Regular Session - August 3, 1997
7440
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7 ALBANY, NEW YORK
8 August 3, 1997
9 2:40 p.m.
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12 REGULAR SESSION
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16 SENATOR JOHN R. KUHL, JR., Acting President
17 STEPHEN F. SLOAN, Secretary
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7441
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: Senate
3 will come to order. Members take their places.
4 Staff take their places.
5 I'd ask everybody in the chamber
6 to rise and join with me in saying the Pledge of
7 Allegiance to the Flag.
8 (Whereupon, the Senate and those
9 present joined in the Pledge of Allegiance to
10 the Flag.)
11 In the absence of clergy, may we
12 bow our heads in a moment of silence.
13 (Whereupon, there was a moment of
14 silence.)
15 Reading of the Journal.
16 THE SECRETARY: In Senate,
17 Saturday, August 2nd. The Senate met pursuant
18 to adjournment. The Journal of Friday, August
19 1st, was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT KUHL: Hearing
22 no objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
7442
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Marcellino.
8 SENATOR MARCELLINO: Thank you,
9 Mr. President. On behalf of myself, I wish to
10 call up my bill, Print Number 5620, recalled
11 from the Assembly, which is now at the desk.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read.
14 THE SECRETARY: By Senator
15 Marcellino, Senate Print 5620, an act
16 authorizing the county of Suffolk.
17 ACTING PRESIDENT KUHL: Senator
18 Marcellino.
19 SENATOR MARCELLINO: Mr.
20 President, I now move to reconsider the vote by
21 which this bill was passed.
22 ACTING PRESIDENT KUHL: The
23 Secretary will call the roll on reconsideration.
24 (The Secretary called the roll on
25 reconsideration.)
7443
1 THE SECRETARY: Ayes 39.
2 ACTING PRESIDENT KUHL: The bill
3 is before the house.
4 Senator Marcellino.
5 SENATOR MARCELLINO: Mr.
6 President, I now offer the following amendments.
7 ACTING PRESIDENT KUHL:
8 Amendments are received and adopted.
9 SENATOR MARCELLINO: Thank you.
10 ACTING PRESIDENT KUHL: Senator
11 Marcellino.
12 SENATOR MARCELLINO: Mr.
13 President, on behalf of Senator Stafford, on
14 page number 4, I offer the following amendments
15 to Calendar Number 1155, Senate Print Number
16 5349A, and ask that said bill retain its place
17 on the Third Reading Calendar.
18 ACTING PRESIDENT KUHL:
19 Amendments are received and adopted. The bill
20 will retain its place on the Third Reading
21 Calendar.
22 SENATOR MARCELLINO: Thank you.
23 ACTING PRESIDENT KUHL: Senator
24 Lack.
25 SENATOR LACK: Thank you, Mr.
7444
1 President. I would like to announce that in 14
2 minutes, at 3:00 o'clock, there will be a
3 Committee on Judiciary meeting in Room 332, the
4 Majority Conference Room.
5 ACTING PRESIDENT KUHL: There
6 will be a Judiciary Committee meeting at 3:00
7 p.m. this afternoon in the Majority Conference
8 Room, Room 332.
9 Senator Skelos.
10 SENATOR SKELOS: Are there any
11 substitutions to make at this time?
12 ACTING PRESIDENT KUHL: None at
13 the desk.
14 SENATOR SKELOS: Mr. President,
15 there will be an immediate meeting of the Rules
16 Committee in the Majority Conference Room, and
17 if we could take up Calendar 65,
18 noncontroversial.
19 ACTING PRESIDENT KUHL: There
20 will be an immediate meeting of the Rules
21 Committee, immediate meeting of the Rules
22 Committee in the Majority Conference Room, Room
23 332.
24 Senator Skelos.
25 SENATOR SKELOS: If we could take
7445
1 up Calendar Number 1616 first.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the title to Calendar Number 1616.
4 THE SECRETARY: Calendar Number
5 1616, by the Committee on Rules, Senate Print
6 5778, an act to amend the Racing, Pari-Mutuel
7 Wagering and Breeding law.
8 ACTING PRESIDENT KUHL: The
9 motion is to accept the message of necessity
10 which is at the desk on Calendar Number 1616.
11 All those in favor, signify by
12 saying aye.
13 (Response of "Aye.")
14 Opposed, nay.
15 (There was no response.)
16 The message is accepted.
17 SENATOR STACHOWSKI: Explanation.
18 ACTING PRESIDENT KUHL: Senator
19 Larkin, are you doing the explanation of
20 Calendar Number 1616?
21 SENATOR LARKIN: Yes.
22 ACTING PRESIDENT KUHL: Senator
23 Stachowski asked for an explanation.
24 SENATOR LARKIN: Bill, all this
25 does is extend simulcasting for another day.
7446
1 ACTING PRESIDENT KUHL: The
2 Secretary will 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 ACTING PRESIDENT KUHL: Record
9 the negatives and announce the results.
10 THE SECRETARY: Ayes 38, nays 2,
11 Senators Padavan and Tully recorded in the
12 negative.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 Senator Holland.
16 SENATOR HOLLAND: Senator Kuhl,
17 can we do Calendar 485, please.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the title to Calendar Number 485.
20 THE SECRETARY: Calendar Number
21 485, by Senator Bruno, Senate Print 3A, an act
22 to amend the Education Law.
23 SENATOR HOLLAND: Is there a
24 message of necessity, Mr. President?
25 ACTING PRESIDENT KUHL: There is.
7447
1 SENATOR HOLLAND: Move we accept
2 the message.
3 ACTING PRESIDENT KUHL: The
4 motion is to accept the message of necessity on
5 Calendar Number 485.
6 All those in favor, signify by
7 saying aye.
8 (Response of "Aye.")
9 Opposed, nay.
10 (There was no response.)
11 The message is accepted.
12 The Secretary will read the last
13 section.
14 THE SECRETARY: Section 10. 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 40.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 SENATOR HOLLAND: Mr. President,
23 may we do Calendar 1577, please.
24 ACTING PRESIDENT KUHL: Secretary
25 will read Calendar Number 1577.
7448
1 THE SECRETARY: Calendar Number
2 1577, by Senator Seward, Senate Print 5730A, an
3 act to amend a Chapter of the Laws of 1997.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the same date as such
8 chapter.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 40.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 SENATOR HOLLAND: Mr. President,
16 can we do Calendar 1614, please.
17 ACTING PRESIDENT KUHL: Secretary
18 will read Calendar Number 1614.
19 THE SECRETARY: Calendar Number
20 1614, by Senator Meier, Senate Print 5743, an
21 act to amend the Alcoholic Beverage Control Law.
22 ACTING PRESIDENT KUHL: Senator
23 Holland.
24 SENATOR HOLLAND: Is there a
25 message of necessity at the desk?
7449
1 ACTING PRESIDENT KUHL: There is.
2 SENATOR HOLLAND: Move the
3 message.
4 ACTING PRESIDENT KUHL: The
5 motion is to accept the message of necessity on
6 Calendar Number 1614.
7 All those in favor, signify by
8 saying aye.
9 (Response of "Aye.")
10 Opposed, nay.
11 (There was no response.)
12 The message is accepted.
13 The Secretary will read the last
14 section.
15 SENATOR DOLLINGER: Explanation.
16 ACTING PRESIDENT KUHL: Senator
17 Meier, an explanation of Calendar Number 1614
18 has been requested by Senator Dollinger.
19 SENATOR MEIER: Thank you, Mr.
20 President. Although I was not here last year,
21 members will recall that last year legislation
22 was changed with regard to the brewing industry
23 and its relationship with wholesalers and the
24 nature of the agreements between them.
25 At the time that the Governor
7450
1 approved and signed that bill into law, the
2 message of approval indicated certain concerns
3 expressed mostly on the part of the small native
4 breweries within the state of New York. The
5 bill before the Senate today addresses those
6 concerns.
7 Generally speaking, what it does
8 is in the instance of agreements that are made
9 between a wholesaler and a large national
10 brewery or a limited partnership formed between
11 a wholesaler and a large national brewery or a
12 credit arrangement between them that would
13 result in a concern on the part of smaller
14 native brewers that they might, in effect, be
15 squeezed out of the wholesale market:
16 First, that notice of that change
17 be given so that they can work with the
18 wholesaler to take care of those concerns;
19 Secondly, if the concern becomes
20 realized that they are able, because of that
21 change in the marketing strategy that squeezes
22 out the native smaller brewers, to terminate the
23 agreement.
24 That's broadly speaking what this
25 does.
7451
1 ACTING PRESIDENT KUHL: Senator
2 Dollinger.
3 SENATOR DOLLINGER: If Senator
4 Meier will yield?
5 ACTING PRESIDENT KUHL: Senator
6 Meier, will you yield to a question?
7 SENATOR MEIER: Yes.
8 ACTING PRESIDENT KUHL: The
9 Senator yields.
10 SENATOR DOLLINGER: Senator, I
11 appreciate the intent of this bill, and I have
12 not been through all the text of it, but last
13 year when we did the franchisee wholesalers
14 agreement for the brewing industry, F.X. Matt's
15 and Genesee Brewery were two of the native
16 brewers that you, I think, are referencing, came
17 out in opposition to that bill and led the
18 opposition to that bill, and I voted against
19 that bill because Genesee Brewery is one of the
20 largest employers right in the heart of
21 Rochester, New York.
22 My question is, do you know
23 whether those breweries have had an opportunity
24 to look at this bill and determine a position on
25 it?
7452
1 SENATOR MEIER: Yes, they have.
2 My understanding is that the Matt Brewing
3 Company supports this bill. I do have a letter
4 in my hand from the Vice-President and General
5 Counsel of Genesee, who indicates that his
6 company neither opposes nor supports this bill.
7 SENATOR DOLLINGER: May I just
8 examine that for a second.
9 Mr. President, on the bill.
10 ACTING PRESIDENT KUHL: Senator
11 Dollinger, on the bill.
12 SENATOR DOLLINGER: Mr.
13 President, I'm going to vote in favor of this
14 technical correction. I want to commend Senator
15 Meier and the Governor's office for working to
16 correct some of the deficiencies in the bill
17 last year. The bill last year was largely
18 written for major national wholesalers of beer,
19 and it created, in my judgment, a disincentive
20 for the system to support our native brewing
21 industry and for someone who represents, as I
22 said, 600 employees of the Genesee Brewing
23 Company -- I didn't get a chance to read the
24 whole memo, but it appears as though they have
25 at least taken a position of neutrality and that
7453
1 this bill may improve to some extent the
2 competitive disadvantage that they now have
3 against large national wholesalers.
4 So I'm going to support this, Mr.
5 President. I wish I had actually gotten the
6 memo from Genesee Brewery directly, but I will
7 support this move, and I think it's a good step,
8 and I commend the Governor and Senator Meier and
9 others for working on this problem to make sure
10 that our -- when we try to improve the lot of
11 franchisees, we don't do it at the expense of
12 our own brewing industry.
13 ACTING PRESIDENT KUHL: Is there
14 any other Senator wishing to speak on the bill?
15 Hearing none, the Secretary will
16 read the last section.
17 THE SECRETARY: Section 5. 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 44.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 Senator Holland.
7454
1 SENATOR HOLLAND: Mr. President,
2 can we stand at ease awaiting the report of the
3 Rules Committee, please.
4 ACTING PRESIDENT KUHL: The
5 Senate will stand at ease.
6 (Whereupon, at 2:58 p.m., the
7 Senate was at until 3:04 p.m.)
8 ACTING PRESIDENT KUHL: Senate
9 will come to order.
10 SENATOR HOLLAND: Mr. President.
11 ACTING PRESIDENT KUHL: Senator
12 Holland.
13 SENATOR HOLLAND: Mr. President,
14 do you have some housekeeping?
15 ACTING PRESIDENT KUHL: Yes.
16 We'll return to the order of motions and
17 resolutions.
18 The Chair recognizes Senator
19 Marcellino.
20 SENATOR MARCELLINO: Thank you,
21 Mr. President. On behalf of Senator Larkin, I
22 wish to call up his bill, Print Number 4285A,
23 recalled from the Assembly, which is now at the
24 desk.
25 ACTING PRESIDENT KUHL: The
7455
1 Secretary will read.
2 THE SECRETARY: By Senator
3 Larkin, Senate Print 4285A, an act to amend the
4 General Municipal Law.
5 ACTING PRESIDENT KUHL: Senator
6 Marcellino.
7 SENATOR MARCELLINO: Mr.
8 President, I now move to reconsider the vote by
9 which this bill was passed.
10 ACTING PRESIDENT KUHL: The
11 Secretary will call the roll on reconsideration.
12 (The Secretary called the roll on
13 reconsideration.)
14 THE SECRETARY: Ayes 45.
15 ACTING PRESIDENT KUHL: The bill
16 is before the house.
17 Senator Marcellino.
18 SENATOR MARCELLINO: Mr.
19 President, I now offer the following amendments.
20 ACTING PRESIDENT KUHL: The
21 amendments are received and adopted.
22 SENATOR MARCELLINO: Thank you,
23 sir.
24 ACTING PRESIDENT KUHL: Senator
25 Holland.
7456
1 SENATOR HOLLAND: Mr. President,
2 can we return to the order of standing
3 committees and have a report of the Rules
4 Committee, please.
5 ACTING PRESIDENT KUHL: We'll
6 return to the order of reports of standing
7 committees.
8 The Secretary will read the
9 report of the Rules Committee, which is at the
10 desk.
11 THE SECRETARY: Senator Bruno,
12 from the Committee on Rules, offers up the
13 following bills:
14 Senate Print 95A, by Senator
15 Velella, an act to amend the Insurance Law;
16 Senate Print 1456A, by Senator
17 Kuhl, an act to amend the Alcoholic Beverage
18 Control Law;
19 Assembly Print 7548, by the
20 Committee on Rules, an act to amend the Tax Law;
21 Senate Print 5531, by the
22 Committee on Rules, an act to amend Section 564
23 of the Laws of 1970;
24 2808, by Senator Montgomery, an
25 act to authorize the city of New York;
7457
1 5358B, by Senator Wright, an act
2 to amend the County Law;
3 5485A, by Senator Marcellino, an
4 act to amend the Environmental Conservation Law;
5 5632, by the Committee on Rules,
6 an act to amend the Tax Law;
7 5710, by Senator Velella, an act
8 to amend the Penal Law;
9 5744, by Senator Johnson, an act
10 to amend the Insurance Law;
11 5754, by Senator Velella, an act
12 to amend the Insurance Law; and
13 5771, by Senator Saland, an act
14 to amend the Social Services Law.
15 All bills directly for third
16 reading.
17 ACTING PRESIDENT KUHL: Senator
18 Holland.
19 SENATOR HOLLAND: Mr. President,
20 I move we accept the report of the Rules
21 Committee.
22 ACTING PRESIDENT KUHL: The
23 motion is to accept the report of the Rules
24 Committee.
25 All those in favor, signify by
7458
1 saying aye.
2 (Response of "Aye.")
3 Opposed, nay.
4 (There was no response.)
5 The Rules Report is accepted.
6 Bills are ordered directly to
7 third reading.
8 Senator Holland.
9 SENATOR HOLLAND: Mr. President,
10 can we do the Supplemental Calendar 65A, the
11 noncontroversial reading, please.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the noncontroversial reading
14 of Supplemental Calendar 65A, which is on the
15 members' desks together with the bills.
16 THE SECRETARY: Calendar Number
17 233, by Senator Velella, Senate Print 95A, an
18 act to amend the Insurance Law.
19 ACTING PRESIDENT KUHL: The
20 Secretary 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.)
7459
1 THE SECRETARY: Ayes 45.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: In relation to
5 Calendar Number 876, Senator Kuhl moves to
6 discharge from the Committee on Rules Assembly
7 Print 1524A and substitute it for the identical
8 Senate bill, Third Reading 876.
9 ACTING PRESIDENT KUHL: The
10 substitution is ordered. The Secretary will
11 read the title.
12 THE SECRETARY: Calendar Number
13 876, by Member of the Assembly Matusow, Assembly
14 Print 1524A, an act to amend the Alcoholic
15 Beverage Control Law.
16 ACTING PRESIDENT KUHL: The
17 Secretary 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 45.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
7460
1 THE SECRETARY: Calendar Number
2 896, by the Assembly Committee on Rules,
3 Assembly Print 7548, an act to amend the Tax
4 Law.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 2. 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 45.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1353, by the Committee on Rules, Senate Print
17 5531, an act to amend Section 564 of Chapter 170
18 of the Laws of 1994.
19 ACTING PRESIDENT KUHL: The
20 Secretary 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.)
7461
1 THE SECRETARY: Ayes 45.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1615, by Senator Montgomery, Senate Print 2808,
6 an act to authorize the city of New York to
7 reconvey its interest.
8 ACTING PRESIDENT KUHL: There is
9 a home rule message at the desk.
10 The Secretary will read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 45.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1617, by Senator Wright, Senate Print 5358B, an
22 act to amend the County Law.
23 ACTING PRESIDENT KUHL: There is
24 a home rule message at the desk.
25 The Secretary will read the last
7462
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 45.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: In relation to
11 Calendar Number 1618, Senator Marcellino moves
12 to discharge from the Committee on Rules
13 Assembly Print 7909C and substitute it for the
14 identical Senate print, Third Reading 1618.
15 ACTING PRESIDENT KUHL:
16 Substitution is ordered. The Secretary will
17 read the title.
18 THE SECRETARY: Calendar Number
19 1618, by the Assembly Committee on Rules,
20 Assembly Print 7909C, an act to amend the
21 Environmental Conservation Law.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
7463
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 45.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: In relation to
8 Calendar Number 1619, Senator Bruno moves to
9 discharge from the Committee on Rules Assembly
10 Print 8340 and substitute it for the identical
11 Senate bill, Third Reading 1619.
12 ACTING PRESIDENT KUHL:
13 Substitution is ordered. Secretary will read
14 the title.
15 THE SECRETARY: Calendar Number
16 1619, by the Assembly Committee on Rules,
17 Assembly Print 8340, an act to amend the Tax
18 Law.
19 ACTING PRESIDENT KUHL: The
20 Secretary 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.)
7464
1 THE SECRETARY: Ayes 45.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1620, by Senator Velella, Senate Print 5710, an
6 act to amend the Penal Law.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the 1st day of
11 November.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 45.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1621, by Senator Johnson, Senate Print 5744, an
20 act to amend the Insurance Law.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the same date as a
25 chapter of the laws of 1997.
