Regular Session - August 1, 1997
7139
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9 ALBANY, NEW YORK
10 August 1, 1997
11 1:35 p.m.
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14 REGULAR SESSION
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18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
19 STEPHEN F. SLOAN, Secretary
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7140
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Would everyone please rise and
5 join with me in the Pledge of Allegiance.
6 (The Assemblage repeated the
7 Pledge of Allegiance to the Flag. )
8 May we bow our heads in a moment
9 of silence.
10 (A moment of silence was
11 observed.)
12 The reading of the Journal,
13 please.
14 THE SECRETARY: In Senate,
15 Thursday, July 31st. The Senate met pursuant to
16 adjournment. The Journal of Wednesday, July
17 30th, was read and approved. On motion, Senate
18 adjourned.
19 THE PRESIDENT: Without
20 objection, the Journal stands approved as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
7141
1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Marcellino.
5 SENATOR MARCELLINO: Thank you,
6 Madam President.
7 Madam President, on behalf of
8 Senator Libous, I wish to call up his bill,
9 Print Number 4716-A recalled from the Assembly,
10 which is now at the desk.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: By Senator
14 Libous, Senate Print 4716-A, an act to authorize
15 the village of Johnson City.
16 THE PRESIDENT: Senator -
17 SENATOR MARCELLINO: Madam
18 President, I now move to reconsider the vote by
19 which this bill was passed.
20 THE PRESIDENT: Call the roll on
21 reconsideration, please.
22 (The Secretary called the roll on
23 reconsideration. )
24 THE SECRETARY: Ayes 35.
25 SENATOR MARCELLINO: I now offer
7142
1 the following amendments.
2 THE PRESIDENT: Amendments
3 received.
4 SENATOR MARCELLINO: Madam
5 President, on behalf of Senator Rath, I wish to
6 call up her bill, Print Number 5535, recalled
7 from the Assembly, which is now at the desk.
8 THE PRESIDENT: Secretary will
9 read.
10 THE SECRETARY: By Senator Rath,
11 Senate Print 5535, an act authorizing the town
12 of Amherst.
13 SENATOR MARCELLINO: Madam
14 President, I now move to reconsider the vote by
15 which this bill was passed.
16 THE PRESIDENT: Call the roll on
17 reconsideration, please.
18 (The Secretary called the roll on
19 reconsideration.)
20 THE SECRETARY: Ayes 35.
21 SENATOR MARCELLINO: I now offer
22 the following amendments.
23 THE PRESIDENT: Amendments are
24 received.
25 SENATOR MARCELLINO: Thank you,
7143
1 Madam President.
2 On behalf of Senator Levy, I wish
3 to call up his bill, Print Number 5268-A,
4 recalled from the Assembly which is now at the
5 desk.
6 THE PRESIDENT: Secretary will
7 read.
8 THE SECRETARY: By Senator Levy,
9 Senate Print 5268-A, an act to amend the Vehicle
10 and Traffic Law.
11 SENATOR MARCELLINO: Madam
12 President, I now move to reconsider the vote by
13 which this bill was passed.
14 THE PRESIDENT: Call the roll on
15 reconsideration, please.
16 (The Secretary called the roll on
17 reconsideration.)
18 THE SECRETARY: Ayes 35.
19 ACTING PRESIDENT KUHL:
20 Amendments are received and adopted.
21 SENATOR MARCELLINO: Thank you,
22 Mr. President.
23 Mr. President, on behalf of
24 Senator Johnson, I wish to call up his bill,
25 Print Number 324-A.
7144
1 ACTING PRESIDENT KUHL: Secretary
2 will read the title.
3 THE SECRETARY: By Senator
4 Johnson, Senate Print 324-A, an act to amend the
5 Public Health Law.
6 ACTING PRESIDENT KUHL: Senator
7 Marcellino.
8 SENATOR MARCELLINO: Mr.
9 President, as you know, that bill was recalled
10 from the Assembly and is now at the desk, and at
11 this time I now move to reconsider the vote by
12 which this bill was passed.
13 ACTING PRESIDENT KUHL: Secretary
14 will call on roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 35.
18 ACTING PRESIDENT KUHL: Senator
19 Marcellino.
20 SENATOR MARCELLINO: Mr.
21 President, I now offer the following
22 amendments.
23 ACTING PRESIDENT KUHL:
24 Amendments are received and adopted.
25 SENATOR MARCELLINO: Thank you.
7145
1 ACTING PRESIDENT KUHL: Senator
2 Skelos, we have some substitutions after Senator
3 Stachowski makes a motion.
4 Senator Stachowski.
5 SENATOR STACHOWSKI: Mr.
6 President, I move that the following bill be
7 discharged from their respective committee and
8 be recommitted with instructions to strike the
9 enacting clause: Senate 1449.
10 ACTING PRESIDENT KUHL: So
11 ordered.
12 The Secretary will read the
13 substitutions.
14 THE SECRETARY: On page 4,
15 Senator DeFrancisco, moves to discharge from the
16 Committee on Rules Assembly Print 6901-A and
17 substitute it for the identical bill, Third
18 Reading 1215.
19 On page 4, Senator Santiago moves
20 to discharge from the Committee on Rules
21 Assembly Print 8374-A and substitute it for the
22 identical Senate bill, Third Reading 1392.
23 ACTING PRESIDENT KUHL:
24 Substitutions are ordered.
25 Senator Skelos.
7146
1 SENATOR SKELOS: Mr. President, I
2 move we adopt the Resolution Calendar in its
3 entirety.
4 ACTING PRESIDENT KUHL: The
5 motion is to adopt the Resolution Calendar which
6 is on the members' desks. All those in favor
7 signify by saying aye.
8 (Response of "Aye.")
9 Opposed nay.
10 (There was no response.)
11 The Resolution Calendar is
12 adopted.
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President, I
15 believe there's a privileged resolution at the
16 desk by Senator Velella. I ask that the title
17 be read and that you recognize Senator Velella.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the title to the privileged resolution
20 by Senator Velella.
21 THE SECRETARY: By Senator
22 Velella, Legislative Resolution urging General
23 Colin L. Powell to meet with a delegation of
24 elected New York State and City officials to
25 discuss the possibility of assuming the
7147
1 chancellorship of the City University of New
2 York.
3 ACTING PRESIDENT KUHL:
4 Resolution is before the house. Chair
5 recognizes Senator Velella, on the resolution.
6 SENATOR VELELLA: Mr. President,
7 I've had contacts with many members in the house
8 asking that they would be allowed to go on that
9 resolution. I'd ask that it be open to any
10 member who wishes to go on.
11 Certainly General Powell's
12 reputation is well known and I believe all of us
13 would agree that he would make a tremendous
14 chancellor of the City University.
15 ACTING PRESIDENT KUHL: On the
16 resolution. Senator Skelos, it appears that
17 there's a number of members. Shall we put all
18 the members on except those who indicate to the
19 desk that can they don't wish to be on the
20 resolution?
21 SENATOR SKELOS: Yes, Mr.
22 President. If a member notifies the desk that
23 they do not wish to sponsor it, then they will
24 not be put on the resolution.
25 ACTING PRESIDENT KUHL: Secretary
7148
1 will take the names of those members who don't
2 wish to be on the resolution.
3 Any other member wishing to speak
4 on the resolution? Senator Stachowski? No?
5 SENATOR STACHOWSKI: No.
6 ACTING PRESIDENT KUHL: Question
7 is on the resolution. All those in flavor
8 signify by saying aye.
9 (Response of "Aye.")
10 Opposed nay.
11 (There was no response.)
12 The resolution is adopted.
13 Senator Stachowski, why do you
14 rise?
15 SENATOR STACHOWSKI: Mr.
16 President, I would like to make the members
17 aware that Senator Connor would like to open up
18 Resolution JL 2132, commemorating the 11th
19 Annual Greenpoint-Williamsburg Columbus Day
20 Parade to any members who would want to be on
21 it, and Senator Abate would like to open up her
22 resolution commending Visiting Neighbors, Inc.,
23 on its 25th Anniversary for any members who
24 would like to go on it.
25 ACTING PRESIDENT KUHL: What was
7149
1 the second number of the resolution, Senator
2 Stachowski?
3 SENATOR STACHOWSKI: Second
4 number -- excuse me -- second number is JL 2177.
5 ACTING PRESIDENT KUHL: All the
6 members who wish to co-sponsor the resolutions
7 number 2132 and 2177, they're open for
8 sponsorship if they'll indicate to the desk.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President, I
11 believe there's a privileged resolution at the
12 desk by Senator Dollinger. I move for its
13 immediate adoption, that the title be read, and
14 I believe Senator Maziarz wishes to co-sponsor
15 that resolution.
16 SENATOR MAZIARZ: Yes.
17 ACTING PRESIDENT KUHL: There is
18 a privileged resolution by Senator Dollinger at
19 the desk. I'll ask the Secretary to read the
20 title.
21 THE SECRETARY: By Senator
22 Dollinger, Legislative Resolution celebrating
23 the life and career of New York State Trooper
24 Christopher Peter Gerwitz.
25 ACTING PRESIDENT KUHL: Senator
7150
1 Stachowski, I don't see Senator Dollinger in the
2 chamber. Is it permissible to have Senator
3 Maziarz added as a co-sponsor of that
4 resolution?
5 (Senator Stachowski nods head.)
6 ACTING PRESIDENT KUHL: Without
7 objection, Senator Maziarz will be a co-sponsor
8 on the resolution. Question is on the
9 resolution. All those in favor signify by
10 saying aye.
11 (Response of "Aye.")
12 Opposed nay.
13 (There was no response.)
14 Resolution is adopted.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 there will be an immediate meeting of the Senate
18 Rules Committee in the Majority Conference Room,
19 and the Senate will stand at ease.
20 ACTING PRESIDENT KUHL: Immediate
21 meeting of the Senate Rules Committee, immediate
22 meeting of the Senate Rules Committee in the
23 Majority Conference Room, Room 332, and the
24 Senate will stand at ease.
25 (The Senate stood at ease from
7151
1 1:44 to 1:53 p.m.)
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order.
4 Senator Skelos.
5 SENATOR SKELOS: Mr. President,
6 if we could return to reports of standing
7 committees. I believe there's a report of the
8 Rules Committee at the desk. I ask that it be
9 read.
10 ACTING PRESIDENT KUHL: We'll
11 return to the order of reports of standing
12 committees. There is a report of the Rules
13 Committee at the desk. Secretary will read.
14 THE SECRETARY: Senator Bruno,
15 from the Committee on Rules, offers up the
16 following bills:
17 Senate Print 535-A, by Senator
18 Present, an act authorizing the Commissioner of
19 General Services;
20 5197-A, by Senator Seward, an act
21 amending the General Municipal Law;
22 2703-C, by Senator Saland, an act
23 to amend the Vehicle and Traffic Law;
24 Assembly Print 5974-A, by member
25 of the Assembly Pheffer, an act to amend the
7152
1 Election Law;
2 2655-A, by Senator Lack, an act
3 to amend the Criminal Procedure Law;
4 3752-A, by Senator Marchi, an act
5 to amend the Public Authorities Law;
6 4283-B, by Senator Rath, an act
7 to amend the Public Health Law;
8 4897-B, by Senator Saland, an act
9 to authorize change of beneficiary;
10 49 -- 4898-D, by Senator Saland,
11 an act to authorize the city of Poughkeepsie;
12 5047-B, by Senator Holland, an
13 act to amend the Retirement and Social Security
14 Law;
15 5412, by Senator Nanula, an act
16 to require New York State local employees
17 retirement system;
18 5516, by Senator Bruno, an act in
19 relation to authorizing;
20 5517, by Senator Volker, an act
21 to amend Chapter 824 of the Laws of 1933;
22 5528-B, by Senator LaValle, an
23 act authorizing the re-opening of a 20-year
24 retirement plan;
25 5627, by Senator Leibell, an act
7153
1 to amend the Vehicle and Traffic Law;
2 5674, by Senator Oppenheimer, an
3 act to authorize the town of Harrison;
4 5678, by the committee on Rules,
5 an act authorizing the assessor of the county of
6 Nassau;
7 5680, by Senator Skelos, an act
8 to amend the Business Corporation Law;
9 5694, by Senator Trunzo, an act
10 to amend Chapter 582 of the Laws of 1996;
11 5700, by Senator Marcellino, an
12 act to amend Chapter 548 of the Laws of 1995;
13 5709, by Senator Lack, an act to
14 amend the Uniform Commercial Code Act; and
15 5713, by Senator Rath, an act to
16 amend the Real Property Tax Law.
17 All bills directly for third
18 reading.
19 ACTING PRESIDENT KUHL: Senator
20 Skelos.
21 SENATOR SKELOS: Could we adopt
22 the report of the Rules -
23 ACTING PRESIDENT KUHL: Motion is
24 to accept the report of the Rules Committee.
25 All those in favor signify by saying aye.
7154
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response.)
4 The report of the Rules Committee
5 is accepted and adopted. The bills are reported
6 directly to third reading.
7 Senator Skelos.
8 SENATOR SKELOS: Mr. President,
9 if we could now at this time take up Calendar
10 Number 63.
11 ACTING PRESIDENT KUHL: Secretary
12 will read the non-controversial reading of
13 Calendar Number 63. That's the original
14 calendar of the day.
15 SENATOR SKELOS: Mr. President.
16 ACTING PRESIDENT KUHL: Senator
17 Skelos.
18 SENATOR SKELOS: Before we take
19 up the calendar, there will be an immediate
20 meeting of the Insurance Committee in the
21 Majority Conference Room.
22 ACTING PRESIDENT KUHL: Immediate
23 meeting of the Insurance Committee, immediate
24 meeting of the Insurance Committee, in the
25 Majority Conference Room, Room 332.
7155
1 (The Senate stood at ease
2 briefly.)
3 ACTING PRESIDENT KUHL: The
4 Senate will come to order. Members take their
5 places, staff their places.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 at this time, if we could take up Calendar
9 Number 63 non-controversial.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the non-controversial reading of
12 Calendar Number 63.
13 THE SECRETARY: Calendar Number
14 110, by Senator Present, Senate Print 765-B, an
15 act to amend the State Administrative Procedure
16 Act.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 1st day of
21 October.
22 SENATOR PATERSON: Mr.
23 President.
24 ACTING PRESIDENT KUHL: Senator
25 Paterson, why do you rise?
7156
1 SENATOR PATERSON: Mr. President,
2 may we lay that aside.
3 ACTING PRESIDENT KUHL: We'll lay
4 Calendar Number 110 aside at the request of the
5 Acting Minority Leader.
6 Secretary will continue to read
7 the non-controversial reading of Calendar Number
8 63.
9 THE SECRETARY: Calendar Number
10 758, by Senator Meziarz, Senate Print 4982-B, an
11 act to amend the Real Property Law.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 48.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 877, by Senator Lack, Senate Print 2699-C, an
24 act to amend the Alcoholic Beverage Control
25 Law.
7157
1 SENATOR STACHOWSKI:
2 Explanation.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 THE SECRETARY: Calendar Number
6 1215, by member of the Assembly Bragman,
7 Assembly Print 6901-A, an act in relation to
8 authorizing the county of Onondaga.
9 ACTING PRESIDENT KUHL: This bill
10 was substituted earlier. There is a home rule
11 message at the desk. Secretary will read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 48.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar number
22 1391, by Senator Tully, Senate Print 5582-A, an
23 act to amend the Public Authorities Law.
24 ACTING PRESIDENT KUHL: Secretary
25 will read the last section.
7158
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 48.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1392, substituted earlier today, by the Assembly
11 Committee on Rules, Assembly Print 8374-A, an
12 act authorizing the Office of General Services
13 to sell and convey.
14 ACTING PRESIDENT KUHL: Secretary
15 will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll,).
21 THE SECRETARY: Ayes 48.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 Senator Skelos, that completes
25 the reading of the non-controversial calendar.
7159
1 SENATOR SKELOS: Do the
2 controversial calendar at this time.
3 ACTING PRESIDENT KUHL: Secretary
4 will start the controversial reading of Calendar
5 Number 63, beginning with Calendar Number 110,
6 on page 4.
7 THE SECRETARY: Calendar Number
8 110, by Senator Present, Senate Print 765-B, an
9 act to amend the State Administrative Procedure
10 Act.
11 ACTING PRESIDENT KUHL: Secretary
12 will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 1st day of
15 October.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 49.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 877, by Senator Lack, Senate Print 2699-C, an
24 act to amend the Alcoholic Beverage Control
25 Law.
7160
1 ACTING PRESIDENT KUHL: Secretary
2 will read the last section.
3 THE SECRETARY: Section 2. 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 49.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 Senator Skelos, that completes
12 the reading of the controversial calendar on
13 Calendar Number 63.
14 SENATOR SKELOS: Mr. President.
15 ACTING PRESIDENT KUHL: Senator
16 Skelos.
17 SENATOR SKELOS: At this time if
18 we could take up Supplemental Calendar Number
19 63-A, non-controversial, please.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the non-controversial
22 reading of Calendar Number 63-A. It's the
23 supplemental calendar which has been handed out
24 and is on all of the members' desks together
25 with the supplemental calendar bills which are
7161
1 on the members' desks.
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 112, in relation to Calendar Number 112, Senator
5 Present moves to discharge from the Committee on
6 Rules Assembly Print 1525-A and substitute it
7 for the identical Senate bill, Third Reading
8 112.
9 ACTING PRESIDENT KUHL:
10 Substitution of the Assembly bill or the Senate
11 bill is ordered. Secretary will read the title.
12 THE SECRETARY: Calendar Number
13 112, by member of the Assembly Magee, Assembly
14 Print 1525-A, an act authorizing the
15 Commissioner of General Services.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 49.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
7162
1 THE SECRETARY: Calendar Number
2 838, by Senator Seward, Senate Print 5197-A, an
3 act to amend the General Municipal Law.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 2. 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 49.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 982, by Senator Saland, Senate Print 2703-C, an
16 act to amend the Vehicle and Traffic Law.
17 SENATOR PATERSON: Lay aside.
18 ACTING PRESIDENT KUHL: There is
19 a home rule message at the desk. Secretary will
20 lay the bill aside.
21 THE SECRETARY: Calendar Number
22 10...
23 ACTING PRESIDENT KUHL: Excuse me
24 just a minute.
25 Senator Marcellino, why do you
7163
1 rise?
2 SENATOR MARCELLINO: Yes, for the
3 purposes of a nomination, there will be an
4 immediate meeting of the Environmental
5 Conservation Committee in Room 332.
6 ACTING PRESIDENT KUHL: There
7 will be an immediate meeting of the
8 Environmental Conservation Committee, immediate
9 meeting of the Environmental Conservation
10 Committee in the Majority Conference Room, Room
11 332.
12 Secretary will continue to read
13 the non-controversial reading of Calendar Number
14 63-A.
15 THE SECRETARY: Calendar Number
16 1027, by member of the Assembly Pheffer,
17 Assembly Print 5974-A, an act to amend the
18 Election 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
24 roll.
25 (The Secretary called the roll. )
7164
1 THE SECRETARY: Ayes 49.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1538, in relation to Calendar Number 1538,
6 Senator Lack moves to discharge from the
7 Committee on Rules Assembly Print 4358-A, and
8 substitute it for the identical Senate Print,
9 Third Reading 1538.
10 ACTING PRESIDENT KUHL:
11 Substitution is ordered.
12 Secretary will read the title.
13 THE SECRETARY: Calendar Number
14 1538, by member of the Assembly Wertz, Assembly
15 Print 4358-A, an act to amend the Criminal
16 Procedure Law.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
24 THE SECRETARY: Ayes 49.
25 ACTING PRESIDENT KUHL: The bill
7165
1 is passed.
