideration.)
2 THE SECRETARY: Ayes 56.
3 ACTING PRESIDENT KUHL: The bill
4 is before the house.
5 Senator Farley.
6 SENATOR FARLEY: Mr. President,
7 Senator Seward now offers the following
8 amendments.
9 ACTING PRESIDENT KUHL:
10 Amendments are received and adopted.
11 That takes care of all the
12 housekeeping, Senator Bruno.
13 SENATOR BRUNO: Mr. President, I
14 would suggest that we presently stand at ease,
15 and I would ask for an immediate conference of
16 the Majority in Room 332.
17 ACTING PRESIDENT KUHL: Senator
18 Paterson.
19 SENATOR BRUNO: My estimation
20 would be that we will probably be about 20
21 minutes, and then we can resume and hopefully
22 conclude session for this day.
23 ACTING PRESIDENT KUHL: Senator
9210
1 Paterson.
2 SENATOR BRUNO: Senator Paterson.
3 SENATOR PATERSON: Mr. President,
4 there will be an immediate conference of the
5 Minority in the Minority Leader's Conference
6 Room exactly when this session ends -- no,
7 exactly when this recess begins.
8 ACTING PRESIDENT KUHL: There
9 will be an immediate meeting of the Majority
10 Conference in the Majority Conference Room.
11 Immediate meeting of the Majority Conference in
12 the Majority Conference Room, Room 332.
13 There will also be an immediate
14 meeting of the Minority in the Minority
15 Conference Room, Room 314. An immediate meeting
16 of the Minority Conference in the Minority
17 Conference Room, Room 314.
18 And the Senate will stand at ease
19 for about 20 minutes.
20 (Whereupon, at 12:36 p.m., the
21 Senate was at ease.)
22 ACTING PRESIDENT NOZZOLIO:
23 Senator Skelos.
9211
1 SENATOR SKELOS: There will be an
2 immediate meeting of the Rules Committee in the
3 Majority Conference Room.
4 ACTING PRESIDENT NOZZOLIO: There
5 will be an immediate meeting of the Rules
6 Committee in the Majority Conference Room.
7 SENATOR SKELOS: The Senate will
8 stand at ease.
9 ACTING PRESIDENT NOZZOLIO:
10 Senate stands at ease.
11 (Whereupon, the Senate continued
12 at ease until 2:26 p.m.)
13 ACTING PRESIDENT NOZZOLIO:
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President.
16 If we could return to reports of standing
17 committees. I believe there's a report of the
18 Rules Committee at the desk. I ask that it be
19 read.
20 ACTING PRESIDENT NOZZOLIO:
21 Secretary will read the rules report.
22 THE SECRETARY: Senator Bruno,
23 from the Committee on Rules, reports the
9212
1 following bills:
2 Senate Print 4428B, by Senator
3 Lack, an act to amend the Judiciary Law and the
4 State Finance Law;
5 6024, by Senator Saland, an act
6 to amend the State Finance Law;
7 7894A, by the Senate Committee on
8 Rules, an act authorizing the city of
9 Canandaigua;
10 7897, by the Senate Committee on
11 Rules, an act to amend the Public Authorities
12 Law;
13 7904, by Senator DiCarlo, an act
14 to amend the Civil Service Law; and
15 7913, by Senator Holland, an act
16 to authorize the lease of property.
17 All bills ordered directly for
18 third reading.
19 SENATOR SKELOS: Mr. President, I
20 move we accept the report of the Rules
21 Committee.
22 ACTING PRESIDENT NOZZOLIO: All
23 in favor of accepting the report of the Rules
9213
1 Committee, signify by saying aye.
2 (Response of "Aye.")
3 Opposed, nay.
4 (There was no response.)
5 The report is accepted.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 if we can take up the Supplemental Calendar No.
9 2, noncontroversial.
10 ACTING PRESIDENT NOZZOLIO:
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 1702, by Senator Lack, Senate Print 4428B, an
14 act to amend the Judiciary Law and the State
15 Finance Law.
16 ACTING PRESIDENT NOZZOLIO: Read
17 the last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect April 1.
20 ACTING PRESIDENT NOZZOLIO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 56.
9214
1 ACTING PRESIDENT NOZZOLIO: The
2 bill is passed.
3 THE SECRETARY: Senator Saland
4 moves to discharge from the Committee on Rules
5 Assembly Bill Number 8743 and substitute it for
6 the identical Third Reading Calendar 1703.
7 ACTING PRESIDENT NOZZOLIO:
8 Substitution ordered. Secretary will read.
9 THE SECRETARY: Calendar Number
10 1703, by member of the Assembly Schimminger,
11 Assembly Print 8743, an act to amend the State
12 Finance Law.
13 ACTING PRESIDENT NOZZOLIO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT NOZZOLIO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 56.
21 ACTING PRESIDENT NOZZOLIO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
9215
1 1704, by the Senate Committee on Rules, Senate
2 Print 7894A, an act authorizing the city of
3 Canandaigua.
4 ACTING PRESIDENT NOZZOLIO: There
5 is a home rule message at the desk. Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT NOZZOLIO: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 56.
13 ACTING PRESIDENT NOZZOLIO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1705, by the Senate Committee on Rules, Senate
17 Print 7897, an act to amend the Public
18 Authorities Law.
19 SENATOR LEICHTER: Lay it aside.
20 ACTING PRESIDENT NOZZOLIO: The
21 bill is laid aside.
22 THE SECRETARY: Calendar Number
23 1706, by Senator DiCarlo, Senate Print 7904, an
9216
1 act to amend the Civil Service Law.
2 ACTING PRESIDENT NOZZOLIO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT NOZZOLIO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 56.
10 ACTING PRESIDENT NOZZOLIO: The
11 bill is passed.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 on Calendar Number 1704, I believe the bill is
15 high, so I would like to move to reconsider the
16 vote by which the bill passed.
17 THE SECRETARY: Calendar Number
18 1704, by the Senate Committee on Rules, Senate
19 Print 7894A, an act authorizing the city of
20 Canandaigua.
21 SENATOR SKELOS: Lay the bill
22 aside.
23 ACTING PRESIDENT NOZZOLIO: The
9217
1 Secretary will call the roll on reconsideration.
2 (The Secretary called the roll on
3 reconsideration.)
4 THE SECRETARY: Ayes 56.
5 ACTING PRESIDENT NOZZOLIO: The
6 bill is before the house. The bill is laid
7 aside.
8 THE SECRETARY: Calendar Number
9 1707, by Senator Holland, Senate Print 7913, an
10 act to authorize the lease of property at the
11 Letchworth Developmental Center.
12 SENATOR SKELOS: Mr. President,
13 is there a message of necessity at the desk?
14 ACTING PRESIDENT NOZZOLIO: Yes,
15 there is a message.
16 SENATOR SKELOS: Move to accept.
17 ACTING PRESIDENT NOZZOLIO:
18 Motion to accept the message.
19 All in favor, aye.
20 (Response of "Aye.")
21 Opposed, nay.
22 (There was no response.)
23 The message is accepted.
9218
1 Read the last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect immediately.
4 ACTING PRESIDENT NOZZOLIO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 56.
8 ACTING PRESIDENT NOZZOLIO: The
9 bill is passed.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 on Supplemental Calendar No. 1, can we take up
13 Calendar Number 1700. We now have a message.
14 ACTING PRESIDENT NOZZOLIO:
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 1700, by Senator Bruno, Senate Print 7909, an
18 act to amend a chapter of the Laws of 1996.
19 ACTING PRESIDENT NOZZOLIO:
20 Senator Skelos.
21 SENATOR SKELOS: Is there a
22 message of necessity at the desk?
23 ACTING PRESIDENT NOZZOLIO: Yes,
9219
1 there is a message.
2 SENATOR SKELOS: Move we accept.
3 ACTING PRESIDENT NOZZOLIO: The
4 motion is to accept the message.
5 All in favor, say aye.
6 (Response of "Aye.")
7 Opposed, nay.
8 (There was no response.)
9 Message is accepted.
10 There is a home rule message at
11 the desk.
12 The Secretary will read.
13 SENATOR GOLD: What is the
14 number?
15 ACTING PRESIDENT NOZZOLIO:
16 Calendar Number 1700, Supplemental Calendar No.
17 1.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the same date as a
21 chapter of the Laws of 1996.
22 ACTING PRESIDENT NOZZOLIO: Call
23 the roll.
9220
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 56.
3 ACTING PRESIDENT NOZZOLIO: The
4 bill is passed.
