Regular Session - May 6, 1997
3197
1
2
3
4
5
6
7
8 ALBANY, NEW YORK
9 May 6, 1997
10 3:06 p.m.
11
12
13 REGULAR SESSION
14
15
16
17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEPHEN F. SLOAN, Secretary
19
20
21
22
23
24
25
3198
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. Would you please rise and join
4 with me in the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 The invocation today will be
8 given by Bishop Muriel Grant of the Mt. Olivet
9 Discipleship in Christ from Brooklyn, New York.
10 Bishop Grant.
11 BISHOP MURIEL GRANT: Let us
12 pray. May the infinite power of the Almighty
13 God abide with us now. Bless our land, O God.
14 Give us abundance of increase from labor and/or
15 produce. So rule the hearts of Thy servants,
16 the President of these United States, the
17 governors of states and all others in authority,
18 in so doing to affirm our covenant with You as
19 it was so given at the inception of the Republic
20 for which it stands. May we be so strengthened
21 in Your mind as one nation under God, for in
22 quietness and confidence shall be Your
23 strength.
24 And now, most gracious God, I
25 humbly beseech Thee as for the people of these
3199
1 United States in general but so especially for
2 this Senate here assembled, Republicans and
3 Democrats, bless, O Lord, this, their counseling
4 session. Heal their infirmities. Direct and
5 prosper all Senate consultations, giving them
6 wisdom of laws needed for effective leadership
7 in their advancement of Thy glory, the good of
8 Thy church, the safety, honor and welfare of Thy
9 people, that things ordered and settled by the
10 endeavor of this Senate will rest upon the best
11 and surest foundation, that peace, happiness,
12 truth, justice, religion and piety may be
13 established amongst us for all generations, this
14 being truly indivisible as a nation.
15 These and other necessities for
16 them, for us, the whole church, I humbly beg in
17 the name of Jesus Christ, my most blessed savior
18 and Lord. By the power of God vested in me, the
19 blessings of God, the Father, the Son, the Holy
20 Ghost rest and remain with you now and forever.
21 Amen.
22 THE PRESIDENT: Amen.
23 The reading of the Journal,
24 please.
25 THE SECRETARY: In Senate,
3200
1 Monday, May 5th. The Senate met pursuant to
2 adjournment. The prayer by Rabbi Sholom Stern,
3 Temple Beth-El, Cedarhurst, New York. The
4 Journal of Friday, May 2nd, was read and
5 approved. On motion, the Senate adjourned.
6 ACTING PRESIDENT KUHL: Hearing
7 no objection, the Journal stands approved as
8 read.
9 Presentation of petitions.
10 Messages from the Assembly.
11 Messages from the Governor.
12 Reports of standing committees.
13 The Secretary will read the
14 report of the Finance Committee.
15 THE SECRETARY: Senator Stafford,
16 from the Committee on Finance, offers the
17 following nomination:
18 Member of the New York State
19 Racing and Wagering Board: Michael J. Hoblock,
20 Jr., of Loudonville.
21 ACTING PRESIDENT KUHL: The Chair
22 recognizes Senator Stafford, on the nomination.
23 SENATOR STAFFORD: Mr. President,
24 I'm sure a number of Senator Hob... once a
25 Senator, always a Senator -- Senator Hoblock's
3201
1 colleagues will want to say some very supportive
2 things for a very dedicated public servant.
3 We make a lot of friends in
4 government, Mr. President. Mike Hoblock is
5 always a gentleman. He's always a tireless
6 worker and he's always a dedicated public
7 servant. He served well. He served in the
8 Assembly. He was out of the Assembly for
9 awhile. He had the good judgment -- yeah, good
10 judgment to come back to the Legislature and
11 serve in the Senate. Mike Hoblock always has
12 had time for everyone, everyone.
13 Mr. President, he didn't serve by
14 press release. He didn't serve by looking
15 busy. He's always been busy at anything that he
16 does, whether he's practicing law, whether he's
17 in the Assembly, whether he's in the Senate and
18 he had, as I say, time for everybody.
19 Mike Hoblock made this Senate a
20 better place. He made the Assembly a better
21 place. Serving as County Executive in Albany,
22 and when you're County Executive, the buck stops
23 there and, again, he served with distinction,
24 and from 1985 to 1991, he served on the Colonie
25 Town Board, again with distinction, always
3202
1 having time for everyone and, Mr. President,
2 different than some of us -- and I'm including
3 myself -- always a gentleman, always a
4 gentleman.
5 The Governor certainly is to be
6 complimented to appoint Mike Hoblock as Chairman
7 of the Racing and Wagering Board, a very
8 sensitive position, a position where we need
9 someone who has the ability to handle very
10 sensitive issues and we know he will. He will
11 do it in fairness. He'll do it with distinction
12 and he'll do it with a sense of decency.
13 So, Mr. President, it is my
14 pleasure, together with many others here today,
15 who will have, I'm sure, many things to say here
16 and what I say deserves little more than a
17 footnote.
18 Again, I say it's a pleasure to
19 move his confirmation. I apologize to the
20 Leader. I was called upon and my name was
21 called. I didn't realize you were still here or
22 I would not have spoken first but I just say,
23 again, we're all very, very pleased to add this
24 fine appointment before us and I might say that
25 he passed the Senate Finance Committee and I
3203
1 believe also the -- Senator Larkin's committee
2 today with flying colors.
3 We're honored to have him before
4 us and this state has been a better place
5 because of Mike Hoblock and the state will
6 consider -- continue to be a better place
7 because of Mike Hoblock serving in this very,
8 very sensitive and important position and,
9 again, Mr. President, it is a pleasure for me to
10 join my colleagues in this confirmation.
11 ACTING PRESIDENT KUHL: The Chair
12 recognizes Senator Bruno, on the nomination.
13 SENATOR BRUNO: Thank you very
14 much, Mr. President and Senator Stafford,
15 colleagues.
16 Senator Stafford certainly said
17 the appropriate things and thank you for that.
18 I just want to add my voice to Mike, Karen, to
19 his family, in that Mike has been what all of us
20 can look to as an individual who is committed,
21 dedicated to public service in all of his
22 offices, really, I think culminating his skills
23 in elected office right here in the Senate.
24 The Governor is to be commended
25 because this position, chairing the Racing and
3204
1 Wagering Commission is critically important,
2 especially now over these next several years, to
3 all of the people in this state and we need
4 someone like Mike, with his legislative
5 experience, his executive experience, his
6 experience in business, experience in dealing
7 with very complicated and complex issues.
8 On the racing side alone, we have
9 some huge decisions that will affect thousands
10 of people and literally hundreds of millions of
11 dollars as relates to the people of this state.
12 Gambling, charitable, casinos, a
13 subject that's very, very sensitive, very
14 involved, dealing with Native Americans, takes a
15 person of Mike Hoblock's stature and commitment
16 to deal and cope with issues like this.
17 So I'm very comfortable being
18 here supporting Mike Hoblock, and I look forward
19 to his expanded service on behalf of all of the
20 people of this state, for all the good things
21 that he will do to enhance the quality of life
22 in this position for all of us.
23 Thank you, Mr. President.
24 ACTING PRESIDENT KUHL: The Chair
25 recognizes Senator Larkin, on the nomination.
3205
1 SENATOR LARKIN: Thank you, Mr.
2 President.
3 It's pretty hard to follow the
4 Majority Leader and the Chairman of the Finance
5 Committee, but I guess I can go back to my days
6 joining the Assembly with Mike Hoblock when we
7 came in in the '70s.
8 I've always found Mike Hoblock to
9 be a person who knew how to negotiate and knew
10 how to take up the concerns of somebody else and
11 carry them forward to a successful conclusion
12 for what the goals were.
13 Michael's whole career -- most of
14 us will look around here at his career in public
15 service, but some of us will also look beyond
16 that to look at his career in the Armed Forces.
17 Michael's tours in Vietnam were as an infantry
18 officer in the Marine Corps and as a Judge
19 Advocate. He'd come back home and did things
20 that are community service and everything he did
21 was to promote something good for the people.
22 The Governor's appointment of
23 Mike Hoblock will be very significant for us not
24 only in this chamber but in the other house
25 because he has worked at both houses and so he
3206
1 knows the members. He knows the trials and
2 tribulations that we go through. He knows that
3 there are certain things that must be done and
4 he'll be a worker and a partner with us.
5 As the Senate Majority Leader
6 said, Michael is coming in at a time when
7 there's tremendous changes in racing and
8 wagering. Years ago we never thought about the
9 Internet. Last week in talking with Mike, we
10 went over the problems that are there and what
11 are facing us and his quick willingness was to
12 say, "Well, you know, as soon as I get my feet
13 under my desk for a day, I would like to come
14 down and work together with both committees in
15 both houses and to talk about how we address the
16 issues as a group, not as a single person, not
17 as how I see things that will be done." That
18 characterizes Mike Hoblock, how he has always
19 operated. He has operated to work as a team and
20 to be something that we can all be proud of.
21 When we look at the issues that
22 we started in January with casinos -- we look at
23 riverboats, we look at every aspect of gambling
24 -- this will be all laid at Mike's table and we
25 sure are proud that Mike Hoblock will be leading
3207
1 it and helping us to do the job that's important
2 for all of us.
3 I congratulate you, Mike. I
4 wouldn't want your heartache.
5 ACTING PRESIDENT KUHL: Senator
6 Farley, on the nomination.
7 SENATOR FARLEY: Thank you, Mr.
8 President.
9 I rise to support this nomination
10 and congratulate the Governor on this
11 outstanding selection.
12 You know, racing and wagering
13 requires a person of stature, of impeccable
14 integrity. You know, Mike Hoblock, Senator
15 Hoblock, has served in almost every level of
16 government, town government, county government,
17 the Assembly, the Senate, and all through those
18 years there hasn't been a scintilla of
19 reflection on his character. He's a man of
20 honor, a Bronze Star winner.