2 THE SECRETARY: Calendar Number
3 1539, by Senator Marchi, Senate Print 3752-A, an
4 act to amend the Public Authorities Law and the
5 Real Property Tax Law.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the last section.
8 THE SECRETARY: Section 15. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 49.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1540, in relation to Calendar Number 1540,
18 Senator Rath moves to discharge from the
19 Committee on Finance Assembly Print 5348-B and
20 substitute it for the identical Senate Print,
21 Third Reading 1540.
22 ACTING PRESIDENT KUHL:
23 Substitution is ordered. Secretary will read
24 the title.
25 THE SECRETARY: Calendar Number
7166
1 1540, by member of the Assembly Weinstein,
2 Assembly Print 5348-B, an act to amend the
3 Public Health Law.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 2. 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 49.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1541, by Senator Saland, Senate Print 4897-B, an
16 act to authorize Edmund Haase to change the
17 beneficiary of his retirement allowance.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section. Lay the bill
20 aside.
21 THE SECRETARY: Calendar Number
22 1542, by Senator Saland, Senate Print 4898-D, an
23 act to authorize the city of Poughkeepsie,
24 county of Dutchess, to sell and convey certain
25 park land.
7167
1 ACTING PRESIDENT KUHL: There is
2 a home rule message at the desk. Secretary will
3 read the last section.
4 THE SECRETARY: Section 4. 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 49.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1543, by Senator Holland, Senate Print 5047-B,
14 an act to amend the Retirement and Social
15 Security Law.
16 SENATOR LEICHTER: Lay it aside.
17 ACTING PRESIDENT KUHL: There is
18 a home rule message at the desk. Secretary will
19 lay the bill aside.
20 THE SECRETARY: Calendar Number
21 1544, by Senator Nanula, Senate Print 5412, an
22 act to require the New York State and local
23 employees' retirement system to accept a
24 retirement application.
25 ACTING PRESIDENT KUHL: There is
7168
1 a home rule message at the desk. Secretary will
2 read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 49.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1545, by Senator Bruno, Senate Print 5516, an
13 act in relation to authorizing the town of
14 Pittstown to transfer certain funds.
15 ACTING PRESIDENT KUHL: There is
16 a home rule message at the desk. Secretary will
17 read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 49.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
7169
1 THE SECRETARY: Calendar Number
2 1546, by Senator Volker, Senate Print 5517, an
3 act to amend Chapter 824 of the Laws of 1933.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 5. 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 49.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1547, by Senator LaValle, Senate Print 5528-B,
16 an act authorizing the re-opening of a 20-year
17 retirement plan.
18 ACTING PRESIDENT KUHL: There is
19 a home rule message at the desk. Secretary will
20 read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll. )
7170
1 THE SECRETARY: Ayes 49.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1548, by Senator Leibell, Senate Print 5627, an
6 act to amend the Vehicle and Traffic Law, in
7 relation to membership.
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 ACTING PRESIDENT KUHL: Record
16 the negatives and announce the results.
17 THE SECRETARY: Ayes 48, nays 1,
18 Senator Leichter recorded in the negative.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1549, by Senator Oppenheimer, Senate Print 5674,
23 an act to authorize the town of Harrison,
24 Westchester County.
25 ACTING PRESIDENT KUHL: There is
7171
1 a home rule message at the desk. Secretary will
2 read the last section.
3 THE SECRETARY: Section 5. 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 49.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1550, by the Committee on Rules, Senate Print
13 5678, an act authorizing the assessor of the
14 county of Nassau.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll. )
22 ACTING PRESIDENT KUHL: Record
23 the negative and announce the results.
24 THE SECRETARY: Ayes 48, nays
25 one, Senator Dollinger recorded in the
7172
1 negative.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1551, by Senator Skelos, Senate Print 5680, an
6 act to amend the Business Corporation Law.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the last section.
9 THE SECRETARY: Section 7. This
10 act shall take effect on the same date as the
11 chapter of the laws of 1997.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 50.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1552, by Senator Trunzo, Senate Print 5694, an
20 act to amend Chapter 582 of the Laws of 1996.
21 SENATOR SKELOS: Lay aside for
22 amendment.
23 ACTING PRESIDENT KUHL: Lay the
24 bill aside.
25 THE SECRETARY: Calendar Number
7173
1 1553, in relation to Calendar Number 1553,
2 Senator Marcellino moves to discharge from the
3 Committee on Rules Assembly Print 8553 and
4 substitute it for the identical Senate Third
5 Reading 1553.
6 ACTING PRESIDENT KUHL:
7 Substitution is ordered. Secretary will read the
8 title.
9 SENATOR DOLLINGER: Lay the bill
10 aside.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 THE SECRETARY: Calendar
14 Number -
15 SENATOR LEICHTER: Mr. President.
16 ACTING PRESIDENT KUHL: Senator
17 Leichter, why do you rise?
18 SENATOR LEICHTER: Is Calendar
19 Number 1551 still at the desk?
20 A VOICE: Do we have Calendar
21 Number -
22 ACTING PRESIDENT KUHL: Excuse me.
23 SENATOR LEICHTER: Would you hold
24 this young gentleman there who is walking out
25 with some bills? Would you hold that? Hello!
7174
1 ACTING PRESIDENT KUHL: Senator
2 Leichter, 1551 is gone. I'm sorry.
3 SENATOR DOLLINGER: Mr.
4 President.
5 SENATOR LEICHTER: Well, you
6 know. Yeah.
7 SENATOR DOLLINGER: Mr.
8 President, I -- Senator Leichter asked when the
9 gentleman hadn't left the room. I find it
10 unusual that a member would ask that they be
11 delayed. I appreciate that the Chair needs to
12 know what bills are in the house, but I thought
13 he had intercepted him before he got out the
14 door, and I'm disappointed that he was allowed
15 to walk out.
16 ACTING PRESIDENT KUHL: Senator
17 Dollinger, I don't have -- excuse me, Senator
18 Leichter has the floor. You're asking whether
19 or not the calendar is here, the bill was here.
20 I'm told by the Journal Clerk that it is not
21 here.
22 SENATOR LEICHTER: Well, it was
23 here when I got up, Mr. President. Let's stop
24 playing -- let's stop playing games.
25 ACTING PRESIDENT KUHL: Senator
7175
1 Leichter, I -
2 SENATOR LEICHTER: I'm sorry, Mr.
3 President. I have the floor, and I'm saying
4 that -
5 ACTING PRESIDENT KUHL: If I
6 choose to recognize you, Senator Leichter.
7 SENATOR LEICHTER: Well, you did
8 recognize me.
9 ACTING PRESIDENT KUHL: I'm
10 willing to entertain your conversation. I'm just
11 telling you, you asked that a bill -- whether it
12 was at the desk. It is not at the desk. I'm
13 sorry to inform you that it is not here.
14 SENATOR LEICHTER: O.K.
15 ACTING PRESIDENT KUHL: I don't
16 have the capability to stop people from what
17 they have or leaving the chamber at this point,
18 Senator Leichter. I don't know what they have,
19 what they're carrying. My information is
20 provided to me by the Journal Clerk. The Journal
21 Clerk tells me that the bill is not in the
22 house.
23 SENATOR LEICHTER: Mr. President,
24 there are games being played here. I'm sorry to
25 say that. I have respect for you as a person,
7176
1 but I think that all members here ought to be
2 treated fairly, and I think that the procedures
3 of the house should be carried out according to
4 the rules. I raised the issue. The person was
5 standing there holding this batch of bills. I
6 asked at a time when he was in the house and,
7 therefore, the bills were in the house. He
8 continued walking when I asked that he please
9 stop. You took some time to check the records,
10 by which time he had left. I think that's
11 improper, Mr. President.
12 ACTING PRESIDENT KUHL: The
13 Secretary will continue to call the
14 non-controversial calendar continuing with
15 Calendar Number 1554, by Senator Lack.
16 THE SECRETARY: Calendar Number
17 1554, in relation to Calendar Number 1554,
18 Senator Lack moves to discharge the Committee on
19 Rules from Assembly Print 5619-B, and substitute
20 it for the identical Third Reading 1554.
21 SENATOR LEICHTER: Lay aside.
22 ACTING PRESIDENT KUHL: Substi...
23 lay the bill aside.
24 THE SECRETARY: Calendar Number
25 1555, by Senator Rath, Senate Print 5713, an act
7177
1 to amend the Real Property Tax Law.
2 SENATOR LEICHTER: Lay it aside.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 Senator Skelos, that completes
6 the non-controversial reading of Calendar Number
7 63-A.
8 SENATOR SKELOS: Take it up
9 controversial now, Mr. President.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the controversial reading of Calendar
12 Number 63-A, beginning with Calendar Number
13 1541, by Senator Saland. Excuse me.
14 SENATOR DOLLINGER: I think -
15 ACTING PRESIDENT KUHL: Calendar
16 Number 982, excuse me. Secretary will read.
17 THE SECRETARY: Calendar Number
18 982, by Senator Saland, Senate Print 2703-C, an
19 act to amend the Vehicle and Traffic Law.
20 ACTING PRESIDENT KUHL: There is
21 a home rule message at the desk.
22 SENATOR PATERSON: Explanation,
23 please.
24 ACTING PRESIDENT KUHL: Senator
25 Saland, an explanation of Calendar Number 982
7178
1 has been requested by Senator Paterson.
2 SENATOR SALAND: Thank you, Mr.
3 President.
4 Mr. President, this is a bill
5 which has been requested by the city of Beacon,
6 the purpose of which is to deal with parking
7 difficulties they're experiencing in the
8 immediate area -
9 ACTING PRESIDENT KUHL: Senator
10 Saland, excuse me just a minute. There's an
11 awful lot of noise in the chamber. It's very
12 difficult for any member, I'm sure, to hear your
13 explanation until we have get some quiet, so if
14 we could have staff who are talking to members
15 take their conversations out of the chamber,
16 members take their seats.
17 Senator Saland, for an
18 explanation.
19 SENATOR SALAND: Thank you, Mr.
20 President.
21 As I mentioned in my earlier
22 remarks, this bill was requested by the city of
23 Beacon in response to parking difficulties that
24 residents are experiencing in the neighborhood
25 of the Metro-North station which is located in
7179
1 Beacon. There is an attempt to allocate spaces,
2 I believe, along the line of an 80/20 formula
3 that some 80 percent of the spaces in the
4 immediately designated area would be available
5 to residents, and some 20 percent would be
6 available to non-residents.
7 I'm assuming that this is a
8 temporary measure in some respects simply
9 because there are plans to expand Metro-North
10 parking in the region, which will probably
11 render this -- the need for this legislation
12 somewhat academic two or three years or so down
13 the road.
14 ACTING PRESIDENT KUHL: Senator
15 Breslin.
16 SENATOR BRESLIN: Thank you, Mr.
17 President.
18 I rise in support of the bill of
19 Senator Saland, as I have supported six previous
20 bills during this session for parking permits
21 with home rule messages. There's also a bill
22 dealing with the city of Albany that's similar
23 in nature, and I would reach out to the members
24 of this body for similar courtesies. It's
25 accompanied by a home rule message. It's
7180
1 accompanied by support from the city of Albany.
2 It's a bill that passed 56 to 1 in this house
3 last year and 56 to 1 in this house the year
4 before last, this same identical bill. So I
5 reach out for you to support the bill of Senator
6 Saland with the hopes that the same could be
7 done for the citizens of the city of Albany.
8 Thank you.
9 ACTING PRESIDENT KUHL: Is there
10 any other Senator wishing to speak on the bill?
11 SENATOR SKELOS: Last section.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 53.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President,
24 there will be an immediate meeting of the
25 Finance Committee in the Majority Conference
7181
1 Room.
2 ACTING PRESIDENT KUHL: Be an
3 immediate meeting of the Finance Committee,
4 immediate meeting of the Finance Committee in
5 Room 332, the Majority Conference Room.
6 Secretary will continue to read
7 the controversial calendar.
8 THE SECRETARY: Calendar Number
9 1541, by Senator Saland, Senate Print 4897-B, an
10 act to authorize Edmund Haase to change the
11 beneficiary of his retirement allowance.
12 SENATOR LEICHTER: Explanation.
13 ACTING PRESIDENT KUHL: Senator
14 Saland, an explanation of Calendar Number 1541
15 has been requested.
16 SENATOR SALAND: Mr. President,
17 this is a bill which attempts to, in effect,
18 enable a Mr. Haase to comply with the prior
19 order of the court pursuant to which he was
20 supposed to have named his wife as the
21 beneficiary of his pension program and
22 apparently for reasons best known to him, he
23 chose to name somebody other than his wife, and
24 I am assuming there's pending under threat of a
25 contempt order, and this -- this measure
7182
1 provides him with the ability to go back and
2 comply with the order of the court, as I believe
3 he may have been required to do pursuant to a
4 separation agreement or court stipulation.
5 There are no expenses associated
6 or fiscal impacts associated with this.
7 SENATOR DOLLINGER: Mr.
8 President, if I'm in order, I had laid the bill
9 aside to ask for an explanation. Through you,
10 Mr. President, if Senator Saland would just
11 answer a couple quick questions.
12 ACTING PRESIDENT KUHL: Senator
13 Saland, will you respond to a question from
14 Senator Dollinger?
15 SENATOR SALAND: Yes, Mr.
16 President.
17 ACTING PRESIDENT KUHL: The
18 Senator yields.
19 SENATOR DOLLINGER: As you know,
20 Senator, we've done a lot of these different
21 pension bills for all different kinds of
22 reasons. This one, the reason why I laid it
23 aside, this was an unusual bill. Is there
24 anything that you're aware of, Senator -- I know
25 you're an attorney -- that would prevent the
7183
1 court from ordering the state department, the
2 retirement system, from making the change?
3 Wouldn't a court order do this without -
4 SENATOR SALAND: The -- we're
5 advised that the retirement system does not have
6 the ability to make a change to enable Mr. Haase
7 to comply with the prior judgment of the court.
8 SENATOR DOLLINGER: Again through
9 you, Mr. President, if Senator Saland will
10 continue to yield.
11 ACTING PRESIDENT KUHL: Senator
12 Saland, do you continue to yield?
13 SENATOR SALAND: Yes.
14 ACTING PRESIDENT KUHL: Senator
15 continues to yield.
16 SENATOR SALAND: If I may
17 continue in response to Senator Dollinger's
18 question, under Section 90, subdivisions (b)
19 (bb) and (c) of the Retirement and Social
20 Security Law he effectively is precluded from
21 doing that by reason of the fact that, again,
22 the retirement people do not have the ability to
23 respond favorably, whether it's to his request
24 or the judgment of the court.
25 SENATOR DOLLINGER: Again through
7184
1 you, Mr. President, if Senator Saland will
2 continued to yield.
3 ACTING PRESIDENT KUHL: Senator,
4 do you yield? Senator Saland, do you continue
5 to yield?
6 SENATOR SALAND: Yes, Mr.
7 President.
8 ACTING PRESIDENT KUHL: Senator
9 continues to yield.
10 SENATOR DOLLINGER: Is this a
11 typical problem encountered in a divorce
12 proceeding, that the designation of the
13 beneficiary of the retirement system is altered
14 or changed?
15 I'm just concerned, Senator, that
16 if we have a rule that restricts the court from
17 complying with decrees from the Court of Appeals
18 with respect to equitable distribution, we have
19 something that stands in the way of the courts
20 being able to equitably distribute New York
21 State pensions, we ought to do something about
22 that on a global scale and not just do it for
23 Mr. Haase, even given the somewhat unique pickle
24 he appears to be in.
25 SENATOR SALAND: I'm advised, as
7185
1 you pointed out in your opening comments, that
2 this is a somewhat unique situation and my
3 understanding is that there is of record no
4 other similar case where this has happened. I
5 do not know the whys and wherefores that led to
6 this gentleman not complying with what he was
7 directed to do, but I am advised that if, in
8 fact, this relief is not afforded him, that he
9 may wind up having to pack his tooth brush and
10 go to distant places.
11 SENATOR DOLLINGER: Again through
12 you, Mr. President.
13 ACTING PRESIDENT KUHL: Senator
14 Saland, you continue to yield?
15 SENATOR SALAND: Yes.
16 ACTING PRESIDENT KUHL: Senator
17 continues to yield.
18 SENATOR DOLLINGER: Do you
19 foresee the possibility that this bill would
20 give rise to other instances in which people
21 undergoing divorces would come to us to allow
22 them to change the designation of beneficiary?
23 I'm concerned because, as you
24 know, we did all those pension bills about
25 people who had mistakes in their pension
7186
1 application process. We still do them but we
2 did create that appeals system, and I'm just
3 wondering whether we should look to creation of
4 a similar system.
5 SENATOR SALAND: I obviously -- I
6 don't think any of us contemplated this
7 particular fact pattern at the time that we did
8 that particular bill that created the
9 mechanism. In my opinion, I would think that in
10 the vast majority, in fact virtually uniformly
11 in all of these cases, either on the advise of
12 counsel or simply because one appreciates the
13 effect of being directed to do so by the court,
14 that the person obligated to make a beneficiary
15 designation in a certain way would, in fact,
16 comply.
17 Now, you were kind enough to
18 refer to me as being an attorney, and yes, I am,
19 but I don't practice as actively as I did up to
20 a few years ago when I did do a bit of
21 matrimonial work. I never ran into this kind of
22 problem in all of my years of doing
23 matrimonials.
24 SENATOR DOLLINGER: Mr.
25 President, on the bill.
7187
1 I accept Senator Saland's
2 description of this. I have a great deal of
3 sympathy for Mr. Haase, and I understand that if
4 we don't pass this bill he may find himself in
5 even a bigger pickle but I -- nonetheless, I'm
6 concerned about opening the flood gates to
7 applications like this and, at least from my
8 perspective, I'm somewhat astounded that the
9 state Supreme Court couldn't issue an order
10 requiring the retirement system to effectuate
11 that change even whether he consents to it or
12 not.
13 Obviously, Mr. Haase now consents
14 to this change because he stands here looking
15 for an individual bill to accomplish it, and I
16 just -- I'm somewhat troubled by it all. I have
17 sympathy for Mr. Haase, and I appreciate Senator
18 Saland coming to his aid but, Mr. President,
19 under the circumstances because I'm worried
20 about opening the flood gates, I'm going to vote
21 in the negative.
22 ACTING PRESIDENT KUHL: Senator
23 Saland, on the bill? No? Any other Senator
24 wishing to speak on the bill?
25 Secretary will read the last -
7188
1 Senator Leichter.
2 SENATOR LEICHTER: Senator
3 Saland, if you'd be so good as to yield.
4 ACTING PRESIDENT KUHL: Senator
5 Saland, do you yield?
6 SENATOR SADLAND: Yes, I may.
7 Yes, I will. May I just, because I didn't
8 respond entirely correctly to one of Senator
9 Dollinger's questions, so would you indulge me.
10 My ever present and effective staff advises me
11 that this request came, not from Mr. Haase but
12 from the former Mrs. Haase's attorney, and that
13 our sympathy should be with Mrs. Haase, not
14 necessarily Mr. Haase. I'm sorry, Senator
15 Leichter.
16 SENATOR DOLLINGER: (Inaudible
17 comment. )
18 SENATOR LEICHTER: I have
19 listened to you answering Senator Dollinger's
20 question, maybe not as carefully as I should
21 have, and if you answered then I apologize, but
22 are you telling us that if Mr. Haase now says to
23 the retirement board, wherever these papers are
24 to be filed, I designated somebody else. That
25 was in error. It wasn't only an error, it was
7189
1 in violation of a court order, and in view of
2 that, I attach a copy of the court order. I am
3 now designating whoever he was initially
4 supposed to designate. You're saying that the
5 board cannot accept that?
6 SENATOR SALAND: We're apprised
7 both by counsel and by the board that, because
8 Mr. Haase is already retired, that he cannot do
9 that.