5 SENATOR SKELOS: Mr. President.
6 If we could just stand at ease, Mr. President.
7 ACTING PRESIDENT NOZZOLIO:
8 Senate will stand at ease.
9 (Whereupon, at 2:33 p.m., the
10 Senate stood at ease until 2:55 p.m.)
11 ACTING PRESIDENT NOZZOLIO:
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 if we could return to reports of standing
15 committees, I believe there is a report of the
16 Finance Committee at the desk. I ask that it be
17 read, for Senator Paterson.
18 ACTING PRESIDENT NOZZOLIO:
19 Secretary will read.
20 THE SECRETARY: Senator Stafford,
21 from the Committee on Finance, reports the
22 following bill:
23 Senate Print 7915, by the Senate
9221
1 Committee on Rules, an act making appropriations
2 for the support of government; and
3 Senate Print 7916, by the Senate
4 Committee on Rules, an act to amend Chapter 905
5 of the Laws of 1986.
6 Both bills ordered directly for
7 third reading.
8 SENATOR SKELOS: Mr. President,
9 move to accept the report of the Finance
10 Committee.
11 ACTING PRESIDENT NOZZOLIO: The
12 motion is to accept the report of the Finance
13 Committee.
14 All those in favor, say aye.
15 (Response of "Aye.")
16 Opposed, nay.
17 (Response of "Nay.")
18 The report is accepted.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 at this time, if we could take up Senate 7915.
22 ACTING PRESIDENT NOZZOLIO:
23 Secretary will read.
9222
1 THE SECRETARY: Calendar Number
2 1708, by the Senate Committee on Rules, Senate
3 Print 7915, an act making appropriations for the
4 support of government.
5 SENATOR SKELOS: Mr. President.
6 Is there a message of necessity and
7 appropriation at the desk?
8 ACTING PRESIDENT NOZZOLIO: Yes,
9 there is.
10 SENATOR SKELOS: I move to accept
11 the message.
12 ACTING PRESIDENT NOZZOLIO: The
13 motion is to accept the message.
14 All in favor.
15 (Response of "Aye.")
16 Opposed.
17 (There was no response.)
18 Message is accepted.
19 Senator Hoffmann.
20 SENATOR HOFFMANN: On this bill,
21 Mr. President.
22 I have raised the issue in
23 Finance, and Senator Stafford did his best I
9223
1 think to explain a rather incomprehensible
2 situation. In the scheme of things around here
3 this may not be a real big deal to some people,
4 but it puts a number of us in a somewhat awkward
5 situation because, for the first time, we now
6 have two separate pay bills, known as extenders,
7 incorporated into one bill.
8 The state employees, the general
9 operations of the state, are now being included
10 in a bill that also continues to pay for
11 legislators. Now, these last many weeks in
12 which we have been extending pay to other state
13 employees and to ourselves, some of us have
14 taken the position that members of the
15 Legislature should not be paid when we have not
16 done the people's work and have not yet
17 concluded a state budget. I am among that
18 number.
19 Today, however, I am in the very
20 uncomfortable situation of having to vote either
21 against paying all state employees or voting for
22 continuing pay to legislators who are doing a
23 less than adequate job in the eyes of many
9224
1 people in this state. So I would just like the
2 record to reflect that in the past I stood with
3 several colleagues and voted against extending
4 pay to legislators in the absence of a budget,
5 and I would like to be able to do that today.
6 I wish there were an adequate
7 explanation. No slight intended to the chairman
8 who I think did try to explain this situation,
9 but there must be some other reason why these
10 two bills have been jumbled together into one
11 bill today than saving printing costs. God
12 knows, we spend enough on printing around here
13 putting together legislation that's not likely
14 to go any place. One-house bills are the order
15 of the day most days in both the Senate and the
16 Assembly.
17 So I just can't believe that the
18 primary motivation of combining the extender for
19 all state employees with combining the extender
20 to legislators was to save on the cost of
21 printing.
22 But I have no alternative except
23 to do what I think is best for the rest of the
9225
1 employees of the state of New York, so I will
2 reluctantly vote in favor of this measure.
3 ACTING PRESIDENT NOZZOLIO:
4 Senator Gold.
5 SENATOR GOLD: Mr. President, I
6 have no idea, obviously, why we have one bill
7 instead of two, and I sympathize with Senator
8 Hoffmann, who would like to be able to clarify
9 that vote. On the other hand, I respect Senator
10 Hoffmann's right to make her own interpretations
11 of her job.
12 I want it clear that in voting
13 for this bill I would vote for this bill if it
14 were separated into two bills. I think that the
15 record indicates that I and others have
16 absolutely done our job. Our job, as I see it,
17 was to make sure that the budget filed by
18 Governor Pataki in December did not become law.
19 My obligation to the people was to make sure
20 that the budget as amended by Governor Pataki in
21 January did not become law. My job was to see
22 to it that the amendments made by Governor
23 Pataki, even though they were an improvement in
9226
1 March, did not become law and to fight to see
2 that perhaps the legislative agreement -- which
3 unfortunately we haven't seen in bill form -
4 might become law because I believe that the
5 original budget would have meant the death of
6 people. I believe that the original budget was
7 cruel and did some terrible things.
8 Now, lest anybody misunderstand,
9 I don't think George Pataki is cruel. I think
10 he is a fine gentleman, and I say that not
11 tongue in cheek. I say that very seriously.
12 But the product was such that it was my job
13 since it was filed, until today, and continuing
14 until we get a budget, to fight for a proper
15 budget, and the concept that some people have
16 that we should pass a budget on March 31st even
17 if it's bad for the people is a concept I will
18 not buy.
19 The concept that in order to get
20 myself paid I should pass any budget and put my
21 own paycheck over that interest of my
22 constituents is something I do not buy. Now, I
23 know there are people here who feel that if we
9227
1 don't pass a budget we haven't done our work. I
2 respect their intellectual right to come to that
3 conclusion. I just want the record clear on my
4 intellectual right to feel that I am doing the
5 right thing by my people by fighting the budget
6 until it's right.
7 ACTING PRESIDENT NOZZOLIO:
8 Senator Dollinger.
9 SENATOR DOLLINGER: Mr.
10 President, I have been just reading the bills
11 just to clarify the issue of legislative pay,
12 and I concur with Senator Hoffmann that this
13 practice of bringing these two formerly separate
14 bills together -- I'm not satisfied.
15 I wasn't at the Finance
16 Committee, and I apologize for not being there,
17 but it seems to me -- we have done it in the
18 past that we've had a chance to vote on our own
19 pay as well as the pay for the other members of
20 this state work force, and it seems to me by
21 combining them we're doing ourselves a
22 disservice and the people of this state.
23 I join in Senator Hoffmann's
9228
1 appraisal of this that I would vote against
2 payment for ourselves, and yet I'm not going to
3 punish the rest of the state work force by
4 voting against this bill.
5 ACTING PRESIDENT NOZZOLIO:
6 Senator Marcellino.
7 SENATOR MARCELLINO: Mr.
8 President, I don't often rise to agree with my
9 colleague, Senator Gold, but in this particular
10 case I tend to agree that a late budget if it's
11 the right budget is the way to go, and I think
12 at this point in time we are negotiating.
13 Leadership is in the process of negotiating a
14 budget. I disagree with some of the editorials
15 that I've seen around the state in various
16 newspapers that say we should pass any budget by
17 April 1. It has to be the budget that the
18 Legislature and the Executive can concur and
19 agree is the right budget for the state of New
20 York, and in that process, we are engaged right
21 now and that process should go on as long as it
22 takes to come up with a budget that will deliver
23 the services at the right price for the people
9229
1 of this state and not just any budget for any
2 budget's sake.
3 ACTING PRESIDENT NOZZOLIO:
4 Senator Mendez.
5 SENATOR MENDEZ: Yes, Mr.
6 President. I do rise also to concur with
7 Senator Gold and Senator Marcellino. I voted
8 for all the 200 legislators to be paid last time
9 that we had that bill before us, and I intend to
10 do so in this instance.
11 Today, yes, there's only one bill
12 rather than two. I feel, and I am sure my
13 colleagues do feel the same way, that we have
14 earned the money. In our efforts on the
15 community level and doing the constituent work
16 and informing our voters of what's the process
17 that takes place here and informing them about
18 the issues, that is important also. Just doing
19 the budget alone, on time, as it was mentioned
20 before, is not the way to go if that budget is
21 going to be penalizing to any group of citizens
22 of the State of New York.
23 So, therefore, I will gladly -- I
9230
1 wish I could vote a hundred times for this one
2 bill in this instance, because I think I, as
3 well as my colleagues, have earned the money,
4 budget or no budget.
