Regular Session - June 17, 1998
4941
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9 ALBANY, NEW YORK
10 June 17, 1998
11 10:08 A.M.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR RAYMOND A. MEIER, Acting President
19 STEVEN M. BOGGESS, Secretary
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4942
1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order. I'd ask everyone
4 present to please rise and repeat with me the
5 Pledge of Allegiance.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 In the absence of clergy, I ask
9 everyone to bow their heads in a moment of
10 silence.
11 (A moment of silence was
12 observed. )
13 Reading of the Journal.
14 THE SECRETARY: In Senate,
15 Tuesday, June 16th. The Senate met pursuant to
16 adjournment, Senator Meier in the Chair upon
17 designation of the Temporary President. The
18 Journal of Monday, June 15th, was read and
19 approved. On motion, the Senate adjourned.
20 ACTING PRESIDENT MEIER:
21 Without objection, the Journal stands approved
22 as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
4943
1 Reports of standing
2 committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator -- the Secretary will
8 read substitutions.
9 Hold that. Senator Gold.
10 SENATOR GOLD: Yes. Mr.
11 President, I move to amend Senate bill 7452-B
12 by striking out the amendment that was made on
13 June 15th and restoring its previous print,
14 7452-A.
15 ACTING PRESIDENT MEIER: So
16 ordered.
17 Secretary will read
18 substitutions.
19 THE SECRETARY: On page 7,
20 Senator Kuhl moves to discharge from the
21 Committee on Rules Assembly Bill Number 1638-B
22 and substitute it for the identical Third
23 Reading Calendar 213.
24 On page 9, Senator Leibell
25 moves to discharge from the Committee on Rules
4944
1 Assembly Bill Number 1534-A and substitute it
2 for the identical Third Reading Calendar 313.
3 On page 10, Senator Alesi moves
4 to discharge from the Committee on Rules
5 Assembly Bill Number 8148-B, and substitute it
6 for the identical Third Reading Calendar 347.
7 On page 16, Senator DeFrancisco
8 moves to discharge from the Committee on Rules
9 Assembly Bill Number 5808, and substitute it
10 for the identical Third Reading Calendar 613.
11 On page 41, Senator Farley
12 moves to discharge from the Committee on Rules
13 Assembly Bill Number 7750 and substitute it
14 for the identical Third Reading Calendar
15 1384.
16 On page 41, Senator Trunzo
17 moves to discharge from the Committee on Civil
18 Service and Pensions Assembly Bill Number
19 5534-A, and substitute it for the identical
20 Third Reading Calendar 1385.
21 On page 41, Senator Saland
22 moves to discharge from the Committee on
23 Judiciary Assembly Bill Number 105-B and
24 substitute it for the identical Third Reading
25 Calendar 1386.
4945
1 On page 41, Senator Stafford
2 moves to discharge from the Committee on Rules
3 Assembly Bill Number 6946-A, and substitute it
4 for the identical Third Reading Calendar 1389.
5 On page 42, Senator Nozzolio
6 moves to discharge from the Committee on Crime
7 Victims, Crime and Corrections Assembly Bill
8 Number 10388 and substitute it for the
9 identical Third Reading Calendar 1395.
10 On page 42, Senator Skelos
11 moves to discharge from the Committee on Rules
12 Assembly Bill Number 10680, and substitute it
13 for the identical Third Reading Calendar 1400.
14 On page 43, Senator Velella
15 moves to discharge from the Committee on Rules
16 Assembly Bill Number 10716-A and substitute it
17 for the identical Third Reading Calendar
18 1401.
19 On page 43, Senator Holland
20 moves to discharge from the Committee on Rules
21 Assembly Bill Number 10858-A, and substitute
22 it for the identical Third Reading Calendar
23 1402.
24 On page 43, Senator Velella
25 moves to discharge from the Committee on Rules
4946
1 Assembly Bill Number 10282 and substitute it
2 for the identical Third Reading Calendar
3 1403.
4 On page 44, Senator Farley
5 moves to discharge from the Committee on Rules
6 Assembly Bill Number 10859 and substitute it
7 for the identical Third Reading Calendar
8 1416.
9 On page 44, Senator DeFrancisco
10 moves to discharge from the Committee on Rules
11 Assembly Bill Number 9840-A and substitute it
12 for the identical Third Reading Calendar
13 1419.
14 On page 45, Senator Bruno moves
15 to discharge from the Committee on Rules
16 Assembly Bill Number 11043 and substitute it
17 for the identical Third Reading Calendar
18 1422.
19 On page 45, Senator Fuschillo
20 moves to discharge from the Committee on Rules
21 Assembly Bill Number 10912 and substitute it
22 for the identical Third Reading Calendar
23 1423.
24 And on page 47, Senator Bruno
25 moves to discharge from the Committee on Rules
4947
1 Assembly Bill Number 11151-A, and substitute
2 it for the identical Third Reading Calendar
3 1434.
4 ACTING PRESIDENT MEIER:
5 Substitutions ordered.
6 Senator Skelos.
7 SENATOR SKELOS: There is a
8 resolution at the desk sponsored by Senator
9 Paterson, moved for adoption, on page 16. May
10 we please have the title read.
11 ACTING PRESIDENT MEIER:
12 Secretary will read the title.
13 THE SECRETARY: Legislative
14 Resolution, by Senator Paterson, 4087 mourning
15 the death of Dr. Jose Francisco Pena Gomez,
16 one of the most outstanding politicians in the
17 history of the Dominican Republic.
18 ACTING PRESIDENT MEIER:
19 Senator Paterson.
20 SENATOR PATERSON: Mr.
21 President, I'm proud to sponsor this
22 resolution. My understanding is I do represent
23 some constituents who come to us from the
24 Dominican Republic, and he is one of the most
25 outstanding leaders of the Dominican Republic
4948
1 who passed away, and I wanted to be sure that
2 we acknowledged his life and accomplishments.
3 ACTING PRESIDENT MEIER:
4 Without objection, we'll lay that aside.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 could we please take up the non-controversial
8 calendar.
9 ACTING PRESIDENT MEIER:
10 Secretary will read the non-controversial
11 calendar.
12 THE SECRETARY: Calendar Number
13 149, by Senator Velella, Senate Print 5421-A,
14 an act to amend the Criminal Procedure Law, in
15 relation to the commission.
16 ACTING PRESIDENT MEIER: Read
17 the last section.
18 THE SECRETARY: Section 2.
19 This act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call
21 the roll.
22 (The Secretary called the
23 roll. )
24 THE SECRETARY: Ayes 37.
25 ACTING PRESIDENT MEIER: The
4949
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 331, by Senator Velella, Senate Print 934, an
4 act to amend the Public Health Law, in
5 relation to requiring.
6 SENATOR PATERSON: Lay aside.
7 ACTING PRESIDENT MEIER: Lay
8 the bill aside.
9 THE SECRETARY: Calendar Number
10 395, by Senator Leibell, Senate Print 4141-A,
11 an act to amend the General Business Law and
12 the Real Property Tax Law, in relation to
13 cooperatives and condominiums.
14 ACTING PRESIDENT MEIER: Read
15 the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call
19 the roll.
20 (The Secretary called the
21 roll.)
22 THE SECRETARY: Ayes 37.
23 ACTING PRESIDENT MEIER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
4950
1 420, by Senator Nozzolio, Senate Print 342, an
2 act to amend the Alcoholic Beverage Control
3 Law, in relation to the issuance.
4 ACTING PRESIDENT MEIER: Read
5 the last section.
6 THE SECRETARY: Section 2.
7 This act shall take effect on the first day of
8 September.
9 ACTING PRESIDENT MEIER: Call
10 the roll.
11 (The Secretary called the
12 roll.)
13 THE SECRETARY: Ayes 37.
14 ACTING PRESIDENT MEIER: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 446, by member of the Assembly Magee, Assembly
18 Print 1664-C, an act to amend the General City
19 Law and others, in relation to the
20 appointment.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 THE SECRETARY: Section 8.
24 This act shall take effect July 1.
25 ACTING PRESIDENT MEIER: Call
4951
1 the roll.
2 (The Secretary called the
3 roll. )
4 THE SECRETARY: Ayes 37.
5 ACTING PRESIDENT MEIER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 502, by Senator Farley, Senate Print 4246-A,
9 an act to amend the Banking Law, in relation
10 to increasing.
11 ACTING PRESIDENT MEIER: Read
12 the last section.
13 THE SECRETARY: Section 5.
14 This act shall take effect on the 30th day.
15 ACTING PRESIDENT MEIER: Call
16 the roll.
17 (The Secretary called the
18 roll. )
19 THE SECRETARY: Ayes 37.
20 ACTING PRESIDENT MEIER: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 519, by Senator Velella, Senate Print 4092, an
24 act to amend the Insurance Law, in relation to
25 requiring.
4952
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 THE SECRETARY: Section 3.
4 This act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll. )
9 THE SECRETARY: Ayes 37.
10 ACTING PRESIDENT MEIER: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 624, by the Assembly Committee on Rules,
14 Assembly Print 7923, an act to amend the Real
15 Property Tax Law, in relation to providing.
16 ACTING PRESIDENT MEIER: Read
17 the last section.
18 THE SECRETARY: Section 2.
19 This act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call
21 the roll.
22 (The Secretary called the
23 roll. )
24 THE SECRETARY: Ayes 37.
25 ACTING PRESIDENT MEIER: The
4953
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 697, by Senator LaValle, Senate Print 6690, an
4 act to amend the Education Law, in relation to
5 the membership.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 2.
9 This act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call
11 the roll.
12 (The Secretary called the
13 roll. )
14 THE SECRETARY: Ayes 37.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 701, by member of the Assembly Klein, Assembly
19 Print 9763, an act to amend the Estates,
20 Powers and Trusts Law, in relation to the
21 disposition.
22 ACTING PRESIDENT MEIER: Read
23 the last section.
24 THE SECRETARY: Section 2.
25 This act shall take effect immediately.
4954
1 ACTING PRESIDENT MEIER: Call
2 the roll.
3 (The Secretary called the
4 roll. )
5 THE SECRETARY: Ayes 37.
6 ACTING PRESIDENT MEIER: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 710, by Senator Leibell, Senate Print 6432-A,
10 an act to amend the Private Housing Finance
11 Law, in relation to the powers.
12 ACTING PRESIDENT MEIER: Read
13 the last section.
14 THE SECRETARY: Section 2.
15 This act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call
17 the roll.
18 (The Secretary called the
19 roll. )
20 THE SECRETARY: Ayes 37.
21 ACTING PRESIDENT MEIER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 730, by Senator Trunzo.
25 SENATOR SKELOS: Lay it aside
4955
1 for the day.
2 ACTING PRESIDENT MEIER: Lay
3 the bill aside for the day.
4 THE SECRETARY: Calendar Number
5 744, by Senator Padavan, Senate Print 6727-A,
6 an act to amend the Real Property Tax Law, in
7 relation to the tax exemption.
8 ACTING PRESIDENT MEIER: Read
9 the last section.
10 THE SECRETARY: Section 3.
11 This act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call
13 the roll.
14 (The Secretary called the
15 roll. )
16 THE SECRETARY: Ayes 37.
17 ACTING PRESIDENT MEIER: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 752, by member of the Assembly John, Assembly
21 Print 9994, an act to amend the Judiciary Law,
22 in relation to the qualifications.
23 ACTING PRESIDENT MEIER: Read
24 the last section.
25 THE SECRETARY: Section 2.
4956
1 This act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll. )
6 THE SECRETARY: Ayes 37.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 783, by Senator Hannon, Senate Print 7378, an
11 act to amend the Public Health Law, and the
12 Education Law, in relation to prohibiting.
13 ACTING PRESIDENT MEIER: Read
14 the last section.
15 THE SECRETARY: Section 9.
16 This act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call
18 the roll.
19 (The Secretary called the
20 roll. )
21 THE SECRETARY: Ayes 37.
22 ACTING PRESIDENT MEIER: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 856, by Senator Marcellino, Senate Print 6293,
4957
1 an act to amend the Environmental Conservation
2 Law, in relation to prohibiting.
3 ACTING PRESIDENT MEIER: Read
4 the last section.
5 THE SECRETARY: Section 2.
6 This act shall take effect on the first day of
7 July.
8 ACTING PRESIDENT MEIER: Call
9 the roll.
10 (The Secretary called the
11 roll. )
12 THE SECRETARY: Ayes 37.
13 ACTING PRESIDENT MEIER: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 857, by Senator Marcellino, Senate Print 6294,
17 an act to amend the Environmental Conservation
18 Law, in relation to specifying.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 THE SECRETARY: Section 2.
22 This act shall take effect on the first day of
23 January.
24 ACTING PRESIDENT MEIER: Call
25 the roll.
4958
1 (The Secretary called the
2 roll. )
3 THE SECRETARY: Ayes 37.
4 ACTING PRESIDENT MEIER: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 858, by Senator Marcellino, Senate Print 6295,
8 an act to amend the Environmental Conservation
9 Law, in relation to providing.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 2.
13 This act shall take effect on the first day of
14 January.
15 ACTING PRESIDENT MEIER: Call
16 the roll.
17 (The Secretary called the
18 roll. )
19 THE SECRETARY: Ayes 40.
20 ACTING PRESIDENT MEIER: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 859, by Senator Marcellino, Senate Print 6296.
24 SENATOR PATERSON: Lay aside.
25 ACTING PRESIDENT MEIER: Lay
4959
1 the bill aside.
2 THE SECRETARY: Calendar Number
3 871, by member of the Assembly Lafayette,
4 Assembly Print 10419-A, an act to amend the
5 Banking Law, in relation to participation.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect on the first day of
10 January.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll.)
15 THE SECRETARY: Ayes 40.
16 ACTING PRESIDENT MEIER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 956, by Senator Cook, Senate Print 5020-B, an
20 act to amend the Education Law, in relation to
21 registration.
22 ACTING PRESIDENT MEIER: Read
23 the last section.
24 THE SECRETARY: Section 5.
25 This act shall take effect on the first day of
4960
1 January.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll. )
6 THE SECRETARY: Ayes 40.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 971, by Senator Goodman, Senate Print 1343, an
11 act to amend the Penal Law, in relation to
12 reporting of certain incidents.
13 ACTING PRESIDENT MEIER: Read
14 the last section.
15 THE SECRETARY: Section 2.
16 This act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call
18 the roll.
19 (The Secretary called the
20 roll. )
21 THE SECRETARY: Ayes 40.
22 ACTING PRESIDENT MEIER: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 998, by Senator Saland, Senate Print 3442-A,
4961
1 an act to amend the Domestic Relations Law and
2 the Family Court Act.
3 ACTING PRESIDENT MEIER: Read
4 the last section.
5 THE SECRETARY: Section 4.
6 This act shall take effect on the first day of
7 November.
8 ACTING PRESIDENT MEIER: Call
9 the roll.
10 (The Secretary called the
11 roll. )
12 THE SECRETARY: Ayes 40.
13 ACTING PRESIDENT MEIER: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1008, by Senator Trunzo, Senate Print 655-A,
17 an act in relation to creating the Brentwood
18 Legion Volunteer Ambulance District.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 SENATOR PATERSON: Lay aside.
22 ACTING PRESIDENT MEIER: Lay
23 the bill aside.
24 THE SECRETARY: Calendar Number
25 1063, by Senator Alesi, Senate Print 7219, an
4962
1 act to amend the General Business Law, in
2 relation to altering.
3 ACTING PRESIDENT MEIER: Read
4 the last section.
5 THE SECRETARY: Section 2.
6 This act shall take effect on the first day of
7 November.
8 ACTING PRESIODENT MEIER: Call
9 the roll.
10 (The Secretary called the
11 roll.)
12 THE SECRETARY: Ayes 40.
13 ACTING PRESIDENT MEIER: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1154, by Senator Maziarz, Senate Print 931-A,
17 an act to amend the Education Law, in relation
18 to prohibiting.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 THE SECRETARY: Section 3.
22 This act shall take effect on the first day of
23 July.
24 ACTING PRESIDENT MEIER: Call
25 the roll.
4963
1 SENATOR LEICHTER: Lay aside.
2 ACTING PRESIDENT MEIER: Lay
3 aside.
4 THE SECRETARY: 1164, by the
5 Assembly Committee on Rules, Assembly Print
6 10766-B, an act to amend the Education Law, in
7 relation to the sale and distribution.
8 ACTING PRESIDENT MEIER: Read
9 the last section.
10 THE SECRETARY: Section 2.
11 This act shall take effect in 180 days.
12 ACTING PRESIDENT MEIER: Call
13 the roll.
14 (The Secretary called the
15 roll.)
16 THE SECRETARY: Ayes 40.
17 ACTING PRESIDENT MEIER: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1173, by Senator Leibell, Senate Print 6448,
21 an act to amend the Private Housing Finance
22 Law, in relation to the powers.
23 ACTING PRESIDENT MEIER: Read
24 the last section.
25 THE SECRETARY: Section 3.
4964
1 This act shall take effect -
2 SENATOR LEICHTER: Lay that
3 aside.
4 ACTING PRESIDENT MEIER: Lay
5 that aside.
6 THE SECRETARY: Calendar Number
7 1221, by Senator Johnson, Senate Print 7400-A,
8 an act to amend the Vehicle and Traffic Law,
9 in relation to vehicle registrations.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 2.
13 This act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll.)
18 THE SECRETARY: Ayes 40.
19 ACTING PRESIDENT MEIER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1259, by Senator Alesi, Senate Print 7380-A,
23 an act to amend the Highway Law, in relation
24 to designating.
25 ACTING PRESIDENT MEIER: Read
4965
1 the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 SENATOR PATERSON: Lay it
5 aside.
6 ACTING PRESIDENT MEIER: Lay
7 the bill aside.
8 THE SECRETARY: Calendar Number
9 1374, by Senator Saland, Senate Print 7388-B,
10 an act to amend the Tax Law and the General
11 Municipal Law, in relation to tax credits.
12 SENATOR LEICHTER: Lay it
13 aside.
14 ACTING PRESIDENT MEIER: Lay
15 the bill aside.
16 THE SECRETARY: Calendar Number
17 1381, by Senator Skelos, Senate Print 317-C,
18 an act to amend the Insurance Law, in relation
19 to policy coverage.
20 ACTING PRESIDENT MEIER: Read
21 the last section.
22 THE SECRETARY: Section 3.
23 This act shall take effect -
24 SENATOR LEICHTER: Lay aside.
25 ACTING PRESIDENT MEIER: Lay
4966
1 the bill aside.
2 THE SECRETARY: 1383, by
3 Senator Maltese, Senate Print 3688-B, an act
4 to amend the Administrative Code of the city
5 of New York, in relation to the title.
6 ACTING PRESIDENT MEIER:
7 There's a home rule message at the desk. Read
8 the last section.
9 SENATOR LEICHTER: Lay it
10 aside.
11 ACTING PRESIDENT MEIER: Lay
12 the bill aside.
13 THE SECRETARY: Calendar Number
14 1384, substituted earlier today, by the
15 Assembly Committee on Rules, Assembly Print
16 7750, an act to amend Section 23 of Chapter
17 171 of the Laws of 1996.
18 ACTING PRESIDENT MEIER: Read
19 the last section.
20 THE SECRETARY: Section 2.
21 This act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call
23 the roll.
24 (The Secretary called the
25 roll.)
4967
1 THE SECRETARY: Ayes 40.
2 ACTING PRESIDENT MEIER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1385, substituted earlier today, by member of
6 the Assembly Vitaliano, Assembly Print 5534-A,
7 an act to amend the Education Law, and the
8 Administrative Code of the city of New York,
9 in relation to -
10 SENATOR DOLLINGER: Lay aside.
11 ACTING PRESIDENT MEIER: Lay
12 the bill aside.
13 THE SECRETARY: Calendar Number
14 1386, substituted earlier today, by member of
15 the Assembly Hoyt, Assembly Print 105-B, an
16 act to amend the Family Court Act and the
17 Domestic Relations Law, in relation to
18 requirements.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 THE SECRETARY: Section 2.
22 This act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call
24 the roll.
25 (The Secretary called the
4968
1 roll.)
2 THE SECRETARY: Ayes 40.
3 ACTING PRESIDENT MEIER: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1387, by Senator Rath, Senate Print 5386, an
7 act to amend the Penal Law, in relation to
8 grand larceny.
9 ACTING PRESIDENT MEIER: Read
10 the last section.
11 THE SECRETARY: Section 2.
12 This act shall take effect on the first day of
13 November.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll.)
18 THE SECRETARY: Ayes 46.
19 ACTING PRESIDENT MEIER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1388, by Senator Maziarz, Senate Print 5435-B,
23 an act to amend the Family Court Act, in
24 relation to violations.
25 ACTING PRESIDENT MEIER: Read
4969
1 the last section.
2 THE SECRETARY: Section 4.
3 This act shall take effect in 90 days.
4 ACTING PRESIDENT MEIER: Call
5 the roll.
6 (The Secretary called the
7 roll.)
8 THE SECRETARY: Ayes 46.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1389, substituted earlier today.
13 SENATOR PATERSON: Lay aside.
14 ACTING PRESIDENT MEIER: Lay
15 the bill aside.
16 THE SECRETARY: Calendar Number
17 1390, by -
18 SENATOR PATERSON: Lay aside.
19 ACTING PRESIDENT MEIER: Lay
20 the bill aside.
21 THE SECRETARY: Calendar Number
22 1391, by Senator Skelos.
23 SENATOR PATERSON: Lay aside.
24 ACTING PRESIDENT MEIER: Lay
25 the bill aside.
4970
1 THE SECRETARY: Calendar Number
2 1392, by Senator Skelos, Senate Print -
3 SENATOR PATERSON: Lay aside.
4 ACTING PRESIDENT MEIER: Lay it
5 aside.
6 THE SECRETARY: 1393, by
7 Senator Rath, an act to amend -
8 SENATOR DOLLINGER: Lay aside.
9 ACTING PRESIDENT MEIER: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 1394, by Senator DeFrancisco, Senate Print
13 6549-B, an act to amend the Parks, Recreation
14 and Historic Preservation Law.
15 ACTING PRESIDENT MEIER: Read
16 the last section.
17 THE SECRETARY: Section 2.
18 This act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call
20 the roll.
21 (The Secretary called the
22 roll.)
23 THE SECRETARY: Ayes 46.
24 ACTING PRESIDENT MEIER: The
25 bill is passed.
4971
1 THE SECRETARY: Calendar Number
2 1395, substituted earlier today, by member of
3 the Assembly Koon, Assembly Print 10388, an
4 act to amend the Executive Law, in relation to
5 eligibility.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 2.
9 This act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 46.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1396, by Senator Skelos, Senate Print 6617-A,
19 an act to amend the Public Service Law, in
20 relation to authorization.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 THE SECRETARY: Section 2.
24 This act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call
4972
1 the roll.
2 (The Secretary called the
3 roll.)
4 THE SECRETARY: Ayes 46.
5 ACTING PRESIDENT MEIER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1397, by Senator Lack, Senate Print 6680-A, an
9 act to amend the Insurance Law, in relation to
10 a guarantee.
11 ACTING PRESIDENT MEIER: Read
12 the last section.
13 THE SECRETARY: Section 2.
14 This act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call
16 the roll.
17 (The Secretary called the
18 roll.)
19 THE SECRETARY: Ayes 46.
20 ACTING PRESIDENT MEIER: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1398, by Senator Hoffmann, Senate Print 6699,
24 an act to authorize James J. Parmley to be
25 granted.
4973
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 THE SECRETARY: Section 3.
4 This act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll. )
9 THE SECRETARY: Ayes 45, nays
10 one, Senator Leichter recorded in the
11 negative.
12 ACTING PRESIDENT MEIER: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1399, by Senator Johnson, Senate Print 6737,
16 an act to amend the Vehicle and Traffic Law,
17 in relation to the suspension.
18 ACTING PRESIDENT MEIER: Read
19 the last section.
20 THE SECRETARY: Section 2.
21 This act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call
23 the roll.
24 (The Secretary called the
25 roll.)
4974
1 THE SECRETARY: Ayes 46.
2 ACTING PRESIDENT MEIER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1400, substituted earlier today, by the
6 Assembly Committee on Rules, Assembly Print
7 10680, an act to amend Chapter 676 of the Laws
8 of 1978.
9 ACTING PRESIDENT MEIER: Read
10 the last section.
11 THE SECRETARY: Section 2.
12 This act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call
14 the roll.
15 (The Secretary called the
16 roll.)
17 THE SECRETARY: Ayes 46.
18 ACTING PRESIDENT MEIER: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1401, substituted earlier today, by the
22 Assembly Committee on Rules, Assembly Print
23 10716-A, an act to amend the Insurance Law, in
24 relation to employer-sponsored group personal
25 excess insurance.
4975
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 THE SECRETARY: Section 2.
4 This act shall take effect on the 90th day.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll.)
9 THE SECRETARY: Ayes 46.
10 ACTING PRESIDENT MEIER: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1402, substituted earlier today, by the
14 Assembly Committee on Rules, Assembly Print
15 10858-A, an act to amend the Social Services
16 Law, in relation to increasing the standards.
17 ACTING PRESIDENT MEIER: Read
18 the last section.
19 THE SECRETARY: Section 4.
20 This act shall take effect December 31st.
21 ACTING PRESIDENT MEIER: Call
22 the roll.
23 (The Secretary called the
24 roll. )
25 SENATOR MONTGOMERY: Lay it
4976
1 aside, please.
2 ACTING PRESIDENT MEIER: Lay
3 the bill aside.
4 THE SECRETARY: Calendar Number
5 1403, substituted earlier today, by member of
6 the Assembly Lafayette, Assembly Print 10282,
7 an act to amend the General Business Law, in
8 relation to making technical corrections.
9 ACTING PRESIDENT MEIER: Lay
10 the bill aside.
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 1405, by Senator Leibell, Senate Print 7189,
14 an act to amend the New York City Charter, in
15 relation to permitting.
16 SENATOR LEICHTER: Lay it
17 aside.
18 SENATOR PATERSON: Lay that
19 aside.
20 ACTING PRESIDENT MEIER: Lay
21 the bill aside.
22 THE SECRETARY: Calendar Number
23 1406, by Senator Seward, Senate Print 7270, an
24 act to amend the Tax Law, in relation to
25 exemptions.
4977
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 THE SECRETARY: Section 3.
4 This act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll.)
9 THE SECRETARY: Ayes 46.
10 ACTING PRESIDENT MEIER: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1407, by Senator Padavan, Senate Print -
14 SENATOR PATERSON: Lay it
15 aside.
16 ACTING PRESIDENT MEIER: Lay
17 the bill aside.
18 THE SECRETARY: Calendar Number
19 1408, by Senator Skelos, Senate Print 7465, an
20 act to amend the Business Corporation Law, in
21 relation to notice.
22 ACTING PRESIDENT MEIER: Read
23 the last section.
24 THE SECRETARY: Section 3.
25 This act shall take effect immediately.
4978
1 ACTING PRESIDENT MEIER: Call
2 the roll.
3 (The Secretary called the
4 roll.)
5 THE SECRETARY: Ayes 46.
6 ACTING PRESIDENT MEIER: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1409, by Senator Trunzo, Senate Print 7474, an
10 act to amend the Local Finance Law.
11 SENATOR LEICHTER: Lay it
12 aside.
13 ACTING PRESIDENT MEIER: Lay
14 the bill aside.
15 THE SECRETARY: Calendar Number
16 1410, by Senator Smith, Senate Print 7534, an
17 act to amend the Executive Law, in relation to
18 authorizing.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 THE SECRETARY: Section 2.
22 This act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call
24 the roll.
25 (The Secretary called the
4979
1 roll. )
2 THE SECRETARY: Ayes 46.
3 ACTING PRESIDENT MEIER: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1411, by the Senate Committee on Rules, Senate
7 Print 7548-A, an act to amend the
8 Administrative Code -
9 SENATOR LEICHTER: Lay it
10 aside.
11 ACTING PRESIDENT MEIER: Lay
12 aside.
13 THE SECRETARY: Calendar Number
14 1412, by Senator Holland, Senate Print 7571,
15 an act to amend the Education Law, in relation
16 to extending.
17 ACTING PRESIDENT MEIER: Read
18 the last section.
19 SENATOR DOLLINGER: Lay aside.
20 ACTING PRESIDENT MEIER: Lay
21 the bill aside.
22 THE SECRETARY: Calendar Number
23 1414, by Senator Balboni, Senate Print 7614,
24 an act to permit the sale or lease of Pond
25 View Homes.
4980
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 SENATOR VELELLA: Lay aside
4 temporarily.
5 ACTING PRESIDENT MEIER: Lay
6 aside temporarily.
7 THE SECRETARY: 1415, by
8 Senator Alesi, Senate Print 7633, an act to
9 amend the Local Finance Law, in relation to
10 establishing.
11 SENATOR DOLLINGER: Lay aside.
12 ACTING PRESIDENT MEIER: Lay
13 the bill aside.
14 THE SECRETARY: Calendar Number
15 1416, substituted earlier today, by the
16 Assembly Committee on Rules, Assembly Print
17 10859, an act to amend the Banking Law, in
18 relation to extending.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 THE SECRETARY: Section 2.
22 This act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call
24 the roll.
25 (The Secretary called the
4981
1 roll.)
2 THE SECRETARY: Ayes 46.
3 ACTING PRESIDENT MEIER: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1417, by Senator Farley, Senate Print 7637, an
7 act to amend the Banking Law, in relation to
8 providing.
9 ACTING PRESIDENT MEIER: Read
10 the last section.
11 THE SECRETARY: Section 2.
12 This act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call
14 the roll.
15 (The Secretary called the
16 roll.)
17 THE SECRETARY: Ayes 46.
18 ACTING PRESIDENT MEIER: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1418, by Senator LaValle, Senate Print 7642,
22 an act to amend Chapter 845 of the Laws of
23 1992.
24 ACTING PRESIDENT MEIER: Read
25 the last section.
4982
1 THE SECRETARY: Section 2.
2 This act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call
4 the roll.
5 (The Secretary called the
6 roll.)
7 THE SECRETARY: Ayes 48.
8 ACTING PRESIDENT MEIER: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1419, substituted earlier today, by member of
12 the Assembly Bragman, Assembly Print 9840-A,
13 an act to authorize the state and local
14 employees' retirement systems.
15 ACTING PRESIDENT MEIER: Read
16 the last section.
17 THE SECRETARY: Section 2.
18 This act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call
20 the roll.
21 (The Secretary called the
22 roll. )
23 THE SECRETARY: Ayes 46, nays
24 2, Senators Dollinger and Leichter recorded in
25 the negative.
4983
1 ACTING PRESIDENT MEIER: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1421, by Senator Velella, Senate Print 7653.
5 SENATOR PATERSON: Lay that
6 aside.
7 ACTING PRESIDENT MEIER: Lay
8 the bill aside.
9 THE SECRETARY: Calendar Number
10 1422, substituted earlier today, by the
11 Assembly Committee on Rules, Assembly Print
12 11043, an act to amend the Insurance Law, in
13 relation to extending.
14 ACTING PRESIDENT MEIER: Read
15 the last section.
16 THE SECRETARY: Section 3.
17 This act shall take effect July 1.
18 ACTING PRESIDENT MEIER: Call
19 the roll.
20 (The Secretary called the
21 roll. )
22 THE SECRETARY: Ayes 48.
23 ACTING PRESIDENT MEIER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
4984
1 1423, by the -- substituted earlier today, by
2 the Assembly Committee on Rules, Assembly
3 Print 10912, an act to amend the Highway Law,
4 in relation to regulations.
5 ACTING PRESIDENT MEIER: Read
6 the last section.
7 THE SECRETARY: Section 2.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call
10 the roll.
11 (The Secretary called the
12 roll. )
13 THE SECRETARY: Ayes 50.
14 ACTING PRESIDENT MEIER: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1425, by Senator Alesi, Senate Print 7672, an
18 act to amend the Personal Property Law, in
19 relation to the Motor Vehicle Retail Leasing
20 Act.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 SENATOR PATERSON: Lay aside.
24 ACTING PRESIDENT MEIER: Lay
25 the bill aside.
4985
1 THE SECRETARY: Calendar Number
2 1426, by Senator Skelos, Senate Print 7678, an
3 act to authorize the South Hempstead Fire
4 District.
5 ACTING PRESIDENT MEIER: Read
6 the last section.
7 THE SECRETARY: Section 3.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call
10 the roll.
11 (The Secretary called the
12 roll. )
13 THE SECRETARY: Ayes 50.
14 ACTING PRESIDENT MEIER: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1427, by Senator Goodman, Senate Print 7687.
18 SENATOR LEICHTER: Lay the bill
19 aside.
20 ACTING PRESIDENT MEIER: Lay
21 the bill aside.
22 THE SECRETARY: Calendar Number
23 1428, by Senator Stafford, Senate Print 7690,
24 an act to amend the Real Property Tax Law, in
25 relation to state reimbursement.
4986
1 ACTING PRESIDENT MEIER:
2 There's a local fiscal impact note at the
3 desk. Read the last section.
4 THE SECRETARY: Section 2.
5 This act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call
7 the roll.
8 (The Secretary called the
9 roll.)
10 THE SECRETARY: Ayes 50.
11 ACTING PRESIDENT MEIER: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1429, by Senator Rath, Senate Print 7694, an
15 act to amend the County Law and others, in
16 relation to the dollar amounts.
17 ACTING PRESIDENT MEIER: Read
18 the last section.
19 THE SECRETARY: Section 26.
20 This act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call
22 the roll.
23 (The Secretary called the
24 roll.)
25 THE SECRETARY: Ayes 50.
4987
1 ACTING PRESIDENT MEIER: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1430, by Senator Rath, Senate Print 7696, an
5 act to amend the County Law, in relation to
6 the filing.
7 ACTING PRESIDENT MEIER:
8 There's a local fiscal impact note at the
9 desk. Read the last section.
10 THE SECRETARY: Section 15.
11 This act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call
13 the roll.
14 (The Secretary called the
15 roll.)
16 THE SECRETARY: Ayes 50.
17 ACTING PRESIDENT MEIER: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1432, by Senator Libous, Senate Print -
21 SENATOR PATERSON: Lay aside.
22 ACTING PRESIDENT MEIER: Lay
23 the bill aside.
24 THE SECRETARY: 1433, by
25 Senator Farley, Senate Print 7719, an act to
4988
1 amend the Banking Law, in relation to the
2 annual meeting.
3 ACTING PRESIDENT MEIER: Read
4 the last section.
5 THE SECRETARY: Section 2.
6 This act shall take effect May 1, 1999.
7 ACTING PRESIDENT MEIER: Call
8 the roll.
9 (The Secretary called the
10 roll.)
11 THE SECRETARY: Ayes 50.
12 ACTING PRESIDENT MEIER: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1434, substituted earlier today, by the
16 Assembly Committee on Rules, Assembly Print
17 11151-A.
18 SENATOR DOLLINGER: Lay aside.
19 ACTING PRESIDENT MEIER: Lay
20 the bill aside.
21 Senator Skelos, that completes
22 the reading of the non-controversial
23 calendar.
24 SENATOR SKELOS: Mr. President,
25 there will be an immediate meeting of the
4989
1 Committee on Finance in the Majority -- in the
2 Majority Conference Room.
3 ACTING PRESIDENT MEIER:
4 Immediate meeting of the Committee on Finance
5 in the Majority Conference Room.
6 Senator Padavan.
7 SENATOR PADAVAN: Yes, Mr.
8 President.
9 May I be recorded in the
10 negative on Calendar Number 420.
11 ACTING PRESIDENT MEIER:
12 Without objection, Senator Padavan will be
13 recorded in the negative on Calendar Number
14 420.
15 Senator Volker.
16 SENATOR VOLKER: Mr. President,
17 on page 8, Calendar Number 285, Senate Print
18 751, want this bill recommitted and strike the
19 enacting clause.
20 ACTING PRESIDENT MEIER: So
21 ordered.
22 Senator LaValle.
23 SENATOR LAVALLE: Mr.
24 President, might I have unanimous consent to
25 be recorded in the negative on Calendar Number
4990
1 420.
2 ACTING PRESIDENT MEIER:
3 Without objection, Senator LaValle will be
4 recorded in the negative on Calendar Number
5 420.
6 Senator Dollinger.
7 SENATOR DOLLINGER: Mr.
8 President, may I have unanimous consent to
9 also be recorded in the negative on Calendar
10 Number 420.
11 ACTING PRESIDENT MEIER:
12 Without objection, Senator Dollinger will be
13 recorded in the negative on Calendar Number
14 420.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 would you start the controversial calendar.
18 ACTING PRESIDENT MEIER:
19 Secretary will read the controversial
20 calendar.
21 THE SECRETARY: Calendar Number
22 331, by Senator Velella, Senate Print 934.
23 SENATOR SKELOS: Lay it aside
24 for the day.
25 ACTING PRESIDENT MEIER: Lay
4991
1 the bill aside for the day.
2 THE SECRETARY: Calendar Number
3 859, by Senator Marcellino, Senate Print 6296,
4 an act to amend the Environmental Conservation
5 Law, in relation to allowing.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 2.
9 This act shall take effect on the first day of
10 January.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll. )
15 THE SECRETARY: Ayes 50.
16 ACTING PRESIDENT MEIER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1008, by Senator Trunzo, Senate Print 655-A,
20 an act in relation to creating the Brentwood
21 Legion Volunteer Ambulance District.
22 ACTING PRESIDENT MEIER: Read
23 the last section.
24 SENATOR PATERSON: Wait.
25 Explanation.
4992
1 ACTING PRESIDENT MEIER:
2 Senator Trunzo, an explanation has been
3 requested of Calendar 1008 by Senator
4 Paterson.
5 SENATOR TRUNZO: Mr. President,
6 this particular piece of legislation permits
7 the Brentwood Legion Ambulance, one of the
8 busiest volunteer ambulances in Suffolk
9 County, to form their own ambulance district.
10 Currently, they have their own water
11 commissioners, et cetera, similar to a fire
12 department, and basically that's what this
13 will do for an ambulance district as we have
14 dealt with in Suffolk County in the town of
15 Islip.
16 ACTING PRESIDENT MEIER: Read
17 the last section.
18 THE SECRETARY: Section 7.
19 This act shall take effect upon approval.
20 ACTING PRESIDENT MEIER: Call
21 the roll.
22 (The Secretary called the
23 roll. )
24 THE SECRETARY: Ayes 50.
25 ACTING PRESIDENT MEIER: The
4993
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1154, by Senator Maziarz, Senate Print 931-A,
4 an act to amend the Education Law, in relation
5 to prohibiting.
6 SENATOR PATERSON: Explanation.
7 SENATOR MAZIARZ: Thank you,
8 Mr. President.
9 ACTING PRESIDENT MEIER: Just
10 one moment. Senator Maltese, why do you rise?
11 SENATOR MALTESE: Mr.
12 President, I ask unanimous consent to be
13 recorded in the negative on Calendar Number
14 420. I was at a Higher Education meeting.
15 ACTING PRESIDENT MEIER:
16 Without objection, Senator Maltese will be
17 recorded in the negative on Calendar 420.
18 Senator Maziarz, an explanation
19 has been requested of Calendar 154 -- 1154.
20 SENATOR MAZIARZ: Thank you
21 very much, Mr. President.
22 Very simply, Mr. President,
23 this legislation would prohibit the
24 merchandising of credit cards on SUNY and CUNY
25 campuses, Mr. President. What this bill would
4994
1 not do is prohibit students from accessing
2 credit cards, but this would prohibit banks
3 and credit card companies from coming onto a
4 SUNY campus, setting up a table, if you will,
5 putting out what's very popular today are
6 water bottles, popular CDs, enticing students
7 to sign up for credit cards immediately, and
8 getting a free CD or a free water bottle or
9 T-shirt or something of that nature.
10 Also encourages students by
11 telling them, don't worry, use a credit card;
12 it will only be a $500 line of credit and you
13 can simply throw it away when you get it and,
14 of course, that does not happen. Students are
15 finding themselves behind the financial '8'
16 ball after they graduate and this bill would
17 prohibit that type of merchandising.
18 I may add, Mr. President, that
19 most of the private colleges and universities
20 in the state do prohibit this type of
21 merchandising of credit cards.
22 Thank you.
23 ACTING PRESIDENT MEIER:
24 Senator Paterson.
25 SENATOR PATERSON: Mr.
4995
1 President, if the sponsor would yield.
2 ACTING PRESIDENT MEIER:
3 Senator Maziarz, do you yield for a question?
4 SENATOR MAZIARZ: Certainly,
5 Mr. President.
6 ACTING PRESIDENT MEIER:
7 Senator yields.
8 SENATOR PATERSON: At first
9 blush and probably at the last one, I think
10 this is a very good bill. I think back to the
11 misunderstanding that exists not only on the
12 part of younger people but just on the part of
13 society regarding credit, and I was reading
14 recently that just in the past five years,
15 there is a trend toward consumer
16 responsibility, that consumers are not getting
17 as far behind on their credit cards and in
18 debt, and this would certainly be an apt
19 warning that we would give to younger people
20 who, in many respects, have financial aid
21 responsibilities in college and when they get
22 out into the work force, many times they have
23 hindered themselves by being induced not
24 fraudulently but certainly with a lot of
25 frills and a lot of incentives, as Senator
4996
1 Maziarz pointed out.
2 My question, Senator Maziarz,
3 is why are we distinguishing just the credit
4 industry? In other words, driver's licenses,
5 even buying CDs can -- can create the same
6 kind of problem. From a policy perspective
7 even though this is a -- can have a very
8 positive effect as a piece of legislation,
9 from a policy perspective is this just a
10 little bit of "big brother" to some degree
11 directing the choice of individuals as op
12 posed to perhaps trying to persuade?
13 SENATOR MAZIARZ: Mr.
14 President, through you: Senator Paterson,
15 perhaps it is, but I don't think that the two
16 examples you used, just merchandising CDs,
17 there's no long-term financial effect to that
18 or, quite frankly, driver's licenses on SUNY
19 campuses would probably be a positive move,
20 but -- but the merchandising of credit cards
21 puts a student behind the financial '8' ball
22 for the long term, if you will, and what
23 happens all too often since I introduced this
24 bill when it passed last year, I believe
25 unanimously, Senator, I heard from a great
4997
1 deal of parents who -- whose students had
2 applied for credit cards, had put down under
3 their "employment" sections on the application
4 "not employed" and yet got the credit card
5 with a very small line of credit, $500.