10 SENATOR LEICHTER: Even with a
11 court order appended?
12 SENATOR SALAND: That's what
13 we've been advised, Senator Leichter.
14 ACTING PRESIDENT KUHL: Any other
15 Senator wishing to speak on the bill? Hearing
16 none, the Secretary will read the last section.
17 THE SECRETARY: Section 3. 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 54.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
7190
1 1543, by Senator Holland, Senate Print 5047-B,
2 an act to amend the Retirement and Social
3 Security Law.
4 SENATOR LEICHTER: Explanation.
5 ACTING PRESIDENT KUHL: Senator
6 Holland, an explanation of Calendar Number 1543
7 has been requested by Senator Leichter.
8 SENATOR LEICHTER: Yes, Mr.
9 President. This bill would allow the county of
10 Rockland to adopt at their option a 20-year
11 retirement plan for detective investigators
12 within the office of the district attorney.
13 Last section.
14 SENATOR LEICHTER: I just want to
15 read the fiscal note.
16 ACTING PRESIDENT KUHL: For the
17 benefit of the members, there is a home rule
18 message at the desk.
19 SENATOR LEICHTER: Right, and -
20 ACTING PRESIDENT KUHL: Senator
21 Leichter, do you have a question?
22 SENATOR LEICHTER: Senator
23 Holland, I'm just looking quickly at the fiscal
24 note. I see there is no expense to the state of
25 New York, is that right?
7191
1 SENATOR HOLLAND: Yes, sir.
2 SENATOR LEICHTER: All the costs
3 will be borne by the county of Rockland?
4 SENATOR HOLLAND: Yes, sir.
5 ACTING PRESIDENT KUHL: Secretary
6 will read the last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 54.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1552, by Senator Trunzo, Senate Print 5694, an
17 act to amend Chapter 582 of the Laws of 1996.
18 SENATOR SKELOS: Lay that aside
19 for amendment, please.
20 ACTING PRESIDENT KUHL: Lay the
21 bill aside for amendment.
22 THE SECRETARY: Calendar Number
23 1553, by the Assembly Committee on Rules,
24 Assembly Print 8553, an act to amend Chapter 548
25 of the Laws of 1995.
7192
1 SENATOR DOLLINGER: Explanation.
2 ACTING PRESIDENT KUHL: Senator
3 Marcellino, an explanation has been requested of
4 Calendar Number 1553 by Senator Dollinger.
5 SENATOR MARCELLINO: Thank you,
6 Mr. President.
7 Mr. President, this legislation
8 would extend for two years the Department's
9 authority to use sweepstakes to increase
10 subscribers for its magazine, The
11 Conservationist.
12 ACTING PRESIDENT KUHL: Senator
13 Dollinger.
14 SENATOR DOLLINGER: Could Senator
15 Marcellino yield to a question, Mr. President.
16 ACTING PRESIDENT KUHL: Senator
17 Marcellino, do you yield to a question from
18 Senator Dollinger?
19 SENATOR MARCELLINO: Sure, I will.
20 ACTING PRESIDENT KUHL: Senator
21 yields.
22 SENATOR DOLLINGER: Again, Mr.
23 President, I apologize, I just saw this bill for
24 the first time. Could you just tell me what the
25 sweepstakes are. We're just running a little
7193
1 game of inducement to have people sign up for a
2 magazine that we publish and that the taxpayers
3 pay for that we make no profit on?
4 SENATOR MARCELLINO:
5 (Inaudible-background conversation)*** within
6 the Department. The magazine, due to increasing
7 costs of production, has been costing more and
8 more to the Department which is required to
9 publish this magazine. It is an award winning
10 magazine, as you know, if you have read it, has
11 received worldwide and nationwide acclaim.
12 The idea of the sweepstakes is
13 they put a little card in there, say that to
14 increase subscribers to the magazine to kind of
15 offset the cost of the production. As a result
16 of these sweepstakes, these prices are donated,
17 not paid for but donated. The reward for the
18 donation is an ad placed in the magazine for the
19 company donating the prices, is limited to a
20 cost of $250 and no more. This has been ongoing
21 for the past two years. We're renewing the
22 process again. It has been a successful means of
23 increasing subscribership to this magazine and
24 thus offsetting cost.
25 SENATOR DOLLINGER: Explanation
7194
1 satisfactory.
2 ACTING PRESIDENT KUHL: Secretary
3 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 54.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1554, by member of the Assembly Weinstein,
14 Assembly Print 6619-C, an act to amend the
15 Uniform Commercial Code Act.
16 SENATOR LEICHTER: Explanation.
17 ACTING PRESIDENT KUHL: Senator
18 Lack, an explanation of Calendar Number 1554 has
19 been requested by Senator Leichter.
20 SENATOR LEICHTER: Thank you, Mr.
21 President.
22 This is passage of a new revised
23 Article 8 of the Uniform Commercial Code. It's
24 been passed by the Assembly, is supported by the
25 Governor. The majority of states in the United
7195
1 States have passed it. It's suggested by the
2 Uniform Laws Commissioner and is now before the
3 Senate for passage. It's not here haphazardly.
4 It's, in one version or another, something that
5 my staff and the Assembly staff of the Judiciary
6 Committee have been working on for probably
7 close to three years.
8 SENATOR LEICHTER: If Senator
9 Lack would yield, please.
10 ACTING PRESIDENT KUHL: Senator
11 Lack, would you yield to questions from Senator
12 Leichter?
13 SENATOR LACK: Sure.
14 ACTING PRESIDENT KUHL: Senator
15 yields.
16 SENATOR LEICHTER: Senator, has
17 this particular bill been reviewed by the
18 Association of the Bar, other bar associations,
19 do you have any memos by those associations?
20 SENATOR LACK: I don't know if we
21 have any memos, Mr. President, from the
22 Association of the Bar, memos per se. They did
23 issue a formal report. They've held, oh, if I
24 said 30 maybe it would be inaccurate, but
25 somewhere around there, meetings with my staff
7196
1 and Assembly Judiciary staff and have issued a
2 report strongly -- strongly in favor of it.
3 Both the Assembly and we had a
4 number of problems, which is why we've held this
5 for a year or two. We basically changed the
6 precatory language and not the article itself.
7 After all, we're dealing with the Uniform
8 Commercial Code and uniformity is what one seeks
9 throughout the country. We're putting this
10 Article 8 out as is. New York is somewhat
11 different than some other states in terms of a
12 notation that's used with articles in the
13 Uniform Commercial Code, so there is some
14 precatory language which explains in terms of
15 the transferability of -- you like that, huh? -
16 transferability of investment securities and how
17 it should be handled.
18 Because it is Article 8, Mr.
19 President, there is intense interest since the
20 major security markets are here that New York
21 enact this legislation at this time.
22 SENATOR LEICHTER: Mr. President.
23 ACTING PRESIDENT KUHL: Senator
24 Leichter.
25 SENATOR LEICHTER: If Senator
7197
1 Lack will continue to yield.
2 Senator Lack, one of my concerns
3 is the impact that this may have on securities
4 that reflect ownership in cooperative apartment
5 buildings. As you know, a regular practice has
6 sprung up as to how these securities are handled
7 and dealt with, and how they can be put up for
8 collateral, and so on.
9 Does this bill change any of
10 that?
11 SENATOR LACK: No.
12 SENATOR LEICHTER: Does it apply
13 to shares in cooperative apartments?
14 SENATOR LACK: I -- only to the
15 extent that those types of shares wherever sold
16 for investment purposes as part of companies
17 that in and by themselves might exist with their
18 own shares of stock for the purchase or
19 otherwise, or other hypothecation of real estate
20 but if you're talking about your selling your
21 co-op, no.
22 SENATOR LEICHTER: O.K. Thank
23 you.
24 ACTING PRESIDENT KUHL: Secretary
25 will read the last section.
7198
1 THE SECRETARY: Section 29. This
2 act shall take effect on the 30th day.
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 THE SECRETARY: Calendar Number
10 1555, by Senator Rath, Senate Print 5713, an act
11 to amend the Real Property Tax Law.
12 SENATOR LEICHTER: Explanation.
13 SENATOR SKELOS: Lay it aside
14 temporarily.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside temporarily.
17 Senator Skelos, that completes
18 the reading of the controversial calendar.
19 SENATOR SKELOS: Mr. President,
20 is there any housekeeping at the desk?
21 ACTING PRESIDENT KUHL: There's
22 nothing.
23 SENATOR SKELOS: Then we'll stand
24 at ease pending the report of the Finance
25 Committee.
7199
1 ACTING PRESIDENT KUHL: Senate
2 will stand at ease pending the report of the
3 Finance Committee.
4 (The Senate stood at ease at 3:45
5 p.m.)
6 SENATOR SKELOS: Mr. President,
7 if we could return to the supplemental calendar
8 and call up Calendar Number 1555, please.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the title to Calendar Number 1555,
11 it's on Supplemental Calendar 63-A.
12 THE SECRETARY: Calendar Number
13 1555, by Senator Rath, Senate Print 5713, an act
14 to amend the Real Property Tax Law.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the same date as a
19 chapter of the laws of 1997.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 54.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
7200
1 SENATOR SKELOS: Senate will
2 stand at ease.
3 ACTING PRESIDENT KUHL: Senator
4 Dollinger, why do you rise?
5 SENATOR DOLLINGER: Mr.
6 President, I had spoken with Senator Saland and
7 announced my intention to vote negative -- in
8 the negative on Calendar Number 1541. I
9 understand I was recorded in the affirmative.
10 I'd ask for unanimous consent to be recorded in
11 the negative on that bill.
12 ACTING PRESIDENT KUHL: Without
13 objection.
14 SENATOR DOLLINGER: Thank you,
15 Mr. President.
16 ACTING PRESIDENT KUHL: Hearing
17 no objection, Senator Dollinger will be recorded
18 in the negative on Calendar Number 1541.
19 (The Senate stood at ease.)
20 ACTING PRESIDENT KUHL: Senate
21 will come to order. Ask the members to take
22 their places, staff to take their places. If
23 it's necessary to have a conversation, please
24 have the conversation outside the chamber.
25 Senator Skelos.
7201
1 SENATOR SKELOS: Mr. President,
2 if we could return to reports of standing
3 committees, I believe there is a report of the
4 Finance Committee at the desk. I ask that it be
5 read.
6 ACTING PRESIDENT KUHL: We'll
7 return to the order of reports of standing
8 committees. I'll ask the Secretary to read the
9 report of the Senate Finance Committee.
10 THE SECRETARY: Senator Stafford,
11 from the Committee on Finance, offers up the
12 following bills:
13 Senate Print 702-B, Budget Bill,
14 an act making appropriation for the support of
15 government;
16 Senate Print 703-B, an act making
17 appropriation for the support of government
18 Transportation/Economic Development;
19 Senate Print 5761, by the
20 Committee on Rules, an act in relation to
21 appropriations;
22 Senate 5762, by the Committee on
23 Rules, an act to amend the State Finance Law;
24 Senate Print 5763, by the
25 Committee on Rules, an act in relation to
7202
1 appropriations made by the chapters of the laws
2 of 1997; and
3 Senate Print 5764, by the
4 Committee on Rules, an act to amend the State
5 Finance Law, in relation to the Environmental
6 Protection Fund Restoration Act.
7 All bills ordered directly for
8 third reading.
9 ACTING PRESIDENT KUHL: Motion is
10 to accept the report of the Finance Committee.
11 All those in favor signify by saying aye.
12 (Response of "Aye.")
13 Opposed nay.
14 (There was no response.)
15 The Finance Committee is -- the
16 report is adopted. The bills are ordered
17 directly to third reading.
18 Chair recognizes Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 would you call up Calendar 1556.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the title of Calendar 1556, Senate
23 Print 702-B.
24 THE SECRETARY: Calendar Number
25 1556, Budget Bill, Senate Print 702-B, an act
7203
1 making appropriations for the support of
2 government.
3 ACTING PRESIDENT KUHL: Senator
4 Skelos.
5 SENATOR SKELOS: Mr. President,
6 is there a message of necessity at the desk?
7 ACTING PRESIDENT KUHL: There
8 is.
9 SENATOR SKELOS: Move to accept.
10 ACTING PRESIDENT KUHL: The
11 motion is to accept the message of necessity
12 which is at the desk. All those in favor of
13 accepting the message of necessity signify by
14 saying aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response. )
18 The message is accepted. The
19 bill is before the house. Secretary will read
20 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. )
7204
1 ACTING PRESIDENT KUHL: Record
2 the negatives and announce the results.
3 THE SECRETARY: Ayes 53, nays
4 one, Senator Dollinger recorded in the
5 negative.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 Senator Skelos.
9 SENATOR SKELOS: Would you call
10 up Calendar Number 1557, please.
11 ACTING PRESIDENT KUHL: Secretary
12 will read the title of Calendar Number 1557,
13 Senate Print 703-B.
14 THE SECRETARY: Calendar Number
15 1557, Senate Print 703-B, Budget Bill, an act
16 making appropriations for the support of
17 government.
18 SENATOR SKELOS: Mr. President,
19 is there a message of necessity at the desk?
20 ACTING PRESIDENT KUHL: There is.
21 SENATOR SKELOS: Move to accept.
22 ACTING PRESIDENT KUHL: Motion is
23 to accept the message of necessity on Calendar
24 Number 1557. All those in favor signify by
25 saying aye.
7205
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response.)
4 The message is accepted. The
5 bill is before the house. Secretary will read
6 the last section.
7 SENATOR LEICHTER: Explanation.
8 ACTING PRESIDENT KUHL: Senator
9 Stafford -- Senator Stafford, an explanation of
10 Calendar Number 1557, Senate Print 703-B, has
11 been requested by Senator Leichter.
12 SENATOR STAFFORD: Mr. President,
13 ladies and gentlemen, we're now to embark on the
14 budget bills. Please fasten your seat belts and
15 come fly with me.
16 Mr. President, on a serious note,
17 Senate 703-B is the part of the budget that
18 contains appropriation for Transportation,
19 Economic Development and Environmental
20 Conservation. It also includes Agriculture and
21 Markets. I'll go into detail in a minute,
22 Science and Technology Foundation; Energy
23 Research and Development Authority; I said
24 Environmental Conservation, Environmental
25 Facilities Corporation; the Division of Housing
7206
1 and Community Renewal; the Housing Finance
2 Agency; state of New York Mortgage Agency; Long
3 Island Power Authority; the Olympic Regional
4 Development Authority; Parks, Recreation and
5 Historic Preservation; Public Service
6 Commission; the Racing and Wagering Board;
7 Thruway Authority; Niagara Frontier
8 Transportation Authority; Statewide Energy
9 Improvement and the Northeastern Queens Nature
10 and Historic Preservation Commission.
11 In the Agriculture and Markets
12 Department, I could go into more detail, but
13 just to go very, very quickly, highlights -- be
14 glad to obviously answer any questions -- the
15 Wine and Grape foundation, 100,000; Quality Milk
16 Production, $329,200; Agriculture in the
17 Classrooms, 30,000 -- that I think is very good.
18 I think that's a real step in the right
19 direction. Some of us would maybe chuckle at
20 this, but I mention it because I know I laughed
21 the first year I was here. It's called the
22 Golden Nematode Program, but that's a very, very
23 serious problem we have in potatoes in this
24 country, and each year there is a specific
25 promotion to keep that program going to make
7207
1 sure that we don't have another outbreak.
2 In 1946, we had an outbreak of
3 the blight in potatoes up in our area, in the
4 North Country, and believe it or not 82 percent
5 of the crop was wiped out that quick, so that's
6 what the appropriation is for.
7 But again to continue here the
8 Marine Resources Product Council, avian disease
9 program is good, that's analogous to what I
10 mentioned and there are other programs here
11 which I could go on, which I won't.
12 Economic development, we're
13 adding 1.2 million to the economic development
14 zone program which I think has been relatively
15 successful, adding an additional 750,000 for
16 tourism matching grants program. Everyone
17 always says we're the one, or I'm the one that
18 started that program. Interestingly enough, I
19 give the credit to the Essex County regional -
20 or not regional, the Essex County tourism
21 director who came up with that proposal about 20
22 years ago. The program has been relatively
23 successful.
24 Let's move on to the
25 Environmental -- there are others here that I
7208
1 mentioned, but let's move on here to the
2 Environmental Conservation portion of the budget
3 and we could mention many, many areas in this
4 Department but let's mention the coast -- the
5 Coast, Clean Oceans and Shore Trust which is
6 important to people in this county or this house
7 and to the state. There are many others here
8 that I won't mention specifics.
9 Obviously, the operation of the
10 Department, I think that we've all seen a real
11 fine direction in that Department. It isn't
12 always exactly what we want to hear. I assure
13 you I'm no exception to that, but on the other
14 hand, they have a mission, a very serious
15 responsibility, and I suggest that it's being
16 fulfilled.
17 The solid waste program, and
18 Parks and Recreation and Historic Preservation
19 account -- is that a separate department or is
20 that part of the Environmental Conservation?
21 Part -- that is the Division of Parks and
22 Recreation. It is? All right, fine.
23 And to continue, Mr. President,
24 as I say, I'll be glad to answer any questions,
25 the Division of Housing and Community Renewal I
7209
1 mentioned, and there are some other authorities
2 that I mentioned.
3 Mr. President, before I conclude
4 because this is the opening discussion for this
5 budget, I'm one who, as you know, after being
6 here a number of years, I would be the first to
7 suggest that there are areas where we can
8 improve. There are 211 of us here in the
9 Legislature, and we all wish that each one of us
10 could do just what he or she wanted to do.
11 I have found that that is not
12 impos... that is not possible, as we all know,
13 and we have to have the system we have. I say
14 we have to; we have a good system, I would
15 suggest. We have the leaders, they have their
16 constituency, that's us. We have them put to
17 them and then they meet with the Governor. It
18 would be nice that if we could have a true
19 democracy like Sparta in Athens but that didn't
20 work, and I suggest that it wouldn't work with
21 211 of us sitting down. It just would not be
22 feasible. It would not be sensible.
23 Mr. President, this budget I
24 think is a good budget. I assure you, as
25 Senator Bruno stated very clearly here today, he
7210
1 said he started off, one of the things he said
2 today, I want to make it very clear that
3 everything everybody wants in this budget is not
4 in here, and I think that's an understatement,
5 but I think it tells that we all aren't going to
6 get everything we want and exactly what we think
7 should be there.
8 Overall I think it's sound. I
9 would suggest that the budget is balanced. I'll
10 have a little bit more to say about that in the
11 coming days. I remember Earl Brydges stood up
12 about 30 years ago and he asked that some of
13 these authorities -- by "authorities" I don't
14 mean public authorities, that some of these
15 people that stand up and start telling us what
16 our budget is, what it isn't, whether it's
17 balanced, whether it isn't, what should be this,
18 what should be that, and being experts, I
19 suggest maybe we better look and see exactly how
20 did they become experts and why do we have to
21 listen to them more than those who are working
22 in this day in and day out.
23 I would suggest too, that we
24 should emphasize each year (Telephone rings) -
25 must have said something wrong -- yes? I guess
7211
1 not, but I would suggest, Mr. President, that
2 overall with the complex state that we have,
3 with areas that have interests which are 180
4 degrees sometimes apart, and then it's very
5 interesting, when you sit down and get people
6 talking and really analyzing, very often we
7 aren't as far apart as we think we are.
8 I think overall, it's something
9 that we can be proud of. I think that you will
10 find that it's sound. I'm very willing to stand
11 here and discuss with pride the work that's been
12 done by the Senate, by the Assembly, and by the
13 Governor and his people.
14 ACTING PRESIDENT KUHL: Senator
15 Leichter.
16 SENATOR LEICHTER: Mr. President,
17 if Senator Stafford would yield. Senator, I'm
18 just -
19 ACTING PRESIDENT KUHL: Senator
20 yields.