5 Thank you.
6 ACTING PRESIDENT NOZZOLIO:
7 Senator Oppenheimer.
8 SENATOR OPPENHEIMER: I think my
9 question has been answered because aside from -
10 well, I concur with my colleagues who said that
11 in the past when we had two separate bills many
12 of us voted against the legislative piece
13 funding for our salaries, but, of course, this
14 time, I would be voting in favor because I
15 certainly don't think we should penalize the
16 people who work for us.
17 But I had noticed that we had
18 also in this bill -- I guess I should ask this
19 question, if the sponsor will yield for a
20 question?
21 SENATOR STAFFORD: By all means.
22 ACTING PRESIDENT NOZZOLIO:
23 Senator Stafford will yield.
9231
1 SENATOR STAFFORD: Yes.
2 SENATOR OPPENHEIMER: We have,
3 which we haven't in the past had -- we have the
4 income maintenance, the medical assistance.
5 SENATOR STAFFORD: Senator, it's
6 my fault. I can't hear.
7 SENATOR OPPENHEIMER: Okay.
8 Also, it's not pointed at me. It's pointed up.
9 It should be pointed sideways.
10 We also have in this bill income
11 maintenance and medical assistance and community
12 development. I don't believe that was in our
13 past bills, but it is in this bill also.
14 These are things that we haven't
15 had combined into one bill in the past. Is that
16 not correct?
17 SENATOR STAFFORD: It has been in
18 the past. Again, this I think shows the
19 responsibility of the Executive and the
20 Legislature that there are specific areas or
21 specific items that should be included at this
22 time that have been in the past, and, of course,
23 they are this time.
9232
1 SENATOR OPPENHEIMER: In the past
2 -- if I can clarify?
3 SENATOR STAFFORD: Yes.
4 SENATOR OPPENHEIMER: They were
5 separate, but now they are in this one bill.
6 SENATOR STAFFORD: They have been
7 in various bills, and they have usually been
8 together.
9 SENATOR OPPENHEIMER: Yes. Thank
10 you.
11 ACTING PRESIDENT NOZZOLIO:
12 Senator Nanula.
13 SENATOR NANULA: Thank you, Mr.
14 President.
15 I, too, plan to vote for this
16 bill although under duress, and I didn't plan on
17 addressing the issue of legislative pay, but
18 since it has been brought forward to this body
19 today and, of course, it is in the bill, I'd
20 like to extend some of my thoughts on it.
21 A couple of points were made, and
22 I certainly respect the individuals who made
23 them and also respect their positions in terms
9233
1 of this being a democratic process, one where we
2 all can stand regardless of what our position is
3 and bestow our position. Since we're doing that
4 on this issue, I would like to bestow a few of
5 my positions in regard to this. I have been
6 quite vocal on this issue historically, and a
7 couple of points were made, one being, "Well, we
8 should take as much time as needed and
9 deliberate over the various differences we have
10 in regard to a budget, whether they take a week
11 or two weeks or three weeks or four weeks or
12 three months or four months."
13 Well, the last I recall, there
14 was a deadline, at least one that is always
15 discussed, called April 1st. There is a
16 deadline that we're supposed to be, as a
17 legislative body, working together with the
18 Governor to achieve, and, certainly, there were
19 some good points made by Senator Gold in regards
20 to some of our opinions that the Governor's
21 budget wasn't one that we would want to
22 support. But that doesn't mean that we should
23 just open-ended, without any kind of time line
9234
1 be on a path in a responsible fashion to pass a
2 budget, and Senator Mendez, who I have
3 tremendous respect for, talked about our labor
4 and that we should be compensated for it.
5 Well, so should the various
6 companies that have done business with the state
7 that aren't being paid, so should the various
8 municipalities that are going to bond short-term
9 that aren't getting money from the state because
10 we haven't passed a budget and, beyond all of
11 that, what kind of image does this process give
12 to corporations and give to bond raters and
13 others that are involved in looking at this
14 state as a place to conduct business, as a place
15 to rate in terms of the way in which we conduct
16 business?
17 I agree wholeheartedly with my
18 colleagues that this budget process in terms of
19 not passing a budget that is not good for the
20 people of New York is appropriate, but to not
21 have any sensitivity or to not understand what
22 this process means, what the delay in this
23 process means to the people of this state, I
9235
1 think, is really shortsighted, and I'll tell you
2 something else. It's a scar on all of us to the
3 electorate because people are losing faith in
4 government as a result of the way in which we're
5 handling ourselves up here.
6 Again, I'm voting for this bill.
7 I'm very dissatisfied that the Legislature pay
8 was included with the various other necessities
9 that are going to be passed in this bill, and I
10 wish it wasn't and, again, I wanted to simply
11 explain my position and bestow some of my
12 additional positions in regards to the process
13 itself.
14 Thank you.
15 SENATOR GOLD: Mr. President.
16 ACTING PRESIDENT NOZZOLIO:
17 Senator Gold.
18 SENATOR GOLD: Yes, I will be
19 very, very brief but Senator Nanula reminded me
20 of something, and I wanted to throw that out.
21 There was something in the paper
22 recently, last few days or last week, about the
23 bond raid... -- raters. Actually, maybe raiders
9236
1 is a better word. But it's interesting.
2 The one thing we did do on time
3 -- and I'm proud that we did it -- was the debt
4 service bill and, since the beginning of time,
5 this state has always paid its debts, and yet we
6 pay people like Moody's. We pay them to look at
7 our material and give a rating, and they decide
8 what they're going to rate it, and that rating
9 costs us money. If that isn't the silliest
10 process I've ever heard of -- and I'm putting in
11 legislation, I'm telling you now, to change
12 that.
13 I think we should be able to give
14 them information, whatever information they
15 want, and let them rate it for whoever wants to
16 listen, but we should stop paying them, number
17 one, and there isn't any reason in the world
18 that the State of New York should have anything
19 other than the finest credit rating. Because
20 what's the issue? We pay our debts. What's the
21 issue this year? On time, we passed a debt
22 service bill. So anybody who rates us other
23 than the finest is a phony, and they are playing
9237
1 to a market which is a phony market.
2 The issue is, "Do we pay our
3 debts?" and we pay them and we pay them on
4 time. So that part of this ought to be cleared
5 away, and if there are municipalities or school
6 districts or the state that are losing
7 percentage points in their rating, that is phony
8 baloney.
9 SENATOR STAFFORD: Good point.
10 ACTING PRESIDENT NOZZOLIO:
11 Senator Hoffmann.
12 SENATOR HOFFMANN: Mr. President,
13 I was impressed with the comments by my
14 colleague from Buffalo, Senator Nanula, and I
15 too have to respond to something that Senator
16 Gold alluded to and he just elaborated on it
17 somewhat further.
18 We are hearing -- those of us
19 maybe in the upstate area hear a little bit more
20 than some of you in the New York City area
21 because there is a difference in the way the
22 media reports the activities of the
23 Legislature. It's a little different. I think
9238
1 the best analogy would be, those of you in the
2 New York City metropolitan area are reported in
3 a sporting event in terms of color; we are
4 covered on a play-by-play basis in the upstate
5 media and over a period of many months now, one
6 repeated fumbled ball after another has led to a
7 tremendous diminishing of respect not only for
8 us as individuals but for this entire
9 legislative body and for government in general,
10 as Senator Nanula so eloquently said.
11 But there is a real element of
12 pain in our constituency. One of my BOCES
13 superintendents approached me the other day. He
14 had just returned from the bank where he had
15 borrowed $15 million for the nine school
16 districts that he covers, $15 million of debt
17 service that he will have to absorb, that the
18 taxpayers of that district will have to absorb,
19 that is caused by our failure to put together a
20 budget and to have a state aid formula in place
21 before our April 1 deadline. Those are real
22 costs incurred by people at the local level and
23 we are responsible for them.
9239
1 For us to continue to provide our
2 own salaries in this abdication of our
3 responsibility is a shame, is a disgrace, and
4 causes great, great lack of respect for the
5 entire legislative process in this state. So,
6 of course, I want to vote against extending the
7 salaries to legislators. It's a small thing to
8 do, but it's symbolic to some people, and it
9 shows that a few of us are honestly trying to
10 make this place a little bit better.
11 But, today, we saw a bill put on
12 the floor that allows no opportunity to cast
13 that vote and stand on the principle that
14 legislators should not be paid because the
15 budget is late. We don't have that opportunity
16 to do that because somebody very cleverly
17 crafted a bill that now lumps together all state
18 employees with the Legislature.
19 I only wish that whoever it is
20 working behind the scenes in some back room some
21 place who came up with that idea was putting the
22 same kind of energy into coming up with a budget
23 for the State of New York. This kind of
9240
1 devious, clever trickery that this Legislature
2 is all too famous for is what is causing us to
3 have our wheels turn so terribly slowly. These
4 gears just don't even come close to meshing, let
5 alone turning and moving the machine forward.