6 Within six months, those lines of credit were
7 increased to 1500, one student 18 months
8 $10,000. That student worked part time at a
9 pizzeria for $6 an hour at the time.
10 SENATOR PATERSON: If the
11 Senator will yield for one further question.
12 ACTING PRESIDENT MEIER:
13 Senator, do you continue to yield?
14 SENATOR MAZIARZ: For one
15 further question.
16 ACTING PRESIDENT MEIER:
17 Senator yields for one further question.
18 SENATOR PATERSON: Senator, do
19 you think this is a good bill?
20 SENATOR MAZIARZ: I think this
21 is a really good bill.
22 SENATOR PATERSON: Mr.
23 President, I would suggest, I better not come
24 down on this one; I better not see one no vote
25 on this bill.
4998
1 THE SECRETARY: Section 3.
2 This act shall take effect the the first day
3 of July.
4 ACTING PRESIDENT MEIER: Call
5 the roll.
6 (The Secretary called the
7 roll.)
8 THE SECRETARY: Ayes 50.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1173, by Senator Leibell, Senate Print 6448,
13 an act to amend the Private Housing Finance
14 Law, in relation to the powers.
15 SENATOR LEICHTER:
16 Explanation.
17 SENATOR PATERSON:
18 Explanation.
19 ACTING PRESIDENT MEIER:
20 Senator Leibell, an explanation has been
21 requested of Calendar 1173 by Senator
22 Leichter.
23 SENATOR LEIBELL: This bill
24 would authorize the New York State Housing
25 Finance Agency to establish subsidiaries and
4999
1 to acquire full title to real properties which
2 have received some form of assistance from the
3 U.S. government in connection with
4 foreclosures or other situations arising
5 pursuant to the operation of HFA programs.
6 At present, HFA is not required
7 to create these subsidiaries. Currently if
8 HFA seeks to acquire distressed properties
9 that receive some form of assistance from the
10 federal government, such as SONYMA, such
11 possession would place them in jeopardy of
12 losing federal subsidies on the property.
13 This bill would permit HFA to access such
14 federal monies, thereby benefiting the
15 mortgagor serviced by HFA in their programs.
16 This is an HFA program bill.
17 SENATOR LEICHTER: Mr.
18 President.
19 ACTING PRESIDENT MEIER:
20 Senator Leichter.
21 SENATOR LEICHTER: If Senator
22 Leibell would yield.
23 ACTING PRESIDENT MEIER:
24 Senator Leibell, do you yield for a question?
25 SENATOR LEIBELL: Yes.
5000
1 ACTING PRESIDENT MEIER:
2 Sponsor yields.
3 SENATOR LEICHTER: I couldn't
4 understand as I read this bill where it needed
5 to create subsidiaries to take over these
6 properties. Why can't it do it in its present
7 form?
8 SENATOR LEIBELL: Their counsel
9 has advised on this bill that's before the
10 house today, that they do not have that
11 authority, that in their opinion they do need
12 the creation of these subsidiaries; that is,
13 that was the opinion of their counsel.
14 SENATOR LEICHTER: Well, why?
15 SENATOR LEIBELL: Under federal
16 law, it's required.
17 SENATOR LEICHTER: If you would
18 be so good as to yield.
19 ACTING PRESIDENT MEIER:
20 Senator Leibell, do you continue to yield?
21 SENATOR LEIBELL: Yes.
22 ACTING PRESIDENT MEIER:
23 Senator continues to yield.
24 SENATOR LEICHTER: I'm not sure
25 there's anything wrong with creating
5001
1 subsidiaries. There may be some issue of
2 costs, and so on, but why don't we, if it's a
3 matter of giving the HFA authority to take
4 over property, why don't we just give them
5 that authority? Why do we also say they can
6 create subsidiaries to do that?
7 SENATOR LEIBELL: Because if we
8 don't do it through a subsidiary, they would
9 lose their federal subsidy. This is required
10 by federal law.
11 SENATOR LEICHTER: In other
12 words, what you're saying is that, if they
13 take over property in their corporate form,
14 the parent, that that would lose -- that they
15 would lose their federal subsidies.
16 SENATOR LEIBELL: From that
17 property.
18 SENATOR LEICHTER: But, if they
19 have a subsidiary, they will not.
20 SENATOR LEIBELL: Correct.
21 SENATOR LEICHTER: And the
22 reason they're going to take over property in
23 some instances is because of foreclosure or
24 some -
25 SENATOR LEIBELL: Some form of
5002
1 default.
2 SENATOR LEICHTER: Are we
3 giving these subsidiaries any powers to take
4 over property in condemnation?
5 SENATOR LEIBELL: Nothing -
6 there would be no powers that HFA does not
7 already have.
8 SENATOR LEICHTER: And am I
9 correct that they don't have the power of
10 condemnation?
11 SENATOR LEIBELL: I believe
12 they do have that power presently.
13 SENATOR LEICHTER: I mean I owe
14 -- I don't think they have it either, but I'm
15 not sure, and I think it would be fairly risky
16 and I'm sure this house would not want to give
17 them the power of condemnation. We ought to
18 really be sure of that.
19 SENATOR LEIBELL: This bill
20 does not do that. All this bill does is
21 authorize them to form these subsidiaries. It
22 doesn't give them any other additional powers
23 which they otherwise would not -- would have.
24 SENATOR LEICHTER: O.K. Thank
25 you.
5003
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 THE SECRETARY: Section 3.
4 This act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll. )
9 THE SECRETARY: Ayes 50.
10 ACTING PRESIDENT MEIER: The
11 bill is passed.
12 SENATOR PATERSON:
13 Explanation.
14 THE SECRETARY: Calendar Number
15 1259, by Senator Alesi.
16 ACTING PRESIDENT MEIER: Not
17 yet, Senator Paterson.
18 THE SECRETARY: Senate Print
19 7380-A, an act to amend the Highway Law.
20 ACTING PRESIDENT MEIER: Now.
21 SENATOR PATERSON: Explanation.
22 ACTING PRESIDENT MEIER:
23 Senator Alesi.
24 Senator Alesi, an explanation
25 has been requested of Calendar 1259 by Senator
5004
1 Paterson.
2 SENATOR ALESI: That would be
3 my pleasure, Mr. President.
4 This bill allows, for
5 ceremonial purposes only, Senator, the naming
6 of a portion of the Macedon Road Highway in
7 front of the American Legion Post as the
8 POW/MIA Memorial Highway.
9 ACTING PRESIDENT MEIER:
10 Senator Paterson.
11 SENATOR PATERSON: Oh, so this
12 was a purely local impact?
13 SENATOR ALESI: Local.
14 SENATOR PATERSON: All right,
15 Mr. President. Thank you.
16 After arduous consideration
17 I've decided to go along with Senator Alesi on
18 that one, and if anyone votes against it I
19 will see them outside.
20 SENATOR ALESI: Thank you,
21 Senator, and if I may add, Mr. President, I
22 admire the Senator's wisdom on this matter.
23 ACTING PRESIDENT MEIER: Read
24 the last section.
25 THE SECRETARY: Section 3.
5005
1 This act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll. )
6 THE SECRETARY: Ayes 50.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1374, by Senator Saland, Senate Print 7388-B,
11 an act to amend the Tax Law and the General
12 Municipal Law, in relation to tax credits.
13 SENATOR PATERSON: Mr.
14 President.
15 ACTING PRESIDENT MEIER:
16 Senator Paterson.
17 SENATOR PATERSON: Mr.
18 President, this is an "LL" bill. This is a
19 Leichter lay aside, and he is out of the
20 chamber. If we might hold this bill until
21 he -
22 SENATOR SKELOS: Lay aside
23 temporarily.
24 ACTING PRESIDENT MEIER: Lay
25 aside temporarily.
5006
1 THE SECRETARY: 1381, by
2 Senator Skelos, an act to amend the Insurance
3 Law, in relation to policy coverage.
4 ACTING PRESIDENT MEIER: Read
5 the last section.
6 THE SECRETARY: Section 3.
7 This act shall take effect on the 180th day.
8 ACTING PRESIDENT MEIER:
9 Senator Paterson.
10 SENATOR PATERSON: I believe
11 Senator Leichter laid this bill aside as well.
12 SENATOR SKELOS: Lay aside
13 temporarily.
14 ACTING PRESIDENT MEIER: Lay
15 aside temporarily. The Chair might suggest
16 that somebody might want -- someone might want
17 to find Senator Leichter, since many of these
18 are his lay asides.
19 The Secretary will continue to
20 read.
21 SENATOR PATERSON: Mr.
22 President.
23 ACTING PRESIDENT MEIER: Senator
24 Paterson.
25 SENATOR PATERSON: Senator
5007
1 Leichter is in the Finance Committee.
2 ACTING PRESIDENT MEIER: All
3 right, very well. Point well taken. I
4 apologize to Senator Leichter.
5 SENATOR PATERSON: Working very
6 hard, Mr. President, but even Senator Leichter
7 can't be in two places at once, and we're all
8 so happy that he can't be.
9 ACTING PRESIDENT MEIER: Oh, I
10 think Senator Leichter is in two places at
11 once sometimes.
12 The Secretary will continue to
13 read.
14 THE SECRETARY: Calendar Number
15 1383, by Senator Maltese, Senate Print 3688-B,
16 an act to amend the Administrative Code of the
17 city of New York.
18 SENATOR PATERSON: Explanation.
19 ACTING PRESIDENT MEIER:
20 Senator Maltese, an explanation has been
21 requested of Calendar Number 1383, by Senator
22 Paterson.
23 SENATOR MALTESE: This bill is
24 an act to amend the Administrative Code, in
25 relation to police sergeants assigned as
5008
1 supervisors of detective squads. It is an
2 eminently fair bill in that it provides that
3 police sergeants assigned as supervisors in
4 the detective bureau be granted that title
5 after 18 months in the assignment, a full year
6 and a half.
7 The justification is that a
8 police sergeant assigned to an investigatory
9 position accepts the added responsibilities of
10 giving direction to the highest level of
11 investigations in the most sensitive areas of
12 law enforcement. These include narcotics,
13 organized crime, intelligence, homicide which
14 I have some familiarity with, bombings, under
15 cover assignments and all other detective
16 investigations.
17 The salaries of detective
18 second grade and detective first great are now
19 equal to or greater than that of the
20 sergeants. Nevertheless, the sergeants
21 working in this capacity are charged with
22 responsibility, accountability and decision
23 making for their subordinates who are making
24 more money than they are.
25 Under current law, if a police
5009
1 officer is assigned to detective duties for a
2 period of 18 months or greater, he must
3 receive the compensation and title of a
4 detective, undoubtedly one of our bills. This
5 bill would give the same right to a sergeant
6 who has performed the duties of a detective
7 supervisor for the same 18-month period.
8 The -- the cost, fiscal
9 implications to state and local government -
10 our cost estimates are minimal: In '98-99
11 300,000; '99-2000, 425,000; 2000 to 2001,
12 475,000; 2001 to 2002, 925,000.
13 I'm mindful of the memorandum
14 in opposition by Mr. Harding, the legislative
15 representative for the City. Their figures
16 are almost, in most cases, double or triple
17 our fiscal figures. We indicate that our
18 fiscal note was prepared by Jonathan Schwartz,
19 consulting actuary, whereas the mayor's memo
20 does not indicate who prepared the memo, and,
21 therefore, can be attributed to no individual
22 as to accuracy.
23 It does seem that sergeants who
24 are accepting these additional duties and are
25 taking these duties on -- with all the
5010
1 responsibilities inherent in them, should,
2 after 18 months, receive the -- the extra
3 pay.
4 ACTING PRESIDENT MEIER:
5 Senator Paterson.
6 SENATOR PATERSON: Mr.
7 President, I'm sorry. I was -- just wanted to
8 ask Senator Maltese if -- and he may have
9 actually answered it, the City does have a
10 position on this bill?
11 SENATOR MALTESE: Yes, the City
12 has issued a memorandum in opposition which I
13 have here.
14 SENATOR PATERSON: O.K. The
15 City, I would assume, feels that this is
16 somewhat of an unfunded mandate; would that be
17 an apt -
18 SENATOR MALTESE: They, they
19 feel our -- I'll read you a portion of their
20 memo.
21 "The City is strongly opposed,
22 as it represents an unreasonable encroachment
23 on the traditional managerial authority of the
24 Police Commissioner. Current law provides for
25 discretion in designating a supervisor."
5011
1 Since I'm reading it, I will
2 also say at that point that it is done in
3 other categories.
4 "This appointment is intended
5 to reflect extraordinary performance on the
6 part of the supervisor, detective squad or
7 those who have supervised units with heavy
8 complex and demanding case loads."
9 My point, in response to that,
10 is if they're prepared to put this person in
11 that category for a full year and a half, they
12 should be prepared to reimburse them for those
13 additional responsibilities.
14 They also say that,
15 "Furthermore, the other sergeants," they're
16 saying that the other sergeants with the
17 police department, not in investigatory
18 pursuits do not get that. I'll be glad to put
19 in a bill to do that on the next session and
20 try to remedy that inequity.
21 SENATOR PATERSON: O.K. Thank
22 you, Senator.
23 ACTING PRESIDENT MEIER:
24 Senator Paterson? Senator Leichter.
25 SENATOR LEICHTER: Yes, Mr.
5012
1 President, if Senator Maltese would yield.
2 ACTING PRESIDENT MEIER:
3 Senator yields.
4 SENATOR LEICHTER: Senator,
5 yesterday I believe you voted for Senator
6 Rath's Constitutional Amendment against
7 unfunded mandates in the amount of $20,000 or
8 more, did you not?
9 SENATOR MALTESE: Yes,I did,
10 Mr. President.
11 SENATOR LEICHTER: And now you
12 come before us with a bill that imposes a
13 clear mandate on the city of New York. I'm -
14 I'm shocked at this contradiction.
15 SENATOR MALTESE: Well, Mr.
16 President, they say sometimes consistency is
17 the indication of small -- people with small
18 minds. I wouldn't be accused of either
19 consistency or having a small mind.
20 SENATOR LEICHTER: Well,
21 Senator, I would agree with you on both
22 counts, but if -- in all seriousness, it's not
23 only the matter of the unfunded mandates, and
24 I think we made the point yesterday that there
25 are going to be times and occasions when this
5013
1 Legislature is going to want to impose
2 unfunded mandates because we're legislating
3 for all the people of the state of New York,
4 but that's not the case here.
5 This is the sort of unfunded
6 mandate that, frankly, I would certainly
7 support having some prohibition on because
8 here we're interfering with the city of New
9 York in the administration of its police
10 department.
11 Now, I may agree with Senator
12 Maltese that maybe this is something that the
13 city of New York ought to do, but that's for
14 the city of New York to decide. I mean it's
15 just wrong for this Legislature to interfere
16 with the administration of the police
17 department, to tell the city of New York how
18 it has to spend money if -- to impose its
19 judgment upon that of the police
20 commissioner.
21 These are really the sort of
22 things that we just should not do. It's not
23 only a matter of unfunded mandate. It's a
24 matter of it's a gross violation of home rule
25 and over the years that I've been here,
5014
1 there's always been this tendency by some of
2 my colleagues who want to tell the city police
3 department how it ought to be managed, and
4 I've said to them, I remember saying it to
5 Senator Schermerhorn, Why don't you apply to
6 be police commissioner in New York City? He
7 might have made an excellent police
8 commissioner.
9 But it's not our duty as
10 legislators to tell New York City how it's
11 going to manage its police department. It's
12 not the sort of bill that we should do,
13 Senator Maltese.
14 ACTING PRESIDENT MEIER: There
15 is a home rule message at the desk. Read the
16 last section.
17 THE SECRETARY: Section 3.
18 This act shall take effect on the 180th day.
19 ACTING PRESIDENT MEIER: Call
20 the roll.
21 (The Secretary called the
22 roll. )
23 THE SECRETARY: Ayes 53, nays
24 one, Senator Leichter recorded in the
25 negative.
5015
1 ACTING PRESIDENT MEIER: The
2 bill is passed.
3 SENATOR SKELOS: Mr.
4 President.
5 ACTING PRESIDENT MEIER:
6 Senator Skelos.
7 SENATOR SKELOS: Yes, Mr.
8 President. Senator Leichter has returned from
9 the Finance Committee, so would you take up
10 Calendar Number 1374, by Senator Saland.
11 ACTING PRESIDENT MEIER:
12 Secretary will read Calendar Number 1374.
13 THE SECRETARY: Calendar Number
14 1374, by Senator Saland, Senate Print 7388-B,
15 an act to amend the Tax Law and the General
16 Municipal Law.
17 SENATOR LEICHTER: Explanation.
18 ACTING PRESIDENT MEIER:
19 Senator Saland, an explanation has been
20 requested by Senator Leichter of Calendar
21 1374.
22 SENATOR SALAND: Mr. President,
23 as we're well aware, there are a number of
24 economic development zones, so-called EDZs,
25 throughout New York State. I believe they
5016
1 currently number some 40. In response to -
2 to some suggestions made by a group of the
3 zone coordinators of these EDZs, this proposed
4 legislation attempts to provide greater
5 flexibility to the -- to those respective
6 economic development zones.
7 For instance, one of the first
8 proposals contained therein would say that the
9 $100,000 cap on investments or contributions
10 by a taxpayer which can be made to any of the
11 three categories of zone capital credit -
12 credit program would have that $100,000
13 limitation removed, keeping, however, the
14 total $300,000 cap for the combination of
15 those three entities within the program at the
16 same level, the current $300,000 level.
17 Again, what's being sought here
18 is flexibility, the ability for people at the
19 local level who are trying to enhance economic
20 development within these respective zones, to
21 in effect have a greater say in how these
22 credits shall be taken or allocated, the
23 feeling being that those zones that are -
24 that are working, and certainly in the case of
25 the Poughkeepsie/Dutchess County Economic
5017
1 Development Zone, it's been a model of sorts
2 of successful zones, and I believe what would
3 happen under this proposal as enacted, there
4 would be yet additional eeconomic development
5 within the zones providing, subject to the
6 limitations still contained within the bill,
7 again the much needed flexibility.
8 SENATOR LEICHTER: Mr.
9 President.
10 ACTING PRESIDENT MEIER:
11 Senator Leichter.
12 SENATOR LEICHTER: If Senator
13 Saland will yield.
14 ACTING PRESIDENT MEIER:
15 Senator Saland, do you yield for a question?
16 SENATOR SALAND: Yes, Mr.
17 President.
18 ACTING PRESIDENT MEIER:
19 Senator yields.
20 SENATOR LEICHTER: Yes,
21 Senator. In the fiscal implication section of
22 your memo, you say that there will be some
23 loss to the state initially, and then you make
24 this possibly optimistic forecast that, in the
25 future, this will bring in more money.
5018
1 SENATOR SALAND: And that is
2 truly, Senator Leichter, what it's based upon
3 because right now these credits are not being
4 accessed as readily as we would like, so much
5 of these credits go unused and we believe the
6 greater flexibility will provide greater
7 access, greater use of the credit and, in
8 turn, by greater use of the credits there
9 could be some fiscal implications to the
10 state, nothing we consider to be monumental,
11 intended in the original legislation, but
12 never really, in fact, fully absorbed. It's
13 more of the utility of the credit than
14 anything else, Senator Leichter.
15 SENATOR LEICHTER: Right.
16 Senator, am I also correct that this bill
17 limits or, I'm sorry, I should say removes the
18 limitation as to family members of a
19 particular corporation or entity that invests
20 in these credits?
21 SENATOR SALAND: The answer to
22 the question would be yes. The -- the bill
23 would authorize a credit for investment by
24 family members.
25 SENATOR LEICHTER: And why are
5019
1 you eliminating the prohibition that we
2 initially wrote into the law?
3 SENATOR SALAND: Again, to try
4 -- to try and encourage greater investment,
5 to try to encourage, in effect, greater use of
6 the economic development zones. Some are
7 being used and being used well, but I think
8 their current record is somewhat checkered and
9 we'd like to, in effect, expand the
10 utilization of the economic development
11 zones.
12 SENATOR LEICHTER: Well, just
13 so -
14 SENATOR SALAND: And I might
15 add that what occurs very often particularly
16 with smaller businesses and minority-owned
17 businesses, the -- the ability to reach out to
18 people on a personal level, family members,
19 sometimes is necessary in order to get some
20 capital involved in your enterprise.
21 SENATOR LEICHTER: Mr.
22 President, if Senator Saland will continue to
23 yield.
24 ACTING PRESIDENT MEIER:
25 Senator Saland, do you continue to yield?
5020
1 SENATOR SALAND: Yes, Mr.
2 President.
3 ACTING PRESIDENT MEIER:
4 Senator yields.
5 SENATOR LEICHTER: I think
6 that, in regard to minority-owned businesses
7 where, as we know there isn't generally that
8 access or availability to capital within
9 families, I don't think that removing that
10 restriction is of any assistance or affects
11 that. I think it unquestionably does provide
12 greater credits to family members who now are
13 -- under your bill would be able to invest in
14 these zones, but my question to you really is
15 that the -- that the zones, I agree with you,
16 have had a checkered rate of success. There
17 are many reasons for that, but I don't believe
18 that the main reason is that there hasn't been
19 sufficient inducement or incentives for
20 capital as far as tax benefits are concerned.
21 It usually, I think, deals more with basic
22 economic conditions, transportation, other
23 costs, work force, and so on.
24 My -- my concern, Senator, is
25 that without it -- really having studied it
5021
1 and I don't know whether we have a memorandum
2 by ESD, our Economic Development Department,
3 supporting this or saying we really need this
4 to get these economic development zones going,
5 whether we're not just opening ourselves to a
6 loss of revenue to the state of New York.
7 SENATOR SALAND: Again, Senator
8 Leichter, the loss of revenue would not be of
9 any large consequence and would be through the
10 utilization of what are currently -- currently
11 amounts to unused credits.
12 This bill comes to me, as I
13 mentioned in my opening remarks, from a group
14 of zone coordinators who identified these
15 provisions as being really necessary for them
16 to have not only flexibility which -- which I
17 indicated again a bit earlier but also to
18 encourage greater use of economic development
19 zones, and I -- as we have both acknowledged,
20 the track record of the EDZs has been
21 checkered, but with some pride I think I -- I
22 can say that the economic development zone
23 that lies within my Senate District, and this
24 is not intended as puffery, has been
25 recognized as having done really an
5022
1 exceptional job, and is one of those that has
2 been held up almost as a model to be
3 replicated if that would be the appropriate
4 way of describing their success, and they have
5 indicated that this would be helpful for them
6 to continue their endeavors to grow jobs and
7 to sustain existing businesses.
8 SENATOR LEICHTER: Mr.
9 President, I think this was implicit in my
10 questions, but let me ask it to you directly,
11 not that I'm always one who relies upon the
12 viewpoints of ESD or Chairman Gargano, but has
13 the agency, the -- the ESD which administers
14 this program, come and said, This is what we
15 need to make the targeted zones more
16 effective?
17 SENATOR SALAND: I'm advised
18 that ESD staff has indicated their support.
19 They have not provided -- have not provided a
20 memo to that effect, and I think this is in
21 part sort of a -- more of a grass roots
22 endeavor coming from the people in the field,
23 but with the support of ESD.
24 SENATOR LEICHTER: Well, is it
25 -- Senator Saland.
5023
1 SENATOR SALAND: Let me just,
2 not necessarily the formalized report because
3 I do not have a memo.
4 SENATOR LEICHTER: Senator
5 Saland.
6 ACTING PRESIDENT MEIER:
7 Senator Leichter, do you wish Senator Saland
8 to yield for another question?
9 SENATOR LEICHTER: Yes, Mr.
10 President.
11 ACTING PRESIDENT MEIER:
12 Senator Saland, do you yield?
13 SENATOR SALAND: Yes, Mr.
14 President.
15 ACTING PRESIDENT MEIER:
16 Sponsor yields.
17 SENATOR LEICHTER: Senator,
18 what concerns me, if I understand it, these
19 credits that are being given and we're now
20 authorizing the credits to be expanded, that
21 decision is made by the local -- that decision
22 is made by the local economic targeted zone;
23 is that correct?
24 SENATOR SALAND: I'm not sure
25 if we're -- that you're correct in saying that
5024
1 the credits are being expanded. We're
2 expanding access to the credits. I don't
3 believe we're -- we're saying that we're
4 creating new categories of credits. Again
5 through the flexibility, what we're attempting
6 to do is get people to use the credits more
7 extensively.
8 SENATOR LEICHTER: Right. I
9 think you've stated it more precisely than I
10 did, and I accept that, but the net result is
11 that there will be tax credits available that
12 are not currently available. I think we can
13 agree on that.
14 SENATOR SALAND: I would phrase
15 it a little differently. I would just say
16 there are tax credits that may be used that
17 are not currently being used.
18 SENATOR LEICHTER: Well -
19 SENATOR SALAND: Or the credits
20 are currently available, let's say, in
21 different denominations.
22 SENATOR LEICHTER: O.K.
23 SENATOR SALAND: And what we're
24 saying is through greater flexibility, they
25 will probably be accessed to a greater extent.
5025
1 SENATOR LEICHTER: Right, that
2 determination as to whether to give the tax
3 credit is made locally, is it not?
4 SENATOR SALAND: Yes.
5 SENATOR LEICHTER: And however,
6 the loss of revenue is felt by all the people
7 of the state of New York, is it not?
8 SENATOR SALAND: At all levels,
9 correct.
10 SENATOR LEICHTER: Right, and I
11 expect it's very much like IDA, where a local
12 decision is made. IDA financing and the state
13 of New York pays for it, but we have nothing
14 to say in the decision, isn't that correct?
15 SENATOR SALAND: I'm sorry. I
16 didn't hear your comments.
17 SENATOR LEICHTER: Well, when
18 you have an IDA financing which, as you know,
19 includes certain state tax benefits, sales tax
20 and other things, there's a loss of revenue to
21 the state of New York. That decision is made
22 locally but it affects the entire state of New
23 York.
24 SENATOR SALAND: I'm having
25 enough difficulty dealing with your questions
5026
1 on EDZs without making myself a maven on
2 IDAs.
3 SENATOR LEICHTER: Well, Senator
4 Saland -
5 ACTING PRESIDENT MEIER:
6 Senator Leichter, do you wish Senator Saland
7 to -
8 SENATOR LEICHTER: Yes, Senator
9 Saland.
10 ACTING PRESIDENT MEIER: Do you
11 continue to yield, Senator Saland?
12 SENATOR SALAND: Yes, I do.
13 ACTING PRESIDENT MEIER: The
14 Senator yields.
15 SENATOR LEICHTER: I think
16 that's the concern and the problem that we've
17 made these credits available, but really the
18 state of New York which provides the credit
19 doesn't have the ultimate say about how
20 they're going to be used, when they're going
21 to be used, and that's -- that's my concern.
22 SENATOR SALAND: Well, the
23 reality, Senator Leichter, at least to my
24 knowledge, is that again I'll allude to what I
25 said before about the checkered results with
5027
1 these, using the EDZ in my district as an
2 example, during the 1997 year there were some
3 60 businesses that were certified to be in the
4 program, and they added some 510 full-time
5 jobs so if, in fact, there was some additional
6 cost to the state by accessing any credit
7 during the course of that problem, the state
8 still was a major gainer, because those 510
9 jobs generated a considerable amount of
10 revenue simply through the ability to derive
11 income tax revenues from those 510 jobs as
12 well as any other revenues that the various
13 communities may have received by people now
14 being employed in the communities through
15 sales tax or any business taxes that may have
16 inured to the benefit of the community.
17 So that to me goes -- I think
18 what we're basically talking about is two
19 distinctly different approaches to the entity
20 itself. The -- my approach would be that yes,
21 it is costing the state some money, but it's
22 state -- it's money that the state, in
23 creating this -- this system, and this spans
24 more than this governor; goes back to prior
25 governors -- was attempting to encourage
5028
1 economic development knowing that, in the
2 course of spending some money, whether it be
3 through tax credits or sales tax breaks or any
4 of the other breaks that apply in these
5 districts, that they were going to foster job
6 development, economic development, and the
7 overall impact would be a net gain and hope
8 fully a considerable net gain to the treasury
9 of the state of New York and surrounding -
10 and including the communities.
11 SENATOR LEICHTER: Mr.
12 President -- thank you very much, Senator
13 Saland. As always, you've put forward a strong
14 argument for your bill, not strong enough for
15 me, but -- but I suspect for most of the other
16 members, because I -- my years here I've found
17 if you get up and you say this is good for
18 economic development, you can pass almost
19 every -- almost anything, and I understand the
20 logic behind what Senator Saland is saying and
21 we try to induce greater economic activity by
22 giving tax credits.
23 I was never a big fan of these
24 targeted economic zones and, as Senator Saland
25 admits, their achievement and record has been
5029
1 mixed because I think there's a limit really
2 to what tax credits do. There are so many
3 more important considerations for businesses
4 in deciding where to site their -- their
5 facilities; but my concern with this is -- and
6 it is related to the IDA -- we created the IDA
7 system with the best of intention. Then we
8 found out that both our localities and the
9 state of New York were losing a great deal of
10 money that was being determined locally by
11 people whose interests sometimes tended to be
12 very parochial and very selfish, and the same
13 problem, the same risks, exist here.
14 Now, when we set up this
15 program, we put a limit of $100,000 on these
16 credits. We also said, we're not going to
17 allow family members to -- to access into this
18 program. Senator Saland is eliminating this
19 with the best of intentions saying, "I want to
20 bring more capital in and maybe that will get
21 some of these zones working more
22 effectively."
23 My concern is, and why I'm
24 going to vote against the bill, is because I
25 don't think it gives the state of New York
5030
1 sufficient say over its own revenue, and
2 while, as I've said, I have some problems with
3 UD... and you know I've been critical of UDC,
4 but at least I'd like to see some state
5 involvement before we authorize the use of
6 state funds, and that's really what's involved
7 here and, for that reason, I'm going to vote
8 against it.
9 ACTING PRESIDENT MEIER: Read
10 the last section.
11 THE SECRETARY: Section 6.
12 This act shall take effect in 60 days.
13 ACTING PRESIDENT MEIER: Call
14 the roll.
15 (The Secretary called the
16 roll. )
17 THE SECRETARY: Ayes 57.
18 ACTING PRESIDENT MEIER: The
19 bill is passed. Wait a minute. Hold it.
20 THE SECRETARY: In relation to
21 Calendar 1374, ayes 56, nays one, Senator
22 Leichter recorded in the negative.
23 ACTING PRESIDENT MEIER: The
24 bill is still passed.
25 Secretary will continue to read
5031
1 the calendar.
2 THE SECRETARY: Calendar Number
3 1385, substituted earlier today, by member of
4 the Assembly Vitaliano, Assembly Print 5534-A,
5 an act to amend the Education Law, and the
6 Administrative Code of the city of New York.
7 ACTING PRESIDENT MEIER: Lay
8 that bill aside temporarily.
9 Senator Skelos.
10 SENATOR SKELOS: Could you
11 please return to Calendar Number 1381.
12 ACTING PRESIDENT MEIER:
13 Secretary will read Calendar Number 1381.
14 THE SECRETARY: Calendar Number
15 1381, by Senator Skelos, Senate Print 317-C,
16 an act to amend the Insurance Law, in relation
17 to policy coverage.
18 ACTING PRESIDENT MEIER:
19 Senator Leichter, why do you rise?
20 SENATOR LEICHTER: Yes, I was
21 going to ask for an explanation, and then I
22 was going to ask a question of Senator Skelos.
23 ACTING PRESIDENT MEIER:
24 Senator Skelos, Senator Leichter is requesting
25 an explanation of Calendar Number 1381.
5032
1 SENATOR SKELOS: Mr. President,
2 this bill would prevent the refusal to issue
3 or renew any policy of life or non-cancelable
4 disability insurance solely on the basis of
5 the results of genetic testing for cancer or
6 because an individual has had any type of
7 cancer.
8 Presently, this legislation
9 which passed the Senate, I believe in 1997,
10 actually is the law. We have a law that
11 relates just to breast cancer, and this would
12 extend it to all cancers and also to the
13 genetic testing aspect of it.
14 SENATOR LEICHTER: Mr.
15 President, if Senator Skelos would yield.
16 ACTING PRESIDENT MEIER:
17 Senator Skelos, do you yield to a question?
18 SENATOR SKELOS: Yes.
19 ACTING PRESIDENT MEIER:
20 Senator yields.
21 SENATOR LEICHTER: Yes,
22 Senator, I support this. I'm just concerned,
23 language in here which maybe what it gives
24 with the left hand it takes away with the
25 right hand because it says that relying on
5033
1 genetic testing, so on, is prohibited, but
2 then you say "*** unless the action is based
3 upon sound actuarial experience or is related
4 to actual or reasonably anticipated
5 experience."
6 Wouldn't that allow an
7 insurance company to say, Well, we believe
8 it's reasonable to expect that somebody who
9 has genetic predilections to cancer is likely
10 to develop it and we're not going to insure
11 them?
12 SENATOR SKELOS: Senator
13 Leichter, you're partially correct. It's my
14 understanding in other areas of law that
15 involve insurance, there is this type of
16 language, but you are absolutely correct that
17 there is this potential, but we believe the
18 legislation as drafted will protect
19 individuals with cancer and with the genetic
20 testing bill.
21 SENATOR LEICHTER: Well,
22 Senator, if you would yield for one more
23 question.
24 ACTING PRESIDENT MEIER:
25 Senator Skelos, do you yield for another
5034
1 question?
2 SENATOR SKELOS: Yes, I do.
3 ACTING PRESIDENT MEIER:
4 Senator yields.
5 SENATOR LEICHTER: Senator,
6 couldn't we take out that limitation? I mean
7 I think that's a fairly large loophole for an
8 insurance company to defeat what is the very
9 laudable purpose of your bill.
10 SENATOR SKELOS: Something we
11 could look at next year, Senator Leichter.
12 SENATOR LEICHTER: O.K.
13 Mr. President, just -- I thank
14 Senator Skelos.
15 ACTING PRESIDENT MEIER:
16 Senator Leichter, on the bill.
17 SENATOR LEICHTER: I mean,
18 certainly I'm going to vote for it and don't
19 urge anybody to vote for it, but I think we've
20 got to be careful about going out and telling
21 the world, Look what we've done to try to
22 provide insurance coverage for people who
23 might not get it when, in point of fact, the
24 law or this bill is so written, as Senator
25 Skelos very candidly and very honorably
5035
1 concedes, that insurance companies have a
2 great latitude to ignore the very direction
3 that we're trying to give them not to
4 discriminate against people who may
5 genetically test for cancer.
6 So let's pass this, but I think
7 we have a job to do to really provide the
8 protection that Senator Skelos and all of us
9 want to give.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 3.
13 This act shall take effect on the 180th day.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll. )
18 THE SECRETARY: Ayes 57.
19 ACTING PRESIDENT MEIER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1385, substituted earlier today, by member of
23 the Assembly Vitaliano, Assembly Print 5534-A,
24 an act to amend the Education Law, and the
25 Administrative Code of the city of New York.
5036
1 ACTING PRESIDENT MEIER:
2 Senator Paterson.
3 SENATOR PATERSON: Might we lay
4 that aside just for a moment for Senator
5 Dollinger, who I believe is in Finance.
6 ACTING PRESIDENT MEIER:
7 Secretary will lay it aside temporarily.
8 I'm sorry. Senator Trunzo.
9 SENATOR TRUNZO: Yes, sir.
10 ACTING PRESIDENT MEIER:
11 Senator Paterson has requested that Calendar
12 1385 be laid aside temporarily.
13 SENATOR TRUNZO: May I ask why?
14 ACTING PRESIDENT MEIER: He's
15 waiting for Senator Dollinger who requested an
16 explanation.
17 SENATOR TRUNZO: Oh, Dollinger?
18 Fine. Lay it aside temporarily.
19 SENATOR PATERSON: Mr.
20 President, Senator Dollinger is in the Finance
21 Committee, and my feeling is if it slows the
22 process up because a member is not in the
23 chamber, I can understand that because each of
24 us has a fair opportunity to be here, and
25 we're all supposed to be here, but when a
5037
1 member is actually in a committee that's
2 called off the floor, it makes it very
3 difficult for the member to debate the bill
4 and keep the attendance in the committee.
5 ACTING PRESIDENT MEIER: And
6 the Chair also cites the Leichter rule of
7 inability to be in two places at once.
8 Secretary will continue to read
9 the calendar.
10 THE SECRETARY: Calendar Number
11 1389, substituted earlier today, by member of
12 the Assembly Vitaliano, Assembly Print 6946-A,
13 an act to amend the Civil Service Law, in
14 relation to the placement.
15 ACTING PRESIDENT MEIER:
16 Senator Paterson.
17 SENATOR PATERSON: May we have
18 an explanation.
19 SENATOR MARCELLINO: Mr.
20 President, may we lay that bill aside
21 temporarily because Senator Stafford is
22 chairing the Finance Committee.
23 ACTING PRESIDENT MEIER: We'll
24 lay the bill aside temporarily.
25 THE SECRETARY: Calendar Number
5038
1 1390, by Senator Spano, Senate Print 5573-A,
2 an act to amend the General Municipal Law, in
3 relation to bureaus.
4 ACTING PRESIDENT MEIER: Lay
5 the bill aside temporarily.
6 Secretary will continue to
7 read.
8 Calendar Number 1390, read the
9 last section.
10 SENATOR MARCELLINO: I thought
11 you laid it aside temporarily.
12 ACTING PRESIDENT MEIER: The
13 bill will be laid aside temporarily at the
14 request of the Acting Majority Leader.
15 THE SECRETARY: Calendar Number
16 1391, by Senator Skelos, Senate Print 5949-A,
17 an act to amend the Correction Law and the
18 Executive Law.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 THE SECRETARY: Section 3.
22 This act shall take effect on the 21st day of
23 January.
24 ACTING PRESIDENT MEIER: Call
25 the roll.
5039
1 (The Secretary called the
2 roll.)
3 THE SECRETARY: Ayes 57.
4 ACTING PRESIDENT MEIER: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1392.
8 ACTING PRESIDENT MEIER:
9 Senator Paterson, why do you rise?
10 SENATOR PATERSON: Mr.
11 President, just a moment ago Calendar Number
12 1389 was laid aside because the chair of the
13 Finance Committee is not here. We don't have
14 a problem with Calendar Number 1389. It was
15 apparently inadvertently laid aside earlier.
16 SENATOR MARCELLINO: Mr.
17 President, in light of that comment, may we
18 return back to 1389 and read the last
19 section.
20 ACTING PRESIDENT MEIER:
21 Secretary -- excuse me. Calendar -- the
22 Secretary will read Calendar 1389.
23 THE SECRETARY: Calendar Number
24 1389, substituted earlier today, by member of
25 the Assembly Vitaliano, Assembly Print 6946-A,
5040
1 an act to amend the Civil Service Law.
2 ACTING PRESIDENT MEIER: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first day of
6 January.
7 ACTING PRESIDENT MEIER: Call
8 the roll.
9 (The Secretary called the
10 roll.)
11 THE SECRETARY: Ayes 57.
12 ACTING PRESIDENT MEIER: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1392, by Senator Skelos, Senate Print 6201, an
16 act to amend the Domestic Relations Law and
17 the Penal Law.
18 ACTING PRESIDENT MEIER: Read
19 the last section.
20 THE SECRETARY: Section 4. This
21 act -
22 SENATOR MARCELLINO: Lay that
23 bill aside temporarily.
24 ACTING PRESIDENT MEIER: Lay
25 the bill aside temporarily.
5041
1 THE SECRETARY: Calendar Number
2 1393, by Senator Rath, Senate Print 6284-B, an
3 act to amend the Real Property Tax Law, in
4 relation to clarifying.
5 ACTING PRESIDENT MEIER: Read
6 the last section.
7 THE SECRETARY: Section 9.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call
10 the roll.
11 (The Secretary called the
12 roll. )
13 THE SECRETARY: Ayes 57.
14 ACTING PRESIDENT MEIER: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1402, substituted earlier today, by the
18 Assembly Committee on Rules, Assembly Print
19 10858-A, an act to amend the Social Services
20 Law.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 THE SECRETARY: Section -
24 ACTING PRESIDENT MEIER:
25 Senator Paterson, why do you rise?
5042
1 SENATOR PATERSON: I'm sorry,
2 Mr. President. May we have an explanation on
3 this bill?
4 ACTING PRESIDENT MEIER:
5 Senator Holland, an explanation has been
6 requested by Senator Paterson.
7 SENATOR PATERSON: No, wait,
8 Mr. President. Senator Montgomery does not
9 have a problem with this bill any longer, Mr.
10 President. This bill is fine; it's great.
11 ACTING PRESIDENT MEIER: Read
12 the last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect December 31.
15 ACTING PRESIDENT MEIER: Call
16 the roll.
17 (The Secretary called the
18 roll. )
19 THE SECRETARY: Ayes 57.
20 ACTING PRESIDENT MEIER: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1405, by Senator Leibell, Senate Print 7189,
24 an act to amend the New York City Charter.
25 ACTING PRESIDENT MEIER: There
5043
1 is a home rule message at the desk. Read the
2 last section.
3 THE SECRETARY: Section 2.
4 This act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll. )
9 ACTING PRESIDENT MEIER:
10 Senator Paterson, why do you rise?
11 SENATOR PATERSON: This is laid
12 aside by Senator Leichter. Well, it didn't
13 help that he walked in here with a bagel and a
14 tea before, but he really is in Finance, Mr.
15 President.
16 ACTING PRESIDENT MEIER: Lay
17 the bill aside at the request of the Deputy
18 Minority Leader.
19 Secretary will continue to
20 read.