21 SENATOR LEICHTER: I'm just
22 overcoming the disappointment of hearing you say
23 that not everything I wanted is in this bill,
24 but I guess I'll have to deal with it. As you
25 point out all of us will have to deal with it.
7212
1 SENATOR STAFFORD: Well, even
2 though it's hard, you'll find that it obviously
3 doesn't satisfy everyone completely but yet it's
4 the best, in some people's eyes. This I'm sure
5 will be the best in some people's eyes and will
6 be, you know exactly what I'm saying.
7 SENATOR LEICHTER: Well, Senator,
8 I think what's true of all of us, whatever
9 school we came from is we always strive to
10 achieve the best. I know certainly that's true
11 of you, and I'd like to just ask a couple
12 questions to see whether we've necessarily
13 achieved the best.
14 One of the difficulties we have
15 these days, Senator, is the process has evolved
16 and you and I have been here long enough to
17 remember when you get a Green Book and while you
18 might not have had a great deal of time to look
19 at the budget bills once they were printed, you
20 at least had some time and you also had the
21 Green Book to look at, and in my experience
22 there were many more conferences to keep members
23 informed.
24 Yesterday, there was an AP story
25 where, not in our house, in the Assembly, a memo
7213
1 went out to all the staff saying don't discuss
2 the budget negotiations with any of the
3 members. I think unfortunately we find our
4 selves more and more where the budget process
5 has become such a closed activity that by the
6 time we get here to vote on it, we usually vote
7 on it more out of frustration and -- and
8 exhaustion than any real enthusiasm for the
9 budget, not to speak of any knowledge.
10 So I just want to ask you a
11 couple questions so to see that I have some
12 rudimentary idea of what's in this budget.
13 SENATOR STAFFORD: Would the
14 Senator yield?
15 ACTING PRESIDENT KUHL: Senator
16 Leichter, do you yield to a question from
17 Senator Stafford?
18 SENATOR LEICHTER: Yes, I will.
19 ACTING PRESIDENT KUHL: Senator
20 yields.
21 SENATOR STAFFORD: I think,
22 wouldn't you agree -- I don't know about any
23 memos that went out in the Assembly, but I do
24 want to defend the present leadership here in
25 the house. I -- in this house. I've been here
7214
1 now, I remember when you were in the Assembly
2 and -- I remember when you were with Moe
3 Weinstein.
4 On a serious note, I just would
5 like to, I'm just saying I think that the people
6 want to be involved. I just want to suggest
7 that -- I won't interrupt again -- I would
8 suggest that this leader and the leadership in
9 this house has been open. That's my opinion,
10 but go ahead.
11 SENATOR LEICHTER: Well, Senator,
12 as you rightly pointed out that memo occurred to
13 the practice that occurred in the Assembly, or
14 at least that's what the story says. I have no
15 personal knowledge.
16 SENATOR STAFFORD: Didn't fly too
17 well either.
18 SENATOR LEICHTER: Well, I don't
19 think it made people happy. I wouldn't think
20 so, but, Senator, my observation is, and you're
21 right, I've been here a long time -- some people
22 say too long -- but certainly the process has
23 become far more closed.
24 Now, I'm pleased that you can get
25 up here and say that anybody that wants to be
7215
1 involved can be involved, and I'm delighted to
2 know that you were involved because I happen to
3 have, and I say this sincerely, a lot of respect
4 for the things that you do, and I think it helps
5 to have people like Senator Stafford involved,
6 Senator Marchi involved, Senator Gold involved,
7 and so on.
8 By and large, I don't think
9 that's been the practice, but in any event let
10 me ask you just to get an idea as to the budget,
11 as to the appropriation for the Department of
12 Environmental Conservation, and I know that's of
13 concern of all of us but particularly a concern
14 of you because you represent that great area of
15 the state known as the Adirondacks where the DEC
16 plays such an important role.
17 What changes were made in the
18 overall appropriations for the Department of
19 Environmental Conservation in the fiscal year
20 '97-98 by this bill as compared to 1996-1997?
21 SENATOR STAFFORD: I'll get you
22 that answer. I think in fall fairness that I
23 should have that in front of me. I've been here
24 long enough to tell you when I haven't got it in
25 front of me, I don't but I'll get it.
7216
1 SENATOR LEICHTER: O.K. Senator,
2 I appreciate this, because I think what
3 unfortunately has happened and either somebody
4 who holds your position, one of the most
5 important positions in this house and in this
6 Capitol, that information is just not
7 available. You used to have the Green Book and
8 that made it very easy at least to get
9 comparisons which were meaningful and gave
10 members a better idea.
11 SENATOR STAFFORD: There -- I
12 said, and I understand that I was relatively
13 accurate, but I didn't have it right in front of
14 me, but I understand that the appropriation
15 increases about five percent. Also I would
16 point out that the initial budget that was
17 proposed by the Governor is supported here and
18 we've had that since he submitted his budget and
19 also we have had a number of adds that have
20 increased what was initially -- initially
21 proposed. There is additional funding.
22 SENATOR LEICHTER: Thank you.
23 Thank you, Senator Stafford. If you would be
24 good enough to continue to yield. Do you know
25 whether there's been an increase, as we were
7217
1 told there would be, in the number of
2 enforcement officials of the Department of
3 Environmental Conservation?
4 SENATOR STAFFORD: The Department
5 has been very cooperative and, of course, I've
6 been one who, there are different areas here of
7 enforcement, some is in the area that you were
8 just mentioning up in my area, when it comes to
9 fish and wildlife and the environment. Of
10 course, these officials in other areas of the
11 state have the additional -- have the overall
12 responsibility you're asking about and the
13 answer I'm assured that there is -- there is
14 going to be -- I know it's something the
15 Commissioner is looking at. The answer is yes.
16 SENATOR LEICHTER: That we have
17 an increase in the number of -
18 SENATOR STAFFORD: That was
19 something that both the Senate and the Assembly
20 and the Governor's people all agreed and were
21 very anxious that that be the case.
22 SENATOR LEICHTER: O.K. Senator,
23 could you -- if you would continue to yield.
24 SENATOR STAFFORD: By all means.
25 SENATOR LEICHTER: Along the same
7218
1 lines, the Department of Environmental
2 Conservation, one of the questions and issues
3 that we've had in this state is the
4 effectiveness of the enforcement actions that
5 the Department needs to take and besides having
6 enforcement officers, they need hearing
7 officers, they need people to process
8 complaints, they need investigators.
9 As you know, we face a serious
10 problem in this state, as do other states in
11 cleaning up the environment. I think we've made
12 some progress. We want to make more progress.
13 One of the issues that's been a concern to me
14 and other people has been to beef up that whole
15 enforcement mechanism of the Department. Do you
16 know whether that's provided in this budget?
17 SENATOR STAFFORD: Yes, yes, it
18 is, and the interesting -- we also have to keep
19 our sense of humor, to point out that one man's
20 ceiling is another man's floor. There's, I'm
21 sure, support in here for some enforcement that
22 you would be in favor of, and possibly I would
23 say, well, maybe we've had enough. We can't all
24 agree completely on this. I know exactly what
25 you're saying, and in all candor I can't speak
7219
1 for the Commissioner but I think the
2 Commissioner thinks along the lines that you're
3 asking me.
4 SENATOR LEICHTER: Thank you,
5 Senator, and I also want to say if you can keep
6 your sense of humor being up here on an August
7 week end doing the budget, you're a greater man
8 than I am by far.
9 SENATOR STAFFORD: You have to be
10 a people person.
11 SENATOR LEICHTER: Thank you.
12 But, Senator Stafford, if I could just ask you
13 some more questions on this budget.
14 The Department of Transportation.
15 SENATOR STAFFORD: Right.
16 SENATOR LEICHTER: Can you give
17 us a comparison of the appropriation as compared
18 to the last fiscal year.
19 SENATOR STAFFORD: We've restored
20 funding for a number of areas that many of us
21 were very interested in, and I think that this
22 requires -- deserves a bit of a more detailed
23 answer. It's always very sensitive when there
24 are problems; it's always not easy when some of
25 us feel rather strongly about certain areas of
7220
1 the state's responsibility and, of course, right
2 here I'm talking about transportation, and I
3 know many members here have been very concerned,
4 in fact one of my close friends here in the
5 Senate walked up to me and said to me, when the
6 Commissioner was being confirmed, "I want to
7 talk to him." Well, I said, "You can; no better
8 time than now," and I took him in the office and
9 they talked together.
10 My point is, I think they were
11 going to find that administration in the
12 Department, as we mentioned when the gentleman
13 was confirmed, responsive, realizing we need
14 some changes, realizing we need some planning,
15 realizing we need some answers when we ask
16 questions and realizing that it is a very
17 complex department with very, very awesome
18 responsibilities; but we felt there should be
19 some changes and some improvements, and I think
20 we will see it.
21 There is additional funding for
22 transit operations in all areas of the state -
23 "transit", of course, meaning public
24 transportation. I think that we will find that
25 this is responsive, and I think we'll have a
7221
1 leadership in the Department that will also be
2 responsive.
3 SENATOR LEICHTER: Mr. President,
4 Senator, if you continue to yield.
5 I appreciate everything that
6 you've said, and -- and I want to associate
7 myself with what -- with a lot that you've said,
8 but it still doesn't give us the figures and, of
9 course, irrespective of what the intentions are,
10 your intentions, my intention, the Governor's
11 intention, the whole idea of a budget is to be
12 able to look at figures, understand figures and
13 say, Well, you said you were going to improve
14 administration. Now, I see that you've got a
15 reduction in staff. How are you going to be
16 able to accomplish that?
17 I'm not saying there's a
18 reduction in staff here, but I'm saying that we
19 need to be told more than the general aims and
20 goals. We ought to have a chance now that we
21 have the budget before us, to have some idea as
22 to, well, is the money there, have they put the
23 money -
24 SENATOR STAFFORD: I would share
25 also, it's a very fair -- it's a very fair
7222
1 question. Your point is very, very well taken.
2 There is 36 million additional for maintenance
3 and operation, and that's something that you're
4 very interested as I am, and there's 6 million
5 additional for transit operations. I think
6 that's important. Those are exact figures.
7 Now, I could go over detailed figures with you
8 if you want me to.
9 SENATOR LEICHTER: Well, that's
10 helpful because here we have something concrete,
11 something somebody can look at and say, well,
12 they said they were going to improve
13 administration, and, look, they put in $36
14 million more. Some may say it's not enough;
15 some may say, well, you didn't even need that
16 much, but the point is we see a relationship, a
17 correlation between money and what were
18 promises, and I thank you for that answer.
19 Let me ask you, Senator Stafford,
20 because we referred previously to the Green Book
21 because and you remember, and I'm sure you
22 agreed with me it was very valuable. In fact,
23 it was put out by the financial committees of
24 the two houses. Is there any intention to put
25 out a Green Book this year, even though it will
7223
1 be after the fact?
2 SENATOR STAFFORD: Yes.
3 SENATOR LEICHTER: Thank you.
4 And do you know when this will be done?
5 SENATOR STAFFORD: Well,
6 actually, this -- I think this is a very good
7 point, and I supported it. We decided to put
8 out this document when the last appropriation
9 bill is passed. Then we'll have exactly what we
10 did. And we can sort of use that as our Bible.
11 Now, here's what I found when we
12 did it earlier before the bill is passed. We
13 had a book, but it was not into law yet. You
14 never know for sure until the last section is
15 read and due to the fact that we wanted to have
16 an accurate Green Book, an accurate -- shouldn't
17 use the term "Bible", but you know, you know
18 what I'm saying, so we would have accurate
19 information, we decided that we would put this
20 out, and this was a joint decision when the
21 final budget is passed.
22 SENATOR LEICHTER: Well, Senator
23 Stafford, I think there's nothing wrong with
24 referring to it as a Bible, because Bible, I
25 think, in common language means a book to guide
7224
1 you.
2 SENATOR STAFFORD: Right.
3 SENATOR LEICHTER: This is -- you
4 know, it's helpful to have the Bible before you
5 do certain acts to avoid maybe doing something
6 you shouldn't. I would say it's very helpful to
7 have this Bible in advance so that people can
8 look and understand comparisons between fiscal
9 years, see changes that are made. As you know,
10 it's very rare that a budget that the leaders
11 have come out with is then not acted on, but
12 there's certainly nothing wrong in saying this
13 is the Green Book as if you want to compare
14 these bills, and if there are changes, then you
15 come out with another Green Book but I would
16 strongly urge you to go -- to revert to the
17 practice which I think of was helpful to the
18 members who serve here both in the Senate and
19 Assembly to have a Green Book to let us know
20 what the changes are so that we could try to
21 deal with the budget in a more knowledgeable
22 manner than we're doing at the present time.
23 SENATOR STAFFORD: I understand.
24 SENATOR LEICHTER: Senator, let
25 me ask you. I see there's a lot of items in here
7225
1 that fall under the category of what's become
2 known as member items. Do you know what the
3 total sum of that is, just in this bill?
4 SENATOR STAFFORD: Approximately
5 in this bill would be -- once again, I've -- you
6 know, I'm going to share something with you.
7 Member items, anything we pass in the
8 Legislature is a member item. We're all here -
9 now, wait, I want to be serious for a minute.
10 The -- we -- I've served here under one, two,
11 three, four, five, Governors and we have -- we
12 use that term now, I think, rather loosely,
13 rather loosely. There are initiatives, no
14 question about it, but really, I think we
15 sometimes are willing to say this is a member
16 item, that's a member item.
17 Very often, things are
18 appropriated in a district that the legislator
19 may not have that much even to do with, but it's
20 in his or her district, so then automatically
21 it's a member item.
22 Now, all I'm saying is there are
23 items that affect every district in this state,
24 and I myself, I -- as far as member items that
25 -- I know I've been given a figure now that I
7226
1 will give you because I respect you and I know
2 what you're asking, but we could argue that some
3 of these aren't member items. It depends on how
4 we define them. We could argue that we are,
5 like I'm sure that I could say to someone on
6 your side, This is in your district and it's a
7 member item and they'll laugh at it because they
8 didn't have probably any more input on it than I
9 did on some things that are done in my district
10 that are done professionally that I support.
11 You hear what I'm saying, but the answer is $15
12 million.
13 SENATOR LEICHTER: $15 million
14 total, Senate and Assembly?
15 SENATOR STAFFORD: Yes.
16 SENATOR LEICHTER: Thank you. In
17 this particular bill.
18 SENATOR STAFFORD: Right.
19 SENATOR LEICHTER: Thank you.
20 Among the items that are member items, and
21 Senator, I understand there are on a
22 philosophical basis, I would have to agree with
23 you as to the difficulty of drawing distinctions
24 and -- but as far as the process goes whereby
25 the two houses divide up a certain sum of money
7227
1 and how the individual members make designation,
2 I think the process tells us what are member
3 items.
4 Now, within that particular
5 process that I've referred to, I see there's a
6 appropriation here of $100,000 for Carnegie Hall
7 which I'm delighted to see. My question is,
8 there was a discussion, or I shouldn't say
9 discussion, at least I read in the paper that
10 there was a discussion among the leaders of a
11 program to help cultural resources, institutions
12 throughout the state.
13 Does that reflect -- does this
14 appropriation for Carnegie Hall reflect a part
15 of a program of assistance to cultural
16 institutions, or is this just a member item, as
17 I believe it is?
18 SENATOR STAFFORD: I -- there is
19 such a program that you're referring to. Within
20 the last few years, I was at Carnegie Hall and
21 heard the Boston Symphony, Mr. Ozawa
22 conducting. Also before that about a year, not
23 that long ago I was there, Maestro Rostepovich
24 gave a concert, and both performances just
25 about as impressive, and I'm from an area of the
7228
1 state that we don't have that. I mean you're
2 from -
3 SENATOR LEICHTER: I'm from
4 Wadhams where we have the Metamount Music
5 School. We have some very fine music in the
6 North Country, as you know, and you support it.
7 SENATOR STAFFORD: Well, you
8 know, as I said, you know, we're visiting here
9 and we're keeping our sense of humor. This
10 100,000 is for operating expenses to keep this
11 institution viable, and I'm just mentioning two
12 performances that I attended. I mean it's a
13 jewel. It's something that ranks with
14 Salzburg. I could go all over the world, it's
15 just unbelievable the talent and the opportunity
16 our people have, and I certainly am more than
17 willing to support the funding for this, and
18 people from all parts of the state and nation
19 and world, Senator, are beneficiaries in my
20 opinion.
21 SENATOR LEICHTER: Senator, I
22 couldn't agree more but, but am I correct that
23 that $100,000 appropriation I see here is what
24 would be characterized as a member item and is
25 not part of any overall program of aid to
7229
1 cultural institutions?
2 SENATOR STAFFORD: Senator, once
3 again, I'm -- I'm going to state this
4 emphatically that you are second to none in
5 intelligence, and I'm not going to insult your
6 intelligence mainly because I don't have the
7 ability to, but I want to share with you that I
8 could argue that, yes, this is part of an
9 overall program and, for instance, and times the
10 Depot Theatre in Westport which all you have to
11 do is go down diagonally toward the Northway
12 from Wadhams. Excuse me, I'm going back to the
13 Northway. No, go the other way to Westport, and
14 that has had support, I think every one
15 benefits, people from all over the nation.
16 SENATOR LEICHTER: The New York
17 State Council for the Arts.
18 SENATOR STAFFORD: So I think -
19 well, and I think this is the same type of
20 support. I don't mean to say that Depot Theatre
21 is Carnegie Hall. On the other hand, it doesn't
22 get the same support that Carnegie Hall gets
23 either, but I am not willing to say this isn't
24 an overall program. It's important activities
25 and programs that are very important to our
7230
1 area. The state, that is not our area, the
2 state -
3 SENATOR LEICHTER: Thank you,
4 Senator.
5 SENATOR STAFFORD: You know what
6 I'm saying.
7 SENATOR LEICHTER: Yes, and
8 Senator -- and let me just say again I'm
9 delighted to join with you and hear you say how
10 important it is that we support the arts because
11 not only do they provide great enjoyment to
12 people of the state of New York, they provide
13 such a good economic spur. The Depot Theatre
14 which I'm in support of, they've done a great
15 deal for Westport, brings in people, helps the
16 local restaurant. It's a wonderful cultural
17 addition to the community.
18 Let me ask you something,
19 Senator, if I can turn to something else. On
20 page, I think it's starting at 436, I see
21 appropriations to the New York State Urban
22 Development Corporation which sort of surprised
23 me because I don't believe it exists any more.
24 I thought it had changed its name to the Empire
25 State Development Corporation.
7231
1 SENATOR STAFFORD: I -- I feel
2 that I am in very good company now because again
3 I complimented you on your ability. I asked the
4 same question, and it was changed
5 administratively but not by statute.
6 SENATOR LEICHTER: I see. So
7 we're correct in saying state Urban Development
8 Corporation. There's one appropriation in there
9 or there's a few, frankly, that raise some
10 question in my mind, but one on page 437, line 5
11 through 10, there's an appropriation of
12 $19,700,000, for services and expenses of
13 economic development initiatives to be
14 determined pursuant to a memorandum of under
15 standing to be executed by the Governor, the
16 Temporary President of the Senate and the
17 Speaker of the Assembly.
18 Is that -- does it actually mean
19 to say what it says that we're appropriating
20 $19.7 million according to a memorandum that is
21 not yet in existence?
22 SENATOR STAFFORD: Well, I say
23 once again I hear the -- I think it's a good
24 question. I think your point is well taken, but
25 I think again, I think we have to emphasize that
7232
1 we have 211 legislators. We have at least, and
2 you couldn't sit down and have 211 make the
3 decision. I think it's good and we're fortunate
4 to have the legislative input whether just
5 appropriating it and not having it. I think it's
6 good to do this.