21 You know, Mike, as a Capital
22 District Senator, we served together, you and I
23 and Senator Bruno and I'll tell you, the job
24 that you did for Albany County and for this
25 district was remarkable and I'll tell you, in my
3208
1 judgment, they made a dreadful mistake by not
2 returning you because you were one of the finest
3 Senators that ever served here.
4 Let me just say this. I wish you
5 and your lovely wife a wonderful job -- a
6 wonderful career, and I know that I asked you in
7 the Racing and Wagering Committee whether you
8 got her permission for this job and you assured
9 me that you did, but we wish you well. We're
10 very, very proud of you and it's with enthusiasm
11 that I support your nomination.
12 ACTING PRESIDENT KUHL: Senator
13 Libous, on the nomination.
14 SENATOR LIBOUS: Thank you, Mr.
15 President.
16 I too want to rise and speak on
17 the nomination and follow what Senator Bruno and
18 my colleagues have said.
19 Mike Hoblock, who I had the
20 pleasure of serving with and actually got to
21 know a little bit when he was county executive,
22 Mr. President, I am thrilled that the Governor
23 made this decision. You heard a lot of things
24 about Mike and you will hear more before this
25 session is over, but I think the one thing that
3209
1 I can say is that Mike has always treated me
2 with respect and he's a gentleman, a gentleman
3 in dealing with a number of different
4 constituencies. When he served as county
5 executive and spoke to those of us who were in
6 the Legislature during times when we didn't
7 always pass the right piece of legislation that
8 gave counties the added assistance that they
9 needed -- maybe sometimes we put an additional
10 burden on the counties -- Mike would come in,
11 present a very positive case to us; even though
12 he was upset because he had a responsibility to
13 the people he represented, he would still treat
14 us as gentlemen. He would lay out the case and
15 kind of smile and walk out the door.
16 Mr. President, I just want to
17 again applaud the Governor. I think Mike
18 Hoblock will be a tremendous addition and will
19 serve as a fine chairman.
20 ACTING PRESIDENT KUHL: Senator
21 Breslin, on the nomination.
22 SENATOR BRESLIN: Thank you, Mr.
23 President.
24 I rise not as a Democrat but as
25 someone who has known Mike Hoblock for 25
3210
1 years. Mike and I are the same age and have
2 practiced law in this community as friends.
3 Mike Hoblock has been a dedicated
4 public servant for in excess of 20 years, and I
5 think the Governor has made a very wise choice,
6 and I know he will continue to serve the people
7 of New York State as he has in the past, and I
8 share with Mike and his wife Karen and his
9 entire family in applauding the decision.
10 Thank you.
11 ACTING PRESIDENT KUHL: Senator
12 DeFrancisco, on the nomination.
13 SENATOR DeFRANCISCO: I want to
14 also rise and congratulate the Governor. You
15 know, you meet a lot of people in this business,
16 some people who really leave an impression with
17 you, people of outstanding character and
18 integrity and that's why I rise on behalf of
19 this nomination. I think that there's no finer
20 man that I've met in public service than the man
21 who's being nominated for this position.
22 Mike, you're a credit to everyone
23 that has touched -- that you have touched over
24 these years. You are a credit to this state and
25 you're going to be a great credit to the board
3211
1 that you're just going on presently. It's a
2 board which needs someone of unquestioned
3 integrity and of the highest character and the
4 Governor has appointed just the right person for
5 that job.
6 Congratulations and best of
7 everything to you.
8 ACTING PRESIDENT KUHL: Senator
9 Nozzolio, on the nomination.
10 SENATOR NOZZOLIO: Thank you, Mr.
11 President.
12 My colleagues, it has been an
13 honor for me to serve in this great legislative
14 body and in the great legislative body, the
15 Assembly, but for ten years in the Assembly and
16 two years here, that honor was magnified by
17 having the opportunity to stand with, be a
18 member of the same Conference as this nominee,
19 Mike Hoblock.
20 There's an echo going around the
21 chamber this afternoon, an echo that talks about
22 integrity. It talks about leadership. It talks
23 about a man of action. Well, I want to add to
24 that echo because it should resound throughout
25 this chamber that what Governor Pataki has put
3212
1 before us in the nomination of Mike Hoblock is a
2 vote that each and every one of us could look
3 back on at the end of our careers and say that
4 was one of the proudest nominations that we ever
5 endorsed.
6 Senator Bruno said that the times
7 require a person to be Chairman of the Racing
8 and Wagering Board, to be a person of great
9 integrity and one of action, one who understands
10 issues and can work with all areas of
11 government, all areas of the private sector and
12 work out solutions to the number -- the numerous
13 problems which come before this industry, an
14 industry that as I can emphatically say is at a
15 crossroads and there's no one better to deal
16 with its problems and present solutions and work
17 to build coalitions than Mike Hoblock.
18 Mike, it has been an honor to
19 serve with you in the Legislature and I am just
20 very grateful to the Governor for this
21 nomination and grateful to you for giving up
22 what you have had to give up in the private
23 sector to be part of this government. Thank you
24 very, very much.
25 My colleagues, I certainly
3213
1 endorse wholeheartedly the nomination of Mike
2 Hoblock.
3 ACTING PRESIDENT KUHL: Senator
4 Waldon, on the nomination.
5 SENATOR WALDON: Thank you very
6 much, Mr. President, my colleagues.
7 Rarely have I had the sense of
8 good feeling internally about someone that we
9 were going to support in terms of the Governor's
10 recommendation than I have today and my feelings
11 towards Mike Hoblock go way beyond professional
12 recognition of how skilled he is.
13 One, when I was in the police
14 department in the city of New York, I learned to
15 admire and respect those from the Corps who, for
16 the most part when I ran the Academy were the
17 guys who were in charge of the various squads
18 that I had to supervise; two, I watched the way
19 he handled himself when we were both in the
20 Assembly and here in the Senate, always with
21 great dignity, always with great poise, always
22 with a bright and incisive mind.
23 I like him on a personal level
24 for a whole host of reasons. He's affable.
25 He's warm. He's straightforward. He's always
3214
1 dealt with me arm's length and in an honest
2 fashion, and so I think that this is one of our
3 proudest moments, to see someone who came up
4 from the Assembly, to be an executive at the
5 county level, to come back into the legislative
6 process here in the Senate and then after a very
7 difficult, I'm sure, experience in his last
8 campaign, to come back to serve the people of
9 the state of New York, and so I am awfully proud
10 today to be able to say that I was one of those
11 who seconded the nomination of a great person
12 from New York State who will do, in my opinion,
13 an exemplary job as our new commissioner/
14 director of racing for the state of New York,
15 the Honorable Michael Hoblock, a Marine, a real
16 man.
17 ACTING PRESIDENT KUHL: Senator
18 Connor, on the nomination.
19 SENATOR CONNOR: Thank you, Mr.
20 President.
21 Let me say on my behalf
22 personally, and I know I speak for my Democratic
23 colleagues who may not be available to speak
24 today, that we are delighted to support this
25 nomination, having served with Mike Hoblock,
3215
1 some of us, for a number of years in the
2 Legislature when he was in the other house and
3 when he was a colleague here, that we certainly
4 all learned to respect Mike Hoblock.
5 We respected his integrity, his
6 honesty, his hard work, his straightforward
7 demeanor and his -- you know, when we stress all
8 these virtues, we sometimes leave out that
9 someone is without humor and I know Mike is
10 quite the contrary. He's someone who is also an
11 enjoyable companion for conversation and good
12 humor. I'm certainly happy to support his
13 nomination. I'm confident he'll do a good job
14 at Racing and Wagering.
15 Mike, if I can, you know the
16 vicissitudes of partisan politics, no one worked
17 harder than I did -- well, with one exception -
18 to get you this higher paying job. We wish you
19 well in your future endeavors and we certainly
20 know you will do a fine job.
21 ACTING PRESIDENT KUHL: Senator
22 Maziarz, on the nomination.
23 SENATOR MAZIARZ: Thank you, Mr.
24 President.
25 Mr. President, when I was first
3216
1 elected in a special election back in March of
2 1995 -- it seems so long ago -- one of the many
3 people in this chamber who, I think, really went
4 out of his way to make me feel welcome and to
5 help me out during the hectic days of that first
6 couple of months in the Legislature -- and I was
7 elected on a Tuesday and took office on a
8 Thursday -- was Mike Hoblock, and I just want to
9 join in seconding this nomination, Mike, and
10 congratulate you and your family. I know you're
11 going to do a tremendous job.
12 I want to be among the first of
13 my colleagues from Western New York to invite
14 you to come out to Western New York, Mike, and
15 meet with some of the volunteer fire companies
16 and some of the bingo organizations to talk
17 about the new bell jar legislation.
18 So thank you.
19 (Laughter)
20 ACTING PRESIDENT KUHL: Senator
21 Tully, on the nomination.
22 SENATOR TULLY: Thank you, Mr.
23 President.
24 Mike, you know that all your
25 colleagues miss you and we couldn't be happier
3217
1 that you're getting this assignment.
2 I think you know that I'm opposed
3 to gambling and wagering and you won't be
4 getting any legislation or have to look at any
5 legislation that I propose in that area, but I
6 know for the people that I represent, that we
7 can sleep comfortably at night knowing that
8 someone of the great wisdom and intellect that
9 you have and all of the things that have been
10 said about you by my colleagues, primarily the
11 fact that they can trust you and the people can
12 trust you, I think my people can go to sleep and
13 feel safely that someone like you is there and I
14 wish you good luck and Godspeed.