21 THE SECRETARY: Calendar Number
22 1407, by Senator Padavan, Senate Print 7410,
23 an act to amend the Retirement and Social
24 Security Law, in relation to authorizing.
25 SENATOR PATERSON: Explanation,
5044
1 Mr. President.
2 ACTING PRESIDENT MEIER:
3 Senator Padavan, an explanation has been
4 requested of Calendar 1407 by Senator
5 Paterson.
6 SENATOR PADAVAN: Mr. President,
7 what this bill does is correct an inequity
8 that exists in current law dealing with the
9 process that allows people who are members of
10 certain systems to have an administrative
11 review of a denial of an accident and/or
12 disability retirement application by a special
13 committee.
14 Currently, that opportunity
15 exists for Tier I and Tier II employees. It
16 does not exist for Tier III and Tier IV
17 employees of the New York City Employees'
18 Retirement System. We wish to extend that
19 right really for equity's sake and none
20 other.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 SENATOR GENTILE: Mr.
24 President.
25 ACTING PRESIDENT MEIER:
5045
1 Senator Gentile, why do you rise?
2 SENATOR GENTILE: I believe
3 there's an amendment at the desk.
4 ACTING PRESIDENT MEIER: Yes,
5 there is.
6 SENATOR GENTILE: I'd ask that
7 you waive the reading and allow to explain.
8 ACTING PRESIDENT MEIER: The
9 reading is waived and you're recognized for
10 the purpose of explaining your amendment.
11 SENATOR GENTILE: Thank you,
12 Mr. President.
13 I want to congratulate Senator
14 Padavan for introducing legislation which
15 really extends the due process rights for Tier
16 III and Tier IV employees of the New York City
17 Retirement System.
18 My amendment, Mr. President,
19 would actually do the same, would extend the
20 due process rights to New York City
21 Firefighters with accidental disability
22 claims, and it is -- it is in keeping with
23 Senator Padavan's concern over extending the
24 due process rights to the Tier III and Tier IV
25 employees.
5046
1 Presently, Mr. President, acci
2 dental disability determinations for New York
3 City firefighters are currently made by the
4 Board of Trustees of the Fire Department
5 Pension Fund, and that determination is based
6 on information and recommendations made by the
7 fund's medical board. Injured workers
8 currently, injured firefighters, have no
9 opportunity to review and challenge that
10 information that is made -- that constitutes
11 the decision of the board. If the Board of
12 Trustees is split on the question of
13 accidental disability for firemen, that
14 applicant is retired on an ordinary disability
15 pension which is a smaller benefit package,
16 and then the firefighter is relegated to the
17 court system to appeal that decision.
18 Certainly Senator Padavan's
19 amendment is to avoid the court process for
20 Tier III and Tier IV employees. My amendment
21 to Senator Padavan's bill also has the goal of
22 avoiding the court process and providing a
23 more efficient and more direct administrative
24 review for New York City firefighters.
25 It would allow them now to
5047
1 present witnesses and to present evidence to a
2 hearing provided by the Board of Trustees of
3 the City Fire Department Pension Fund,
4 something which doesn't exist right now and
5 this also, Mr. President, is in keeping with
6 the rights and the due process rights that
7 firefighters everywhere else in the state of
8 New York currently have affordable to them -
9 afforded to them; for example, firefighters
10 outside of the City are entitled to a hearing
11 with the state Comptroller when the state
12 Comptroller's determination on their
13 application for accidental disability is
14 denied. The hearing is afforded to them under
15 the Retirement and Social Security Law, and is
16 similar to the provisions now I'm suggesting
17 we institute for New York City firefighters.
18 I think this is something we
19 owe them, something that will help the system
20 operate more efficiently. It's in keeping
21 with Senator Padavan's goals under the
22 legislation he's providing, so I ask that we
23 make this a package and make this amendment to
24 Senator Padavan's bill.
25 ACTING PRESIDENT MEIER:
5048
1 Question is on the amendment. All those in
2 favor of the amendment signify by saying aye.
3 SENATOR ONORATO: Party vote in
4 the affirmative.
5 SENATOR MARCELLINO: Party vote
6 in the negative.
7 ACTING PRESIDENT MEIER:
8 Secretary will call the roll.
9 (The Secretary called the
10 roll. )
11 THE SECRETARY: Ayes 23, nays
12 34, party vote.
13 ACTING PRESIDENT MEIER: The
14 amendment fails.
15 Read the last section.
16 THE SECRETARY: Section 3.
17 This act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call
19 the roll.
20 (The Secretary called the
21 roll.)
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT MEIER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
5049
1 1409, by Senator Trunzo, Senate Print 7474, an
2 act to amend the Local Finance Law, in
3 relation to providing.
4 SENATOR MARCELLINO: Lay the
5 bill aside temporarily.
6 ACTING PRESIDENT MEIER: Lay
7 the bill aside temporarily.
8 SENATOR MARCELLINO: Mr.
9 President.
10 ACTING PRESIDENT MEIER: Just a
11 second. We want to clean up the record here.
12 For the purposes of the record, there was a
13 home rule message at the desk for 1407, Senate
14 Print 7410.
15 Secretary will continue to
16 read.
17 THE SECRETARY: Calendar Number
18 1411, by the Senate Committee on Rules.
19 ACTING PRESIDENT MEIER:
20 Senator Marcellino.
21 SENATOR MARCELLINO: The next
22 four bills, I'm told that are on the lay aside
23 calendar are under the LL rule, Leichter lay
24 aside rules, and since he is not available,
25 we're trying to accommodate laying those bills
5050
1 aside temporarily.
2 ACTING PRESIDENT MEIER: O.K.
3 For the purpose of keeping the record clear,
4 why don't we let the Secretary read and why
5 don't you indicate the ones you're requesting
6 to lay aside.
7 Secretary will continue to read
8 the calendar.
9 SENATOR MARCELLINO: Here he
10 is. Oh, hold it. We can lay aside the
11 Leichter lay aside law temporarily, of
12 course.
13 ACTING PRESIDENT MEIER:
14 Whatever that means, so ordered.
15 Secretary will continue to read
16 the calendar.
17 THE SECRETARY: Calendar Number
18 1411, by the Senate Committee on Rules, Senate
19 Print 7548-A, an act to amend the
20 Administrative Code of the city of New York.
21 ACTING PRESIDENT MEIER:
22 There's a home rule message at the desk.
23 SENATOR LEICHTER: Explanation,
24 please.
25 ACTING PRESIDENT MEIER:
5051
1 Senator Trunzo, an explanation has been
2 requested by Senator Leichter.
3 SENATOR TRUNZO: Mr. President,
4 what this bill does is it provides for the
5 transfer of reserve funds from the New York
6 City Fire Department Pension Fund to the New
7 York City Firefighters Pension Fund when a
8 police officer becomes a fireman or fireman
9 becomes a police officer, whichever way, so
10 that funds pertaining to that individual are
11 transferred to the proper pension reserve
12 system.
13 SENATOR LEICHTER: May I just
14 ask Senator Trunzo a question?
15 ACTING PRESIDENT MEIER:
16 Senator Trunzo, do you yield to a question?
17 SENATOR TRUNZO: Yes.
18 ACTING PRESIDENT MEIER: The
19 Senator yields.
20 SENATOR LEICHTER: Is this
21 being enacted with any one particular person
22 in mind?
23 SENATOR TRUNZO: No, this is a
24 general -
25 SENATOR LEICHTER: Generic
5052
1 thing.
2 SENATOR TRUNZO: General -
3 generic thing because the present law doesn't
4 permit that to happen in the police fund, to
5 be transferred to the fire pension fund.
6 SENATOR LEICHTER: No
7 objection.
8 SENATOR TRUNZO: Last section.
9 ACTING PRESIDENT MEIER: Read
10 the last section.
11 THE SECRETARY: Section 3.
12 This act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call
14 the roll.
15 (The Secretary called the
16 roll. )
17 THE SECRETARY: Ayes 57.
18 ACTING PRESIDENT MEIER: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1412, by Senator Holland, Senate Print 7571,
22 an act to amend the Education Law, in relation
23 to extending.
24 SENATOR MARCELLINO: Mr.
25 President, lay that bill aside temporarily.
5053
1 ACTING PRESIDENT MEIER: Lay
2 the bill aside temporarily.
3 THE SECRETARY: Calendar Number
4 1414, by Senator Balboni, Senate Print 7614,
5 an act to permit the sale or lease of Pond
6 View Homes.
7 SENATOR MARCELLINO: Lay that
8 aside temporarily at the request of the
9 sponsor.
10 ACTING PRESIDENT MEIER: Lay it
11 aside temporarily at the request of the
12 sponsor.
13 THE SECRETARY: Calendar Number
14 1415, by Senator Alesi, Senate Print 7633, an
15 act to amend the Local Finance Law, in
16 relation to establishing.
17 SENATOR MARCELLINO: Lay it
18 aside temporarily.
19 ACTING PRESIDENT MEIER: Lay
20 the bill aside temporarily.
21 SENATOR MARCELLINO: Mr.
22 President.
23 ACTING PRESIDENT MEIER:
24 Senator Marcellino.
25 SENATOR MARCELLINO: May we
5054
1 return to Calendar 1409, please.
2 ACTING PRESIDENT MEIER:
3 Secretary will read Calendar Number 1409.
4 THE SECRETARY: Calendar Number
5 1409, by Senator Trunzo, Senate Print 7474, an
6 act to amend the Local Finance Law.
7 ACTING PRESIDENT MEIER:
8 There's a home rule message at the desk.
9 SENATOR LEICHTER: Explanation.
10 ACTING PRESIDENT MEIER:
11 Senator Trunzo, an explanation has been
12 requested by Senator Leichter of Calendar
13 1409.
14 SENATOR TRUNZO: Mr. President,
15 what this bill does, under the retirement
16 incentive program that was passed in 1995 and
17 1997, the county of Suffolk must pay to the
18 state unamortized costs at an interest rate of
19 eight and a half percent. They want to go out
20 on bonding because they can bond it on their
21 own at six percent to pay back the system and
22 as a result saving $750,000 for the county in
23 interest payments.
24 SENATOR LEICHTER: Mr.
25 President, would Senator Trunzo yield?
5055
1 SENATOR TRUNZO: Yes.
2 ACTING PRESIDENT MEIER:
3 Senator Trunzo. Do you yield for a question?
4 Senator yields.
5 SENATOR LEICHTER: Senator, my
6 understanding that other counties throughout
7 the state were all caught in this situation
8 where these paybacks had to be made to the
9 pension fund; is that correct?
10 SENATOR TRUNZO: Yes.
11 SENATOR LEICHTER: Where are
12 we? If this is good for Suffolk County, why
13 isn't it good for Nassau?
14 SENATOR TRUNZO: They haven't
15 asked for it.
16 SENATOR LEICHTER: Excuse me?
17 SENATOR TRUNZO: They haven't
18 asked for it. Evidently they don't want to
19 make the change. For Suffolk County, the
20 bonding would give them a six percent rate
21 and, therefore, they want to save $750,000.
22 But some counties, I understand some counties
23 already did that in the past, but I don't know
24 which ones they are.
25 SENATOR LEICHTER: Mr.
5056
1 President, if I just may, Senator Trunzo,
2 suggest this is really the sort of thing that
3 ought to be done on a statewide basis. All of
4 these counties were required, localities were
5 required to make these pension payments. I
6 don't know whether it's to the benefit of
7 other counties to do this. I imagine it would
8 be if it's a benefit to Suffolk.
9 SENATOR TRUNZO: Apparently
10 some of them did.
11 SENATOR LEICHTER: But, Senator,
12 we represent all the people of the state of
13 New York. You do a terrific job in your
14 committee, and I mean that very sincerely.
15 Why not do it statewide? They're not required
16 under this bill, but give them that latitude.
17 SENATOR TRUNZO: Well, at this
18 point, Suffolk County asked for it, and we're
19 doing it for the county. I have no problem
20 doing a statewide bill. But this bill is -
21 SENATOR LEICHTER: My point is,
22 we are not going to sit back here and say,
23 they don't ask for it, we aren't going to do
24 it. My point is we ought to be doing these
25 things on a statewide basis.
5057
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 THE SECRETARY: Section 2.
4 This act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll.)
9 THE SECRETARY: Ayes 57.
10 ACTING PRESIDENT MEIER: The
11 bill is passed.
12 SENATOR MARCELLINO: Mr.
13 President.
14 ACTING PRESIDENT MEIER:
15 Senator Marcellino.
16 SENATOR MARCELLINO: Can we go
17 back to Calendar Number 1405, please.
18 ACTING PRESIDENT MEIER:
19 Secretary will read Calendar Number 1405.
20 THE SECRETARY: Calendar Number
21 1405, by Senator Leibell, Senate Print 7189,
22 an act to amend the New York City Charter.
23 ACTING PRESIDENT MEIER: There
24 is a home rule message at the desk.
25 SENATOR LEICHTER:
5058
1 Explanation.
2 ACTING PRESIDENT MEIER:
3 Senator Leibell, an explanation has been
4 requested of Calendar 1405, by Senator
5 Leichter.
6 SENATOR LEIBELL: Thank you,
7 Mr. President.
8 This is an act to amend the New
9 York City Charter in relation to permitting
10 fire personnel to accept other offices and to
11 repeal Section 1130 of the New York City
12 charter relating thereto.
13 Section 1 of this legislation
14 repeals Section 1130 of the City Charter, adds
15 a new Section 1130 which states that fire
16 personnel may accept other offices as long as
17 it does not interfere with his or her duty as
18 a member of the fire department. In the event
19 holding such office does interfere with his or
20 her duty to the department -- to the fire
21 department it may require such member to be on
22 a leave of absence without pay from the
23 department during the time such member holds
24 such office.
25 Currently members of the New
5059
1 York City Fire Department are precluded from
2 holding elective office. The only exception
3 to this rule is they may be elected to a
4 community or local school board. This would
5 allow them to accept any other place of public
6 trust or elective office provided, however,
7 that the fire commissioners may require this
8 member to be on leave of absence without pay
9 from the department during the time such
10 member holds such office.
11 SENATOR LEICHTER: Mr.
12 President, if Senator Leibell will yield.
13 ACTING PRESIDENT MEIER:
14 Senator Leibell, do you yield?
15 SENATOR LEIBELL: Yes.
16 ACTING PRESIDENT MEIER:
17 Senator yields.
18 SENATOR LEICHTER: Senator
19 Leibell, I realize there is a home rule
20 message from the City Council, but has the
21 fire commissioner or the mayor of the city of
22 New York given their support to this bill?
23 SENATOR LEIBELL: No, we relied
24 on this message. We have not had any
25 communication from the mayor's office on this
5060
1 one.
2 SENATOR LEICHTER: And you have
3 not received any memo in opposition either?
4 SENATOR LEIBELL: No, I have
5 not.
6 SENATOR LEICHTER: Mr.
7 President, my concern with this bill is I -- I
8 mean it's nice of you to come in and step out
9 and help the city of New York in changing its
10 Administrative Code, but with all due respect
11 maybe we'd be better off letting the City
12 Council do that together with the mayor than
13 doing it in this fashion, which is sort of an
14 end run and it just seems to me that the city
15 of New York ought to have the right to
16 determine its general policy as to whether
17 members of the uniformed services will be
18 allowed to hold public office.
19 I don't know, I -- frankly, I
20 don't have any problem if a fireman wants to
21 serve in the legislature or police officer or
22 sanitation officer, but it just seems to me
23 that that's a matter that ought to be
24 determined by the city of New York going
25 through its regular charter process for
5061
1 amending the charter instead of going and
2 doing it in this fashion. Maybe -- maybe
3 there's some reason for it that you could
4 explain to me why you are amending the City
5 Charter in this fashion.
6 SENATOR LEIBELL: Well, it was
7 -- Senator, in response to your inquiry, this
8 was requested by the Independent Firefighters
9 Association and the fact is that it came to us
10 with a home rule request which was, in effect,
11 the city's acknowledgement and imprimatur on
12 us proceeding, and this does require our
13 legislative action.
14 SENATOR LEICHTER: Well,
15 Senator Leibell, if you will yield to one more
16 question.
17 ACTING PRESIDENT MEIER:
18 Senator Leibell, do you yield to another
19 question?
20 SENATOR LEIBELL: Yes.
21 ACTING PRESIDENT MEIER:
22 Senator yields.
23 SENATOR LEICHTER: But the City
24 Charter, am I not correct, can also be amended
25 by the City Council, but then it would require
5062
1 the vote of the -- or the approval of the
2 mayor, right? They could -- they could do
3 this.
4 SENATOR LEIBELL: I'm not sure
5 whether or not they could do this.
6 SENATOR LEICHTER: Well -
7 SENATOR LEIBELL: If you're
8 sure, that's fine. All I can tell you is that
9 we have not had any communication from New
10 York City. They have not brought that to our
11 attention or requested that we not put this
12 in. In fact, we got the home rule.
13 SENATOR LEICHTER: Mr.
14 President, I -- thank you very much, Senator
15 Leibell.
16 ACTING PRESIDENT MEIER:
17 Senator Leichter, on the bill.
18 SENATOR LEICHTER: I understand
19 Senator Leibell is carrying this for an
20 association, and so on, but it's a city of New
21 York bill. It affects how the city of New
22 York governs itself. The fact that you have a
23 home rule message doesn't mean that it's gone
24 through the process that it should in the city
25 of New York where the mayor has to agree,
5063
1 where you would have the fire commissioner
2 comment if you followed the process of
3 amending the charter in the -- in the regular
4 governmental process that exists in the city
5 of New York.
6 I just think it's a wrong thing
7 to come up here in the state Legislature, and
8 in this fashion tinker with the Administrative
9 Code of the city of New York.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 2.
13 This act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll. )
18 THE SECRETARY: Ayes 57, nays
19 one, Senator Leichter recorded in the
20 negative.
21 ACTING PRESIDENT MEIER: The
22 bill is passed.
23 SENATOR MARCELLINO: Mr.
24 President.
25 ACTING PRESIDENT MEIER:
5064
1 Senator Marcellino.
2 SENATOR MARCELLINO: May we
3 move to Calendar Number 1427, please.
4 ACTING PRESIDENT MEIER:
5 Secretary will read Calendar 1427.
6 THE SECRETARY: Calendar Number
7 1427, by Senator Goodman, Senate Print 7687,
8 an act to amend the Tax Law, in relation to
9 corporate mergers.
10 SENATOR LEICHTER: Explanation.
11 ACTING PRESIDENT MEIER:
12 Senator Goodman, an explanation of Calendar
13 Number 1427 has been requested by Senator
14 Leichter.
15 SENATOR GOODMAN: Mr. President,
16 this is a Governor's Program bill, the purpose
17 of which is to remove from the Tax Law and the
18 Administrative Code of the City of New York
19 provisions relating to corporate acquisitions,
20 mergers and consolidations which are added by
21 Chapter 61 of the Laws of 1989. The bill
22 repeals various provisions penalizing corpor
23 ate acquisitions, mergers and consolidations,
24 would remove disincentives for otherwise
25 economically desirable corporate activities,
5065
1 notably parent corporations headquartered in
2 New York City or in New York State would have
3 a diminished incentive to relocate due to the
4 repeal of these provisions which could nega
5 tively impact their activities relating to
6 their corporate families. In addition, since
7 these provisions have not, in practice, been
8 applicable to a large number of transactions,
9 their repeal will not have a significant im
10 pact on the revenue, although it will reduce
11 tax compliance burdens in individual cases.
12 Mr. President, I understand
13 that there may be some question in the minds
14 of the distinguished members of the Minority
15 with regard to a bill that was passed in the
16 house recently by Senator Nozzolio, and I
17 would like to have you understand that there
18 is a distinction between his bill and ours.
19 They do not overlap totally, by any means, and
20 I would like to clarify what the areas of non
21 overlap are. The Nozzolio bill passed on
22 Monday only dealt with only three portions of
23 this bill. The Nozzolio bill deleted carry
24 forwards only in regard to acquisitions, not
25 mergers and consolidations as this bill does,
5066
1 and the Nozzolio bill does not look at how a
2 target company is looked upon by the Tax
3 Department as a subsidiary or an investment
4 income entity. Basically, therefore, the
5 Nozzolio bill does not have the comprehensive
6 coverage of this bill of which I urge passage.
7 ACTING PRESIDENT MEIER:
8 Senator Leichter.
9 SENATOR LEICHTER: If Senator
10 Goodman will yield.
11 ACTING PRESIDENT MEIER: Senator
12 Goodman, do you yield for a question?
13 SENATOR GOODMAN: I'm very
14 pleased to yield to anyone who has a full page
15 color picture in the New York Times this
16 morning.
17 SENATOR LEICHTER: Who's a
18 beatnik. Who's a beatnik.
19 SENATOR GOODMAN: I have no
20 wish to refer to such a description. It
21 certainly did not emanate from this quarter.
22 SENATOR LEICHTER: Thank you
23 very much, Senator Goodman, and thanks for
24 your explanation, and I do note that your bill
25 is much broader than Senator Nozzolio's bill.
5067
1 I don't know whether that's a plus or a minus,
2 but one initial question I have is, this bill
3 is -- as I see it is retroactive back to
4 January 1, 1998.
5 Does it thereby cover some
6 mergers or acquisitions that have occurred
7 since January 1, 1998?
8 SENATOR GOODMAN: No, it does
9 not.
10 SENATOR LEICHTER: Well, why -
11 why is the bill not being made effective as of
12 immediately or 30 days from now or 60 days
13 from now?
14 SENATOR GOODMAN: That is a
15 question which we would have to put to the
16 Governor's office. I do not know the answer,
17 Senator.
18 SENATOR LEICHTER: All right.
19 I appreciate what you say, Senator Goodman,
20 but I -- I am concerned as I was with Senator
21 Nozzolio's bill that we're trying to benefit
22 one or more specific companies, and if we're
23 selling this bill on the basis, hey, we want
24 to have this as an incentive, it certainly
25 doesn't make sense to give it retroactively to
5068
1 somebody who made that merger acquisition
2 without the incentive, but I will ask the
3 Governor next time I see him why he did that.
4 SENATOR GOODMAN: Your
5 proboscis seeks always to find a rank odor
6 emanating from certain of these items, and I
7 think this one will not have such an odor, at
8 least I trust that it will not.
9 SENATOR LEICHTER: Well, let me
10 say your bills don't, at least when you've
11 written them. Senator, I'm concerned that
12 while we may be providing these incentives for
13 mergers and acquisitions, that we're also
14 providing incentive for foreign corporations,
15 and they could be foreign not only foreign to
16 New York State and be other American
17 corporations but they could be overseas
18 corporations, to come, acquire New York
19 corporations, and not having that same
20 identification with the communities as the
21 previous owners, be much more likely to move
22 jobs out of the state of New York or move the
23 entire enterprise out of the state of New
24 York.
25 Is there any protection in your
5069
1 bill against that?
2 SENATOR GOODMAN: Senator, in
3 fact, this bill repeals many of the negative
4 tax consequences of activities which are
5 designed to undo New York State's relationship
6 with its existing resident corporations. The
7 advantage to New York State of this bill is
8 that repeal of the negative tax consequences
9 which this bill would accomplish would
10 discourage parent corporations headquartered
11 in New York from relocating to other states,
12 and these other states would not impose
13 similar negative tax consequences.
14 SENATOR LEICHTER: Well,
15 Senator -
16 ACTING PRESIDENT MEIER:
17 Senator Leichter, do you wish Senator Goodman
18 to continue to yield?
19 SENATOR LEICHTER: Yes, Mr.
20 President.
21 ACTING PRESIDENT MEIER:
22 Senator Goodman, do you yield?
23 SENATOR GOODMAN: Yes; yes, I
24 will, Mr. President.
25 ACTING PRESIDENT MEIER:
5070
1 Senator yields.
2 SENATOR LEICHTER: Senator, I
3 understand that's rationale that's being put
4 forward, but I set forth what I believe is a
5 very realistic hypothesis of foreign companies
6 coming and buying New York corporations and
7 moving then jobs and enterprises out of New
8 York State.
9 Let me ask you this question,
10 and I asked the same question of Senator
11 Nozzolio, why not condition the benefits that
12 you're providing in this bill upon maintaining
13 and continuing activity in the state of New
14 York, so yeah, we'll give you these benefits,
15 but only if you keep the jobs in New York.
16 Wouldn't that make sense?
17 SENATOR GOODMAN: Well,
18 Senator, as you know, the Governor has been
19 undertaking a concerted effort over his first
20 term to do everything in his power to keep
21 corporations that are in New York in New York
22 and to prevent a hemorrhage of corporate
23 departures, and I think this piece is simply
24 one piece of a broader strategy which
25 endeavors to accomplish that.
5071
1 May I say there are many other
2 pieces which are certainly equal to or greater
3 in their importance, such things as the basic
4 tax structure of the state in general, which
5 is designed to be a magnet for corporate
6 retention, various incentives, some of which
7 you may favor and others of which you may not
8 that would give preferment to corporations
9 which create jobs and, in general, I think
10 this has been a very robust attempt, which has
11 met with considerable success, not only in
12 keeping corporations within the state but
13 attracting corporations from outside the state
14 to come into New York for purposes of re
15 location here.
16 This relates to all sorts of
17 incentives, including hopefully various labor
18 market possibilities which are attractive to
19 them relative to other labor markets, and a
20 generally economic climate which is good and
21 growing, and in that effort I think the
22 Governor, if I may say so, deserves
23 considerable credit.
24 SENATOR LEICHTER: Senator
25 Goodman, I think it can certainly be reported
5072
1 to the Governor that you've done a stout job
2 in defending his bill, and I appreciate your
3 answers. I think you've accepted -
4 SENATOR GOODMAN: (Microphone
5 inoperative-comment inaudible).
6 SENATOR LEICHTER: O.K.
7 (Senator Goodman talking over.) Thank you very
8 much. I appreciate and understand the rhetoric
9 -- the rubric under which this bill is being
10 sold, but nobody has given me an answer and I
11 don't know if anybody here can, why we don't
12 condition and limit these benefits and credits
13 that we're giving to maintaining jobs in the
14 state of New York.
15 Doesn't that make absolutely
16 good sense to say, Fine, you want to acquire a
17 New York corporation? We're going to give you
18 tax benefits. You're going to be able to take
19 advantage of the tax credits and benefits that
20 that New York corporation has accumulated, but
21 only if you continue the operations of that
22 company in New York State? Why wouldn't we do
23 that? It seems to make every reasonable good
24 sense. Senator Goodman says, Well, this is an
25 effort to keep corporations and jobs in New
5073
1 York State. I maintain that it may have just
2 the opposite -- the opposite result and,
3 frankly, this Governor and this administration
4 have not been very successful in keeping
5 companies in New York State.
6 In some instances, certainly it
7 was beyond their power to do so, but what
8 we're doing by this sort of a job is -- by
9 this sort of a bill is limiting the revenues
10 that come to New York State that could be used
11 in, I think, much more productive ways to make
12 New York State economically competitive, to
13 create jobs, to provide education, to do those
14 things that in the long run are going to
15 create a much more economically healthy New
16 York State than we have now.
17 Just remember, this bill has a
18 cost to it, and I don't think, as I see this
19 bill, that the cost is worth it, and certainly
20 not when we fail to put in what can be such a
21 simple and basic safeguard that we're not
22 going to give you these credits unless you
23 keep the jobs in New York State.
24 Senator Goodman, I know it's
25 not your bill, but I don't think you could
5074
1 disagree with me that putting in that sort of
2 a condition saying you want the benefits, keep
3 the jobs in New York, and that ought to be
4 part of this bill.
5 Without it, I'm not going to
6 support it.
7 ACTING PRESIDENT MEIER: Read
8 the last section.
9 THE SECRETARY: Section 20.
10 This act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll. )
15 THE SECRETARY: Ayes 57, nays
16 three, Senators Leichter, Onorato and Stavisky
17 recorded in the negative.
18 ACTING PRESIDENT MEIER: The
19 bill is passed.
20 Senator Marcellino.
21 SENATOR MARCELLINO: Thank you,
22 Mr. President.
23 There will be an immediate
24 meeting of the Judiciary Committee in the
25 Majority Conference Room, Room 332.
5075
1 ACTING PRESIDENT MEIER:
2 Immediate meeting of the Judiciary Committee
3 in the Majority Conference Room, Room 332.
4 Senator Marcellino.
5 SENATOR MARCELLINO: Mr.
6 President, at this time can we call up bill
7 Calendar Number 1432.
8 THE SECRETARY: Calendar Number
9 1432, by Senator Libous, Senate Print 7714, an
10 act to amend the Public Authorities Law, in
11 relation to authorizing.
12 ACTING PRESIDENT MEIER: Read
13 the last section.
14 THE SECRETARY: Section 3.
15 This act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call
17 the roll.
18 (The Secretary called the
19 roll. )
20 THE SECRETARY: Ayes 60.
21 ACTING PRESIDENT MEIER: The
22 bill is passed.
23 Senator Marcellino.
24 SENATOR MARCELLINO: Yes,
25 Calendar Number 1434, please.
5076
1 ACTING PRESIDENT MEIER:
2 Secretary will read Calendar 1434.
3 THE SECRETARY: Calendar Number
4 1434, by the Assembly Committee on Rules,
5 Assembly Print 11151-A, an act to amend the
6 Insurance Law, in relation to continuing.
7 ACTING PRESIDENT MEIER: Read
8 the last section.
9 THE SECRETARY: Section 11.
10 This act shall take effect June 30.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll. )
15 THE SECRETARY: Ayes 60.
16 ACTING PRESIDENT MEIER: The
17 bill is passed.
18 Senator Marcellino.
19 SENATOR MARCELLINO: Can we go
20 back on the controversial calendar and call
21 the bills in order that are still remaining.
22 ACTING PRESIDENT MEIER:
23 Secretary will call the controversial calendar
24 in regular order starting with Calendar 1385.
25 THE SECRETARY: Calendar Number
5077
1 1385, substituted earlier today, by member of
2 the Assembly Vitaliano, Assembly Print 5534-A,
3 is an act to amend the Education Law and the
4 Administrative Code of the city of New York.
5 SENATOR DOLLINGER:
6 Explanation.
7 ACTING PRESIDENT MEIER:
8 Senator Trunzo, an explanation has been
9 requested by Senator Dollinger.
10 SENATOR TRUNZO: Mr. President,
11 this bill authorizes the New York State
12 Teachers' and the New York City Teachers'
13 Retirement System to provide for accelerated
14 payments of death benefits which would other
15 wise be payable to trhe retirement system upon
16 the death of a member.
17 The member would be entitled to
18 accelerated death benefits depending upon
19 diagnosis of a terminal illness defined as a
20 life expectancy of 12 months or less or a
21 medical condition requiring extraordinary care
22 regardless of life expectancy.
23 SENATOR DOLLINGER: On the
24 bill, Mr. President.
25 ACTING PRESIDENT MEIER:
5078
1 Senator Dollinger, on the bill.
2 SENATOR DOLLINGER: As I -- or
3 excuse me. If Senator Trunzo will just yield
4 to one question, so I make sure I understand
5 it.
6 ACTING PRESIDENT MEIER:
7 Senator Trunzo, do you yield to a question?
8 SENATOR TRUNZO: Yes.
9 ACTING PRESIDENT MEIER: The
10 Senator yields.
11 SENATOR DOLLINGER: My
12 understanding is that the short part of this
13 bill, the short end of it is that if you need
14 long-term care you can take accumulated
15 amounts out of your retirement funds to pay
16 for long-term care, is that correct?
17 SENATOR TRUNZO: It's -- well,
18 it says extraordinary care regardless of life
19 expectancy. I guess it could -- it's not the
20 long-term care bill which is another bill that
21 I have which you, you know, you could be
22 prepaid but I guess it could fall into that
23 category depending on the extraordinary care
24 regardless of the condition.
25 In other words, first you have
5079
1 to be determined to be terminally ill in order
2 to get this benefit, prepayment of the death
3 benefit.
4 SENATOR DOLLINGER: Through
5 you, Mr. President, I can just -- if Senator
6 Trunzo would yield to just one more question.
7 ACTING PRESIDENT MEIER:
8 Senator Trunzo, do you yield for a question?
9 SENATOR TRUNZO: Yes.
10 ACTING PRESIDENT MEIER:
11 Senator yields.
12 SENATOR DOLLINGER: The bill
13 will only allow them to use it if you have a
14 death illness, a death-impending illness; it
15 couldn't be used for long-term care.
16 SENATOR TRUNZO: I don't
17 believe so. Long-term care, unless it is in
18 the case of, you know, you're going to die so
19 it takes longer than 12 months regardless of
20 the illness, so that's where it comes into the
21 picture. I do have another bill which has
22 long-term care which you're aware of, but that
23 bill has not come out yet.
24 SENATOR DOLLINGER: Right.
25 Again through you, Mr. President, I'm just
5080
1 calling your attention to page 2, line 52
2 through 54, it says "a medical condition of a
3 long and continued and indefinite duration,
4 requiring extraordinary care or treatment,
5 regardless of life expectancy."
6 Would that include long-term
7 care?
8 SENATOR TRUNZO: With a serious
9 illness, not necessarily long-term care
10 because long-term care doesn't necessarily
11 mean a serious illness.
12 SENATOR DOLLINGER: O.K. Well,
13 in reading this bill, Senator Trunzo, one of
14 the reasons why I stood up to just ask that
15 question in clarification, is what I thought
16 the bill would do is because long-term care,
17 for example dementia, Alzheimer's Disease, any
18 one of the long-term disabilities would be a
19 medical condition of a long, continued and in
20 definite duration and it was my under -- my
21 hope that, in reading that section along with
22 this bill, that that would allow someone to
23 get the benefit for purposes of long-term
24 care.
25 SENATOR TRUNZO: It could,
5081
1 required extraordinary care.
2 SENATOR DOLLINGER: O.K.
3 Through, Mr. President, that's my hope.
4 SENATOR TRUNZO: I hope so too.
5 SENATOR DOLLINGER: My hope is
6 -- and just on the bill. I'm going to vote
7 in favor of this and urge everyone to vote for
8 it.
9 I think the more that we can do
10 to allow people to use whatever resources
11 they've accumulated in their life, whether
12 it's a retirement benefit or whole life
13 insurance -- I carry a bill that allows you to
14 invade your whole life insurance prior to your
15 death to pay for long-term care, so that we
16 reduce our dependence on the Medicaid system
17 as the tool for financing long-term care and I
18 would just -- I commend this bill.
19 I would only encourage you,
20 Senator Trunzo, if you came up with similar
21 language and applied it to all of our pension
22 systems, not just the teachers' retirement but
23 our whole entire state pension system, we'd be
24 in a position where we could take a very good
25 idea and make it an even better one.
5082
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 THE SECRETARY: Section 2.
4 This act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll.)
9 THE SECRETARY: Ayes 60.
10 Excuse me. Ayes 59, nays one, Senator Kuhl
11 recorded in the negative.
12 ACTING PRESIDENT MEIER: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1390, by Senator Spano, Senate Print 5573-A,
16 an act to amend the General Municipal Law, in
17 relation to bureaus of administrative
18 adjudication.
19 SENATOR ONORATO: Explanation.
20 SENATOR MARCELLINO: Lay it
21 aside temporarily.
22 ACTING PRESIDENT MEIER: Lay
23 the bill aside temporarily.
24 THE SECRETARY: Calendar Number
25 1392, by Senator Skelos, Senate Print 6201, an
5083
1 act to amend the Domestic Relations Law and
2 the Penal Law, in relation to the suspension.
3 ACTING PRESIDENT MEIER: Read
4 the last section.
5 SENATOR ONORATO: Explanation.
6 SENATOR MARCELLINO: Lay the
7 bill aside temporarily, Mr. President.
8 ACTING PRESIDENT MEIER: Lay it
9 aside temporarily.
10 THE SECRETARY: Calendar Number
11 1412, by Senator Holland, Senate Print 7571,
12 an act to amend the Education Law, in relation
13 to extending.
14 SENATOR ONORATO: Explanation.
15 ACTING PRESIDENT MEIER:
16 Senator Holland, an explanation has been
17 requested of Calendar Number 1412 by Senator
18 Onorato.
19 SENATOR HOLLAND: Mr.
20 President, there are two school districts.
21 One school district is relatively small and
22 has a non-existent building aid reimbursement,
23 and a high school. The second school district
24 has no high school, a higher building aid
25 reimbursement.
5084
1 The two school districts have
2 been working together for 18 years and now
3 they want to build a high school, so we're
4 changing a law to say that the district with
5 the low building aid, Tuxedo, will get some of
6 the building aid from the higher district and
7 that the law will be changed to allow them to
8 sign a contract for 15 years rather than the
9 law today is two to five years.
10 SENATOR DOLLINGER: Through
11 you, Mr. President, Senator.
12 ACTING PRESIDENT MEIER:
13 Senator Dollinger.
14 SENATOR DOLLINGER: Senator, I
15 was having a small communication -
16 ACTING PRESIDENT MEIER:
17 Senator Dollinger, would you indulge both me
18 and, more importantly, the rules and go
19 through the Chair.
20 Do you wish the Senator to
21 yield?
22 SENATOR DOLLINGER: I
23 apologize, Mr. President. I do.
24 ACTING PRESIDENT MEIER:
25 Senator, do you yield to a question from
5085
1 Senator Dollinger?
2 SENATOR HOLLAND: I do, Mr.
3 President.
4 SENATOR DOLLINGER: Through the
5 President -
6 ACTING PRESIDENT MEIER:
7 Senator yields.
8 SENATOR DOLLINGER: Could you
9 identify the two school districts that are
10 involved in this bill?
11 SENATOR HOLLAND: One is Tuxedo
12 and the other was Greenwood Lake.
13 SENATOR DOLLINGER: I didn't
14 hear that.
15 SENATOR HOLLAND: Greenwood
16 Lake.
17 SENATOR DOLLINGER: Thank you,
18 Mr. President. No objection.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call
24 the roll.
25 (The Secretary called the
5086
1 roll.)
2 THE SECRETARY: Ayes 60.
3 ACTING PRESIDENT MEIER: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1414, by Senator Balboni, Senate Print 7614,
7 an act to permit the sale or lease of Pond
8 View Homes.
9 ACTING PRESIDENT MEIER: Read
10 the last section.
11 THE SECRETARY: Section 3.
12 This act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call
14 the roll.
15 (The Secretary called the
16 roll. )
17 THE SECRETARY: Ayes 60.
18 ACTING PRESIDENT MEIER: The
19 bill is passed.
20 SENATOR ONORATO: Explanation,
21 please.
22 ACTING PRESIDENT MEIER:
23 Senator Onorato, the bill is passed. You'd
24 have to move for reconsideration, sir.
25 SENATOR ONORATO: Mr.
5087
1 President, I make a motion to reconsider the
2 vote by which this was taken.
3 ACTING PRESIDENT MEIER: Call
4 roll on reconsideration.
5 (The Secretary called the roll
6 on reconsideration. )
7 THE SECRETARY: Ayes 60.
8 SENATOR ONORATO: We're laying
9 this bill aside for Senator Leichter, and the
10 Senator is now in Judiciary. This is another
11 LL bill.
12 SENATOR MARCELLINO: Lay the
13 bill aside temporarily.
14 ACTING PRESIDENT MEIER: Bill
15 will be laid aside temporarily.
16 THE SECRETARY: 1415, by
17 Senator Alesi, Senate Print 7633, an act to
18 amend the Local Finance Law, in relation to
19 establishing.
20 ACTING PRESIDENT MEIER: Read
21 the last section.
22 SENATOR ONORATO: Explanation.
23 ACTING PRESIDENT MEIER:
24 Senator Alesi, an explanation has been
25 requested of Calendar 1415 by Senator
5088
1 Onorato.
2 SENATOR ALESI: 1415, O.K. Yes,
3 Mr. President, this bill establishes a period
4 of probable usefulness or useful life of 25
5 years for an above-ground aircraft fuel farm
6 located at the Greater Rochester International
7 Airport.
8 SENATOR DOLLINGER: Mr.
9 President, if Senator Alesi will yield to a
10 question.
11 ACTING PRESIDENT MEIER:
12 Senator Alesi, Senator Dollinger requests you
13 to yield.
14 SENATOR DOLLINGER: Just -
15 SENATOR ALESI: It would be the
16 first time in six years, Mr. President, but I
17 consider it a privilege.
18 ACTING PRESIDENT MEIER:
19 Senator Alesi yields.
20 SENATOR DOLLINGER: Through
21 you, Mr. President, could you just tell me
22 why, and I hadn't seen this bill until this
23 morning. Why -- what is there about this
24 current useful life period that requires us to
25 do that? I know it establishes a 25-year
5089
1 period, but what's the current useful life and
2 why do we need to change it?
3 SENATOR ALESI: Senator, as you
4 know, in most cases where bonding is necessary
5 for a project such as these, a useful life has
6 to be established so that it ties in with the
7 sale of the bonds, and at the end of this year
8 the EPA has told the county of Monroe or the
9 Greater Rochester International Airport that
10 these fuel tanks have to be in compliance and
11 the way to make them in compliance is to build
12 new ones.
13 SENATOR DOLLINGER: Just one
14 final question, Mr. President.
15 ACTING PRESIDENT MEIER:
16 Senator Alesi, do you continue to yield?
17 SENATOR ALESI: Yes.
18 ACTING PRESIDENT MEIER:
19 Senator yields.
20 SENATOR DOLLINGER: How much is
21 the amount of the bonding that's anticipated
22 to be done for these?
23 SENATOR ALESI: I don't know
24 that.
25 SENATOR DOLLINGER: Thank you,
5090
1 Mr. President.
2 ACTING PRESIDENT MEIER: Read
3 the last section.
4 THE SECRETARY: Section 2.
5 This act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call
7 the roll.
8 (The Secretary called the
9 roll.)
10 THE SECRETARY: Ayes 60.
11 ACTING PRESIDENT MEIER: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1421, by Senator Velella, Senate Print 7653,
15 an act to amend the Insurance Law, in relation
16 to continuing.
17 SENATOR ONORATO: Explanation.
18 SENATOR MARCELLINO: Lay it
19 aside temporarily.
20 ACTING PRESIDENT MEIER: Lay
21 the bill aside temporarily.
22 THE SECRETARY: Calendar Number
23 1425, by Senator Alesi, Senate Print 7672, an
24 act to amend the Personal Property Law, in
25 relation to the Motor Vehicle Retail Leasing
5091
1 Act.
2 ACTING PRESIDENT MEIER: Read
3 the last section.