7 Now, I wish it could be that we
8 all maybe -- I don't wish, but I could -- I know
9 it could be argued that we all should be able to
10 sign off on it. Then what we would be doing is
11 probably not get much more done than was done in
12 Sparta and Athens, and they didn't work.
13 I'm -- I know what you're
14 asking, but I don't think it -- to have the
15 assent of the Speaker, the Majority Leader, who
16 the Speaker has his constituency, the Majority
17 Leader has his constituency -- amen, brother -
18 and you know, I have -- I know what you're
19 asking, but I think yes, and, by the way the
20 Assembly Speaker and the Majority Leader -- Who
21 else is in that? -- the Governor, of course, the
22 Governor has the whole state, but my point is
23 the Legislature has input here, and I think this
24 is good, and I want to say right here on the
25 floor that whether it's Speaker Silver, Speaker
7233
1 Weprin, Speaker Miller, Speaker Fink, Speaker
2 Steingut or Speaker Travia -
3 SENATOR GOLD: Duryea, don't
4 leave out the one Republican.
5 SENATOR STAFFORD: Speaker
6 Duryea.
7 SENATOR FARLEY: Speaker Heck.
8 SENATOR STAFFORD: Speaker Heck.
9 SENATOR GOLD: Speaker Carlino.
10 SENATOR STAFFORD: Speaker
11 Carlino, or whether it was Walter Mahoney, Earl
12 Brydges, Joe Zaretzki, Earl Brydges, Warren
13 Anderson or Ralph Marino or Joe Bruno, they have
14 their constituency and, consequently, I don't
15 think we should say that we're doing something
16 here that there isn't a -- a -- what is it, when
17 you cut your hand -- a can of beans, a can of
18 beans.
19 SENATOR LEICHTER: I think we
20 have a disagreement. You referred very
21 learnedly to democracy in Athens and Sparta and
22 you know, made a comparison.
23 Senator, I think that 211 members
24 can and should assume the responsibility of
25 passing a judgment. That doesn't mean that some
7234
1 aren't going to have more say than others, but I
2 have a lot of trouble saying, well, here's a pot
3 of about $20 million and give it to the Governor
4 and the -- and Joe Bruno and Shelly Speaker,
5 three very esteemed gentlemen, and let them
6 whack it up however they want to. There's no
7 guidelines, there's at least -- and let me ask
8 you if you're good enough to continue to yield
9 and you've been very gracious, are they -- do we
10 know what projects are envisaged; is there any
11 idea as to the nature of the programs for which
12 this $20 million is going to go for? Or is this
13 -- is this to use the colloquial, just "pork"
14 that they can divide up whenever they get to it?
15 SENATOR STAFFORD: I want to now
16 -- and, again, and I continue to have respect
17 for you and continue our friendship and it will
18 continue, but I want to state a very, very, very
19 harsh -- can't think of the word I want, take
20 exception -- not exception -- exception, that's
21 the word, take exception to that word, that
22 industry is important in some areas but to use
23 it as a term here, I'd rather it not be used in
24 my opinion.
25 We have here in the budget, the
7235
1 subject that this will be used for, the jobs,
2 opportunities, I think that we have found these
3 programs to be successful. Where I think -- let
4 me give you have an example of why I think
5 things are improving. For instance, up in the
6 northern area where people -- where you have
7 your residence, and we're proud and pleased to
8 have you there, we have people that work in a
9 certain facility.
10 Well, about six years ago this
11 company came in and they looked around and
12 Governor Snelling heard that they were
13 interested so he picked up the phone, called
14 them in Montreal, and they went to Barre,
15 Vermont. You know what I'm talking about, what
16 I'm talking about when I say that, and they
17 worked with them and got them over there.
18 Well, we then realized that we
19 had to get on the ball, all of us, and with
20 programs such as this, such as those that are
21 appropriated here, appropriations are made, for
22 which appropriations are made, we have been
23 successful in having that company now in New
24 York and, of course, what I'm trying to say is
25 we all benefit.
7236
1 SENATOR LEICHTER: Senator
2 Stafford, with all due respect, I think you make
3 the point that I'm trying to make. For instance,
4 right above the item that I'm talking to,
5 there's an appropriation of $2.5 million for the
6 Plattsburgh Air Base and I'm sure that you had a
7 lot to do with that. That's a wonderful
8 program, much needed appropriation.
9 SENATOR STAFFORD: I'm going to
10 ask you to read the line above that too.
11 SENATOR LEICHTER: For service
12 expenses related to Griffiss Air Base and I'm
13 sure representatives from there, I'm sure Nancy
14 Larraine Hoffmann and others had a great deal to
15 do with that, but that's my point, Senator. We
16 have a specific appropriation. We know what
17 it's for. If somebody got up and said, Well,
18 what are we giving 25 million -- I'm sorry, $2.5
19 million to Stafford's district, I and others who
20 are familiar with it would get up and say,
21 Here's the situation. This is what's
22 happening. Bombardiere is coming in using the
23 air base.
24 This is exactly what we should be
25 doing, but when we have an appropriation of
7237
1 $19.7 million with no guidelines, no idea how
2 the money is to be spent other than the faith
3 that we may have in those three leaders, the
4 Governor, the Majority Leader and the Speaker, I
5 submit to you that we're abdicating our
6 responsibility.
7 We have an obligation to be
8 specific. We have a line item budget meaning we
9 should know what the appropriations are for so,
10 when I go back to my district or you go back to
11 your district and somebody wants to know what
12 the money was spent on, you can say, Well, this
13 was for an air base or this was to create jobs.
14 In that respect, Senator, we are carrying out
15 our responsibility. We can't carry out our
16 responsibility when we have blank check
17 appropriations.
18 SENATOR STAFFORD: I respect your
19 opinions, and I think that you're an example of
20 one of the very good minds here in the
21 Legislature, and I assure you you're a worthy
22 adversary and a worthy Senator, but as you said
23 to me a few minutes ago, I respectfully disagree
24 with you.
25 SENATOR LEICHTER: Thank you.
7238
1 Well, Senator, I don't know what you disagree
2 about.
3 ACTING PRESIDENT KUHL: Senator
4 Stafford, do you continue to yield?
5 SENATOR LEICHTER: Thank you. You
6 say you disagree, but you haven't told us the
7 nature of the disagreement.
8 SENATOR STAFFORD: I will go into
9 that. You hammer this out on the anvil of
10 discussion. My point is that again I want to
11 emphasize that Speaker Silver, Senator Bruno and
12 the Governor have their constituencies and they
13 have an accountability, and I am not one who
14 will criticize us having a $38 billion budget,
15 certain parts of it, this being 19.7, being an
16 appropriation whereby they will make some
17 decisions on behalf of their constituencies.
18 As I say, they represent us. We
19 have our input, and it was my opinion that all
20 three are very sensible, astute, and I don't
21 worry about accountability and if we have any
22 differences, I'm sure they'll be discussed and
23 if we want to see any changes, I'm sure we can
24 have input, but I don't want to leave here,
25 anyone leave here with the idea that we're doing
7239
1 anything that you're suggesting because I don't
2 feel we are, and again, I would emphasize that I
3 think it's good that we're having legislative
4 input into these appropriations via -- by way of
5 this vehicle.
6 SENATOR LEICHTER: Thank you. Mr.
7 President. If Senator Stafford continues to
8 yield.
9 Senator, if we could finally just
10 address the Office of Parks, Recreation and
11 Historic Preservation, do you know how the
12 appropriations for that agency compare to the
13 appropriations for the fiscal year 1996-1997?
14 SENATOR STAFFORD: I will say
15 again that I will get it to you specifically but
16 I think this is a little under five percent.
17 SENATOR LEICHTER: Increase?
18 SENATOR STAFFORD: Increase.
19 SENATOR LEICHTER: Thank you.
20 Senator, just in that connection and I hate to
21 ask you specific things of this nature because I
22 appreciate you probably don't have all the
23 information at hand, although obviously you have
24 a lot more than I do and staff that's been
25 working on this, but one of my concerns is cut
7240
1 backs in services at River Bank Park which is in
2 my district, along the Hudson River, but is a
3 state facility. It's a great park, but we've
4 seen a decline in staffing there because of cut
5 backs in the -- in the agencies, and my -- my
6 question to you is, and if you don't have it, if
7 you can get me that information, if there's
8 anything specifically in the budget or in any
9 memoranda supporting these appropriations in
10 regard to that specific facility.
11 SENATOR STAFFORD: Very good
12 question. We will follow through.
13 SENATOR LEICHTER: Senator, with
14 that I thank you. You've been, as always, most
15 gracious and most eloquent. I don't know whether
16 in history this will go down like the Lincoln
17 Douglas debate, but I think in our own way -
18 but I think in our own way, Senator, I think we
19 shed a little light on a document that I can say
20 in all fairness that nobody here probably had
21 much of an idea or knowledge of, and that really
22 leads me to my point and just very briefly on
23 the bill, Mr. President.
24 ACTING PRESIDENT KUHL: Senator
25 Leichter, on the bill.
7241
1 SENATOR LEICHTER: We've seen a
2 horrendous budget process this year, one that
3 has dragged on interminably and then has
4 produced a budget that we at this moment have
5 only the vaguest idea what is in it. I think
6 it's unfortunate that we've reached the point
7 where there's less and less knowledge by the
8 members, less and less input, and action being
9 taken by us as legislators on budgets that we
10 really have no idea what we're appropriating.
11 This system of the three leaders
12 making their decision and then putting out bills
13 with really no time to read them, to study them,
14 to analyze them, with no Green Book so that the
15 members can make at least quick comparisons from
16 year to year, I think has made the budget
17 process a farce.
18 Senator, you talked about Athens
19 and Sparta. We are Sparta in this state. The
20 democracy insofar as the Legislature is
21 concerned is not even a dim light. I think one
22 can say it's been extinguished. We have a
23 process that is totally closed, a process that
24 ill serves the people of the state, and the one
25 justification that maybe somebody could say is
7242
1 Well, look, they got the budget out on time.
2 Well, when have they last been able to say that?
3 Certainly as the process has become more closed,
4 as members have been more shut off from the
5 process, the delays have grown and grown and
6 grown and grown, whereas I pointed out and I
7 think we all would have to agree, we're the
8 laughing stock of the nation, as the state that
9 can't get a budget done on time.
10 So where are we served by this
11 process? I don't think we are served as a
12 Legislature. I certainly don't think the people
13 of the state of New York are served. I think we
14 come out with very flawed budgets and budgets
15 that are very poorly under... understood by the
16 Legislature and totally hidden from the sort of
17 public input, scrutiny and input that we
18 require.
19 This bill which provides monies
20 for government to carry on its functions, I'm
21 going to support, although I have a lot of
22 unhappiness about the appropriations to the
23 Urban Development Corporation, appropriations
24 for sports stadium for the Buffalo Bills and
25 maybe we'll have a bill that will deal with that
7243
1 more specifically and I can address it at that
2 time, but with all of that, we obviously have to
3 keep government functioning and I'm going to
4 vote for this bill, but I do so reluctantly and
5 as we deal with other budget bills maybe we can
6 continue to address the whole issue of the
7 process.
8 The process is important. If you
9 have a flawed process, you're going to have a
10 flawed end product, and I think we have a pretty
11 flawed end product.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Dollinger.
14 SENATOR DOLLINGER: Thank you,
15 Mr. President.
16 Will Senator Stafford yield just
17 for one question?
18 ACTING PRESIDENT MARCELLINO:
19 Senator, will you yield? He yields, sir.
20 SENATOR DOLLINGER: And I just
21 preface my -- my comment, Senator, it's nice to
22 hear someone talk about Sparta and Athens.
23 Senator, I'd almost ask you whether you were one
24 of the Senators who was there at that time. I
25 know you've been in this chamber for a long
7244
1 time, but be that as it may.
2 ACTING PRESIDENT MARCELLINO: The
3 Chair frowns upon personal statements.
4 SENATOR DOLLINGER: A sign of
5 respect for the Senator.
6 What's the amount of backdoor
7 borrowing that's included in this budget?
8 SENATOR STAFFORD: Well, once
9 again, I think we have to define our terms. I
10 -- well, would you explain to me -- will the
11 Senator yield?
12 SENATOR DOLLINGER: I'd be glad
13 to, Mr. President.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Dollinger yields, Senator Stafford.
16 SENATOR STAFFORD: I haven't asked
17 anybody to yield in 32 years. What's backdoor
18 borrowing?
19 SENATOR DOLLINGER: It's the
20 amount of debt that the state will incur, long
21 term debt that the state will incur that's not
22 approved by the voters.
23 SENATOR STAFFORD: Not approved
24 by what?
25 SENATOR DOLLINGER: By the voters.
7245
1 A VOICE: The whole budget.
2 SENATOR STAFFORD: 425 million.
3 SENATOR DOLLINGER: $425 million
4 in new borrowing that does not have voter
5 approval?
6 SENATOR STAFFORD: Yes. I would
7 say yes.
8 SENATOR DOLLINGER: Thank you,
9 Mr. President. I would like to be heard on the
10 budget for just one minute.
11 ACTING PRESIDENT MARCELLINO:
12 Senator Dollinger, on the bill.
13 SENATOR DOLLINGER: I'm not going
14 to do anything other than quote someone else who
15 said in this chamber on this budget and on this
16 portion of it, and that was the gentleman,
17 Senator Stafford, you recall he sat I believe
18 right where Senator Rath sits currently. He
19 didn't come to the chamber very often, but when
20 he came, he'd always come in the day we approved
21 the budget and he'd stand up in his chair and
22 he'd sort of mumble under his breath the
23 following: He would say, This budget has too
24 much backdoor borrowing. This budget has too
25 much spending. This budget is going to damage
7246
1 our credit rating and make government more
2 expensive and this budget is a continuation of
3 the practices that have gotten New York State
4 into trouble with everyone for the last decade,
5 including those experts.
6 SENATOR STAFFORD: Who is that?
7 SENATOR DOLLINGER: Well, I
8 believe he now maintains an office on the second
9 floor of this building. He sits, I believe, in
10 either Senator Rath's chair or in the chair next
11 to him. He sat there for two years. He and I
12 joined the Senate together. He and I worked on
13 these budgets together and he and I did one
14 other thing together. We voted against Governor
15 Cuomo's budgets and, frankly, if Governor Pataki
16 were in this chamber today as a Senator, he
17 would have said exactly what I just said.
18 There's too much backdoor borrowing. The
19 spending is too much. We're plunging ourselves
20 into a financial crisis. This is the second of
21 six or seven, eight or nine steps where we're
22 going to march down the road to a problem in the
23 future.
24 If Governor Pataki were in this
25 chamber instead of on the second floor running
7247
1 for reelection, he would stand up, once again
2 tell you exactly what I said and he would vote
3 against this budget. In 1993 he and I and
4 Senator Jones, who has also gone on to other
5 events, would have voted against this budget.
6 In 1994, I believe Senator
7 Hoffmann joined us. In all of those years in
8 1994 Senator Pataki voted against the budget
9 that looked just like this one. For some reason
10 in 1995 and 1996, Senator Pataki sent up budgets
11 that looked somewhat similar to this one. He's
12 now sent up one that, in my judgment, the George
13 Pataki that I knew in 1993 and 1994 would have
14 had one simple vote on this budget and the other
15 seven pieces. That vote is no.
16 On this one, I'm going to follow
17 Senator Pataki's goal, vote against this budget
18 delivered to us by Governor Pataki for the exact
19 same reasons that he knows deep in his heart
20 that this is a bad budget.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
7248
1 Call the roll.
2 (The Secretary called the roll. )
3 ACTING PRESIDENT MARCELLINO:
4 Record the negatives, announce the results,
5 please.
6 THE SECRETARY: Ayes 53, nays 2,
7 Senators Dollinger and Hoffmann recorded in the
8 negative.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Present.
11 SENATOR PRESENT: Mr. President,
12 can we call up Calendar 1558.
13 ACTING PRESIDENT MARCELLINO:
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 1558, by the Committee on Rules, Senate Print
17 5761, an act in relation to appropriations made
18 by the chapter of the laws of 1997, enacting the
19 general government budget.
20 ACTING PRESIDENT MARCELLINO:
21 There is a message of necessity at the desk.
22 SENATOR PRESENT: Mr. President,
23 I move we accept the message.
24 ACTING PRESIDENT MARCELLINO: So
25 moved. All those in favor of accepting the
7249
1 message of necessity signify by saying aye.
2 (Response of "Aye.")
3 Those opposed nay.
4 (There was no audible response.)
5 The message is accepted with one
6 exception -- two negative votes. Read the last
7 section.
8 THE SECRETARY: Section 20. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 54, nays
14 one, Senator Dollinger recorded in the
15 negative.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 Senator Present.
19 SENATOR PRESENT: Call up
20 Calendar Number 1559, please.
21 ACTING PRESIDENT MARCELLINO:
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 1559, by the Committee on Rules, Senate Print
25 5762, an act to amend the State Finance Law.
7250
1 SENATOR PRESENT: Mr. President,
2 is there a message of necessity at the desk?
3 ACTING PRESIDENT MARCELLINO:
4 There is, Senator.
5 SENATOR PRESENT: I move that we
6 accept the message.
7 ACTING PRESIDENT MARCELLINO: All
8 in favor of accepting the message of necessity
9 signify by saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 SENATOR DOLLINGER: Nay.
13 ACTING PRESIDENT MARCELLINO:
14 With one negative vote, two negative votes, the
15 message of necessity is accepted. Secretary
16 will read the last section.
17 THE SECRETARY: Section 33. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 55.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 Senator Present.
7251
1 SENATOR PRESENT: Mr. President,
2 can we call up Calendar Number 1560.
3 ACTING PRESIDENT MARCELLINO:
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1560, by the Committee on Rules, Senate Print
7 5763, an act in relation to appropriations made
8 by the chapter of the laws of 1997 enacting
9 Transportation, Economic Development and
10 Environmental Conservation budget.
11 SENATOR PRESENT: Mr. President,
12 is there a message of necessity at the desk?
13 ACTING PRESIDENT MARCELLINO:
14 There is a message at the desk, sir.
15 SENATOR PRESENT: I move we
16 accept the message.
17 ACTING PRESIDENT MARCELLINO: All
18 in favor of accepting the message, signify by
19 saying aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (There was no response.)
23 The message is accepted with one
24 negative -- two negative votes. Secretary will
25 read the last section.
7252
1 THE SECRETARY: Section 50. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes -- ayes 53,
7 nays 2, Senators Dollinger and Hoffmann recorded
8 in the negative.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 Senator Present.
12 SENATOR PRESENT: Mr. President,
13 call up Calendar Number 1561, please.
14 ACTING PRESIDENT MARCELLINO:
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 1561, by the Committee on Rules, Senate Print
18 5764, an act to amend the State Finance Law.
19 SENATOR PRESENT: Mr. President,
20 is there a message of necessity at the desk?
21 ACTING PRESIDENT MARCELLINO:
22 Yes, Senator, there is.
23 SENATOR PRESENT: I move that we
24 accept the message of necessity.
25 ACTING PRESIDENT MARCELLINO: All
7253
1 those in favor of accepting the message of
2 necessity signify by saying aye.
3 (Response of "Aye.")
4 Opposed nay.
5 (There was no audible response.)
6 The message is accepted with two
7 negative votes. Read the last section.
8 SENATOR HOFFMANN: Explanation.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Stafford, an explanation is requested of
11 1561 by Senator Hoffmann.
12 SENATOR STAFFORD: These are -
13 this is an Article VII bill and it's a bill that
14 puts in statutory form provisions which will
15 carry out the appropriation of the
16 transportation program, so in other words this
17 lays out the various programs, puts the bill -
18 what number is this?