15 ACTING PRESIDENT KUHL: Senator
16 Gold, on the nomination.
17 SENATOR GOLD: Mr. President, I
18 will be very brief, and I didn't really want to
19 have to break into this but aside from the fact
20 that we are confirming Senator Hoblock in this
21 job, we are also showing some students from
22 Queens County that all that happens in the
23 Legislature is not necessarily adversarial and
24 that there is respect that goes from one side of
25 the aisle to the other and we have today 30
3218
1 students from Queens who were brought here from
2 the Queens County Bar Association, led by Judge
3 Peter O'Donoghue and by Judge Daniel Lewis and
4 president of the Bar Association, Stephen Singer
5 and the executive director, Arthur Terranova and
6 I am glad they are in Albany and we do do bills
7 at some point, but this process is one by which
8 the Governor proposes and we have the right to
9 confirm and what you're seeing is the Minority
10 Leader of the Senate, a Democrat, getting up and
11 Senator Waldon, a Democrat, getting up and
12 saying things which ought to be said about a
13 former Republican colleague who is nominated by
14 the Governor, and once we get away from some of
15 the issues which can make some of us
16 cantankerous -- certainly not me -- we -- or
17 Senator Stafford -- we do try to respect the
18 human being past some of the political ideas and
19 if we can only break people like Mike Hoblock
20 away from their political philosophies, we find
21 a gentleman and a very decent guy, and I think
22 that he will do a fine job in his new position
23 and I hope he's there for a long, healthy period
24 of time and that it brings joy and good things
25 for him and his family.
3219
1 ACTING PRESIDENT KUHL: Senator
2 Meier, on the nomination.
3 SENATOR MEIER: Thank you, Mr.
4 President.
5 I did not have the privilege of
6 serving in this body with Mike Hoblock, but I
7 did have the honor of calling him my colleague
8 as a fellow county executive and during that
9 time, Mike Hoblock set the standard. He set the
10 standard for high personal integrity. He set
11 the standard for working hard and he set the
12 standard for being a tough-minded administrator,
13 and I think all of that shows you why the
14 Governor has nominated him for this position and
15 why everyone in this body, I think, is so proud
16 to support that nomination.
17 So as a former county executive
18 myself, Mike, it's nice to see a kid from the
19 old neighborhood doing well. God bless!
20 ACTING PRESIDENT KUHL: Senator
21 Seward, on the nomination.
22 SENATOR SEWARD: Thank you, Mr.
23 President.
24 One of the real pleasures of
25 serving in this Legislature and in this Senate,
3220
1 in particular, is getting to know both
2 personally and professionally my colleagues and
3 high on my list always will be Mike Hoblock as a
4 colleague and as a friend.
5 It's already been said so well by
6 so many of the members here today. Mike Hoblock
7 is a man of integrity, a man of intelligence,
8 conscientious, hard working, a true leader, a
9 tough administrator. The bottom line is Mike
10 Hoblock epitomizes what is best in public
11 service and by bringing all of these attributes
12 and qualities to the Racing and Wagering Board,
13 there's no question in my mind that the racing
14 industry will be better because of Mike
15 Hoblock's leadership. All the other entities
16 that come under the Racing and Wagering Board
17 will be better because of Mike Hoblock's
18 leadership and the people of this state will be
19 better because of his leadership and activity on
20 that board.
21 So, Mike, I simply rise to
22 congratulate Governor Pataki on an outstanding
23 choice, to congratulate you and Karen and the
24 rest of your family. We wish you all the best,
25 and Godspeed.
3221
1 ACTING PRESIDENT KUHL: Senator
2 Leibell, on the nomination.
3 SENATOR LEIBELL: Mr. President,
4 I'm one of a number of people in this chamber
5 who had the good fortune to serve with Mike
6 Hoblock not only in this chamber, in the Senate
7 but also in the other house, in the Assembly,
8 and over the course of years, I can tell you
9 I've built up a great deal of respect, respect
10 for Mike Hoblock as an innovative legislator, as
11 a man of great integrity and also as an
12 individual with great energy.
13 Mike, I know you're going to have
14 a very successful career. I congratulate our
15 colleague and our friend, George Pataki, the
16 Governor, for sending us a man of your stature
17 to fill this very important position.
18 Godspeed, Mike.
19 ACTING PRESIDENT KUHL: Senator
20 Maltese, on the nomination.
21 SENATOR MALTESE: I rise together
22 with my colleagues to commend the Governor on
23 this fine appointment.
24 A position of this sort requires
25 the utmost in integrity and dedication as has
3222
1 been indicated here, experience. Certainly if
2 one were to search through the credentials or
3 resumes of prospective applicants throughout the
4 state and beyond the state, they would find no
5 person more qualified than Mike Hoblock, as has
6 been indicated especially by Ray Meier who has a
7 unique vantage point as a former county
8 executive and as a Senator to realize the
9 potential and the experience and the depth of
10 experience, depth and breadth of experience of
11 Mike Hoblock. This is a position that cries out
12 for the type of dedication, experience and
13 background that Mike Hoblock has.
14 I too commend the Governor and
15 congratulate Mike and his family and wish them
16 Godspeed.
17 ACTING PRESIDENT KUHL: Senator
18 Alesi, on the nomination.
19 SENATOR ALESI: Thank you, Mr.
20 President.
21 As a relatively new member of
22 this Senate, I remember my first few days coming
23 here and knowing some of the people and not
24 knowing some. As I stand here, I look up at
25 Mike Hoblock. That's an easy thing for me to
3223
1 do, not just here today presently looking up at
2 you, Mike, but throughout the last year and a
3 half that I have had the honor and privilege of
4 serving here in the Senate.
5 Senators, as I arrived the first
6 day in Conference, I had a hard time finding a
7 seat, and it was Mike Hoblock that actually
8 offered me his seat before the Leader let me for
9 one day go over and sit next to him and I
10 remember that, Mike. That's the kind of
11 gentleman he is, the kind of Senator he is.
12 It's the kind of person he is, and I watched
13 throughout the last several months before Mike
14 went on to now bigger and better things. You
15 are the benchmark for me, Mike, and I applaud
16 the Governor's selection and I'm sure that
17 you'll do an exceptional job in your new
18 endeavors just as you did in your previous
19 endeavors, and it's a pleasure and a privilege
20 to see you moving on.
21 ACTING PRESIDENT KUHL: Senator
22 Lachman, on the nomination.
23 SENATOR LACHMAN: Yes. I also
24 wanted to rise at this point to commend the
25 Governor on the appointment of Senator Hoblock
3224
1 to this important position.
2 I think the civility and the
3 basic decency and intelligence that Senator
4 Hoblock exhibited in his many years of public
5 service not only continue but today serves as a
6 prototype for the men and women of this chamber
7 into the future because we have many, many
8 difficult political issues that have not been
9 resolved as yet, and I think the basic civility
10 and decency of the remarks of Democrats and
11 Republicans in your honor, Senator, can be a
12 reflection of how we unravel some of the
13 political problems that face us in the future.
14 ACTING PRESIDENT KUHL: Senator
15 Holland, on the nomination.
16 SENATOR HOLLAND: Mr. President,
17 I did not have an opportunity to work with
18 Michael when he was in the Assembly but as
19 Chairman of the Social Services Committee, I did
20 have an opportunity to work with him when he was
21 county executive and certainly had an
22 opportunity when he was here in the Senate.
23 He's a very competent, capable
24 young man. I know he will do an excellent job
25 in his new job, and I want to congratulate
3225
1 another former Marine, and it was nice to see
2 Larkin choke when he said that about you,
3 Michael.
4 Good luck.
5 ACTING PRESIDENT KUHL: Is there
6 any other Senator wishing to speak on the
7 nomination?
8 Senator Johnson.
9 SENATOR JOHNSON: Yes. Mr.
10 President, I certainly would like to add my
11 words of commendation to the Governor for
12 sending us this nomination. Mike Hoblock is an
13 exceptional person and before Joe Holland got
14 up, I wanted to say semper fi' to Mike; you're a
15 great guy. I wish you the best of luck.
16 ACTING PRESIDENT KUHL: Senator
17 Levy, on the nomination.
18 SENATOR LEVY: Thank you very
19 much, Mr. President.
20 I'm delighted to rise with my
21 other colleagues on both sides of the aisle and
22 congratulate Mike Hoblock, who is a great
23 Senator. He's going to just be the greatest
24 chair of this organization that you're going to
25 head. We miss you. We wish you well and the
3226
1 Governor is to be congratulated on just an
2 extraordinary appointment.
3 Thank you very much, Mr.
4 President.
5 ACTING PRESIDENT KUHL: Senator
6 Stachowski, on the nomination.
7 SENATOR STACHOWSKI: I too would
8 like to rise and congratulate the Governor on
9 the selection of Mike Hoblock. I think that
10 with all the racing questions that are coming
11 up, the fairer treatment for horsemen by the
12 OTBs, better treatment for the tracks by OTBs
13 and some of the other gambling issues, I think
14 that Mike will be the kind of guy that will be
15 open and we will be able to talk to with our
16 concerns, as well as the concerns of
17 constituents, and I would like to say that
18 although I didn't serve in the Assembly with
19 Mike Hoblock, when Mike Hoblock was in the
20 Assembly, he and I were two of the few guys that
21 used the gym when nobody else wanted to go into
22 it when all that fancy equipment wasn't in
23 there, if you want to call what we have fancy.
24 So we have a different kind of relationship, and
25 I would just like to congratulate the Governor
3227
1 and say that I think Mike will make a great
2 commissioner.
3 ACTING PRESIDENT KUHL: Senator
4 Onorato, on the nomination.
5 SENATOR ONORATO: Mr. President,
6 I rise to join my colleagues in congratulating
7 the Governor on a wonderful selection. I served
8 with Mike Hoblock on the Veterans Committee and
9 I can assure you, Senator Hoblock knows exactly
10 where the finish line is, and I'm going to send
11 him the latest book that I just finished
12 writing, "How to Limit Your Losses at the
13 Track."
14 Congratulations, Mike, and good
15 luck to you.
16 (Laughter)
17 ACTING PRESIDENT KUHL: Is there
18 any other Senator wishing to speak on the
19 nomination?
20 Senator Marchi.
21 SENATOR MARCHI: I just can
22 imagine how Mike Hoblock is reacting to all of
23 this. Here on a bipartisan basis with genuine
24 empathy, they're all professing the
25 consideration they want extended to you while
3228
1 you are here with us in this chamber, and that
2 even included your old opponent, Senator
3 Breslin. So that really it's a universal voice
4 in this setting.