7465
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 45.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1622, by Senator Velella, Senate Print 5754, an
9 act to amend the Insurance Law.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 8. This
13 act shall take effect in 90 days.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 45.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: For the benefit
21 of the members, Calendar Number 1623 is high.
22 There is no message at the desk. So the bill
23 has to be laid aside.
24 Senator Holland, that completes
25 the reading of the noncontroversial Supplemental
7466
1 Calendar No. 65A.
2 SENATOR HOLLAND: Mr. President,
3 can we stand at ease awaiting the report of the
4 Judiciary Committee.
5 ACTING PRESIDENT KUHL: The
6 Senate will stand at ease awaiting the report of
7 the Judiciary Committee.
8 (Whereupon, at 3:12 p.m., the
9 Senate was at ease until 4:07 p.m.)
10 ACTING PRESIDENT KUHL: Senate
11 will come to order. I ask the members to find
12 their places, staff to find their places.
13 Senator Holland.
14 SENATOR HOLLAND: Mr. President,
15 may we return to reports of standing committees
16 for a report of Judiciary Committee, please.
17 ACTING PRESIDENT KUHL: Return to
18 the order of reports of standing committees.
19 There is a report of the Judiciary Committee at
20 the desk.
21 I'll ask the Secretary to read
22 it.
23 THE SECRETARY: Senator Lack,
24 from the Committee on Judiciary, offers up the
25 following nominations:
7467
1 As a Judge of the Family Court of
2 Nassau County, Richard S. Lawrence, of Merrick.
3 ACTING PRESIDENT KUHL: Senator
4 Lack.
5 SENATOR LACK: Thank you, Mr.
6 President.
7 I rise to move the nomination of
8 Richard S. Lawrence of Merrick as a Judge of the
9 Family Court of Nassau County. Mr. Lawrence
10 appeared before the Committee on Judiciary
11 today. His credentials have been looked at by
12 the staff of the committee. He appeared before
13 the committee which has unanimously moved -
14 moved him to the floor.
15 I would like if I could, before
16 yielding to Senator Tully, to say a word on
17 behalf of our colleague, Senator Norman Levy,
18 who called me yesterday to talk about his very
19 longtime friend Richard Lawrence, who has served
20 as a counsel on his staff and has been a close
21 and intimate friend of his for many years.
22 Senator Levy, of course,
23 regretted not being able to be here on the floor
24 today so that he himself could stand and say how
25 well he thought of this appointment and to thank
7468
1 the Governor on his behalf -- Senator Levy's
2 behalf -- for the appointment of Mr. Lawrence to
3 the bench, and that he considered -- Senator
4 Levy did -- Mr. Lawrence's experience, his
5 demeanor, his close ties to a variety of
6 community organizations in Nassau County to be
7 of such great extent that he more than welcomed
8 the appointment and is just sorry that he can't
9 be here today personally to stand and say that
10 himself.
11 So on behalf of both myself and
12 Senator Levy, I would most respectfully yield to
13 Senator Mike Tully for purposes of a second.
14 ACTING PRESIDENT KUHL: Chair
15 recognizes Senator Tully, on the nomination.
16 SENATOR TULLY: Thank you, Mr.
17 President.
18 I'd like to take the opportunity
19 to congratulate the Governor on his fine
20 nomination of Richard Lawrence to be a Judge of
21 the Family Court in Nassau County. I've known
22 Richard since he was a very, very young man. He
23 holds his age very well. I wish I could say the
24 same, and I'd like all to know that Richard
25 comes from a judicial family. His father's a
7469
1 judge, and was one of my early neighbors when I
2 first moved into the county. He was very
3 helpful to me as a young attorney.
4 And in Richard's case, he comes
5 with all of the qualifications that one would
6 want in a member of the judiciary. He is
7 well-schooled. He is very, very intelligent.
8 He has judicial temperament, and beyond all
9 that, he has been very, very active in his
10 community. He has worked very actively in his
11 bar association. He has been involved in the
12 grievance committee of the bar association and
13 involved in the grievance committee of the
14 Appellate Division.
15 I think all of us will be served
16 by this nomination. I am privileged to be here
17 to confirm it today.
18 Thank you, Mr. President.
19 ACTING PRESIDENT KUHL: Senator
20 Marcellino, on the nomination.
21 SENATOR MARCELLINO: Thank you,
22 Mr. President.
23 I have known Richard Lawrence for
24 many, many years. As a former teacher, I've had
25 a lot of dealings with people involved in Family
7470
1 Court, and I can think of no better person with
2 no better temperament to go into that very
3 difficult situation and do it with intelligence,
4 common sense and just the right touch of
5 caring. Dick will be a fine addition to the
6 Court.
7 Congratulations and Godspeed to
8 you.
9 ACTING PRESIDENT KUHL: Senator
10 Skelos, on the nomination.
11 SENATOR SKELOS: Mr. President,
12 thank you.
13 I would like to join my
14 colleagues from Nassau County in congratulating
15 you, Rick, on this appointment.
16 I've had the opportunity to
17 attend numerous functions with you over the
18 years as you have represented Senator Levy in
19 such a fine way. I know that this is a very
20 special day for Norman with you being confirmed
21 as a judge of the Nassau County Family Court,
22 and I know Norman is at home with Joy right now,
23 smiling, and thanking the Governor for this
24 nomination.
25 Congratulations.
7471
1 ACTING PRESIDENT KUHL: Is there
2 any other Senator wishing to speak on the
3 nomination?
4 Hearing none, the question is on
5 the nomination of Richard S. Lawrence of
6 Merrick, New York, to become a Judge of the
7 Family Court of Nassau County.
8 All those in favor of the
9 nomination, signify by saying aye.
10 (Response of "Aye.")
11 Opposed, nay.
12 (There was no response.)
13 The nominee is unanimously
14 confirmed.
15 We are very, very pleased to have
16 Mr. Lawrence with us in the chamber in the
17 gallery on your left. He is joined with his
18 wife, Ronnie; son, Kyle; and friends John Ward,
19 Mr. Chin, Marge and George Leibowitz.
20 If you would rise, please, and be
21 recognized by the chamber, I know they wish you
22 all well.
23 (Applause.)
24 The Secretary will continue to
25 read.
7472
1 THE SECRETARY: As a judge of the
2 Family Court of Suffolk County, Ettore A.
3 Simeone, of Islip Terrace.
4 ACTING PRESIDENT KUHL: Senator
5 Lack.
6 SENATOR LACK: Thank you, Mr.
7 President.
8 I rise to move the nomination of
9 Ettore A. Simeone of Islip Terrace, who has been
10 nominated by the Governor as a judge of the
11 Suffolk County Family Court.
12 "Et", as he is known universally
13 to everyone, has had his credentials vetted by
14 the staff of the Senate Judiciary Committee. He
15 appeared before the committee just before, about
16 a half hour ago and was unanimously confirmed
17 and his nomination moved to the floor of the
18 Senate.
19 Et Simeone is currently principal
20 Law Clerk to Supreme Court Justice Pat Leis, and
21 in that capacity he works in the -- by
22 designation, that is, Justice Leis, as the
23 Article 81 Judge for Suffolk County.
24 For those of you who do not
25 remember, Article 81, of course, is the
7473
1 guardianship article and requires some of the
2 most complex legal and nonlegal maneuvers by
3 anybody who is attached to that part. It also
4 requires that you have to have a demeanor equal
5 to that of Job. You have to be able to take
6 what are ordinary occurrences for any of us and
7 put it into the complexion of Article 81 and the
8 requirements attached thereto.
9 I can't think of a better
10 appointment the Governor can make to Family
11 Court of Suffolk County than somebody like Et
12 Simeone, who has spent years of doing just that,
13 being able to take the ordinary, put it into the
14 complex requirements of our legal system, and
15 make sure that people come out of it whole. If
16 there is a better definition for how to become a
17 Family Court Judge, I don't know it.
18 I'm not going to go on too much
19 longer because I know Senator Trunzo has a few
20 remarks he'd like to make to second the
21 nomination.
22 But, Et, I'd like to offer you my
23 congratulations and the Governor for appointing
24 you for this nomination and wish you great
25 success in our Family Court in Suffolk County.
7474
1 And, Mr. President, I would most
2 respectfully yield to Senator Trunzo.
3 ACTING PRESIDENT KUHL: The Chair
4 recognizes Senator Trunzo, on the nomination.
5 SENATOR TRUNZO: Thank you, Mr.
6 President.
7 Senator Lack, you took my speech
8 away. I have known Et Simeone for many years,
9 and even though his name is Ettore, there's not
10 too many people who understand what that is, but
11 it's a good old Italian name. But Et Simeone
12 has been a friend and a very dedicated
13 individual and, as Senator Lack pointed out, he
14 has been the principal law clerk for Supreme
15 Court Justice Patrick Leis.
16 But prior to that, he was also,
17 for eight years, an assistant district attorney
18 of Suffolk County, and he served in the Felony
19 Trial Bureau as well as the Rackets Bureau,
20 among many others, and also had been in private
21 practice working very much on matrimonial and
22 Family Court items.
23 He has spent quite a bit of his
24 time active in the community. He's a very
25 active individual, having belonged to many, many
7475
1 organizations -- community organizations as well
2 as professional organizations, such as East
3 Islip Soccer League, East Islip Little League,
4 Knights of Columbus, Sons of Italy, and many of
5 the other organizations, professional
6 organizations within the law practice.
7 He is highly respected by his
8 peers, and he has done an outstanding job, and I
9 would like to really commend the Governor for
10 making this appointment for Et Simeone to be
11 Family Court Judge.
12 And with that, I wish you lots of
13 luck, Et. I'm sure you will do a great job.
14 ACTING PRESIDENT KUHL: Chair
15 recognizes Senator LaValle on the nomination.
16 SENATOR LAVALLE: Thank you, Mr.
17 President. I, too, rise to commend the Governor
18 in this nomination, and I think we can't say
19 enough. The Family Court is a difficult court
20 and it requires that the judge have the kind of
21 temperament, have the kind of concern in dealing
22 with young people.
23 Et has always been involved in
24 his community from the time he was in high
25 school, college and into this very time, and I
7476
1 think that being a father of five children also
2 will be very, very helpful in making him a
3 sensitive judge in a court that requires
4 sensitivity and a steady hand.
5 Congratulations to Et and his
6 family.
7 ACTING PRESIDENT KUHL: Senator
8 Johnson, on the nomination.
9 SENATOR JOHNSON: Mr. President,
10 I would like to also rise to commend the
11 Governor on this very fitting nomination.
12 Certainly, you have heard of the
13 background of this candidate from Senator Lack
14 and Senator Trunzo, but I can tell you that I've
15 been privileged to know his family, I guess,
16 perhaps before he was born or just about that
17 time and other relatives of his, and realize
18 that here's a young fellow who went to school in
19 West Babylon like many others -- North Babylon,
20 next to our community of West Babylon -- took
21 advantage of every opportunity, was active in
22 his schools, got very good grades, got to
23 college, very good education, working, had
24 positions even while he was going to college,
25 and he worked himself up to a position where now
7477
1 he's a very well respected lawyer, has a
2 wonderful wife, Terry, a family. In fact, his
3 mother is with him.
4 This is really the American
5 success story, and I just tell you I rise to say
6 I'm very proud to know this young man and -- not
7 a young man any more -- middle-aged man, but to
8 see what he's made of his life and he's a great
9 example to others, his family and others in the
10 community and in the State of New York that you
11 can make what you want of yourself, and I'm just
12 proud that he has achieved this estimable
13 position that we can be here to nominate -
14 confirm his nomination, rather, today.
15 ACTING PRESIDENT KUHL: Senator
16 Marcellino on the nomination.
17 SENATOR MARCELLINO: Thank you,
18 Mr. President.
19 I rise also to commend the
20 Governor on this very excellent appointment.
21 About 40 percent of my district runs into
22 Suffolk County, and I am relatively the new kid
23 on the block with the representation of Suffolk,
24 but ever since the first day, Et's name has been
25 spoken of and spoken of highly.
7478
1 He is a good person, a community
2 activist, well-known in the neighborhood,
3 well-known in Suffolk County, and well-known for
4 his ability to show common sense and caring with
5 respect to his judicial decisions.
6 So I'm pleased and proud that Et
7 will be representing us on the Family Court.
8 And, again, it's a difficult court and needs the
9 kind of people with the kind of temperament and
10 attitude that Et has.
11 So congratulations and Godspeed.
12 ACTING PRESIDENT KUHL: Is there
13 any other Senator wishing to speak on the
14 nomination?
15 Hearing none, the question is on
16 the nomination of Ettore A. Simeone, of Islip
17 Terrace, to become a judge of the Family Court
18 of Suffolk County.
19 All those in favor of the
20 nomination, signify by saying aye.
21 (Response of "Aye.")
22 Opposed, nay.
23 (There was no response.)
24 The nominee is unanimously
25 confirmed.
7479
1 We're very pleased to have Judge
2 Simeone with us in the chamber to your left,
3 together with his wife, Terry; their five
4 children, Joanne, Alfred, Michael, Mark and
5 Matthew; his mother, Josephine; and friends Pat
6 and Marcia Cursio and Ken and Lauren Auerbach.
7 Judge, if you will rise and be
8 recognized.
9 Congratulations.
10 (Applause.)
11 Secretary will continue to read.
12 THE SECRETARY: As a Justice of
13 the Supreme Court, Second Judicial District,
14 Vasilios C. Arniotes, of Brooklyn.
15 ACTING PRESIDENT KUHL: Senator
16 Lack.
17 SENATOR LACK: Thank you, Mr.
18 President.
19 I rise to move the nomination of
20 Vasilios Arniotes, of Brooklyn, as a judge of
21 the Supreme Court from Kings County.
22 The judge appeared before the
23 committee this afternoon. His credentials have
24 been examined. The committee unanimously moved
25 the nomination to the floor.
7480
1 I will yield to Senator Connor,
2 but I have to say just in passing that with this
3 nomination, when we checked his credentials, it
4 was the unanimous comment of everybody we spoke
5 to, regardless of any political affiliation, in
6 Kings County, that this is one of the most
7 dignified and one of the best judges that have
8 served in that county, and we were asked to move
9 this nomination as soon as possible having
10 received it from the Governor, and I'm most
11 happy to do so, and I would most respectfully
12 yield to Senator Connor for purposes of a
13 second.
14 ACTING PRESIDENT KUHL: The Chair
15 recognizes Senator Connor, on the nomination.
16 SENATOR CONNOR: Thank you, Mr.
17 President.
18 This, indeed, is my, I guess,
19 20th session in this body, and I can truly say
20 that today seconding the nomination of Judge
21 "Billy" Arniotes is indeed about the proudest
22 thing I've done. I've had other friends,
23 acquaintances, people I thought very, very
24 highly of, from my district, from Brooklyn,
25 appear before this body in nomination for
7481
1 various offices and for judicial office, but I
2 can truly say I am so proud, so delighted, that
3 the Governor has made this appointment and, as
4 Senator Lack said, by virtue of he and his staff
5 calling, as they do, numerous people and bar
6 associations on the bench, in and out of the
7 legal profession, I can assure you, Senator
8 Lack, from my many years of personal
9 acquaintanceship and friendship with Judge
10 Arniotes, that what you have found out is indeed
11 true.
12 He is one of the finest gentlemen
13 I have had the privilege of ever knowing in my
14 time in Brooklyn, in politics and community
15 activities.
16 Judge Arniotes is a graduate of
17 St. John's University School of Law, as are so
18 many other distinguished lawyers in this body
19 and in our state. He has had a long, long
20 career in public service in the court system as
21 a law secretary to several justices. He was
22 once the president of the Association of Law
23 Secretaries. He has rendered distinguished
24 service in the Estate Tax Part of the Estate
25 Taxation; and I was privileged some years ago,
7482
1 certainly, before he took the bench to be
2 closely associated with Judge Arniotes on
3 several cases where we defended truth, justice,
4 and the Democratic organization in the
5 courthouses of Brooklyn and New York City.
6 And the one thing -- you know, a
7 lot of things -- a lot of things go into making
8 a superb judge, certainly intellect, education,
9 background, but I've found over the years, as a
10 lawyer and as a public official appearing before
11 many judges and knowing many judges, that the
12 most important ingredient in the topmost
13 respected and excellent judges are elements of
14 character, are old virtues like patience, a
15 kindly manner, the ability to listen well, to
16 convey to litigants, lawyers and others, your
17 genuine concern for being fair, for upholding
18 the law and being fair. And there are many,
19 many judges who are fair, but they don't quite
20 get the message out as to why they are doing
21 what they do and convey that kind of concern for
22 fairness.
23 Judge Arniotes has those -- has
24 to perfection those qualities of character and
25 temperament which make him one of the finest
7483
1 judges, I think, that has ever served in Kings
2 County.
3 I'm delighted that the Governor,
4 looking across partisan lines -- and I
5 congratulate the Governor because, as I said
6 before, Judge Arniotes is a Democrat but, while
7 a loyal Democrat, was never one who regarded
8 people in other political parties as enemies -
9 merely adversaries, merely people with whom he
10 disagreed, but certainly always to be respected
11 and as he respects and conveys that respect to
12 the lowliest litigants who appear before him, to
13 the people who work for him in and around the
14 courts and to the lawyers who appear before him.
15 And I know he will go on now
16 to -- he's been an Acting Justice of the Supreme
17 Court. He will continue his distinguished -
18 distinguished judicial career as a Justice of
19 the Supreme Court, and I am just truly delighted
20 on a personal basis. He is just a wonderful,
21 wonderful man.
22 He has served on the community
23 board. He has been involved in community
24 activities. He is, indeed, one of our finest
25 citizens we are privileged to have in the County
7484
1 of Kings.
2 I might note he has also been an
3 instructor in continuing education programs. He
4 continues to do that in Kingsborough Community
5 College. He renders that kind of service. We
6 were once privileged in the Legislature to have
7 his services as attorney to several legislative
8 committees. He is an active parishioner and
9 legal advisor to his church, and he is a family
10 man, wonderful wife and five children, and he
11 makes wonderful -- where is Senator Skelos? He
12 makes wonderful souvlaki. He's just a man of
13 many, many talents and superb grace.
14 Mr. President, I'm so delighted
15 to move the confirmation of Judge "Billy"
16 Arniotes of the County of Kings.
17 ACTING PRESIDENT KUHL: Senator
18 Smith, on the nomination.
19 MR. SMITH: Thank you, Mr.
20 President.
21 I, too, am delighted to be able
22 to second the nomination of Judge "Billy"
23 Arniotes. It is not often that you have the
24 privilege of seconding the nomination of someone
25 who has played an important role in your life,
7485
1 and I truly would not be standing here today if
2 it were not for Judge Arniotes.