19 ACTING PRESIDENT MARCELLINO:
20 This is Calendar 1561, Senator.
21 SENATOR STAFFORD: 5764?
22 ACTING PRESIDENT MARCELLINO:
23 5764, you're absolutely correct, sir.
24 SENATOR STAFFORD: Is there a
25 specific provision you want to discuss?
7254
1 SENATOR HOFFMANN: Yes, Mr.
2 President, if Senator Stafford would yield for a
3 couple of questions, that might be helpful.
4 SENATOR STAFFORD: Sure.
5 ACTING PRESIDENT MARCELLINO:
6 Senator will yield for a couple of questions.
7 SENATOR HOFFMANN: Senator
8 Stafford, thank you for trying to clarify some
9 of the questions that I have. I'm not sure in
10 this short amount of time it's going to be
11 possible for me to fully understand this bill
12 but I would appreciate it if you could just
13 answer two or three things.
14 First of all, is this bill being
15 referred to as a community enhancement and
16 facility bond measure; is that the terminology?
17 SENATOR STAFFORD: Once again,
18 I'm trying to be forthcoming and try to be clear
19 when discussing obviously a complex budget. I
20 don't think this bill just is what you referred
21 to, but there is a $425 million bond program for
22 cultural facilities and economic development
23 which I believe will be proposed and be voted
24 upon in this bill.
25 SENATOR HOFFMANN: I'll wait
7255
1 while Senator Stafford confers with staff.
2 SENATOR STAFFORD: Counsel.
3 SENATOR HOFFMANN: Counsel. I'm
4 very sorry. My apologies to worthy counsel.
5 If Senator Stafford would
6 continue to yield.
7 ACTING PRESIDENT MARCELLINO:
8 Senator Stafford, do you continue to yield?
9 SENATOR STAFFORD: Yes.
10 ACTING PRESIDENT MARCELLINO: I
11 believe he does, Senator.
12 SENATOR STAFFORD: Then, Senator
13 Stafford, this bill contains within it as one
14 aspect of its provisions a bond -- a bond
15 activity in the amount of 425 million dollars
16 but that's only one portion of it, but it does
17 allow bonding in the amount of 425 million; that
18 is correct?
19 SENATOR STAFFORD: (Nodding).
20 SENATOR HOFFMANN: Thank you,
21 Senator Stafford. You're nodding. You're sure
22 but you're not real sure. O.K.
23 SENATOR STAFFORD: Real sure.
24 SENATOR HOFFMANN: You're real
25 sure. Thank you. If Senator Stafford will
7256
1 continue to yield.
2 SENATOR STAFFORD: By all means.
3 ACTING PRESIDENT MARCELLINO: I'm
4 sure he does, Senator.
5 SENATOR HOFFMANN: Am I accurate
6 in understanding that the bonds are to be issued
7 by several different agencies? Could you tell
8 me please which those -- what agencies would be
9 issuing those bonds?
10 SENATOR STAFFORD: Good
11 question. I think this is something good that
12 we explain. The Dormitory Authority, the Thruway
13 Authority, UDC, which has administratively
14 changed its name to -
15 SENATOR HOFFMANN: Empire
16 Development Corporation.
17 SENATOR STAFFORD: -- Empire
18 State Development Corporation.
19 SENATOR HOFFMANN: You're
20 welcome.
21 SENATOR STAFFORD: And HFA are
22 all empowered to take part in this program.
23 SENATOR HOFFMANN: Thank you. If
24 Senator Stafford would continue to yield.
25 ACTING PRESIDENT MARCELLINO:
7257
1 Senator, do you continue to yield? He does,
2 Senator.
3 SENATOR HOFFMANN: Could you
4 explain to me the provisions by which bonds
5 would be issued. What approval would be
6 required; what would be the actual granting
7 process by which bonds would be issued?
8 Granting is probably not the appropriate word.
9 What deliberative process would take place, if
10 any?
11 SENATOR STAFFORD: The -- this is
12 analogous to what we discussed with Senator
13 Leichter -
14 SENATOR HOFFMANN: I -- some
15 feedback on the microphone here. Have we got
16 that under control?
17 SENATOR STAFFORD: Probably my
18 fault; I'm probably not speaking into the
19 microphone.
20 SENATOR HOFFMANN: I'm afraid
21 cats and dogs from around the Capital District
22 will storm the chamber if we continue to have
23 that loud pitched feedback sound.
24 SENATOR STAFFORD: What will?
25 SENATOR HOFFMANN: Cats and
7258
1 dogs. They hear a frequency that is not
2 regularly heard by human beings.
3 SENATOR STAFFORD: Dogs would
4 howl probably.
5 SENATOR HOFFMANN: Can make them
6 crazy. We don't need that. We have enough
7 problems without that.
8 What about the approval process?
9 SENATOR STAFFORD: The -- oh, I
10 lost my train of thought.
11 SENATOR HOFFMANN: I apologize.
12 SENATOR STAFFORD: With all the
13 howling. Amazing! The -- this is analogous to
14 what I was discussing with Senator Leichter.
15 Again, the Speaker, Majority Leader who have
16 their constituencies as I have mentioned, and I
17 would submit that there is an accountability
18 together with the Governor who has his
19 constituency, no matter who he or she is, who is
20 governor, they have the entire state for a
21 constituency. The Speaker has the various
22 Assembly members, and the Majority Leader has
23 the members of the Senate, so there will be an
24 understanding, a memorandum of understanding as
25 far as the programs that will be -- be funded.
7259
1 And then bonding, it's very, very
2 interesting. I would just suggest this, when we
3 mention bonds sometimes, people -- they seem to
4 -- well, they seem to, yes, and I would point
5 out that it's a very, very important industry,
6 if you will, in this state and nation and -
7 SENATOR STAFFORD: The bonding is
8 a very, very important industry, the bond
9 market? Yes, I'm trying to follow you, Senator
10 Stafford, but I got lost somewhere along the way
11 as to the -- as to the answer you were giving to
12 my question.
13 SENATOR STAFFORD: And therefore,
14 I would suggest that people who have an
15 opportunity to invest, get a worthy return and
16 in turn we'll have these programs.
17 SENATOR HOFFMANN: One further
18 question, if you would, Senator Stafford.
19 Thank you, Mr. President.
20 Senator Stafford, for this $425
21 million appropriation to be issued by the
22 Dormitory Authority, the Empire State
23 Development Corporation, the Housing Finance
24 Agency and the Thruway Authority subject to
25 memorandums of understanding by the Governor,
7260
1 the Speaker and the Majority Leader, does there
2 exist a list of worthy projects?
3 SENATOR STAFFORD: I think that
4 will be up to, again, the Speaker who has a
5 constituency as I mentioned; his constituency is
6 the members of the Assembly; the Majority Leader
7 who has the members of the Senate, and the
8 Governor who, as I mentioned, has the consensus
9 -- the constituency of the entire state, of all
10 who, of course, are accountable to their various
11 constituencies.
12 SENATOR HOFFMANN: Shall I take
13 that as a no?
14 SENATOR STAFFORD: No.
15 SENATOR HOFFMANN: There is no
16 list?
17 SENATOR STAFFORD: No.
18 SENATOR HOFFMANN: Yes, there is
19 no list or no, there is a list?
20 SENATOR STAFFORD: Yes, there is
21 no list.
22 SENATOR HOFFMANN: Thank you,
23 Senator Stafford.
24 SENATOR STAFFORD: But there will
25 be when these various principals represent their
7261
1 constituency so there is an accountability and
2 I'm sure that we will all, you know, be working
3 together and then this list will be prepared
4 collectively so that these various
5 constituencies that I've mentioned, receive the
6 consideration which they deserve.
7 SENATOR HOFFMANN: Thank you,
8 Senator Stafford, for responding to my
9 questions.
10 On the bill, Mr. President.
11 ACTING PRESIDENT MARCELLINO:
12 Senator Hoffmann, on the bill.
13 SENATOR HOFFMANN: I -- I can
14 only speak for the constituency in the 48th
15 Senate District. I won't speak for this rather
16 vast constituency referred to by Senator
17 Stafford that apparently is providing
18 inspiration to the Governor, the Majority Leader
19 and the Speaker, and hopefully will be involved
20 in developing a list which does not yet exist,
21 but let me speak to my constituents and, if they
22 could collectively be here, all 300,000 of them,
23 I know that there would be several very common
24 comments made among them.
25 Number one is that they do not
7262
1 support the notion that bonding is real good for
2 New York State. It may be good, as Senator
3 Stafford pointed out, for some people who invest
4 in the bond market, but the taxpayers of the
5 state who have to pay the interest on bonds in
6 my district think that we should do less in the
7 way of bonding and we should do more in the way
8 of pay as you go.
9 Many of them have voiced their
10 concern to me that we do not seem to have a good
11 handle on debt here in Albany and this seems to
12 me to be an enormous step backwards from
13 grasping the enormity of our debt and bringing
14 it into control.
15 It is further compounded by the
16 fact that it is a -- an anticipated debt of $425
17 million with no clear purpose. Here we stand on
18 the 1st of August, 1997 and suggest to the
19 people of this state that we're only putting a
20 budget together, but we have this rather large
21 category generally described as projects which
22 will include arts, cultural, educational,
23 athletic, housing, child care, recreation,
24 transportation, port or economic development
25 purposes in the amount of $425 million, but we
7263
1 don't have a list of those projects.
2 It would appear that we have
3 either been very derelict in our responsibili
4 ties in not soliciting from the districts around
5 the state what people would like on that list
6 or, and this is a very scary thought, or that
7 this is, in fact, to be some kind of a slush
8 fund that can be divvied up at some later time,
9 and again, my constituents, if they were here
10 would say, resoundingly, We do not support the
11 notion of multi-million dollar slush funds in
12 the hands of three people in New York State.
13 They think that is very, very bad government, so
14 I know that my constituents would not support
15 this idea.
16 They may, in fact, like some of
17 the individual projects which might ultimately
18 come from that, but one or two projects that
19 would be of benefit to them in the 48th Senate
20 District do not justify either the notion of a
21 slush fund and bonding capacity, or creating
22 project capability totally unaccountable to any
23 taxpayers by three people, three gentlemen, the
24 Governor, the Speaker and the Assembly -- the
25 Senate Majority Leader, without adequate review
7264
1 by the entire Legislature.
2 That after all is why we are
3 here. We are here to determine how the tax
4 dollars of the state are to be spent on what
5 worthy projects, and to make sure there is an
6 adequate review process. This my constituents
7 would say is an enormous step backward. It is a
8 terrible increase in debt for no clearly stated
9 purpose, and it once again shows that here in
10 Albany elected legislators are willing to
11 abdicate their duly elected responsibility to
12 the hands of three designated budgeteers. These
13 three budgeteers -- the Governor, the Majority
14 Leader and the Speaker -- have an awesome amount
15 of power. It would be far better for us to
16 simply introduce legislation that would abolish
17 211 legislative positions and just have two
18 designated budgeteers from the Legislature and
19 the Governor to make these decisions. Why would
20 we waste our time putting forth a document as
21 vague as this, encumbering the taxpayers of this
22 state with 425 million dollars in anticipated
23 debts with no clear purpose established.
24 I will vote no, Mr. President.
25 ACTING PRESIDENT MARCELLINO:
7265
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll. )
7 ACTING PRESIDENT MARCELLINO:
8 Record the negatives and announce the results,
9 please.
10 THE SECRETARY: Ayes 53, nays
11 two, Senator Dollinger and Hoffmann recorded in
12 the negative.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 Senator Present, what's your
16 pleasure?
17 SENATOR PRESENT: Mr. President,
18 can we take up the nominations reported by the
19 Finance Committee.
20 ACTING PRESIDENT MARCELLINO:
21 Secretary will read.
22 THE SECRETARY: Senator Stafford,
23 from the Committee on Finance, offers up the
24 following nominations:
25 As members of the Board of
7266
1 Directors of the Roosevelt Island Operating
2 Corporation, Joan O. Dawson, of New York City,
3 Francis B. McKenna, of White Plains.
4 ACTING PRESIDENT MARCELLINO: All
5 in favor of moving the nomination or approving
6 the nomination of Joan O. Dawson, of New York
7 City, and Francis B. McKenna, of White Plains
8 for terms as members of the Board of Directors
9 of the Roosevelt Island Operating Corporation,
10 signify by saying aye.
11 (Response of "Aye.")
12 Opposed nay.
13 (There was no response.)
14 The nominations are confirmed -
15 nominees are confirmed.
16 THE SECRETARY: As member of the
17 Municipal Assistance Corporation for the city of
18 New York, Robert Price, Esq., of New York City.
19 SENATOR STAFFORD: Move the
20 nomination, please.
21 ACTING PRESIDENT MARCELLINO: All
22 in favor of moving the nomination of Robert
23 Price, Esq., of New York City, as a Director of
24 the Municipal Assistance Corporation for the
25 city of New York signify by saying aye.
7267
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response.)
4 The nominee is confirmed.
5 Secretary will read.
6 THE SECRETARY: As a member of
7 the Mental Health Services Council, Ralph W.
8 Standbrook, of Fairhaven.
9 SENATOR STAFFORD: Move the
10 nomination, please.
11 ACTING PRESIDENT MARCELLINO: All
12 in favor of moving the nomination of Ralph W.
13 Standbrook, of Fairhaven, as a member of the
14 Mental Health Services Council, signify by
15 saying aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response.)
19 The nominee is confirmed.
20 Secretary will read.
21 THE SECRETARY: As Sheriff of
22 Cattaraugus County, Ernest J. Dustman.
23 SENATOR PRESENT: Mr. President.
24 ACTING PRESIDENT MARCELLINO:
25 Senator Present.
7268
1 SENATOR PRESENT: Mr. President,
2 thank you very much.
3 I'd like to move the nomination
4 of Ernest Dustman, of Olean, one of the
5 communities I represent, who has been nominated
6 by the Governor to the position of Cattaraugus
7 County Sheriff.
8 By all accounts, Ernie is a
9 dedicated professional law enforcement officer
10 who for the past 20 years has earned the respect
11 and the trust of his peers and the people of
12 Cattaraugus County.
13 As Cattaraugus County
14 undersheriff for the past 11 years, Mr. Dustman
15 played a key role in the initiation of several
16 programs and policies to combat crime and ensure
17 the safety of Cattaraugus County residents. His
18 efforts helped to lead the creation of a
19 Southern Tier Regional Drug Task Force. He
20 established D.A.R.E. programs in the local
21 schools, the development of a nationally
22 recognized K-9 Unit and the implementation of an
23 E-911 dispatch and community policing program,
24 just to name a few.
25 Mr. President, it's indeed an
7269
1 honor for me to rise today to move for the
2 confirmation of Ernest Dustman, whom I proudly
3 recognize as one of New York State's finest, to
4 the position of Cattaraugus County Sheriff. I
5 wish Ernie well, and know that he will continue
6 to serve the people of Cattaraugus County with
7 the same integrity and professionalism that he
8 has demonstrated throughout his career.
9 Mr. President, it also shows that
10 Mr. Dustman has a great deal of patience for
11 he's been waiting up in the balcony there with
12 his wife Linda and is joined by his predecessor,
13 former Sheriff Jerry Burrell. I wish you would
14 welcome him. Good luck, Ernie.
15 ACTING PRESIDENT MARCELLINO: All
16 in favor of moving the nomination of Ernest J.
17 Dustman, of Olean, for a term as sheriff of
18 Cattaraugus County signify by saying aye.
19 (Response of "Aye.")
20 Opposed nay.
21 (There was no response.)
22 The nominee is confirmed.
23 Mr. Dustman, wife Linda, we
24 congratulate you. Your job is indeed an
25 important one and a difficult one. We wish you
7270
1 luck and Godspeed, congratulations.
2 (Applause)
3 Secretary will read.
4 THE SECRETARY: As member of the
5 Board of Visitors of the Central New York
6 Developmental Disabilities Services Office,
7 Louis G. Best, of Oneonta.
8 SENATOR TAFFORD: Move
9 confirmation, please.
10 ACTING PRESIDENT MARCELLINO: All
11 in favor of moving the confirmation of Louis G.
12 Best, of Oneida, to a term as member of the
13 Board of Visitors of the Central New York
14 Developmental Disabilities Services Office,
15 signify by saying aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response.)
19 The nominee is confirmed.
20 Secretary will read.
21 THE SECRETARY: As member of the
22 Board of Visitors of the Middletown Psychiatric
23 Center, Anne Marie Maglione of Middletown.
24 ACTING PRESIDENT MARCELLINO: All
25 in favor of moving the nomination of Anne Marie
7271
1 Maglione, of Middletown, as a member of the
2 Board of Visitors of the Middletown Psychiatric
3 Center signify by saying aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (There was no response.)
7 The nominee is confirmed.
8 Secretary will read.
9 THE SECRETARY: As members of the
10 State Council on the Arts, Debra Ressler Black
11 of New York City and Wynton Marsalis, of New
12 York City.
13 SENATOR STAFFORD: Move
14 confirmation, please.
15 ACTING PRESIDENT MARCELLINO: All
16 in favor of moving the nominations of Debra
17 Black, of New York City, and Wynton Marsalis, of
18 New York City, as members of the New York State
19 Council on the Arts signify by saying aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (There was no response.)
23 The nomination of the nominees
24 are confirmed.
25 The Secretary will read.
7272
1 THE SECRETARY: As members of the
2 Adirondack Park Agency, Jean Read Knox, of
3 Buffalo, and Richard Lefebvre, of Caroga Lake.
4 SENATOR STAFFORD: Move
5 confirmation.
6 ACTING PRESIDENT MARCELLINO: All
7 in favor of moving the nomination of Jean Read
8 Knox, of Buffalo, and Richard Lefebvre, of
9 Caroga Lake, signify by saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response.)
13 The nominees are confirmed.
14 Senator Present, that finishes
15 our list.
16 SENATOR PRESENT: Mr. President,
17 is there any housekeeping?
18 ACTING PRESIDENT MARCELLINO: No,
19 sir, we do not.
20 SENATOR PRESENT: If not, the
21 Senate will stand at ease.
22 ACTING PRESIDENT MARCELLINO: We
23 are at ease, ladies and gentlemen.
24 (The Senate stood at ease at 5:15
25 p.m.)
7273
1 ACTING PRESIDENT MARCELLINO:
2 Senator Kuhl.
3 SENATOR KUHL: Yes, Mr.
4 President. There will be an immediate meeting of
5 the Rules Committee, immediate meeting of the
6 Rules Committee, in the Majority Conference
7 Room, Room 332.
8 ACTING PRESIDENT MARCELLINO:
9 There will be an immediate meeting of the Rules
10 Committee in the Majority Conference Room, Room
11 332.
12 SENATOR KUHL: And the Senate
13 will stand at ease.
14 ACTING PRESIDENT MARCELLINO: And
15 the Senate will stand at ease, but before we do,
16 Senator Leichter.
17 SENATOR LEICHTER: Just before,
18 the budget bill that we just did, Calendar 1557,
19 I was recorded in the affirmative. In view of
20 the $425 million no name, no elaboration of bond
21 authorization, Mr. President, I'm going to
22 change my vote into the negative.
23 ACTING PRESIDENT MARCELLINO:
24 Senator Leichter, your vote will be recorded on
25 Calendar Number 1557 in the negative, Senator.
7274
1 SENATOR LEICHTER: I'm sorry, Mr.
2 President. Mr. President.
3 ACTING PRESIDENT MARCELLINO:
4 Yes, Senator.
5 SENATOR LEICHTER: We're just
6 trying to get the right calendar number.