6 Two houses posturing and people
7 trying to figure ways to embarrass legislators
8 instead of allowing us to get together, put our
9 heads together, and collectively determine what
10 it is that the taxpayers of this state need. It
11 is high time that we all took the position that
12 this is a disgrace and we are embarrassed at the
13 way this government conducts this shameful
14 process that we call a budget.
15 SENATOR STAFFORD: Mr. President.
16 ACTING PRESIDENT NOZZOLIO:
17 Senator Stafford.
18 SENATOR STAFFORD: I can't
19 believe that I am going to stand up here, when
20 we're all getting ready to leave, and speak. I
21 could say this is the first time ever.
22 (Laughter.)
23 SENATOR GOLD: It's always the
9241
1 first time ever.
2 SENATOR STAFFORD: But it isn't.
3 We have fought wars so we can do
4 what's been done here the past few days and
5 weeks. You know, when you run for cover -- when
6 you run for cover and it sounds good and you
7 want to make the press and you want the
8 headlines and you want to look like you're the
9 big deal, what do you do? You attack, and then
10 go home and do nothing and then come here and do
11 nothing.
12 This is a complex state, and for
13 those that do not know that, I suggest that they
14 travel around the state a little. I can be
15 quite provincial. My area isn't the most
16 cosmopolitan in the world. It's the northeast
17 corner of the state. It is upstate. But I know
18 that there are various agendas, and I use the
19 word "agenda" advisedly. This isn't any other
20 state. This is New York, where we have the
21 capital of the world in Plattsburgh -
22 (Laughter.)
23 -- and we have some real, real
9242
1 difficult questions, issues, and I think it's a
2 credit to the people that serve that they do
3 stand firm and they do their best.
4 Now, this date that everybody
5 talks about, I would be pleased if we could have
6 an artificial date and say this is when we're
7 going to do it and it's going to be done, but
8 when you have -- What do we have, 211
9 legislators?
10 SENATOR GOLD: 211.
11 SENATOR STAFFORD: -- 211
12 legislators, we have an executive branch, and
13 when you see the various compromises that have
14 to be made, and I use the word "compromise"
15 advisedly and in the good sense of the word, I
16 think that it's a credit that we can do this in
17 this state even though it's not maybe at the
18 exact date that someone thinks it should be
19 done.
20 Now, the Governor and the leaders
21 will each owe me a dollar, but I think it's so
22 unfortunate that we read those names and we hear
23 pounding, pounding, pounding on those people
9243
1 and, "Oh, it's so terrible! It's so terrible!"
2 You know, someone said to me the
3 other day, "Well, how in the world do you solve
4 this?" I said, "Elect a Republican Assembly,"
5 and they didn't want to write that. It makes
6 too much sense.
7 Thank you.
8 ACTING PRESIDENT NOZZOLIO:
9 Senator Oppenheimer.
10 SENATOR OPPENHEIMER: Well, I
11 could explain my vote, yes.
12 Or the contrary to our eloquent
13 prior speaker, we could elect a Democratic
14 Governor and a Democratic Senate.
15 But I -- I -- I -- I want to
16 paint a small positive note on something, but
17 also say that I don't believe that there are 209
18 legislators up here that are pleased. I think
19 there are 209 legislators up here who are
20 grumbling a bit because we don't see this as the
21 finest hour, and we think there is a better way,
22 and I think we have to face the issue that this
23 year we had something different happen, and that
9244
1 something different was very major non-budget
2 policy items were brought into the budget
3 discussion, and I think that is what has caused
4 so much angst this year and, had we not done
5 that, had it not been handled that way, I think
6 we could have had certainly a more timely
7 budget.
8 I happen to think that we have
9 the capability in this great government of ours
10 to bring in an on-time budget. I think it's a
11 question of focus and concentration and working
12 maybe more days and more full time in the first
13 few months of our sessions.
14 So I can't say that that's an
15 inevitability that the longer and the later we
16 are that it just produces a better and better
17 document. I can't subscribe to that.
18 I would also like to note
19 something that I had heard buzzing around, and
20 I'm not sure if this will come to pass, but it
21 was, I thought, a way of assisting those
22 communities, those municipalities, and those
23 school districts that are experiencing some very
9245
1 serious difficulty now, particularly in my area,
2 and they are not only now paying the money to
3 borrow from the bank but they are also losing
4 interest payments that they might have were our
5 funds given to them on time, deposited in a bank
6 and collecting interest, and there was some
7 discussion that perhaps state government would
8 be interested in compensating those school
9 districts and municipalities for the loss of
10 that interest income which they will be
11 experiencing as well as for the increased cost
12 to borrow the money and that the state is having
13 that money that much longer, the cash float is
14 with us; we are getting that interest income and
15 that perhaps it would be appropriate and the
16 right thing to do to pass it on to the
17 municipalities and the school districts. I
18 think that is one way that they would be able to
19 at least survive and not be too seriously
20 impacted by what is happening up here. I offer
21 that as a recommendation.
22 ACTING PRESIDENT NOZZOLIO:
23 Senator Mendez.
9246
1 SENATOR MENDEZ: Mr. President,
2 I'm going to be very brief. I just want to put
3 the whole situation in perspective. I feel, Mr.
4 President, that the 211 legislators in this
5 state feel very bad that April the 1st came and
6 went and we didn't have a budget for all of our
7 constituents in New York State. We all -- I
8 think we all feel or the ones that have spoken,
9 that they feel very bad about it.
10 But the issue here is -- whether
11 we do not have a budget, the issue here is that
12 it is totally unacceptable to me at the personal
13 and the collective level as a legislator. The
14 implication that this bill whether in a -- in
15 one bill or in two bills shouldn't be voted on,
16 and the reason for not voting for it is that we
17 legislators have not done our job. Mr.
18 President. That is such, in my view, an
19 irrational statement that I shouldn't even be
20 placing so much attention to it, but for the
21 record I wanted to clarify it.
22 Thank you, Mr. President.
23 SENATOR CONNOR: Mr. President.
9247
1 ACTING PRESIDENT NOZZOLIO:
2 Senator Connor.
3 SENATOR CONNOR: Thank you, Mr.
4 President. I would urge all my colleagues to
5 support these emergency appropriations because
6 we've certainly seen in Washington what happens
7 when extremists close down the government. It
8 doesn't inure to the people's benefit nor to the
9 political benefit of the extremists.
10 I agree with some of what has
11 been said here. I quibble and quarrel with some
12 of the nuances of what we've heard.
13 I would remind all of my
14 colleagues that it doesn't take 211 legislators
15 to bring about a budget; that there are 212
16 people involved; that there is someone on the
17 second floor -- the chief executive of this
18 state -- who, frankly, in my opinion, should
19 have declared victory about four or five weeks
20 ago when both houses on a bipartisan basis
21 agreed upon a budget, submitted it to the second
22 floor. It spent less money than last year. It
23 preserved the tax cuts, and it restored needed
9248
1 funding for things that we care about like
2 education, like health care, like support for
3 our elderly and infirm.
4 I don't understand what was wrong
5 with that budget, and I think we have to put the
6 proper focus on it. As of that moment, agreed
7 they were late, but the 211 members of the
8 Legislature had, in effect, brought about the
9 process that resulted in a budget, and it was
10 the Governor who decided for a variety of
11 reasons to say no, and that was well reported in
12 the press, as we know; and in doing that, it
13 seems, from what I have been reading and
14 hearing, the drive was the linkage of a lot of
15 unrelated programmatic, nonbudgetary matters at
16 the insistence of the Governor of this state,
17 and that's why I think all fair-minded New
18 Yorkers believe that its George Pataki's fault
19 that we have broken the record.
20 I hate to see us break the record
21 because records always seem to be the goal the
22 next time out, and every record seems to fall,
23 whether it was the four-minute mile or any other
9249
1 record, consecutive hits, or whatever, and I
2 hate to see us set such a record as we're doing,
3 but I don't think -- I think we have to remember
4 back a few weeks and realize it's not just that
5 we, the legislators, haven't done our job. The
6 Legislature presented the Governor with a budget
7 proposal and he said no.
8 Did he say no about the numbers
9 in that budget? Not from what I can divine -
10 and I say divine because we've all seen a
11 Governor who ran on a program of opening up the
12 process, opening up the budget process, who
13 coined the phrase "three men and a budget," now
14 revert to the most secretive process we've ever
15 seen in this capital. For all his predecessors'
16 faults in this area, he has not only broken the
17 record on time, he has broken the quality record
18 in terms of the secretiveness of this, because
19 in his budget negotiations are programmatic
20 issues that really aren't budget items, and the
21 attempt to link them has delayed this budget to
22 the disadvantage of our localities, of our
23 school districts and will put even more pressure
9250
1 on the local property taxes which we, certainly
2 on this side of the aisle, stand foursquare
3 against shifting any of the responsibilities of
4 the state to the local property taxpayers.