4 THE SECRETARY: Section 7.
5 This act shall take effect immediately.
6 SENATOR ONORATO: Lay it aside,
7 please.
8 SENATOR MARCELLINO: Lay the
9 bill aside temporarily.
10 SENATOR SEWARD: Mr. President.
11 ACTING PRESIDENT MEIER:
12 Senator Seward.
13 SENATOR SEWARD: Yes, if we
14 could briefly return to motions.
15 SENATOR MARCELLINO: We'll
16 request that you go back to motions and
17 resolutions, Mr. President. Recognize Senator
18 Seward.
19 ACTING PRESIDENT MEIER: We'll
20 return to the order of motions and
21 resolutions.
22 Senator Seward.
23 SENATOR SEWARD: Mr. President,
24 on behalf of a very distinguished member of
25 this house, Senator Meier.
5092
1 ACTING PRESIDENT MEIER: I know
2 him.
3 SENATOR SEWARD: I'm pleased to
4 move to amend Senate Bill 6760-A by striking
5 out the amendments made on June 12th and
6 restoring it to its original print number,
7 6760.
8 ACTING PRESIDENT MEIER: So
9 ordered.
10 SENATOR MARCELLINO: Mr.
11 President.
12 ACTING PRESIDENT MEIER:
13 Senator Marcellino.
14 SENATOR MARCELLINO: May we
15 return to reports of standing committees. I
16 believe you have a report of the Finance
17 Committee at the desk. May it be read?
18 ACTING PRESIDENT MEIER: We'll
19 return to the order of reports of standing
20 committees.
21 The Secretary will read.
22 THE SECRETARY: Senator
23 Stafford, from the Committee on Finance,
24 reports the following nomination:
25 Member of the New York State
5093
1 Olympic Regional Developmental Authority,
2 Arthur S. Spiegel, of Rouses Point.
3 SENATOR STAFFORD: Move
4 confirmation, please.
5 ACTING PRESIDENT MEIER: The
6 question is on the confirmation of Arthur S.
7 Spiegel as a member of the New York State
8 Olympic Regional Developmental Authority.
9 All those in favor signify by
10 saying aye.
11 (Response of "Aye.")
12 Opposed nay.
13 (There was no response. )
14 The nomination is confirmed.
15 Secretary will read.
16 THE SECRETARY: As members of
17 the Central New York Regional Transportation
18 Authority, Stanton W. Bryant, of Auburn;
19 Vincent A. Cook, of Syracuse; John C. Hession,
20 of Syracuse; and Vincent A. O'Neil, Esq., of
21 Syracuse.
22 ACTING PRESIDENT MEIER:
23 Senator Stafford.
24 SENATOR STAFFORD: Move
25 confirmation.
5094
1 ACTING PRESIDENT MEIER:
2 Question is on the confirmation of Stanton
3 Bryant, Vincent A. Cook, John C. Hession and
4 Vincent A. O'Neil as members of the Central
5 New York Regional Transportation Authority.
6 All those in favor signify by
7 saying aye.
8 (Response of "Aye.")
9 Opposed nay.
10 (There was no response.)
11 The nominations are confirmed.
12 Secretary will read.
13 THE SECRETARY: As a member of
14 the Rochester-Genesee Regional Transportation
15 Authority, Frank Carpenter, of Rochester.
16 SENATOR DOLLINGER: Mr.
17 President, just to be heard on that one
18 briefly.
19 ACTING PRESIDENT MEIER: Let's
20 get the nomination on the floor first.
21 Senator Stafford.
22 SENATOR STAFFORD: Move
23 confirmation.
24 ACTING PRESIDENT MEIER:
25 Senator Dollinger.
5095
1 SENATOR DOLLINGER: Mr.
2 President, I don't know Mr. Carpenter. I
3 regret that I don't know him, because he's
4 seeking appointment to the Greater Rochester
5 Transit Authority, the regional transit
6 authority.
7 About 75 percent of the people
8 who ride on the buses run by RGRTA live in my
9 district, never heard from Mr. Carpenter,
10 never contacted me as the member who
11 represents most of the people that ride on
12 these buses.
13 I note in his brief biography
14 there's not one thing in it that suggests he's
15 had ever one thing to do with transportation.
16 I'd point out to my colleagues on the Finance
17 Committee that wouldn't automatically
18 disqualify him from serving, but nonetheless,
19 I think it at least raises a question as to
20 what background he does have that would
21 qualify him to be on the RGRTA.
22 I'd also point out again an
23 interesting question. Mr. Carpenter has lived
24 in Rochester for less than seven years and
25 he's being appointed to this important
5096
1 commission which runs our transit authority.
2 I'm just disappointed whoever
3 is in charge of the appointments, whether it's
4 locally or down on the second floor, they
5 don't have the courtesy to send to a member
6 who's intimately affected by an appointment,
7 the candidate and they don't even ask him to
8 call him on the phone.
9 I don't know what the members
10 of this body believe about the courtesy and
11 respect due to a Senator, but it seems to me a
12 minimal level -- a minimal level would require
13 that someone who seeks appointment to a board
14 or commission that this body has confirmation
15 power over would at least call the Senator
16 who's most affected by this decision and
17 introduce himself, explain his background and
18 give some information.
19 I would ask all my colleagues
20 to vote against this appointment to send a
21 message that this is not the right way to do
22 these type of appointments in the future.
23 ACTING PRESIDENT MEIER:
24 Question is on the confirmation of Frank
25 Carpenter as a member of the Rochester-Genesee
5097
1 Regional Transportation Authority.
2 All those in favor signify by
3 saying aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (Three hands are raised.)
7 The nomination is confirmed.
8 The record will indicate Senator Dollinger's
9 and Senator Santiago in opposition.
10 Secretary will continue to
11 read.
12 THE SECRETARY: As a member of
13 the Ogdensburg Bridge and Port Authority,
14 Margaret Gladwin McEwen, of Ogdensburg.
15 SENATOR STAFFORD: Move
16 confirmation, please.
17 ACTING PRESIDENT MEIER:
18 Question is on the confirmation of Margaret
19 Gladwin McEwen as a member of the Ogdensburg
20 Bridge and Port Authority.
21 All those in favor signify by
22 saying aye.
23 (Response of "Aye.")
24 Opposed nay.
25 (There was no response.)
5098
1 The nominee is confirmed.
2 The Secretary will continue to
3 read.
4 THE SECRETARY: As a member of
5 the State Council on the Arts, Noreen Reale
6 Falcone, of Skaneateles.
7 SENATOR STAFFORD: Move
8 confirmation, please.
9 ACTING PRESIDENT MEIER:
10 Question is on the confirmation of Noreen
11 Reale Falcone as a member of the State Council
12 on the Arts.
13 All those in favor signify by
14 saying aye.
15 (Response of "Aye.")
16 Opposed, nay.
17 (There was no response.)
18 The nomination is confirmed.
19 Senator Marcellino, that's all
20 of the -
21 SENATOR STAFFORD: Move
22 confirmation, please.
23 SENATOR MARCELLINO: Mr.
24 President, if we could stand at ease moment
25 arily because we have to wait for the
5099
1 Judiciary people to come back.
2 ACTING PRESIDENT MEIER: Senate
3 will stand at ease.
4 SENATOR MARCELLINO: Which I
5 believe they are almost now.
6 (The Senate stood at ease from
7 12:17 to 12:25 p.m.)
8 ACTING PRESIDENT KUHL: The
9 Senate will come to order. Ask the members to
10 find their places, staff to find their
11 places.
12 Senator Marcellino.
13 SENATOR MARCELLINO: Mr.
14 President, may we return to the order of
15 reading the reports of standing committees.
16 I understand there's a report
17 of the Judiciary Committee at the desk. I ask
18 that it be read now.
19 ACTING PRESIDENT KUHL: We'll
20 return to the order of reports of standing
21 committees. There is a report of the
22 Judiciary Committee at the desk. I'll ask the
23 Secretary to read.
24 THE SECRETARY: Senator Lack,
25 from the Committee on Judiciary, reports the
5100
1 following nomination:
2 As a Justice of the Supreme
3 Court for the First Judicial Department, Leona
4 L. Leo, of New York County.
5 ACTING PRESIDENT KUHL: Chair
6 recognizes Senator Lack.
7 SENATOR LACK: Mr. President -
8 I'm sorry Senator Goodman. I'll get to you in
9 about ten seconds.
10 Mr. President, I rise to move
11 the nomination of Leona L. Leo as a Justice of
12 the Supreme Court of the First Judicial
13 District, on the nomination of the Governor.
14 Ms. Leo's credentials have been
15 examined by the staff of the Committee, found
16 certainly in order. She appeared before the
17 committee earlier this afternoon, was
18 unanimously moved to the floor, and I'm very
19 privileged to yield for purposes of a second
20 to Senator Goodman.
21 ACTING PRESIDENT KUHL: Chair
22 recognizes Senator Goodman on the nomination.
23 SENATOR GOODMAN: Mr.
24 President. Mr. President, I deem it a
25 privilege and a great pleasure and a very high
5101
1 honor indeed, to be able to speak to the
2 nomination of Ms. Leona L. Leo who is before
3 us for consideration for appointment to the
4 Supreme Court.
5 May I say to you I've known Ms.
6 Leo for a number of years very well indeed,
7 and have observed her in action both as a
8 civic leader and as a member of the very
9 important staff of the Appellate Division
10 where, since 1983, she has occupied a
11 principal position as an appellate court
12 attorney. Her work has encompassed research
13 and analysis of questions and issues of civil,
14 criminal and family law, preparation of
15 reports and confidential memoranda on appeals
16 and motions for the justices of the court,
17 where she has evaluated and has presented
18 applications for interim relief to the hearing
19 justices after discussion with counsel.
20 Her record is an impressive
21 one. She has received her Juris Doctor degree
22 from the Brooklyn Law School in 1975 where she
23 is an Associate Editor of the Law Review, is a
24 member of the Moot Court Honor Society and
25 enjoyed a number of other honors that were
5102
1 bestowed upon her. She was also in the Who's
2 Who among students of American colleges and
3 universities.
4 She received her Master of Arts
5 Degree from St. John's in 1965, a Bachelor's
6 Degree from the Mount St. Vincent School -
7 College in Riverdale, and then went on to work
8 as a teacher in the Patchogue-Medford School
9 District which means that she has sentimental
10 links to Senators -- several Senators from
11 Long Island who are in this chamber at the
12 moment.
13 She also worked for the eminent
14 law firm of Cohen & Dyckman in Brooklyn from
15 1975 to 1982, and at that point went on to
16 various other assignments; and may I say to
17 you, Mr. President, that from time to time she
18 has been evaluated by the New York City Bar
19 Association and found to be highly qualified
20 and was also endorsed in an earlier run for
21 this position by the New York Times.
22 This is an individual of the
23 highest caliber. Her integrity is absolutely
24 sterling. Her intellectuality is of the very
25 highest level. She is a person who cares
5103
1 deeply about individual people and individual
2 problems and will make a sensitive and caring
3 Justice of the Supreme Court, which is one of
4 the most powerful judicial positions within
5 the state of New York and indeed in the
6 nation.
7 I'd remind you that the Supreme
8 Court has the power to mete out the highest
9 forms of penalties in criminal matters and to
10 deal with the most sensitive and extensive
11 cases in civil litigation, and thus it's with
12 a sense of deep confidence and a great deal of
13 joy that I ask the Senate to unanimously
14 approve the nominee who is of the highest
15 caliber and an individual I know will serve us
16 with great distinction and will honor the
17 public with the degree of dedication and
18 involvement in the issues of the day.
19 Mr. President, she is out
20 standing in every way, and it is with
21 unreserved enthusiasm that I urge her approval
22 within the very near future in this chamber.
23 Thank you very much.
24 ACTING PRESIDENT KUHL: Senator
25 Gold.
5104
1 SENATOR GOLD: Thank you, Mr.
2 President.
3 I have to correct Senator
4 Goodman in one little item. When you say this
5 is one of the most powerful positions, right
6 now she's a staff person at the Appellate
7 Division, and that's power. I know what it is
8 to be staff, but I did receive some calls from
9 judges and, as I've said on so many occasions,
10 when it comes to the judiciary, my admiration
11 does go to the Governor. I have had arguments
12 with him on other appointments, but he really
13 has made an effort, I believe, to elevate the
14 caliber of people in the judiciary and
15 certainly this appointment goes right along
16 with it.
17 The judges who I've spoken to
18 eagerly await this confirmation, so that
19 Justice Leo can start to work in the
20 courtroom, and I believe that, from my point
21 of view as a working lawyer, I want somebody
22 who not only has an academic background but
23 someone who has compassion, understands what
24 litigants go through and what lawyers go
25 through, and I find that Justice Leo is a
5105
1 delightful lady that is not only bright but
2 does understand what the courts are about and
3 their function in society.
4 So it is with a deep sense of
5 pride that I would second this nomination.
6 ACTING PRESIDENT KUHL: Is
7 there any other Senator wishing to speak on
8 the nomination?
9 (There was no response.)
10 Hearing none, the question is
11 on the nomination of Leona L. Leo, of New York
12 County, as a justice of the Supreme Court for
13 the First Judicial Department. All those in
14 favor of the nomination signify by saying
15 aye.
16 (Response of "Aye".)
17 Opposed, nay.
18 (There was no response.)
19 The nominee is unanimously
20 confirmed.
21 We're very, very pleased to
22 have Leona Leo with us. Justice Leo, welcome
23 to the chamber. Congratulations and good
24 luck.
25 Also, accompanying Justice Leo
5106
1 is her sister and niece, Ginger and Tracy
2 Cocoman and a cousin Holly Waugh and a friend
3 Clare Laurine. Welcome also to the chamber.
4 The Secretary will continue to
5 read.
6 THE SECRETARY: Senator Lack,
7 from the Committee on Judiciary, reports the
8 following nomination:
9 As a judge of the Court of
10 Claims, Daniel Martin, of Huntington.
11 ACTING PRESIDENT KUHL: The
12 Chair recognizes Senator Lack.
13 SENATOR LACK: Thank you, Mr.
14 President.
15 I rise again to move the
16 nomination of Daniel Martin of Huntington, who
17 has been nominated to the Court of Claims by
18 the Governor.
19 Dan Martin's background as an
20 attorney in the town of Huntington has been
21 thoroughly looked into by the staff of the
22 Judiciary Committee. Since I also practice in
23 Huntington, it was interesting to be able to
24 get to read the comments of fellow
25 practitioners in the town about my long-time
5107
1 colleague in the practice of law in the town,
2 Dan Martin.
3 They all unanimously approved
4 his move to the Court of Claims, had the
5 highest things to say about his ability to
6 serve as a judge in that court in either the
7 civil or criminal terms -- terms of the
8 court.
9 Dan Martin and I served as
10 assistant district attorneys in Suffolk County
11 together back in the early '70s. Recently
12 he's been the town leader of the town
13 Republican Party in the town of Huntington,
14 which is also my hometown.
15 He appeared before the
16 Committee earlier this afternoon, was
17 unanimously moved to the floor. He has
18 received the highest accolades from the
19 Governor's screening committee to be a judge
20 of the Court of Claims, and I personally would
21 like to congratulate Dan and his wife Ellen
22 and his son, Dan, who, of course, are in our
23 chambers today but for purposes of a full and
24 complete biography on Dan Martin and his
25 attributes as an attorney, Mr. President, I
5108
1 would respectfully yield to Senator
2 Marcellino.
3 ACTING PRESIDENT KUHL: The
4 Chair recognizes Senator Marcellino, on the
5 nomination.
6 SENATOR MARCELLINO: Thank you,
7 Mr. President.
8 I rise with pleasure to
9 nominate Dan Martin who has been an old
10 friend. Since I moved -- since the district
11 moved into the town of Huntington, about 40
12 percent of my Senate District includes the
13 town of Huntington.
14 Dan is the, as was said by my
15 colleague, Senator Lack, the Republican
16 leader, and I give him no small amount of
17 credit for my being elected and re-elected to
18 this particular position. In spite of that,
19 our colleagues on the other side will probably
20 vote for him anyway, but I rise with pride, as
21 I said earlier.
22 Danny is more than qualified.
23 He's well qualified. He's got one attribute
24 that I consider to be an absolute necessity
25 for someone to be a member of the judiciary
5109
1 and that is humility. He's not afraid to
2 admit when he is wrong. He is not afraid to
3 seek advice and to seek counsel from others
4 and he is not one to put down contrary
5 opinions. I consider that a laudable
6 attribute for someone moving into this very
7 important position.
8 It is a pleasure to second his
9 nomination. I know he will serve the people
10 of the state of New York well, and I wish him
11 well and I wish his family well.
12 Danny, congratulations,
13 Godspeed and good luck.
14 ACTING PRESIDENT KUHL: Is
15 there any other Senator wishing to speak on
16 the nomination?
17 (There was no response.)
18 Hearing none, the question is
19 on the nomination of Daniel Martin of
20 Huntington as a judge of the Court of Claims.
21 All those in favor of the nomination signify
22 by saying aye.
23 (Response of "Aye".)
24 Opposed, nay.
25 (There was no response.)
5110
1 The nominee is unanimously
2 confirmed.
3 Judge Martin, welcome to the
4 chamber. Congratulations and good luck.
5 (Applause)
6 Also joining Judge Martin are
7 his wife Ellen and his son Daniel. Perhaps
8 they would like to stand up so we can say
9 hello to them. Welcome to the chamber.
10 (Applause)
11 The Chair recognizes Senator
12 Marcellino.
13 SENATOR MARCELLINO: Mr.
14 President, may we return to the reading of the
15 controversial calendar and call up Bill Number
16 1390, please.
17 ACTING PRESIDENT KUHL: We'll
18 return to the controversial calendar. The
19 Secretary will read Calendar Number 1393 -
20 excuse me. 1390?
21 SENATOR MARCELLINO: 1390.
22 ACTING PRESIDENT KUHL: Thank
23 you.
24 THE SECRETARY: Calendar Number
25 1390, by Senator Spano, Senate Print 5573-A,
5111
1 an act to amend the General Municipal Law, in
2 relation to bureaus.
3 SENATOR PATERSON: Explanation.
4 SENATOR SPANO: Mr. President.
5 ACTING PRESIDENT KUHL: Senator
6 Spano, an explanation has been requested by
7 Senator Dollinger on Calendar Number 1390.
8 SENATOR SPANO: This is a local
9 bill for the city of Yonkers that will allow
10 them to create a bureau of administrative
11 adjudication for certain code and ordinance
12 violations.
13 The reason they're asking for
14 this is because the City Court has become
15 really overburdened with the prosecution of
16 many of the minor city code and ordinance
17 violations, such as false alarms and code
18 enforcement fines and the court would be more
19 like a hearing process comprised -- this court
20 would be more like a hearing process comprised
21 of hearing officers.
22 There's over $80,000 in code
23 enforcement fines that are uncollected right
24 now in the city of Yonkers because the City
25 Court is overburdened with these type of
5112
1 quality of life issues.
2 The city of Buffalo has a
3 similar court. Yonkers passed a home rule
4 message on this and that's why it's before us.
5 ACTING PRESIDENT KUHL: There
6 is a home rule message at the desk. The
7 Secretary will read the last section.
8 THE SECRETARY: Section 2.
9 This act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 60.
15 ACTING PRESIDENT KUHL: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1392, by Senator Skelos, Senate Print 6201, an
19 act to amend the Domestic Relations Law and
20 the Penal Law.
21 SENATOR PATERSON: Explanation.
22 ACTING PRESIDENT KUHL: Senator
23 Skelos, an explanation of 1392 has been
24 requested.
25 SENATOR SKELOS: Mr. President,
5113
1 this bill extends the provisions of Chapter
2 644 of the Laws of 1996 relating to the
3 suspension or revocation of a firearm license
4 to matrimonial actions pursuant to the
5 Domestic Relations Law.
6 SENATOR DOLLINGER: Mr.
7 President, I have -- I'm going to vote in
8 favor of this bill. I think on previous
9 occasions I have voted in favor of this bill.
10 However, I do have an amendment, Mr.
11 President, that I would propose, an amendment
12 that we have brought before this house on
13 several prior occasions, although I don't
14 believe in this session.
15 ACTING PRESIDENT KUHL: Senator
16 Dollinger, I appreciate that. Generally a
17 member of the house is recognized before
18 they're allowed to talk. An explanation has
19 been requested by Senator Paterson and
20 normally that would trigger him having the
21 floor, and so I would just point out to you
22 that -
23 SENATOR DOLLINGER: I'm out of
24 order, Mr. President.
25 ACTING PRESIDENT KUHL: While
5114
1 this is the next to last day of session, you
2 are just a touch out of order and I would
3 bring that to your attention.
4 Senator Paterson, did you wish
5 to continue with the questioning?
6 SENATOR PATERSON: Mr.
7 President, I thought that the distinguished
8 Deputy Majority Leader gave me an excellent
9 explanation, one that is probably -- will take
10 -- I'll take with me through the summer and
11 think over from time to time, but certainly I
12 have no further questions at this time.
13 ACTING PRESIDENT KUHL: Senator
14 Dollinger.
15 SENATOR DOLLINGER: Thank you,
16 Mr. President.
17 I -- this was a bill that I
18 believe we may have considered before, at
19 least the underlying bill for which this is an
20 extension, but I have an amendment before,
21 which I believe has been served, that I would
22 ask that the reading of the amendment be
23 waived and that I be heard -- allowed to be
24 heard on the amendment.
25 SENATOR SKELOS: Mr. President.
5115
1 ACTING PRESIDENT KUHL: May I
2 make just a -- Senator Skelos, why do you
3 rise?
4 SENATOR SKELOS: Would Senator
5 Dollinger yield? Could you -- is this the
6 assault weapons amendment?
7 SENATOR DOLLINGER: Yes, it is,
8 Mr. President, through you.
9 SENATOR SKELOS: Mr. President,
10 if this bill is amended, most likely at this
11 time in the session, there will not be time to
12 pass the bill.
13 If Senator Dollinger's
14 amendment proceeds and is passed by the Senate
15 chamber and -- I'm going to lay the bill
16 aside. It's unfortunate that Senator
17 Dollinger wants to politicize this type of
18 legislation which is necessary to protect
19 women from domestic violence, use of handguns
20 in domestic violence. So please lay this bill
21 aside.
22 ACTING PRESIDENT KUHL: At the
23 request of the sponsor, the bill is laid
24 aside.
25 SENATOR DOLLINGER: Can I be
5116
1 heard or is the bill -- is it out of order?
2 ACTING PRESIDENT KUHL: The
3 bill is in control of the sponsor, Senator
4 Dollinger, and he's requested that it be laid
5 aside. So the bill will be laid aside. You
6 may want to talk about this privately with
7 Senator Skelos about your proposal. The bill
8 is laid aside.
9 The Secretary will continue to
10 read the controversial calendar.
11 THE SECRETARY: Calendar Number
12 1414, by Senator Balboni, Senate Print 7614,
13 an act to permit the sale or lease.
14 SENATOR MARCELLINO: Mr.
15 President, lay that bill aside for the day at
16 the request of the sponsor.
17 ACTING PRESIDENT KUHL: Lay the
18 bill aside for the day.
19 The Secretary will continue to
20 read.
21 THE SECRETARY: Calendar Number
22 1421, by Senator Velella, Senate Print 7653,
23 an act to amend the Insurance Law.
24 SENATOR PATERSON: Explanation.
25 SENATOR MARCELLINO: Mr.
5117
1 President, we're trying to get Senator Velella
2 right now. He's at the door. He's moving
3 towards the door. He's been delayed
4 momentarily. He is currently leaning towards
5 the door. Should be passing through the door
6 momentarily. Somebody closed the door on him
7 and he is here, sir. Okay.
8 ACTING PRESIDENT KUHL: Senator
9 Velella, an explanation of Calendar Number
10 1421 has been requested by the Acting Minority
11 Leader, Senator Paterson.
12 SENATOR VELELLA: As soon as I
13 find it, Mr. President. Yes, Mr. President.
14 I'm sorry I didn't have the file handy. This
15 is an Insurance Department bill to extend for
16 three years until June 30th, 2001 the file and
17 use and other rating provisions to implement
18 file and use for commercial lines insurance
19 such as commercial auto insurance,
20 professional liability and public entities.
21 It is not private auto policy
22 rating. It is for only commercial use.
23 ACTING PRESIDENT KUHL: Senator
24 Paterson?
25 SENATOR GOLD: Mr. President.
5118
1 ACTING PRESIDENT KUHL: Senator
2 Gold, why do you rise?
3 SENATOR GOLD: Will the Senator
4 yield to just one question?
5 SENATOR VELELLA: Yes.
6 SENATOR GOLD: Senator, my only
7 question is why are we doing an extender with
8 some of these and not just making it
9 permanent? Is there a reason?
10 SENATOR VELELLA: The idea is
11 we're doing it for three years so we can take
12 a look at the rating system, if it's working
13 well, if it continues to function well and
14 then the Legislature will either decide to
15 make it permanent, decide to make an
16 alteration and just an opportunity to take a
17 look in three years how the system is
18 working.
19 SENATOR GOLD: Will the Senator
20 yield to just one more question?
21 SENATOR VELELLA: Sure.
22 ACTING PRESIDENT KUHL: The
23 Senator yields.
24 SENATOR GOLD: Senator, when
25 did we put in this system? When was it
5119
1 initially put it, the system where it was
2 extended.
3 SENATOR VELELLA: Probably
4 since I have been here, I can remember we have
5 done one or two extenders for two years. So
6 probably somewhere about four or six years.
7 SENATOR GOLD: Well, Senator,
8 the last question, if you don't mind, my
9 understanding, Senator, is that we look at
10 every law every year, otherwise we could go
11 out of business. We want to make sure that -
12 SENATOR VELELLA: Job
13 preservation is an important part of the
14 business.
15 SENATOR GOLD: I agree with
16 you. We look at all of the laws to make sure
17 that they're up to date. I don't know why we
18 pick one or two and we do it just by
19 extension. Obviously if we made it permanent
20 and it was no idea, we could eliminate it.
21 SENATOR VELELLA: Well, you
22 know, it's a legitimate critique of how we do
23 business here in the state. However, I think
24 it's a good opportunity to sort of let us
25 police it a little more strongly. We might
5120
1 tend not to look at things as in-depth as we
2 do when an extender comes up and they have to
3 be renewed. As you know, the financial market
4 fluctuates very strongly. We're in a down
5 cycle; we're in an up cycle. Those have
6 effects on the rates and the ability of people
7 to pay them. Earnings of companies ought to
8 be evaluated periodically and if we make it
9 permanent, some other legislators in the
10 future, not necessarily the ones that are here
11 now, might not be as diligent as you are,
12 Senator Gold, and they might not look at this
13 as closely.
14 So we say let's let them look
15 at it closely by having to act on it in three
16 years and make an evaluation.
17 SENATOR GOLD: Thank you.
18 SENATOR VELELLA: You're
19 welcome.
20 ACTING PRESIDENT KUHL: Is
21 there any other Senator wishing to speak on
22 this bill?
23 Senator Gentile.
24 SENATOR GENTILE: Yes. I
25 believe there's an amendment at the desk.
5121
1 ACTING PRESIDENT KUHL: Senator
2 Gentile, there is an amendment at the desk.
3 SENATOR GENTILE: I would ask
4 that you waive the reading and allow me to
5 explain.
6 ACTING PRESIDENT KUHL: We will
7 waive the reading. You're now afforded the
8 opportunity to explain the amendment.
9 SENATOR GENTILE: Thank you,
10 Mr. President.
11 I believe that in extending -
12 the opportunity now in extending the auto
13 insurance flex rating gives us an obligation
14 to acknowledge that the auto insurance rates
15 in the state of New York, according to a New
16 York State Assembly report and the NYPIRG
17 report, are the second highest auto premium
18 rates in the nation, and I think we would be
19 derelict in our duties if in extending the
20 auto flex insurance rating that we did not in
21 some way address that issue of auto insurance
22 rates in this -- in this state. As the rates
23 -- the auto insurance premiums in the rest of
24 this country are coming down, the auto
25 insurance rates in New York are going up.
5122
1 Indeed, if our colleagues in New Jersey do
2 what they speak of and attack their insurance
3 rates in the state of New Jersey, we in this
4 state will become the state with the highest
5 auto insurance premiums in the country, not
6 the second but the highest, and as auto
7 premiums are going higher, they are increasing
8 faster than the justified claims experience in
9 this state. The claims experience does not
10 justify the rate at which auto premiums are
11 rising in this -- in New York and insurance
12 profits are also increasing here in New York
13 faster than anywhere in the country.
14 So, Mr. President, my amendment
15 would -- to Senator Velella's bill would
16 attach some consumer-related provisions to
17 Senator Velella's bill that would help New
18 Yorkers in dealing through this morass of auto
19 insurance premiums.
20 Particularly my amendment, Mr.
21 President, would create an independent office
22 of the insurance consumer advocate and the
23 insurance consumer advocate would be required
24 to assess the impact of insurance rates, rules
25 and regulations on auto insurance.
5123
1 It would also require the
2 Superintendent of Insurance to appear -- the
3 advocate to appear before the Superintendent
4 of Insurance in matters regarding insurance
5 rates for the advocate to recommend
6 legislation to appear or intervene as a party
7 on behalf of consumers in proceedings.
8 My amendment, Mr. President,
9 would also enhance the Insurance Department
10 Consumer Information Bureau. The
11 Superintendent of Insurance under my amendment
12 would be required to maintain the database
13 containing auto insurance rate information and
14 complaint rankings for all companies licensed
15 to do business here in New York and that will
16 -- that will allow consumers to access on a
17 more regular basis comparison shopping of auto
18 insurance premiums.
19 In addition, my amendment would
20 put some teeth into the existing excess profit
21 law. We do have an insurance excess profit
22 law on the books but it's not enforceable.
23 It's not being enforced at this point.
24 My amendment would require the
25 Superintendent of Insurance to, on an annual
5124
1 basis, conduct an investigation or
2 recalculation of insurer excess profits and to
3 hold public hearings and report to the
4 legislator -- the Legislature on this
5 profitability that the insurance companies are
6 now recording and it would also require the
7 Superintendent to hire an independent auditor
8 to audit the auto insurance profits and report
9 those findings to this body, but most
10 important, Mr. President, I think my amendment
11 does a very interesting thing, that attacks
12 the auto insurance premiums in this state
13 immediately and it does that, Mr. President,
14 by allowing the flex band for adjusting the
15 rating on insurance companies to decrease. It
16 allows the decrease in insurance rates to go
17 down to ten percent. Right now no prior
18 approval is needed for decreases or increases
19 in insurance premiums up to seven percent. It
20 could decrease by seven percent, increase by
21 seven percent. Within that range, there is no
22 prior approval needed.
23 I am proposing in my amendment
24 that we allow decreases to be as much as ten
25 percent to allow that flexibility to have
5125
1 insurance companies decrease their rates by as
2 much as ten percent but at the same time
3 suspend the use of the flex rating for rate
4 increases -- for any rate increase over a
5 two-year period and that would require all
6 increases above the present rates to gain -
7 to need prior approval.
8 So this will be -- this will be
9 a challenge to the auto -- to the insurers
10 that they can decrease their rates up to ten
11 percent but if they want to increase those
12 rates, they have to show the need for it by
13 getting prior approval. This is a -- this is
14 sort of a spin on the flex system, but it
15 attacks the insurance premiums now that we're
16 faced with.
17 And the reason we need this in
18 19... from the period 1990 to 1996, New York
19 -- the average auto insurance premiums
20 increased in New York by 36 percent while the
21 insurance industry costs went up by 12
22 percent.
23 In the country -- compared to
24 the country, countrywide premiums increased 20
25 percent, close, and the rise in costs for
5126
1 insurance companies was 18 percent. Here we
2 have a discrepancy in this state of costs
3 going up by 12 percent for insurers but
4 premiums going up by 36 percent in this state.
5 In New York the average auto
6 insurance premium last year or 1996 was $1113
7 compared to the national average of $774.
8 Drivers in my section of Brooklyn, the area
9 that I represent in Brooklyn, pay an average
10 of $3,034 a year in insurance premiums.
11 Outrageous. Absolutely outrageous. And that
12 is why this amendment is so important, Mr.
13 President.
14 Indeed, the NYPIRG report found
15 that insurer profits are higher in New York
16 State. The profit margins in New York were 60
17 percent compared to 12 percent nationwide.
18 It's clear that we need to do
19 some work on auto insurance premiums in this
20 state. We can adjust and extend the rating
21 system but at the same time we need to attack
22 the insurance premiums themselves. Right now
23 here in this amendment, we can do that and it
24 would be an appropriate attachment to Senator
25 Velella's bill.
5127
1 SENATOR VELELLA: Mr.
2 President, will the Senator yield to a
3 question?
4 ACTING PRESIDENT KUHL:
5 Senator, do you yield?
6 SENATOR VELELLA: Senator, the
7 numbers on which you're basing your statement
8 that insurance rates are up and that increases
9 are prevailing, are those the 1996 numbers
10 that were issued by the Assembly, the
11 two-year-old numbers?
12 SENATOR GENTILE: They were the
13 NYPIRG numbers and New York Assembly reports.
14 SENATOR VELELLA: Yeah. Those
15 are two years old. Those are the latest
16 numbers available.
17 Senator, if I were to tell you
18 that this year right now, there are seven rate
19 applications pending before the Insurance
20 Department to reduce auto rates and that two
21 already have been granted and that they exceed
22 the numbers of the flex rating, would that
23 change your mind as to the status that we're
24 in right now that insurance companies are
25 increasing premiums rather than decreasing
5128
1 premiums?
2 SENATOR GENTILE: Well, I
3 think, Senator, it's very interesting that
4 reductions -- applications for reductions of
5 this type come subsequent to reports from
6 NYPIRG and the Assembly.
7 SENATOR VELELLA: If they -
8 would you yield to another question. If the
9 reductions were filed before the report, would
10 that change your mind?
11 SENATOR GENTILE: Well, the
12 fact is they were filed after the report,
13 Senator, and -
14 SENATOR VELELLA: I'm asking a
15 hypothetical question.
16 ACTING PRESIDENT KUHL:
17 Gentlemen, gentlemen, let me interject here.
18 I know in spirited debate this time of the
19 year is always a lot of fun and it's certainly
20 thrilling for those of us who are sitting and
21 listening, but if you could go through the
22 Chair in accordance with the rules, it would
23 be most appreciated.
24 SENATOR VELELLA: Will the
25 Senator yield to a question? I stand
5129
1 corrected.
2 ACTING PRESIDENT KUHL: Do you
3 yield to another question?
4 SENATOR GENTILE: Yes.
5 ACTING PRESIDENT KUHL: The
6 Senator yields.
7 SENATOR VELELLA: Listen
8 carefully. If I'm telling you those
9 applications were in before the Assembly
10 report, before the NYPIRG report and are in
11 the process of being granted, seven
12 applications before the reports, two already
13 granted before the reports, would that change
14 your thinking about where rates are going in
15 New York State?
16 SENATOR GENTILE: Well, as I
17 say to you -
18 SENATOR VELELLA: Simple. Yes
19 or no.
20 SENATOR GENTILE: No, no, no.
21 I believe I have the opportunity to respond to
22 you, Senator, and I ask you to listen clearly
23 too, and I think that the fact that rates are
24 coming down around the country are a good
25 thing and certainly by this amendment where we
5130
1 would not allow rates to go higher but we
2 would allow rates to go lower without prior
3 approval is also codifying what we want to see
4 happen in this state. We will now codify by
5 statue what we want to see happen in this
6 amendment by allowing rates to go down, not
7 allowing rates to go up and, frankly, as the
8 numbers show, the rates are going down faster
9 everywhere else in the country except New York
10 State.
11 So I think -- I think the word
12 has gone out to the insurance companies. We
13 now -- and what I hope to do by this amendment
14 is to codify that. They can go down by ten
15 percent. They cannot go up with prior
16 approval.
17 SENATOR VELELLA: Will the
18 Senator yield to another question?
19 SENATOR GENTILE: Yes.
20 ACTING PRESIDENT KUHL:
21 Senator, do you yield?
22 SENATOR VELELLA: Are the
23 numbers you're using when you say that rates
24 are going down all around the country
25 two-year-old figures also, the same thing like
5131
1 you're using here in New York or are they
2 current figures?
3 SENATOR GENTILE: My
4 information, Senator, is that the 1997 numbers
5 show less than one percent difference in the
6 1996 numbers for New York State and that
7 brings me back to my point that the rates are
8 going down faster everywhere else but the
9 state of New York.
10 SENATOR VELELLA: In 1996?
11 SENATOR GENTILE: I'm saying to
12 you, Senator, that the numbers in 1997 for New
13 York show only a one percent difference.
14 SENATOR VELELLA: Between
15 what? One percent difference.
16 SENATOR GENTILE: 1996.
17 SENATOR VELELLA: Between which
18 states?
19 SENATOR GENTILE: New York.
20 SENATOR VELELLA: Which state?
21 SENATOR GENTILE: What I am
22 saying to you, Senator, between 1996 and 1997,
23 the information that I have is that the
24 numbers for New York State are only one
25 percent difference, which indicates to me that
5132
1 the rates are going down faster everywhere
2 else but New York State.
3 SENATOR VELELLA: Will the
4 Senator yield to another question?
5 ACTING PRESIDENT KUHL:
6 Senator, do you continue to yield?
7 SENATOR GENTILE: I will yield.
8 SENATOR VELELLA: If you had
9 this privileged information since 1997, why
10 would you cite to the Senate the statistics of
11 1996? If you have some new numbers, they
12 ought to be shared because my understanding is
13 that '97 and '98, we are leading the way and
14 Jersey, which did a 15 percent reduction,
15 followed our lead and copied our law to try
16 and bring rates down in New Jersey.
17 So, I don't know, if you have
18 these numbers from '97, I would be happy to
19 take look at these because you're probably
20 going to do this amendment in the next day or
21 two on the right bill. This is a commercial
22 bill. We have a rate bill coming up for
23 private auto, and I don't want to raise the
24 technical objections so we can get this over
25 with now, but you'll probably bring it up
5133
1 again when we do the bill that should be
2 amended.
3 Why wouldn't you give us the
4 numbers that you had, the most current numbers
5 in 1997? Why would you use the old numbers?
6 SENATOR GENTILE: Senator, if I
7 might, I think we're splitting hairs here, and
8 I think the real issue that we're all trying
9 to get to is the fact that the rates in New
10 York State have been too high and, Senator, I
11 think you agree with that. I don't think you
12 would take an adversarial position or an
13 adverse position on that one. The rates in
14 this state have been too high.
15 This amendment codifies what we
16 have been trying to do, to allow the rates to
17 go down but requiring approval on any rate
18 increases, and so whatever report or numbers
19 you're talking about, I think we're splitting
20 hairs between 1996 and 1997.
21 The fact remains that New York
22 State has done an abysmal job up 'til now in
23 getting the rates down. This amendment and
24 your extension will help in that path.
25 SENATOR VELELLA: Would he
5134
1 yield for one final question?
2 ACTING PRESIDENT KUHL: Senator
3 Gentile.
4 SENATOR GENTILE: One final
5 question.
6 ACTING PRESIDENT KUHL: The
7 Senator yields.
8 SENATOR VELELLA: Senator,
9 would you just briefly explain to me why you
10 feel your amendments on the managed care issue
11 are going to have this dynamic impact and what
12 it is on the managed care issues that you're
13 changing for New Yorkers that's not the law
14 now in your amendment?
15 SENATOR GENTILE: Well, first
16 of all, by creating an insurance consumer
17 advocate will have some -
18 SENATOR VELELLA: Mr.
19 President, point of order. If you don't want
20 to answer the question, don't answer the
21 question. The question is what are you doing
22 with managed care, not consumer advocate.
23 SENATOR GENTILE: You're asking
24 me about this amendment.
25 SENATOR VELELLA: Managed care.
5135
1 SENATOR GENTILE: I'm asking
2 you about this amendment. What I'm saying to
3 you is this amendment has several parts to
4 it. I don't know if you read this amendment,
5 Senator, but it has -- in addition -- in
6 addition to the flex rate, it creates a
7 consumer advocate in the Insurance
8 Department. The Superintendent of Insurance
9 is directed to create a consumer advocate. So
10 that is something that will add to the
11 protection for the consumer.
12 It creates the -- it creates
13 the teeth in the excess profit law that we
14 don't have now. There's no enforcement of it
15 and in addition creates the flex band for the
16 decrease but not the increase in insurance
17 rates.
18 So, therefore, Senator, it does
19 add additional protections and drives the
20 rates in the way we want them to go.
21 SENATOR VELELLA: I have to ask
22 another question. Maybe I can try another
23 way. Will you yield for one more?
24 ACTING PRESIDENT KUHL: Senator
25 Gentile, do you continue to yield?
5136
1 SENATOR GENTILE: Try again.
2 ACTING PRESIDENT KUHL: The
3 Senator continues to yield.
4 SENATOR VELELLA: I understand
5 flex rating. I understand consumer advocate.
6 I understand all the other elements. I'll try
7 and make it simple. What are you doing in
8 managed care that's going to save the consumer
9 money? Explain to me what the difference is
10 that you're talking about that you're going to
11 save money for the ratepayers by your changes
12 in managed care? I don't see them here. I
13 would like to see. Maybe I'm not reading it
14 correctly. What are you changing?
15 SENATOR GENTILE: Well, if
16 you're saying what are we changing, we're
17 changing the flex rating, for example. We're
18 not allowing -- in this amendment the rating
19 is not allowed to increase. It can be
20 decreased by ten percent, not allowed to
21 increase and there in and of itself, Senator,
22 that's one aspect of this -- of this amendment
23 and in and of itself, that will save money,
24 will send the message to the insurance
25 companies that this is the way this
5137
1 Legislature, this state wants to go. It
2 allows them to reduce it by ten percent.
3 SENATOR VELELLA: Thank you,
4 Senator.
5 On the bill, Mr. President.
6 ACTING PRESIDENT KUHL: On the
7 bill or on amendment, Senator?
8 SENATOR VELELLA: On the
9 amendment. I'm sorry.