5 Does he have the honor? Does he
6 have the expertise? Does he have the capability
7 of handling a situation? Well, he's proven that
8 time and time again.
9 One day I was asked to go before
10 a women's group up in Albany. They were having
11 a national conference and you, Senator, were -
12 had legitimate reasons for not being there. You
13 had some circumstances that had arisen. Well, I
14 was asked to substitute and, you know, I
15 revisited that splendid career that
16 characterizes him.
17 Mention, I think was made by
18 Senator Farley about the combat star. He was a
19 Marine captain. He's a combat veteran and
20 that's how he got his Bronze Star. He was
21 willing to -- or available to putting his life
22 on the line in the defense of freedom.
23 So with an individual like that,
24 I believe the past is prologue and it was proven
25 by his service in this chamber but it also
3229
1 suggests to me -- and I hope you're listening,
2 Mike -- you're not like me. You're a young
3 fellow. So I don't believe that things will
4 stop there. I wish you better and better things
5 as time moves on because you've got the
6 quality. You've got the commitment, the
7 patriotism. You've got all of those
8 characteristics that make for a splendid
9 performance at even higher levels and I'm sure
10 they're going to come your way.
11 So with that, Mr. President, I
12 know that we are approaching a unanimous
13 expression of our feeling for this great person,
14 and I hope that he treasures this moment since
15 it grew out of primarily his service here. It
16 was so much more beyond his own participation in
17 our work, going back decades, and I know that
18 this will be reflected in future performances.
19 So I do hope that we come through
20 with a unanimous verdict.
21 ACTING PRESIDENT KUHL: Is there
22 any other Senator wishing to speak on the
23 nomination?
24 (There was no response.)
25 Is there any other Senator
3230
1 wishing to speak a second time on the
2 nomination?
3 (There was no response.)
4 The question is on the nomination
5 of Michael J. Hoblock, of Loudonville, to become
6 a member of the New York State Racing and
7 Wagering Board. All those in favor signify by
8 saying aye.
9 (Response of "Aye".)
10 Opposed, nay.
11 (There was no response.)
12 The nominee is unanimously
13 confirmed.
14 We're very, very pleased -
15 (Applause)
16 Michael, congratulations on
17 behalf of Senator Bruno and all of the members
18 who have spoken and those who have not spoken.
19 As you can see, everybody is looking for slots
20 in their district.
21 All kidding aside, we have all
22 had a tremendous experience with you in the
23 past. We know that you're going to do a
24 terrific job. Certainly welcome you here to the
25 chamber, your wife Karen. We're very, very
3231
1 pleased, as I'm sure your father is, as he sat
2 and listened to this, knowing full well that he
3 had a part in your upbringing certainly and the
4 state is in good hands and certainly the Racing
5 and Wagering Board.
6 So congratulations and good
7 luck. Godspeed.
8 (Applause)
9 The Secretary will read.
10 THE SECRETARY: Senator Stafford,
11 from the Committee on Finance, offers the
12 following nomination:
13 Member of the Industrial Board of
14 Appeals: John M. Hekker, Esq., of Thiells.
15 ACTING PRESIDENT KUHL: Senator
16 Stafford, on the nomination.
17 SENATOR STAFFORD: Mr. President,
18 together with Mike Hoblock, the Governor has
19 other excellent nominations before us today. We
20 will be going through them. All were
21 unanimously confirmed, as was Mike Hoblock.
22 We compliment the Governor and
23 all those who were unanimously approved by the
24 Senate Finance Committee and, as you say, the
25 next is Jack Hekker, and I yield to the good
3232
1 Senator Holland.
2 SENATOR HOLLAND: Rockland
3 County.
4 ACTING PRESIDENT KUHL: The Chair
5 recognizes Senator Holland, on the nomination.
6 SENATOR HOLLAND: Jack Hekker is
7 from Rockland County, and I have known him for
8 many years, and I would like to tell you a few
9 things about him.
10 He has been practicing law for
11 more than 35 years, specializing in real estate,
12 construction, zoning, environmental law, estate
13 planning, commercial litigation. He has also
14 represented theatrical and publishing concerns.
15 Certainly a senior partner in the
16 law firm of Granik, Silverman, Sandberg, Camp
17 bell, Hekker & Berger in New City, he has donat
18 ed his time and legal expertise in providing pro
19 bono -- that means free -- services to the Irish
20 Repertory Company in New York City and the Helen
21 Hayes Tappan Zee Performing Arts Center in
22 Nyack.
23 He resides in Thiells. He's the
24 father of five and the grandfather of six. It's
25 not too bad. He served more than 20 years as a
3233
1 village and town justice, adjudicating criminal
2 and civil cases, ranging from dog bites to
3 felony hearings for attempted murder.
4 He has extensive experience in
5 initiating and securing large scale planning and
6 zoning approvals, negotiating contracts and
7 financial commitments.
8 Jack Hekker is a recognized
9 community leader who has demonstrated the
10 ability to effectively interact with business
11 and government leaders of both sides -- of all
12 sides and the public at large.
13 He spent his youth in North
14 Arlington, New Jersey, where he's still
15 remembered as a member of Our Lady Queen of
16 Peace High School Hall of Fame for his athletic
17 prowess. His success did not end with his
18 accomplishments on the football field or on the
19 basketball court. He's told me about them many
20 times.
21 Young Jack Hekker found the time
22 to devote much of his time to academic
23 pursuits. He graduated from Georgetown, where
24 he majored in economics and received a
25 basketball scholarship. He went on to graduate
3234
1 from Georgetown Law School and, of course, he
2 was a first lieutenant in the United States
3 Marine Corps.
4 He has a strong record of
5 community service. Serves on the Board of
6 Trustees of Nyack Hospital. Serves as President
7 of Rockland County Magistrates Association and
8 vice-president of the Nyack Chamber of Commerce,
9 Chairman of the Nyack Waterfront Development
10 Committee and many, many others.
11 It is my privilege to nominate -
12 or second the nomination of the Governor of Jack
13 Hekker.
14 Best of wishes, Jack. I know
15 you'll do a great job.
16 ACTING PRESIDENT KUHL: Is there
17 any other Senator wishing to speak on the
18 nomination?
19 Senator Dollinger, on the
20 nomination.
21 SENATOR DOLLINGER: Mr. Hekker,
22 correct, Mr. President? Is this Mr. Hekker for
23 the Industrial Board of Appeals?
24 ACTING PRESIDENT KUHL: That's
25 correct.
3235
1 SENATOR DOLLINGER: Mr.
2 President, I saw this candidate in front of the
3 Finance Committee. I rise just to add one -
4 actually a note about Mr. Hekker's predecessor.
5 Kurt Hain was from Brighton.
6 Kurt Hain was a man who served on the
7 Industrial Board of Appeals for more than 20
8 years. He was from my district. He was a
9 Democrat but, quite frankly, as I know Senator
10 Alesi, Senator Nozzolio and others who have
11 known Kurt -- or did know Kurt prior to his
12 death would know that for Kurt, there were no
13 party lines. There were just people. Kurt did
14 a wonderful job in the 20-plus years that he
15 served in the Industrial Board of Appeals and,
16 as I told Mr. Hekker in the Finance Committee,
17 Kurt's shoes are sizeable. He made a sizeable
18 contribution to this state.
19 I have every confidence that Mr.
20 Hekker's credentials qualify him to adequately,
21 if not even better, fill those shoes, but I
22 couldn't let this appointment go without just
23 reminding the members of this chamber, Kurt
24 Hain was approved a number of times. He was a
25 fixture of the Rochester community and a
3236
1 wonderful man. I miss him terribly, and I hope
2 that the Industrial Board of Appeals will
3 continue to progress without him.
4 ACTING PRESIDENT KUHL: Is there
5 any other Senator wishing to speak on the
6 nomination?
7 (There was no response.)
8 Hearing none, the question is on
9 the nomination of John M. Hekker, Esq., to
10 become a member of the Industrial Board of
11 Appeals. All those in favor of the nomination
12 signify by saying aye.
13 (Response of "Aye".)
14 Opposed, nay.
15 (There was no response.)
16 The nominee is confirmed.
17 We're very, very pleased to have
18 John Hekker with us. He's seated in the balcony
19 to your left in the center row.
20 Congratulations, Mr. Hekker.
21 Good luck.
22 (Applause)
23 The Secretary will read.
24 THE SECRETARY: Senator Stafford,
25 from the Committee on Finance, offers the
3237
1 following nomination:
2 Member of the Industrial Board of
3 Appeals: Mark S. Perla, of Tonawanda.
4 ACTING PRESIDENT KUHL: The Chair
5 recognizes Senator Rath, on the nomination.
6 SENATOR RATH: Yes, Mr. President.
7 I would like to move the confirmation of Mark S.
8 Perla from the town of Tonawanda, one of the
9 communities that I represent, to serve as a
10 member of the Industrial Board of Appeals.
11 Today, as all days, when we have
12 a confirmation, it's a wonderful day in the
13 Senate because we get a perspective of who we
14 are, where we've been and where we're going, but
15 let me tell you a little bit about Mark Perla
16 and who he is and where he's been and where I
17 think he's going and why I think it's wonderful
18 that Mark is going to be serving and has been
19 recommended for that position.
20 Mark graduated from the
21 University of Buffalo Law School, which, of
22 course, is a plus for all of us from Western New
23 York. He entered private practice in the late
24 '70s, served recently for a short time as an
25 Erie County Court judge, served for quite some
3238
1 time in the U.S. Attorney's office in the
2 Buffalo area, the D.A.'s office, but there are
3 some special kinds of things about Mark that I
4 want to tell you about because he is a
5 professional, and yesterday we had a group here
6 called We the People, and I think when we stop
7 and recognize perspectivewise who we are in this
8 chamber, we represent we the people but
9 sometimes government gets a bad name. We're
10 like the enemy for the folks out there, but Mark
11 Perla has made a concerted effort and a real
12 commitment to making sure that government is not
13 the enemy and that government has an opportunity
14 to be on an equal footing, as it were, and
15 because sometimes we don't have that
16 opportunity.