5 But make no mistake about it, Mr.
6 President. We are here on the eve of
7 Independence Day because George Pataki -- who
8 made an on-time budget, who made doing away with
9 three men and a budget in secret, who made an
10 open process the hallmark of his campaign and
11 carried it forward in his first "State of the
12 State" address -- that's why we're here, because
13 he has forgotten what his agenda was for opening
14 up this process and reforming this state
15 government.
16 So, Mr. President, we in the
17 Legislature have been here. We have been
18 working with all of our various responsibili
19 ties. If we have been prevented from dis
20 charging all of them, it is because the process
21 is rotten. The process is secretive and the
22 process excludes in many important respects the
23 people's elected representatives; and if we
9251
1 don't have a budget today, it's because George
2 Pataki didn't know when he had a winner when the
3 two houses presented him with an agreed-upon
4 budget.
5 SENATOR STAFFORD: Mr.
6 President.
7 ACTING PRESIDENT NOZZOLIO:
8 Senator Stafford.
9 SENATOR STAFFORD: Everybody is
10 being so brief here, so I will be very brief.
11 But I was just saying, in negotiations, you do
12 have the Assembly, the Senate and the Governor.
13 That makes three parts. Now, I don't suggest
14 that what was said was gall, but -- but it's
15 three parts, and, Mr. President, I don't want
16 this debate to end without suggesting that there
17 were other areas where suggestions were made and
18 where there were problems in getting together,
19 and that was in the Legislature, and I do have
20 to say I wouldn't be doing my job as everyone is
21 doing their job very well here today if I didn't
22 suggest that it was not in this house, but I do
23 think I should make that point.
9252
1 Thank you.
2 ACTING PRESIDENT NOZZOLIO: Read
3 the last section.
4 THE SECRETARY: Section 38. This
5 act shall take effect immediately.
6 ACTING PRESIDENT NOZZOLIO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 56.
10 ACTING PRESIDENT NOZZOLIO: The
11 bill is passed.
12 SENATOR SKELOS: Mr. President,
13 at this time, if we could call up Calendar
14 Number 1709.
15 ACTING PRESIDENT NOZZOLIO:
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1709, by the Senate Committee on Rules, Senate
19 Print 7916, an act to amend Chapter 905 of the
20 Laws of 1986.
21 SENATOR SKELOS: Mr. President,
22 is there a message of necessity at the desk?
23 ACTING PRESIDENT NOZZOLIO: The
9253
1 message of necessity is at the desk.
2 SENATOR SKELOS: Move to accept
3 the message.
4 ACTING PRESIDENT NOZZOLIO:
5 Motion to accept the message.
6 All in favor, say aye.
7 (Response of "Aye.")
8 All opposed, nay.
9 (There was no response.)
10 The message is accepted.
11 Secretary will read. Read the
12 last section.
13 THE SECRETARY: Section 11. This
14 act shall take effect immediately.
15 ACTING PRESIDENT NOZZOLIO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 56.
19 ACTING PRESIDENT NOZZOLIO: The
20 bill is passed.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 at this time, on Senate Supplemental Calendar
9254
1 No. 2, would you please call up Calendar Number
2 1705.
3 ACTING PRESIDENT NOZZOLIO: 1705,
4 Supplemental Calendar 2. Secretary will read.
5 THE SECRETARY: Calendar Number
6 1705, by the Senate Committee on Rules, Senate
7 Print 7897, an act to amend the Public
8 Authorities Law.
9 ACTING PRESIDENT NOZZOLIO: Home
10 rule message is at the desk.
11 Call the roll.
12 Senator Paterson.
13 SENATOR PATERSON: Mr. President,
14 might we have a brief explanation on that?
15 Senator Leichter had a question or two and he's
16 left the chamber temporarily.
17 ACTING PRESIDENT NOZZOLIO:
18 Explanation is asked for.
19 SENATOR PATERSON: Senator
20 Leichter is back. Very temporarily.
21 ACTING PRESIDENT NOZZOLIO:
22 Senator Hannon.
23 SENATOR HANNON: Yes, Mr.
9255
1 President. This bill establishes a public
2 benefit corporation in Westchester County, we
3 call it the Westchester County Health Care
4 Corporation, and a public benefit corporation in
5 Nassau County to be called the Nassau County
6 Health Care System, both of which are charged
7 with delivering integrated health care.
8 SENATOR LEICHTER: Mr. President.
9 ACTING PRESIDENT NOZZOLIO:
10 Senator Leichter.
11 SENATOR LEICHTER: Yes. Would
12 Senator Kemp Hannon yield, please?
13 ACTING PRESIDENT NOZZOLIO:
14 Senator Hannon, will you yield?
15 SENATOR HANNON: Yes, Mr.
16 President.
17 ACTING PRESIDENT NOZZOLIO:
18 Senator Hannon yields.
19 SENATOR LEICHTER: Senator, I'm
20 always concerned when at the end of the session
21 we see major bills that apparently have been
22 introduced very recently and when there may not
23 have been opportunity by the affected
9256
1 communities to be involved, to be heard, to
2 consider. Certainly, there has been very little
3 opportunity by the members of the Senate to
4 really give consideration to what seems to be a
5 very major change in the law affecting health
6 services in Westchester County and Nassau County
7 in the way local hospitals are going to be
8 operated.
9 But before I get back to the -
10 well, maybe we ought to do that first. Can you
11 tell us -
12 SENATOR HANNON: Mr. President,
13 is there a question that's being directed to
14 me?
15 ACTING PRESIDENT NOZZOLIO:
16 Senator Leichter, is there a question?
17 SENATOR LEICHTER: Indeed there
18 is, Mr. President.
19 Could you tell us, Senator, when
20 this bill first came into being, have there been
21 any hearings held on it, what the purpose of
22 bill is?
23 SENATOR HANNON: Both of these
9257
1 measures are supported, Mr. Leichter -- Senator
2 Leichter, by home rule messages. In order to
3 pass a home rule message, the local government
4 affected must have a public hearing, must have a
5 vote by their local legislative body, have that
6 message signed by their chief executive
7 officer. So each of these are subject to the
8 hearings of their localities.
9 SENATOR LEICHTER: Was this bill
10 considered by the Health Committee, your
11 committee or the committee in which you are
12 chairman?
13 SENATOR HANNON: It was
14 considered by myself and the staff. It was
15 introduced by Rules, put into Rules, and the
16 fact that I am carrying it means that it has our
17 support.
18 SENATOR LEICHTER: But, Senator,
19 you make it sound like, you know, "I am the
20 Health Committee." My question was whether the
21 Health Committee -- not in any way denigrating
22 your very important role in that committee, but
23 you are not the only member of that committee.
9258
1 ACTING PRESIDENT NOZZOLIO:
2 Senator Hannon, do you continue to yield?
3 Senator Hannon continues to
4 yield.
5 SENATOR HANNON: Senator, as you
6 well know from the rules of this house that
7 committees are closed down. When bills are
8 introduced, they are introduced through the
9 Rules Committee. The bill was considered by the
10 Rules Committee and reported to this floor. To
11 the extent that the rules have been complied
12 with, you now have the extent if you have
13 questions on the substance part of this to
14 direct them at me.
15 If you want to direct them in
16 regard to the procedure, I mean I can only tell
17 you that every procedure that is applicable has
18 been followed to the exact detail.
19 SENATOR LEICHTER: Senator, if
20 you would continue to yield then.
21 ACTING PRESIDENT NOZZOLIO:
22 Senator Hannon, do you continue to yield?
23 SENATOR HANNON: Yes.
9259
1 ACTING PRESIDENT NOZZOLIO:
2 Senator Hannon yields.
3 Senator Leichter.
4 SENATOR LEICHTER: Then the
5 answer is it was never considered by the Health
6 Committee as such but was considered by you,
7 your staff and the Rules Committee.
8 SENATOR HANNON: Senator
9 Leichter, if I give an answer, that's my
10 answer. If you want to characterize it -- don't
11 characterize it. Just say it's your opinion
12 that it hasn't. Staff has looked at this. We
13 have consulted with people who are familiar with
14 health care systems. We feel that we have tried
15 to lend the expertise as best possible.
16 SENATOR LEICHTER: Okay.
17 Senator, was any hearing held by any legislative
18 committee, whether yours or in the Assembly on
19 this measure?