10 ACTING PRESIDENT KUHL: Senator
11 Velella, on the amendment.
12 SENATOR VELELLA: Mr.
13 President, while this amendment, while it
14 sounds great, it will do great things for a
15 press release, is first of all amending the
16 wrong bill. It deals with commercial
17 insurance and we'll have the auto bill and you
18 probably will see this again, but the sponsor
19 doesn't even know what's in the bill.
20 He's talking about two-year-old
21 figures. He's talking about managed care
22 which he can't explain. He talks about flex
23 rating of ten percent and seven percent, which
24 is already the law. We can do this.
25 Companies can reduce premiums or increase
5138
1 premiums as much as they want. This is not
2 just a battery of ideas that we say you just
3 flex rate and there's no justification. You
4 file an increase or a decrease. All these
5 numbers have to be justified. If it's more
6 than seven percent, if it's ten percent, that
7 has to be justified.
8 So this is a lot of whitewash,
9 a lot of publicity, a lot of rhetoric. It
10 accomplishes nothing. The sponsor can't tell
11 us what he's doing with managed care to let
12 this bill -- or this amendment have any effect
13 on the rates.
14 It sounds great, the old
15 cliches. Let's appoint a consumer advocate.
16 We'll have a big office with staff, with a lot
17 of people in it and he'll save 300 million.
18 He'll save 600 million. Fictitious numbers.
19 They are not going to save anything.
20 That is why New Jersey copied
21 the New York State laws. New Jersey copied
22 our laws to get a 15 percent reduction in
23 insurance rates for their auto users. They
24 didn't copy another state. They copied New
25 York because we have been doing the job.
5139
1 Sure, auto insurance rates are high and sure
2 we're going to have to deal with fraud. That
3 is probably one of the bigger issue.
4 We're going to deal with a
5 couple of other issues too and we need to fix
6 them, and I agree with you. We probably are
7 paying too much in the city of New York, but
8 let me tell you, this amendment is nothing
9 more than political rhetoric. The sponsor
10 doesn't even know what's in it.
11 I think we ought to soundly
12 defeat it.
13 ACTING PRESIDENT KUHL: Is
14 there any other Senator wishing to speak on
15 the amendment?
16 (There was no response.)
17 The question is on the
18 amendment. All those in favor signify by
19 saying aye.
20 SENATOR PATERSON: Party vote
21 in the affirmative.
22 ACTING PRESIDENT KUHL: The
23 Secretary will call the roll.
24 (The Secretary called the
25 roll.)
5140
1 ACTING PRESIDENT KUHL: Record
2 the party line vote.
3 THE SECRETARY: Ayes 25, nays
4 35, party vote.
5 ACTING PRESIDENT KUHL: The
6 amendment is lost.
7 On the bill.
8 SENATOR HOLLAND: Read the last
9 section.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 6.
13 This act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call
15 the roll.
16 (The Secretary called the
17 roll.)
18 THE SECRETARY: Ayes 60.
19 ACTING PRESIDENT KUHL: The
20 bill is passed.
21 Senator Holland.
22 SENATOR HOLLAND: Would you do
23 Senator Alesi's bill.
24 ACTING PRESIDENT KUHL: The
25 Secretary will continue to read the
5141
1 controversial calendar.
2 THE SECRETARY: Calendar Number
3 1425, by Senator Alesi, Senate Print 7672, an
4 act to amend the Personal Property Law, in
5 relation to the Motor Vehicle Retail Leasing
6 Act.
7 ACTING PRESIDENT KUHL: Senator
8 Paterson, why do you rise?
9 SENATOR PATERSON: Mr.
10 President, may we have an explanation from
11 Senator Alesi on that bill.
12 ACTING PRESIDENT KUHL: Senator
13 Alesi, an explanation of Calendar Number 1425
14 has been requested by Senator Paterson, the
15 Acting Minority Leader.
16 SENATOR ALESI: Thank you, Mr.
17 President.
18 This bill simply harmonizes
19 language between federal regulations and state
20 regulations so as to provide less confusion
21 for those people who are leasing vehicles. It
22 is a consumer protection bill. It is
23 supported by car dealers as well as consumer
24 groups as well as the Attorney General's
25 office.
5142
1 ACTING PRESIDENT KUHL: Senator
2 Paterson.
3 SENATOR PATERSON: Thank you,
4 Mr. President.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 7.
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 60.
14 ACTING PRESIDENT KUHL: The
15 bill is passed.
16 Senator Holland.
17 SENATOR HOLLAND: Mr.
18 President, there will be a Rules Committee
19 meeting in Room 332 at 1:15.
20 ACTING PRESIDENT KUHL: There
21 will be almost an immediate Rules Committee
22 meeting in Room 332, the Majority Conference
23 Room, at 1:15. A Rules Committee meeting in
24 the Majority Conference Room, Room 332, at
25 1:15.
5143
1 Senator Holland.
2 SENATOR HOLLAND: Mr.
3 President, can we return to the reports of
4 standing committees and do the Finance
5 Committee report.
6 ACTING PRESIDENT KUHL: We'll
7 return to the reports of standing committees.
8 I'll ask the Secretary to
9 continue to read the report of the Finance
10 Committee which is at the desk.
11 THE SECRETARY: Senator
12 Stafford, from the Committee on Finance,
13 reports the following nomination:
14 As a member of the Board of
15 Trustees of the City University of New York:
16 Kathleen M. Pesile, of Staten Island.
17 ACTING PRESIDENT KUHL: Senator
18 Santiago, on the nomination.
19 SENATOR SANTIAGO: Yes, Mr.
20 President, to explain my vote.
21 ACTING PRESIDENT KUHL: Do you
22 want to just explain your vote, Senator
23 Santiago, or would you like to speak on the
24 nomination.
25 SENATOR SANTIAGO: Yes. Can I
5144
1 explain my vote?
2 ACTING PRESIDENT KUHL: As soon
3 as we get to a roll call. Any other member
4 wishing to speak on the nomination?
5 Senator Stavisky.
6 SENATOR STAVISKY: May I remain
7 seated, Mr. President?
8 ACTING PRESIDENT KUHL:
9 Certainly. Certainly, Senator.
10 SENATOR SANTIAGO: I will not
11 be supporting this -- this nomination. This
12 morning at both the Higher Education Committee
13 and at the Finance Committee meeting the
14 nominee did not respond correctly to the
15 question about remedial education.
16 It's probably the most
17 important question that in New York City, the
18 CUNY system, probably the most difficult plan
19 that has ever had to be designed and it's
20 probably the most controversial plan that
21 anyone has had to design for the city of New
22 York.
23 I think that anyone who reads
24 the New York Times, as the nominee said that
25 she read, would have read the proposed plan
5145
1 and the adopted plan. So I expected that at a
2 minimum she would have an opinion on the plan
3 because that plan affects all the children of
4 the city of New York and particularly it
5 affects the population that I represent and
6 people like myself, people of color, black
7 people, Puerto Rican people, minority people
8 and immigrants.
9 CUNY is now a system that it
10 appears to me is primarily made up of minority
11 students, people like myself. It was very,
12 very difficult to listen to her and to hear
13 her say that she was going to study and to
14 become familiar with the issues that are
15 affecting the city of New York and the
16 children of New York City because those
17 children are our children, and it appeared to
18 me -- and I apologize in advance if it's
19 disrespectful, but it appeared to me that she
20 was going to study the problem of remediation,
21 whether the plan was a good plan or not a good
22 plan when it's already in effect and she was
23 going to do that on the backs of black, Puerto
24 Rican and Latino and minority students.
25 That's totally unacceptable.
5146
1 I understand that a member -- a
2 person who is going to be appointed -- I
3 understand clearly that a person who is going
4 to be appointed doesn't have to know the full
5 range of issues that impact that committee. I
6 understand that. I accept that, but this is
7 probably the only issue that is controversial
8 and is really important.
9 She didn't come prepared to
10 address that issue and she should have
11 expected -- I have to assume that she must
12 have looked at who sat on that committee, at
13 the Higher Education Committee, and she must
14 have seen that a Puerto Rican from Brooklyn
15 sat on that committee and that I sit on it
16 proudly and that I sit on it on behalf of all
17 the children of the city of New York and the
18 state of New York.
19 So it was very disappointing.
20 I really don't think she had the knowledge
21 base on the most important question affecting
22 our community, and I really would appreciate
23 it if she would study the issue, and I will
24 not support it again because I also don't
25 think she understands that it's not an issue
5147
1 of quality education. It's an issue of access
2 to education and what we have always
3 requested, all of us, minority students,
4 minority people like myself, we've never asked
5 to change standards. It's not a standards
6 question. It has nothing to do with
7 excellence, but it has everything to do that I
8 want the opportunity to fail and if you deny
9 me the opportunity to fail, I will fight you
10 every step of the way and, as you well know, I
11 really stand up and I feel very strongly about
12 this.
13 You cannot deny people the
14 right to an education and this is what this
15 plan means and for her not to have an opinion,
16 even if we disagreed, even if we disagreed,
17 that was acceptable. What was not acceptable
18 is lack of knowledge, and she didn't know what
19 the issue was at all.
20 Thank you, Mr. President.
21 ACTING PRESIDENT KUHL: The
22 Chair recognizes Senator Marchi.
23 SENATOR MARCHI: Mr. President,
24 we had a very productive meeting this morning
25 with Kathleen Pesile and she was most
5148
1 responsive and most effective in addressing
2 all of the myriad issues that confront a
3 nominee.
4 She has a unique background
5 that I think is not matched, or if it is
6 matched, it is certainly not inferior to
7 anybody on that board that serves now.
8 As a matter of fact, I think
9 it's a very enviable array of experiences
10 taken in their aggregate for someone of her
11 stature to become part of a collegial body,
12 making important decisions that affect
13 millions of young men and women who are
14 seeking higher education to advance themselves
15 and to also participate in the crying needs
16 that New York City needs for people with
17 higher educational standards.
18 She addressed the fact that
19 certainly we should have from the City
20 University the satisfaction of knowing that
21 their diploma, their degree, is not going to
22 be undermined or diluted because it will
23 contain within itself the mastery of subject
24 matter and the mastery of people who will be
25 interested in utilizing their services.
5149
1 She was born in a minority
2 background. She was on welfare, the family.
3 She was in public housing at the time, fully
4 aware and fully sensitive to the needs of the
5 total population to have that opportunity
6 and -
7 SENATOR GOLD: Mr. President.
8 Mr. President.
9 ACTING PRESIDENT KUHL: Senator
10 Gold, why do you rise?
11 SENATOR GOLD: Mr. President, I
12 don't mean to interrupt my distinguished
13 colleague, but I've heard a rumor that perhaps
14 there was an indication that there might be a
15 Rules meeting called around 1:15. Since there
16 are members on Rules who want to be involved
17 in this, I would just urge that perhaps while
18 we're debating this, the powers that be could
19 hold the Rules Committee meeting. Perhaps you
20 can communicate that. I would be very
21 grateful.
22 Senator Marchi, I apologize for
23 that.
24 SENATOR MARCHI: Thank you,
25 Senator.
5150
1 ACTING PRESIDENT KUHL: Senator
2 Marchi.
3 SENATOR MARCHI: So these are
4 very important considerations that cannot be
5 taken lightly and they were not taken lightly
6 by the members who participated in the Finance
7 Committee meeting.
8 The information and questions
9 were elicited from a number of members, both
10 sides of the aisle, all of them, in their
11 aggregate, and I communicated this to the
12 nominee, contributed to things that she ought
13 to be hearing and to give her a broader
14 vision, as wide as this -- as she has now, of
15 the problems that we'll be facing.
16 Now, let me just review very
17 briefly Kathleen Pesile's background. She's a
18 resident of my county and she's an adjunct
19 professor. She's had that experience, but let
20 me lead up to that. She has been head of this
21 financial group, Pesile Financial Group. She
22 has been a financial consultant, International
23 Banking Program of the American Bankers
24 Association. She has been vice-president of
25 Global Markets and Mergers and Acquisitions
5151
1 for J.P. Morgan & Company. She has been
2 Capital Cities/ABC-Securities Data Division
3 vice-president.
4 She has an impressive
5 background academically. Graduated summa cum
6 laude from Staten Island College, went to
7 Baruch and received her Master's with a magna
8 cum laude characterization of her work and
9 academic work there, and she's a doctoral
10 candidate in international affairs at New York
11 University.
12 I might point out that in her
13 service with J.P. Morgan, she had traveled
14 around 43 different countries and has an
15 excellent -- has an excellent background of
16 international dimensions.
17 So these are experiences that
18 are very, very valid -- one who came through
19 the system, one who professed in our presence
20 that had it not been for the opportunities
21 that she enjoyed at the City University, at
22 Baruch, the sum total of this experience
23 having an impact that certainly led her to
24 exercise important responsibilities.
25 As an adjunct professor, I know
5152
1 for a fact that she has helped students out of
2 time, her own time, to bridge gaps that she
3 has helped student graduates from the City
4 University in preparing resumes, to maximize
5 the strengths that they were presenting with
6 their degree. This all adds up to a
7 tremendous interest and concern with the
8 results and the effect that it has on the
9 nominee.
10 Now, the questions that were
11 asked and that produced at least one comment,
12 maybe more, were all advanced very decorously
13 and with the greatest sincerity by people who
14 were for and against and it's -- she raised
15 the question, Mr. President, that some issues
16 should stand on a full record, not on a
17 newspaper article, not on questions that might
18 be asked or volunteered but by interaction in
19 a governing board, and this is very, very
20 important. Absent that, you don't have an
21 informed judgment. You don't have a judgment
22 that's going to be influencing the total
23 thinking of that body. She has these factors
24 working in her favor. She has the respect of
25 faculty. She has the respect of students.
5153
1 She has the respect of the total community.
2 Questions were made about
3 knowing what the facts are and how the
4 response should be. I brought out an argument
5 that one of our governors, Governor Nelson
6 Rockefeller, who did -- was a tremendous
7 Governor, maybe one of the greatest who ever
8 lived -- but had made a promise that there
9 would be no new taxes. I was challenged on
10 that and I said I would not support it until I
11 saw a budget and it would be wrong to
12 prejudge, but it turned out that the following
13 year we didn't have proposals for new taxes
14 but we did have proposals for a dramatic
15 increase in fees that exceeded any increase in
16 taxes.
17 I did close my remarks in
18 committee with the example of Edmond Burke.
19 Edmond Burke said that you owe your industry
20 and judgment to the people that you're
21 representing and that you -- you render them a
22 distinct disservice if you subject that to any
23 other consideration, and I think that's a good
24 maxim, Mr. President. I think it's a
25 principle that's shared by Kathleen Pesile
5154
1 simply because she has the intelligence and
2 the experience necessary to make a
3 difference. Her presence will make a
4 difference and will enrich that body at a time
5 when the times are difficult.
6 So I think, Mr. President, we
7 have an excellent candidate to consider. Her
8 interests are not just academic. They're not
9 just economic, academic, social. They're also
10 cultural. A member of the board of directors
11 of the Staten Island Symphony, member of other
12 organizations that are in her -
13 ACTING PRESIDENT KUHL: Senator
14 Marchi.
15 SENATOR MARCHI: -- in her
16 recitation.
17 ACTING PRESIDENT KUHL: Senator
18 Marchi.
19 SENATOR MARCHI: Yes.
20 ACTING PRESIDENT KUHL: May I
21 interrupt you?
22 Senator Gold, for the benefit
23 -- a response to your request and also to all
24 of the members, I have been informed by the
25 Majority Leader that the Rules Committee will
5155
1 be held until after this confirmation debate
2 is concluded.
3 SENATOR GOLD: Thank you so
4 much.
5 ACTING PRESIDENT KUHL: In an
6 effort to try to cooperate and facilitate the
7 end of session. Certainly you recognize
8 that.
9 Thank you for indulging the
10 interruption, Senator Marchi.
11 SENATOR MARCHI: Thank you, Mr.
12 President.
13 So I recommend -- I don't take
14 my words lightly here on the floor. I voted
15 for measures that were not generally favorable
16 -- favored by a majority of the members.
17 I've tried to exercise that responsibility
18 seriously, but this is not a difficult
19 decision. This is an easy lift because of the
20 tremendous and superb qualities that she
21 brings to her proposed nomination.
22 So with the greatest respect to
23 the members who had questions that deserved
24 some answers, I believe that response was
25 earnest, sincere and commendable. She said
5156
1 I'll be willing to come back and tell you
2 every jot and tittle of my position on any
3 number of issues that demand that kind of
4 inquiry and thank God she has it.
5 She is an individual that can
6 deliver that kind of interest, that kind of
7 concern with the objective -- stated objective
8 of maximizing opportunity in the city of New
9 York and those others who come into the City
10 University, to give them the greatest
11 opportunity possible in achieving their
12 objectives academically.
13 So, Mr. President, I don't
14 think I've ever been prouder of a nomination
15 of this nature than I have of this one and I
16 think it's been a very good nomination. I
17 think that she brings those qualities in a
18 rich array no matter what facet, a family
19 woman, all of the qualities that I think would
20 endear us to someone who's highly desirable as
21 a member of the CUNY board.
22 So, Mr. President, I move the
23 confirmation of this nomination and trust and
24 hope that it will receive your commendation
25 and your support.
5157
1 SENATOR GOLD: Mr. President.
2 ACTING PRESIDENT KUHL: Senator
3 Gold, why do you rise?
4 SENATOR GOLD: Seeking your
5 attention to speak when it's my turn.
6 ACTING PRESIDENT KUHL: We have
7 a list going, Senator Gold.
8 SENATOR GOLD: I thought I was
9 on it.
10 ACTING PRESIDENT KUHL: There
11 are several members ahead of you. Senator
12 Stavisky is next.
13 Senator Stavisky on the
14 nomination. Certainly, sir, you may remain
15 seated.
16 SENATOR STAVISKY: I attended
17 the meeting of the Higher Education Committee
18 and as the ranking Minority member of that
19 committee, I want to share with you my
20 perception of the candidate.
21 We are not gauging anyone who
22 is unfamiliar with the issue. We are
23 responding to a request by the Governor to
24 have an appointee who agrees with his position
25 on affirmative action and on access to the
5158
1 higher education community.
2 I believe in standards. I am a
3 product of City College at a time when
4 standards were exceptionally high, when
5 members of government, when people who
6 excelled in education, in business, in labor
7 were in attendance at that institution and
8 there were more Ph.D.s from City College and
9 the other senior colleges than any institution
10 in the country could produce.
11 There were members of the Nobel
12 laureates, and I believe that it is a proud
13 tradition which should be respected.
14 Nevertheless, we are not qualifying her on the
15 basis of her affiliations, on the basis of her
16 background in finance, which admittedly is
17 exemplary, or in business. We are dealing
18 with a candidate who will have to vote on the
19 issues of access.
20 I believe that there will be a
21 chilling effect on access if we go along with
22 the position taken by the CUNY trustees and we
23 asked her, give us your reaction to the
24 proposal to deny any remediation at the senior
25 colleges and she gave us the conclusion that
5159
1 she could not judge at this time.
2 Why do we have to judge at this
3 time someone who has no opinion on access, on
4 affordability, on all of the issues that make
5 attendance at CUNY so important?
6 If we do not have clear answers
7 from her as to what her views are, forget the
8 views of anyone else, what her views are on
9 the question of remediation at the senior
10 colleges, then why should we be rushed to
11 judgment, simply to provide another vote for
12 this? I think not.
13 I'm asking my colleagues to
14 vote no in order to postpone a decision which
15 is being made without adequate information.
16 When asked her views on other
17 issues, on the issue of -- on the issue of
18 privatization, again she said she didn't have
19 enough information. She could not give us a
20 view of her own.
21 Why then do we rush to provide
22 a confirmation for someone who has not
23 bothered to know what her views are on issues
24 such as access, affordability, privatization
25 and other issues that are before the SUNY
5160
1 trustees?
2 We have an obligation to the
3 City University board to make certain that we
4 are not empowering an individual on the basis
5 of an estimate but rather a basis on what her
6 views are, and I think that we should not be
7 rushed to judgment unless she herself shares
8 with us her views on these issues.
9 I predict that if we are
10 prevented from offering remediation at any
11 level, including the senior colleges, it will
12 be a sorry day for the City University of New
13 York. We will be gambling with the future of
14 CUNY. We will be gambling with the future of
15 the -- of the institution and also the future
16 of the city.
17 We are all products of
18 immigration. We're all products of offers
19 that can make for a very difficult decision,
20 and I would not wish to saddle the City
21 University trustees or the City University
22 with a person who is being pushed for
23 appointment simply because she agrees with the
24 Governor's position on this issue.
25 We have a right to know what
5161
1 her position is on such issues, of access, of
2 the opportunity for people who need the City
3 University of New York in order to fulfill
4 their destiny and we have an obligation to
5 know what the impact of privatization will
6 mean. We have not been given a clear-cut
7 answer to any of these questions and we cannot
8 go with hunches. We cannot go with
9 projections as to what she is thinking of if
10 she cannot tell us clearly, definitively what
11 her views are on these issues.
12 And so, my colleagues, with no
13 disrespect to the sponsors, with no disrespect
14 to Senator Marchi, I ask you to evaluate this
15 candidate. She has not any views on
16 remediation at senior colleges. She has no
17 familiarity with what this means in terms of
18 access for ethnic minorities and other
19 minorities. She has no understanding of what
20 these issues mean in the reality of the City
21 University of the city of New York.
22 I ask you not to go so fast.
23 Give her the time to learn and then to respond
24 and then when she has time to learn and
25 respond, I think it's time enough for us to
5162
1 make a judgment regarding her.
2 So I ask for a vote of no
3 because I believe that she will do a
4 disservice to the access and availability of
5 free higher education or relatively a free
6 higher education in the city of New York, and
7 I believe that we should go slowly as she
8 wishes to go slowly and not rush to judgment.
9 For these reasons, I ask that
10 there be a "no" vote temporarily until she can
11 develop some views of her own and we have a
12 right to know those views and we should not be
13 signing a blank check for any person wishing
14 to be a trustee.
15 I will recommend a "no" vote
16 because I believe that City University is
17 entitled to standards that will prepare the
18 graduates for opportunities in the 21st
19 Century, but we should not rush to judgment.
20 I, therefore, ask -- I will be
21 voting no. I, therefore, ask my colleagues
22 who believe in access to do the same thing
23 with their votes.
24 Thank you.
25 ACTING PRESIDENT MEIER:
5163
1 Senator Mendez.
2 SENATOR MENDEZ: Mr. President,
3 at times when I take a position that differs
4 with the position taken by some members of my
5 party, I ask myself the question, must I do
6 like the salmons and swim against the
7 current?
8 It seems that there are
9 instances in which that must be the case. We
10 are talking here of a woman who presented her
11 background and points of view in the Finance
12 Committee meeting. I was -- it's a very
13 fascinating thing that with so many people
14 there, each one get -- each one of us gets a
15 different perception of the woman, Mrs.
16 Kathleen Pesile, and I want to tell you why
17 I'm supporting her. I will be voting for
18 her.
19 First, we're talking about a
20 woman that was born in poverty. Her family
21 had to take welfare. She was a welfare
22 recipient, a woman that worked very hard, that
23 is a graduate of City College and that
24 attained in the economic area of our society a
25 place of distinction.
5164
1 Oftentimes it happens that when
2 somebody comes from a very, very humble origin
3 and they achieve the big standards in society,
4 they don't want to hear anything that reminds
5 them of their usual origins. This woman is
6 totally different. She's very comfortable
7 with her background and her efforts and she
8 has chosen, besides being a 20-year adjunct
9 professor, to on her time over the weekends,
10 to teach, instruct and help students from City
11 University and most of them students of color.
12 The one question that she did
13 not answer there in the Finance Committee
14 meeting was her position of -- on remedial
15 instruction.
16 Now, the sad reality is that
17 the situation of remedial instruction has
18 become a political football, Mr. President,
19 and everybody is engaging in a ridiculous
20 rhetoric about the whole thing.
21 I support it. I support access
22 to higher education because we all know that
23 the sons and daughters of previous immigrants
24 were able only to make it and succeed
25 economically in this country only through
5165
1 education and, if education is denied to our
2 people, then they will not get anywhere and we
3 will be included in a permanent economic under
4 class in the country and not very well, sir,
5 but the political rhetoric that governs the
6 issue of remedial instruction is such that
7 people are -- because she answered that
8 question and she just said, I want to gather
9 the necessary information to get all my facts
10 together. Why should I doubt that, in fact,
11 this woman that has a history of being an
12 achiever and responsible in many areas of
13 human endeavor, why should I doubt that, in
14 fact, she is sincere in saying that at the
15 present moment she wants to engage in further
16 research on the issue?
17 I don't know what her position
18 is. I only know that this is a woman that, in
19 my view, has shown sensitivity to the students
20 that we in City College know must have a
21 genuine opportunity. What surprises me in all
22 of this rhetoric, Mr. President, is that for
23 30 years, 30 long years, as a result of the
24 decentralization law, the Central Board of
25 Education was in charge of managing and
5166
1 supervising instruction in high schools. They
2 have done an abominable -- an abominable job
3 with no public -- no public accountability
4 whatsoever.
5 Recently we also know that that
6 same Central Board of Education for the past
7 years have done another abominable and
8 irresponsible job in the area of education.
9 Nobody is casting aspersions in that body that
10 should be disbanded, if I would have my way.
11 So, Mr. President, I disagree
12 wholeheartedly with my friends and my
13 colleagues on this side of the aisle that do
14 want to deny this woman with a proven record
15 the opportunity to contribute to the
16 betterment of the City University.
17 I don't think that the -- that
18 the issue of access is at stake. I don't
19 think that she would be voting for preventing
20 access to students of poor families and
21 minorities to go into the university because
22 she herself was a member of that socioeconomic
23 class way before, and I think that she could
24 contribute and will contribute wisely.
25 So, Mr. President, I will
5167
1 support her nomination.
2 Thank you.
3 ACTING PRESIDENT MEIER:
4 Senator Paterson.
5 SENATOR PATERSON: Thank you,
6 Mr. President.
7 Senator Mendez has raised some
8 good points about the qualifications of the
9 individual and how those qualifications moved
10 into other areas, may bring the individual in
11 touch with what the duty of serving on the
12 CUNY board may be, and I certainly hope that
13 Senator Mendez is right.
14 In fact, this particular
15 nominee, Ms. Kathleen Pesile, we need Senator
16 Mendez to be right. We need Ms. Pesile to
17 achieve. We need that because we have
18 students who are at college level who
19 unfortunately are not up to the standards of
20 times that we would like. We have students
21 going through the CUNY system who, in spite of
22 what they may even learn there, may not have
23 the opportunities to work and become members
24 of our society in a working capacity to the
25 extent that we would like.
5168
1 We have right now a system that
2 is very much under siege and we need
3 independent voices who are going to serve on
4 that board and are going to bring distinction
5 by doing something Senator Mendez was talking
6 about, going against the tide, going against
7 the flow from time to time.
8 Now, I have never met Kathleen
9 Pesile, and I want to wish her the best at a
10 point that she might accede to the CUNY
11 board. Her resume certainly demonstrates
12 great proficiency in a number of areas, and I
13 don't think that this is an issue about her
14 personal ability, which I think is quite
15 distinguished as was described by Senator
16 Marchi and Senator Mendez.
17 The issue is that in the past I
18 have stood here and I have wanted to get up
19 and talk about some of the nominees, and I
20 really just couldn't, and the reason I
21 couldn't was because I was imagining myself
22 sitting in the gallery. I imagine myself
23 coming to Albany knowing I would be ready to
24 work hard, knowing that I really have some
25 principle and some conviction and would not
5169
1 like to see my record torn down by people on
2 the floor who don't even know me. So we're
3 not even going to do that because it's not an
4 issue of this nominee, Ms. Pesile, because her
5 distinctions stand on their own.
6 This is an issue of what the
7 CUNY board is actually established for. This
8 is an issue of what we are as legislatures -
9 legislators charged to do in this chamber with
10 respect to nominations.
11 This is a policy decision that
12 we're looking at. Now, we know that it has
13 been stated pretty openly that there are some
14 changes that the Governor would like to make
15 with respect to the way our City University of
16 New York is operating, that there would be a
17 denial of what were previously accepted
18 opportunities, that we would be in some ways
19 diminishing access at some points and we would
20 also be not allowing for the level of
21 remediation that we have allowed to this
22 point.
23 We're talking about students
24 who have graduated high school, students who
25 have come through some of the most difficult
5170
1 challenges of our time, poor housing,
2 substance abuse, crime, an often failed
3 education system, an often failed mental
4 health -- an often failed health care delivery
5 system and somehow through those issues they
6 have come through it and graduated high
7 school, not always with the ability that we
8 might have desired but certainly with the
9 credential that they are eligible to receive a
10 college education, and what we are saying is
11 that since they've demonstrated the
12 determination and perseverance to get to the
13 point that they are now, the expenditure for
14 the remediation that they would need so that
15 their true ability would come out is something
16 that we endorse.
17 Some don't feel that way. We
18 respect that point of view but what we are
19 doing right now is now taking what are the
20 issues of the day and using them as the test
21 to appoint individuals where their service
22 will actually extend far longer than what the
23 controversy of today's issues are, and there
24 is where I think we are remiss in constituting
25 boards because we are not understanding the
5171
1 distinction of leadership. We are not
2 bringing leadership to these boards as much as
3 we are bringing support for political
4 positions that are currently seasonable and in
5 doing that, we, in my opinion, diminish the
6 integrity of all boards for all time.
7 We have got to bring to the
8 CUNY board, as well as any other institutions,
9 that integrity that is not just ephemeral but
10 something that stands for some period of time.
11 Leaders are individuals who
12 stand on their own judgment. Non-leaders are
13 those who follow the opinions of others.
14 Leaders think. Followers copy. Leaders
15 produce. Followers simply go along. Leaders
16 are concerned with the prospect of nature.
17 Followers are concerned with the prospect of
18 single issues. Leaders come to decisions
19 through a free and open exchange of ideas and
20 opinions with others. Followers want to herd
21 people like brainless, thoughtless robots into
22 any other opinion other than their own.
23 We come on earth as individuals
24 with really just our minds. We come on earth
25 quite unarmed as human beings. Our brain is
5172
1 our only weapon, but we must remember that the
2 mind is an attribute of the individual. There
3 is no such thing as the collective brain. The
4 person who thinks must think and do for
5 themselves. The thinking and reasoning mind
6 cannot be subordinated to the needs, opinions
7 or wishes of others, and that is where I think
8 we are going in a very, very circuitous and
9 wrong direction by at this point looking at
10 what may be the political battles of the day
11 rather than the selection of individuals who
12 have spent their lives educating themselves
13 about the particular issue for which they are
14 being appointed, which in this case is higher
15 education.
16 So without any ill feeling or
17 malice toward the individual, who I hope will
18 prove me wrong because the young men and women
19 of New York City who are college age and
20 eligible need it.
21 However, Mr. President, I
22 cannot support this particular nomination.
23 ACTING PRESIDENT MEIER:
24 Senator Markowitz.
25 SENATOR MARKOWITZ: Thank you
5173
1 very, very much.
2 First off, Senator Marchi,
3 whenever you have such glowing words for a
4 resident of Staten Island, I immediately take
5 attention because I know that you don't use
6 your words lightly and you're very sincere and
7 I'm sure Ms. Pesile is one of the most
8 outstanding products of Staten Island, that
9 borough that's on the other side of your
10 Verrazano Bridge, but during the
11 administrations, Republican or Democrat, I
12 have always supported a gubernatorial
13 appointment whenever -- whenever possible,
14 which has been 99 percent of the time, but
15 there comes a time every now and then, even
16 though I believe that chief executive has a
17 right to select the men and women around him
18 or her, in this case, it's not the person
19 necessarily but the symbolism of what I
20 believe can be the outcome.
21 Many of us, including myself,
22 are a product of the City University. The
23 marks, when I approached college, was such
24 that I elected to go to the evening college
25 for nine years and worked full time during the
5174
1 day for a number of different reasons. I had
2 to do that anyway, but I certainly would not
3 want to put any student today, if they can
4 have a choice, to go to school at night and to
5 defer their graduation four-year cycle to a
6 period of eight or nine years the way I had to
7 do it.
8 I think that all of us share a
9 goal, and that goal is that the more of our
10 younger people that attain a higher education
11 are the more young people as they grow into
12 adults that will be productive residents of
13 the state of New York and certainly of our
14 nation and, therefore, the criteria that we
15 should use is how do we educate more rather
16 than how we wind the City University down to a
17 level that you may feel will enhance the
18 college's reputation and, as I look at it,
19 will do damage for those students that need
20 this education the most.
21 Now, the truth of the matter is
22 that for many years, as you well know, this
23 state government starved -- starved the city
24 of New York in many ways in terms of the level
25 of funding as opposed to many areas outside of
5175
1 New York City and secondly we in New York City
2 didn't do such a great job ourselves. This is
3 not blaming one state or one city, but rather
4 there's fault to go around, but certainly the
5 end result of that was that too many of our
6 kids from neighborhoods that are most
7 challenging were not provided the best
8 education that this society owes them.
9 There's not a question about it.
10 Now we're saying to them that
11 not only do we slap you one way but now we're
12 going to slap you another way and that we're
13 not going to allow you to be able to take
14 these remediation courses that will bring them
15 to the level that will give them every ability
16 to compete and to become a college graduate,
17 get a Master's Degree and a Ph.D., business
18 degree, or whatever their life may bring them.
19 And so, Senator Marchi, my
20 colleagues, the reason why I have to vote
21 against this appointment, why I have to and
22 why I pray that I'm wrong in this appointment
23 in my vote and I hope in a year from now this
24 nominee will be able to call me on the phone
25 and say, Marty, your words and others around
5176
1 this room were such that you realized as
2 someone who struggled in your life, let's not
3 forget that struggle or deny the opportunity
4 to those that come after us, that the purpose
5 of the City University, both the junior
6 colleges, community college and the senior
7 colleges, is to offer the greatest educational
8 opportunities to the greatest number of our
9 students. Let's not close the door but let's
10 open our arms and open the doors and give
11 every child, every student in this state, an
12 opportunity to reach for the stars.
13 Thank you very, very much.
14 ACTING PRESIDENT MEIER:
15 Senator Holland.
16 SENATOR HOLLAND: Mr.
17 President, could you read the last section of
18 the bill and allow Senator Saland to speak -
19 to vote, rather, on the nomination.
20 ACTING PRESIDENT MEIER: The
21 Secretary will call the roll.
22 (The Secretary called the
23 roll.)
24 ACTING PRESIDENT MEIER:
25 Senator Saland.
5177
1 SENATOR SALAND: Aye, Mr.
2 President.
3 ACTING PRESIDENT MEIER:
4 Senator Saland will be recorded in the
5 affirmative.
6 We'll withdraw the roll call.
7 We're back on the nomination.
8 Senator Lachman.
9 SENATOR LACHMAN: Mr.
10 President, I do want to speak on this, but I
11 believe that the ranking Democratic member of
12 the Finance Committee wanted to speak and I
13 defer to him, Senator Gold, and I'll speak
14 after him.
15 ACTING PRESIDENT MEIER:
16 Senator Gold.
17 SENATOR GOLD: Thank you very
18 much, Senator, Mr. President.
19 Mr. President, if we get really
20 back to basics, the reason for what we're
21 doing today is constitutional and we have a
22 mandate and the mandate is that whether we
23 agree or do not agree with somebody's
24 ideology, the issue is whether the person is
25 qualified and it's quite obvious that during
5178
1 the Carey-Cuomo years, members on the other
2 side of the aisle were confirming people whose
3 ideology they may not have believed in, but in
4 all candor and in fairness to the
5 Constitution, you were confirming people who
6 were qualified.
7 The CUNY board has a huge
8 responsibility and I'll tell you, I don't
9 mince words too often, but the present
10 chairman of that board, in my opinion, has,
11 well, say been a disaster, certainly hasn't
12 lived up to any hopeful expectations. The
13 board itself has raised questions and that to
14 some extent may be our fault, and the reason I
15 say that may be our fault is because the way
16 we do our confirmation process, I respectfully
17 suggest to my colleagues, should be changed.
18 Years ago we didn't even take
19 the confirmation process seriously and I
20 remember when I came to the Senate and I said,
21 you know, this is something which is a
22 constitutional mandate. Why don't we take
23 this seriously and it happened to be Governor
24 Rockefeller at the time and people weren't
25 interested in listening to me. The minute we
5179
1 got to Governor Carey, the Republicans in this
2 house said, You know, Manny, you had a
3 terrific idea. We're going to take a much
4 closer look at the nominations. Well, for
5 whatever reason, we now do take a closer look,
6 except that what happens is that there's a
7 game in the confirmation process and while we
8 joke about it, maybe it's time that as a
9 collective body we stop joking about it and we
10 change it. We tell people -- and I'm part of
11 that problem -- we tell people if your
12 confirmation is two minutes, it's better than
13 if it was ten minutes and if it's 30 seconds,
14 you did terrific and the best way to get
15 through is don't know anything.
16 Well, I think the United States
17 Congress goes too far the other way. I mean,
18 they can hold confirmation hearings for 40
19 days, but some place in the middle it makes
20 some sense to make an adjustment.
21 The confirmation yesterday, for
22 example, of our very distinguished colleague,
23 John Daly. Now, many people in this house
24 have voted with John Daly or against John Daly
25 on certain energy issues. Nobody was
5180
1 concerned yesterday as to his position on one
2 particular issue or another. Nobody
3 questioned that the man was qualified.
4 So when we were asking
5 questions in the Committee, it really wouldn't
6 have mattered too much constitutionally if
7 this lady had said that she felt one way or
8 another on certain of these issues or if she
9 was leaning one way or the other, or if she
10 had a prejudice one way or another. I'm using
11 prejudice in a decent way, not in a bad way.
12 That, in my opinion, would not have led to a
13 disqualification, but if you have somebody who
14 is asked what are legitimate questions and
15 really, really borderline questions -- as a
16 matter of fact, I would say superficial but
17 they weren't, but they're so borderline.
18 Nobody in the Committee was asking the
19 candidate to go deeply into hidden items that
20 may come up in front of CUNY. They weren't
21 picking apart a statute. These were very
22 generalized questions in areas that have
23 become very, very well known in the media.
24 At one point the candidate said
25 or somebody suggested -- I don't know whether
5181
1 it was the candidate -- somebody suggested
2 that somebody shouldn't have to read the New
3 York Times in order to find out information,
4 that somebody should be on the job and really
5 in the middle and as I pointed out, I'm
6 certainly the last person to suggest that the
7 press ever gives you anything right regardless
8 of what it is, but you certainly know there's
9 an issue. Whether you believe they're
10 reporting or not, you know there's an issue.
11 Now, the problem that many of
12 us had in the Committee was how do you say you
13 want to serve on a board and not understand
14 that there's an issue out there and what human
15 being hears that there's an issue and doesn't
16 get some reaction?
17 The normal response of most
18 people I know is that, when you hear about an
19 issue, you say, Well, gee, it sounds to me
20 this or it sounds to me that, and if the
21 candidate had said, Well, I know there's an
22 issue out there and I know the board did
23 something. I think the board may be right.
24 I'm not adverse to taking a look when I'm
25 there or I think the board was wrong and I'm
5182
1 not adverse to taking a look, you get a
2 feeling that someone is leveling with you, and
3 I think that is the disappointment that many
4 of us felt.
5 Somebody said at the Committee
6 meeting that the Daly -- Senator Daly example
7 was not really a good example because almost
8 everybody that comes before us has no
9 experience, and I didn't answer it at the
10 Committee, but I'll answer it here. That just
11 really isn't so. My friends, that isn't so.
12 We have throughout the years
13 confirmed people to the Parole Board who were
14 parole officers. We have had people go to the
15 Corrections Department who worked their way
16 up. We have had bankers who go to the Banking
17 Board and people in the insurance business who
18 go to insurance boards and all of the time we
19 get people who have experience. Do we have
20 some people with no experience and the answer
21 is yes and we ask them questions and that is
22 the proper thing to do.
23 I have made the suggestion that
24 in the future to avoid this problem maybe we
25 ought to undertake as a Minority -- maybe even
5183
1 as a Majority, God willing next year -- to
2 send letters to nominees of a governor and
3 say, Look, you're going to come before the
4 Committee. We're interested in these areas.
5 Please take a look at them before you get
6 here, but this is a legitimate area of
7 inquiry.
8 I want to turn to the nominee
9 with a little more specificity. The nominee
10 gave an opening statement, which I believe was
11 very well prepared and probably very sincerely
12 given, but I wrote down a couple of the words
13 that were being used. So the nominee said she
14 would like to be on the board so she could be
15 a "facilitator". I asked her a question:
16 What is it you want to facilitate? She said
17 that she wants to be there to help make the
18 changes, and I said tell me one of the changes
19 and that's where the problems started to
20 develop because she would not give us an area
21 that she wanted to facilitate or a change that
22 she wants to make and somebody, one of her
23 supporters, said, Well, look, when the person
24 gets there, you will be in the middle of a
25 fight and why should you have to guess when
5184
1 all this other information is there, except
2 that this particular nominee has been an
3 adjunct professor in the classrooms and she's
4 proud of it and I'm proud of her for being in
5 the classroom, but if you're in the classroom
6 and you see on a day-to-day basis or even if
7 it's weekends, you see what's going on, you
8 must have some inclination of what you want to
9 do. You've got to, and the disappointment
10 that we had was that inability to come
11 forward.
12 I want to lastly address one
13 other issue. There is no doubt in my mind
14 that, if you take a look at the background,
15 you say you have a woman of humble beginnings,
16 a woman who worked her way up, a woman who
17 sincerely wants to do the right thing, and I
18 don't want to attack people who are not here
19 to defend themselves, but Herman Badillo is a
20 person with a very exceptional background, a
21 Borough President, a Congressman, done many
22 things and he is certainly a man who has
23 brought success and dignity to himself. It
24 doesn't mean that I agree with the conclusions
25 that he reaches on a particular issue.
5185
1 This woman has done wonderful
2 things in her life and she should be proud of
3 her life as Senator Marchi has set it forth
4 and he is proud and we all understand that,
5 but the fact that she had a certain background
6 doesn't mean that when she gets on this board
7 she is going to come to conclusions that we
8 may agree with or we may not agree with.