7 ACTING PRESIDENT MARCELLINO:
8 That would be useful.
9 SENATOR LEICHTER: And I believe,
10 Mr. President, it's Calendar 1561.
11 ACTING PRESIDENT MARCELLINO:
12 Just so that the record is clear on this one,
13 Senator, are you sure of the bill number now?
14 SENATOR LEICHTER: Senator, to be
15 truthful, I am not because I can't get staff and
16 myself to both -
17 ACTING PRESIDENT MARCELLINO: It
18 is a poor carpenter who blames his tools,
19 Senator.
20 SENATOR LEICHTER: May I have -
21 ACTING PRESIDENT MARCELLINO:
22 Yes, Senator.
23 SENATOR LEICHTER: Did we do
24 Calendar 1561?
25 ACTING PRESIDENT MARCELLINO:
7275
1 Yes, Senator, we did. I think you debated it.
2 SENATOR LEICHTER: O.K. Then on
3 Calendar 1557, I should be in the affirmative,
4 on Calendar 1561 in the negative.
5 ACTING PRESIDENT MARCELLINO: Let
6 the record reflect that Senator Leichter wishes
7 to remain in the affirmative on Calendar Number
8 1557 and reports in the negative, changes his
9 vote into the negative on Calendar Number 1561,
10 and I'm not sure of the exact number on that,
11 but Senate 1561.
12 THE SECRETARY: Calendar 1561.
13 ACTING PRESIDENT MARCELLINO:
14 Calendar Number 1561, he wishes to be recorded
15 in the negative. That's Senate Print Number
16 5764, so that the record is clear.
17 SENATOR LEICHTER: Thank you for
18 your patience and understanding.
19 ACTING PRESIDENT MARCELLINO: Not
20 a problem.
21 SENATOR LEICHTER: I think we got
22 it right.
23 ACTING PRESIDENT MARCELLINO: I
24 still don't understand it, but we're patient.
25 We are at ease.
7276
1 (The Senate stood at ease from
2 5:22 to 6:20 p.m.)
3 ACTING PRESIDENT MARCELLINO:
4 Senator Skelos.
5 SENATOR SKELOS: Mr. President.
6 If we could return to reports of standing
7 committees, I believe there's a report of the
8 Rules Committee at the desk. I ask that it be
9 read at this time.
10 ACTING PRESIDENT MARCELLINO:
11 There is a report of the Rules Committee at the
12 desk, Senator. The Secretary will read.
13 THE SECRETARY: Senator Bruno,
14 from the Committee on Rules, offers up the
15 following bills:
16 Senate Print 3367, by Senator
17 Seward, an act to amend the Executive Law;
18 5038-B, by Senator Hannon, an act
19 to amend the Public Health Law;
20 5178-B, by Senator Stafford, an
21 act to amend the Education Law;
22 4535-B, by Senator Levy, an act
23 to amend the Vehicle and Traffic Law;
24 4843, by Senator Goodman, an act
25 to amend the Penal Law;
7277
1 5542, by Senator Seabrook, an act
2 authorizing the city of New York;
3 5439, by Senator Markowitz, an
4 act authorizing the city of New York;
5 2163-A, by Senator Volker, an act
6 to amend the Penal Law;
7 3293, by Senator Present, an act
8 to amend the Penal Law;
9 3917-B, by Senator DeFrancisco,
10 an act to amend the Parks, Recreation and
11 Historic Preservation Law;
12 4529-A, by Senator Skelos, an act
13 to amend the Executive Law;
14 4694, by Senator LaValle, an act
15 to amend the Public Authorities Law;
16 5285-A, by Senator Levy, an act
17 to amend the Vehicle and Traffic Law;
18 5365, by Senator Maziarz, an act
19 to amend the Criminal Procedure Law;
20 5562, by Senator Maltese, an act
21 to amend the Highway Law;
22 5619-A, by Senator Seward, an act
23 to amend the Highway Law;
24 5621-A, by Senator Marcellino, an
25 act to amend the General Business Law;
7278
1 5622, by Senator Seward, an act
2 to amend the Economic Development Law;
3 5626, by Senator Rath, an act to
4 amend the Alcoholic Beverage Control Law;
5 5636, by Senator Johnson, an act
6 to amend the Environmental Conservation Law;
7 5723, by Senator Bruno, an act
8 authorizing the village of Round Lake;
9 5730-A, by Senator Seward, an act
10 to amend a chapter of the laws of 1997;
11 5742, by Senator Spano, an act to
12 amend the General Business Law;
13 5745, by Senator Hannon, an act
14 to amend the Public Health Law;
15 5753, by Senator Alesi, an act to
16 amend the Executive Law;
17 774, by Senator Bruno, an act to
18 authorize Thomas G. Restino, employed by the
19 town of Hoosick;
20 2877-B, by Senator Marchi, an act
21 to amend the Public Health Law;
22 5346, by Senator Hannon, an act
23 to amend the Public Health Law;
24 5693-A, by Senator Marcellino, an
25 act to amend the Environmental Conservation Law;
7279
1 5758, by Senator Spano, an act to
2 amend the Labor Law;
3 5683-A, by Senator Cook, an act
4 to amend the Agriculture and Markets Law.
5 All bills directly for third
6 reading.
7 SENATOR SKELOS: Move to accept
8 the report of the Rules Committee.
9 ACTING PRESIDENT MARCELLINO: All
10 in favor of accepting the report of the Rules
11 Committee signify by saying aye.
12 (Response of "Aye.")
13 Opposed nay.
14 (There was no response.)
15 The Rules Committee report is
16 accepted.
17 SENATOR SKELOS: Mr. President.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Skelos.
20 SENATOR SKELOS: If we could take
21 up Senate Supplemental Calendar Number 63-C -
22 ACTING PRESIDENT MARCELLINO:
23 Wait a minute.
24 SENATOR SKELOS: -- controversial
25 and if we could have some order so that we can
7280
1 complete this calendar, I know Senator Dollinger
2 is looking forward to going through this
3 calendar and having dinner tonight, so we will
4 start non-controversial with Calendar Number
5 619.
6 ACTING PRESIDENT MARCELLINO:
7 Secretary will read from Calendar Number 63-C
8 starting with Calendar Number 619.
9 THE SECRETARY: Calendar Number
10 619, by Senator Seward, Senate Print 3367, an
11 act to amend the Executive Law.
12 ACTING PRESIDENT MARCELLINO: We
13 are on the non-controversial reading, so that
14 everybody is clear on that. Secretary will read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 55.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 781, by Senator Hannon, Senate Print 5038-B, an
7281
1 act to amend the Public Health Law.
2 ACTING PRESIDENT MARCELLINO:
3 This bill is high. Lay it aside.
4 THE SECRETARY: Calendar Number
5 801, by Senator Stafford, Senate Print Number
6 5178-B, an act to amend the Education Law.
7 ACTING PRESIDENT MARCELLINO:
8 There is a local fiscal impact note at the
9 desk. Read the last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 55.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1001, by Senator Levy, Senate Print 4535-B, an
20 act to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect in 90 days.
25 ACTING PRESIDENT MARCELLINO:
7282
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 55.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1275, by Senator Goodman, Senate Print 4843.
8 SENATOR GOLD: Mr. President.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Gold, why do you rise? Excuse me.
11 SENATOR GOLD: Sorry, I had to
12 step out a minute. Calendar Number 619, could
13 we please reconsider the vote by which that bill
14 was passed.
15 ACTING PRESIDENT MARCELLINO: Can
16 we call the roll on reconsideration on Calendar
17 Number 619 for Senator Gold.
18 THE SECRETARY: Calendar Number
19 619, by Senator Seward, Senate Print 3367.
20 (The Secretary called the roll on
21 reconsideration.)
22 THE SECRETARY: Ayes 55.
23 SENATOR GOLD: Lay it aside.
24 ACTING PRESIDENT MARCELLINO: Lay
25 the bill aside. Continue to read the calendar
7283
1 non-controversial.
2 THE SECRETARY: Calendar Number
3 1275, by Senator Goodman, Senate Print 4843, an
4 act to amend the Penal Law.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the first day of
9 November.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 55.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1388, by Senator Seabrook, Senate Print 5542, an
18 act authorizing the city of New York to reconvey
19 its interest.
20 ACTING PRESIDENT MARCELLINO:
21 There is a home rule message at the desk. Read
22 the last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
7284
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 55.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1458, by Senator Markowitz, Senate Print 5439,
8 an act authorizing the city of New York to
9 reconvey its interest.
10 ACTING PRESIDENT MARCELLINO:
11 There is a home rule message at the desk. Read
12 the last section, please.
13 THE SECRETARY: Section 5. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 55.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 1562, Senator Volker moves to
23 discharge from the Committee on Rules Assembly
24 Print 3379-A and substitute it for the identical
25 Senate Third Reading 1562.
7285
1 ACTING PRESIDENT MARCELLINO:
2 Substitution is ordered. Read the last
3 section.
4 THE SECRETARY: Calendar Number
5 1562, by member of the Assembly Clark, Assembly
6 Print 3379-A, an act to amend the Penal Law.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll. Read the last section -- I'm
9 sorry.
10 THE SECRETARY: Section 4. This
11 act shall take effect in 45 days.
12 ACTING PRESIDENT MARCELLINO: Now
13 call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 55.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: In relation to
19 Calendar Number 1563, Senator Present moves to
20 discharge from the Committee on Rules Assembly
21 Print 5183-A and substitute it for the identical
22 Senate bill Third Reading 1563.
23 ACTING PRESIDENT MARCELLINO:
24 Substitution is ordered. Read the last
25 section. I'm sorry. Read it.
7286
1 THE SECRETARY: Calendar Number
2 1563, by member of the Assembly Parment,
3 Assembly Print 5183-A, an act to amend the Penal
4 Law.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first day of
9 November.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 55.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1564, by Senator DeFrancisco, Senate Print
18 Number 3917-B, an act to amend the Parks,
19 Recreation and Historic Preservation Law.
20 SENATOR GOLD: Lay aside.
21 ACTING PRESIDENT MARCELLINO: Lay
22 the bill aside.
23 THE SECRETARY: Calendar Number
24 1565, by Senator Skelos, Senate Print 4529-A, an
25 act to amend the Executive Law.
7287
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 55.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1566, by Senator LaValle, Senate Print 4694, an
13 act to amend the Public Authorities Law.
14 SENATOR PATERSON: Lay aside.
15 ACTING PRESIDENT MARCELLINO: Lay
16 that bill aside, please.
17 THE SECRETARY: In relation to
18 Calendar Number 1567, Senator Levy moves to
19 discharge from the Committee on Rules Assembly
20 Print 8209-A and substitute it for the identical
21 Senate Third Reading 1567.
22 ACTING PRESIDENT MARCELLINO:
23 Substitution is ordered. Secretary will read.
24 THE SECRETARY: Calendar Number
25 1567, by the Assembly Committee on Rules,
7288
1 Assembly Print 8209-A, an act to amend the
2 Vehicle and Traffic Law.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first day of
7 November.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 55.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: In relation to
15 Calendar Number 1568, Senator Maziarz moves to
16 discharge from the Committee on Rules Assembly
17 Print 8064 and substitute it for the identical
18 Senate Third Reading 1568.
19 ACTING PRESIDENT MARCELLINO:
20 Substitution is ordered. Secretary will read.
21 THE SECRETARY: Calendar Number
22 1568, by the Assembly Committee on Rules,
23 Assembly Print 8064, an act to amend the
24 Criminal Procedure Law.
25 ACTING PRESIDENT MARCELLINO:
7289
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 55.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: In relation to
11 Calendar Number 1569, Senator Maltese moves to
12 discharge from the Committee on Transportation
13 Assembly Print 3807-B and substitute it for the
14 identical Senate Third Reading 1569.
15 SENATOR PATERSON: Lay aside.
16 ACTING PRESIDENT MARCELLINO:
17 Substitution is ordered. Bill will be laid
18 aside.
19 Secretary will have to read it, I
20 guess.
21 THE SECRETARY: No, lay it
22 aside.
23 ACTING PRESIDENT MARCELLINO:
24 Laid aside.
25 THE SECRETARY: Calendar Number
7290
1 1570, by Senator Seward, Senate Print 5619-A, an
2 act to amend the Highway Law.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 55.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: In relation to
14 Calendar Number 1571, Senator Marcellino moves
15 to discharge from the Committee on Rules
16 Assembly Print 8435-A and substitute it for the
17 identical Senate Third Reading 1571.
18 ACTING PRESIDENT MARCELLINO:
19 Substitution is ordered. Secretary will read.
20 THE SECRETARY: Calendar Number
21 1571, by the Assembly Committee on Rules,
22 Assembly Print 8435-A, an act to amend the
23 General Business Law.
24 SENATOR GOLD: Which is it?
25 ACTING PRESIDENT MARCELLINO:
7291
1 Yeah. Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 55.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: In relation to
11 Calendar 1572, Senator Seward moves to discharge
12 from the Committee on Rules Assembly Print 8029
13 A, and substitute it for the identical Senate
14 bill, Third Reading 1572.
15 ACTING PRESIDENT MARCELLINO:
16 Substitution is ordered. Secretary will read.
17 THE SECRETARY: Calendar Number
18 1572, by the Committee on Rules, Assembly Print
19 8029-A, an act to amend the Economic Development
20 Law.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
7292
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 55.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1573, by Senator Rath, Senate Print 5626, an act
8 to amend the Alcoholic Beverage Control Law.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 55.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: In relation to
20 Calendar Number 1574, Senator Johnson moves to
21 discharge from the Committee on Rules Assembly
22 Print 8319 and substitute it for the identical
23 Senate bill, Third Reading 1574.
24 ACTING PRESIDENT MARCELLINO:
25 Substitution is ordered. The Secretary will
7293
1 read.
2 THE SECRETARY: Calendar Number
3 1574, by the Committee on Rules, Assembly Print
4 8319, an act to amend the Environmental
5 Conservation Law.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect on the 30th day.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 55.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1575, by Senator Bruno, Senate Print 5723, an
18 act authorizing the village of Round Lake.
19 ACTING PRESIDENT MARCELLINO:
20 There is a home rule message at the desk.
21 Please read the last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARCELLINO:
25 Call the roll.
7294
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 55.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1577, by Senator Seward, Senate Print 5730-A, an
7 act to amend a chapter of the laws of 1997.
8 SENATOR GOLD: Home rule message
9 too?
10 ACTING PRESIDENT MARCELLINO: The
11 bill is high. Lay it aside.
12 THE SECRETARY: Calendar Number
13 1578, by Senator Spano, Senate Print 5742, an
14 act to amend the General Business Law.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is high. Lay it aside.
17 THE SECRETARY: Calendar Number
18 1579, by Senator Hannon, Senate Print 5745, an
19 act to amend the Public Health Law.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is high. Lay it aside.
22 THE SECRETARY: In relation to
23 Calendar Number 1580, Senator Alesi moves to
24 discharge from the Committee on Rules Assembly
25 Print 5193 and substitute it for the identical
7295
1 Senate bill, Third Reading 1580.
2 ACTING PRESIDENT MARCELLINO:
3 There is a message of necessity -- no, no, there
4 is a substitution ordered. I'm sorry.
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 1580, by member of the Assembly Robach, Assembly
8 Print 5193, an act to amend the Executive Law.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 6. This
12 act shall take effect November 1st.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 55.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1582, by Senator Bruno, Senate Print 774, an act
21 to authorize.
22 SENATOR GOLD: Lay it aside.
23 ACTING PRESIDENT MARCELLINO:
24 Laid aside.
25 THE SECRETARY: Calendar Number
7296
1 1583, by Senator Marchi, Senate Print 2877-B, an
2 act to amend the Public Health Law.
3 SENATOR GOLD: Lay aside.
4 ACTING PRESIDENT MARCELLINO: Lay
5 the bill aside.
6 THE SECRETARY: Calendar Number
7 1584, by Senator Hannon, Senate Print 5346, an
8 act to amend the Public Health Law.
9 SENATOR DOLLINGER: Lay the bill
10 aside, please.
11 ACTING PRESIDENT MARCELLINO: Lay
12 the bill aside, please.
13 THE SECRETARY: Calendar Number
14 1585, by Senator Marcellino, Senate Print 5693
15 A, an act to amend the Environmental
16 Conservation Law.
17 ACTING PRESIDENT MARCELLINO:
18 There is a message of necessity at the desk.
19 Secretary will read.
20 I'm sorry. Senator Holland, do
21 you want to move to accept the message?
22 SENATOR HOLLAND: I move.
23 ACTING PRESIDENT MARCELLINO:
24 Move to accept the message of necessity. All in
25 favor signify by saying aye.
7297
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response.)
4 The message is accepted.
5 Secretary will read the last section.
6 SENATOR GOLD: Which one is this?
7 ACTING PRESIDENT MARCELLINO: I'm
8 not going to tell you. We're not telling.
9 1585.
10 SENATOR GOLD: 1585.
11 THE SECRETARY: Section 8. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 55.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1586, by Senator Spano, Senate Print 5758, an
21 act to amend the Labor Law.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is high. Lay it aside.
24 THE SECRETARY: Calendar Number
25 1587, by Senator Cook, Senate Print 5683-A, an
7298
1 act to amend the Agriculture and Markets Law.
2 ACTING PRESIDENT MARCELLINO:
3 This bill is not on the printed calendar that
4 was reported out of Rules. There is a message
5 of necessity at the desk.
6 SENATOR HOLLAND: Move to accept
7 the message.
8 ACTING PRESIDENT MARCELLINO:
9 Motion is to accept the message of necessity.
10 All in favor signify by saying aye.
11 (Response of "Aye.")
12 Opposed nay.
13 (There was no response.)
14 The message is accepted.
15 Read the last section.
16 SENATOR GOLD: Hold on a minute.
17 Don't lay it aside.
18 ACTING PRESIDENT MARCELLINO:
19 This is Senate Print Number 5683-A.
20 SENATOR GOLD: Last section.
21 Thank you very much.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section, please.
24 THE SECRETARY: Section 8. This
25 act shall take effect immediately.
7299
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 55.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 Senator Holland, that completes
8 the non-controversial reading of the Calendar.
9 SENATOR HOLLAND: Can we do the
10 controversial reading, please, Mr. President.
11 ACTING PRESIDENT MARCELLINO:
12 Yes, we can. Secretary will read.
13 THE SECRETARY: Calendar Number
14 619, by Senator Seward, Senate Print 3367, an
15 act to amend the Executive Law.
16 SENATOR GOLD: Explanation.
17 ACTING PRESIDENT MARCELLINO: Can
18 we lay that bill aside temporarily, please.
19 THE SECRETARY: Calendar Number
20 1564, by Senator DeFrancisco, Senate Print 3917
21 B, an act to amend the Parks, Recreation and
22 Historic Preservation Law.
23 SENATOR PATERSON: Explanation.
24 ACTING PRESIDENT MARCELLINO:
25 Senator DeFrancisco, an explanation has been
7300
1 asked for by Senator Paterson.
2 SENATOR DeFRANCISCO: Yes. The
3 state of New York has many leases of some parts
4 of park lands for various projects, and
5 generally they're less than 20 years. Sometimes
6 they're a little bit more. They have to be
7 required -- they have to have special
8 legislation and the concept is that, if you have
9 huge investments in the various leases, that 10
10 or 20 years won't justify the investment, so
11 rather than having -- we earlier tried -- the
12 administration earlier wanted a bill that would
13 basically be open ended that if it was a lease,
14 an investment of so much, then you could have a
15 lease of a longer term automatically without
16 designating the project.
17 Version A of this bill had five
18 projects in it, specific projects, rather than
19 giving blanket authority on all leases with
20 certain investments that were required. There
21 was some concern about structures in Empire
22 Fulton Ferry State Park and that was in the "A"
23 version. That was left out. That was in
24 Senator Connor's district, so that is not in
25 here. The four other ones that remain that are
7301
1 requiring long-term leases, and that's what this
2 is authorizing, would be a project in Senator
3 Nanula's district, Niagara Reservation State
4 Park and Observation Tower, a project in Senator
5 Leibell's district, brick cottage and out
6 buildings on John Jay State Park, and two in
7 Senator Saland's district, Hoyt house and barns
8 on Mill State Park and the out buildings at
9 Olana State Historic Site, and this would
10 authorize long-term leases because of the
11 amounts of money that is required to renovate
12 these projects by private industry, doesn't
13 justify a shorter term.