3 He truly exemplifies all of the
4 things that our astute leader, Senator Connor,
5 has stated. He has a judicial temperament. He
6 is kind. He is generous and he listens, and I
7 believe that, as a judge, listening is one of
8 the most important ingredients.
9 I, too, convey my thanks to the
10 Governor for making such a wise choice, and I
11 thank each and every one of you on the committee
12 for voting for him and making this day possible,
13 for he truly deserves it and he will make each
14 and every one of us proud of him.
15 Thank you.
16 ACTING PRESIDENT KUHL: Senator
17 Marchi, on the nomination.
18 SENATOR MARCHI: Thank you.
19 Mr. President. Senator Lack has
20 presided over many discussions and meetings of
21 the committee where we had candidates present;
22 and for multiple reasons, I don't think that we
23 ever had a meeting that so reflected a kind of
24 warmth that three candidates developed.
25 I had both Judge Arniotes and
7486
1 Senator Connor as my constituents way, way back,
2 but he is six years my junior, Mr. President, so
3 he has a lot of qualities there that will serve
4 him in good stead. He enjoys that deep respect
5 and esteem with which he is held in his county.
6 And if there is such a thing, I
7 guess I'm an Arniotes Republican; and I'm most
8 pleased that the Governor has given us three
9 fine nominations, and, certainly, based on the
10 length of experience that I have had knowing him
11 -- Judge Arniotes -- I feel especially pleased
12 and honored to see him receive this nomination
13 and the acclaim with which and the impact it
14 made on those who attended and those who
15 listened to Senator Connor's fine development of
16 his background.
17 So I'm very delighted to be part
18 of this experience, Judge.
19 ACTING PRESIDENT KUHL: Is there
20 -- Senator Sampson, on the nomination.
21 SENATOR SAMPSON: I would like to
22 take this opportunity to thank the Governor for
23 nominating Judge Arniotes to the Supreme Court.
24 Within the last year I had an
25 opportunity and throughout my six years of
7487
1 practicing law, I had an opportunity to appear
2 before Judge Arniotes, and his judicial
3 temperament is second to none.
4 One thing, as Senator Smith said,
5 he is a man who listens. On numerous occasions,
6 I had cases before him. He cut to the chase,
7 and I had an opportunity to really learn my
8 lawyering skills from Judge Arniotes.
9 And, once again, I want to thank
10 the Governor for nominating Judge Arniotes.
11 Thank you.
12 ACTING PRESIDENT KUHL: Is there
13 any other Senator wishing to speak on the
14 nomination?
15 Senator Kruger, on the
16 nomination.
17 SENATOR KRUGER: Mr. President.
18 It gives me great privilege this afternoon to
19 rise in support of this nomination.
20 I have known "Billy" both
21 professionally and personally for the better
22 part of 20 years. He's been an honest,
23 forthright, decent human being, an asset to the
24 bench, a caring and compassionate community
25 leader, involved in his church, committed to
7488
1 noble causes, and it's, I think, a privilege
2 that we today have the community to confirm
3 "Billy" Arniotes as a Judge of the Supreme
4 Court, and I know that he will add not only the
5 professionalism that has become a hallmark in
6 his chambers but more particularly the
7 compassion, the caring, the understanding, and
8 the decency, that we so look for and that we so
9 need in the Supreme Court today.
10 ACTING PRESIDENT KUHL: Any other
11 Senators wishing to speak on the nomination?
12 Hearing none, the question is on
13 the nomination of Vasilios -
14 Senator Markowitz?
15 SENATOR MARKOWITZ: The only
16 thing I might say -
17 ACTING PRESIDENT KUHL: From the
18 left chamber.
19 SENATOR MARKOWITZ: -- to the
20 Judge, if I may, is Kali Tee-hee.
21 Thank you very much.
22 ACTING PRESIDENT KUHL: The
23 question is on the nomination of Vasilios C.
24 Arniotes of Brooklyn, New York, to become a
25 Justice of the Supreme Court in the Second
7489
1 Judicial District.
2 All those in favor of the
3 nomination signify by saying aye.
4 (Response of "Aye.")
5 Opposed, nay.
6 (There was no response.)
7 The nominee is unanimously
8 confirmed.
9 We're very, very pleased to have
10 Judge Arniotes with us in the chamber in the
11 gallery to your left. He is accompanied by his
12 wife, Kate, and also Nick and Ann Marie
13 Clemente.
14 If you would please acknowledge
15 Judge Arniotes.
16 (Applause.)
17 Senator Holland.
18 SENATOR HOLLAND: Mr. President,
19 could we stand at ease, please.
20 ACTING PRESIDENT KUHL: Senator
21 Dollinger.
22 SENATOR DOLLINGER: Before we
23 stand at ease, Mr. President, may I have
24 unanimous consent to be recorded in the negative
25 on two bills? I was in the Judiciary Committee
7490
1 when we considered Calendar Number 896, Assembly
2 Bill 7548. I would ask to be recorded in the
3 negative on that bill as well as, Mr. President,
4 Calendar Number 1619, Senate Bill 5632. I would
5 ask to be recorded in the negative on that, as
6 well.
7 ACTING PRESIDENT KUHL: Without
8 objection, hearing no objection, Senator
9 Dollinger will be recorded in the negative on
10 Calendar Number 896 and also Calendar Number
11 1619.
12 Senator Gentile, why do you
13 rise?
14 SENATOR GENTILE: Yes, Mr.
15 President, thank you. I also ask unanimous
16 consent to be recorded in the negative also on
17 Calendar Numbers 896 and 1619.
18 ACTING PRESIDENT KUHL: Without
19 objection, hearing no objection, Senator Gentile
20 will be recorded in the negative on Calendar
21 Number 896 and Calendar Number 1619.
22 Senate will stand at ease.
23 (Whereupon, at 4:55 p.m., the
24 Senate was at ease.)
25 ACTING PRESIDENT KUHL: Senate
7491
1 will come to order.
2 The Chair recognizes Senator
3 Skelos.
4 SENATOR SKELOS: Mr.
5 President. The Senate will stand in recess
6 until 8:00 p.m., and I believe Senator Paterson
7 has an announcement, also.
8 ACTING PRESIDENT KUHL: Senator
9 Paterson.
10 SENATOR PATERSON: Mr.
11 President, there will be a Minority Conference
12 in the Minority Conference Room, which seems
13 appropriate, at 7:30 this evening.
14 ACTING PRESIDENT KUHL: There
15 will be a Minority Conference in the Minority
16 Conference Room 7:30 this evening.
17 SENATOR PATERSON: Sharp.
18 ACTING PRESIDENT KUHL: The
19 Senate stands in recess until 8;00 p.m. this
20 evening, sharp.
21 (Whereupon, at approximately
22 6:00 p.m., the Senate was in recess.)
23 (The Senate reconvened at 9:07
24 p.m.)
25 ACTING PRESIDENT KUHL: The
7492
1 Senate will come to order.
2 The Chair recognizes Senator
3 Larkin.
4 SENATOR LARKIN: Mr.
5 President, there will be an immediate meeting of
6 the Finance Committee in room 332.
7 ACTING PRESIDENT KUHL:
8 Immediate meeting of the Finance Committee,
9 immediate meeting of the Finance Committee in
10 the Majority Conference Room, Room 332. Senate
11 stands at ease.
12 (The Senate stood at ease from
13 9:08 p.m. To 9:31 p.m.)
14 ACTING PRESIDENT KUHL: The
15 Senate will come to order. Members will take
16 their chairs, staff take their place.
17 The Chair recognizes Senator
18 Skelos.
19 SENATOR SKELOS: Mr.
20 President, if we can return to reports of
21 standing committees, I believe there's a report
22 of the Finance Committee at the desk. I ask
23 that it be read.
24 ACTING PRESIDENT KUHL: There
25 is. We'll return to the order of reports of
7493
1 standing committees. The Secretary will read
2 the report of the Finance Committee which is at
3 the desk.
4 THE SECRETARY: Senator
5 Stafford, from the Committee on Finance, offers
6 up the following bills:
7 Senate Print 704B, budget
8 bill, an act making appropriations for the
9 support of government;
10 Senate Print 5783, by the
11 Committee on Rules, an act in relation to
12 appropriations made by the Chapters of the Laws
13 of 1997 enacting the Public Protection, Health,
14 and Mental Hygiene budgets;
15 Senate Print 5784, by the
16 Committee on Rules, an act to amend the Military
17 Law.
18 All bills directly for third
19 reading.
20 ACTING PRESIDENT KUHL:
21 Senator Skelos.
22 SENATOR SKELOS: Move to
23 accept the Report of the Finance Committee.
24 ACTING PRESIDENT KUHL: Motion
25 is to accept the report of the Finance
7494
1 Committee.
2 All in favor signify by saying
3 aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (There was no response.)
7 The report is accepted. The
8 bills are ordered directly for third reading.
9 Senator Skelos.
10 SENATOR SKELOS: Mr.
11 President, would you call up Calendar Number
12 1624.
13 ACTING PRESIDENT KUHL:
14 Secretary will read the title of Calendar Number
15 1624, a copy of which is on the members' desks.
16 THE SECRETARY: Calendar
17 Number 1624, Senate Print 704B, Budget Bill, an
18 act making appropriations for the support of
19 government.
20 ACTING PRESIDENT KUHL:
21 Senator Skelos.
22 SENATOR SKELOS: Mr.
23 President, is there a message of necessity and
24 appropriation at the desk?
25 ACTING PRESIDENT KUHL: There
7495
1 is.
2 SENATOR SKELOS: Move to
3 accept.
4 ACTING PRESIDENT KUHL:
5 Motion is to accept the message of necessity on
6 calendar 1624.
7 All in favor signify by saying
8 aye.
9 (Response of "Aye.")
10 Opposed nay.
11 (Response of "Nay.")
12 The message is accepted.
13 Secretary will read the last
14 section.
15 THE SECRETARY: Section 2.
16 This act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call
18 the roll.
19 (The Secretary called the
20 roll.)
21 THE SECRETARY: Ayes -
22 ACTING PRESIDENT KUHL:
23 Senator Dollinger, to explain his vote.
24 SENATOR DOLLINGER: Mr.
25 President, I just rise -- I know that the hour
7496
1 is late. This is not the time, perhaps, to
2 dissect this enormous bill and the implications
3 that it has for the state. I rise just to
4 recognize one part of it and that is for the
5 Temporary State Commission on Lobbying, which is
6 going to be extended for two years, an issue
7 that we should have spent time taking a good
8 look at this year.
9 The Temporary State Commission
10 seems to go on and on and we seem to all be
11 satisfied to have a toothless tiger acting in
12 the public interest to try to determine the
13 relationship between elected government and the
14 vast amounts of money that support its election
15 campaigns, and it seems to me that this is a
16 time we should have spent taking a little time
17 to find out what the future of lobbying should
18 be and how we should do it. It's put off for
19 two years. It's convenient, I guess, for
20 everyone involved, it gets us through another
21 election cycle, both for statewide office and
22 for ourselves.
23 This may be in someone's
24 interests, but it's clearly not in the public's
25 interests.
7497
1 ACTING PRESIDENT KUHL:
2 Senator Dollinger, how do you vote?
3 SENATOR DOLLINGER: No.
4 ACTING PRESIDENT KUHL:
5 Senator Dollinger will be recorded in the
6 negative.
7 Senator Stafford, to explain
8 his vote.
9 SENATOR STAFFORD: Mr.
10 President, I tend to sometimes not say enough,
11 on the floor, that is. I can't let this
12 document be voted upon without sharing with
13 everyone that a tremendous amount of work went
14 into this. The Majority Leader and the staff
15 and countless members are to be complimented;
16 the Speaker, his staff, countless members are to
17 be complimented, and the Governor and his
18 people.
19 I, again, want to share on a
20 positive note that as the Majority Leader said
21 the other day when we were discussing the
22 budget, he said, "I want to be very clear and
23 make sure every one of you know that everything
24 you want in here isn't here;" and we all know
25 that, and, in a state like this, it's impossible
7498
1 to have everything that we want.
2 However, I would be remiss if
3 I did not say that some major decisions were
4 made in this budget and all of us have our
5 districts and I would be remiss if I didn't
6 thank the Majority Leader, the Governor and the
7 Speaker and all here in the Legislature for some
8 decisions that were made, and I think you all
9 know what I'm talking about.
10 I compliment all the staff;
11 they've worked tirelessly. I don't mean to
12 overdo this, but I think it should be said. I
13 don't apologize for the work that's done here,
14 I'm very proud of it. I, too, would maybe like
15 to have things on a bit of a different date, but
16 I think sometimes that's overdone when we talk
17 about exactly when something should be done.
18 With that, Mr. President, I
19 vote aye.
20 ACTING PRESIDENT KUHL:
21 Senator Stafford will be recorded in the
22 affirmative.
23 Senator Gold, how do you vote?
24 SENATOR GOLD: Thank you, Mr.
25 President. Are we on a roll call?
7499
1 ACTING PRESIDENT KUHL: We're
2 on a roll call.
3 SENATOR GOLD: That's great
4 news. I just wanted to explain my vote very
5 briefly and say -- and Senator Stafford said
6 that there are some positive things, and there
7 are; and while I'm critical sometimes of the
8 Majority Leader, I will say this: He has my
9 congratu- lations for having the guts not to put
10 out the Governor's budget for seven months and,
11 along with the rest of the members of the
12 Senate, rejecting the Governor's budget.
13 We should all understand that
14 the Governor's original budget of 32.8 of
15 general funds was corrected by the Governor in
16 February to 32.9; and while some people were
17 critical of the Assembly's attempt to spend more
18 money, the final budget that we are passing, God
19 willing, today, is 34.5 and more money than the
20 Assembly was talking about.
21 Now, it's not only a question
22 of spending the money. I think what's important
23 is that everyone here should understand that the
24 750 million of school aid dollars that, if it
25 wasn't for us, wouldn't be going to the schools.
7500
1 Certainly it wasn't because of the Governor
2 because he didn't have it in there. And there's
3 51 million in local government aid which, thanks
4 to the Assembly and to us, is going out to local
5 governments, no thanks to the Governor, it
6 wasn't in his budget. If we passed his budget,
7 it wouldn't be in there.
8 There's 275 million in SUNY
9 and CUNY and TAP aid that's going to help our
10 youngsters go to college, no thanks to the
11 Governor. I guess the Medicaid figure is about
12 a billion.
13 And, the bottom line of it all
14 is that I'm very proud of the fact that we did
15 not pass a budget on time, if it had to be the
16 Governor's budget.
17 There is a lady who wrote a
18 letter to the editor of the Daily News and I'm
19 going to write a letter back to her where she
20 says if we don't pass a budget, we shouldn't get
21 paid. And madam, if you're listening, I earned
22 my money by holding out to get a budget that
23 takes care of people. The Governor didn't do
24 it. Thank God we have a Legislature.
25 I vote yes.
7501
1 ACTING PRESIDENT KUHL:
2 Senator Gold will be recorded in the
3 affirmative.
4 Announce the results
5 THE SECRETARY: Ayes 56, nays
6 one, Senator Dollinger recorded in the negative.
7 ACTING PRESIDENT KUHL:
8 Senator Leichter also in the negative.
9 SENATOR LEICHTER: Yes, sir.
10 THE SECRETARY: Excuse me.
11 ACTING PRESIDENT KUHL:
12 Senator Leichter recorded in the negative also.
13 THE SECRETARY: Also Senator
14 Leichter. Ayes 55, nays 2, Senators Dollinger
15 and Leichter recorded in the negative.
16 ACTING PRESIDENT KUHL: The
17 bill is passed.
18 Senator Skelos.
19 SENATOR SKELOS: Mr.
20 President, would call up Calendar Number 1625.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the title.
23 THE SECRETARY: Calendar
24 Number 1625, by the Committee on Rules, Senate
25 Print 5783, an act in relation to certain
7502
1 revisions which would impact upon expenditures
2 of certain appropriations.
3 SENATOR SKELOS: Is there a
4 message of necessity at the desk?
5 ACTING PRESIDENT KUHL: There
6 is.
7 SENATOR SKELOS: Move to
8 accept.
9 ACTING PRESIDENT KUHL: The
10 motion is to accept the message of necessity on
11 Calendar Number 1625.
12 All in favor signify by saying
13 aye.
14 (Response of "Aye.")
15 Opposed nay.
16 (Response of "Nay.")
17 The message is accepted.
18 The Secretary will read the
19 last section.
20 THE SECRETARY: Section 80.
21 This act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call
23 the roll.
24 (The Secretary called the
25 roll.)
7503
1 SENATOR LEICHTER: Mr.
2 President.
3 ACTING PRESIDENT KUHL:
4 Senator Leichter, to explain his vote.
5 SENATOR LEICHTER: Mr.
6 President, this explanation really also applies
7 to the bill that we passed, Senate 704B, and
8 really the whole budget bill.
9 I think this budget is such an
10 affront to the public. It's such an insult to
11 openness in government and democratic
12 procedures. To have this budget pushed out in
13 this fashion at this hour on August 2nd is an
14 absolute disgrace after the leaders had fiddled
15 around for months, negotiating this budget to
16 find out that bills are being printed and put on
17 our desks without any review by the members of
18 what's in the bills. We're appropriating some
19 $63 billion, or maybe more, $68 billion dollars,
20 bills of thousands of pages, no opportunity for
21 review. I just think that is disgraceful.
22 And I just want to say that
23 the process here gets worse and worse and worse.
24 The public is being disenfranchized. We, as
25 members, are not doing our job, we're not
7504
1 meeting our responsibilities of representing the
2 public.
3 I don't know how anybody can
4 get up and proclaim, "This is a wonderful
5 budget. We've done our job. We've worked hard,"
6 and so on. This is an absolute disgrace, Mr.
7 President.
8 I vote in the negative.
9 ACTING PRESIDENT KUHL:
10 Senator Leichter will be recorded in the
11 negative.
12 Senator Marchi, to explain his
13 vote.
14 SENATOR MARCHI: I just
15 wanted to explain my vote. I certainly don't
16 feel offended by the remarks of Senator Leichter
17 because I know they're sincere, and certainly he
18 should vote that response.
19 On the other hand, I think we
20 should not overlook the fact that this Governor
21 has given a definite thrust, it's a national
22 phenomenon and it's a state phenomenon on
23 economic stimulation; and had we adhered with
24 total exactness to the dimensions and the
25 timetable that is provided in the Constitution,
7505
1 it would have been unrealistic because it
2 wouldn't have reflected the present state of our
3 economy, the promise that it implies.