9 Now, somebody on the other side
10 is saying, Manny, you're talking out of both
11 sides of your mouth. On the one hand, you're
12 saying you may or may not agree with her and
13 on the other hand you're saying this is a
14 question of qualification and she may be
15 qualified if you don't agree with her, but
16 I'll tell you why I'm not being hypocritical.
17 I'm going to vote against this
18 lady, this very nice lady, this fine lady,
19 because I can't honestly tell anybody she is
20 qualified because she hasn't given me anything
21 in the interview to tell me she's qualified.
22 If she said to me that she was opposed to one
23 of my positions but at least I knew that she
24 knows there's an issue and she's thought it
25 out and came to a different conclusion, I
5186
1 could say, Oy gevelte, you know -- oh, the
2 stenographer is going to have a problem with
3 that one -- I could say, you know, I'm hurt by
4 the answer, but the woman is qualified. She
5 knows the issues. She came to a conclusion.
6 In a situation where the person
7 will not acknowledge the issues to the extent
8 of even wanting to be involved during this
9 process, I believe that it is impossible to
10 say that the individual is qualified for this
11 job.
12 Is she a qualified person?
13 She's obviously an extraordinary person and
14 someone who I would admire in terms of her
15 background, but that's not my job today. My
16 job today is to make a constitutional
17 determination as to whether or not the person
18 who is nominated by the Governor is qualified
19 for this position and based upon what I have
20 said and what others have said, I cannot in
21 good conscience vote for the individual.
22 I do it with regret to my
23 colleague, Senator Marchi, for whom I would
24 like to be the head of the fan club and for
25 whom I have the greatest esteem, but I really
5187
1 do believe that we have to change our
2 process. We have to encourage candidates to
3 be forthright instead of hiding behind I don't
4 know, and I think that will benefit all of us
5 and lead us to a better class across the board
6 of nominees.
7 Thank you, Mr. President.
8 ACTING PRESIDENT MEIER:
9 Senator Maltese -- I'm sorry. Senator -- all
10 right.
11 SENATOR LACHMAN: I defer.
12 ACTING PRESIDENT MEIER:
13 Senator Lachman, I apologize. We went out of
14 order, and I lost my place.
15 Senator Maltese and then
16 Senator Lachman.
17 SENATOR MALTESE: Mr.
18 President, it seems to me that what has
19 occurred here brings to mind a saying we have
20 in the law, when you have a good case on the
21 law, you pound on the law. When you have a
22 good case on the facts, you pound on the facts
23 and when you have neither, you pound on the
24 table.
25 In this case what we've seen,
5188
1 with the exception of Senator Gold, is a
2 raising of the level of noise and a raising in
3 the level of rhetoric about a candidate who is
4 eminently qualified.
5 For a while, as Senator Gold
6 spoke, I thought perhaps he had seen the light
7 and was going to agree with the confirmation
8 of this candidate. He spoke about our
9 constitutional duty and spelled out that it
10 was our duty during prior administrations to
11 rule on the qualification of candidates and
12 confirm or not confirm based on those
13 qualifications.
14 I had the opportunity to sit in
15 on the Higher Education meeting where this
16 splendid candidate spoke and had an
17 opportunity now to go over her
18 qualifications. I certainly yield to the
19 oratorical skills and the wisdom of my good
20 colleague Senator Marchi who well spelled out
21 every single reason why this candidate
22 deserved our support and endorsement and
23 certainly Senator Mendez who spoke so
24 eloquently and arrived at the same conclusion.
25 I've sat in this chamber
5189
1 through a prior administration and now through
2 the confirmation of Governor Pataki's
3 appointments and seldom do -- I do not recall
4 another instance where a candidate was so well
5 qualified.
6 At the Higher Education meeting
7 I heard that perhaps 20 years -- 20 years as
8 an adjunct professor, an adjunct lecturer at
9 the College of Staten Island, City University
10 of New York, the same university that she will
11 be asked to sit in as a trustee does not
12 qualify her to sit as a trustee, where a
13 background second to none in financial
14 planning, investment advisory, a leader -- I
15 heard about the qualifications of a leader
16 from the distinguished Senator Paterson and a
17 long recitation of what makes a leader and
18 then did not arrive at the same conclusion as
19 my eminent colleague as to whether or not this
20 distinguished candidate falls into that
21 category.
22 Putting aside the views on
23 remediation which so many of my colleagues
24 have arrived at after a great deal of study,
25 of documents, no one can say that this
5190
1 candidate is not eminently qualified. No one
2 can call into question either her character or
3 her qualifications.
4 With the financial difficulties
5 and problems facing the City University of New
6 York, to have a candidate of this financial
7 stature and background and experience on the
8 board will serve the ends of not only we in
9 the Legislature but the taxpayers and
10 ultimately the students who can rely on her
11 expertise so that there can be a delegation of
12 resources that will benefit the students in
13 the end.
14 We heard -- we heard about her
15 answers to questions. She gave the same
16 answers that I would hope as a trial attorney
17 to receive from a juror. What she said was
18 that she had an open mind. What she kept
19 saying was that she had an open mind, that
20 based on the facts and based on discourse and
21 based on interrelations with her fellow
22 trustees and relying on information she had
23 from that 20 years and the information she had
24 in the school of hard knocks and the
25 experience she had gained from her colleagues
5191
1 and her friends and her neighbors and people
2 at the City University of New York, she would
3 make a decision but that she did not have the
4 advantage that the present trustees had in
5 many cases of amendments and documents and
6 remediation plans and a horde of documents
7 that came before us as members of the Higher
8 Education Committee. I asked a question of
9 the nominee -- I asked the question, does she
10 know what she's in for and she has indicated
11 that she does.
12 Earlier today discussing it
13 with some of my colleagues, we talked about
14 some of the visits that many of us have had
15 from opponents and supporters of the City
16 University of New York, of supporters and
17 opponents of remediation, and many people had
18 indicated that they had picketed and we saw
19 the emotions run so high that a legislative
20 colleague, the chairman of Higher Ed' for the,
21 I like to call it the lower house, was
22 actually arrested and spent the night in jail
23 as a result of the intensity of feeling and
24 the intensity of discourse about this
25 remediation issue and this candidate honestly
5192
1 said she had not had the advantage of
2 reviewing all these documents and thus was
3 unwilling to state a complete opinion. Of
4 course, she has opinions pro and con but they
5 are not based on all the facts and she feels
6 the jury is still out.
7 Are we to take her to task for
8 this? I say no. I say she has the background.
9 She went through the same trials and
10 tribulations and travails that many of the
11 present students in CUNY had, and I don't want
12 to go into remediation because we could spend
13 the rest of the day and probably the rest of
14 the week on remediation as the present
15 trustees and the Faculty Senate and the
16 presidents of CUNY and the chairwoman of the
17 board and the chancellor have spent all of the
18 time in the public press and at meetings and
19 still have not arrived at complete conclusions
20 as to whether or not it is completely the
21 right path.
22 There was mention made here
23 about giving the Governor -- agreeing with the
24 Governor's choice and giving the Governor the
25 opportunity to pick his choice. Well, I say
5193
1 the conclusion arrived at by some of my
2 distinguished colleagues is hogwash. They
3 say, I agree that the Governor should be given
4 the right to select his choice except when I
5 disagree, except when I believe that I have
6 looked into the mind of this candidate and
7 have come to the conclusion that she's going
8 to disagree with what I feel remediation
9 should be in the City University of New York.
10 Well, my good colleagues, Mr.
11 President, everyone seems to agree that our
12 present system and our present program is a
13 disgrace. Everyone seems to agree that we are
14 not serving the best interests of those
15 students that we proclaim that we exalt above
16 all others and want to help.
17 The present situation is not
18 only a disgrace but it has called into
19 question the credentials of all prior
20 graduates of City University of New York. We
21 all took great pride in the City University of
22 New York educational system and we want it to
23 be better. Perhaps we disagree as to the path
24 to make it better.
25 Well, the present chairwoman of
5194
1 the board and the present chancellor and the
2 present trustees are taking action to remedy
3 an intolerable situation and the Governor
4 seeks to put an eminently qualified woman with
5 impeccable credentials on that board.
6 The only thing I question is
7 why anyone would subject themselves to the
8 abuse, to the questions, to the picketing and
9 what she will face in the coming weeks and
10 months and years of her term, but she has
11 chosen to give back, chosen to give back to
12 the City University that has placed her in the
13 position that she can attain this exalted
14 position, to make the decisions to help those
15 who follow in her path.
16 I say, Mr. President, she
17 deserves that opportunity. I'm proud to join
18 my colleagues, Senator Marchi, Senator
19 LaValle, Senator Mendez, in the support of
20 this distinguished candidate, and I move for
21 her confirmation.
22 ACTING PRESIDENT MEIER:
23 Senator Lachman.
24 SENATOR LACHMAN: Mr.
25 President, three weeks ago several old friends
5195
1 of mine called to alert me to the possibility
2 that there would be a nominee for the CUNY
3 Board of Trustees before a very important vote
4 that the CUNY Board of Trustees took two and a
5 half weeks ago.
6 I approached Senator LaValle,
7 who was in the chamber, and I also approached
8 Senator Marchi, who was in the chamber, and I
9 told them it would be highly unseemly for the
10 chief executive of the state of New York to
11 appoint a member to the CUNY Board of Trustees
12 three or four days prior to a most important
13 vote on remediation, where she would not have
14 the opportunity to meet with the various
15 constituencies of students and faculty and
16 parents to decide what her position would be.
17 The unseemly is even aggravated by the fact
18 that the faculty of CUNY has had a contract
19 outstanding for two years and I hope will soon
20 be consummated and given to them.
21 Fortunately, the chief
22 executive had the wisdom not to present the
23 name of Kathleen Pesile prior to that vote and
24 I must tell you, unfortunately, the vote went
25 against what I thought it should go.
5196
1 Three weeks later we have this
2 lady's name. Three weeks ago we could have
3 had a referendum on the best process for
4 remediation. Today the vote is for a
5 candidate, a candidate who does or does not
6 have the ability to take on a very difficult
7 assignment and grow in this assignment and say
8 yes or no to a mayor or governor when he or
9 she feels that is advisable, as trustee John
10 Morning did in opposing the mayor of the city
11 of New York on this vote.
12 I did not -- I was not present
13 at the Finance Committee meeting but I was
14 present at the full meeting of the Higher
15 Education Committee and -- which started
16 early. Unfortunately there weren't that many
17 present at the beginning, but I, as Senator
18 Maltese and Senator LaValle can attest to, I
19 literally grilled the candidate on various
20 issues, especially the issue of remediation,
21 and there is no question that she did not show
22 her hand, but I want to state categorically
23 that she showed her hand in one area at 9:35
24 this morning. She is -- she is completely and
25 totally committed to access. If she did not
5197
1 show her hand in complete commitment to access
2 I would have no problem in opposing her
3 nomination because access to the university is
4 the bedrock of the greatness of the City
5 University of New York.
6 I do have a problem now because
7 I strongly believe that remediation is
8 necessary on the community college level and
9 that there is no institution as far as I know,
10 public urban institution of higher education
11 in the United States, that does not permit
12 remediation on the community college level.
13 I also have great reservations
14 on the issue of privatization of remediation
15 that the mayor of the city of New York seems
16 to believe in. This is uncharted territory
17 and could lead to many problems and great
18 damage.
19 Now, let's not fool ourselves.
20 We have a CUNY today, a fractured board, a
21 torn board, a board with several factions that
22 strongly needs a vital center and strongly
23 needs a person with a potential for leadership
24 and it should not only rest on one issue.
25 At the early interview process,
5198
1 I brought to the table, to the chairman of the
2 Committee on Higher Education as well as the
3 candidate, my concern about other issues that
4 are in the domain of a board of trustees of
5 CUNY that have not necessarily been on the
6 forefront recently.
7 For example, why should a $120
8 million budget of the CUNY Research Foundation
9 not have a diagnostic independent audit?
10 Another example. Each
11 president in CUNY -- and there are 18 -- have
12 discretionary funds from 1- to $2 million.
13 Why should not these funds also have a
14 diagnostic independent audit?
15 I know that the candidate is a
16 member or had been a member of the College of
17 Staten Island Foundation, and I have to
18 commend her for opposing the commingling of
19 restricted and not restricted funds at that
20 college. These are important issues to me as
21 are -- as is another issue.
22 Why is there an override of $50
23 million in the construction of the new campus
24 of the City University of New York Graduate
25 Center which adds on $20 million in additional
5199
1 rental fees each year?
2 These are issues of major
3 importance that members of the board of
4 trustees must grapple with on a regular basis
5 and not be led around by others who say that
6 this has been the tradition, that there have
7 been audits by administrators but not
8 diagnostic independent audits.
9 I would urge the candidate, if
10 she is selected, to sever her relationships
11 with the College of Staten Island. I
12 personally believe it might eventually lead to
13 a conflict of interest, to be an adjunct at a
14 college and also to be a member of a board of
15 trustees that decides on faculty,
16 administrative and fiduciary concerns, but
17 after -- I don't want to use the word
18 "grilling" -- a series of questions that took
19 about 15 or 20 minutes -- and this is a very,
20 very difficult decision for me -- and
21 realizing the option -- the options that we
22 have available to us today, I have to admit,
23 as Senator Gold admitted, that this lady is a
24 highly qualified candidate for the position.
25 Unlike Senator Gold, I am going
5200
1 to support this candidate for membership on
2 the CUNY Board of Trustees. I think she can
3 become a leader, as Trustee John Morning has
4 become a leader, in the vital center of a very
5 fractious board. I hope I will not be
6 disappointed in this candidate because the
7 University to me is as important as anyone
8 else in this chamber.
9 I support the nominee.
10 ACTING PRESIDENT MEIER:
11 Senator Leichter.
12 SENATOR LEICHTER: Mr.
13 President, I'm a member of the Higher
14 Education Committee, and I was there when the
15 nominee appeared before the Committee and,
16 very frankly, I was greatly disappointed with
17 the nominee.
18 I think we've got to take a
19 look at really what the standards are for the
20 City University. Now, if the standard is only
21 a person, nice person, good character,
22 integrity, hasn't done anything wrong, may
23 have contributed to her community, millions of
24 people qualify for that board of trustees. If
25 that's your standard, then possibly this
5201
1 nominee will suffice, and let me say from all
2 I see and read and hear, she seems like a
3 perfectly decent person. I'm not questioning
4 her character, and so on, and let me say
5 anybody that John Marchi speaks for right away
6 has a lot going for them in my estimation, but
7 take a look at what we're trying to do and
8 what we should be achieving here.
9 We have a university system
10 that, indeed, is in trouble. We also have a
11 university system where politics are playing a
12 major role, a role far beyond what politics
13 should do and be involved in in the academic
14 process.
15 You have, I think a governor
16 and you have a mayor who is seeking to set
17 policy for the University in a manner that I
18 think is wrong and, therefore, what we've seen
19 over the last few years is appointments to the
20 CUNY Board of Trustees not of people of the
21 sort of prestige and standing and achievements
22 that were -- that was true of appointees over
23 the years. You don't see a Stanley Fink. You
24 don't see a Herman Badillo. You don't see
25 people who have achieved a status which will
5202
1 allow them to represent that university and to
2 exercise a degree of knowledge, independence
3 and commitment that someone who comes from
4 ordinary levels of life -- and I'm not
5 degrading that by any means -- but who cannot
6 perform the same service for the University,
7 and I think this nominee, to my mind, brings
8 absolutely nothing special to the University.
9 She's, as I said, certainly an
10 intelligent person, a good person, but that's
11 not the standard. We want somebody who can be
12 a true leader, who has shown whether in the
13 world of business or the world of academia or
14 the world of public life some major
15 achievement that you can say this is somebody
16 who can provide the leadership that this
17 university needs and I just don't see this in
18 this nominee.
19 Now, I was also very troubled,
20 I must say, by the refusal of this nominee to
21 address the most burning issue involving
22 higher education in the City University.
23 Senator Lachman-- and he is so
24 learned and so knowledgeable -- there, by the
25 way, would be a great CUNY trustee -- raised a
5203
1 number of issues and they're important but
2 there is, to my mind, a clear litmus test of
3 whether you have the basic qualification to
4 serve on this board of trustees, and that's an
5 issue that's been roiling the waters of
6 politics and the waters of academia in New
7 York for months and that's remediation.
8 There's no other issue that is that important
9 that will tell you as much about where a
10 nominee is and on that issue, when asked about
11 it, this nominee was a blank.
12 Now, either she wasn't being
13 honest with the Committee that she has views
14 on remediation and if she wasn't being honest
15 with the Committee, then I don't want her on
16 the board or she truly hasn't known about the
17 issue and if that's the case after all of the
18 stories that have appeared about the major
19 debate that's been going on, to have somebody
20 not have any views on remediation, that to my
21 mind disqualifies her also.
22 I must say that I've heard on
23 the part of people who are supporting her, you
24 know, this hope. Well, we hope she's going to
25 be a leader and we hope she's going to
5204
1 understand the issues. I think we have a
2 right to demand of the Governor that he
3 provide us with a nominee that has the
4 standing that we can say this is somebody that
5 already has the ability, the knowledge and, as
6 I said -- and I think it's terribly important
7 -- the status to serve on one of the most
8 important boards that we have.
9 I dislike voting against
10 anyone. I dislike certainly not being able to
11 confirm a person that the Governor has
12 nominated, but I end up by saying that we have
13 a university system that's in trouble, in
14 trouble mainly because it's been denied
15 resources, in trouble mainly because it hasn't
16 received the leadership that it should have
17 from its board of trustees, a system that's in
18 trouble also because of the political
19 interference, particularly by the mayor of the
20 city of New York in his sort of single-minded
21 effort to make that university in what he knew
22 as a university when he attended school in the
23 Bronx, in Manhattan College many years ago.
24 Remediation obviously is
25 terribly important. Most university systems
5205
1 have it. Harvard has it. I don't know why
2 the City University can't have it and when you
3 take a look at the student population that's
4 coming to the City University and you take a
5 look at the style that has developed where
6 people, unlike when I went to school eons ago
7 used to -- you graduated from high school.
8 You put in four years and you got your college
9 degree. That's just not the way it's done any
10 longer and remediation certainly plays a role
11 in enabling people to get through the
12 university system, to acquire a Bachelor of
13 Arts degree or at least a community college
14 degree in the style and in the manner that is
15 now in conformity with what the economy and
16 society is like today.
17 So, yes, we need remediation
18 but we need trustees who understand the
19 issues, who will be candid with the
20 Legislature, who will let us know what their
21 position is and if they don't have a position
22 on a crucial issue, then maybe they've told us
23 that they're not ready to become members of
24 the board to which they were appointed.
25 I'm sorry to have to say that
5206
1 this is a nominee I cannot support.
2 ACTING PRESIDENT MEIER:
3 Senator Smith. Senator Smith.
4 SENATOR SMITH: Thank you, Mr.
5 President.
6 The higher education of our
7 young people is something that is near and
8 dear to most of us, and I'd like to give you
9 nine reasons why this nominee should not be
10 voted for in the affirmative:
11 State Senator Carl Kruger,
12 Brooklyn College; Professor and Dr. Seymour
13 Lachman, Brooklyn College; State Senator Marty
14 Markowitz; State Senator John L. Sampson
15 Esquire, Brooklyn College; State Senator Dr.
16 Nellie Santiago, Hunter College; State Senator
17 Larry Seabrook, Esquire; State Senator Ada L.
18 Smith, Bernard M. Baruch; State Senator
19 Leonard R. Stavisky, Professor; State Senator
20 Alton R. Waldon, Jr., Esquire. Nine members
21 of this body who are the products of City
22 University.
23 Maybe we did not need
24 remediation. Maybe we had advantages of
25 having an education that was adequate in our
5207
1 elementary and junior high schools and high
2 school careers, opportunities that may no
3 longer exist in the city of New York; but
4 those that follow us must be given the
5 opportunity to go forth and to get a degree
6 and, hopefully, some of them may serve in this
7 house.
8 Nine of us, many of us who
9 served on student government, and learned what
10 government was about, prior to venturing into
11 the waters of politics. We have been given a
12 nominee who gives no answers. Will you tell
13 me how are we to judge an individual if they
14 can't answer the questions? We are given a
15 nominee who claims not to understand what the
16 problems of CUNY are. How do you vote for
17 someone that has no knowledge? I certainly
18 cannot, and I think that you have nine good
19 reasons not to vote for Kathleen M. Pesile,
20 who may be the most wonderful, creative
21 individual in the world, but if you cannot
22 give answers, you do not deserve my vote.
23 ACTING PRESIDENT MEIER:
24 Senator Montgomery.
25 SENATOR MONTGOMERY: Yes.
5208
1 Thank you, Mr. President.
2 I want to make it very clear
3 for the record that I join other colleagues of
4 mine who have complimented, in fact, the
5 accomplishments of Ms. Pesile. I think that
6 she embodies the American dream in the most
7 positive sense, and that is that she came up
8 as a person who was not of means and who has
9 been able to, through her progress through the
10 educational system in our city and having
11 taken advantage of other means and forms of
12 assistance like public housing, and et cetera,
13 has been able to accomplish what I consider to
14 be a very high level of success in the
15 financial world, as well as the education
16 world, and she is, I note, herself a product
17 of the community college system in the city of
18 New York as have been -- and the reason that I
19 say that she embodies the American dream is
20 because that's how many people who came from
21 other parts of the world and found themselves
22 in the City were able to move up, not as
23 necessarily only as an individual but whole
24 communities have been able to -- to advance
25 and develop based on access to free education,
5209
1 to higher education in the city of New York;
2 i.e., Italian-Americans,i.e., Irish-Americans,
3 i.e., Jewish-Americans and hopefully also
4 African-Americans and Chinese-Americans and
5 Asian-Americans and Latina or Latino-Americans
6 and et cetera.
7 So I'm really not going to vote
8 against specifically Ms. Pesile because I
9 don't think that it is -- it would be fair to
10 vote against her as an individual, but the
11 fact of the matter is that she -- this
12 nomination represents for us an opportunity to
13 speak to those people who already sit on the
14 board of trustees, as well as Ms. Pesile, as
15 well as the Governor, as well as the Mayor of
16 the city of New York, to say to them in no
17 uncertain terms that the decision that was
18 made by the board of trustees is a life and
19 death decision for entire communities of black
20 and brown people in the city of New York, and
21 the reason that I'm here in this chamber is to
22 represent those people who sent me here and
23 those are the people who sent me here, and I
24 think that the Governor would be disappointed
25 if I did not stand up and say and vote on
5210
1 behalf of my community and my people because
2 they are the ones who are going to be hurt.
3 Now, the fact of the matter is
4 that the whole issue that has been raised by
5 the board of trustees that they want to
6 improve the Hispanics, it's like a code word
7 to me. It's the same thing that people say to
8 me when a black or brown family moves into the
9 neighborhood, the property values go down so
10 now that the City University of New York is
11 majority black and brown, the standards have
12 gone down. It's the same argument, and I
13 resent that. It is not the case. In fact,
14 there is no indication that the standards in
15 CUNY, in City University of New York, are any
16 less than they were when anyone in this
17 chamber graduated from any one of those -
18 those colleges.
19 So that's obviously not the
20 issue. The issue is, who has access to it?
21 Who has an opportunity to strive to meet the
22 standards of City University? That's what the
23 decision has impacted on, and I say that the
24 decision means that in ten years we will not
25 see black and brown people in that system
5211
1 because they will not have been given the
2 initial opportunity to go in there and at
3 least strive to meet the standards. That, to
4 me -- that is to me un-American and certainly
5 we should not be doing that at this point in
6 time in the development of our nation.
7 What is this business of
8 leveling the playing field? Everybody says the
9 playing field is now level. Is that the case?
10 Is that what we are doing, leveling the
11 playing field? I wonder -- I wonder what this
12 is all about. So certainly for Ms. Kathleen
13 Pesile, it is not a vote against you,
14 personally. I hope you will understand that,
15 and I think that you will.
16 It is in opposition to a
17 decision that has been made that means to me
18 that people, young people and older people,
19 older people my age and a little bit younger
20 and a little bit older, who also need access
21 to CUNY in order to enhance their ability to
22 take care of themselves and to support
23 themselves, and to be successful, those people
24 will also be shut out.
25 So I'm saying to you, this, in
5212
1 my estimation, is a vote that is -- will send
2 a message, I hope that is very clear and very
3 specific that what has been the decision -
4 the decision that has been made, means the
5 death of my people and my community, a
6 community of black and brown people in the
7 city of New York, and I certainly am voting no
8 to you and to the Governor.
9 Thank you, Mr. President.
10 ACTING PRESIDENT MEIER:
11 Senator Marchi.
12 SENATOR MARCHI: Mr. President,
13 I want to recognize that the remarks that have
14 been placed on the record have been done in a
15 very tasteful manner and reflect basic
16 concerns that should be addressed.
17 Now, initially we heard about
18 other experiences than being an adjunct
19 professor, 20 years as Senator Maltese pointed
20 out. She made presentations on understanding
21 cultural diversity to Howard University in
22 1993. Earlier she was awarded -- for the
23 College of Jersey City, was awarded the Ethnic
24 Heritage Studies Office of Education in
25 Washington, for the work she did there. This
5213
1 calls for deep knowledge of a diverse
2 population, and the realization that it's very
3 important to address that in terms of Senator
4 Lachman's word which is fortuitous "access".
5 Access, access!
6 Now, why am, I exercised,
7 because a Staten Islander is involved? Because
8 she has great merit? It goes a little further
9 even beyond that. In 1993, when I was
10 chairman of New York City, I had a long
11 discussion with Jim Kavanaugh who was then the
12 Budget Director, and Jim at that time, a very
13 fine individual -- I said, "What about the
14 City University?" He said, "Oh, we have no
15 problem with that." I'm using a hypothetical
16 figure. If it costs $1,000 to educate a child
17 or a young student at the City University, and
18 we have $100 million, we just multiply that
19 and then look at the competitive examinations
20 and those who -- those who come within the
21 magic circle to fill the -- that sum of money
22 that is available, and we're going to the
23 merits, I said, Yes, but what about the -- you
24 mean to tell me that if I have 85.5 I get in.
25 If I have 84.4 I don't? Not if you're
5214
1 qualified.
2 So I -- at that time, I don't
3 know how many of you from the Bronx remember
4 Ivan Warner. Anybody?
5 SENATOR STAFFORD: I do.
6 SENATOR MARCHI: Ivan Warner
7 was a black Senator who became a judge
8 thereafter and passed away a few years ago,
9 and he was unhappy with the circumstances. I
10 had called on Lester Grainger, who was Whitney
11 Young's predecessor as chairman of the -- or
12 president of the Urban League, and had served
13 as Assistant Secretary of Defense during the
14 Roosevelt administration, during World War II,
15 and he was -- he was really suffering under
16 these circumstances.
17 At that time, Mr. President,
18 despite the number of the Minority that was in
19 the city of New York, one percent were members
20 of the Minority and the 99 other percent were
21 Caucasian. I could not see and neither could
22 Ivan how people who were supporting this
23 system, an urban college and university and at
24 that same time had only one percent. He also
25 told me that he was teaching at Dillard,
5215
1 Dillard was the university that, at that time,
2 was educating ten percent of the higher
3 university students in Louisiana. They were
4 black. It was Jim Crow, but at least they
5 were getting on a rung of the ladder.
6 He said, what -- what is our
7 system, one percent? I don't know if that
8 shocks any of you now, because so many years
9 go by, but I immediately took it upon myself
10 to call for a study and report and we reported
11 and I said, This should not stand. This
12 should not stand.
13 I introduced the concept of
14 open admissions which is being qualified to
15 some extent now, Seek and Discovery, and
16 you're looking at the person that initiated
17 that with Lester Grainger. I don't want to
18 see that destroyed. I want to see people have
19 access. I want to see people go on that board
20 that can deliver, and I am not denigrating
21 anything that you have said here today because
22 I know it comes from the noblest instincts
23 about the people that you want to represent in
24 the best possible way.
25 We're not going to do that if
5216
1 we go back to 1963. We mention -- someone
2 mentioned that there were nine students now,
3 nine members, what was it, students, and you
4 were an honor graduate of Baruch, am I
5 correct?
6 (Senator Smith nods head.)
7 How many of those nine would
8 have been turned away under the old system?
9 How many? But I would not let it stand, and we
10 introduced legislation. I don't know how many
11 people were here at that time, I think maybe
12 Senator Gold was staff -- were you in 1993,
13 '63? Trade ages with you very happily, but
14 today we don't have one percent. We have the
15 students that you mention and the people who
16 have ascended to major office, as Senator
17 Montgomery pointed out, but they would not
18 have had that opportunity had we not
19 undertaken that initiative vigorously and
20 pressed it home.
21 I can tell you, as God is my
22 judge, I had Lester Grainger in the office.
23 The guy broke down in tears because we said -
24 they said he was under severe pressure at that
25 time to moderate the report that we had worked
5217
1 out. So I have a deep and abiding interest.
2 I don't want to see 1963 repeated again. I
3 want to see this system grow on the terms of
4 access and I feel very confident and I
5 wouldn't be so exercised if it wasn't for the
6 subject matter, although I would be out of
7 respect for the nominee and my friendship and
8 propinquity as a neighbor, but I don't want to
9 see us go back. I don't want to see the clock
10 roll back. I want to see that opportunity
11 amplified.
12 It is my feeling that we will
13 be doing the right thing. We don't campaign
14 for these offices. We campaign to do the best
15 we can. Then we have issue development.
16 Think about this seriously when you cast your
17 vote. It's a very serious problem and, if we
18 are to maintain progress, we need -- we need
19 the people who are like the -- like Kathleen
20 Pesile.
21 So I implore you, I believe
22 that if you review clips from the old days,
23 you will find that what I told you was
24 absolutely true. There are old clips from the
25 Daily News that were page 2 and 3, on a daily
5218
1 basis on the events of that -- of those
2 circumstances, in the hearings and the fights
3 that we have had.
4 It wasn't easy. It wasn't
5 easy. I can tell you that. William Randolph
6 -- not William Randolph, not Randolph -- he
7 was a black union leader, William Randolph,
8 you know, I asked him, he said because he had
9 come in at an earlier session and Ivan had
10 reached out for him on the question of
11 submitting an -- getting the free tuitional
12 thing. I said, Sure, anything you say, but
13 what we have to do is to increase the access
14 of minorities.
15 He was convinced. He was
16 convinced, as were others, and together we
17 mustered the effort that finally ended in
18 broadening this, and it is not one percent
19 now. I don't know what it is, about 22
20 percent or 25 percent, but those 22 or 25
21 percent would still be one percent if we were
22 back to that mentality.
23 So, Mr. President, let us do
24 some soul searching. This is important, very
25 very important to the people of our districts,
5219
1 to minority populations which suffered the
2 greatest insult in those days, not consciously
3 or consciously delivered, but that was the net
4 effect, excluding them as the practices then
5 in use prevailed and effectively blocking them
6 while they paid the taxes for maintaining a
7 good system elsewhere.
8 So it's a serious issue. I know
9 we've taken a lot of time, but it is that
10 serious. I feel very confident that we will
11 be making a distinct contribution to the
12 workings of the City University by confirming
13 this nomination.
14 SENATOR SKELOS: Mr. President,
15 I believe we've approached the two-hour limit
16 and Senator LaValle will now close on the
17 nomination.
18 ACTING PRESIDENT MEIER: For
19 the purpose of closing debate, Senator
20 LaValle.
21 SENATOR LAVALLE: Thank you,
22 Mr. President.
23 This debate really began at
24 9:30 this morning when Ms. Pesile appeared
25 before my committee which we probably debated
5220
1 the issue for about a hour, about another hour
2 in Finance and close to two hours here on the
3 floor of the Senate, and I think it really
4 shows that the best of the members and the
5 concern of this body that when there is an
6 important issue, the members will participate
7 fully in the deliberations.
8 Many of the speakers talked, I
9 think, very honestly about what really we are
10 debating here today, and it really is not
11 about the qualifications of Kathleen Pesile.
12 Senator Paterson, Senator Montgomery indicated
13 the issue is much bigger than the nominee. It
14 was just a matter of time before this body
15 became engaged in the debate about what
16 happened when the CUNY Board of Trustees took
17 a vote to deal with the issue of remediation,
18 and I am sure that the debate -- this is not
19 the last of that debate.
20 The issue is also the change
21 and some of the things that the board -- the
22 CUNY board are considering, the issues that it
23 is considering begins to change for the first
24 time in two decades the shape of the City
25 University. You notice I said the shape, not
5221
1 the mission.
2 Senator Marchi, I always hate
3 to follow you, because of your eloquence and
4 how you can zero in on the issue in a very
5 lawyerly manner. Because this state, this
6 Legislature has for all the time that I've
7 been involved, whether as a staff member or a
8 member of this great body, in higher
9 education, the words "access" and "choice"
10 have been the philosophy of our government.
11 It has been the philosophy of this Legislature
12 and so we will continue to ensure that our
13 citizens have access and choice.
14 City University is, as I
15 recall, 150 years young. It has a rich
16 history in educating its citizens. All of the
17 immigrants who came and made a stake in this
18 state, in this country and in the City. One of
19 our speakers, I think Senator Montgomery,
20 talked about appropriately all of the
21 generations, and she went right down.
22 Today in the Finance Committee,
23 I thought the nominee very eloquently talked
24 about her life, talked about her background,
25 but in talking about her life and where she
5222
1 came from and what she did indicates a sensi
2 tivity to students that are economically
3 disadvantaged, economically disadvantaged.
4 She has indicated as an adjunct professor the
5 kinds of students that she has provided
6 mentoring to, to get them moving forward -
7 people of diverse backgrounds and ages.
8 So we have a person that is
9 very, very sensitive in terms of what
10 education provides, I think as she has
11 indicated, the latter to excess for many
12 individuals, and certainly understands as she
13 grew up individuals of diversity, whether it
14 was Latinos or African-Americans, specifically
15 mention those groups, and so I find that as
16 she deliberates and listens and uses her great
17 intellect, that she will be making right and
18 correct decisions.
19 Senator Paterson went through
20 talking about leadership, and so forth.
21 Senator, there's a book that I use with my
22 classes called Lincoln on Leadership. I
23 recommend it to you. The author brings us
24 through the kinds of things that our great
25 President Abraham Lincoln used providing
5223
1 leadership, and some of those things the
2 author talks about repeatedly is being a good
3 listener, gathering facts, being out among
4 people, understanding what the problems are,
5 so that you can make proper decisions.
6 The nominee, both in the Higher
7 Education Committee and in the Finance
8 Committee, talked repeatedly about those
9 attributes, listening, gathering facts,
10 understanding the problem and applying a
11 rational decision-making process to coming to
12 a conclusion.
13 The issue today is not about
14 the qualifications of this nominee. She has
15 superb qualifications. We are not going to
16 resolve the mission of CUNY. We are not going
17 to resolve the remediation issue through this
18 nominee. There are many stakeholders that
19 will be heard from on this issue. There is
20 more in the process before it reaches a
21 conclusion and we, as members, I am sure, will
22 be able to voice our opinion at an appropriate
23 -- at appropriate times during this lengthy
24 process.
25 If the members on this side of
5224
1 the aisle or in this chamber wanted to make a
2 point to the nominee that there are members
3 that have very strong feelings about
4 remediation, I think that the nominee has
5 heard that, understands that, but we should
6 not be using the nominee to accomplish some
7 sort of philosophical mission with -- that
8 this is a termination in the debate. It is
9 not, and I think most of you know that this
10 debate has really just begun.
11 And so, my colleagues, I ask
12 you, as I conclude my remarks, that you
13 reconsider your vote, be fair to the nominee,
14 if you believe that her qualifications are
15 good and that it would bring another point of
16 view to the board in terms of her back
17 ground. I believe it does, and I recommend a
18 vote in the affirmative.
19 ACTING PRESIDENT MEIER:
20 Question is on the confirmation of the
21 nomination. All those in favor signify by
22 saying aye.
23 SENATOR PATERSON: Mr.
24 President, slow roll call.
25 SENATOR SMITH: Slow roll
5225
1 call.
2 ACTING PRESIDENT MEIER:
3 Senator Skelos.
4 SENATOR SKELOS: Please ring
5 the bell, if the members would come into the
6 chamber to vote.
7 ACTING PRESIDENT MEIER: More
8 than five members having stood. There will be
9 a slow roll call.
10 Secretary will call the roll.
11 THE SECRETARY: Senator Abate.
12 SENATOR STAFFORD: Mr.
13 President.
14 ACTING PRESIDENT MEIER:
15 Senator Stafford.
16 SENATOR STAFFORD: While we are
17 -- while everyone is coming in, I wonder if I
18 could explain my vote, and I certainly don't
19 want to follow Senator LaValle or Senator
20 Marchi, because what little I can say would
21 deserve little more than a footnote.
22 ACTING PRESIDENT MEIER:
23 Secretary will call Senator Stafford out of
24 order.
25 THE SECRETARY: Senator
5226
1 Stafford.
2 SENATOR STAFFORD: Thank you.
3 Thank you. And I, of course, am going to
4 second what Senator LaValle said and what
5 Senator Marchi said, and I can say it no
6 better and, of course, I am supporting the
7 nominee with gusto.
8 I would just say again, I think
9 this was an excellent debate. Someone on the
10 other side mentioned, and I thought it was
11 very sensitive, I wish I could remember
12 exactly who it was, but they mentioned that
13 they come up here and very often they're very
14 hesitant to say anything because they realize
15 people are being considered and here we are in
16 a very major debate, and you sort of wonder,
17 you know, how that person feels.
18 Well, I compliment the Governor
19 on the appointment because, in my opinion, he
20 has a very capable, very understanding and an
21 outstanding individual who, I think,
22 understands that this was a very heartfelt
23 debate. As a Senator said much earlier today
24 many of us don't agree, but really that's what
25 this country is all about.
5227
1 So with that, Mr. President, I
2 just say that I find when you have candidates
3 or nominees going before a committee, it
4 depends on where you're sitting on how you
5 feel the candidate or nominee is answering
6 questions.
7 Again, keeping that sense of
8 humor from 1974 to 1994 I sat in a certain
9 position where I sometimes had the frustration
10 of what some people are feeling today. I, for
11 one, do feel strongly that a nominee should
12 not have all the answers. I think it's a
13 mistake for a nominee, whether it be in Albany
14 or any other place, to go in and start telling
15 or sharing with anyone exactly what their
16 decisions are going to be because they don't
17 know until they get confirmed, appointed and
18 take up the responsibilities and receive all
19 the information.
20 But I would say with the
21 nominee present, I think this was an excellent
22 debate. I think it was constructive. I
23 disagree with a number of people who spoke but
24 with that, I want to join in supporting a very
25 fine candidate, a candidate who I think will
5228
1 do an excellent job, Kathleen Pesile, and
2 thank you for being here.
3 ACTING PRESIDENT MEIER:
4 Senator Stafford will be recorded in the
5 affirmative.
6 The Secretary will resume the
7 slow roll call.
8 THE SECRETARY: Senator Abate.
9 SENATOR ABATE: No.
10 THE SECRETARY: Senator Alesi.
11 SENATOR ALESI: Yes.
12 THE SECRETARY: Senator
13 Balboni.
14 SENATOR BALBONI: Aye.
15 THE SECRETARY: Senator
16 Breslin.
17 SENATOR BRESLIN: No.
18 THE SECRETARY: Senator Bruno.
19 (Affirmative indication. )
20 THE SECRETARY: Senator
21 Connor.
22 (Negative indication. )
23 THE SECRETARY: Senator Cook.
24 SENATOR COOK: Yes.
25 THE SECRETARY: Senator
5229
1 DeFrancisco.
2 SENATOR DeFRANCISCO: Yes.
3 THE SECRETARY: Senator
4 Dollinger.
5 SENATOR DOLLINGER: Mr.
6 President, just to explain my vote.
7 I had a discussion with the
8 chairman of the Finance Committee in the
9 Finance Committee about my view about nominees
10 who come before the Finance Committee and
11 aren't prepared to offer an opinion about the
12 most controversial issue that the board we're
13 appointing them to has had to deal with in the
14 past and will have to deal with in the
15 future.
16 I made my views clear in the
17 Finance Committee. Unlike some, I look at
18 this as an election. This is a person who is
19 coming to us to be elected. We have a simple
20 duty, either cast a "yes" vote or "no" vote
21 and I would just suggest that all the comments
22 made about being open-minded and keeping your
23 options open and gathering information, I
24 would just suggest to everybody in this
25 chamber, go to your voters the next time you
5230
1 want their vote and tell them that, and I'll
2 tell you what they'll do. They won't give you
3 their vote. The reason is because they say
4 you aren't prepared; you aren't willing to
5 make a decision and you aren't willing to tell
6 us what you will do when they elect you, and
7 so, therefore, they'll say, "I'm not going to
8 vote for you."
9 In this case, because I believe
10 this candidate has not done that, has not told
11 us what she'll do, I am reluctantly going to
12 vote no.
13 ACTING PRESIDENT MEIER:
14 Senator Dollinger will be recorded in the
15 negative.
16 The Secretary will resume the
17 roll call.
18 THE SECRETARY: Senator
19 Farley.
20 SENATOR FARLEY: Aye.
21 THE SECRETARY: Senator
22 Fuschillo.
23 SENATOR FUSCHILLO: Aye.
24 THE SECRETARY: Senator
25 Gentile.
5231
1 SENATOR GENTILE: Mr.
2 President, if I may explain my vote.
3 As much as I respect my fellow
4 colleague from Staten Island, Senator Marchi,
5 and take to heart greatly what he says and the
6 opinions that he expresses, I also -- I also
7 value highly the opinion of member of my party
8 Senator Stavisky, and his questions and some
9 of the questions that were raised by members
10 of my Conference here as to this nominee, and
11 as much as I would, as a Senator representing
12 a portion of Staten Island, be proud and
13 willing to support a fellow Staten Islander, I
14 must say that I am troubled -- troubled
15 greatly by the questions raised here by many
16 of my colleagues concerning -- concerning this
17 nominee.