17 He was one of three Assistant
18 United States Attorneys in the nation to head a
19 unit dedicated exclusively to investigating
20 frauds against the government and bringing civil
21 lawsuits to recover losses and penalties. I
22 think that's a noble effort, Mark, and I
23 congratulate you on the successes that you had.
24 Let me note some of the awards
25 and honors that Mark had because of the
3239
1 successes in making sure government had an
2 opportunity to have an equal -- be on an equal
3 playing field: The United States Attorney's
4 Award for sustained superior performance, United
5 States Attorney's Award for outstanding
6 performance of duty for handling a case which
7 resulted in felony convictions of fraud against
8 the government and a recovery of $7.5 million,
9 the largest civil recovery in the history of the
10 office -- I think that's a moment to be very,
11 very proud of -- a Department of Defense Award
12 for criminal investigative service, U.S. Naval
13 Investigative Service.
14 We have a man here who is a
15 professional's professional, who is about to
16 serve the state of New York in another
17 professional capacity. We are very fortunate.
18 We wish you good luck and we are very happy to
19 have you here as a nominee, Mark.
20 ACTING PRESIDENT WRIGHT: Senator
21 Maziarz, on the nomination.
22 SENATOR MAZIARZ: Thank you, Mr.
23 President.
24 I too want to join my colleague,
25 Senator Rath, who very ably pointed out all the
3240
1 qualifications. I consider Mark Perla to be one
2 of the most capable attorneys in all of Western
3 New York, and I want to join my colleagues in
4 seconding his nomination and in congratulating
5 the Governor for a fine appointment.
6 Thank you.
7 ACTING PRESIDENT WRIGHT: Senator
8 Volker, on the nomination.
9 SENATOR VOLKER: Mr. President,
10 very quickly. I too want to commend the
11 Governor on the appointment of Mark, who I've
12 known for a number of years. He comes from one
13 of the most prominent legal families in Western
14 New York. He was one of the top prosecutors in
15 the federal attorney's office, as well as the
16 District Attorney's office. He did a super
17 job. I have no doubt that he'll do just a super
18 job with the Industrial Board of Appeals.
19 Good luck, Mark.
20 ACTING PRESIDENT WRIGHT: Is
21 there any other Senator wishing to speak on the
22 nomination?
23 (There was no response.)
24 If not, the question of the
25 confirmation of the nomination of Mark S. Perla
3241
1 is before the house. All those in favor signify
2 by saying aye.
3 (Response of "Aye".)
4 Opposed, nay.
5 (There was no response.)
6 The confirmation is approved.
7 Mr. Perla, congratulations on
8 behalf of Senator Bruno and the members of the
9 Senate.
10 (Applause)
11 The Secretary will read.
12 THE SECRETARY: Senator Stafford,
13 from the Committee on Finance, offers the
14 following nomination:
15 Sheriff of Steuben County:
16 Walter M. Delap, of Beaver Dams.
17 ACTING PRESIDENT WRIGHT: Senator
18 Kuhl, on the nomination.
19 SENATOR KUHL: Yes, Mr.
20 President.
21 It's my pleasure to rise in
22 support of the Governor's nomination of Walter
23 Delap to become the sheriff of Steuben County
24 and while this is a rather localized issue and
25 it only involves the sheriff of one of 62
3242
1 counties in New York, I would you like to take
2 just a moment to explain to the members of this
3 body the importance of this particular
4 appointment to the constituency in my district
5 and the residents of Steuben County.
6 We in Steuben County have been
7 essentially without a sheriff because of health
8 problems and other problems for a number of
9 months and that's caused a tremendous amount of
10 disruption in the law enforcement of that
11 county.
12 Fortunately, we are blessed today
13 to be in a position to confirm the nomination of
14 a young man who is actually giving up a career
15 in law enforcement. Walt Delap currently is the
16 -- or I should say as of about four days ago,
17 retired from a position as a captain in Troop B
18 of the State Police, where he was in charge of
19 the BCI and oversaw a grouping of about 300
20 individuals and did obviously numerous
21 investigations. So here's a young man who is
22 really looking at a tremendous career with the
23 State Police of this state, potentially rising
24 through the ranks at one time to the position of
25 superintendent. He carries that kind of
3243
1 capability, certainly that kind of educational
2 experience and that kind of motivation but he
3 gave that all up to come home to Steuben County
4 to serve in the position of sheriff, a needed
5 position, certainly a worthy position and one
6 that the people in the county of Steuben are
7 waiting anxiously for him to appear and fulfill
8 those duties.
9 So it's my pleasure, Mr.
10 President, to rise today and support the
11 nomination of the Governor of this state, of
12 Walter Delap of Beaver Dams, New York to the
13 position of sheriff of Steuben County and hope
14 that my colleagues will join in supporting this
15 nomination.
16 Thank you.
17 ACTING PRESIDENT WRIGHT: Is
18 there any further members wishing to speak on
19 the nomination?
20 (There was no response.)
21 The question before us is the
22 confirmation of the nomination of Walter Delap
23 as sheriff of Steuben County. All those in
24 favor signify by saying aye.
25 (Response of "Aye".)
3244
1 Opposed, nay.
2 (There was no response.)
3 The "ayes" have it.
4 Congratulations, Sheriff Delap.
5 You have been confirmed by the New York State
6 Senate.
7 (Applause)
8 The sheriff is joined with us by
9 his wife Elaine and his father Walter. We would
10 also recognize them. We all appreciate your
11 dedication to the people of New York.
12 (Applause)
13 SENATOR SKELOS: Mr. President.
14 ACTING PRESIDENT WRIGHT: Senator
15 Skelos.
16 SENATOR SKELOS: With the consent
17 of the Minority, if we could just move
18 temporarily to motions and resolutions. I'd ask
19 that the titles be read on Resolutions 1140,
20 1141 and 1181 and that you then recognize
21 Senator Maziarz.
22 ACTING PRESIDENT WRIGHT: Thank
23 you, Senator Skelos.
24 The Secretary will read -
25 motions and resolutions -- titles only on 1140
3245
1 and 1141 and 1181.
2 THE SECRETARY: By Senator
3 Leibell, Legislative Resolution 1140, commending
4 Christopher Deane upon the occasion of his
5 designation as Senior Citizen of the Year.
6 ACTING PRESIDENT WRIGHT: Senator
7 Maziarz.
8 SENATOR MAZIARZ: Mr. President,
9 I'll yield to Senator Leibell on this
10 resolution.
11 SENATOR LEIBELL: Thank you -
12 ACTING PRESIDENT WRIGHT: Senator
13 Leibell.
14 SENATOR LEIBELL: -- Mr.
15 President.
16 Today has been a special day for
17 many of us in Albany. Throughout the year we're
18 visited by many constituent groups and have the
19 opportunity to recognize contributions by our
20 fellow New Yorkers to this great state. Well,
21 as I'm sure all of my colleagues are aware,
22 today is Senior Citizen Day in this great state
23 of ours.
24 This resolution that I have had
25 the pleasure to sponsor and which has been
3246
1 sponsored by my colleague in the Assembly also,
2 Will Stevens, who is here with me today, is a
3 recognition of the contributions of all of our
4 seniors throughout New York State but, in
5 particular, this resolution points out and
6 identifies our selection as Senior Citizen of
7 the Year and this year it is Christopher Deane,
8 who is with us here today in the chamber. He is
9 someone who has provided great help, assistance
10 and comfort to seniors and residents throughout
11 my home county of Putnam.
12 He has filled a leadership role
13 for many, many years in the town of Kent Senior
14 Citizens Club, a club which I have had the good
15 fortune, as has Assemblyman Stevens to visit
16 many, many times.
17 He has served on the advisory
18 board for Putnam County Office of the Aging. He
19 served as an advocate for the special needs of
20 senior citizens throughout our state and
21 region. His many volunteer efforts have
22 especially reached out to those seniors who have
23 found themselves in their advanced years in a
24 state of isolation.
25 Most significantly, he has
3247
1 encouraged our seniors to reach out and to share
2 their many wonderful gifts, their experience,
3 their talents, yes, their energy. He is someone
4 who I would describe, as I know Assemblyman
5 Stevens would, as a great personal friend.
6 He is joined here today by his
7 wife Theresa, as well as three daughters,
8 Christine, Dolores and Barbara, granddaughter
9 Susan and son-in-law George Durseley.
10 Mr. President, it is for me a
11 great honor at this point in time to propose
12 this resolution and, as I said, to recognize the
13 efforts of all of our seniors but, in
14 particular, our Senior of the Year, Christopher
15 Deane from the town of Kent, Putnam County, New
16 York.
17 Thank you, Mr. President.
18 ACTING PRESIDENT WRIGHT: Senator
19 Farley.
20 SENATOR FARLEY: You know, as a
21 former chairman of the Committee on Aging -
22 actually the first one and Senator Skelos who
23 was also a chairman -- let me congratulate you
24 on this outstanding award.
25 You know, to be Senior Citizen of
3248
1 the Year for all of New York State is a
2 remarkable accomplishment. You have served
3 humanity. You have served your fellow persons
4 and we're very, very proud of you and let me
5 please rise to congratulate you, to wish you
6 well and good health and we're very, very proud
7 of what you've done and what you've done for the
8 seniors of this state. That's a great award and
9 best wishes to you.
10 ACTING PRESIDENT WRIGHT: Is
11 there any other member wishing to speak on the
12 resolution?
13 Senator Maziarz.
14 SENATOR MAZIARZ: Thank you, Mr.
15 President.
16 As chairman of the Senate Aging
17 Committee, I too want to congratulate
18 Christopher Deane on being chosen as a Senior
19 Citizen of the Year to represent, as Senator
20 Leibell said, the tens of thousands of seniors
21 across the state of New York.