20 SENATOR HANNON: As we have not
21 had hearings in regard to many of the other
22 important issues such as the whole hospital
23 reimbursement system, no, it wasn't held on
9260
1 this, either. It's been the subject of
2 considerable articles in each of the
3 localities. It's been subject to considerable
4 scrutiny. Both of the legislative bodies that
5 gave home rule messages, I believe, are
6 bipartisan. People have had ample opportunity
7 to have input on this.
8 To the extent that this meets all
9 of what I would think to be the desired
10 opportunities for people to comment, that has
11 taken place, shaped it. These are not the
12 proposals that came up here originally. They
13 were shaped by different parts of the
14 legislative system for input for better ways to
15 do it, et cetera. I think we have come out with
16 a product that will meet what needs to be met in
17 each of the communities which is that as we move
18 forward into a different system of health care
19 delivery, we find that the municipal framework
20 that they are subject to no longer allows them
21 to have the flexibility to compete, no longer
22 allows them to have the same level playing field
23 that other hospitals that may be just miles way
9261
1 have and, without these changes, they would be
2 literally left in the dust.
3 SENATOR LEICHTER: Mr. President,
4 if Senator Hannon would continue to yield.
5 ACTING PRESIDENT NOZZOLIO:
6 Senator Hannon, do you continue to yield to
7 Senator Leichter?
8 SENATOR LEICHTER: Senator, let's
9 put the process aside. Certainly to my
10 satisfaction, unfortunately, the answer that I
11 elicited from you was that the process was, at
12 best, a very closed one, possibly a hurried one,
13 and certainly not the openness that I would like
14 to see that we consider important pieces of
15 legislation.
16 But let's turn to some of the
17 substance and since the first time I saw the
18 bill was maybe a half hour ago -- it's a bill of
19 some 40 pages -- I can't say that I'm expert on
20 it. In fact, I really have a need to know much
21 more about it, but the one thing that struck me,
22 Senator, and I want to ask you about, why the
23 difference between the way Nassau is treated and
9262
1 the way Westchester is treated and specifically
2 why in Nassau are the members of the board of
3 directors of this new health care corporation
4 appointed by the county executive? In
5 Westchester, I believe eight out of the fifteen
6 members of the board of directors are appointed
7 by the Governor. Why that difference?
8 SENATOR HANNON: Those are the
9 ways the bills came to us as were shaped by the
10 various channels that they went through; namely,
11 for Nassau, that's the way that the county
12 government submitted it to us and this is the
13 way for Westchester that both the county in the
14 process -- they have been heavily involved with
15 Assemblyman Brodsky in the Assembly in regard to
16 shaping this, and I had asked that very same
17 question as regards to, Why do you have a
18 majority of the members of the board in
19 Westchester appointed by the Governor? and the
20 answer to me was, "It was Assemblyman Brodsky
21 insisted upon that"; and in speaking with the
22 folks from the Westchester Hospital, in the
23 course of the conversation -- I didn't bring it
9263
1 up -- they said, "Well, we would love to have
2 the procedure in Westchester that is in the
3 Nassau portion," but that the -- I said, "No, if
4 you have gone through the whole process and Mr.
5 Brodsky wanted it that way, we're not going to
6 interfere with that whole process," and as a
7 result -- when they did do the home rule, that's
8 the way they sent us the home rule. So we have
9 two different entities for -- I don't think
10 there's many other differences -- have picked
11 out just that difference and are supporting
12 that.
13 SENATOR LEICHTER: Mr. President,
14 again through you, if Senator Hannon will
15 continue to yield.
16 Well, Senator, that is why I
17 think the process is so important and that's why
18 I started out on process because if there had
19 been hearings, if the Health Committee had been
20 involved, maybe you wouldn't have found yourself
21 in a situation where I think, very uncharacter
22 istically, as I hear you say it, you sort of had
23 to act as a rubber stamp. Well, Nassau wanted
9264
1 it this way -
2 SENATOR HANNON: Excuse me, Mr.
3 President. I -- first of all, I resent the
4 innuendo of rubber stamp. I resent the innuendo
5 that there has not been a sufficient amount of
6 time. This bill has been in a week. If you
7 haven't looked at your introductions and read
8 the bills as they are introduced -- we have had
9 a sufficient amount of time. I have passed a
10 score of bills on this floor this session within
11 the last two weeks that have gone through the
12 exact same process. Would I have liked to have
13 had more time? I'd like to have more time on
14 all of them, but there are important issues to
15 deal with, and this is one of many of the
16 important issues we have to deal with.
17 The bill is before you. If you
18 would like to talk about the substance, I would
19 be highly desirous to do that here on the floor,
20 in private. No one is withholding anything from
21 you, and so the innuendo that there is something
22 flawed with the process is a highly great one to
23 do if you are in the minority. I was in your
9265
1 shoes exactly for many years, had the position
2 that Senator Paterson has. But it doesn't work,
3 especially when you have someone as feisty as me
4 willing to say it.
5 SENATOR LEICHTER: Mr. President,
6 if Senator Hannon will continue to yield.
7 ACTING PRESIDENT NOZZOLIO:
8 Senator Hannon, do you continue to yield?
9 SENATOR LEICHTER: Senator, let
10 me make it very clear.
11 ACTING PRESIDENT NOZZOLIO:
12 Senator continues to yield.
13 Senator Leichter.
14 SENATOR LEICHTER: Let me make it
15 very clear. There is no innuendo at all. There
16 is a direct, clear, explicit statement that the
17 process is very flawed, and I was just trying to
18 point out that you had somewhat confirmed it by
19 saying, well, Nassau came up with this proposal,
20 Westchester with this proposal and, you know,
21 within a week, and so on, and this is how we
22 accepted it.
23 I want to say I think that is un
9266
1 characteristic of what I know is not only the
2 great intelligence that you bring to your
3 position -- I say that very sincerely -- but
4 your activism and your understanding of the
5 issues.
6 But, Senator, let me continue by
7 asking you this. The fact that the Nassau
8 board, as I understand it, would not be a state
9 board because you don't have any appointments by
10 the Governor, and so on, would that mean that
11 that board, for instance, and that corporation
12 is not subject to the state Ethics Law whereas,
13 in Westchester, because it is a state board, it
14 would be subject to the state's Ethics Law?
15 SENATOR HANNON: The local ethics
16 laws -- well, first of all, the Westchester
17 board would be directly subject to the state law
18 but the Nassau board would be indirectly subject
19 to it, because the locality must pass a local
20 ethics law that is in conformance with the state
21 law. They have done that. It is the same as
22 the state law, so as a practical effect, the
23 disclosure and the rules are the same for both
9267
1 members.
2 SENATOR LEICHTER: Again, if
3 you'll continue to yield.
4 ACTING PRESIDENT NOZZOLIO:
5 Senator Hannon, do you continue to yield?
6 SENATOR HANNON: Yes.
7 ACTING PRESIDENT NOZZOLIO:
8 Senator Leichter.
9 SENATOR LEICHTER: If I
10 understand what you are saying, is that
11 Westchester is automatically subject to the
12 state Ethics Law; Nassau was not, but that the
13 county legislature has passed or incorporated
14 for this purpose or made this corporation
15 subject to the state Ethics Law?
16 SENATOR HANNON: My answer is,
17 based on the best memory that I have, based on
18 the 1987 statute that we passed, that we
19 required local governments to have an Ethics Law
20 that is substantially the same as -- and there's
21 very tight bands around it -- as the state, and
22 the County of Nassau has passed such a law. So,
23 therefore, as a practical effect, they have the
9268
1 exact same provisions. These are, by the way,
2 unpaid boards of directors, members of the board
3 of directors.
4 SENATOR LEICHTER: If you would
5 continue to yield.
6 Unpaid or not, when you carry out
7 an important public function, I know you agree
8 with me that we want people subject to the
9 highest ethical standards.
10 But let me ask you, for the
11 Nassau Health Care Corporation, are there any
12 provisions in there for minority and women
13 business as I believe there are applicable to
14 the Westchester corporation?
15 SENATOR HANNON: I'm not aware of
16 any specific set asides or formulas like that.
17 SENATOR LEICHTER: Let me just
18 ask you, is there a difference between
19 Westchester and the rules that apply to the
20 Westchester corporation and that would apply to
21 the Nassau corporation?
22 SENATOR HANNON: In terms of
23 procurement?
9269
1 SENATOR LEICHTER: My
2 understanding is that the Westchester board, by
3 virtue of the gubernatorial appointment, is
4 subject to provisions of state law whereas
5 Nassau would not be, and one of those would be
6 the laws that we have relating to minority and
7 women business enterprises.
8 SENATOR HANNON: Well, I can see
9 your logic of the question. I'm not so sure I
10 agree with its relevance. We have made Nassau
11 subject to the same procurement statutes as in
12 Westchester. It's certainly subject to many of
13 the public bidding things, but I'm not so sure
14 that in terms of level playing field for its
15 competition with hospitals nearby that I would
16 want that type of provision in there when you
17 are buying syringes and medical equipment and
18 oxygen tanks and things like that, Senator.