4 So that I think every single
5 member here, whether they voted for or against
6 it, and obviously it was very persuasive, and
7 the same sentiment seems to be prevailing in the
8 Assembly, is something that we all can take
9 pride of. No matter what, how you feel,
10 everyone makes a contribution.
11 And even if there is
12 perplexion, it should be raised. And I don't -
13 certainly it does not offend me to hear that.
14 It just gives us, I think, added confidence that
15 a prevailing wisdom didn't adhere with that kind
16 of fanaticism to a constitutional requirement
17 that at this point, neither the nation or the
18 state, the first state in the Union, as far as
19 I'm concerned, took a pragmatic and realistic
20 view without sacrificing the principles that
21 should undergird the future of our economy and
22 the future of public policy.
23 So, I'm very proud to be able
24 to vote positively and affirmatively for this
25 bill.
7506
1 ACTING PRESIDENT KUHL:
2 Senator Marchi will be recorded in the
3 affirmative.
4 Senator Hoffmann, to explain
5 her vote.
6 SENATOR HOFFMANN: Thank you,
7 Mr. President. I appreciate the fact that the
8 two-minute rule has been extended for
9 explanations. I'll try to keep my remarks
10 within that time, if possible; but, I would like
11 to note for the record, and occasionally my
12 constituents check the record so I feel this at
13 least gives me an opportunity to provide some
14 communication to them about how things are
15 carried out here in Albany.
16 This particular bill came to
17 us in a matter of 15 minutes, moved through the
18 Finance Committee, and I would like to note, for
19 the record, that it was still warm off of the
20 copying machines when it was presented to us.
21 This bill on which we are now
22 voting is 456 pages long. It includes a table
23 of contents because it is so detailed in its
24 discussion of various state agencies. It
25 includes the Advocates for Persons with
7507
1 Disabilities -- the Office of; Office of Aging;
2 Capital Defender Office; Commission of
3 Corrections; Department of Correctional
4 Services; Crime Victims' Board; Criminal Justice
5 Services; Developmental Disabilities Planning
6 Council; Health Department; Interest on Lawyer
7 Account, that's a new one to me; investigation
8 on -- the Temporary State Commission on
9 Investigation; Judicial Commissions; Department
10 of Mental Hygiene; Office of Mental Health;
11 Office of Mental Retardation and Developmental
12 Disabilities; Office of Alcoholism and Substance
13 Abuse; Military and Naval Affairs Division;
14 Department of Motor Vehicles; Division of
15 Parole; Division of Probation and Correctional
16 Alternatives; Commission on Quality Care for the
17 Mentally Disabled -
18 SENATOR TULLY: Mr.
19 President.
20 SENATOR HOFFMANN: -- State
21 Police; and then Section 2, contingent and other
22 appropriations; and finally, as a late starter,
23 Department of Health.
24 In 15 minutes, my friends, the
25 Finance Committee passed on this and it's now
7508
1 before us and we're passing it in even less
2 time.
3 SENATOR TULLY: Point of
4 order.
5 SENATOR HOFFMANN: And as a
6 duly-elected member of this body, I find that
7 terribly offensive.
8 ACTING PRESIDENT KUHL:
9 Senator Hoffmann, excuse me.
10 Senator Tully, why do you
11 rise? I assume that that's concluding your
12 remarks, Senator Hoffmann?
13 SENATOR HOFFMANN: Yes, Mr.
14 President, I've concluded. I think it was
15 close to within the time limit.
16 ACTING PRESIDENT KUHL:
17 You're voting in the negative, Senator Hoffmann?
18 Senator Hoffmann will be
19 recorded in the negative.
20 SENATOR TULLY: Mr.
21 President, I was wondering if Senator Hoffmann
22 was voting on Senate bill 1625, which did not
23 certainly include all of the things her remarks
24 alluded to.
25 ACTING PRESIDENT KUHL:
7509
1 Senate 1625 is before the house, Senator Tully.
2 Senator Gold, to explain his
3 vote.
4 SENATOR GOLD: Thank you, and
5 I'll be very brief, but something Senator Marchi
6 said I think has to be responded to. And,
7 Senator Marchi, this is coming from not only one
8 of your colleagues, but the head of the Forest
9 Hills branch of the John Marchi fan club, so you
10 know how I feel about you.
11 But Senator, I don't understand
12 your remarks about the Constitution. You know,
13 Senator Marchi, from your vast experience that
14 the Constitution provides a budget by a certain
15 date and that for years, this state was able to
16 do that and everybody understood that at the end
17 of session, there might be a, quote,
18 supplemental budget, and that would take into
19 account any changes that may have taken place.
20 As a result of that procedure,
21 some people have said, well, we shouldn't have a
22 budget by April 1 and we should change the date
23 to June 1, maybe that's more realistic.
24 But, living with the
25 Constitution, I think is urgent and we should
7510
1 have a budget by March 31st and then we can do a
2 supplemental budget. Not only that, Senator
3 Marchi, you and I both know there used to be a
4 deficiency budget that came in February or March
5 of the following year and the deficiency budget
6 would take into account the realities of the
7 year and then make the adjustments.
8 So, nobody ever anticipated,
9 in doing the Constitution, Senator Marchi, that
10 we would have total knowledge by March 31st.
11 But the founding fathers said, "You'll do it by
12 March 31st." For years, people did it by March
13 31st. This year, we have seen no leadership or
14 push to do it.
15 And I don't give Kudos to the
16 Governor. Mario Cuomo, if he couldn't bring one
17 in on time, used to pester people, at least come
18 to a meeting; and it was uncomfortable, but
19 there would be meetings. Nothing seems to
20 bother George Pataki about a late budget this
21 year, and if there are Kudos and congratulations
22 to go around, I think unquestionably the Speaker
23 gets it, and unquestionably Senator Bruno, for
24 at least not passing the Pataki budget.
25 I vote aye.
7511
1 ACTING PRESIDENT KUHL:
2 Senator Gold will be recorded in the
3 affirmative.
4 Senator Dollinger, to explain
5 his vote.
6 SENATOR DOLLINGER: Very
7 briefly, Mr. President, I want to just join my
8 colleague, Senator Leichter. We voted against
9 both these bills, and it goes back to that old
10 line about fooling some of the people some of
11 the time but you can't fool all the people all
12 the time.
13 I don't think the people in
14 this state are fooled by this whole process.
15 They know that we delayed, we delayed, we
16 delayed, we didn't get down to work, we didn't
17 do the people's work on time. It could have
18 been done on time. They know that we were
19 distracted by rent control, they know we were
20 distracted by other things, all of which fit the
21 political agendas of all these people.
22 With all due respect to
23 Senator Marchi, I understand that practicality
24 and reality may play a role in politics, but the
25 people of this state set up a Constitution that
7512
1 said -- and I will only quote from the button
2 that Senator Libous wore so proudly two years
3 ago, "Get it done by April 1." They didn't say
4 get it done by August 3rd.
5 And frankly, my hope is that
6 the people of this state, not having been
7 fooled, will send everyone in this chamber a
8 very specific message on Election Day of this
9 year, they'll vote for a Constitutional
10 Convention to set some real limitations on the
11 Legislature to redesign it so that it does the
12 people's work the way they want it, not the way
13 we want it.
14 ACTING PRESIDENT KUHL:
15 Announce the results.
16 THE SECRETARY: Those
17 recorded in the negative on Calendar Number 1625
18 are Senators Dollinger, Hoffmann and Leichter.
19 Ayes 54, nays 3.
20 ACTING PRESIDENT KUHL: The
21 bill is passed.
22 Senator Skelos.
23 SENATOR SKELOS: Mr.
24 President, would you call up Calendar Number
25 1626?
7513
1 ACTING PRESIDENT KUHL: The
2 Secretary will read.
3 THE SECRETARY: Calendar
4 Number 1626, by the Committee on Rules, Senate
5 Print 5784, an act to amend the Military Law.
6 ACTING PRESIDENT KUHL:
7 Senator Skelos.
8 SENATOR SKELOS: Mr.
9 President, is there a message of necessity at
10 the desk?
11 ACTING PRESIDENT KUHL: There
12 is.
13 THE SECRETARY: Move to
14 accept.
15 ACTING PRESIDENT KUHL: The
16 motion is to accept the message of necessity on
17 Calendar Number 1626.
18 All in favor signify by saying
19 aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (Response of "Nay.")
23 ACTING PRESIDENT KUHL: The
24 message is accepted. The bill is before the
25 house.
7514
1 Secretary will read the last
2 section.
3 THE SECRETARY: Section 76.
4 This act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call
6 the roll.
7 (The Secretary called the
8 roll.)
9 ACTING PRESIDENT KUHL:
10 Record the negatives and announce the results.
11 THE SECRETARY: Those recorded
12 in the negative on Calendar Number 1626 are
13 Senators Dollinger, Hoffmann and Leichter. Ayes
14 54, nays 3.
15 ACTING PRESIDENT KUHL: The
16 bill is passed.
17 Senator Skelos.
18 SENATOR SKELOS: Mr.
19 President, if we could continue with the report
20 of the Finance Committee.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read.
23 THE SECRETARY: Senator
24 Stafford, from the Committee on Finance, offers
25 up the following nomination:
7515
1 As Commissioner of the Port
2 Authority of New York and New Jersey, David Mack
3 of Kings Point.
4 SENATOR STAFFORD: Move the
5 nomination.
6 ACTING PRESIDENT KUHL: The
7 question is on the nomination of David Mack, of
8 Kings Point, as a Commissioner of the Port
9 Authority of New York and New Jersey.
10 All those in favor of the
11 nomination signify by saying aye -- Senator
12 Leichter.
13 SENATOR LEICHTER: Mr.
14 President, on the nomination, and I'm sorry I
15 didn't raise this issue in the Finance
16 Committee, but did Mr. Mack appear before any of
17 the standing committees of this house? Senator
18 Stafford, if you could answer that. I know he
19 didn't appear before the Finance Committee.
20 SENATOR STAFFORD: Yes,
21 that's a very legitimate question; and all of us
22 have been concerned about people appearing,
23 yourself, Senator Gold, myself, and others. I
24 asked that question, and let me see now. What,
25 two days ago or yesterday, when he appeared,
7516
1 when we went through the -- there was a
2 renomination for -- it was a renomination for
3 the MTA, and also we were remiss in not
4 including he also is going to be on the Port
5 Authority, but he has been before us.
6 SENATOR LEICHTER: Mr.
7 President, if Senator Stafford would yield for
8 just one further question.
9 ACTING PRESIDENT KUHL:
10 Senator Stafford, do you yield?
11 SENATOR LEICHTER: This is a
12 new appointment, isn't it? This is not a
13 reappointment, is it?
14 SENATOR STAFFORD: The one
15 yesterday was a reappointment. This is new.
16 SENATOR LEICHTER: No, no, the
17 one today.
18 SENATOR STAFFORD: This is
19 new.
20 SENATOR LEICHTER: Okay, fine.
21 Thank you very much. Just very briefly, this
22 is, again, an example of how we do business. I
23 mean, we've had the whole session. This is an
24 incredibly important position, a member of the
25 board of directors, the trustees, or whatever it
7517
1 is, but, in any event, the governing body of the
2 Port of New York and New Jersey Authority,
3 terribly important. A lot of issues, issues
4 that particularly concern New York State. There
5 is more money being spent in New Jersey than in
6 New York State. What's happening to the
7 airports in New York? That person should have
8 appeared.
9 Frankly, the only thing I know
10 of Mr. Mack is that he is a very substantial
11 contributor to the Republican party and to
12 George Pataki. Maybe he's also qualified.
13 Maybe he has a viewpoint as to what should be
14 done and maybe he could tell us. Nobody seemed
15 to ask him.
16 Now, I didn't say, "Please
17 have him appear," and Senator Stafford has been
18 exceptionally cooperative and when you ask him
19 to have somebody appear, he does; but, I don't
20 remember receiving a notice that would have
21 allowed me to say, "Please have Mr. Mack
22 appear."
23 We ought to be doing our job.
24 We ought to be taking our job seriously. If we
25 want to be just a rubber stamp, then we ought to
7518
1 continue acting as we are now. If we want to be
2 serious about it, if we want to protect the
3 public interest, then when somebody like Mr.
4 Mack comes for confirmation, we, as Senators,
5 having the obligation of advice and consent,
6 will say,"Appear before us and let us hear what
7 it is you are going to do, what contribution
8 you're going to make in this important
9 position."
10 Mr. President, I'm going to
11 vote in the negative and ask that I be recorded
12 in the negative on this.
13 ACTING PRESIDENT KUHL:
14 Senator Leichter will be recorded in the
15 negative.
16 The question is on the
17 nomination of David Mack, of Kings Point, to
18 become a Commissioner of the Port Authority of
19 New York and New Jersey.
20 All those in favor of the
21 nomination signify by saying aye.
22 (Response of "Aye.")
23 Opposed nay.
24 (Response of "Nay.")
25 Senator Leichter will be
7519
1 recorded in the negative.
2 The nominee is confirmed.
3 Senator Skelos.
4 SENATOR SKELOS: Mr.
5 President, on the original Calendar Number 65,
6 would you call up Calendar Number 1590.
7 ACTING PRESIDENT KUHL:
8 Return to the original calendar of the day,
9 Calendar Number 65. The Secretary will read
10 Calendar Number 1590.
11 THE SECRETARY: In relation
12 to Calendar Number 1590, Senator Volker moves to
13 discharge from the Committee on Rules, Assembly
14 Print 8458B and substitute it for the Senate
15 bill Third Reading 1590. Senate bill is high,
16 the Assembly bill is not.
17 ACTING PRESIDENT KUHL: The
18 substitution is ordered.
19 Secretary will read the title.
20 THE SECRETARY: Calendar
21 Number 1509, by the Assembly Committee on Rules,
22 Assembly Print 8458B, an act to amend the
23 Education Law.
24 ACTING PRESIDENT KUHL: The
25 Secretary will read the last section.
7520
1 THE SECRETARY: Section 2.
2 This act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call
4 the roll.
5 (The Secretary called the
6 roll.)
7 THE SECRETARY: Ayes 57.
8 ACTING PRESIDENT KUHL: The
9 bill is passed.
10 Senator Skelos.
11 SENATOR SKELOS: Mr.
12 President, on the same calendar, would you call
13 up Calendar Number 1609.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 1609, by Senator Hannon, Senate Print 5690A, an
18 act in relation to persons who may practice a
19 profession.
20 ACTING PRESIDENT KUHL:
21 Senator Skelos.
22 SENATOR SKELOS: Mr.
23 President, is there a message of necessity at
24 the desk?
25 ACTING PRESIDENT KUHL: There
7521
1 is.
2 SENATOR SKELOS: Move to
3 accept.
4 ACTING PRESIDENT KUHL: The
5 motion is to accept the message of necessity on
6 Calendar Number 1609.
7 All in favor signify by saying
8 aye.
9 (Response of "Aye.")
10 Opposed nay.
11 (There was no response.)
12 The message is accepted. The
13 bill is before the house.
14 Secretary will read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect March 1st.
18 ACTING PRESIDENT KUHL: Call
19 the roll.
20 (The Secretary called the
21 roll.)
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT KUHL: The
24 bill is passed.
25 Senator Skelos.
7522
1 SENATOR SKELOS: Mr.
2 President, on Senate Supplemental Calendar 65A,
3 would you call up Calendar Number 1623.
4 ACTING PRESIDENT KUHL: Go to
5 Calendar 65A, Supplemental 1, Secretary will
6 read the title of Calendar Number 1623.
7 THE SECRETARY: Calendar
8 Number 1623, by Senator Saland, Senate Print
9 5771, an act to amend the Social Services Law.
10 ACTING PRESIDENT KUHL:
11 Senator Skelos.
12 SENATOR SKELOS: Is there a
13 message of necessity at the desk?
14 ACTING PRESIDENT KUHL: There
15 is.
16 SENATOR SKELOS: Move to
17 accept.
18 ACTING PRESIDENT KUHL:
19 Motion is to accept the message of necessity on
20 Calendar Number 1623.
21 All in favor signify by saying
22 aye.
23 (Response of "Aye.")
24 Opposed nay.
25 (There was no response.)
7523
1 The message is accepted. The
2 bill is before the house.
3 SENATOR DOLLINGER: Can we
4 have an explanation?
5 ACTING PRESIDENT KUHL:
6 Senator Saland, an explanation has been
7 requested by Senator Dollinger of Calendar
8 Number 1623.
9 SENATOR SALAND: Thank you,
10 Mr. President.
11 Mr. President, this bill is,
12 in essence, the child support collection piece.
13 The bill contains a number of provisions, the
14 intention of which, quite obviously, is to
15 strengthen child support collections here in the
16 state of New York. It's intended to comply with
17 recent changes in the federal law. It provides,
18 among other things, for a COLA, a COLA which
19 will be handled administratively through the
20 Support Collection Unit.
21 All child support orders will
22 be reviewable; any that are two years older or
23 more will be subject to review if, in fact,
24 there is a -- going back to the inception of the
25 order or when it was most recently modified, and
7524
1 if there is a ten percent increase in the CPI
2 since the inception of the order, those orders
3 would be modified upwards.
4 There also is a provision in
5 here that deals with the pre-CSSA orders, the
6 Child Support Standards Act orders, going back
7 to 1989. There is, in effect, what some have
8 called the swat team being created to go back
9 and look at these 70,000 orders to review and
10 adjust them and to bring them forward.
11 This COLA provision, which I
12 referred to earlier, is, in fact, a new
13 alternative available to states by way of
14 federal action. Previously we had what was
15 called a triennial review and adjustment
16 statute, which unfortunately, and we believe
17 from the start, unfortunately, could not handle
18 the volume of cases that we were required to
19 deal with and, in fact, only could handle, since
20 its inception back in 1993, about ten percent of
21 the cases that had been presented for
22 consideration at that time -- since that time.
23 There is a means here for
24 administrative liens which, again, would be
25 intended to try and shortcut the process, speed
7525
1 up collections.
2 There are additional
3 information access abilities which will now be
4 available to serve to assist in enforcement of
5 these orders. There will be additional means to
6 secure interstate enforcement through adoption
7 of the Uniform Interstate Family Support Act,
8 called UIFSA.
9 There will be additional
10 paternity measures which will be adopted in this
11 legislation that will expedite findings of
12 paternity and, in turn, support collections.
13 Welfare reform in this state
14 obviously cannot work without a couple -- not
15 without a number of key ingredients, certainly
16 daycare, which we have yet to reach, is one of
17 those key ingredients and effective support
18 collection is another.