22 I have had the pleasure of
23 working with many of the county Offices of the
24 Aging and several of the groups throughout the
25 state and Mr. Deane really exemplifies that type
3249
1 of senior who, after he retires, goes out and
2 continues to work on a daily basis to help out
3 his fellow seniors.
4 Mr. Deane has a great history.
5 He's worked on some of the major construction
6 projects, the tunnels and bridges in the city of
7 New York and his family who is here in the
8 gallery is extremely proud of him, as well they
9 should be, Mr. President, and I sincerely
10 appreciate their efforts in leaving home early
11 this morning to get down here.
12 We had a great day this morning.
13 We were over at the Governor's mansion and
14 celebrated along with Mr. Deane and also with
15 Dan Mowers for the -- of Madison County as the
16 outstanding senior contributor of the year and
17 many of the other counties of the Office of the
18 Aging, congratulating them for the work that
19 they have done to help the senior population of
20 this state.
21 So, Mr. President, I congratulate
22 Mr. Deane. We also, I should note, had a great
23 tour of the Maltese art gallery on the 8th floor
24 of the Legislative Office Building which is very
25 interesting, should any of you have any extra
3250
1 time to go up and see that.
2 I certainly want to thank my
3 staff and the Assembly office, Chairperson
4 Barbara Clark, for their efforts today and also
5 to the former Senate chairs, Senator Farley and
6 Senator Skelos, for their help in putting this
7 day together.
8 Thank you, Mr. President.
9 ACTING PRESIDENT WRIGHT: Any
10 further members wishing to speak on the
11 resolution?
12 (There was no response.)
13 If not, the question is on
14 Resolution 1140. All those in favor signify by
15 saying aye.
16 (Response of "Aye".)
17 Opposed?
18 (There was no response.)
19 The "ayes" have it.
20 The resolution is adopted.
21 Mr. Deane, congratulations on
22 behalf of Senator Bruno and my entire colleagues
23 of the New York State Senate. Very well done,
24 sir.
25 (Applause)
3251
1 The Secretary will read
2 Resolution 1141, the title only.
3 THE SECRETARY: By Senator
4 Maziarz, Legislative Resolution 1141,
5 memorializing the Honorable George E. Pataki,
6 Governor, to proclaim May 6th, 1997 as Senior
7 Citizen Day in New York State.
8 ACTING PRESIDENT WRIGHT: Senator
9 Maziarz, on the resolution.
10 SENATOR MAZIARZ: Thank you, Mr.
11 President.
12 I'm not going to repeat myself.
13 Just to thank the Governor for proclaiming today
14 as Senior Citizen Day and May as Senior Citizen
15 Month, to recognize the outstanding
16 contributions of gentlemen like Mr. Deane and
17 Dan Mowers of Madison County for all the
18 volunteer work that they do the other 364 days
19 of the year.
20 Thank you, Mr. President.
21 ACTING PRESIDENT WRIGHT: The
22 question is on Resolution Number 1141. All
23 those in favor signify by saying aye.
24 (Response of "Aye".)
25 Opposed, nay.
3252
1 (There was no response.)
2 The resolution is adopted.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 if we could return to reports of standing
6 committees and continue with the confirmation
7 process.
8 ACTING PRESIDENT WRIGHT: We'll
9 return to reports of standing committees, order
10 of business, confirmation process.
11 The Secretary will read.
12 THE SECRETARY: Senator Stafford,
13 from the Committee on Finance, offers the
14 following nomination:
15 Member of the Rochester- Genesee
16 Regional Transportation Authority: Daniel E.
17 Bailey of Fairport.
18 ACTING PRESIDENT KUHL: The Chair
19 recognizes Senator Alesi, on the nomination.
20 SENATOR ALESI: Thank you, Mr.
21 President.
22 It's a pleasure to stand today
23 and support the nomination and move the
24 nomination of Dan Bailey to the RGRTA.
25 I've had the pleasure of knowing
3253
1 Dan Bailey for several years, in fact,
2 representing him not only here in the Senate but
3 in the state Assembly prior to this and even
4 before that in the Monroe County Legislature.
5 Dan is a native Rochesterian and
6 knows the area very well. He graduated from
7 McQuaid Jesuit High School, Le Moyne College,
8 Rochester Institute of Technology, where he
9 pursued his educational degrees in business
10 administration.
11 20 years prior to becoming
12 President of Rochester Gear, he started out in
13 an entry level position, working his way up to
14 president, as I have said, and gained valuable
15 business experience and knowledge of the
16 community and its needs as well.
17 As far as activities in the
18 community of Monroe, he has served on the Board
19 of Directors of Preferred Care, the Rochester
20 Primary Care Network and the American Gear
21 Manufacturing and Tool Association, where he
22 served as the president of that Washington-based
23 outfit for a couple of years.
24 He's also involved in the
25 Rochester Chamber of Commerce, the Industrial
3254
1 Management Council and has served as
2 vice-president of the Rochester Chapter of the
3 National Tooling and Manufacturing Association,
4 gaining valuable experience, experience that
5 he'll be able to use serving the community of
6 Monroe on the RGRTA.
7 Dan, as I said, is a personal
8 friend. He lives in Perinton, my home town,
9 with his wife Sharon and three daughters, and if
10 you had the pleasure as I did of listening to
11 him not only in the Transportation Committee
12 earlier this month but in the Finance Committee
13 this morning, you would have heard him reiterate
14 his dedication to increased ridership in a
15 troubled bus company, to redirect the route so
16 that they would better serve those people coming
17 from welfare to work and using the reverse
18 commute process to help improve Rochester
19 Regional Transit Authority.
20 Dan is the kind of business
21 person that's actively involved in the community
22 that we need to have serving on this board. I
23 wholeheartedly support his nomination on behalf
24 of Senators Maziarz and Nozzolio and those
25 others who represent the Greater Rochester
3255
1 area. It's my pleasure and privilege to support
2 the nomination and congratulate the Governor on
3 this selection.
4 Thank you, Mr. President.
5 ACTING PRESIDENT KUHL: Is there
6 any other Senator wishing to speak on the
7 nomination?
8 (There was no response.)
9 Hearing none, the question is on
10 the nomination of Daniel E. Bailey, of Fairport,
11 New York, to become a member of the Rochester
12 Genesee Regional Transportation Authority. All
13 those in favor of the nomination signify by
14 saying aye.
15 (Response of "Aye".)
16 Opposed, nay.
17 (There was no response.)
18 The nominee is confirmed.
19 The Secretary will continue to
20 read.
21 THE SECRETARY: Senator Stafford,
22 from the Committee on Finance, offers the
23 following nomination:
24 Member of the Niagara Frontier
25 Transportation Authority: Vivian Turner, of
3256
1 Buffalo.
2 SENATOR SKELOS: Move the
3 nomination.
4 ACTING PRESIDENT KUHL: The
5 question is on the nomination of Vivian Turner
6 to become a member of the Niagara Frontier
7 Transportation Authority. All those in favor of
8 the nomination signify by saying aye.
9 (Response of "Aye".)
10 Opposed, nay.
11 (There was no response.)
12 The nominee is confirmed.
13 The Secretary will continue to
14 read.
15 THE SECRETARY: Senator Stafford,
16 from the Committee on Finance, offers the
17 following nomination:
18 Member of the Ogdensburg Bridge
19 and Port Authority: Connie Grandy Augsbury, of
20 Ogdensburg.
21 SENATOR SKELOS: Move the
22 nomination.
23 ACTING PRESIDENT KUHL: The
24 question is on the nomination of Connie Grandy
25 Augsbury, of Ogdensburg, to become a member of
3257
1 the Ogdensburg Bridge and Port Authority.
2 Senator Wright, on the
3 nomination.
4 SENATOR WRIGHT: Thank you, Mr.
5 President.
6 I rise to endorse and second the
7 nomination and commend the Governor on his
8 choice.
9 Connie Augsbury has been serving
10 the community of Ogdensburg and the Greater St.
11 Lawrence County for a number of years, both in
12 her capacity and private life as an entrepreneur
13 and a business woman who has been very
14 successful in that area of the North Country but
15 also in her commitment to the public service and
16 not-for-profits in various capacities throughout
17 the North Country. She brings a diversity that
18 will only help improve the efforts of the
19 Ogdensburg Bridge and Port Authority and I'm
20 very pleased to second her nomination and
21 encourage my colleagues to support that
22 nomination.
23 ACTING PRESIDENT KUHL: Any other
24 Senator wishing to speak on the nomination?
25 (There was no response.)
3258
1 Hearing none, the question is on
2 the nomination of Connie Grandy Augsbury, of
3 Ogdensburg, to become a member of the Ogdensburg
4 Bridge and Port Authority. All those in favor
5 of the nomination signify by saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The nominee is confirmed.
10 The Secretary will continue to
11 read.
12 THE SECRETARY: Senator Stafford,
13 from the Committee on Finance, offers the
14 following nomination:
15 Members of the Board of Trustees
16 of the New York State Higher Education Services
17 Corporation: Stephen C. Biklen, of Pittsford
18 and Christopher Walsh, of Jamesville.
19 ACTING PRESIDENT KUHL: The
20 question is on the nomination of Stephen C.
21 Biklen, of Pittsford, New York and Christopher
22 Walsh, of Jamesville, New York to become members
23 of the Board of Trustees of the New York State
24 Higher Education Services Corporation. All
25 those in favor of the nomination signify by
3259
1 saying aye.
2 (Response of "Aye".)
3 Opposed, nay.
4 (There was no response.)
5 The nominees are confirmed.
6 The Secretary will continue to
7 read.
8 ACTING PRESIDENT KUHL: Senator
9 Stafford, from the Committee on Finance, offers
10 the following nomination:
11 Banking member of the State
12 Banking Board: Salvatore Marranca, of Little
13 Valley.
14 ACTING PRESIDENT KUHL: Any
15 Senator wishing to speak on the nomination?
16 (There was no response.)