19 That's a discussion that I think is not one you
20 would want to really pursue down the road. I
21 mean it just doesn't seem to me to make sense.
22 SENATOR LEICHTER: If you would
23 continue to yield.
9270
1 Really what I'm trying to do,
2 Senator, with your help, is to show to our
3 colleagues and try to understand if there is any
4 rationale or any valid public policy reason for
5 treating Nassau and Westchester differently, and
6 we've pointed out -
7 SENATOR HANNON: What is it -
8 well, look. We put these bills together because
9 we want both to pass. We're talking the policy
10 making decisions of the process from both, and
11 if there are differences, so be it. But they
12 are not -- they do not go to the essence. The
13 essence is to create integrated delivery systems
14 in both counties. That is the essence.
15 To the extent you want these
16 people to operate as if they're a Dormitory
17 Authority or facilities construction authority,
18 I think they have different missions, and the
19 point you raise about minority and women
20 business enterprises, I don't think really are
21 applicable. What does that have to do when you
22 are dealing with medical equipment?
23 SENATOR LEICHTER: Mr. President,
9271
1 again, if Senator Hannon will continue to
2 yield. I think the difference is to try to
3 understand why, again, a health corporation
4 that's being established in Westchester is so
5 radically different from one being established
6 in Nassau, and I don't -- I don't know whether
7 it's an answer, Senator, to say, "Well, they
8 both have the same mission." If they both have
9 the same mission, why don't they have the same
10 terms?
11 Let me ask you about another
12 difference.
13 SENATOR HANNON: Well, then your
14 point is -- first of all, it was -- in your
15 question, you try to summarize up and again
16 mischaracterize my answer by using the phrase
17 "radically different". I would beg to tell you
18 that that's your characterization. That's not
19 mine. I think 99 percent of the terms are
20 exactly the same.
21 The next point is, in terms of
22 getting an answer to this, is that these are
23 both patterned off of the Health and Hospitals
9272
1 Corporation of the city of New York, but they
2 are not the same, mainly because the world of
3 health care changed, and they are not the same
4 also because there are just different
5 geographical things. We don't make all local
6 governments fit into ticky-tacky boxes that are
7 identical, because they are not. They have
8 different needs and different concerns.
9 So we pass a whole panoply of
10 laws that allow for vast differences. These
11 don't happen to be vast differences. They are
12 minor points that the localities wanted, so I
13 don't think that you are going to be successful
14 in trying to establish a point that somehow one
15 or the other should have been the same. We did
16 make them the same for some things such as
17 dealing with labor so that the individual labor
18 unions would not have any objections to these,
19 but there are other points that we allow for
20 variety.
21 SENATOR LEICHTER: Mr. President,
22 through you, if Senator Hannon will yield.
23 ACTING PRESIDENT NOZZOLIO:
9273
1 Senator Hannon, do you continue to yield?
2 SENATOR LEICHTER: If you will
3 continue to yield.
4 SENATOR HANNON: Yes.
5 ACTING PRESIDENT NOZZOLIO:
6 Senator Hannon continues to yield.
7 Senator Leichter.
8 SENATOR LEICHTER: Maybe your
9 definition and mine of "significant differences"
10 -- and even "radical differences," are somewhat
11 at variance with mine. But I would say -- if in
12 one you have a board where the Governor appoints
13 eight of fifteen and in the other one the
14 Governor makes no appointments, I would say
15 that's a pretty big difference.
16 But let me ask you about another
17 difference, Senator. I understand that the
18 Westchester board for the transfer of property
19 that requires the two-thirds vote of the local
20 legislative body, that -- two-thirds of the
21 county board of legislators. I am advised there
22 is no similar provision for Nassau County. Why
23 that difference?
9274
1 SENATOR HANNON: The ordinary
2 model public benefit corporation -- if you can
3 say there's a model, but the general one doesn't
4 have that in. But the board of legislators of
5 the county of Westchester said that they did
6 want that in, so it was included.
7 SENATOR LEICHTER: Well, Senator,
8 if you will continue to yield. I mean shouldn't
9 we try to have uniform laws when we set up these
10 sort of new corporations? They certainly are
11 new, and we appreciate how much is changing in
12 the health care field, and maybe this is the
13 direction to go. But why have these widely
14 differing approaches?
15 I just don't understand it. If
16 you are saying to me that's what the local
17 legislative body wanted, I mean -- again, I
18 don't mean to say you are a rubber stamp. Far
19 from it. But we certainly look at what the
20 localities request of us, and maybe it makes
21 sense, and maybe it doesn't. But why make this
22 difference between Westchester and Nassau? I
23 still don't understand it.
9275
1 SENATOR HANNON: Senator, despite
2 your use of value-laden, politically-charged
3 words, your question really shows an
4 unfamiliarity with what's going on in health
5 care. Some place later on in this session as a
6 stand-alone bill or as part of a health care
7 reform act of 1996 is a successor to the NYPHRM
8 act. I hope to see provisions in there with
9 regard to provider service networks, and one of
10 the things that we have had to hammer out is
11 what type of provider service network are we
12 going to dictate be present, and we found out
13 that there is in the states such a wide variety
14 of different networks, such a wide variety of
15 different combinations that we ought not to lock
16 them in. So that when we're trying to take
17 these two localities, take their hospitals,
18 unfetter them and unshackle them from municipal
19 rules, still keep them within the grounds of
20 regulation by the Insurance Department and the
21 Health Department of this state so they can move
22 forward but do so in a reasonable way, in a way
23 that we can be assured that both the public
9276
1 trust and the public goals will be met, no you
2 don't lock them into some type of straitjacket
3 but you do it within a regulatory framework that
4 can give us as legislators and our constituents
5 as patients the assurance that what is going to
6 take place will be reasonable and good health
7 care.
8 SENATOR LEICHTER: Mr. President,
9 again if Senator Hannon will be good enough to
10 continue to yield.
11 ACTING PRESIDENT NOZZOLIO:
12 Senator Hannon, do you continue to yield?
13 Senator Hannon continues to
14 yield.
15 SENATOR LEICHTER: Senator
16 Hannon, I have no problem with that particular
17 formulation, and I think most members would
18 agree as long as we can understand and see a
19 reason for these differentiations. But unless I
20 have missed it, I don't think you have explained
21 to me what it is about health care in Nassau as
22 distinguished from health care in Westchester
23 which justifies the differences in the
9277
1 approaches of the two corporations we've seen,
2 particularly one which I consider is a very
3 great difference, and that is gubernatorial
4 appointments. Can you tell us what it is about
5 the nature -
6 SENATOR HANNON: The local
7 governments each, respectively, decided that
8 they wanted those items, and I think in their
9 judgment -- we're not to supercede the judgment,
10 the collective judgments of the executive
11 branch, the legislative branch, of those two
12 large sophisticated counties and that, to my
13 mind, after they have had due deliberation of
14 that, is a good enough recommendation.
15 We have made sure that they are
16 within the framework of the state. We have made
17 sure that they are only going to stick within
18 the bounds of this legislation. We have made
19 sure they have to adhere to the Health
20 Department rules. We've made sure they have to
21 adhere to the Insurance Department rules. I
22 think that we should not go farther.
23 To you extensive major
9278
1 differences are simply looked upon to me as
2 reasonable changes and reasonable variations
3 that people can look on and have.
4 SENATOR LEICHTER: Okay. Thank
5 you very much, Senator Hannon, and I appreciate
6 your answering these questions, but I must say I
7 remain unpersuaded about supporting this bill,
8 and I am concerned about process. I think
9 process is very important. I think process has
10 a direct relationship with a work product.
11 I think for bills of this
12 significance, of this importance, to come up
13 this late in the session -- in point of fact,
14 they came to this house after the Majority
15 Leader said we're finished. In fact, you and I
16 -- this may be illusory because, if my memory
17 serves me, we finished on June 18. The Majority
18 Leader summed up the accomplishments of the
19 session; the Minority Leader spoke about the
20 accomplishments of this session.
21 So to come up with a bill that is
22 an extremely important bill -- not only for
23 Nassau and Westchester, it's important for the
9279
1 entire state because of -- as you appreciate
2 probably more so than anybody else -- the
3 interrelationship of what various localities do
4 with what happens statewide and how it serves as
5 a model in the rest of the state. So I'm
6 concerned when I see these major bills come up
7 and, Senator, unlike you, who -- as you
8 indicated, you look at the introductions and
9 read every bill that's introduced at the end of
10 the session. I don't. Maybe I should. I wish
11 I had the time to read them and study it, but I
12 don't know which bill is going to be moved, and
13 so on.