19 What this bill does is, in
20 fact, provide assistance to single families,
21 single head of household families, will provide
22 additional dollars by way of the various
23 enforcement tools that have been provided, will
24 expand the ability for increased self
25 sufficiency, particularly for women, who are
7526
1 generally the noncustodial parents, and children
2 and families.
3 ACTING PRESIDENT KUHL:
4 Senator Dollinger.
5 SENATOR DOLLINGER: Just a
6 couple quick questions, Mr. President, if the
7 sponsor would yield.
8 ACTING PRESIDENT KUHL:
9 Senator Saland, do you yield to a question from
10 Senator Dollinger?
11 SENATOR SALAND: Yes, Mr.
12 President.
13 ACTING PRESIDENT KUHL:
14 Senator yields.
15 SENATOR DOLLINGER: Senator
16 Saland, this is an awful big piece of work and
17 someone should be congratulated for putting this
18 together, but has this been considered in your
19 committee? Was this -- have we previously
20 reported this bill?
21 SENATOR SALAND: This bill is
22 a bill which is the product of -- a Governor's
23 program bill -- negotiations with the Senate and
24 with the Assembly. I think I would be terribly
25 remiss if I did not speak of the Governor's
7527
1 commitment to children and families, to his
2 desire to expand and build upon his record of
3 dealing with child support enforcement.
4 Certainly we in this chamber, along with the
5 Governor, over the course of the past two or
6 three years, have adopted a number of measures
7 that have appreciably increased the amount of
8 child support protections in New York State, and
9 this is another step in that same direction.
10 SENATOR DOLLINGER: Through
11 you, Mr. President, just a couple other quick
12 questions.
13 ACTING PRESIDENT KUHL:
14 Senator Saland, do you continue to yield?
15 SENATOR DOLLINGER: There are
16 70,000 child support orders in effect in this
17 state, is that what I heard you say?
18 SENATOR SALAND: No, but there
19 are some 70,000, I believe, pre-1989 or pre-C -
20 let me get it right -- CSSA awards or orders
21 that are outstanding. The task force or, as I
22 mentioned earlier, something called the "swat
23 team", will have, I believe, until December 31st
24 of the year 2000 in which to accomplish the
25 review and adjustment of those orders.
7528
1 There is some $300,000
2 provided for that purpose matched by about 660
3 or 670,000 federal dollars, so there is a pool
4 immediately of some $1 million for the
5 additional work that will be required to do
6 that.
7 SENATOR DOLLINGER: Through
8 you, Mr. President, again, if Senator Saland
9 would continue to yield.
10 ACTING PRESIDENT KUHL:
11 Senator Saland, do you continue to yield?
12 SENATOR SALAND: Yes, Mr.
13 President.
14 ACTING PRESIDENT KUHL:
15 Senator yields.
16 SENATOR DOLLINGER: Is there
17 any additional money for either Family Court
18 judges or judicial hearing officers to hear
19 these cases?
20 SENATOR SALAND: The
21 likelihood is that this will not be something
22 that's going to impose a burden on hearing
23 officers or Family Court judges. This procedure
24 is going to be dealt with primarily by way of
25 administrative option. There will be the
7529
1 ability, whether it's a public assistance case
2 or a nonpublic assistance case, where you object
3 to the application of the COLA, to seek
4 application to the Court to be heard; but the
5 assumption is, and I think it's a reasonable
6 one, that the vast, overwhelming majority of
7 these cases will be handled administratively; in
8 fact, that's the purpose of this legislation.
9 SENATOR DOLLINGER: Okay.
10 Again, through you, Mr. President, if Senator
11 Saland would continue to yield.
12 SENATOR SALAND: Yes, Mr.
13 President.
14 ACTING PRESIDENT KUHL:
15 Senator continues to yield.
16 SENATOR DOLLINGER: It's your
17 opinion, then, that those who are paying will
18 voluntarily recognize the COLA and not appeal
19 for judicial review? My experience is exactly
20 just the opposite in dealing with Family Court
21 matters. These decisions are fought over for
22 long periods of time. When they're reopened,
23 suddenly all the issues are reopened, and we go
24 back to court, we seem to march back to court
25 endlessly because of the opening of increased
7530
1 payments. There's an issue of how often the
2 custody occurs, and it seems to open up a whole
3 gamut of other issues.
4 My concern is if you don't put
5 any money in for additional Family Court
6 personnel, you're going to take the Family
7 Courts already strapped and strap them further.
8 SENATOR SALAND: I believe,
9 and this certainly will require, obviously, some
10 record to see if I'm correct, but I believe
11 that, given the fact that any number of these
12 1989, pre-1989 orders or any of the orders that
13 were subsequently enacted under CSSA, for folks
14 to seek to try and go back and have the CSSA
15 standards apply, there is a degree of
16 consideration as to the equities that were
17 involved, as distinguished from a mere COLA.
18 Once you break that ten percent, there's a host
19 of other issues that the court would consider in
20 the application of the Support Standards Act.
21 That might encourage most people, and I would
22 think the vast majority of people, to merely
23 have the matter handled administratively. And
24 if, in fact, that turns out not to be correct,
25 I'd be more than happy to revisit this with you,
7531
1 Senator Dollinger, based on whatever the track
2 record is, and find out if there is need for
3 more additional personnel.
4 SENATOR DOLLINGER: Through
5 you, Mr. President.
6 ACTING PRESIDENT KUHL:
7 Senator Dollinger.
8 SENATOR DOLLINGER: I
9 appreciate Senator Saland's concern. As you
10 know, I've been very concerned about the Family
11 Courts in this state, particularly in my home
12 county of Monroe County, because we seem to put
13 additional burdens in those courts time and time
14 again, both in the area of juvenile justice and
15 now in child support enforcement. We
16 continually put burdens on them, all of it very
17 beneficially intended, but running the risk that
18 we're going to take justice in the Family Court
19 and really substitute arbitrariness because
20 these judges won't have the time to deal with
21 the questions.
22 SENATOR SALAND: May I add
23 that there is the intent through this to, in
24 fact, relieve the court of a number of the
25 responsibilities that it currently has,
7532
1 including not merely the problem of dealing with
2 deviations by way of modifications of orders
3 that people would now come back to the court for
4 routinely to try and handle it administratively,
5 but also a number of paternity-related issues
6 which previously might have been exclusively
7 within the domain of the court will now be able
8 to be handled at least in part administratively.
9 ACTING PRESIDENT KUHL:
10 Senator Dollinger.
11 SENATOR DOLLINGER: Thank
12 you, Mr. President, and I appreciate Senator
13 Saland's comments.
14 I like what I heard, Senator.
15 I'm prepared to vote for this. I'd only
16 suggest, though, just from my personal point of
17 view, this isn't the right time to do it. We
18 should have done this back in March or April. I
19 know it may have been difficult to reach
20 agreement with the other house and with the
21 Governor, but this is a very important piece of
22 legislation. This does many, many good things.
23 I would like to see the beneficial intents that
24 you've described actually come to pass as
25 quickly as possible; but I'm afraid that doing
7533
1 it now, being presented with a 106-page bill, I
2 certainly am not going to be able to go back and
3 say this is going to work.
4 I'm going to share your
5 confidence today and I'm going to vote for it.
6 I hope that that confidence proves to be well
7 founded and we don't have to revisit it forever.
8 But, I do have my own skepticism that says
9 it's a great idea but it's going to take a lot
10 to work out.
11 I commend you for getting it
12 done, but it would have been nice to see it a
13 couple months ago so we could have taken more
14 time on it.
15 ACTING PRESIDENT KUHL:
16 Senator Mendez.
17 SENATOR MENDEZ: Would
18 Senator Saland yield for a question?
19 ACTING PRESIDENT KUHL:
20 Senator Saland do you yield to Senator Mendez?
21 SENATOR SALAND: Yes.
22 ACTING PRESIDENT KUHL:
23 Senator yields.
24 SENATOR MENDEZ: Thank you.
25 Senator Saland, some years
7534
1 ago, when the programs started to collect moneys
2 for child support from delinquent fathers, I
3 remember I read that at the time that that
4 program was implemented, more moneys were being
5 spent -
6 SENATOR SALAND: Senator
7 Mendez, may I interrupt you? Mr. Speaker -- Mr.
8 President, my apologies. Can I ask for just a
9 little bit of quiet? It's just a little bit
10 difficult for me to hear.
11 ACTING PRESIDENT KUHL: You
12 certainly can.
13 Senator Mendez, if you can
14 speak up, and we'll try and get the
15 conversations terminated; let's wait until they
16 are.
17 SENATOR MENDEZ: Thank you;
18 and thank you.
19 Senator Saland, some years
20 back when the ptorgram to get the moneys for
21 child support from the delinquent fathers, I
22 read somewhere at the time that that program was
23 implemented, the costs of administering those
24 programs was higher than the amounts of moneys
25 that they were able to recoup, recuperate. Has
7535
1 that situation changed?
2 SENATOR SALAND: I would -
3 I'm not familiar with the information that you
4 received at that time, but that's certainly not
5 the case now. And while there's still room for
6 improvement, there's been dramatic improvement,
7 double-digit increases in the amounts and the
8 numbers of collections over the course of the
9 past couple of years.
10 You may recall, for instance,
11 we did a measure a couple of years ago which
12 enabled us to suspend somebody's license if they
13 were delinquent in paying; that was an
14 initiative that came, you know, from this house.
15 We subsequently have resorted to the use of
16 the Department of Taxation and Finance to
17 collect arrears. Again, that, too, we
18 reasonably expect to see considerable benefit
19 from, and this continues in that same vein.
20 So, we're getting better, but
21 there is room for improvement, and this is part
22 of that improvement.
23 SENATOR MENDEZ: Thank you.
24 It is a very good bill and I intend to support
25 it. Thank you.
7536
1 SENATOR SALAND: Thank you.
2 ACTING PRESIDENT KUHL: Is
3 there any other Senator wishing to speak on the
4 bill?
5 (There was no response.)
6 Hearing none, the Secretary
7 will read the last section.
8 THE SECRETARY: Section 149.
9 This act shall take effect on January 1st 1998.
10 ACTING PRESIDENT KUHL: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 57.
15 ACTING PRESIDENT KUHL: The
16 bill is passed.
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: Mr.
19 President, is there any housekeeping at the
20 desk?
21 ACTING PRESIDENT KUHL: There
22 is. If we could, we'll return to the order of
23 motions and resolution.
24 The Chair recognizes Senator
25 Marcellino.
7537
1 SENATOR MARCELLINO: Thank
2 you, Mr. President. On behalf of Senator
3 Stafford, on page number 4, I offer the
4 following amendments to Calendar Number 1155,
5 Senate Print Number 5349B, and I ask that said
6 bill retain its place on the Third Reading
7 Calendar.
8 ACTING PRESIDENT KUHL:
9 Amendments are received and adopted.
10 SENATOR MARCELLINO: Thank
11 you.
12 ACTING PRESIDENT KUHL: And
13 the bill will retain its place on the Third
14 Reading Calendar.
15 ACTING PRESIDENT KUHL:
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: It's my
18 understanding there is a resolution calendar at
19 the desk; I would move the adoption of it.
20 ACTING PRESIDENT KUHL: The
21 motion is to adopt the Resolution Calendar which
22 is on the members' desks.
23 All those in favor signify by
24 saying aye.
25 (Response of "Aye.")
7538
1 Opposed nay.
2 (There was no response.)
3 The Resolution Calendar is
4 adopted.
5 Senator Hoffmann, why do you
6 rise?
7 SENATOR HOFFMANN: Mr.
8 President, how am I recorded on Calendar 1624?
9 It was brought to my attention I may have been
10 recorded in the affirmative. I wish to be
11 recorded in the negative.
12 ACTING PRESIDENT KUHL:
13 Senator Hoffmann, the Clerk informs me that you
14 are currently recorded in the affirmative on
15 Calendar Number 1624.
16 SENATOR HOFFMANN: I would
17 request to be recorded in the negative on 1624.
18 ACTING PRESIDENT KUHL: The
19 request is to have unanimous consent of the body
20 to be recorded in the negative on Calendar
21 Number 1624. Hearing no objection, Senator
22 Hoffmann will be recorded in the negative on
23 Calendar Number 1624.
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: We're
7539
1 going to have to stand at ease for a few
2 moments.
3 ACTING PRESIDENT KUHL: The
4 Senate will stand at ease for a few moments.
5 (The Senate stood at ease from
6 10:12 p.m. to 10:26 p.m.)
7 ACTING PRESIDENT SEWARD:
8 Senator Skelos.
9 SENATOR SKELOS: Mr.
10 President, there will be an immediate meeting of
11 the Rules Committee in the Majority Conference
12 Room.
13 ACTING PRESIDENT SEWARD:
14 Immediate meeting of the Rules Committee in the
15 Majority Conference Room.
16 (The Senate stood at ease from
17 10:27 p.m. to 10:52 p.m.)
18 ACTING PRESIDENT KUHL: The
19 Senate will come to order. Members take places.
20 Senator Larkin.
21 SENATOR LARKIN: Mr.
22 President, would you recognize Senator Mendez,
23 please?
24 ACTING PRESIDENT KUHL:
25 Senator Mendez.
7540
1 SENATOR MENDEZ: Mr.
2 President, there will be an immediate conference
3 of the Minority, Room 314.
4 ACTING PRESIDENT KUHL:
5 Senator Larkin.
6 SENATOR LARKIN: Can we
7 return to reports of standing committees before
8 they go into conference -- oh, they can go?
9 Okay. Could we please have the Rules Committee
10 report read, Mr. President?
11 ACTING PRESIDENT KUHL:
12 Return to the order of reports of standing
13 committees. There is a Rules report at the
14 desk. I'll ask the Secretary to read.
15 THE SECRETARY: Senator
16 Bruno, from the Committee on Rules, offers up
17 the following bills:
18 Assembly Print 7728A, by the
19 Committee on Rules, an act to amend the
20 Insurance Law;
21 Assembly Print 2300, by the
22 Assembly Committee on Rules, an act to amend the
23 Public Housing Law;
24 Senate Print 5031D, by Senator
25 Goodman, an act to amend the Tax Law;
7541
1 5262B, by Senator Padavan, an
2 act to amend the New York City charter;
3 3389A, by Senator Seabrook, an
4 act authorizing the city of New York;
5 1476B, by Senator Breslin, an
6 act relating to the repayment of the state in an
7 advance;
8 4450A, by Senator DeFrancisco,
9 an act to amend the Arts and Cultural Affairs
10 Law;
11 4502A, by Senator Tully, an
12 act to direct the New York City Taxi and
13 Limousine Commission;
14 4683A, by Senator Levy, an act
15 in relation to authorizing;
16 4894A, by Senator Saland, an
17 act to reopen the special retirement plan;
18 5451, by Senator Connor, an
19 act to authorize the city of New York;
20 5486C, by Senator LaValle, an
21 act to amend the Town Law;.
22 5488A, by Senator Stafford, an
23 act to amend the State Finance Law;
24 5583A, by Senator DeFrancisco,
25 an act authorizing the State University;
7542
1 5665A, by Senators Lack and
2 Trunzo, an act to amend the Tax Law;
3 5717A, by Senator Farley, an
4 act to amend the Banking Law;
5 5765A, by Senator LaValle, an
6 act to amend the Tax Law;
7 5781, by Senator Johnson, an
8 act to amend the Environmental Conservation Law;
9 5782, by Senator Trunzo, an
10 act to amend a Chapter of the Laws of 1997.
11 All bills directly for third
12 reading.
13 ACTING PRESIDENT KUHL:
14 Senator Larkin.
15 SENATOR LARKIN: Move to
16 accept the report, Mr. President.
17 ACTING PRESIDENT KUHL: The
18 motion is to accept the report of the Rules
19 Committee.
20 All those in favor signify by
21 saying aye.
22 (Response of "Aye.")
23 Opposed nay.
24 (There was no response.)
25 The Rules report is accepted.
7543
1 The bills are ordered directly to third reading.
2 Senator Larkin.
3 SENATOR LARKIN: Mr.
4 President, there will be a meeting of the
5 Finance Committee at 11 p.m. In Room 332.
6 ACTING PRESIDENT KUHL: There
7 is an immediate meeting of the Minority
8 Conference, five-minute conference, in the
9 Minority Conference Room; and there will be a
10 meeting of the Senate Finance Committee in five
11 minutes at 11 o'clock p.m., August 3rd, and the
12 Senate will stand at ease.
13 (The Senate stood at ease from
14 10:57 p.m. to 11:21 p.m.)
15 ACTING PRESIDENT MAZIARZ:
16 Senator Skelos.
17 SENATOR SKELOS: First of
18 all, if we could have order, please.
19 ACTING PRESIDENT MAZIARZ:
20 The chamber will come to order.
21 Senator Skelos.
22 SENATOR SKELOS: If we could
23 take up Senate Supplemental Calendar 65C,
24 noncontroversial.
25 ACTING PRESIDENT MAZIARZ:
7544
1 Secretary will read.
2 THE SECRETARY: Calendar
3 Number 340, by the Committee on Rules, Assembly
4 Print 7728A, an act to amend the Insurance Law.
5 SENATOR LEICHTER: Mr.
6 President.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Leichter.
9 SENATOR LEICHTER: I don't
10 think we have a calendar yet. Is there a
11 calendar on our desks?
12 ACTING PRESIDENT MAZIARZ:
13 Senator Leichter, it is calendar -- Senate
14 Supplemental Calendar 65C.
15 SENATOR LEICHTER: Could we
16 ask the clerks, please, to distribute it because
17 I don't think we have it here.
18 ACTING PRESIDENT MAZIARZ: It
19 is on all the desks.
20 SENATOR LEICHTER: Well,
21 where?
22 ACTING PRESIDENT MAZIARZ: The
23 Secretary will read.
24 THE SECRETARY: Calendar
25 Number 340, by the Committee on Rules, Assembly
7545
1 Print 7728A, an act to amend the Insurance Law.
2 ACTING PRESIDENT MAZIARZ:
3 Read the last section.
4 THE SECRETARY: Section 2.
5 This act shall take effect immediately.
6 ACTING PRESIDENT MAZIARZ:
7 Call the roll.
8 (The Secretary called the
9 roll.)