18 Certainly, in accord with
19 Senator Marchi, her resume is quite
20 impressive. I'm sure she is a fine, fine
21 woman and something -- someone that, in other
22 circumstances, I certainly would -- would
23 support. In this instance, however, given the
24 concern I have for the issues raised in regard
25 to -- to CUNY and the future of CUNY, I have a
5232
1 responsibility to the students in my district
2 and to the families in my district, whether
3 those families be from Bensonhurst, Bath
4 Beach, Rosebank or Midland Beach, I have a
5 responsibility to those families and to those
6 students that questions that were raised here
7 today have some answers.
8 Now, I'm told from my
9 colleagues that at the -- at the hearing this
10 morning, those questions were not answered by
11 the nominee, and there was no indication from
12 the nominee concerning some of the -- the
13 issues that were raised. It's unfortunate, I
14 must say also that being a Staten Islander and
15 representing -- having part of the Staten
16 Island -- I represent part of Staten Island,
17 that the nominee did not take the opportunity
18 to reach out to me and speak to me.
19 I believe the nominee is aware
20 of the fact that there are only two -- two
21 state Senators representing Staten Island.
22 ACTING PRESIDENT MEIER:
23 Senator Gentile, the time established by the
24 rules to explain your vote has expired. How
25 do you vote?
5233
1 SENATOR GENTILE: Had she done
2 so, it might have been different.
3 ACTING PRESIDENT MEIER:
4 Senator Gentile, how do you vote?
5 SENATOR GENTILE: But my vote
6 at this point is in the negative.
7 ACTING PRESIDENT MEIER:
8 Senator Gentile will be recorded in the
9 negative.
10 THE SECRETARY: Senator Gold.
11 SENATOR GOLD: Mr. President,
12 in explaining my vote, and I hadn't intended
13 to explain my vote because I made my comments
14 earlier, but I think it's appropriate having
15 listened to the distinguished representative
16 from Staten Island who just spoke, to thank
17 the representative in this house for the
18 opportunity to show everybody what courage
19 really is, and my compliments Senator Gentile,
20 because obviously this vote is one of sensi
21 tivity to you, and I'm sure that some of my
22 colleagues on the other side were wondering
23 what you might do and what this vote has
24 proven is that Senator Gentile understands why
25 he was elected. He was elected to do
5234
1 something with his seat, not merely to retain
2 it, as some people think you're supposed to
3 do, and to stand up and speak out for the -
4 the youngsters, the students in your district
5 even though people are going to ask you, Why
6 would you vote against a Staten Islander.
7 Senator, my hat is off to you.
8 That is the kind of courage that this
9 Legislature is all about and, Senator Gentile,
10 that's one of the reasons why I look at you
11 here today and my colleagues will look at you
12 in that seat next year also.
13 Congratulations!
14 I vote in the negative.
15 ACTING PRESIDENT MEIER:
16 Senator Gold will be recorded in the
17 negative.
18 Secretary will resume.
19 THE SECRETARY: Senator
20 Gonzalez.
21 (There was no response. )
22 Senator Goodman.
23 (There was no response. )
24 Senator Hannon.
25 SENATOR HANNON: Yes.
5235
1 THE SECRETARY: Senator
2 Hoffmann.
3 SENATOR HOFFMANN: Aye.
4 THE SECRETARY: Senator
5 Holland.
6 (There was no response. )
7 Senator Johnson.
8 SENATOR JOHNSON: Aye.
9 THE SECRETARY: Senator Kruger.
10 SENATOR KRUGER: No.
11 THE SECRETARY: Senator Kuhl.
12 SENATOR KUHL: Yes.
13 THE SECRETARY: Senator
14 Lachman.
15 SENATOR LACHMAN: Aye.
16 THE SECRETARY: Senator Lack.
17 SENATOR LACK: Aye.
18 THE SECRETARY: Senator
19 Larkin.
20 SENATOR LARKIN: Aye.
21 THE SECRETARY: Senator
22 LaValle.
23 SENATOR LAVALLE: Aye.
24 THE SECRETARY: Senator
25 Leibell.
5236
1 SENATOR LEIBELL: Aye.
2 THE SECRETARY: Senator
3 Leichter.
4 SENATOR LEICHTER: No.
5 THE SECRETARY: Senator
6 Libous.
7 SENATOR LIBOUS: Aye.
8 THE SECRETARY: Senator
9 Maltese.
10 SENATOR MALTESE: If I may, I'd
11 like to utilize the time of explaining my vote
12 to simply extend my deep appreciation to the
13 Governor's choice, my choice, what will be the
14 Senate's choice, and commend her for true
15 courage in her desire to give back and
16 congratulations on what she has achieved in
17 life and what she will achieve in the future.
18 Godspeed! I cast my vote in
19 the affirmative.
20 ACTING PRESIDENT MEIER:
21 Senator Maltese will be recorded in the
22 affirmative.
23 Secretary will resume.
24 THE SECRETARY: Senator
25 Marcellino.
5237
1 SENATOR MARCELLINO: Aye.
2 THE SECRETARY: Senator
3 Marchi.
4 SENATOR MARCHI: Aye.
5 THE SECRETARY: Senator
6 Markowitz.
7 SENATOR MARKOWITZ: Mr.
8 President, for all the reasons I indicated
9 before that I would vote in the negative, and
10 I will, but I urge our new appointee who will
11 be a member, keep hope alive. Keep hope
12 alive.
13 ACTING PRESIDENT MEIER:
14 Senator Markowitz will be recorded in the
15 negative.
16 Secretary will resume the roll
17 call.
18 THE SECRETARY: Senator
19 Maziarz.
20 SENATOR MAZIARZ: Aye.
21 THE SECRETARY: Senator Meier.
22 SENATOR MEIER: Aye.
23 THE SECRETARY: Senator Mendez.
24 SENATOR MENDEZ: Yes.
25 THE SECRETARY: Senator
5238
1 Montgomery.
2 SENATOR MONTGOMERY: Mr. -
3 ACTING PRESIDENT MEIER:
4 Senator Montgomery.
5 SENATOR MONTGOMERY: Yes, Mr.
6 President. I would like to explain my vote
7 briefly.
8 Really it's not so much to
9 explain my vote as it is to go on record here
10 that I want to offer a particular word of
11 gratitude and regard and respect in the
12 highest order for our Senator from Staten
13 Island, Senator Marchi, who has, in my
14 estimation, been -- played such a role -- I'm
15 sorry I did not know the role that you were
16 playing; I had not heard that story or in 1963
17 and subsequent to the time that you did the
18 report, and you understood the importance of
19 doing something about it.
20 What you did has changed the
21 course of lives for thousands and thousands of
22 people in the city of New York, and certainly
23 I shall never forget what you -- what you have
24 done, and while I'm not voting the same as
25 you, I certainly have heard the most profound
5239
1 statement in this chamber by someone who -
2 who had that kind of vision and also the
3 courage and the commitment to do something.
4 So I thank you on behalf of the
5 people certainly that I represent and the many
6 many thousands of people who also don't know
7 this story that you told today and, Mr.
8 President, I vote no.
9 ACTING PRESIDENT MEIER:
10 Senator Montgomery will be recorded in the
11 negative.
12 Secretary will resume.
13 THE SECRETARY: Senator
14 Nanula.
15 SENATOR NANULA: No.
16 THE SECRETARY: Senator
17 Nozzolio.
18 SENATOR NOZZOLIO: Aye.
19 THE SECRETARY: Senator
20 Onorato.
21 SENATOR ONORATO: No.
22 THE SECRETARY: Senator
23 Oppenheimer.
24 SENATOR OPPENHEIMER: No.
25 THE SECRETARY: Senator
5240
1 Padavan.
2 SENATOR PADAVAN: Yes.
3 THE SECRETARY: Senator
4 Paterson.
5 SENATOR PATERSON: No.
6 THE SECRETARY: Senator
7 Present.
8 SENATOR PRESENT: Aye.
9 THE SECRETARY: Senator Rath.
10 SENATOR RATH: Aye.
11 THE SECRETARY: Senator
12 Rosado.
13 SENATOR ROSADO: No.
14 THE SECRETARY: Senator Saland
15 voting in the affirmative earlier.
16 Senator Sampson.
17 SENATOR SAMPSON: No.
18 THE SECRETARY: Senator
19 Santiago.
20 SENATOR SANTIAGO: No.
21 THE SECRETARY: Senator
22 Seabrook.
23 SENATOR SEABROOK: No.
24 THE SECRETARY: Senator Seward.
25 (There was no response. )
5241
1 Senator Skelos.
2 SENATOR SKELOS: Aye.
3 THE SECRETARY: Senator Smith.
4 SENATOR SMITH: No.
5 THE SECRETARY: Senator Spano.
6 SENATOR SPANO: Aye.
7 THE SECRETARY: Senator
8 Stachowski.
9 SENATOR STACHOWSKI: No.
10 THE SECRETARY: Senator
11 Stavisky.
12 SENATOR STAVISKY: No.
13 THE SECRETARY: Senator
14 Trunzo.
15 SENATOR TRUNZO: Aye.
16 THE SECRETARY: Senator
17 Velella.
18 (There was no response. )
19 Senator Volker.
20 SENATOR VOLKER: Yes.
21 THE SECRETARY: Senator
22 Waldon.
23 (There was no response.)
24 THE SECRETARY: Senator
25 Wright.
5242
1 SENATOR WRIGHT: Aye.
2 ACTING PRESIDENT MEIER: Call
3 the absentees.
4 THE SECRETARY: Senator
5 Gonzalez.
6 (There was no response. )
7 Senator Goodman.
8 (There was no response. )
9 Senator Holland.
10 SENATOR HOLLAND: Yes.
11 THE SECRETARY: Senator
12 Seward.
13 (There was no response. )
14 Senator Velella.
15 (There was no response. )
16 Senator Waldon.
17 (There was no response. )
18 THE SECRETARY: Ayes 35, nays
19 21.
20 ACTING PRESIDENT MEIER: The
21 nominee is confirmed.
22 Ms. Pesile, we congratulate you
23 and wish you well with your important duties.
24 (Applause)
25 Senator Skelos.
5243
1 SENATOR SKELOS: Mr. President,
2 there will be an immediate meeting of the
3 Rules Committee in the Majority Conference
4 Room, and the Senate will stand at ease.
5 ACTING PRESIDENT MEIER: There
6 will be an immediate meeting of the Rules
7 Committee in the Majority Conference Room.
8 Senator Skelos, before we -
9 before we stand at ease, might we entertain
10 some motions? We'll return -- and may we have
11 some order. We'll return to the order of
12 motions.
13 SENATOR SKELOS: If there is
14 any housekeeping at the desk, could we do that
15 now.
16 ACTING PRESIDENT MEIER: There
17 are some motions.
18 Senator Nozzolio.
19 SENATOR NOZZOLIO: Mr.
20 President, I wish to call up Print Number
21 588-B recalled from the Assembly which is now
22 at the desk.
23 ACTING PRESIDENT MEIER:
24 Secretary will read.
25 THE SECRETARY: Calendar Number
5244
1 1140, by Senator Lack, Senate Print 588-B, an
2 act to amend the Real Property Actions and
3 Proceedings Law.
4 SENATOR NOZZOLIO: Mr.
5 President, I now move to reconsider the vote
6 by which this bill was passed.
7 ACTING PRESIDENT MEIER: Call
8 the roll on reconsideration.
9 (The Secretary called the roll
10 on reconsideration. )
11 THE SECRETARY: Ayes 61.
12 SENATOR NOZZOLIO: Mr.
13 President, on behalf of Senator Lack, I now
14 offer the following amendments.
15 ACTING PRESIDENT MEIER:
16 Amendments received.
17 SENATOR NOZZOLIO: Mr.
18 President, on page number 29, I offer the
19 following amendments to Calendar Number 947,
20 Senate Print Number 6550, and ask that that
21 bill retain its place on Third Reading
22 Calendar, on behalf of Senator Present.
23 ACTING PRESIDENT MEIER:
24 Amendments are received, and the bill will
25 retain its place on the Third Reading
5245
1 Calendar.
2 SENATOR NOZZOLIO: Mr.
3 President, on page number 34, I offer the
4 following amendments to Calendar Number 1082,
5 Print Number 5548-A, and ask that said bill
6 retain its place on the Third Reading
7 Calendar, on behalf of Senator Goodman.
8 ACTING PRESIDENT MEIER:
9 Amendments are received, and the bill will
10 retain its place on the Third Reading
11 Calendar.
12 Secretary will read the
13 substitutions.
14 THE SECRETARY: On page 5,
15 Senator Balboni moves to discharge from the
16 Committee on Rules Assembly Bill Number 11258
17 and substitute it for the identical Third
18 Reading Calendar 137.
19 On page 8, Senator Volker moves
20 to discharge from the Committee on Rules
21 Assembly Bill Number 11177 and substitute it
22 for the identical Third Reading Calendar 281.
23 On page 9, Senator Volker moves
24 to discharge from the Committee on Rules
25 Assembly Bill Number 11286 and substitute it
5246
1 for the identical Third Reading Calendar 314.
2 On page 17, Senator Balboni
3 moves to discharge from the Committee on Rules
4 Assembly Bill Number 11047-A, and substitute
5 it for the identical Third Reading Calendar
6 618.
7 On page 20, Senator Maltese
8 moves to discharge from the Committee on Rules
9 Assembly Bill Number 6947-C and substitute it
10 for the identical Third Reading Calendar 718.
11 On page 20, Senator Trunzo
12 moves to discharge from the Committee on Rules
13 Assembly Bill Number 6875 and substitute it
14 for the identical Third Reading Calendar 720.
15 On page 21, Senator Alesi moves
16 to discharge from the Committee on Rules
17 Assembly Bill Number 5285-A and substitute it
18 for the identical Third Reading Calendar 733.
19 On page 28, Senator Larkin
20 moves to discharge from the Committee on Rules
21 Assembly Bill Number 11185-A and substitute it
22 for the identical Third Reading Calendar 924.
23 On page 33, Senator Goodman
24 moves to discharge from the Committee on Rules
25 Assembly Bill Number 6872-A, and substitute it
5247
1 for the identical Third Reading Calendar
2 1079.
3 And on page 44, Senator Nanula
4 moves to discharge from the Committee on Rules
5 Assembly Bill Number 10751 and substitute it
6 for the identical Third Reading Calendar
7 1413.
8 ACTING PRESIDENT MEIER:
9 Substitutions ordered.
10 Senator Kuhl.
11 SENATOR KUHL: Yes, Mr.
12 President. From the third row bleachers, may
13 we now have the Senate stand at ease.
14 ACTING PRESIDENT MEIER: The
15 Senate will stand at ease.
16 (The Senate stood at ease at
17 3:31 p.m.)
18 (Whereupon, the Senate resumed
19 at 5:08 p.m.)
20 SENATOR SKELOS: Mr. President.
21 ACTING PRESIDENT MEIER:
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President,
24 if we could return to reports of standing
25 committees, I believe there's a report of the
5248
1 Rules Committee at the desk. I ask that it be
2 read at this time.
3 ACTING PRESIDENT MEIER: We'll
4 return to the order of reports of standing
5 committees.
6 The Secretary will read.
7 THE SECRETARY: Senator Bruno,
8 from the Committee on Rules, offers up the
9 following bills directly for third reading:
10 Senate Bill 3056, by Senator
11 Lack, an act to amend the General Municipal
12 Law;
13 3180-B, by Senator Maltese, an
14 act to amend the Administrative Code of the
15 city of New York;
16 4828-A, by Senator Farley, an
17 act to amend the Banking Law;
18 5542, by Senator Seabrook, an
19 act authorizing the city of New York;
20 5687-A, by Senator Paterson, an
21 act authorizing the city of New York;
22 6028-A, by Senator Spano, an
23 act to amend the Vehicle and Traffic Law;
24 6045, by Senator Lachman, an
25 act authorizing the city of New York;
5249
1 6213-A, by Senator Johnson and
2 others, an act to amend the Not-for-Profit
3 Corporation Law;
4 6562-A, by Senator Volker, an
5 act to authorize the city of Buffalo;
6 6607-A, by Senator Lack, an act
7 to amend the Real Property Law;
8 6711-B, by Senators Hannon and
9 others, an act to amend the State Finance Law;
10 6781-B, by Senator Larkin and
11 others, an act to amend the Penal Law;
12 6863-A, by Senator Farley, an
13 act to amend the Public Authorities Law;
14 6651-A, by Senator Oppenheimer,
15 an act in relation to authorizing.
16 All bills directly for third
17 reading.
18 SENATOR SKELOS: Move to accept
19 the report of the Rules Committee.
20 ACTING PRESIDENT MEIER: The
21 motion is to accept the report of the Rules
22 Committee. All those in favor signify by
23 saying aye.
24 (Response of "Aye".)
25 Opposed, nay.
5250
1 (There was no response.)
2 The report is accepted.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 would you call up Calendar Number 1472, Senate
6 6863-A, by Senator Farley.
7 ACTING PRESIDENT MEIER: The
8 Secretary will read Calendar 1472.
9 THE SECRETARY: Calendar Number
10 1472, by Senator Farley, Senate Print 6863-A,
11 an act to amend the Public Authorities Law and
12 the Executive Law, in relation to establishing
13 the Schenectady Metroplex.
14 ACTING PRESIDENT MEIER: Read
15 the last section.
16 THE SECRETARY: Section 9.
17 This act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call
19 the roll.
20 (The Secretary called the
21 roll.)
22 THE SECRETARY: Ayes 61.
23 ACTING PRESIDENT MEIER: The
24 bill is passed.
25 Senator Skelos.
5251
1 SENATOR SKELOS: Mr. President,
2 would you call up Calendar Number 1471, Senate
3 6651-A, by Senator Oppenheimer.
4 ACTING PRESIDENT MEIER: The
5 Secretary will read Calendar Number 1471.
6 THE SECRETARY: In relation to
7 Calendar Number 1471, Senator Oppenheimer
8 moves to discharge from the Committee on Rules
9 Assembly Bill Number 9683-B and substitute it
10 for the identical Senate Bill 6651-A.
11 ACTING PRESIDENT MEIER: The
12 substitution is ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1471, by member of the Assembly Matusow,
16 Assembly Print 9683-B, an act in relation to
17 authorizing the town of North Castle.
18 ACTING PRESIDENT MEIER: Read
19 the last section. There's a home rule message
20 at the desk.
21 ACTING PRESIDENT MEIER:
22 Section 2. This act shall take effect
23 immediately.
24 ACTING PRESIDENT MEIER: Call
25 the roll.
5252
1 (The Secretary called the
2 roll.)
3 THE SECRETARY: Ayes 61.
4 ACTING PRESIDENT MEIER: The
5 bill is passed.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 the Senate will stand at ease.
9 ACTING PRESIDENT MEIER: The
10 Senate will stand at ease.
11 (Whereupon, the Senate stood at
12 ease from 5:11 p.m. until 5:12 p.m.)
13 ACTING PRESIDENT MEIER:
14 Senator Skelos.
15 SENATOR SKELOS: If we could
16 just go to motions and resolutions, I believe
17 there's some housekeeping at the desk.
18 ACTING PRESIDENT MEIER: We'll
19 return to the order of motions and
20 resolutions.
21 The Secretary will read the
22 substitutions.
23 THE SECRETARY: Senator Volker
24 moves to discharge from the Committee on Rules
25 Assembly Bill 9414-A and substitute it for the
5253
1 identical Senate Bill 6562-A.
2 Senator Farley moves to
3 discharge from the Committee on Rules Assembly
4 Bill 11217 and substitute it for the identical
5 Senate Bill 4828-A.
6 ACTING PRESIDENT MEIER: The
7 substitutions are ordered.
8 Senator Nozzolio.
9 SENATOR NOZZOLIO: Mr.
10 President, I wish to call up Bill Number
11 5799-A, recalled from the Assembly, which is
12 now at the desk.
13 ACTING PRESIDENT MEIER: The
14 Secretary will read.
15 THE SECRETARY: By Senator
16 DeFrancisco, Senate Bill 5799-A, an act to
17 amend the Domestic Relations Law.
18 SENATOR NOZZOLIO: Mr.
19 President, I now move to reconsider the vote
20 by which this bill was passed.
21 ACTING PRESIDENT MEIER: Call
22 the roll on reconsideration.
23 (The Secretary called the roll
24 on reconsideration.)
25 THE SECRETARY: Ayes 61.
5254
1 ACTING PRESIDENT MEIER: The
2 bill is -- Senator Nozzolio.
3 SENATOR NOZZOLIO: Mr.
4 President, I now offer the following
5 amendments on behalf of Senator DeFrancisco.
6 ACTING PRESIDENT MEIER: The
7 amendments are received.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 could we stand at ease now.
11 ACTING PRESIDENT MEIER: The
12 Senate will stand at ease.
13 SENATOR SKELOS: If we could -
14 that was long enough, Mr. President.
15 ACTING PRESIDENT MEIER: Okay.
16 I feel refreshed.
17 Senator Skelos.
18 SENATOR SKELOS: There will be
19 an immediate conference of the Majority in the
20 Majority Conference Room.
21 ACTING PRESIDENT MEIER:
22 Immediate conference of the Majority in the
23 Majority Conference Room.
24 SENATOR GOLD: Mr. President.
25 ACTING PRESIDENT MEIER:
5255
1 Senator Paterson.
2 SENATOR PATERSON: Mr.
3 President, I have an original idea. There
4 will be an immediate conference of the
5 Minority. We would have it in the Majority
6 Conference Room, a prelude, so to speak, but
7 we'll have it in the Minority Conference Room.
8 ACTING PRESIDENT MEIER:
9 Immediate Conference of the Minority in the
10 Minority Conference Room.
11 SENATOR SKELOS: Once again we
12 will stand at ease, Mr. President.
13 ACTING PRESIDENT MEIER: The
14 Senate will stand at ease.
15 (Whereupon, the Senate stood at
16 ease from 5:14 p.m. until 6:00 p.m.)
17 SENATOR SKELOS: Mr. President.
18 ACTING PRESIDENT MEIER:
19 Senator Skelos.
20 SENATOR SKELOS: There will be
21 an immediate meeting of the Rules Committee in
22 the Majority Conference Room, and the Senate
23 will stand at ease.
24 ACTING PRESIDENT MEIER:
25 Immediate meeting of the Rules Committee in
5256
1 the Senate Majority Conference Room, and the
2 Senate will stand at ease.
3 (Whereupon, the Senate stood at
4 ease from 6:00 p.m. until 8:00 p.m.)
5 ACTING PRESIDENT MEIER: The
6 Senate will come to order.
7 SENATOR KUHL: Mr. President.
8 ACTING PRESIDENT MEIER:
9 Senator Kuhl.
10 SENATOR KUHL: May we return to
11 the order of reports of standing committees.
12 I believe that there is a report of the Rules
13 Committee at the desk and I move that we
14 accept the report of the Rules Committee after
15 it has been read.
16 ACTING PRESIDENT MEIER: The
17 Secretary will read the report of the Rules
18 Committee.
19 THE SECRETARY: Senator Bruno,
20 from the Committee on Rules, reports the
21 following bills:
22 Senate Print 6989-A, by Senator
23 Hannon, an act to amend the Public Health Law;
24 7249-A, by Senator Present, an
25 act to amend the Alcoholic Beverage Control
5257
1 Law;
2 7369-A, by Senator Seward, an
3 act to amend the Tax Law;
4 7428, by Senator Marchi, an act
5 to amend the Education Law;
6 7483-A, by Senator Holland, an
7 act to amend Chapter 436 of the Laws of 1997;
8 7535-A, by Senator Stafford, an
9 act to amend the Tax Law;
10 7551, by Senator Libous, an act
11 to confer jurisdiction;
12 7592, by Senator Holland, an
13 act to amend the Social Services Law;
14 7600, by Senator Marcellino, an
15 act to amend the Environmental Conservation
16 Law;
17 7647, by Senator Kuhl, an act
18 to amend the Agriculture and Markets Law;
19 7660, by Senator Present, an
20 act to amend the Penal law and the Real
21 Property Actions and Proceedings Law;
22 7680-A, by Senator Bruno, an
23 act to authorize the New York State Urban
24 Development Corporation;
25 7686, by Senator Holland, an
5258
1 act to amend the Public Authorities Law;
2 7699-A, by Senator Hannon, an
3 act to amend the New York State Medical Care
4 Facilities Finance Agency Act;
5 7703, by Senator Lack, an act
6 to amend the Real Property Law;
7 7715, by Senator Skelos, an act
8 to amend the Election Law;
9 7721, by Senator Meier, an act
10 authorizing the Commissioner of General
11 Services;
12 7722, by Senator Seward, an act
13 to amend the Economic Development Law;
14 7724, by Senator Holland, an
15 act to amend the Education Law;
16 7731, by Senator Balboni, an
17 act to amend the Economic Development Law;
18 7737, by Senator Present, an
19 act to amend the Education Law;
20 7743, by the Senate Committee
21 on Rules, an act to amend Chapter 552 of the
22 Laws of 1995;
23 7753, by Senator Larkin, an act
24 to amend the Public Authorities Law;
25 7768, by the Senate Committee
5259
1 on Rules, an act to amend the Tax Law; and
2 7734, by Senator Spano, an act
3 to amend the Labor Law.
4 All bills ordered direct for
5 third reading.
6 SENATOR KUHL: I move we accept
7 the report of the Rules Committee.
8 ACTING PRESIDENT MEIER: All
9 those in favor of accepting the report of the
10 Rules Committee signify by saying aye.
11 (Response of "Aye".)
12 Opposed, nay.
13 (There was no response.)
14 The report of the Rules
15 Committee is accepted.
16 Senator Kuhl.
17 SENATOR KUHL: Yes, Mr.
18 President. I believe for the benefit of the
19 members who are here and who are not here, we
20 have an active list on the desk and also a
21 calendar which is being passed out, Senate
22 Supplemental Calendar Number 52-A, and at this
23 time if we might take up the non-controversial
24 reading of the supplemental active list, but
25 before we do that -
5260
1 ACTING PRESIDENT MEIER:
2 Senator Kuhl.
3 SENATOR KUHL: -- if we might
4 move to motions and resolutions, and I would,
5 Mr. President, on behalf of Senator Saland,
6 call up his bill, Senate Print 816-A, recalled
7 from the Assembly, which is at the desk.
8 ACTING PRESIDENT MEIER: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 139, by Senator Saland, Senate Print 816-A, an
12 act to amend the Penal Law.
13 SENATOR KUHL: Mr. President, I
14 now move to reconsider the vote by which the
15 bill passed the house.
16 ACTING PRESIDENT MEIER: Call
17 the roll.
18 (The Secretary called the roll
19 on reconsideration.)
20 THE SECRETARY: Ayes 61.
21 SENATOR KUHL: I offer up the
22 following amendments.
23 ACTING PRESIDENT MEIER: The
24 amendments are received.
25 SENATOR KUHL: Mr. President.
5261
1 ACTING PRESIDENT MEIER:
2 Senator Kuhl.
3 SENATOR KUHL: If we may now
4 have a reading of the non-controversial
5 calendar, the supplemental active list which
6 begins with Calendar Number 347.
7 ACTING PRESIDENT MEIER: The
8 Secretary will read the non-controversial
9 calendar from the supplemental active list.
10 SENATOR LEICHTER: Excuse me,
11 Mr. President.
12 ACTING PRESIDENT MEIER:
13 Senator Leichter.
14 SENATOR LEICHTER: Before we do
15 that, have the bills been put on our desks,
16 Senator Kuhl, or could we wait 'til we get the
17 bills?
18 ACTING PRESIDENT MEIER:
19 Senator Leichter, I'm informed -- Senator
20 Leichter, I'm informed that the bills are on
21 the desk.
22 SENATOR LEICHTER: They said
23 they're in the book.
24 ACTING PRESIDENT MEIER: The
25 Secretary will read.
5262
1 THE SECRETARY: Calendar Number
2 347, by the Assembly Committee on Rules,
3 Assembly Print 8148-D, an act to amend the
4 General Business Law, in relation to
5 providing.
6 SENATOR OPPENHEIMER: Lay it
7 aside, please.
8 ACTING PRESIDENT MEIER: Lay
9 the bill aside.
10 THE SECRETARY: Calendar Number
11 712, by Senator Leibell, Senate Print 6543, an
12 act to amend the Real Property Law, in
13 relation to manufactured home parks.
14 ACTING PRESIDENT MEIER: Read
15 the last section.
16 THE SECRETARY: Section 2.
17 This act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call
19 the roll.
20 (The Secretary called the
21 roll.)
22 THE SECRETARY: Ayes 61.
23 ACTING PRESIDENT MEIER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
5263
1 735, by Senator Wright, Senate Print 6649, an
2 act to amend the Mental Hygiene Law and
3 others, in relation to the provision.
4 ACTING PRESIDENT MEIER: Read
5 the last section.
6 THE SECRETARY: Section 28.
7 This act shall take effect immediately.
8 ACTING PRESIDENT MEIER: Call
9 the roll.
10 (The Secretary called the
11 roll.)
12 THE SECRETARY: Ayes 61.
13 ACTING PRESIDENT MEIER: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 830, by Senator Volker, Senate Print 3781, an
17 act to amend the Criminal Procedure Law, in
18 relation to interim probation supervision.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 SENATOR LEICHTER: Lay it
22 aside.
23 ACTING PRESIDENT MEIER: Lay
24 the bill aside.
25 THE SECRETARY: Calendar Number
5264
1 1016, by member of the Assembly Sweeney,
2 Assembly Print 9181, an act to amend the
3 General Municipal Law and the Local Finance
4 Law, in relation to making technical and
5 clarifying amendments.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 2.
9 This act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 61.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1017, by Senator LaValle, Senate Print 6138,
19 an act to amend the General Municipal Law and
20 the Local Finance Law, in relation to
21 authorizing defined benefit service award
22 programs.
23 ACTING PRESIDENT MEIER: Read
24 the last section.
25 THE SECRETARY: Section 7.
5265
1 This act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll.)
6 THE SECRETARY: Ayes 61.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1047, by the Assembly Committee on Rules,
11 Assembly Print 11124-A, an act to amend the
12 Environmental Conservation Law, in relation to
13 hazardous waste management facilities.
14 SENATOR STACHOWSKI: Lay it
15 aside.
16 ACTING PRESIDENT MEIER: Lay
17 the bill aside.
18 THE SECRETARY: Calendar Number
19 1087, by Senator Marchi, Senate Print 6725, an
20 act to amend the Tax Law and others, in
21 relation to the payment of state collected
22 taxes to certain public benefit corporations.
23 ACTING PRESIDENT MEIER: Read
24 the last section.
25 THE SECRETARY: Section 6.
5266
1 SENATOR STACHOWSKI: Lay it
2 aside.
3 ACTING PRESIDENT MEIER: Lay
4 the bill aside.
5 THE SECRETARY: Calendar Number
6 1279, by member of the Assembly Ortiz,
7 Assembly Print 5968-A, an act directing the
8 Commissioner of the Office of Children and
9 Family Services to study the child care
10 utilization patterns.
11 ACTING PRESIDENT MEIER: Read
12 the last section.
13 THE SECRETARY: Section 2.
14 This act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call
16 the roll.
17 (The Secretary called the
18 roll.)
19 THE SECRETARY: Ayes 61.
20 ACTING PRESIDENT MEIER: The
21 bill is passed.
22 ACTING PRESIDENT MEIER:
23 Senator Kuhl, this would bring us now to the
24 supplemental calendar. That concluded the
25 last calendar. You want us to proceed?
5267
1 The Secretary will proceed with
2 the non-controversial portion of the
3 supplemental calendar.
4 THE SECRETARY: Calendar Number
5 1435, by Senator Lack, Senate Print 3056, an
6 act to amend the General Municipal Law, in
7 relation to giving municipalities the power to
8 prefer bidders.
9 ACTING PRESIDENT MEIER: Read
10 the last section.
11 THE SECRETARY: Section 2.
12 This act shall take effect on the 30th day.
13 ACTING PRESIDENT MEIER: Call
14 the roll.
15 (The Secretary called the
16 roll.)
17 SENATOR GOLD: Mr. President.
18 ACTING PRESIDENT MEIER:
19 Senator Gold, why do you rise?
20 SENATOR GOLD: Yeah. I would
21 just like to briefly explain my vote.
22 Just to Senator Lack, in case
23 this is not agreed upon or in case they want
24 to amend it, I made the point in committee and
25 I was quite serious, this bill, as I read it,
5268
1 talks about the political subdivision.
2 In an area such as Huntington,
3 if you were dealing with a water district,
4 they have ten water districts and you can have
5 somebody very active in the county who's two
6 blocks out of the water district, you may want
7 to help them and the way I read this bill,
8 they would be disqualified to get the benefit.
9 So perhaps Senator Lack on
10 another print may want to make it instead of
11 the district, the county or the city and give
12 it a little more geographic latitude. I
13 certainly don't oppose the idea and I would
14 vote in the affirmative.
15 ACTING PRESIDENT MEIER:
16 Senator Gold will be recorded in the
17 affirmative.
18 THE SECRETARY: Ayes 61.
19 ACTING PRESIDENT MEIER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1437, by the Assembly Committee on Rules,
23 Assembly Print 11217, an act to amend the
24 Banking Law, in relation to the deposit.
25 ACTING PRESIDENT MEIER: Read
5269
1 the last section.
2 THE SECRETARY: Section 2.
3 This act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call
5 the roll.
6 (The Secretary called the
7 roll.)
8 THE SECRETARY: Ayes 61.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1438, by Senator Seabrook, Senate Print 5542,
13 an act authorizing the city of New York to
14 reconvey its interest in certain real
15 property.
16 ACTING PRESIDENT MEIER: Read
17 the last section.
18 THE SECRETARY: Section 5.
19 This act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call
21 the roll -- there is a home rule message at
22 the desk. Read the last section -- I'm sorry
23 -- call the roll.
24 (The Secretary called the
25 roll.)
5270
1 THE SECRETARY: Ayes 61.
2 ACTING PRESIDENT MEIER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1441, by Senator Lachman, Senate Print 6045,
6 an act authorizing the city of New York to
7 reconvey its interest in certain real
8 property.
9 ACTING PRESIDENT MEIER:
10 There's a home rule message at the desk. Read
11 the last section.
12 THE SECRETARY: Section 5.
13 This act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll.)
18 THE SECRETARY: Ayes 61.
19 ACTING PRESIDENT MEIER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1442, by Senator Johnson, Senate Print 6213-A,
23 an act to amend the Not-for-Profit Corporation
24 Law and others, in relation -- in relation to
25 combinations.
5271
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 THE SECRETARY: Section 16.
4 This act shall take effect in 30 days.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll.)
9 THE SECRETARY: Ayes 61.
10 ACTING PRESIDENT MEIER: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1444 -
14 SENATOR STACHOWSKI: Excuse me.
15 ACTING PRESIDENT MEIER:
16 Senator Stachowski.
17 SENATOR STACHOWSKI: 1442,
18 could I be recorded in the negative, please.
19 ACTING PRESIDENT MEIER:
20 Without objection, Senator -
21 SENATOR KUHL: No objection.
22 ACTING PRESIDENT MEIER:
23 Without objection, Senator Stachowski will be
24 recorded in the negative on Calendar 1442.
25 The Secretary will continue to
5272
1 read -- I'm sorry. Senator Dollinger.
2 SENATOR DOLLINGER: May I be
3 recorded in the negative on Calendar Number
4 1442 as well.
5 ACTING PRESIDENT MEIER:
6 Without objection, Senator Dollinger will be
7 recorded in the negative on Calendar 1442.
8 The Secretary will continue to
9 read.
10 THE SECRETARY: Calendar Number
11 1444, by Senator Lack, Senate Print 6607-A, an
12 act to amend the Real Property Law, in
13 relation to real estate agency disclosure.
14 ACTING PRESIDENT MEIER: Read
15 the last section.
16 THE SECRETARY: Section 2.
17 This act shall take effect January 1.
18 ACTING PRESIDENT MEIER: Call
19 the roll.
20 ACTING PRESIDENT MEIER:
21 Senator Rath.
22 SENATOR RATH: Mr. Chairman, I
23 think I was a bit delayed in voting no on
24 1442. If I could be recorded in the
25 negative. I was in the -
5273
1 ACTING PRESIDENT MEIER:
2 Senator Rath, if we may, we've got a roll call
3 and then we'll get right to you.
4 The Secretary will call the
5 roll.
6 (The Secretary called the
7 roll.)
8 THE SECRETARY: Ayes 61.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 Senator Rath.
12 SENATOR RATH: I'm sorry, Mr.
13 Chairman. I think I was a little slow in
14 getting my vote recorded in the negative on
15 1442.
16 Thank you.
17 ACTING PRESIDENT MEIER:
18 Without objection, Senator Rath will be
19 recorded in the negative on Calendar 1442.
20 Senator Nanula.
21 SENATOR NANULA: Thank you, Mr.
22 President.
23 I too was out of the chamber
24 for the roll call on Calendar Number 1442. I
25 would like to request unanimous consent to be
5274
1 recorded in the negative.
2 ACTING PRESIDENT MEIER:
3 Without objection, you'll be recorded in the
4 negative on Calendar 1442.
5 The Secretary will continue to
6 read.
7 THE SECRETARY: Calendar Number
8 1445 -
9 SENATOR GOLD: Lay it aside,
10 please.
11 ACTING PRESIDENT MEIER: Lay
12 the bill aside.
13 THE SECRETARY: Calendar Number
14 1447, by Senator Hannon, Senate Print 6989-A,
15 an act to amend the Public Health Law, the New
16 York State Medical Care Facilities Finance
17 Agency Act and the Public Authorities Law.
18 ACTING PRESIDENT MEIER: Read
19 the last section.
20 THE SECRETARY: Section 40.
21 This act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call
23 the roll.
24 (The Secretary called the
25 roll.)
5275
1 THE SECRETARY: Ayes 61.
2 ACTING PRESIDENT MEIER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1448, by Senator Present, Senate Print 7...
6 SENATOR OPPENHEIMER: Lay it
7 aside.
8 ACTING PRESIDENT MEIER: Lay
9 the bill aside.
10 THE SECRETARY: Calendar Number
11 1449, by Senator Seward, Senate Print 7369-A,
12 an act to amend the Tax Law, in relation to
13 the franchise tax.
14 SENATOR LEICHTER: Lay it
15 aside.
16 ACTING PRESIDENT MEIER: Lay
17 the bill aside.
18 THE SECRETARY: In relation to
19 Calendar Number 1450, Senator Marchi moves to
20 discharge from the Committee on Rules Assembly
21 Bill Number 10786 and substitute it for the
22 identical Third Reading Calendar 1450.
23 ACTING PRESIDENT MEIER: The
24 substitution is ordered. The Secretary will
25 read.
5276
1 THE SECRETARY: Calendar Number
2 1450, by the Assembly Committee on Rules,
3 Assembly Print 10786, an act to amend the
4 Education Law, in relation to the prompt
5 payment.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 2.
9 This act shall take effect in 30 days.
10 ACTING PRESIDENT MEIER: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 61.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1452, by Senator Stafford, Senate Print
19 7535-A, an act to amend the Tax Law, in
20 relation to eliminating the depends tax on
21 assets.
22 ACTING PRESIDENT MEIER: Read
23 the last section.
24 THE SECRETARY: Section 4.
25 This act shall take effect immediately.
5277
1 ACTING PRESIDENT MEIER: Call
2 the roll.
3 (The Secretary called the
4 roll.)
5 THE SECRETARY: Ayes 61.
6 ACTING PRESIDENT MEIER: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1453, by Senator Libous, Senate Print 7551, an
10 act to confer jurisdiction upon the Court of
11 Claims to hear, audit and determine.
12 ACTING PRESIDENT MEIER: Read
13 the last section.
14 THE SECRETARY: Section 5.
15 This act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call
17 the roll.
18 (The Secretary called the
19 roll.)
20 THE SECRETARY: Ayes 59, nays
21 2, Senators Dollinger and Saland recorded in
22 the negative.
23 ACTING PRESIDENT MEIER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
5278
1 1454, by Senator Holland, Senate Print 7592,
2 an act to amend the Social Services Law, in
3 relation to county responsibility.
4 ACTING PRESIDENT MEIER: Read
5 the last section.
6 THE SECRETARY: Section 3.
7 This act shall take effect immediately.
8 ACTING PRESIDENT MEIER: Call
9 the roll.
10 (The Secretary called the
11 roll.)
12 THE SECRETARY: Ayes 61.
13 ACTING PRESIDENT MEIER: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1455, by Senator Marcellino, Senate Print
17 7600, an act to amend the Environmental
18 Conservation Law, in relation to increasing
19 criminal sanctions.
20 ACTING PRESIDENT MEIER: Read
21 the last section.
22 THE SECRETARY: Section 3.
23 This act shall take effect on the first day of
24 November.
25 ACTING PRESIDENT MEIER: Call
5279
1 the roll.
2 (The Secretary called the
3 roll.)
4 THE SECRETARY: Ayes 61.
5 ACTING PRESIDENT MEIER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1456, by Senator Kuhl, Senate Print 7647, an
9 act to amend the Agriculture and Markets Law,
10 in relation to persons exempt from certain
11 regulation.
12 ACTING PRESIDENT MEIER: Read
13 the last section.
14 THE SECRETARY: Section 2.
15 This act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call
17 the roll.
18 (The Secretary called the
19 roll.)
20 THE SECRETARY: Ayes 61.
21 ACTING PRESIDENT MEIER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1457, by Senator Present, Senate Print 7660,
25 an act to amend the Penal Law and the Real
5280
1 Property Actions and Proceedings Law, in
2 relation to the criminal sale of controlled
3 substances.
4 ACTING PRESIDENT MEIER: Read
5 the last section.
6 THE SECRETARY: Section 10.
7 This act shall take effect immediately.
8 ACTING PRESIDENT MEIER: Call
9 the roll.
10 (The Secretary called the
11 roll.)
12 THE SECRETARY: Ayes 61.
13 ACTING PRESIDENT MEIER: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1458, by Senator Bruno, Senate Print 7680-A,
17 an act to authorize the New York State Urban
18 Development Corporation to utilize certain
19 funds.
20 ACTING PRESIDENT MEIER:
21 Senator Kuhl.
22 SENATOR KUHL: Mr. President,
23 is there a message of necessity at the desk?