17 Hearing none, the question is on
18 the nomination of Salvatore Marranca, of Little
19 Valley, to become a Banking member of the State
20 Banking Board. All those in favor of the
21 nomination signify by saying aye.
22 (Response of "Aye".)
23 Opposed, nay.
24 (There was no response.)
25 The nominee is confirmed.
3260
1 The Secretary will continue to
2 read.
3 ACTING PRESIDENT KUHL: Senator
4 Stafford, from the Committee on Finance, offers
5 the following nomination:
6 Member of the Genesee State Park
7 Recreation and Historic Preservation Committee
8 -- Commission: Howard Payne, of Arcade.
9 ACTING PRESIDENT KUHL: The
10 question is on the nomination of Howard Payne,
11 of Arcade, to become a member of the Genesee
12 State Park Recreation and Historic Preservation
13 Commission. All those in favor of the
14 nomination signify by saying aye.
15 (Response of "Aye".)
16 Opposed, nay.
17 The nominee is confirmed.
18 The Secretary will continue to
19 read.
20 THE SECRETARY: Senator Stafford,
21 from the Committee on Finance, offers the
22 following nominations:
23 Members of the Lake George Park
24 Commission, Anthony P. Reale, of Ticonderoga and
25 Margaret Stewart, of Lake George.
3261
1 ACTING PRESIDENT KUHL: The
2 question is on the nominations of Anthony P.
3 Reale, of Ticonderoga and Margaret Stewart, of
4 Lake George, to become members of the Lake
5 George Park Commission. All those in favor of
6 the nominations of the members signify by saying
7 aye.
8 (Response of "Aye".)
9 Opposed, nay.
10 (There was no response.)
11 The nominees are confirmed.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Farley.
17 SENATOR FARLEY: On behalf of
18 myself, would you please place a sponsor's star
19 on Calendar Number 690 and 691.
20 ACTING PRESIDENT KUHL: Calendars
21 Number 690 and 691 are starred at the request of
22 the sponsor.
23 Senator Farley.
24 SENATOR FARLEY: Also, Mr.
25 President, on page 38, I offer the following
3262
1 amendments to my bill, Calendar Number 681,
2 Senate Print 2545-A, and I ask that that bill
3 retain its place on the Third Reading Calendar.
4 ACTING PRESIDENT KUHL: The
5 amendments to Calendar Number 681 are received
6 and adopted and the bill will retain its place
7 on the Third Reading Calendar.
8 Senator Farley.
9 SENATOR FARLEY: And on behalf of
10 my distinguished colleague at my left, Senator
11 Tully, I wish on page 39 to offer the following
12 amendments to Calendar Number 312, Senate Print
13 2625, and I also wish you to remove the star
14 from that bill.
15 ACTING PRESIDENT KUHL: The
16 amendments to Calendar Number 312 are received
17 and adopted and the star will be removed at the
18 request of the sponsor.
19 Senator Farley.
20 SENATOR FARLEY: Thank you.
21 On behalf of Senator Holland, on
22 page 14, I offer the following amendments to
23 Calendar 310, Senate Print 32... 322-A, and I
24 ask that that bill retain its place on the Third
25 Reading Calendar.
3263
1 ACTING PRESIDENT KUHL: The
2 amendments to Calendar Number 310 are received
3 and adopted and the bill will retain its place
4 on the Third Reading Calendar.
5 Senator Farley.
6 SENATOR FARLEY: I already did
7 this one. That's it.
8 ACTING PRESIDENT KUHL: Thank
9 you, Senator Farley.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 at this time if we could have the title read on
13 Resolution 1181, and I move its immediate
14 adoption.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the title to Resolution
17 Number 1181.
18 THE SECRETARY: By Senators
19 Hoffmann and Maziarz, Legislative Resolution
20 1181, congratulating Daniel Mower upon the
21 occasion of his selection as recipient of the
22 1997 New York State Outstanding Contribution by
23 a Senior Citizen Award on May 6th, 1997.
24 ACTING PRESIDENT KUHL: Senator
25 Skelos.
3264
1 SENATOR SKELOS: Move the
2 resolution.
3 ACTING PRESIDENT KUHL: The
4 motion is to adopt the resolution, Resolution
5 1181. All those in favor signify by saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The resolution is adopted.
10 SENATOR SKELOS: I believe
11 there's a privileged resolution at the desk by
12 Senator Larkin. I ask that the title be read
13 and move its immediate adoption.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the title to the privileged
16 resolution by Senator Larkin.
17 THE SECRETARY: By Senator
18 Larkin, Legislative Resolution congratulating
19 the Newburgh Free Academy at Stewart Airport as
20 it becomes a satellite school representing
21 another facet of the Newburgh Enlarged City
22 School District.
23 ACTING PRESIDENT KUHL: The
24 question is on the resolution. All those in
25 favor signify by saying aye.
3265
1 (Response of "Aye".)
2 Opposed, nay.
3 (There was no response.)
4 The resolution is adopted.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President, I
7 move at this time to adopt the balance of the
8 Resolution Calendar.
9 ACTING PRESIDENT KUHL: The
10 motion is to adopt the Resolution Calendar which
11 is on all the members' desks. All those in
12 favor signify by saying aye.
13 (Response of "Aye".)
14 Opposed, nay.
15 (There was no response.)
16 The Resolution Calendar is
17 adopted.
18 Senator Skelos, we do have a
19 little housekeeping, four substitutions.
20 SENATOR SKELOS: Let me just
21 announce there will be an immediate meeting of
22 the Aging Committee in the Majority Conference
23 Room.
24 ACTING PRESIDENT KUHL: There
25 will be an immediate meeting of the Aging
3266
1 Committee, an immediate meeting of the Aging
2 Committee in Room 332, Room 332, the Majority
3 Conference Room.
4 The Secretary will read the
5 substitutions.
6 THE SECRETARY: On page 4,
7 Senator Farley moves to discharge from the
8 Committee on Civil Service and Pensions Assembly
9 Bill Number 4217 and substitute it for the
10 identical First Report Calendar 700.
11 On page 4, Senator Velella moves
12 to discharge from the Committee on Housing,
13 Construction and Community Development Assembly
14 Bill Number 2164 and substitute it for the
15 identical First Report Calendar 705.
16 And on page 4, Senator Velella
17 moves to discharge from the Committee on
18 Housing, Construction and Community Development
19 Assembly Bill Number 2300 and substitute it for
20 identical First Report Calendar 706.
21 ACTING PRESIDENT KUHL: The
22 substitutions are ordered.
23 SENATOR SKELOS: Mr. President.
24 ACTING PRESIDENT KUHL: Senator
25 Skelos.
3267
1 SENATOR SKELOS: If you would
2 recognize Senator Marchi for an announcement,
3 please.
4 ACTING PRESIDENT KUHL: The Chair
5 recognizes Senator Marchi for an announcement.
6 SENATOR MARCHI: Thank you, Mr.
7 President.
8 This year, as they have done
9 through the years, we have a rather
10 scintillating group of individuals who at one
11 time or another have really imparted great -
12 made great contributions to the welfare of the
13 people of this state and their names are far
14 flung. I don't know how many there are here in
15 this chamber and at one time we had governors in
16 both New York and California, both St. John's.
17 So St. John's really strikes a resonance that I
18 feel very good about, but with us during the
19 course of the afternoon we have the Dean, Rudy
20 Hasl, Allen Hodish, Judge Milton Mollen, who is
21 head of the Appellate Division in the Second
22 Department, Honorable Rinaldo Rivera, Moira
23 McLaughlin, Pete Piscitelli -- that's not an
24 unusual name to a lot of us -- Father Kehoe,
25 Peter Roach, Gloria Rivera, Jim Castro-Banco and
3268
1 Richard Kane. They're here and there are many
2 other people out there in the area that will be
3 guests at an appropriate lunch -- breakfast -
4 what am I saying -- at an appropriate reception
5 just about an hour from now.
6 So I would hope you recognize
7 their presence, Mr. President. It would be
8 appreciated by them, I'm sure.
9 ACTING PRESIDENT KUHL: Thank
10 you, Senator Marchi, for bringing that
11 information to our attention.
12 On behalf of Senator Bruno and
13 all of the members of the chamber, I would like
14 to wish -- welcome these distinguished alumni
15 from St. John's University to the chamber.
16 Thank you for taking the time to
17 spend a couple of minutes with us. We hope you
18 enjoy your stay while you're at Albany.
19 Senator Skelos.
20 SENATOR SKELOS: At this time if
21 we could take up the non-controversial calendar.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the non-controversial
24 calendar.
25 THE SECRETARY: On page 15,
3269
1 Calendar Number 326, by Senator Levy, Senate
2 Print 928-B, an act to amend the Railroad Law
3 and the Penal Law, in relation to trespass upon
4 railroad premises.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the first day of
9 November.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 58.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 475, by Senator Rath, Senate Print 255, an act
18 to amend the Family Court Act, in relation to
19 the age of runaway children and persons in need
20 of supervision.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the first day of
25 November.
3270
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 58.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 476, by Senator Saland, Senate Print 490, an act
9 to amend the Family Court Act, in relation to
10 judicial notification of child care agencies.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 90th day.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 58.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 479, by Senator Skelos, Senate Print 3208, an
23 act to amend the Criminal Procedure Law, in
24 relation to extending temporary orders of
25 protection in situations where a defendant has
3271
1 either escaped or failed to appear.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 58.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 484, by member of the Assembly Genovesi,
14 Assembly Print 4052, an act to amend the
15 Business Corporation Law, in relation to the
16 books and records of a residential cooperative
17 corporation.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 58.
3272
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 507, by Senator Leibell, Senate Print 3580, an
5 act to amend the Private Housing Finance Law, in
6 relation to increasing the amount of bond and
7 note authorization.
8 SENATOR LEICHTER: Lay it aside.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 515, by Senator Lack, Senate Print -
13 SENATOR SKELOS: Lay it aside for
14 the day.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside for the day.