10 THE SECRETARY: Ayes 57.
11 ACTING PRESIDENT MAZIARZ:
12 The bill is passed.
13 THE SECRETARY: Calendar
14 Number 706, by Member of the Assembly Ramirez,
15 Assembly Print 2300, an act to amend the Public
16 Housing Law.
17 ACTING PRESIDENT MAZIARZ:
18 Read the last section.
19 THE SECRETARY: Section 2.
20 This act shall take effect immediately.
21 ACTING PRESIDENT MAZIARZ:
22 Call the roll.
23 (The Secretary called the
24 roll.)
25 THE SECRETARY: Ayes 57.
7546
1 ACTING PRESIDENT MAZIARZ:
2 The bill is passed.
3 THE SECRETARY: Calendar
4 Number 719, by Senator Goodman, Senate Print
5 5031D, an act to amend the Tax Law.
6 ACTING PRESIDENT MAZIARZ:
7 Senator Skelos.
8 SENATOR SKELOS: Mr.
9 President, is there a message of necessity at
10 the desk?
11 ACTING PRESIDENT MAZIARZ:
12 There is a message of necessity at the desk.
13 SENATOR SKELOS: Move to
14 accept.
15 ACTING PRESIDENT MAZIARZ:
16 All in favor of accepting the message of
17 necessity, please signify by saying aye.
18 (Response of "Aye.")
19 Opposed nay.
20 (There was no response.)
21 The message is accepted.
22 Secretary will read -- read
23 the last section.
24 THE SECRETARY: Section 7.
25 This act shall take effect immediately.
7547
1 ACTING PRESIDENT MAZIARZ:
2 Call the roll.
3 (The Secretary called the
4 roll.)
5 THE SECRETARY: Ayes 57.
6 ACTING PRESIDENT MAZIARZ:
7 The bill is passed.
8 THE SECRETARY: In relation
9 to Calendar Number 1241, Senator Padavan moves
10 to discharge from the Committee on Rules
11 Assembly Print 7787B, and substitute it for the
12 identical Senate Print, Third Reading 1241.
13 ACTING PRESIDENT MAZIARZ:
14 The substitution is ordered.
15 Secretary will read.
16 THE SECRETARY: Calendar
17 Number 1241, by the Committee on Rules, Assembly
18 Print 7787B, an act to amend the New York City
19 charter.
20 ACTING PRESIDENT MAZIARZ:
21 There is a home rule message at the desk. Read
22 the last section.
23 THE SECRETARY: Section
24 2. This act shall take effect immediately.
25 ACTING PRESIDENT MAZIARZ:
7548
1 Call the roll.
2 (The Secretary called the
3 roll.)
4 THE SECRETARY: Ayes 57.
5 ACTING PRESIDENT MAZIARZ: The
6 bill is passed.
7 THE SECRETARY: Calendar
8 Number 1510, by Senator Seabrook, Senate Print
9 3389A, an act authorizing the city of New York.
10 ACTING PRESIDENT MAZIARZ:
11 There is a home rule message at the desk. Read
12 the last section.
13 THE SECRETARY: Section 5.
14 This act shall take effect immediately.
15 ACTING PRESIDENT MAZIARZ:
16 Call the roll.
17 (The Secretary called the
18 roll.)
19 THE SECRETARY: Ayes 57.
20 ACTING PRESIDENT MAZIARZ:
21 The bill is passed.
22 THE SECRETARY: In relation
23 to Calendar Number 1627, Senator Breslin moves
24 to discharge from the Committee on Rules,
25 Assembly Print 2245B, and substitute it for the
7549
1 identical Senate Print, Third Reading 1627.
2 ACTING PRESIDENT MAZIARZ:
3 The substitution is ordered. Read the last
4 section -- I'm sorry, Secretary will read.
5 THE SECRETARY: Calendar
6 Number 1627, by Member of the Assembly
7 Canestrari, Assembly Print 2245B, an act
8 relating to the repayment of the state.
9 ACTING PRESIDENT MAZIARZ:
10 Read the last section.
11 THE SECRETARY: Section 2.
12 This act shall take effect immediately.
13 ACTING PRESIDENT MAZIARZ:
14 Call the roll.
15 (The Secretary called the
16 roll.)
17 THE SECRETARY: Ayes 56, nays
18 1, Senator Hannon -- ayes 55, nays 2, Senators
19 Hannon and Kuhl recorded in the negative.
20 ACTING PRESIDENT MAZIARZ:
21 The bill is passed.
22 THE SECRETARY: Also Senator
23 Larkin. Ayes 54, nays 3, those recorded in the
24 negative, Senators Hannon, Kuhl and Larkin.
25 ACTING PRESIDENT MAZIARZ:
7550
1 The bill is passed.
2 THE SECRETARY: Calendar
3 Number 1628. In relation to Calendar Number
4 1628, Senator DeFrancisco moves to discharge
5 from the Committee on Rules, Assembly Print
6 7543B, and substitute it for the identical
7 Senate bill, Third Reading 1628.
8 ACTING PRESIDENT MAZIARZ:
9 The substitution is ordered. Secretary will
10 read.
11 THE SECRETARY: Calendar
12 Number 1628, by the Assembly the Committee on
13 Rules, Assembly Print 7543B, an act to amend the
14 Arts and Cultural Affairs Law.
15 ACTING PRESIDENT MAZIARZ:
16 Read the last section.
17 THE SECRETARY: Section 2.
18 This act shall take effect on the first day of
19 January.
20 ACTING PRESIDENT MAZIARZ:
21 Call the roll.
22 (The Secretary called the
23 roll.)
24 THE SECRETARY: Ayes 57.
25 ACTING PRESIDENT MAZIARZ:
7551
1 The bill is passed.
2 THE SECRETARY: Calendar
3 Number 1629, by Senator Tully, Senate Print
4 4502A, an act to direct the New York City Taxi
5 and Limousine Commission.
6 SENATOR PATERSON: Lay it
7 aside.
8 ACTING PRESIDENT MAZIARZ:
9 Calendar Number 1629 is laid aside.
10 THE SECRETARY: Calendar
11 Number 1630, by Senator Levy, Senate Print
12 4683A, an act in relation to authorizing the
13 State University of New York.
14 ACTING PRESIDENT MAZIARZ:
15 Read the last section.
16 THE SECRETARY: Section 6.
17 This act shall take effect immediately.
18 ACTING PRESIDENT MAZIARZ:
19 Call the roll.
20 (The Secretary called the
21 roll.)
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT MAZIARZ:
24 The bill is passed.
25 THE SECRETARY: Calendar
7552
1 Number 1631, by Senator Saland, Senate Print
2 4894A, an act to reopen the special retirement
3 plan.
4 ACTING PRESIDENT MAZIARZ:
5 There is a home rule message at the desk. Read
6 the last section.
7 THE SECRETARY: Section 3.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MAZIARZ:
10 Call the roll.
11 (The Secretary called the
12 roll.)
13 THE SECRETARY: Ayes 56, nays
14 1, Senator Leichter recorded in the negative.
15 ACTING PRESIDENT MAZIARZ:
16 The bill is passed.
17 THE SECRETARY: Calendar
18 Number 1632. In relation to Calendar Number
19 1632, Senator Connor moves to discharge from the
20 Committee on Rules, Assembly Print 8236 and
21 substitute it for the identical Senate Print,
22 Third Reading 1632.
23 ACTING PRESIDENT MAZIARZ:
24 The substitution is ordered. Secretary will
25 read. There is a home rule message at the desk.
7553
1 THE SECRETARY: Section 2.
2 This act shall take effect immediately.
3 ACTING PRESIDENT MAZIARZ:
4 Call the roll.
5 (The Secretary called the
6 roll.)
7 THE SECRETARY: Ayes 57.
8 ACTING PRESIDENT MAZIARZ:
9 The bill is passed.
10 THE SECRETARY: Calendar
11 Number 1633. In relation to Calendar Number
12 1633, Senator LaValle moves to discharge from
13 the Committee on Rules, Assembly Print 8274B,
14 and substitute it for the identical Senate bill
15 third reading 1633.
16 ACTING PRESIDENT MAZIARZ:
17 The substitution is ordered. Secretary will
18 read.
19 THE SECRETARY: Calendar
20 Number 1633, by the Assembly Committee on Rules,
21 Assembly Print 8274B, an act to amend the Town
22 Law.
23 ACTING PRESIDENT MAZIARZ:
24 Read the last section.
25 THE SECRETARY: Section
7554
1 2. This act shall take effect immediately.
2 ACTING PRESIDENT MAZIARZ:
3 Call the roll.
4 (The Secretary called the
5 roll.)
6 THE SECRETARY: Ayes 56, nays
7 1, Senator Hannon recorded in the negative.
8 ACTING PRESIDENT MAZIARZ:
9 The bill is passed.
10 Senator Gold.
11 SENATOR GOLD: Mr. President,
12 I had asked a question about 1629 in committee
13 and as a courtesy to me, I understand Senator
14 Paterson laid it aside. However, Senator Tully
15 was kind enough to send somebody over earlier
16 and explain it and I do not have an objection.
17 If it's convenient and you
18 want to call up 1629, I have no objection -- oh,
19 I understand Senator Leichter wants to debate.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Skelos.
22 SENATOR SKELOS: Regular
23 order, please.
24 ACTING PRESIDENT MAZIARZ:
25 Continue the calendar. Secretary will read.
7555
1 THE SECRETARY: Calendar
2 Number 1634, by Senator Stafford, Senate Print
3 5488A, an act to amend the State Finance Law.
4 ACTING PRESIDENT MAZIARZ:
5 There is a message at the desk.
6 SENATOR SKELOS: Move the
7 message.
8 ACTING PRESIDENT MAZIARZ:
9 All those in favor of accepting the message of
10 necessity on Calendar Number 1634 signify by
11 saying aye.
12 (Response of "Aye.")
13 Opposed nay.
14 (There was no response.)
15 The message is accepted.
16 Read the last section.
17 THE SECRETARY: Section 2.
18 This act shall take effect immediately.
19 ACTING PRESIDENT MAZIARZ:
20 Call the roll.
21 (The Secretary called the
22 roll.)
23 THE SECRETARY: Ayes 57.
24 ACTING PRESIDENT MAZIARZ:
25 The bill is passed.
7556
1 THE SECRETARY: Calendar
2 Number 1635, by Senator DeFrancisco, Senate
3 Print 5583A, an act authorizing the State
4 University of New York.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Skelos.
7 SENATOR SKELOS: Is there a
8 message of necessity at the desk?
9 ACTING PRESIDENT MAZIARZ:
10 There is a message of necessity at the desk.
11 SENATOR SKELOS: Move to
12 accept.
13 ACTING PRESIDENT MAZIARZ:
14 All those in favor of accepting the message of
15 necessity on Calendar Number 1635 signify by
16 saying aye.
17 (Response of "Aye.")
18 Opposed nay.
19 (There was no response.)
20 The message is accepted.
21 Read the last section.
22 THE SECRETARY: Section 8.
23 This act shall take effect immediately.
24 ACTING PRESIDENT MAZIARZ:
25 Call the roll.
7557
1 (The Secretary called the
2 roll.)
3 THE SECRETARY: Ayes 57.
4 ACTING PRESIDENT MAZIARZ:
5 The bill is passed.
6 THE SECRETARY: Calendar
7 Number 1636, by Senator Lack, Senate Print
8 5665A, an act to amend the Tax Law.
9 ACTING PRESIDENT MAZIARZ:
10 Read the last section.
11 THE SECRETARY: Section 5.
12 This act shall take effect immediately.
13 ACTING PRESIDENT MAZIARZ:
14 Call the roll.
15 (The Secretary called the
16 roll.)
17 THE SECRETARY: Ayes 56 -
18 ACTING PRESIDENT MAZIARZ:
19 May we please have some order in the house.
20 THE SECRETARY: Ayes 55, nays
21 2, Senators Dollinger and Gentile recorded in
22 the negative.
23 ACTING PRESIDENT MAZIARZ:
24 The bill is passed.
25 THE SECRETARY: Calendar
7558
1 Number 1637, by Senator Farley, Senate Print
2 5717A, an act to amend the Banking Law.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Skelos.
5 SENATOR SKELOS: Is there a
6 message of necessity at the desk?
7 ACTING PRESIDENT MAZIARZ:
8 There is a message of necessity at the desk.
9 SENATOR SKELOS: Move to
10 accept.
11 ACTING PRESIDENT MAZIARZ:
12 All those in favor of accepting the message of
13 necessity on Calendar Number 1637 signify by
14 saying aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (Response of "Nay.")
18 The message is accepted.
19 Read the last section.
20 THE SECRETARY: Section 7.
21 This act shall take effect immediately.
22 SENATOR VELELLA: Lay it
23 aside.
24 ACTING PRESIDENT MAZIARZ:
25 Calendar Number 1637 is laid aside at the
7559
1 request of Senator Velella -
2 Read the last section.
3 THE SECRETARY: Section 7.
4 This act shall take effect immediately.
5 SENATOR VELELLA: Mr.
6 President, I believe I laid the bill, 1637 -
7 Calendar 1637, I believe I laid that aside.
8 ACTING PRESIDENT MAZIARZ:
9 I'm sorry, Senator Velella, with all the noise
10 in the chamber, we didn't hear you.
11 SENATOR VELELLA: Oh.
12 ACTING PRESIDENT MAZIARZ:
13 You're requesting -- Senator Velella is
14 requesting that Calendar Number 1637, by Senator
15 Farley, Senate Print Number 5717A, be laid
16 aside, is that correct, Senator Velella?
17 SENATOR VELELLA: Absolutely
18 correct.
19 ACTING PRESIDENT MAZIARZ:
20 The bill is laid aside.
21 THE SECRETARY: Calendar
22 Number 1639, by Senator Johnson, Senate Print
23 5781, an act to amend the Environmental
24 Conservation Law.
25 SENATOR SKELOS: Is there a
7560
1 message of necessity at the desk?
2 ACTING PRESIDENT MAZIARZ:
3 There is a message of necessity at the desk on
4 Calendar Number 1639.
5 SENATOR SKELOS: Move to
6 accept.
7 ACTING PRESIDENT MAZIARZ: All
8 those in favor of accepting the message of
9 necessity signify by saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response.)
13 The message of necessity is
14 accepted.
15 Read the last section.
16 THE SECRETARY: Section 2.
17 This act shall take effect immediately.
18 ACTING PRESIDENT MAZIARZ:
19 Call the roll.
20 (The Secretary called the
21 roll.)
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT MAZIARZ:
24 The bill is passed.
25 THE SECRETARY: Calendar
7561
1 Number 1640, by Senator Trunzo, Senate Print
2 5782, an act to amend a Chapter of the Laws of
3 1997.
4 SENATOR SKELOS: Mr.
5 President, is there a message of necessity at
6 the desk?
7 ACTING PRESIDENT MAZIARZ:
8 There is a message of necessity at the desk.
9 SENATOR SKELOS: Move to
10 accept.
11 ACTING PRESIDENT MAZIARZ:
12 All those in favor of accepting the message of
13 necessity on Calendar Number 1640 signify by
14 saying aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response.)
18 The message of necessity is
19 accepted.
20 Read the last section.
21 THE SECRETARY: Section 2.
22 This act shall take effect on the same date as a
23 Chapter of the laws of 1997.
24 ACTING PRESIDENT MAZIARZ:
25 Call the roll.
7562
1 (The Secretary called the
2 roll.)
3 THE SECRETARY: Ayes 57.
4 ACTING PRESIDENT MAZIARZ:
5 The bill is passed.
6 SENATOR SKELOS: Mr.
7 President.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Skelos.
10 SENATOR SKELOS: If we could
11 take up Senate Supplemental Calendar 65C,
12 controversial.
13 ACTING PRESIDENT MAZIARZ:
14 Secretary will read.
15 THE SECRETARY: Calendar
16 Number 1629, by Senator Tully, Senate Print
17 4502A, an act to direct the New York City Taxi
18 and Limousine Commission.
19 ACTING PRESIDENT MAZIARZ:
20 There is a home rule message at the desk.
21 Senator Tully, an explanation
22 has been requested of Calendar Number 1629 -
23 read the last section.
24 THE SECRETARY: Section 2.
25 This act shall take effect immediately.
7563
1 ACTING PRESIDENT MAZIARZ:
2 Call the roll.
3 (The Secretary called the
4 roll.)
5 THE SECRETARY: Ayes 57.
6 ACTING PRESIDENT MAZIARZ:
7 The bill is passed.
8 THE SECRETARY: Calendar
9 Number 1637, by Senator Farley, Senate Print
10 5717A, an act to amend the Banking Law.
11 ACTING PRESIDENT MAZIARZ:
12 Can we have some order in the house?
13 Thank you.
14 Secretary will read.
15 SENATOR LEICHTER:
16 Explanation.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Farley, an explanation has been
19 requested of Calendar Number 1637 by, I believe,
20 Senator Leichter, was that -
21 SENATOR FARLEY: This is the
22 so-called "Wild Card" bill, which has been under
23 negotiation since last year. I don't think it's
24 very funny; it's a significant piece of
25 legislation. It's a Governor's program bill.
7564
1 ACTING PRESIDENT MAZIARZ:
2 Senator Farley is absolutely right. Can we
3 hold Senator Farley to the respect of listening
4 to his explanation on this extremely important
5 piece of legislation?
6 Senator Farley.
7 SENATOR FARLEY: This is a
8 Governor's program bill which has been under
9 negotiation by all three parties since last
10 year. And, incidentally, I'd like to thank a
11 few people here, particularly my ranking person
12 from the Banking Committee, Senator Santiago,
13 who's not here today, but she's been a major
14 force in helping this bill along. Kathy
15 McCartney and Peter Edman, from my staff, and
16 Michael Boxley from Senator Connor's staff; and
17 of course "Denny" Farrell and Aurelia Greene.
18 This is not a totally agreed
19 upon bill, this is two-way agreement between the
20 Governor and this house. There's -- I can
21 honestly say there's nothing in this piece of
22 legislation that the Assembly objects to, in my
23 judgment.
24 We have made several
25 amendments to this legislation to address
7565
1 concerns that have been made by the insurance
2 industry, and let me just give you the genesis
3 of this. This legislation comes about as a
4 result of a March 1996 decision of the Supreme
5 Court of the United States basically that said
6 that any nationally-chartered bank could sell
7 insurance if they had an office in a small town;
8 and consequently, the National Conference of
9 State Legislators, the Council of State
10 Governments, the National Governors'
11 Association, all urged that the states protect
12 the dual banking system by passing "Wild Cards";
13 and to this date, 44 states have passed this
14 legislation; New York, the financial center of
15 the world, is a little bit slow in coming up
16 with this legislation.