14 The point is that as a body here
15 we don't know what's in a major bill and that
16 disturbs me. At least if I knew that the bill
17 went through the Health Committee, was
18 considered, was aired, was heard, was discussed,
19 that's a safeguard to see that the democratic
20 process works to bring out the best possible
21 legislation. That didn't happen in this case.
22 Then, when I find such
23 differences that I can not understand or explain
9280
1 and it's not sufficient for me to say, "Well,
2 Nassau made this proposal; Westchester made this
3 proposal" -- I mean either we're going to have
4 gubernatorial appointments or we're not going to
5 have gubernatorial appointments. But to have
6 such a -- and I consider it radical -- I use
7 that word intentionally and advisedly -
8 approaches, I think there has got to be some
9 reason and understanding for it.
10 Now, I am told that the Assembly
11 is not going with your bill because they have
12 the same problems that I have. They don't see
13 any reason why Nassau ought to be treated so
14 differently from Westchester County and,
15 frankly, given the histories of the counties and
16 things that happen raises the question whether
17 this is really just a political matter, a
18 political approach that drives this and not any
19 differences in the health care of the two
20 counties which justifies a different approach.
21 I am also told that all the
22 Democrats in the Nassau County Legislature voted
23 against this. I don't know whether it's so or
9281
1 not. It's certainly not determinative of the
2 view that I'm going to take of the bill, but I
3 think it tends to show the political nature that
4 seems to have driven this particular approach
5 for Nassau and how it differs from the approach
6 that we have for Westchester County.
7 I certainly have a lot of unease
8 about these bills, and I think at this time in
9 our legislative session is not the time to pass
10 these sort of bills, not when we can't
11 understand these variations between two
12 counties.
13 ACTING PRESIDENT NOZZOLIO:
14 Senator Paterson.
15 SENATOR PATERSON: Mr. President,
16 if Senator Hannon would yield for just a quick
17 question. Of course, I want to thank the other
18 members of the staff for their patience.
19 Senator Hannon, there seems to be
20 a distinction between the Westchester public
21 benefit corporation and Nassau County with
22 respect to constraints on the transfer of
23 property. Can you explain that for us?
9282
1 SENATOR HANNON: You will have to
2 point out -- Senator Paterson, you will have to
3 point out to me the sections you're referring
4 to.
5 SENATOR PATERSON: Okay. What
6 I'll do is while I'm trying to find that,
7 perhaps I just have this question. Wouldn't it
8 have displayed more foresight to have the public
9 benefit corporations from two different areas,
10 two different counties, to have, as Senator
11 Leichter suggests, been consistent with respect
12 to gubernatorial appointments? And even if
13 there isn't a chance that there will be much of
14 minority or women's business enterprise in the
15 transfer of hospital supplies and perhaps even
16 if there is an ethical system that would mirror
17 the state ethics system, wouldn't it -- at least
18 in terms of the formulation of legislation with
19 respect to events that may occur in the future
20 -- wouldn't it have been more foresighted to
21 have created a kind of scrupulous fairness in
22 drafting of the legislation with respect to that
23 of public benefit corporations that already
9283
1 existed?
2 SENATOR HANNON: No.
3 SENATOR PATERSON: Page 12,
4 Senator Hannon, I think speaks to the
5 Westchester public benefit corporation; page 34
6 is the comparative information for the Nassau
7 County public benefit corporation. There is a
8 two-thirds vote required in the Westchester for
9 the transfer of property, and there's no
10 constraint in the Nassau County version.
11 SENATOR HANNON: It's what each
12 of the local governments wanted.
13 SENATOR PATERSON: But that's my
14 point. As a state and in a situation where
15 there could be ramifications that would have far
16 greater results or harm depending on whether or
17 not there is a constraint on the transfer of
18 property, I would just wonder why as a state we
19 would be granting the status of public benefit
20 corporation with such a divergence of
21 ramifications?
22 SENATOR HANNON: Senator
23 Paterson, I think you and Senator Leichter have
9284
1 the advantage of coming from the great city of
2 New York but also the disadvantage of not
3 understanding the county government laws of this
4 state.
5 Westchester, Nassau, along with
6 Suffolk are the three counties in this state
7 that have very peculiar charters. They were
8 charters passed by this Legislature, put to
9 referendum of each of the counties, approved,
10 respectively, separately by each of the voters.
11 So we have created in essence by state statute
12 their charters.
13 We have recognized vast
14 differences in terms of power, vast differences
15 in terms of how they procure things, vast
16 differences how they go about organizing, having
17 a vote, who gets to which board. We have set
18 those down in 1930 and 1940, so that for over 50
19 years we have recognized vast changes.
20 These little things here are now
21 coming out of those local bodies. I view them
22 in total harmony with the types of differences
23 that we have already recognized and many times,
9285
1 by amendments to those respective charters,
2 ratified. To the extent that there is any
3 difference, I think that they are totally
4 understandable. We do, after all, go for home
5 rule. We do, after all, face charges from your
6 side of the aisle if we are interfering in the
7 home rule powers in one of the counties.
8 What we're trying to do here is
9 simply say to people when you have made that
10 determination and it is a reasonable
11 determination, we will go along with that.
12 SENATOR PATERSON: Thank you,
13 Senator.
14 If the Senator will continue to
15 yield for just one last question.
16 ACTING PRESIDENT NOZZOLIO:
17 Senator Hannon, do you continue to yield?
18 SENATOR HANNON: With the promise
19 that it's the last question.
20 ACTING PRESIDENT NOZZOLIO: The
21 last question, Senator Paterson?
22 SENATOR PATERSON: This is the
23 last question.
9286
1 ACTING PRESIDENT NOZZOLIO: This
2 will be the last answer.
3 Senator Hannon.
4 SENATOR PATERSON: Senator, with
5 respect to constraints on the transfer of
6 property, I would say that you could probably
7 convince me and, as a matter of fact, since you
8 can't have two deputy minority leaders from the
9 same district, that's one of the reasons I moved
10 out because, like Senator Leichter, I have the
11 advantage of being from the great city of New
12 York but, like yourself, I have the advantage of
13 having grown up in Long Island, so I do know a
14 little bit about the Nassau, Suffolk and
15 Westchester County local governments, and I can
16 understand that.
17 But on the issue of minority and
18 women business enterprise and state ethics
19 standards, I would tend to think that they would
20 be more universal and that we would not want to
21 delegate to the local governments the option of
22 adhering or not adhering, even if we don't know
23 the relevant criteria, for fear that some event
9287
1 in the future will come up, and we as a state
2 are not protected because we did not write this
3 into our legislation, and it looks a little
4 inconsistent when you come to those more
5 principled areas.
6 When it relates to the type of
7 situation that you just described in your last
8 answer, I accept it where it comes to the
9 transfer of property. But on certain issues
10 that have plagued individuals in the state for
11 long periods of time or other issues such as
12 ethics, which really should be the standard
13 equally in all jurisdictions, I don't know that
14 I do agree, and so I just wanted you to explain
15 to me how the issues of ethics and of trying to
16 establish equality in business opportunity would
17 be the same as the transfer of property which
18 you just described?
19 And that is my last question and
20 with that, I also wish you, Senator, a happy
21 Independence Day.
22 SENATOR HANNON: We have
23 subjected everybody in Nassau to the Public
9288
1 Officers Law for all purposes and make them
2 public officers and employees for all purposes.
3 Page 30, that subjects them to the Ethics Laws.
4 That subjects them to the exact same provisions
5 in actuality that the people in Westchester get
6 subjected to, and I don't see that there is any
7 difference.
8 SENATOR PATERSON: Thank you,
9 Senator.
10 ACTING PRESIDENT NOZZOLIO: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT NOZZOLIO: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 56.
18 ACTING PRESIDENT NOZZOLIO: The
19 bill is passed.
20 Senator Skelos.
21 SENATOR SKELOS: Is there any
22 housekeeping at the desk?
23 ACTING PRESIDENT NOZZOLIO:
9289
1 Senator Leichter.
2 SENATOR LEICHTER: May I have
3 unanimous consent to be recorded in the negative
4 on Calendar 1705, please.
5 ACTING PRESIDENT NOZZOLIO:
6 Without objection.
7 Senator Skelos, there appears to
8 be no housekeeping.
9 SENATOR SKELOS: Mr. President,
10 there being no further business, I move we
11 adjourn subject to the call of the Majority
12 Leader, intervening days to be legislative days.
13 ACTING PRESIDENT NOZZOLIO:
14 Senate stands adjourned.
15 (Whereupon, at 4:03 p.m., the
16 Senate adjourned.)
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