14 SENATOR PATERSON: All right.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section, please.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Ayes 55.
25 ACTING PRESIDENT MARCELLINO: In
7302
1 anticipation of that vote, the bill is passed.
2 Senator Holland.
3 SENATOR HOLLAND: Mr. President,
4 can we lay aside for the day 1566 and also 781
5 for the day, please.
6 ACTING PRESIDENT MARCELLINO:
7 Yes, we can. We can lay aside Calendar Number
8 781 for the day and Calendar Number 1566 for the
9 day.
10 THE SECRETARY: Calendar Number
11 1569, by member of the Assembly Weprin, Assembly
12 Print 3807-B, an act to amend the Highway Law.
13 ACTING PRESIDENT MARCELLINO:
14 Read the last section.
15 SENATOR PATERSON: Explanation,
16 please.
17 SENATOR HOLLAND: Lay aside
18 temporarily, please, Mr. President.
19 ACTING PRESIDENT MARCELLINO: Lay
20 that bill aside temporarily.
21 THE SECRETARY: Calendar Number
22 1582, by Senator Bruno, Senate Print 774, an act
23 to authorize Thomas G. Restino, employed by the
24 village of Hoosick.
25 ACTING PRESIDENT MARCELLINO:
7303
1 Read the last section.
2 SENATOR PATERSON: Explanation.
3 ACTING PRESIDENT MARCELLINO: Lay
4 it aside temporarily, please.
5 THE SECRETARY: Calendar Number
6 1583, by Senator Marchi, Senate Print 2877-B, an
7 act to amend the Public Health Law.
8 SENATOR MARCHI: Mr. President.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Marchi, why do you rise?
11 SENATOR MARCHI: Yes. I just
12 wanted to make a short statement on this bill.
13 I intend to recommit this bill
14 and I'll give you -- I just want to make a brief
15 statement explaining why.
16 I'm fully and completely
17 committed to the enactment of the legislation
18 and I feel that this bill does, but I'm also
19 disquieted to some extent that there are still
20 people who have some, at least if not in my
21 terms meritorious, but at least they are
22 disquieted because of sincere questions that
23 they have raised on the appropriateness of this
24 bill as it relates especially to research and
25 development, and I believe that when we enact
7304
1 legislation of sweeping proportions such as this
2 issue raises, that we ought to have sturdy
3 underpinnings, so that there is general
4 satisfaction that all legitimate concerns are
5 fully met.
6 Great Britain has enacted
7 legislation and indeed they were the progenitors
8 or the genitors of the concept and of its
9 implementation in animals, but I feel that there
10 should be stronger undergirding of legislation
11 of this sweep and effect in the 48 states -- the
12 50 states, I'm dating myself -- before we
13 proceed further.
14 So my commitment is not to be
15 interpreted in any way. My commitment remains
16 strong and sturdy to this legislation and I will
17 be working on future bills to be re-submitted at
18 the next session on this bill, and I hope that
19 will enjoy the confidence and support of all
20 people who are -- who may have some genuine
21 concerns at this time.
22 ACTING PRESIDENT MARCELLINO:
23 Thank you, Senator. The bill is recommitted.
24 Secretary will continue to read
25 the controversial calendar.
7305
1 THE SECRETARY: Calendar Number
2 1584, by Senator Hannon, Senate Print 5346, an
3 act to amend the Public Health Law.
4 SENATOR DOLLINGER: Explanation.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Hannon, an explanation has been
7 requested of you by Senator Paterson.
8 SENATOR HANNON: This bill
9 repeals the 8.18 percent assessment for the
10 health care format as it is applied to
11 laboratory services for free-standing
12 laboratories.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Dollinger.
15 Senator Holland, would you yield
16 to Senator Dollinger, please? He yields,
17 Senator.
18 SENATOR HANNON: Yes. Senator
19 Hannon.
20 ACTING PRESIDENT MARCELLINO:
21 Senator, could you -- I know the hour is late,
22 ladies and gentlemen, but could we just keep it
23 calm so we can hear the debate and move this
24 thing along a little bit quicker.
25 Thank you for your patience.
7306
1 SENATOR DOLLINGER: Again,
2 through you, Mr. President. Thank you. Senator,
3 why would we do this just for the clinical labs?
4 I know you have worked in your position as chair
5 of the Health Committee to establish a
6 competitive environment in the New York State
7 health care system in which competitive
8 advantages are balanced off among all the
9 players as we try to keep this system efficient
10 and keep it changing and keep it evolving to
11 keep up with the needs of industry and the needs
12 to control costs.
13 Why would we take that
14 competitive model that, frankly, you are one of
15 the architects of and throw in a situation where
16 we would create a huge competitive advantage for
17 clinical laboratories but not give that same
18 advantage to hospital laboratories or other
19 provider laboratories?
20 I just -- it seems inconsistent
21 with the model of the health care system that
22 you have been a part of devising.
23 SENATOR HANNON: Well, when we
24 pass this, which puts on assessments that are
25 not general fund things but within the fund that
7307
1 supports activities in the health care system,
2 specifically the bad debt and charity care for
3 hospitals specifically, the graduate medical
4 education payments to hospitals, our teaching
5 hospitals, and to the Child Health Plus program
6 and some other lesser programs, we were trying
7 to broaden these now unbundled payments among
8 all providers.
9 It turns out, however, that for
10 these providers they probably have a couple
11 unique situations unlike the other health care
12 providers subject to the assessment, and these
13 providers, more important than anything else,
14 never see their customers. They are given an
15 order form from physicians or other health care
16 practitioners who may be authorized to do so.
17 They don't have any direct relationship with
18 that -- the customer, which is the patient and
19 yet it's the customer who should be -- the
20 insurer who should be giving the information and
21 so there is a lot of misinformation out there as
22 to who's covered and who's not covered, and
23 second, the sheer volume of these, they're
24 measured in the millions as opposed to the far
25 lesser number of patients in their hospital
7308
1 bills, and so it became obvious that there was a
2 problem and, in trying to address it, a number
3 of different avenues were offered and it's my
4 simple statement that the best way to do it at
5 this particular time is just to take that off
6 the free-standing clinical laboratories.
7 SENATOR DOLLINGER: Again through
8 you, Mr. President, but -
9 ACTING PRESIDENT MARCELLINO:
10 Senator, do you continue to yield? Excuse me.
11 Senator Hannon, do you continue to yield?
12 SENATOR HANNON: Yes.
13 ACTING PRESIDENT MARCELLINO: He
14 continues to yield.
15 SENATOR DOLLINGER: Senator, if
16 this bill became law free-standing clinical
17 laboratories would be able to discount their
18 services an automatic 8.1 percent less than
19 comparable identical services provided by a
20 hospital or a non-free-standing clinical
21 laboratory, isn't that correct? Because they
22 won't have to collect the assessment.
23 SENATOR HANNON: Anybody can
24 discount anything right now under the
25 deregulation we did already, and that's really
7309
1 not been really measured, the impact. The
2 hospital laboratories are really the ones who
3 already know their patients, know whether or not
4 they have insurance that will pay these
5 assessments directly, have them already in their
6 billing system, and don't have to enter them
7 into it, so under that measure of competition,
8 you could say that this is more or less
9 addressing some inner quality that's already
10 existing under this system.
11 SENATOR DOLLINGER: Again through
12 you, Mr. President, if Senator Hannon -
13 ACTING PRESIDENT MARCELLINO: Do
14 you continue to yield? He yields, Senator.
15 SENATOR HANNON: Yes, Mr.
16 President.
17 SENATOR DOLLINGER: And again,
18 Mr. Chairman, I apologize for perhaps the
19 insistence of my questioning, but doesn't this
20 mean that, if you have laboratory work that you
21 could refer out, that you would be able to, if
22 you were a physician and you would look at the
23 costs of referring it out and realize that if it
24 were done by a free-standing clinical laboratory
25 it would be 8.18 percent less expensive, doesn't
7310
1 that put a -- well, first of all, the question
2 is that accurate and secondly, doesn't that put
3 a huge incentive to drive business to clinical
4 laboratories over other laboratories in our
5 system?
6 SENATOR HANNON: Yes, but to
7 carry your reasoning one step further and using
8 history as our model, one would think that if
9 that were to be the case, then the existing
10 hospitals would simply say, easy enough to do,
11 we'll just buy a few of these free-standing and
12 then we'll be able to take care of it in that
13 way, which is actually one of the reasons we
14 decided to try to apply this across the board.
15 It -- when you're dealing with -
16 you're really dealing with a number of different
17 economic models when you come to each of the
18 different health care providers, you know. The
19 physician is a much different model than a
20 clinic. The clinic is much different than the
21 hospital. Even in-patient and out-patient is
22 different and yet you're trying to bring them
23 all together, and you're also, by the way -
24 have a requirement under federal law that you
25 impose any surcharges in an even-handed fashion
7311
1 on the provider tax rolls, so there's a number
2 of things that can happen, and they're all
3 speculative, but at the moment I think this
4 proposal fits the best solution.
5 SENATOR DOLLINGER: O.K. A final
6 question through you, Mr. President, then I'll
7 address the bill.
8 ACTING PRESIDENT MARCELLINO:
9 Senator, do you yield for one more question?
10 SENATOR HANNON: Yes, last
11 question.
12 ACTING PRESIDENT MARCELLINO: He
13 yields, Senator, last question.
14 SENATOR DOLLINGER: Senator,
15 what's the hit on the bad debt and charity care
16 pool by creating this special exemption for
17 clinical laboratories?
18 SENATOR HANNON: My guess is
19 somewhere between 18 and 20 million, but that
20 pool -- the pools, I think, have been made up by
21 the fact that this recently is part of the
22 Medicare waiver. You have more money coming for
23 the purpose of the cost of training and,
24 therefore, we obviate the need to spend those
25 monies on the state work force you're training
7312
1 because we've already made certain allotments,
2 so I believe that the funding is there.
3 SENATOR DOLLINGER: On the bill,
4 Mr. President.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Dollinger, on the bill.
7 SENATOR DOLLINGER: I appreciate
8 the candor of the chairman of the Health
9 Committee. He has been one of those who last
10 year led the fight for parity and for equality
11 in the extension of the state health care system
12 and especially in the funding of the bad debt
13 and charity care pool. He was one of the
14 leaders who said that, if you're going to
15 finance this, we've got to come up with a way to
16 make it work without creating economic
17 disincentives and changing the competitive
18 environment that's present in New York's health
19 care system because, as he has often so well
20 articulated, is the notion that by introducing
21 competition, by freeing ourselves from the reins
22 of the NYPHRM system, we would introduce
23 competition, it would make the system more
24 efficient and save us money.
25 Now, unfortunately, and this is
7313
1 where I disagree with the chairman, what I think
2 we're doing is, I think we're taking that finely
3 tuned or at least to the best we could fine tune
4 it last year, we're now introducing exactly what
5 the system just tried to be rid of, and that is
6 exceptions to the rule that would drive health
7 care services in a certain direction, that would
8 take these and create incentives which start to
9 skew the factors of economic determinism and of
10 economic activity in the marketplace.
11 One of the ways to do that is to
12 say we have an assessment on all the providers,
13 on all the payers into the system to fund bad
14 debt and charity care. Now, for the first time
15 we're saying except, and really what we've done
16 is selected a group and we've said we're not -
17 you're not going to participate. We're going to
18 say that the 8.18 percent that we assess on
19 everyone is not going to be assessed on you.
20 This is the first exception.
21 What this will do, Mr. Chairman,
22 I'm afraid, is this will drive the engine of
23 exceptions to swallow the rule and the system
24 that we worked so hard to develop and that,
25 frankly, you worked so very hard to develop that
7314
1 was a system that required the assessment across
2 the board will get everybody to pay into the bad
3 debt and charity care pool.
4 It would have all the
5 participants in the health care system fund
6 these public goods. We've now created an
7 exception. When we create an exception, we open
8 the door for others who want to save 18 to $20
9 million on what they pay into the system.
10 They'll be knocking on our door fast and furious
11 and lo and behold, at some point, some time the
12 next two or three years we'll have a system
13 that's riddled with exceptions that has all
14 kinds of favored entities and unfavored entities
15 and we won't have a competitive -- truly
16 competitive system. We'll have a system that's
17 totally out of whack and out of balance and will
18 require us to go back and sweep our table clean,
19 clean up all the exceptions and go back to a
20 uniform rule.
21 I think this is ill advised at
22 this stage. I think that the fact that HANYS
23 and other hospitals are against it shows that
24 this will dramatically alter the competitive
25 landscape in New York. If we were going to save
7315
1 the bad debt and charity care pool 18 to $20
2 million -- and the chairman is correct, there
3 have been changes in our health care system
4 driven by competition which have already reduced
5 our need to draw out from the bad debt and
6 charity care pool -- we ought to extend that
7 benefit across the board, reduce the assessment
8 by one percent for all the providers so that we
9 keep them all on that even playing field that
10 we've worked so hard to develop.
11 With all due respect to the
12 chairman, I'm going to vote against this bill.
13 I just think it reflects bad policy and it will
14 swallow the very diligent efforts of the
15 chairman of the Health Committee and the members
16 in this chamber who worked so hard to create a
17 fair and equitable system last year.
18 I urge my colleagues to vote no.
19 ACTING PRESIDENT MARCELLINO:
20 Read the last section.
21 THE SECRETARY: Section 10. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO:
24 Call the roll.
25 (The Secretary called the roll. )
7316
1 ACTING PRESIDENT MARCELLINO:
2 Record the negatives and announce the results,
3 please.
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 1584 are
6 Senators Abate, Breslin, Connor, Dollinger,
7 Gold, Leichter, Nanula, Onorato, Paterson, Smith
8 and Stachowski. Ayes 44, nays 11.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 Senator Holland.
12 SENATOR HOLLAND: Mr. President,
13 is there any housekeeping?
14 ACTING PRESIDENT MARCELLINO:
15 Senator, we don't have anything particularly.
16 We're waiting for some messages on some bills.
17 SENATOR HOLLAND: Messages are
18 not coming, we're told.
19 ACTING PRESIDENT MARCELLINO: If
20 they're not up there yet.
21 SENATOR HOLLAND: We're told the
22 messages are not coming, and the Senate will be
23 adjourned until 1:00 o'clock tomorrow
24 afternoon.
25 SENATOR GOLD: Hold it.
7317
1 SENATOR HOLLAND: David?
2 SENATOR PATERSON: Mr.
3 President.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Paterson.
6 SENATOR PATERSON: There will be
7 an immediate Minority Conference in the Minority
8 Conference Room.
9 ACTING PRESIDENT MARCELLINO:
10 Immediate conference of the Minority. We are in
11 discussions. We are accepting two messages of
12 necessity. We can hold.
13 Senator Holland. Excuse me.
14 SENATOR HOLLAND: I'm informed
15 that we have two messages coming very quickly,
16 so can we stand at ease until those two messages
17 get here.
18 ACTING PRESIDENT MARCELLINO:
19 Yes, we can. The Senate will stand at ease and
20 they're approaching the desk momentarily, this
21 instant. Don't drip.
22 Senator Holland.
23 SENATOR HOLLAND: Mr. President,
24 can we do bill 781, please.
25 ACTING PRESIDENT MARCELLINO:
7318
1 Calendar 781, yes, there is a message of
2 necessity on the bill. We have to read the bill
3 first. Secretary will read.
4 THE SECRETARY: Calendar Number
5 781, by Senator Hannon, Senate Print 5038-B, an
6 act to amend the Public Health Law.
7 SENATOR HOLLAND: Move we accept
8 the message.
9 ACTING PRESIDENT MARCELLINO:
10 Everybody in favor of accepting the message of
11 necessity for Calendar Number 781 signify by
12 saying aye.
13 (Response of "Aye.")
14 Opposed nay.
15 (There was no response.)
16 The message is accepted.
17 Secretary will read. Read the last section.
18 THE SECRETARY: Section 18. This
19 act shall take effect November 1st.
20 ACTING PRESIDENT MARCELLINO:
21 Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 55.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
7319
1 SENATOR HOLLAND: Can we do 1579,
2 please.
3 ACTING PRESIDENT MARCELLINO:
4 Yes, we can, Senator, Calendar Number 1579.
5 THE SECRETARY: Calendar Number
6 1579, by Senator Hannon, Senate Bill 5745, an
7 act to amend the Public Health Law.
8 SENATOR HOLLAND: Is there a
9 message at the desk?
10 ACTING PRESIDENT MARCELLINO:
11 Senator, there is a message of necessity at the
12 desk.
13 SENATOR HOLLAND: Move we accept
14 the message.
15 ACTING PRESIDENT MARCELLINO: All
16 those in favor of accepting the message of
17 necessity, signify by saying aye.
18 (Response of "Aye.")
19 Opposed nay.
20 (There was no response.)
21 The message is accepted,
22 Senator.
23 Secretary will read the last
24 section.
25 THE SECRETARY: Section 3. This
7320
1 act shall take effect on January 1st, 1998.
2 ACTING PRESIDENT MARCELLINO:
3 Senator Dollinger, why do you rise?
4 SENATOR DOLLINGER: Just for a
5 point of order, Mr. President. Which calendar
6 number is this, Mr. President?
7 ACTING PRESIDENT MARCELLINO:
8 1579, Senator.
9 SENATOR DOLLINGER: Thank you,
10 Mr. President.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect January 1st, 1998.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 55.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 Senator Holland.
22 SENATOR HOLLAND: Mr. President,
23 I'll try this once more. There being no further
24 business.
25 ACTING PRESIDENT MARCELLINO: Oh,
7321
1 oh, oh.
2 SENATOR HOLLAND: Housekeeping.
3 ACTING PRESIDENT MARCELLINO:
4 Housekeeping. We found some for you.
5 Senator Alesi.
6 SENATOR ALESI: On behalf of
7 Senator Trunzo, I offer the following amendments
8 to Calendar Number 1552, Senate Print 5694, and
9 I ask that said bill retain its place on the
10 Third Reading Calendar.
11 ACTING PRESIDENT MARCELLINO: It
12 will be done as you ask, Senator.
13 Now, Senator Holland.
14 SENATOR HOLLAND: Is there
15 anything further before we do this?
16 ACTING PRESIDENT MARCELLINO: The
17 house is clean.
18 Senator Paterson.
19 SENATOR PATERSON: Mr. President.
20 ACTING PRESIDENT MARCELLINO:
21 Yes, sir.
22 SENATOR PATERSON: On conclusion
23 of session, which should be momentarily, there
24 will be an immediate meeting of the Minority
25 Conference. There will also be a Minority
7322
1 Conference tomorrow at noon. Talking to
2 Minority members, we will not turn away Majority
3 members. For tickets please call the Minority
4 office, and we'll work it out.
5 ACTING PRESIDENT MARCELLINO: The
6 way I understand it there will be an immediate
7 Minority Conference following the recess of the
8 session and tomorrow morning, I don't recall the
9 time, Senator -- did you say at noon? -- there
10 will be a Minority Conference as well.
11 Senator Holland.
12 SENATOR HOLLAND: Mr. President,
13 I move we adjourn until 1:00 o'clock tomorrow,
14 Saturday, the 2nd of August.
15 ACTING PRESIDENT MARCELLINO:
16 Senate will stand adjourned until Saturday, the
17 2nd of August, at 1:00 p.m.
18 (Whereupon at 7:13 p.m., the
19 Senate adjourned.)
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