17 Unfortunately, we've already
18 had two major banks in New York State switch to
19 a national charter. Key Bank, which had its
20 headquarters here in Albany and now is in
21 Cleveland, went to a national charter; Fleet
22 last week announced that they are going to a
23 national charter and the lagging on the "Wild
24 Card" was given as one of the reasons.
25 We have worked out amendments
7566
1 on this bill because there was concern about the
2 -- from the insurance industry. There was
3 concern from the insurance industry; and the
4 professional insurance agents have spoken to me,
5 they support this; the independent insurance
6 agents support this legislation. The
7 Association of Life Underwriters support this
8 legislation. It's my understanding that LICONY,
9 from Kathy McCartney, concurs. We have made
10 amendments; they concur, and most of their
11 concerns have been resolved by these recent
12 amendments.
13 Let me just say what this
14 authorizes the banking board to do: To enact
15 regulations to provide state banks with the same
16 powers as national banks. It governs bank
17 insurance powers and it includes language
18 supported by the banking industry, the insurance
19 agents, regarding the sale of insurance by
20 banks. In these particular -- these provisions
21 ensure functional regulation; therefore,
22 insurance activities of banks will be subject to
23 the same laws, regulations that apply to the
24 insurance activities of any other entity.
25 As far as civil penalties are
7567
1 concerned, this bill significantly increases the
2 penalties and establlishes a three-tier penalty
3 structure. These provisions are very similar to
4 the existing penalty provisions authorized by
5 federal law.
6 ACTING PRESIDENT MAZIARZ:
7 Excuse me, Senator Farley.
8 Senator Skelos.
9 SENATOR SKELOS: Excuse me,
10 Senator Farley. We have an important piece of
11 legislation -- not that yours isn't -- that we
12 have to deal with immediately. So I'm going to
13 ask at this time if we could withdraw this piece
14 of legislation at this time, lay it aside
15 temporarily, and return to reports -- messages
16 from the Assembly.
17 ACTING PRESIDENT MAZIARZ: We
18 will withdraw the roll call and lay the bill
19 aside temporarily. Return to messages from the
20 Assembly.
21 The Chair hands down a message
22 from the Assembly. Secretary will read.
23 THE SECRETARY: Assembly
24 returns Assembly Bill 8642, by the Assembly
25 Committee on Rules, an act authorizing the
7568
1 creation of a state debt in the amount of $2
2 billion.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Skelos.
5 SENATOR SKELOS: Mr.
6 President, without objection, could we have
7 third reading -- advance it to third reading.
8 ACTING PRESIDENT MAZIARZ:
9 Without objection, third reading is ordered.
10 Secretary will read.
11 THE SECRETARY: Calendar
12 Number 1642, by the Assembly Committee on Rules,
13 Assembly Print 8642, an act authorizing the
14 creation of a state debt in the amount of
15 $2,400,000,000.
16 SENATOR SKELOS: Mr.
17 President, is there a message of necessity at
18 the desk?
19 ACTING PRESIDENT MAZIARZ:
20 There is a message of necessity at the desk.
21 SENATOR SKELOS: Move to
22 accept.
23 ACTING PRESIDENT MAZIARZ:
24 All those in favor of accepting the message of
25 necessity signify by saying aye.
7569
1 (Response of "Aye.")
2 Opposed no.
3 (There was no response.)
4 The message is accepted.
5 Senator Skelos -- read the
6 last section.
7 THE SECRETARY: Section 2.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MAZIARZ:
10 Call the roll.
11 (The Secretary called the
12 roll.)
13 THE SECRETARY: Those
14 recorded in the negative on Calendar Number 1642
15 are Senators Dollinger, Hoffmann, and Saland.
16 Ayes 54, nays 3.
17 ACTING PRESIDENT MAZIARZ:
18 The bill is passed.
19 Can we have some order in the
20 house, please?
21 Senator Farley, we're going to
22 return to your explanation on Calendar Number
23 1637. The Chair apologizes to you, Senator
24 Farley, but the bill had to be passed before
25 midnight.
7570
1 Senator Farley.
2 SENATOR FARLEY: Without these
3 recent developments, the "Wild Card" -
4 ACTING PRESIDENT MAZIARZ:
5 Senator Farley, I don't know why this bill is
6 generating so much conversation in this chamber.
7 The chair recognizes Senator
8 Farley and only Senator Farley.
9 Senator Farley.
10 SENATOR FARLEY: Thank you,
11 Mr. President.
12 Recent developments have made
13 this federal charter issue -- the federal char
14 ter much more attractive and it poses a major
15 challenge to the threat of the state banking
16 system and these include the implementation of
17 the Federal Interstate Branching Law and the
18 aggressive efforts by the federal regulators to
19 expand powers, cut red tape, and reduce
20 regulatory fees.
21 As a result of these
22 developments, banks are making decisions now
23 regarding the future structure of their
24 institutions. Recently, as I mentioned, we have
25 seen two large regional banks flip to a state
7571
1 charter -- to a national charter.
2 New York has much to lose if
3 we don't respond to these changes and keep New
4 York State's charter attractive and competitive.
5 There are 140 state chartered
6 banks in New York versus 70 federal. Of the 25
7 largest banks in New York, 20 are state
8 chartered, including the largest bank in the
9 nation, Chase Manhattan. We need to reassure
10 these state chartered banks that New York is
11 committed to the state charter.
12 I have made amendments to this
13 legislation to address all of the concerns of
14 the insurance industry. I think that they are
15 all on-board. I have -- there's no known
16 opposition, at least that I know of, to this
17 bill. It's very, very important to the state of
18 New York. It's been described to me by some of
19 the insurance lobbyists as a national model and
20 one that they would like to see on the books
21 because there being no federal insurance
22 department, it gives the states a guideline as
23 to how to regulate banks should they be in the
24 insurance business.
25 With that, I'll be happy to
7572
1 answer any questions.
2 ACTING PRESIDENT MAZIARZ:
3 Thank you, Senator Farley.
4 Read the last section.
5 SENATOR LEICHTER: Mr.
6 President.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Leichter.
9 SENATOR LEICHTER: I'll yield
10 to Senator Velella. I understand, Senator, you
11 said you wanted to be heard on this?
12 SENATOR VELELLA: Originally
13 I had some problems with this bill but -
14 ACTING PRESIDENT MAZIARZ:
15 Senator Velella.
16 SENATOR VELELLA: Thank you
17 for yielding, Senator. I had some problems with
18 this bill, but Senator Farley's explanation
19 covered almost everything I could think of and
20 was such an outstanding explanation that it
21 cleared up any confusion I had on the bill, and
22 I would think that there would be no questions
23 at all. He covered all the bases, so I move
24 that we move the bill.
25 ACTING PRESIDENT MAZIARZ:
7573
1 Senator Leichter.
2 SENATOR LEICHTER: Thank you
3 very much, Mr. President.
4 And, Senator Velella, it's good
5 that your confusion was cleared up, but
6 obviously when you put your name on the bill you
7 must have still been confused because I see your
8 name on the bill, and I'd like to ask some
9 questions to see whether we can't clear up some
10 confusions that I think generally surround this
11 bill.
12 Senator Farley, would you
13 yield, please?
14 ACTING PRESIDENT MAZIARZ:
15 Senator Farley, would you yield for a question
16 from -
17 SENATOR FARLEY: Yes, I will.
18 ACTING PRESIDENT MAZIARZ: -
19 Senator Leichter.
20 Senator Leichter.
21 SENATOR LEICHTER: Senator
22 Farley, I think you rightly said this is an
23 important bill and I know it's a bill that
24 you've been very much concerned with throughout
25 this session, and I believe early in January or
7574
1 maybe it was early in February, you had a
2 meeting of the Banking Committee and you brought
3 in two individuals to speak on behalf of the
4 bill, the then Superintendent, Superintendent
5 Levin, and the representative of the commercial
6 bankers.
7 At that time, I asked you and
8 suggested it might be appropriate to hold
9 hearings on the bill because, as you said, it
10 was so important. Were there ever any hearings
11 held on this bill, Senator Farley?
12 SENATOR FARLEY: No, there
13 were not.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Farley.
16 SENATOR FARLEY: There were
17 not hearings held on this bill. We were,
18 theoretically, going to have joint hearings
19 between the Assembly and the Senate. Yes, there
20 were some hearings, the Assembly went ahead and
21 held their own hearings after we had agreed to
22 hold joint hearings, and I held an informational
23 meeting, that's all that that was, was an
24 informational meeting held at the last minute
25 for my committee and to give the opportunity for
7575
1 committee members to ask the Superintendent of
2 Banks and Michael Smith from the New York State
3 Bankers' Association to speak to this issue and
4 how important it was for them. But, there were
5 hearings held by the Assembly; we were not
6 included.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Leichter.
9 SENATOR LEICHTER: Senator
10 Farley, if you would continue to yield.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Farley, would you continue to yield?
13 SENATOR FARLEY: Yes, I will.
14 SENATOR LEICHTER: Did I
15 understand you to say the main reason for this
16 bill, which would transfer the authority to make
17 powers as to banking policy and rules is because
18 unless we do this, that state chartered banks
19 would opt to have a national charter; is that a
20 fair statement?
21 SENATOR FARLEY: That's a
22 fair statement, but I don't like your preamble
23 to that statement where you said that we're
24 transferring all of our powers and rules, that's
25 not true.
7576
1 SENATOR LEICHTER: We are
2 transferring some powers and rules.
3 SENATOR FARLEY: You see,
4 Senator Leichter, on this issue, the only laws,
5 and so forth, that we can make affect state
6 chartered banks. If they go to a national
7 charter, we have little or no control over them.
8 Much of the legislation,
9 interstate branching and so many things, came
10 out of New York legislation. We have been the
11 beacon of progressiveness when it comes to
12 banks, and when you had the S and L crisis
13 around the nation, you didn't see New York banks
14 going belly-up; it's because we have the finest
15 banks in the nation, and most of which are state
16 chartered.
17 SENATOR LEICHTER: Senator
18 Farley, if you will continue to yield.
19 ACTING PRESIDENT MAZIARZ:
20 Senator Farley, would you continue to yield to
21 Senator Leichter?
22 SENATOR FARLEY: Yes, I will.
23 SENATOR LEICHTER: Senator
24 Farley, I must say I have a problem with your
25 logic and maybe you can help clear that up for
7577
1 me.
2 Your purpose in passing this
3 bill is to see that the state of New York
4 continues to exercise control over banks, which
5 it can do, in most instances, only over state
6 chartered banks. In order to keep that control,
7 you now give the state chartered banks the
8 powers that they would have as national banks.
9 So where do we maintain our control? Where do
10 we gain anything by the fact that, yes, they
11 have a state charter, but they have all the
12 federal powers?
13 SENATOR FARLEY: Senator
14 Leichter, all the laws that we have on the books
15 currently to date applying to state chartered
16 banks will still apply, and there's a number of
17 them. For instance, our -- the ATM security
18 legislation, which we just recently passed, all
19 of that still applies.
20 SENATOR LEICHTER: But,
21 Senator, isn't it true that, under this bill, if
22 the banking board determines that federal policy
23 does not require ATM security, that the banking
24 board could override that provision, unless
25 you've amended the bill?
7578
1 SENATOR FARLEY: This "Wild
2 Card" authority does not permit the exercise of
3 any power, except in a manner consistent with
4 the following laws: The Banking and Credit
5 Information Program, prohibition of geographic
6 discrimination, motor vehicle leasing,
7 interstate branching, ATM safety, the Banking
8 Law, Truth in Savings, the Banking Law State
9 Community Reinvestment Act. The superintendent
10 has no authority to change any of those.
11 SENATOR LEICHTER: Good.
12 Mr. President.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Leichter.
15 SENATOR LEICHTER: Thank you
16 very much, Senator Farley. You've been
17 courteous and gracious, as always.
18 Senator Farley points out, I
19 think rightfully so, that the bill has been
20 amended and certainly to my mind is not as
21 meretricious as it was when it was first
22 introduced, but I think it still raises a very
23 fundamental principle, which is we are the
24 Legislature. By this bill, we are giving up
25 substantial authority and power to the
7579
1 superintendent.
2 Now, it always amuses me when
3 I see my good friends of the Majority who rail
4 against the bureaucrats who speak about the
5 people's representatives should have the right
6 to make laws, to make decisions and how the
7 bureaucrats are continuously interfering with
8 our prerogatives; then we get a bill like this
9 that turns one of the most important functions
10 that we have, to regulate and set banking
11 policy, and not wholly, because Senator Farley
12 pointed out, the bill has been amended, but to
13 still a fairly significant extent, it gives
14 powers to the superintendant and the banking
15 board to set policy which is now set by this
16 Legislature.
17 Banking, as we all know and to
18 say a truism, is extremely important to the
19 welfare of this state, to all of our
20 constituents. We feel that it is important that
21 policy be set by the people's elected
22 representatives.
23 This bill goes absolutely in
24 the wrong direction. If you want to give up
25 your powers, if you want to abdicate the
7580
1 responsibility that we now have, then you'll
2 vote for this bill.
3 But let me just say further
4 that the concern that Senator Farley has about
5 banks giving up their state charter, and there's
6 a risk that that will happen, but not, I think,
7 because we don't pass "Wild Card", there's a lot
8 of factors that go into this; but one answer is
9 that if we feel that it's appropriate, we can
10 change those laws which may make a state
11 chartered bank more comfortable in maintaining
12 its charter. The argument is, well, we're not
13 efficient, we're not as quick. You know, the
14 same arguments you hear, democracy doesn't work,
15 democracy isn't efficient. I think that we work
16 very well. We can deal with all of the needs
17 that state chartered banks have by legislation.
18 We should not give up our
19 powers in this respect, and I would urge you to
20 keep control over bank policy in the Legislature
21 and not turn that power over to this extent to
22 the Superintendent of Banks and the banking
23 board.
24 ACTING PRESIDENT MAZIARZ:
25 Read the last section.
7581
1 THE SECRETARY: Section 7.
2 This act shall take effect immediately.
3 ACTING PRESIDENT MAZIARZ:
4 Call the roll.
5 (The Secretary called the
6 roll.)
7 THE SECRETARY: Ayes 56, nays
8 1, Senator Leichter recorded in the negative.
9 ACTING PRESIDENT MAZIARZ:
10 The The bill is passed.
11 Senator Bruno.
12 SENATOR BRUNO: Mr.
13 President, can we return to reports of standing
14 committees, and I believe there's a report there
15 from the Finance Committee; I ask that it be
16 read at this time.
17 ACTING PRESIDENT MAZIARZ:
18 Return to reports of standing committees. The
19 Secretary will read.
20 THE SECRETARY: Senator
21 Stafford, from the Committee on Finance, offers
22 up the following bill:
23 Senate Print 5785, by the
24 Committee on Rules, an act to amend the Tax Law
25 and the Banking Law.
7582
1 SENATOR BRUNO: Move to
2 accept the report.
3 ACTING PRESIDENT MAZIARZ:
4 Motion is to accept the report. All those in
5 favor signify by saying aye.
6 (Response of "Aye.")
7 Opposed nay.
8 (There was no response.)
9 The report is accepted.
10 Senator Bruno.
11 SENATOR BRUNO: Mr. President,
12 can we at this time take up Calendar Number
13 1641?
14 ACTING PRESIDENT MAZIARZ:
15 Secretary will read.
16 THE SECRETARY: Calendar
17 Number 1641, by the Committee on Rules, Senate
18 Print 5785, an act to amend the Tax Law and the
19 Banking Law.
20 SENATOR BRUNO: Is there a
21 message of necessity?
22 ACTING PRESIDENT MAZIARZ:
23 There is a message of necessity at the desk.
24 SENATOR BRUNO: Move to accept
25 the message.
7583
1 ACTING PRESIDENT MAZIARZ:
2 All those in favor of accepting the message of
3 necessity signify by saying aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (There was no response.)
7 The message is accepted.
8 The Secretary will read -
9 read the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Paterson.
14 SENATOR PATERSON: Mr.
15 President, I would like an explanation on
16 Calendar Number 1641.
17 ACTING PRESIDENT MAZIARZ: An
18 explanation has been requested of Calendar
19 Number 1641.
20 Senator Bruno.
21 SENATOR BRUNO: Yes, Mr.
22 President. This is the tax package that
23 represents much of what we in this chamber
24 passed as Senate 1 and Senate 2. We have a
25 total of business taxes that, when fully
7584
1 implemented, will be well over $2 billion and in
2 property tax cuts that are represented, about
3 2.4 billion.
4 And what's represented in this
5 package is the continuation of what we have done
6 together in the Legislature with the leadership
7 of the Governor in having led the country in tax
8 cuts this will be the third year in a row, and
9 the taxes that are represented here, I won't go
10 into great detail because I think they are on
11 the desk and you're familiar with them, but we
12 have talked about the gross receipts tax, that's
13 in here, reduces the gross receipts tax by about
14 25 percent, it's $500 million when implemented.
15 Sales tax, one week on clothing this year, one
16 week next year and then decreased over the next
17 five years, close to a $500 million reduction on
18 clothing under $100.
19 We have many of the nuisance
20 business taxes that were implemented over the
21 last 10 or 15 years that will be eliminated.
22 The container tax, you name it, it's in there.
23 And the bottom line to all of
24 what is happening here tonight is that we are
25 continuing the economic development, the job
7585
1 growth and leading the country back so that we
2 all can be proud of what has happened in this
3 state and that New York State will lead the
4 country in job creation, and we have gone from
5 last in the last three years to about tenth and
6 we have a ways to go. So this is something we
7 can all be proud of.
8 I'm proud of the part that we
9 are playing in helping this become law.
10 Thank you.
11 ACTING PRESIDENT KUHL:
12 Senator Connor.
13 SENATOR CONNOR: Thank you,
14 Mr. President.
15 I'm proud that this package is
16 before us and I'm proud of some aspects of it
17 and there is perhaps something unique about it.
18 And, you know, when we did S. 1 and S. 2, it was
19 a bipartisan effort in this house. There are
20 tax cuts in here that reflect the values which
21 the Democratic members of this house articulated
22 earlier this year.
23 And if you'll recall, Mr.
24 President, when we did STAR, the Governor
25 proposed STAR -- and let me say, you know, all
7586
1 too often, much of the fault, both houses, we
2 don't look like a Legislature sometimes the way
3 we function and the way it looks in other states
4 and in Washington. But this was a case,
5 certainly, of an idea, an improvement, and a
6 better improvement on a bipartisan basis.