17 THE SECRETARY: Calendar Number
18 518, by member of the Assembly Weprin, Assembly
19 Print 6487, an act to amend the Surrogate's
20 Court Procedure Act, in relation to persons to
21 be served in probate proceedings.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3273
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 58.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 537, by member of the Assembly John, Assembly
9 Print 7045, an act to amend the Mental Hygiene
10 Law, in relation to receivership authority.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section -- lay the
13 bill aside.
14 SENATOR SKELOS: Lay it aside for
15 the day.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside for the day.
18 THE SECRETARY: Calendar Number
19 539, by Senator Levy, Senate Print 102, an act
20 in relation to requiring the Commissioners of
21 Motor Vehicles, Transportation and Education to
22 develop a uniform definition.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read the last section.
25 THE SECRETARY: Section 2. This
3274
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 58.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 552, by Senator Levy, Senate Print 3915, an act
10 to amend the Vehicle and Traffic Law, in
11 relation to leaving the scene of an incident
12 without reporting.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the first day of
17 November.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 557, by Senator Saland, Senate Print 1786, an
3275
1 act to amend the Family Court Act, in relation
2 to procedures for the temporary removal of a
3 child with consent.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 90th day.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 58.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 573, by Senator Leibell, Senate Print 3646, an
16 act to amend the Public Authorities Law, in
17 relation to indemnification by the state of the
18 members, officers and employees of the state of
19 New York Mortgage Agency.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
3276
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 58.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Senator Skelos, that completes
6 the reading of the non-controversial calendar.
7 SENATOR SKELOS: If we could take
8 up the one bill on the controversial calendar.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the controversial calendar,
11 beginning and ending at Calendar Number 507 by
12 Senator Leibell on page 36.
13 SENATOR LEICHTER: Mr. President,
14 would Senator Leibell yield for a question?
15 ACTING PRESIDENT KUHL: Senator
16 Leichter, we would like to get the bill before
17 the house. I appreciate your kindness but we
18 would like to get the bill before the house
19 before we entertain any questions.
20 The Secretary will read the
21 title.
22 THE SECRETARY: Calendar Number
23 507, by Senator Leibell, Senate Print 3580, an
24 act to amend the Private Housing Finance Law, in
25 relation to increasing the amount of bond and
3277
1 note authorization.
2 ACTING PRESIDENT KUHL: Senator
3 Leibell, an explanation has been asked for by
4 Senator Leichter.
5 SENATOR LEICHTER: I'm just going
6 to ask a question.
7 ACTING PRESIDENT KUHL: Do you
8 yield to a question, Senator Leibell?
9 SENATOR LEIBELL: Yes.
10 ACTING PRESIDENT KUHL: The
11 Senator yields.
12 SENATOR LEICHTER: Senator, this
13 bill increases the authorization of the Housing
14 Finance Agency from 3,400,000,000 to 3,800... I
15 guess ...880,000,000.
16 SENATOR LEIBELL: It's an
17 increase of $480 million.
18 SENATOR LEICHTER: Right. My
19 question to you is have you been advised as to
20 any specific project that the HFA intends to
21 make a mortgage commitment for; and I'll tell
22 you afterwards why I asked the question.
23 SENATOR LEIBELL: They have a
24 number they're looking at but your question, I
25 think to me was have I been advised? I have not
3278
1 discussed any specific project with them.
2 SENATOR LEICHTER: If you'll be
3 so good as to continue to yield.
4 ACTING PRESIDENT KUHL: Senator
5 Leibell, do you continue to yield?
6 SENATOR LEIBELL: Yes.
7 ACTING PRESIDENT KUHL: The
8 Senator continues to yield.
9 SENATOR LEICHTER: Have you heard
10 whether any of this money is to go for a
11 mortgage for Donald Trump's Riverside South
12 project?
13 SENATOR LEIBELL: Do you have an
14 address, Senator? What would that be listed as
15 an address? I wouldn't know -
16 SENATOR LEICHTER: It would be
17 listed -- I don't know whether there's an
18 address as such. It's the Penn yards on the
19 west side of Manhattan. It doesn't have an
20 address. It's known as Riverside South.
21 SENATOR LEIBELL: Counsel advised
22 me no.
23 SENATOR LEICHTER: If you'll be
24 so good as to continue to yield.
25 ACTING PRESIDENT KUHL: Senator
3279
1 Leibell, do you continue to yield?
2 SENATOR LEIBELL: Yes, Mr.
3 President.
4 ACTING PRESIDENT KUHL: The
5 Senator continues to yield.
6 SENATOR LEICHTER: Can you assure
7 me that none of this money will be used for
8 Riverside South development?
9 SENATOR LEIBELL: I couldn't do
10 that, Senator. I could not assure you of that.
11 I have had no comment and I deal with the head
12 of HFA on a continuous basis, but I have had -
13 we've had no discussion about that at all.
14 Actually it's never come up, but for me to say
15 that I could assure you that something at some
16 point in time in the future would not be used
17 for that, I couldn't do. I don't know how they
18 would base that decision.
19 SENATOR LEICHTER: Again, if you
20 would continue to yield.
21 ACTING PRESIDENT KUHL: Senator
22 Leibell, do you continue to yield?
23 SENATOR LEIBELL: That's an
24 authority that I would not have as Chairman of
25 the Committee. It would be something their
3280
1 board would determine.
2 ACTING PRESIDENT KUHL: Senator
3 Leibell, do you continue to yield?
4 SENATOR LEIBELL: Yes, Mr.
5 President.
6 ACTING PRESIDENT KUHL: The
7 Senator continues to yield.
8 SENATOR LEICHTER: Senator, in
9 other words, you can -- the list that you have
10 of potential borrowers or people that might
11 receive a mortgage, you say does not include
12 Riverside South but you're telling me that
13 nothing would keep the Authority from deciding
14 that some of this $480 million would, indeed, be
15 used for Donald Trump's Riverside South.
16 SENATOR LEIBELL: That would be
17 something, as I said, would not be a decision
18 for me as a legislator. It would be for the
19 board, and I realize it's -- you're asking the
20 question, Senator, but if you have any
21 information that that is something that's
22 occurred, I'm not aware of it, certainly.
23 SENATOR LEICHTER: Mr. President,
24 on the -- on the bill.
25 ACTING PRESIDENT KUHL: Senator
3281
1 Leichter, on the bill.
2 SENATOR LEICHTER: And I thank
3 Senator Leibell, and I understand obviously as
4 chairman of the Housing Committee, you're not in
5 a position to say how the HFA is to use its
6 monies. I thought they might have made some
7 statement to you which would give me comfort in
8 knowing that none of this $480 million would be
9 used to subsidize what is essentially a luxury
10 project. I certainly support the work of the
11 HFA when it is for affordable housing and I have
12 voted in the past for increases in their
13 authorization.
14 The problem with this particular
15 authorization and this specific bill is that
16 there is pending before the HFA an application
17 that's been made by Mr. Trump who is developing
18 a major project in an area known as Penn yards,
19 which is the West Side of Manhattan between 59th
20 and 72nd street along the Hudson River. It's in
21 my district. Whatever you consider the merits
22 of that development of Mr. Trump, the issue
23 really is whether we want to commit state monies
24 -- and this is a state subsidy -- to what is
25 essentially a luxury project.
3282
1 Now, the answer to that may be
2 somebody will say, Well, isn't this going to be
3 what's known as an 80/20 project, 80 percent
4 luxury or market rentals and 20 percent
5 affordable housing, which would be the case if
6 the HFA loaned any money but, nevertheless, it
7 still is a subsidy that benefits the developer
8 and if we -- I have no objection to benefiting
9 anybody as long as there's a greater public
10 benefit. I don't see that public benefit in
11 building housing that's probably going to rent
12 at 5-, 6-, $7,000 a month. That's what the
13 expected rental is going to be. Great. Let's
14 have luxury housing but let it be pure market
15 rental, no subsidies whatsoever.
16 I know there's a lot of
17 discussion in this chamber, throughout the
18 Capitol, throughout the state, what is a subsidy
19 and what isn't a subsidy. Some people on the
20 other side of the aisle primarily claim that
21 rent regulation happens to be a subsidy to the
22 people of the state of New York. I think we can
23 show it isn't, but there's no question that if a
24 mortgage was granted to Riverside South, Mr.
25 Trump's development company for this project,
3283
1 would be an enormous subsidy, and I just don't
2 think that's how we ought to be spending the
3 money.
4 Now, if the HFA can come back and
5 say none of this money will go to Riverside
6 South, I'll support the bill, but in the absence
7 of that, I will not and I just think that all of
8 you, as you vote on this bill, ought to consider
9 whether, in fact, this is going to end up
10 providing an enormous benefit and subsidy to Mr.
11 Trump for luxury housing. If that's how you
12 want to spend public monies, if that's how you
13 want to make a commitment, that's your
14 decision. It's certainly not the way that I
15 want to go.
16 ACTING PRESIDENT KUHL: Is there
17 any other Senator wishing is speak on the bill?
18 (There was no response.)
19 Hearing none, the Secretary will
20 read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
3284
1 ACTING PRESIDENT KUHL: Announce
2 the results.
3 THE SECRETARY: Ayes 57, nays 1,
4 Senator Leichter recorded in the negative.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 Senator Skelos.
8 SENATOR SKELOS: Mr. President,
9 is there any housekeeping at the desk?
10 ACTING PRESIDENT KUHL: There is
11 none, Senator.
12 SENATOR SKELOS: There being no
13 further business, I move we adjourn until
14 Wednesday, May 7th, at 11:00 a.m. sharp.
15 ACTING PRESIDENT KUHL: Without
16 objection, the Senate stands adjourned until
17 tomorrow, Wednesday, May 7th, tomorrow,
18 Wednesday May 7th, at 11:00 a.m.
19 (Whereupon, at 4:35 p.m., the
20 Senate adjourned.)
21
22
23
24
25