7 The Governor proposed his STAR
8 proposal. Senator Bruno, quite commendably,
9 proposed and enhanced property tax program, and
10 the Democratic members of this house proposed
11 what we called Fairness First STAR, which drove
12 more money to upstate communities by eliminating
13 a provision in the Governor's bill, in the
14 Majority's bill, which would have unfairly
15 benefitted the New York City suburbs to the
16 detriment of almost every county upstate.
17 We also proposed that some of
18 the enhancement, which was proposed by Senator
19 Bruno, be driven to the cities of this state.
20 And I'm happy tonight, Mr. President, that for
21 once, on a bipartisan basis -- and I
22 congratulate the Governor, I congratulate
23 Senator Bruno, and I congratulate the Speaker -
24 took a good idea, and even though it emanated
25 from the Minority, incorporated it into the
7587
1 proposal and we have a better bill.
2 And I'm sure many members of
3 this house in the past months have read the
4 op-eds and the editorials around the state that
5 praised the proposal that the Minority is very
6 proud to put forward. It's a rare event. I
7 congratulate the Majority here. I congratulate
8 Senator Bruno; and Senator Bruno did say that
9 day, "It's a very good idea and we're going to
10 look at it," and you did.
11 So we're very, very happy on
12 this side of the aisle to provide property tax
13 relief to the residents of New York State, to
14 all those counties upstate. And we're very,
15 very happy that the cities are being treated
16 fairly, that it's a good idea, it's an idea that
17 Senator Bruno said that day that the Majority
18 would address and you have and the Governor has
19 and the Assembly has.
20 We're also happy that a tax
21 like the gross receipts tax is being reduced
22 because it's always been my opinion that that
23 drove energy costs through a way that hurt New
24 York job creation. We're certainly happy about
25 the sales tax relief that we'll work out over
7588
1 the next years because, let's face it, my
2 colleagues, that is a tax that you pay whether
3 you're rich or poor, and to tax clothing sales
4 under $100 by very poor people just seems to be
5 counterproductive. At a time that we're
6 encouraging poor people to work and become more
7 productive, we shouldn't put those kinds of
8 disincentives on their economic efforts.
9 We're happy about the College
10 Choice Savings Program. Earlier this year, the
11 Democratic conference put forth a pre-paid
12 tuition kind of plan, very, very similar to the
13 one that was adopted. So, we're happy about
14 that, and we're happy to see that our ideas do
15 matter. We're happy we can contribute some
16 ideas to the effort to make this budget.
17 Certainly the child care credit is something
18 we're delighted to support.
19 State tax relief, I think is
20 the kind of thing we always have to keep our eye
21 on, what other states do, what the federal
22 government does so that we don't unfairly burden
23 New Yorkers -- average New Yorkers, not wealthy
24 people, average New Yorkers whose relatively -
25 in today's economy, relatively small estates
7589
1 were being taxed and we're often driving people
2 out of state in their senior years.
3 So all in all, Mr. President,
4 we're delighted, we're really delighted to
5 support, at least I am delighted to support this
6 tax cut proposal. If I dispute anything the
7 Majority Leader said it's that under the Pataki
8 years we have created jobs. All the statistics
9 I've seen show that that's true and I'm glad
10 it's true for New York City, for its suburbs,
11 there has been job growth. Regrettably, though,
12 regrettably, and we need to address this, the
13 rest of the state, and I think my colleagues
14 from upstate can verify this, the rest of the
15 state has not shared in that job growth. It's
16 been Wall Street driven, it's been downstate,
17 and every survey I've seen shows that the job
18 situation in Upstate New York, the economy in
19 Upstate New York is really not in very good
20 shape at all, and I think we ought to, in future
21 years -- in future days, in fact, try and
22 address that problem. And I assure you, Mr.
23 President, the members of this Minority always
24 stand ready to cooperate with the Majority, with
25 the Assembly and with the Governor on new ideas
7590
1 and new programs that benefit middle class New
2 Yorkers, working New Yorkers, and that hopefully
3 we'll make more New Yorkers enjoy the benefits
4 of work and the economic boost that that brings.
5 So I'm delighted to support
6 this, Mr. President.
7 SENATOR LEICHTER: Mr.
8 President.
9 ACTING PRESIDENT KUHL:
10 Senator Leichter.
11 SENATOR LEICHTER: Mr.
12 President, is there an amendment at the desk? I
13 think it's just been served.
14 ACTING PRESIDENT KUHL: There
15 is an amendment at the desk, Senator Leichter,
16 but give me just a minute to check and see
17 whether or not it's appropriate.
18 SENATOR LEICHTER: Sure.
19 ACTING PRESIDENT KUHL:
20 You're asking for an opportunity to waive the
21 reading at this point, Senator Leichter, and
22 explain the amendment?
23 SENATOR LEICHTER: Yes, I am,
24 Mr. President.
25 ACTING PRESIDENT KUHL: The
7591
1 opportunity is yours.
2 SENATOR LEICHTER: I thank
3 you, Mr. President.
4 My fellow colleagues, I am
5 neither proud, nor am I happy or delighted at
6 this tax bill. I'm scared to death by it. I
7 think we have brought fiscal irresponsibility to
8 a new height. We brought it to a new height
9 because this tax bill is totally and completely
10 back-ended. We're putting $143 million into the
11 tax -- or the payment of the tax this year. In
12 year five, that tax bill is going to cost $5
13 billion. If all that we can afford in a year
14 when we're relatively flush with money because
15 of a windfall from Wall Street is 143 million,
16 how can we afford five years from now to pay $5
17 billion? This is going to blow an enormous hole
18 into the state's budget.
19 Now let me say this, my
20 friends: If you want to vote this sort of a tax
21 bill for this year, fine, vote on it for this
22 year. If you want to vote a tax bill for next
23 year, vote on it next year. The third year,
24 vote on it that year; the fourth year, the fifth
25 year; but don't now bind the hands of the
7592
1 Legislature five years from now without knowing
2 what revenue we have, without knowing what needs
3 we have.
4 So, my amendment is very
5 simple, it just provides that every year we will
6 vote on these tax cuts, the very same tax cuts.
7 If economic conditions permit
8 it, then we can go ahead with a tax cut. If
9 they do not permit it, then we shouldn't vote
10 the tax cut. That is called fiscal
11 responsibility, and I'm not one who ordinarily
12 puts that mantle around myself, Senator Bruno,
13 you do; Senator Stafford, you do. The Majority
14 does. And yet, here you are doing the most
15 fiscally irresponsible act that anybody could
16 possibly do, which is to say five years from
17 now, I'm going to have $5 billion. It's no
18 wonder that this state has the second lowest
19 bond rating of all the states in the Union,
20 because we do these totally fiscally
21 irresponsible acts. It started under Governor
22 Cuomo when, in 1987, we enacted a tax cut four
23 years into the future, we continued it under
24 Governor Pataki when we enacted the three-year
25 tax cut, and we now reach new heights when we
7593
1 have this tax cut that is spread out over five
2 years. We should vote on it every year.
3 So I would urge your support
4 for this amendment for fiscal sanity. And I
5 just want to point out that if we enact this
6 particular tax cut and we find ourselves in
7 economic trouble two or three years from now,
8 then we're going to have no choice, unless you
9 want to repeal the tax cut, and we appreciate
10 that's always difficult to do. What you're
11 going to have to do is you're going to have to
12 cut education, health care of seniors, care of
13 the mentally ill, the disabled, and so on. That
14 will be our only alternative.
15 I don't believe any other
16 state in the Union does these multi-year tax
17 cuts that are back-ended the way ours is. We
18 put very little money in the first year but we
19 claim credit, as Senator Bruno does, $5 billion,
20 but you put up $143 million this year.
21 The interesting thing is, and
22 this was a study that was put out today by the
23 Fiscal Policy Institute that shows that the cost
24 of the tax cut in the last year is 35 times the
25 amount that we're putting in to pay for the tax
7594
1 cut this year. That, my friends, again, I must
2 say is fiscally irresponsible -- maybe
3 politically great, we may look great this year,
4 but you're going to have an awful time in future
5 years, and even more so when we're acting at a
6 time when we have had this windfall. And
7 everybody says it's a windfall. You're not
8 going to be able to continue rolling in this
9 amount of money from Wall Street.
10 Don't do it. It's wrong. It
11 is fiscal suicide for this state. I urge you
12 to support my amendment. Vote on these tax cuts
13 every year. Be responsible.
14 ACTING PRESIDENT KUHL:
15 Senator Gold, on the amendment.
16 SENATOR GOLD: Thank you very
17 much, Mr. President. I'm going to support the
18 bill for the reasons explained by Senator
19 Connor, but I want to just add a little bit to
20 the comments made by Senator Leichter.
21 Just to give you a little
22 history, and this time of night, the history is
23 going to be very short, I guarantee you, but if
24 you take a look at this agreement, as was
25 pointed out, we're talking about this year's
7595
1 budget, the latest budget ever -- thank you,
2 Governor -- which is really only a $143 million
3 package. If you look through everything, STAR,
4 it's zero; New York City STAR, it's zero; GRT
5 rate reduction, zero; Estate Tax reform, zero.
6 So all this really is is a plan.
7 Now, having said that, I was
8 here and many of you were here when we talked
9 about the state tax cut package back in '87 and
10 what happened? In 1990, we had to vote to delay
11 it. In '91, we voted to delay it. In '92, we
12 delayed it.
13 In '92, '93 and '94, in order
14 to pay for it, we had to put in new taxes. So,
15 on the one hand, we were telling -- we were
16 cutting taxes, but we were feeding out of their
17 other pocket with new taxes.
18 The bottom line of it is that
19 to the extent that Senator Leichter indicated,
20 that every year we have to take a new vote, we
21 do. The fact is that with every year we either
22 do or we do not give the people a tax cut.
23 In 1990, by doing the delay,
24 we didn't do it, even though we announced it
25 in'87. So, as long as we're doing this with our
7596
1 eyes open, I'm going to vote for it as a plan.
2 But my eyes are open; and the plan, to some
3 extent, is unrealistic.
4 Having said that, I think it's
5 a little bit of an unfairness to the people
6 unless they understand that what we're talking
7 about, Senator Bruno, is not $5 billion, that
8 it's not money into the economy that they are
9 going to be able to spend with this budget. And
10 the budget we're enacting tonight, God willing,
11 has far less in terms of its impact on the
12 people and that impact is $143 million, and in
13 most of the areas that we're talking about, it
14 is zero.
15 ACTING PRESIDENT KUHL:
16 Senator LaValle, on the amendment.
17 SENATOR LAVALLE: I want to
18 speak on the main bill, Mr. President.
19 ACTING PRESIDENT KUHL:
20 Senator LaValle waives on the amendment.
21 Senator Dollinger, on the
22 amendment.
23 SENATOR DOLLINGER: Thank
24 you, Mr. President.
25 I guess I find it astounding
7597
1 after the five years that I've been here that
2 Senator Leichter stands up and seems to talk
3 about fiscal responsibility and adopting the
4 principle that we will vote as we go and pay as
5 we go with tax cuts which I think it seems to me
6 like a very fiscally conservative thing to be
7 preaching. But yet I have this sinking feeling
8 in the pit of my stomach that that fiscal
9 conservatism, good, old-fashioned conservatism
10 will be ignored by the house tonight.
11 I have another suggestion, and
12 I really share Senator Gold's view. I'm going
13 to vote for the main bill, too, but I'm going to
14 suggest to you that this tax cut as it's
15 structured is a whimpy tax cut, a very, very
16 whimpy tax cut.
17 You remember that great
18 American pop culture icon J. Wellington Whimpy
19 who once said, "I would gladly pay you Tuesday
20 for a hamburger today"? Well, we get the whole
21 hamburger today, we get the press release, we
22 get the $5 billion tax cuts, we're going to all
23 look like tax heros. You know what it costs us
24 this year? Senator Gold, I think the number
25 you're talking about, $143 million is actually
7598
1 high because that $143 million includes the $90
2 million tax cut that -- tax increase that the
3 Governor was going to put in the assessments.
4 The actual fiscal cost to us this year for the
5 $5 billion that we're going to buy on Tuesday is
6 $53 million.
7 In voting for the main bill -
8 and I won't talk on the main bill -- in voting
9 for the main bill, I'm suggesting we can afford
10 that $53 million, but I also agree with Senator
11 Gold, it's unrealistic for the people of this
12 state to think that this $5 billion is somehow
13 going to arrive free at their door.
14 I suggest that Senator
15 Leichter's fiscally conservative approach, vote
16 as we go, pay as we go, is the right way to go.
17 Let's vote for this amendment. Let's perhaps
18 decrease the amount of ink we put in our press
19 releases but, frankly, let's be candid and
20 honest with the people of this state.
21 ACTING PRESIDENT KUHL: The
22 question is on the amendment.
23 All those in favor signify by
24 saying aye.
25 (Response of "Aye.")
7599
1 Opposed nay.
2 (Response of "Nay.")
3 ACTING PRESIDENT KUHL: The
4 amendment is lost.
5 On the main bill, Senator
6 LaValle.
7 SENATOR LAVALLE: Thank you,
8 Mr. President.
9 I believe the tax bill that we
10 will be voting on is a very historic measure
11 that will begin to move our state forward and do
12 more to keep New Yorkers in New York and I would
13 say to take their tax savings, whether it's on
14 real property taxes or utilities, which they
15 will be saving through the gross receipts tax,
16 and reinvesting that into our economy.
17 And I think certainly the
18 Governor -- and I would just like to talk a bit
19 about the school property tax because I believe
20 that this will have a dramatic impact and
21 sometimes we don't realize that we are, indeed,
22 setting public policy and moving the state in a
23 different direction, it's quite ironic, just
24 before the next millenium.
25 This, coupled with a bill that
7600
1 will be coming later on, the education bill,
2 will be very, very dramatic in moving how we
3 finance education and how our schools will be
4 financed and taking the burden off some of the
5 hardest pressed taxpayers in this state.
6 Certainly Governor Pataki is
7 to be commended for making this a number one
8 priority as he had stated in the State of the
9 State message but I think, again, it must be
10 noted, as Senator Bruno, in 1996, committed this
11 body toward resolving a problem of the oppressed
12 property taxpayer.
13 Senator Bruno, in '96 and '97,
14 has held at least four press conferences and has
15 explained and debated on this floor on at least
16 two occasions comprehensive legislation to
17 resolve this problem.
18 The Governor, together with
19 our Majority Leader, and certainly all of us,
20 this is an occasion where we can all take credit
21 for working together in dealing with a problem
22 that for literally decades has plagued
23 taxpayers, school property taxpayers, in this
24 state, and we are moving tonight in a direction
25 that I think people who will be writing about
7601
1 this session will say this is a very historic
2 and important move, not only the school property
3 tax, but the other measures in the tax bill.
4 ACTING PRESIDENT KUHL:
5 Senator Nozzolio.
6 SENATOR NOZZOLIO: Mr.
7 President, on the bill.
8 Governor Pataki, Senator
9 Bruno, this body, are leading New Yorkers to the
10 come-back of the Empire State.
11 I'm very pleased that we
12 defeated Senator Leichter's misbegotten
13 amendment because, frankly, it was the height of
14 fiscal irresponsibility to put forth a catch as
15 catch, do as we whim to do, one-year-at-a-time
16 plan. Businesses, job producers, come to states
17 that are reliable, that are dependable, that
18 demonstrate, clearly, tread lines through time
19 that they are serious about tax and fiscal
20 policy.
21 This state, in the past, has
22 been dismal under prior Governors in keeping a
23 consistent standard of tax reliability.
24 Businesses throughout the world were running
25 away from New York, taking opportunity after
7602
1 opportunity other places because this
2 Legislature and prior Governors were
3 irresponsible, changing their minds like the
4 most fickle of fickle individuals.
5 Governor Pataki is sticking to
6 his plan. The first year we have been the
7 largest tax cutter in the nation. The second
8 year, we have been the largest tax cutter in the
9 nation. And, as Senator Bruno said tonight, for
10 the third year in a row, we are the largest tax
11 cutter in the nation. That is a tread line that
12 the chief executive officers and the chairmen of
13 the boards of corporations throughout the world
14 can look to New York and say finally something
15 is happening in a consistent way; and frankly,
16 it's because Governor Pataki and this Senate
17 Majority has stuck to its guns. We're not going
18 to be fickle, we're not going to complain, we're
19 not going to repeat the mistakes of the past.
20 That was done and it brought this state to
21 fiscal and economic ruin.
22 I'm very pleased and very
23 proud. The leadership of our Majority Leader,
24 the leadership of the Governor, the consistent
25 rational policy of making our state competitive
7603
1 again on a consistent basis is exactly what we
2 need and it's exactly why the Governor and the
3 Majority Leader should be praised and that we
4 should be proud of this measure.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 4.
8 This act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call
10 the roll.
11 (The Secretary called the
12 roll.)
13 THE SECRETARY: Ayes 57.
14 ACTING PRESIDENT KUHL: The
15 bill is passed.
16 Senator Leichter, you want to
17 be recorded in the negative on the bill?
18 SENATOR LEICHTER: Record me
19 in the negative. Thank you.
20 ACTING PRESIDENT KUHL: Any
21 other Senator wishing to be recorded in the
22 negative?
23 (There was no response.)
24 ACTING PRESIDENT KUHL:
25 Announce the results.
7604
1 THE SECRETARY: Ayes 56, nays
2 1, Senator Leichter recorded in the negative.
3 ACTING PRESIDENT KUHL: The
4 bill is passed.
5 Senator Saland, why do you
6 rise?
7 SENATOR SALAND: Mr.
8 President, I would request unanimous consent to
9 recorded in the affirmative on Calendar 1642.
10 ACTING PRESIDENT KUHL:
11 Without objection. Hearing no objection,
12 Senator Saland will be recorded in the
13 affirmative on Calendar Number 1642.
14 SENATOR GOLD: Mr. President.
15 ACTING PRESIDENT KUHL:
16 Senator Gold, why do you rise?
17 SENATOR GOLD: Yes. I'd like
18 unanimous consent to be recorded in the negative
19 on Calendar Number 1631.
20 ACTING PRESIDENT KUHL:
21 Without objection, hearing no objection, Senator
22 Gold will be recorded in the negative on
23 Calendar Number 1631.
24 (Long pause)
25 ACTING PRESIDENT KUHL: Senator
7605
1 Bruno.
2 SENATOR BRUNO: Mr. President, I
3 would ask that people just stay relaxed, but
4 there being no further business to come before
5 the Senate at this hour, I would move that we
6 stand adjourned until Monday.
7 ACTING PRESIDENT KUHL: Without
8 objection, hearing no objection, the Senate
9 stands adjourned.
10 (Whereupon at 12:27 a.m., the
11 Senate adjourned.)
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