24 ACTING PRESIDENT MEIER: There
25 is a message at the desk.
5281
1 SENATOR KUHL: I move we accept
2 the message.
3 ACTING PRESIDENT MEIER: All
4 those in favor of accepting the message of
5 necessity signify by saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The message of necessity is
10 accepted. There is also a home rule message
11 at the desk.
12 SENATOR KUHL: Read the last
13 section.
14 ACTING PRESIDENT MEIER: Read
15 the last section -- to correct the record,
16 there is not a home rule message on this.
17 Read the last section.
18 THE SECRETARY: Section 7.
19 This act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call
21 the roll.
22 (The Secretary called the
23 roll.)
24 THE SECRETARY: Ayes 61.
25 ACTING PRESIDENT MEIER: The
5282
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1459, by Senator Holland, Senate Print 7686,
4 an act to amend the Public Authorities Law.
5 ACTING PRESIDENT MEIER: Read
6 the last section.
7 THE SECRETARY: Section 2.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call
10 the roll.
11 (The Secretary called the
12 roll.)
13 THE SECRETARY: Ayes 61.
14 ACTING PRESIDENT MEIER: The
15 bill is passed.
16 SENATOR GOLD: Mr. President.
17 ACTING PRESIDENT MEIER:
18 Senator Gold.
19 SENATOR GOLD: Thank you.
20 Mr. President, I laid aside
21 1445. I don't have an objection. If you want
22 to call it up, it can pass.
23 SENATOR KUHL: Call up 1445,
24 please.
25 ACTING PRESIDENT MEIER: The
5283
1 Secretary will read Calendar 1445.
2 THE SECRETARY: Calendar Number
3 1445, by Senator Hannon, Senate Print 6711-B,
4 an act to amend the State Finance Law, in
5 relation to damages for delay clauses.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 2.
9 This act shall take effect on the first day of
10 January.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll.)
15 THE SECRETARY: Ayes 61.
16 ACTING PRESIDENT MEIER: The
17 bill is passed.
18 Senator DeFrancisco.
19 SENATOR DeFRANCISCO: I would
20 just like to explain my vote.
21 I'm voting yes, but I'm a
22 little bit confused by the bill memo and the
23 intent of the legislation.
24 The bill memo talks about in
25 the last decade public owners have come to
5284
1 recognize the value of including
2 non-exculpatory clauses in construction
3 contracts. What I think is meant by that,
4 clauses that basically say you can sue for
5 delay damages.
6 My practice has been heavily
7 involved in this type of litigation and I
8 think the opposite is really true. The
9 municipalities have no damages for delay
10 clauses.
11 So the initial premise upon
12 which this bill is done, I think is not a
13 correct premise and rather than -- I think the
14 intent of the bill, however, is to indicate
15 circumstances where you can sue for delay
16 damages and I don't want to get into too much
17 detail, but that's certainly relief that's
18 needed by the contractors.
19 The concern that I have,
20 though, with the bill, it just talks about all
21 these exceptions where you can sue for
22 excusable delay and it lists what it is. I
23 would hope that it doesn't mean -- and I take
24 it to not mean that you can't sue for other
25 damages for delay. It would seem that you
5285
1 should be able to sue for non-excusable delay
2 more than excusable delay. If there's an
3 excuse, you shouldn't be able to sue, but in
4 any event, the point is I don't think the bill
5 memo is correct in its premise. I take this
6 bill to mean to expand the rights to litigate
7 when the town or village or municipality is at
8 fault and that's why I'm voting yes.
9 ACTING PRESIDENT MEIER:
10 Senator DeFrancisco will be recorded in the
11 affirmative.
12 The Secretary will continue to
13 read in regular order.
14 SENATOR GOLD: Mr. President.
15 ACTING PRESIDENT MEIER: I'm
16 sorry. Senator Abate.
17 SENATOR ABATE: Yes. On
18 Calendar Number 1453, I would like to be
19 recorded in the negative.
20 ACTING PRESIDENT MEIER:
21 Without objection, Senator Abate will be
22 recorded in the negative on Calendar 14...
23 SENATOR KUHL: Mr. President, I
24 don't think you finished the roll call first.
25 Could we do that first and then you can take
5286
1 some votes.
2 ACTING PRESIDENT MEIER: We did
3 finish the roll call, Senator.
4 SENATOR KUHL: Okay. I don't
5 think you announced the results, did you?
6 ACTING PRESIDENT MEIER: Yes, I
7 did. The bill is passed.
8 Senator Abate, without
9 objection, will be recorded in the negative on
10 Calendar 1453.
11 The Secretary will continue to
12 read in regular order.
13 THE SECRETARY: Calendar Number
14 1462, by Senator Skelos, Senate Print 7715, an
15 act to amend the Election Law, in relation to
16 the appointment of a commissioner.
17 ACTING PRESIDENT MEIER: Read
18 the last section.
19 THE SECRETARY: Section 2.
20 This act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call
22 the roll.
23 (The Secretary called the
24 roll.)
25 THE SECRETARY: Ayes 61.
5287
1 ACTING PRESIDENT MEIER: The
2 bill is passed.
3 The Secretary will read
4 Calendar 1461.
5 THE SECRETARY: Calendar Number
6 1461, by Senator Lack, Senate Print 7703, an
7 act to amend the Real Property Law, in
8 relation to computer-based real estate
9 continuing education classes.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 2.
13 This act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll.)
18 THE SECRETARY: Ayes 61.
19 ACTING PRESIDENT MEIER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1463, by Senator Meier, Senate Print 7721, an
23 act authorizing the Commissioner of General
24 Services to transfer and convey.
25 ACTING PRESIDENT MEIER: Read
5288
1 the last section.
2 THE SECRETARY: Section 6.
3 This act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call
5 the roll.
6 (The Secretary called the
7 roll.)
8 THE SECRETARY: Ayes 61.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1465, by Senator Holland, Senate Print 7724,
13 an act to amend the Education Law, in relation
14 to the handling and treatment of pupils
15 afflicted with asthma.
16 ACTING PRESIDENT MEIER: Read
17 the last section.
18 THE SECRETARY: Section 2.
19 This act shall take effect on the 120th day.
20 ACTING PRESIDENT MEIER: Call
21 the roll.
22 (The Secretary called the
23 roll.)
24 THE SECRETARY: Ayes 61.
25 ACTING PRESIDENT MEIER: The
5289
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1467, by Senator Present, Senate Print 7737,
4 an act to amend the Education Law, in relation
5 to the lease of school buses.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 7.
9 This act shall take effect September 1.
10 ACTING PRESIDENT MEIER: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 61.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1468, by the Senate Committee on Rules, Senate
19 Print 7743, an act to amend Chapter 552 of the
20 Laws of 1995.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 THE SECRETARY: Section 2.
24 This act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call
5290
1 the roll.
2 (The Secretary called the
3 roll.)
4 THE SECRETARY: Ayes 61.
5 ACTING PRESIDENT MEIER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1473, by Senator Spano, Senate Print 7734, an
9 act to amend the Labor Law.
10 SENATOR KUHL: Lay the bill
11 aside.
12 ACTING PRESIDENT MEIER:
13 Senator Kuhl, that completes the
14 non-controversial calendar.
15 SENATOR VOLKER: Mr. President.
16 ACTING PRESIDENT MEIER:
17 Senator Volker.
18 SENATOR VOLKER: Mr. President,
19 for the first time in two years, I would like
20 to make a request for unanimous consent to be
21 recorded in the negative on Calendar Number
22 1442, by Senator Johnson, on page 2, Senate
23 Print 6213-A.
24 ACTING PRESIDENT MEIER:
25 Without objection, Senator Volker will be
5291
1 recorded in the negative on Calendar Number
2 1442.
3 Senator Kuhl.
4 SENATOR KUHL: Yes, Mr.
5 President. May we now take up the
6 controversial calendar after you recognize
7 Senator Breslin.
8 ACTING PRESIDENT MEIER: Yes.
9 Senator Breslin.
10 SENATOR BRESLIN: Mr.
11 President, I request to be recorded in the
12 negative on 1453 with unanimous consent.
13 ACTING PRESIDENT MEIER:
14 Without objection, Senator Breslin will be
15 recorded in the negative on Calendar 1453.
16 The Secretary will read the
17 controversial calendar.
18 THE SECRETARY: Calendar Number
19 347, by the Assembly Committee on Rules,
20 Assembly Print 8148-D, an act to amend the
21 General Business Law, in relation to providing
22 for the regulation.
23 ACTING PRESIDENT MEIER: Read
24 the last section.
25 THE SECRETARY: Section 5.
5292
1 This act shall take effect on the first day of
2 January.
3 ACTING PRESIDENT MEIER: Call
4 the roll.
5 (The Secretary called the
6 roll.)
7 THE SECRETARY: Ayes 61.
8 ACTING PRESIDENT MEIER: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 830, by Senator Volker, Senate Print 3781, an
12 act to amend the Criminal Procedure Law, in
13 relation to interim probation supervision.
14 SENATOR LEICHTER: Can we have
15 an explanation, please.
16 ACTING PRESIDENT MEIER:
17 Senator Volker, an explanation has been
18 requested by Senator Leichter.
19 SENATOR VOLKER: This is a bill
20 that came from -- actually came from the OCA
21 and it is not a regular criminal justice bill
22 and it authorizes the court to place a
23 defendant on interim supervision.
24 SENATOR LEICHTER: Explanation
25 satisfactory.
5293
1 SENATOR VOLKER: Okay. Thank
2 you.
3 ACTING PRESIDENT MEIER: Read
4 the last section.
5 THE SECRETARY: Section 2.
6 This act shall take effect in 90 days.
7 ACTING PRESIDENT MEIER: Call
8 the roll.
9 (The Secretary called the
10 roll.)
11 THE SECRETARY: Ayes 61.
12 ACTING PRESIDENT MEIER: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1047, by the Assembly Committee on Rules,
16 Assembly Print 11124-A, an act to amend the
17 Environmental Conservation Law, in relation to
18 hazardous waste management facilities.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 SENATOR OPPENHEIMER:
22 Explanation.
23 ACTING PRESIDENT MEIER:
24 Senator Marcellino, an explanation has been -
25 SENATOR OPPENHEIMER: No. If
5294
1 you recognize me.
2 ACTING PRESIDENT MEIER:
3 Senator Oppenheimer.
4 SENATOR OPPENHEIMER: I got an
5 explanation already from Senator Marcellino
6 and it's very satisfactory, so I will be
7 voting for the bill.
8 ACTING PRESIDENT MEIER: Read
9 the last section.
10 THE SECRETARY: Section 2.
11 This act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call
13 the roll.
14 (The Secretary called the
15 roll.)
16 THE SECRETARY: Ayes 61.
17 ACTING PRESIDENT MEIER: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1087, by Senator Marchi, Senate Print 6725, an
21 act to amend the Tax Law and others, in
22 relation to the payment of state collected
23 taxes.
24 ACTING PRESIDENT MEIER: Read
25 the last section.
5295
1 THE SECRETARY: Section 6.
2 This act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call
4 the roll.
5 (The Secretary called the
6 roll.)
7 THE SECRETARY: Ayes 61.
8 ACTING PRESIDENT MEIER: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1448, by Senator Present, Senate Print 7249-A,
12 an act to amend the Alcoholic Beverage Control
13 Law, in relation to restaurant brewer
14 licenses.
15 SENATOR LEICHTER: Explanation,
16 please.
17 ACTING PRESIDENT MEIER:
18 Senator Present, an explanation has been
19 requested of Calendar 1448 by Senator
20 Stachowski.
21 SENATOR PRESENT: Mr.
22 President, in 1997 we created a special
23 license for microbrewers and we sort of cut
24 out current restaurant owners.
25 This bill would allow
5296
1 restaurant owners to apply for such a license
2 and if they manufacture or brew only 20,000 or
3 less barrels a year. So it corrects an
4 inequity in the law. These microbreweries and
5 small brewery restaurants have been doing
6 well. They're occupying vacant spaces in many
7 communities, in run-down areas, in abandoned
8 industrial areas. It creates the economy of
9 the state. It creates jobs and makes it fair
10 practice for those engaged in that business.
11 ACTING PRESIDENT MEIER:
12 Senator Stachowski.
13 SENATOR STACHOWSKI: Will
14 Senator Present yield for a couple of
15 questions?
16 ACTING PRESIDENT MEIER:
17 Senator, do you yield to a question?
18 SENATOR PRESENT: Yes, I will.
19 ACTING PRESIDENT MEIER: The
20 sponsor yields.
21 SENATOR STACHOWSKI: Senator,
22 in a memo, the New York State Beer Wholesalers
23 Association have some opposition to this bill,
24 claiming that, for one, it's an unjustified
25 exception to New York's tight held statute and
5297
1 they cite that this law which is embodied in
2 Section 101 of the ABC Law prohibits
3 manufacturers from being interested in retail
4 accounts. They're claiming this prohibition
5 -- that this exception is unnecessary and
6 they're afraid of possible problems that they
7 might run into if different kinds of companies
8 start owning brew pubs.
9 SENATOR PRESENT: Do you agree
10 with that?
11 SENATOR STACHOWSKI: I'm asking
12 you the question. Do you think that's a real
13 problem?
14 SENATOR PRESENT: No, I don't
15 agree with that lobbyist memorandum. You
16 apparently do. You're raising the question.
17 You know, that's business in New York State,
18 competitive business.
19 SENATOR STACHOWSKI: Thanks.
20 That's the only question I had.
21 SENATOR PRESENT: Last section.
22 SENATOR STACHOWSKI: On the
23 bill.
24 ACTING PRESIDENT MEIER:
25 Senator Stachowski, on the bill.
5298
1 SENATOR STACHOWSKI: As much as
2 I respect my dear friend Senator Present and
3 as much as I know that brew pubs are a good
4 business, I do kind of agree with the problem
5 that they're citing. I don't know that we
6 want to have these -- I can understand that
7 the brew pub that is -- some of them are
8 restaurants but to have brew pubs owning
9 separate restaurants and retaurants then
10 buying -- opening up brew pubs, I don't know
11 that that's what we want to get into and
12 there's a concern, I guess, lying even deeper
13 that next thing you know some of the larger
14 beer people, for example, Coors would open up
15 a microbrew place and the next thing you know
16 they would be running their business out of
17 that in the locality and eliminating the beer
18 wholesaler.
19 So that's the real problem that
20 they face down the road that they're talking
21 about and whether it's real or not, I don't
22 know, but I know some small beer wholesalers
23 and I really don't want to put them out of
24 business.
25 So I'm going to oppose this
5299
1 even though I don't blame Senator Present for
2 pushing it.
3 ACTING PRESIDENT MEIER: Read
4 the last section.
5 THE SECRETARY: Section 2.
6 This act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call
8 the roll.
9 (The Secretary called the
10 roll.)
11 THE SECRETARY: Those recorded
12 in the negative on Calendar Number 1448 are
13 Senators Connor, Paterson, Sampson, Smith and
14 Stachowski. Ayes 56, nays 5.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1449, by Senator Seward, Senate Print 7369-A,
19 an act to amend the Tax Law, in relation to
20 the franchise tax on certain utilities.
21 SENATOR LEICHTER: Explanation.
22 ACTING PRESIDENT MEIER:
23 Senator Seward, an explanation has been
24 requested of Calendar Number 1449 by Senator
25 Leichter.
5300
1 SENATOR SEWARD: Certainly, Mr.
2 President. This legislation deals with a
3 portion of the gross receipts tax and as we
4 all know and we've discussed many times in
5 this chamber, there is a four and a half
6 percent gross receipts tax that is imposed on
7 our utility bills and even though in last
8 year's budget we had begun to slowly bring
9 down a portion of the gross receipts tax
10 between now and the year 2000, the four and a
11 half percent gross receipts tax is actually
12 made up of three-quarters of a percent gross
13 earnings tax imposed by Section 186 of the Tax
14 Law and three and a half percent gross income
15 tax imposed by Section 186 (a).
16 Now, this legislation before us
17 deals with that three-quarter percent of gross
18 receipts tax. It amends Section 186 of the
19 Tax Law to exempt the sales or resale by
20 electricity, water, steam or gas corporation
21 from the three-quarters of a percent gross
22 receipts tax. Specifically the sales for
23 resale would be exempted from the definitions
24 of the gross earnings for the purposes of that
25 section.
5301
1 Now, why is this important?
2 Under the traditional structure that we've had
3 in our utilities and our electric industry in
4 this state, it's been vertically integrated
5 where the end sale to the ratepayer is when
6 this tax is collected and under the vertically
7 integrated arrangement we have had in this
8 state, that tax is paid only once.
9 However, we are approaching a
10 time when there will be true competition. We
11 will see a number of new participants in the
12 market here in New York State, a lot of
13 marketers, brokers and energy service
14 companies and we will be seeing the
15 electricity sold and resold perhaps a number
16 of times before getting to the end user and
17 what this legislation seeks to do is to avoid
18 the imposition of this tax every time one of
19 those resales -- sales for resale take place,
20 the tax would still be imposed on the end
21 user.
22 So it will be paid once rather
23 than a number of times will occur if we do not
24 pass this legislation.
25 SENATOR LEICHTER: Mr.
5302
1 President.
2 ACTING PRESIDENT MEIER:
3 Senator Leichter.
4 SENATOR LEICHTER: If Senator
5 Seward would yield.
6 ACTING PRESIDENT MEIER:
7 Senator, will you yield for a question?
8 SENATOR SEWARD: Certainly.
9 ACTING PRESIDENT MEIER: The
10 sponsor yields.
11 SENATOR LEICHTER: Senator, I
12 think we all agree that the gross receipts tax
13 is an unfortunate tax and our concern is, of
14 course, primarily with the amounts that the
15 consumer pays because the tax is passed on to
16 the consumer, but I'm not clear with the
17 exception that you make to the payment of the
18 tax, how that's going to benefit the ultimate
19 consumer, how it's going to reduce their tax
20 bill.
21 SENATOR SEWARD: Well, very
22 simply, Mr. President. The tax we're talking
23 about, let's be clear here, is not paid by the
24 utility involved, or the electric
25 corporation. It is paid by the ratepayers.
5303
1 These costs are passed on to the ratepayers
2 and so absent this legislation being enacted
3 into law, that ratepayer is going to be hit
4 with a significant increase in the cost of
5 their electricity because there will be
6 additional tax imposed every time electricity
7 is sold for resale.
8 So we're just -- we're
9 attempting to eliminate that tax hike and -
10 which translates into a rate hike for the end
11 user, the ratepayer of electricity.
12 SENATOR LEICHTER: If you'll
13 continue to yield, Senator.
14 ACTING PRESIDENT MEIER:
15 Senator, do you continue to yield? Senator
16 Seward continues to yield.
17 SENATOR LEICHTER: I understand
18 how the tax is paid by the ultimate consumer
19 because under the current system the utility,
20 as it sells the energy to a consumer, will
21 tack on the gross receipts tax. Now you have
22 an instance where one utility sells to another
23 utility which may then sell to the ultimate
24 consumer. Are you saying that as the gross
25 receipts tax is presently administered and
5304
1 structured that the consumer in that instance
2 where there's a resale, that the gross
3 receipts tax allows the pass-through to the
4 consumer of the tax that is paid on the
5 resale, let's say Con Edison sells to Niagara
6 Mohawk. Niagara Mohawk then sells to a
7 consumer, right? That's the situation you're
8 envisaging, right?
9 SENATOR SEWARD: Yes. It could
10 occur between utilities or electric companies,
11 independent power producers.
12 SENATOR LEICHTER: I
13 understand. Let's take my example.
14 SENATOR SEWARD: Right.
15 SENATOR LEICHTER: If I
16 understand it. Niagara Mohawk sells to a
17 consumer, charges the gross receipts tax, that
18 tax we would like to eliminate it. Now we
19 have Con Edison selling to Niagara Mohawk.
20 Niagara Mohawk has to pay that gross receipts
21 tax to Con Edison -- well, it pays as part of
22 the overall bill the gross receipts tax,
23 right?
24 SENATOR SEWARD: That's
25 correct, sir.
5305
1 SENATOR LEICHTER: Now, Niagara
2 Mohawk now sells electricity to the ultimate
3 consumer. I'm not sure that under the law as
4 it's administered that there would be any
5 basis for it to charge to the consumer not
6 just the ordinary gross receipts tax but also
7 the amount of the tax that Niagara Mohawk paid
8 to Con Ed -- paid on the purchase from Con
9 Edison.
10 SENATOR SEWARD: Well, Mr.
11 President, Senator Leichter is mistaken. The
12 end seller of the electricity is entitled to
13 -- as a legitimate cost or adding to the rate
14 that they charge the end user of electricity,
15 they're entitled to pass through all of the
16 taxes that they have paid.
17 SENATOR LEICHTER: Okay.
18 SENATOR SEWARD: That's one of
19 the problems in the state of New York. Those
20 taxes are too high. They'll be even higher if
21 we don't enact this bill.
22 SENATOR LEICHTER: Okay. So
23 what you're saying, if I understand it,
24 Senator -- in which case this certainly is a
25 good bill -- that not only do they pass on the
5306
1 gross receipts tax ordinarily paid by the
2 consumer but that all other taxes that they
3 may have paid including any other gross
4 receipts tax that they may have paid on the
5 purchase from another utility can be passed
6 along to the ultimate user and that's what you
7 seek to avoid.
8 SENATOR SEWARD: That is
9 correct. In fact, it varies from utility to
10 utility, but let's say on the average it's
11 about 17 and 19 cents of every dollar we pay
12 in our utility bill is some sort of tax that's
13 been passed through to the end user and that
14 will increase if we don't enact this bill.
15 SENATOR LEICHTER: Because
16 there's going to be more resales of
17 electricity.
18 SENATOR SEWARD: Exactly.
19 SENATOR LEICHTER: I
20 understand. I thank you for your explanation.
21 SENATOR SEWARD: Thank you.
22 Last section.
23 ACTING PRESIDENT MEIER: Read
24 the last section.
25 THE SECRETARY: Section 2.
5307
1 This act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll.)
6 THE SECRETARY: Ayes 61.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 For the information to the
10 members, there will be another Rules Committee
11 meeting called some time shortly and we will
12 take up another Rules report this evening.
13 (Whereupon, the Senate stood at
14 ease.)
15 ACTING PRESIDENT SPANO:
16 Senator Larkin.
17 SENATOR LARKIN: Mr. President,
18 there will be an immediate meeting of the
19 Rules Committee in Room 332.
20 ACTING PRESIDENT SPANO:
21 Immediate meeting of the Rules Committee in
22 Room 332.
23 (Whereupon, the Senate stood at
24 ease from 9:40 p.m. until 10:14 p.m.)
25 ACTING PRESIDENT MEIER: The
5308
1 Senate will come to order, please.
2 Senator Kuhl.
3 SENATOR KUHL: Yes, Mr.
4 President.
5 May we return to the
6 supplemental active list number 2 and Calendar
7 Number 1473, could we have that bill read,
8 please.
9 ACTING PRESIDENT MEIER:
10 Secretary will return to the supplemental
11 active list and read Calendar Number 1473.
12 THE SECRETARY: Calendar Number
13 1473, by Senator Spano, Senate Print 7734, an
14 act to amend the Labor Law, in relation to
15 unlawfully manufactured apparel.
16 ACTING PRESIDENT MEIER: Read
17 the last section.
18 Senator Kuhl.
19 SENATOR KUHL: Yes. Mr.
20 President, is there a message at the desk?
21 ACTING PRESIDENT MEIER: Yes,
22 there is.
23 SENATOR KUHL: I move we accept
24 the message.
25 ACTING PRESIDENT MEIER: All
5309
1 those in favor of accepting the message of
2 necessity signify by saying aye.
3 (Response of "Aye.")
4 Opposed nay.
5 (There was no response.)
6 The message is accepted. Read
7 the last section.
8 THE SECRETARY: Section 3.
9 This act shall take effect on the same date as
10 the chapter of the laws of 1998.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll. )
15 THE SECRETARY: Ayes 61.
16 ACTING PRESIDENT MEIER: The
17 bill is passed.
18 Senator Kuhl.
19 SENATOR KUHL: Yes. Now, Mr.
20 President, may we return to the order of
21 reports of standing committees. I believe
22 there's a report of the Rules Committee at the
23 desk. I'd ask the Secretary to read it.
24 ACTING PRESIDENT MEIER:
25 Secretary will read the Rules Committee
5310
1 report.
2 THE SECRETARY: Senator Bruno,
3 from the Committee on Rules, offers up the
4 following bills for third reading:
5 Senate bill 524-A, by Senator
6 Present, an act to amend the Tax Law, in
7 relation to the production of oil;
8 1342-C, by Senator Stafford, an
9 act to amend the Family Court Act;
10 1774, by Senator Kuhl, an act
11 to amend the Agriculture and Markets Law, in
12 relation to the use of lands in agriculture;
13 3311-C, by Senator Goodman and
14 others, an act to amend the Agriculture and
15 Markets Law, in relation to aggravated
16 cruelty;
17 3449-C, by Senator Marchi, an
18 act to amend the Navigation Law;
19 4416, by Senator Skelos, an act
20 to amend the Civil Practice Law and Rules;
21 5202-A, by Senator Nozzolio, an
22 act to amend the Correction Law;
23 5439-A, by Senator Markowitz,
24 an act authorizing the city of New York;
25 5703-A, by Senator Dollinger,
5311
1 an act to amend the Railroad Law;
2 6046-A, by Senator Skelos, an
3 act to amend the Navigation Law and the State
4 Finance Law;
5 6155-A, by Senator Goodman and
6 others, an act to amend the Local Finance Law,
7 in relation to the sale of bonds;
8 6256-A, by Senator Goodman, an
9 act to amend Chapter 115 of the Laws of 1995;
10 6491-A, by Senator Johnson, an
11 act to amend the Lien Law;
12 6632-a, by Senator Marchi, an
13 act authorizing the city of New York to
14 reconvey;
15 6760, by Senator Meier, an act
16 to amend the Family Court Act;
17 6769-A, by Senator Leibell, an
18 act authorizing the town of Phillipstown;
19 6774-A, by Senator Alesi, an
20 act to amend the Tax Law, in relation to the
21 basis;
22 6829-A, by Senator Saland, an
23 act authorizing the town of Claverack;
24 7361, by Senator Saland, an act
25 to amend the Social Services Law;
5312
1 7572-A, by Senator Velella, an
2 an act to amend the Insurance Law;
3 7595-B, by Senator Alesi, an
4 act to amend the Local Finance Law;
5 7596-A, by Senator Alesi, an
6 act to authorize the city of Rochester;
7 7732, by Senator Balboni, an
8 act in relation to adjusting;
9 7733, by Senator Libous, an act
10 to amend Chapter 649 of the Laws of 1996;
11 7740, by Senator Padavan, an
12 act to amend the Education Law;
13 7742, by Senator Holland, an
14 act to authorize the sale of real property;
15 7762, by Senator Skelos, an act
16 authorizing the assessor of the county of
17 Nassau;
18 7764, by Senator Padavan, an
19 act to amend the Real Property Tax Law;
20 7766, by Senator Padavan, an
21 act to amend the Education Law;
22 7770, by Senator Libous and
23 others, an act to amend Chapter 723 of the
24 Laws of 1993;
25 7776, by Senator Goodman, an
5313
1 act to amend the General Business Law;
2 7783, by the Committee on
3 Rules, an act to amend the Civil Service Law;
4 7795, by the Committee on
5 Rules, an act to amend the Insurance Law;
6 7811, by Senator Velella, an
7 act to amend the Vehicle and Traffic Law;
8 7413, by Senator Stachowski, an
9 act to amend the Penal Law.
10 All bills directly for third
11 reading.
12 ACTING PRESIDENT MEIER:
13 Senator Kuhl. Senator Kuhl.
14 SENATOR KUHL: Yes, Mr.
15 President. I move we accept the report of the
16 Rules Committee at this time.
17 ACTING PRESIDENT MEIER: All
18 those in favor of accepting the report of the
19 Rules Committee signify by saying aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (There was no response. )
23 The report of the Rules
24 Committee is accepted.
25 SENATOR KUHL: Now, Mr.
5314
1 President, may we go to the order of motions
2 and resolutions. I believe you've got some
3 substitutions at the desk.
4 ACTING PRESIDENT MEIER:
5 Motions and resolutions. The Secretary will
6 read the substitutions.
7 ACTING PRESIDENT MEIER:
8 Senator Kuhl.
9 SENATOR KUHL: Yes, Mr.
10 President. May we now proceed.
11 ACTING PRESIDENT MEIER:
12 Secretary will read.
13 THE SECRETARY: In relation to
14 Calendar Number 1474, Senator Present moves to
15 discharge from the Committee on Finance
16 Assembly Bill 2156-A, and substitute it for
17 the identical Senate Bill 524-A.
18 ACTING PRESIDENT MEIER:
19 Substitution ordered. Secretary will read.
20 THE SECRETARY: Calendar Number
21 1474, by member of the Assembly Parment,
22 Assembly Print 2156-A, an act to amend the Tax
23 Law, in relation to production of oil and
24 gas.
25 ACTING PRESIDENT MEIER: Read
5315
1 the last section.
2 THE SECRETARY: Section 4.
3 This act shall take effect on the first day of
4 sales tax quarterly period.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll. )
9 SENATOR LEICHTER: Is this
10 1474?
11 ACTING PRESIDENT MEIER: Yes.
12 (The Secretary called the
13 roll. )
14 THE SECRETARY: Ayes 60, nays
15 one, Senator Leichter recorded in the
16 negative.
17 ACTING PRESIDENT MEIER: The
18 bill is passed.
19 THE SECRETARY: In relation to
20 Calendar Number 1476, Senator Kuhl moves to
21 discharge from the Committee on Rules Assembly
22 Bill 3029 and substitute it for the identical
23 Senate Bill 1774.
24 ACTING PRESIDENT MEIER:
25 Substitution ordered. Secretary will read.
5316
1 THE SECRETARY: Calendar Number
2 1476, by the Assembly Committee on Rules,
3 Assembly Print 3029, an act to amend the
4 Agriculture and Markets Law, in relation to
5 use of lands in agriculture.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 (The Secretary called the
9 roll. )
10 THE SECRETARY: Ayes 61.
11 ACTING PRESIDENT MEIER: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1479, by Senator Skelos, Senate Print 4416, an
15 act to amend the Civil Practice Law and
16 Rules.
17 ACTING PRESIDENT MEIER: Read
18 the last section.
19 THE SECRETARY: Section 2.
20 This act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call
22 the roll.
23 (The Secretary called the
24 roll. )
25 THE SECRETARY: Ayes 61.
5317
1 ACTING PRESIDENT MEIER: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1480, by Senator Nozzolio, Senate Print
5 5202-A, an act to amend the Corrections Law,
6 in relation to a compensation cap.
7 ACTING PRESIDENT MEIER: Read
8 the last section.
9 THE SECRETARY: Section 2.
10 This act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll. )
15 THE SECRETARY: Ayes 61.
16 ACTING PRESIDENT MEIER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1481, by Senator Markowitz, Senate Print
20 5439-A, an act authorizing the city of New
21 York to reconvey.
22 ACTING PRESIDENT MEIER: Read
23 the last section.
24 THE SECRETARY: Section 5.
25 This act shall take effect immediately.
5318
1 ACTING PRESIDENT MEIER: Call
2 the roll. O.K. There is a home rule message
3 at the desk. Call the roll.
4 (The Secretary called the
5 roll. )
6 THE SECRETARY: Ayes 61.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1482, by Senator Dollinger, Senate Print
11 5703-A, an act to amend the Railroad Law.
12 ACTING PRESIDENT MEIER: Last
13 section.
14 THE SECRETARY: Section 2.
15 This act shall take effect on the first day of
16 November.
17 ACTING PRESIDENT MEIER: Call
18 the roll.
19 (The Secretary called the
20 roll. )
21 THE SECRETARY: Ayes 61.
22 ACTING PRESIDENT MEIER: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 1484, Senator Goodman moves to
5319
1 discharge from the Committee on Rules Assembly
2 Bill 9428-A, and substitute it for the
3 identical Senate Bill 6155-A.
4 ACTING PRESIDENT MEIER:
5 Substitution ordered. Secretary will read.
6 THE SECRETARY: Calendar Number
7 1484, by member of the Assembly Farrell,
8 Assembly Print 9428-A, an act to amend the
9 Local Finance Law.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 SENATOR PATERSON: Lay aside.
13 ACTING PRESIDENT MEIER: Lay
14 the bill aside.
15 THE SECRETARY: Calendar Number
16 1487, by Senator Marchi, Senate Print 6632-A,
17 an act authorizing the city of New York to
18 reconvey.
19 ACTING PRESIDENT MEIER:
20 There's a home rule message at the desk. Read
21 the last section.
22 THE SECRETARY: Section 2.
23 This act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call
25 the roll.
5320
1 (The Secretary called the
2 roll. )
3 THE SECRETARY: Ayes 61.
4 ACTING PRESIDENT MEIER: The
5 bill is passed.
6 THE SECRETARY: In relation to
7 Calendar Number 1484 -- correction, Calendar
8 Number 1488, by Senator Meier, Senate Print
9 6760, an act to amend the Family Court Act.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 2.
13 This act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll. )
18 THE SECRETARY: Ayes 61.
19 ACTING PRESIDENT MEIER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1489, by Senator Leibell, Senate Print 6769-A,
23 an act authorizing the town of Phillipstown.
24 ACTING PRESIDENT MEIER:
25 There's a home rule message at the desk. Read
5321
1 the last section.
2 THE SECRETARY: Section 3.
3 This act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call
5 the roll.
6 (The Secretary called the
7 roll. )
8 THE SECRETARY: Ayes 61.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1490, by Senator Alesi, Senate Print 6774-A,
13 an act to amend the Tax Law, in relation to
14 the basis on which compensating use taxes are
15 owed.
16 ACTING PRESIDENT MEIER: Read
17 the last section.
18 THE SECRETARY: Section 2.
19 This act shall take effect on the first day of
20 March.
21 ACTING PRESIDENT MEIER: Call
22 the roll.
23 (The Secretary called the
24 roll. )
25 THE SECRETARY: Ayes 61.
5322
1 ACTING PRESIDENT MEIER: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1491, by Senator Saland, Senate Print 6829-A,
5 an act authorizing the town of Claverack.
6 ACTING PRESIDENT MEIER:
7 There's a home rule message at the desk. Read
8 the last section.
9 THE SECRETARY: Section 4.
10 This act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll. )
15 THE SECRETARY: Ayes 61.
16 ACTING PRESIDENT MEIER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1492, by Senator Saland, Senate Print 7361, an
20 act to amend the Social Services Law.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 THE SECRETARY: Section 22.
24 This act shall take effect on March 1st,
25 1999.
5323
1 ACTING PRESIDENT MEIER: Call
2 the roll.
3 SENATOR SALAND: Lay the bill
4 aside for the day.
5 ACTING PRESIDENT MEIER: Lay
6 the bill aside for the day.
7 THE SECRETARY: Calendar Number
8 1493, by Senator Velella, Senate Print 7572-A,
9 an act to amend the Insurance Law, in relation
10 to continuing.
11 SENATOR KUHL: Mr. President,
12 is there a message at the desk?
13 ACTING PRESIDENT MEIER: There
14 is a message.
15 SENATOR KUHL: Move we accept
16 the message.
17 ACTING PRESIDENT MEIER: All
18 those in favor of accepting the message of
19 necessity signify by saying aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (There was no response.)
23 The message is accepted.
24 Secretary will read.
25 THE SECRETARY: Section 7.
5324
1 This act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll.)
6 THE SECRETARY: Ayes 61.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1494, by Senator Alesi, Senate Print 7595-B,
11 an act to amend the Local Finance Law, in
12 relation to financing remediation.
13 ACTING PRESIDENT MEIER: Lay
14 the bill aside.
15 THE SECRETARY: Calendar Number
16 1496, by Senator Balboni, Senate print 7732,
17 an act in relation to adjusting certain state
18 aid payments.
19 SENATOR KUHL: Mr. President,
20 is there a message of necessity at the desk?
21 ACTING PRESIDENT MEIER: There
22 is a message at the desk.
23 SENATOR KUHL: Move we accept
24 the message.
25 ACTING PRESIDENT MEIER: All
5325
1 those in favor of accepting the message of
2 necessity signify by saying aye.
3 (Response of "Aye.")
4 Opposed nay.
5 (There was no response. )
6 The message is accepted. Read
7 the last section.
8 THE SECRETARY: Section 4.
9 This act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 61.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1498, by Senator Padavan, Senate Print 7740,
19 an act to amend the Education Law, in relation
20 to the composition of community boards.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 SENATOR PATERSON: Lay aside,
24 please.
25 ACTING PRESIDENT MEIER: Lay
5326
1 the bill aside.
2 THE SECRETARY: Calendar Number
3 1499, by Senator Holland, Senate Print 7742,
4 an act to authorize the sale of real
5 property.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 9.
9 This act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 61.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1503, by Senator Libous, Senate Print 7770, an
19 act to amend Chapter 723 of the Laws of 1993.
20 SENATOR KUHL: Mr. President,
21 is there a message of necessity at the desk?
22 ACTING PRESIDENT MEIER: There
23 is a message of necessity at the desk.
24 SENATOR KUHL: Move we accept
25 the message.
5327
1 ACTING PRESIDENT MEIER: All
2 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. Read
8 the last section.
9 THE SECRETARY: Section 4.
10 This act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll.)
15 ACTING PRESIDENT MEIER: I'm
16 sorry. Senator Libous, to explain his vote.
17 SENATOR LIBOUS: Mr. President,
18 I just want to make note to the members that
19 this legislation extends the Community
20 Reinvestment Act which expires on March 31,
21 1999. It will extend it to September 30,
22 2001.
23 ACTING PRESIDENT MEIER:
24 Secretary will call the roll.
25 (The Secretary called the
5328
1 roll. )
2 THE SECRETARY: Ayes 61.
3 ACTING PRESIDENT MEIER: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1507, by Senator Velella, Senate Print 7811,
7 an act to amend the Vehicle and Traffic Law
8 and the Insurance Law.
9 SENATOR KUHL: Mr. President,
10 is there a message of necessity at the desk?
11 ACTING PRESIDENT MEIER: There
12 is a message of necessity.
13 SENATOR KUHL: Move we accept
14 the message.
15 ACTING PRESIDENT MEIER: All
16 those in favor of accepting the message of
17 necessity signify by saying aye.
18 (Response of "Aye.")
19 Opposed nay.
20 (There was no response.)
21 The message is accepted. Read
22 the last section.
23 THE SECRETARY: Section 7.
24 This act shall take effect July 1st, 1998.
25 ACTING PRESIDENT MEIER: Call
5329
1 the roll.
2 (The Secretary called the roll.
3 THE SECRETARY: Ayes 61.
4 ACTING PRESIDENT MEIER: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1508, by Senator Stachowski, Senate Print
8 7413, an act to amend the Penal Law, in
9 relation to assault.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 2.
13 This act shall take effect on the first day of
14 November.
15 ACTING PRESIDENT MEIER: Call
16 the roll.
17 (The Secretary called the
18 roll.)
19 THE SECRETARY: Ayes 61.
20 ACTING PRESIDENT MEIER: The
21 bill is passed.
22 Senator Kuhl.
23 SENATOR KUHL: May we now read
24 the controversial calendar.
25 ACTING PRESIDENT MEIER:
5330
1 Secretary will read the controversial
2 calendar.
3 THE SECRETARY: Calendar Number
4 1484, substituted earlier today, by member of
5 the Assembly Farrell, Assembly Print 9428-A,
6 an act to amend the Local Finance Law.
7 SENATOR KUHL: Lay it aside for
8 the day.
9 ACTING PRESIDENT MEIER: Lay
10 the bill aside for the day.
11 THE SECRETARY: Calendar Number
12 1498, by Senator Padavan, Senate Print 7740,
13 an act to amend the Education Law, in relation
14 to composition of community boards.
15 SENATOR PATERSON: Explanation.
16 ACTING PRESIDENT MEIER:
17 Senator Padavan, an explanation has been
18 requested of Calendar 1498 by Senator
19 Paterson.
20 SENATOR PADAVAN: Mr.
21 President, late last year or late '96 we
22 passed a governance bill that significantly
23 altered the structure of our community school
24 boards and the governance of the board of
25 education and the school system in the city of
5331
1 New York.
2 One component of that bill,
3 that law which became law, established a task
4 force to report back to us on recommendations
5 and how it changed in a positive way the
6 method of electing community school boards.
7 This bill reflects those
8 recommendations. First, and I think
9 importantly to everyone, the ballots will now
10 be cast by machine rather than a paper ballot;
11 fortunately that cascading system which none
12 of us could understand is eliminated and
13 individuals who voted for four of the nine
14 candidates and the top nine will win, will
15 serve.
16 Those are the essential
17 ingredients in this bill. The election
18 remains in the same calendar time frame.
19 There are provisions for education of voters
20 and registration of parent voters, and
21 dissemination of information about candidates
22 as well as those who serve on the community
23 school boards as far as their record and
24 attendance and other pertinent information.
25 ACTING PRESIDENT MEIER:
5332
1 Senator Paterson.
2 SENATOR PATERSON: Mr.
3 President, I just have one quick question for
4 Senator Padavan.
5 ACTING PRESIDENT MEIER:
6 Senator Padavan, do you yield to a question?
7 SENATOR PADAVAN: Yes.
8 ACTING PRESIDENT MEIER:
9 Senator yields.
10 SENATOR PATERSON: Senator
11 Padavan, do you think under the new system
12 that minorities, and I don't mean when I say
13 minorities necessarily African-Americans or
14 Latinos, but minorities, in a sense wouldn't
15 everybody be better represented under the old
16 system because there was a sort of
17 proportional representation?
18 SENATOR PADAVAN: No, I don't
19 believe so. I think the system is clearer,
20 more straightforward, serves everyone,
21 minorities and others as well, and I might add
22 there is a portion of this bill that, and I
23 would read one sentence: "The city board and
24 the board of elections of the city of New York
25 should use foreign language and ethnic
5333
1 newspapers and television stations to maximize
2 minority participation in the electoral
3 process."
4 SENATOR PATERSON: The
5 explanations is satisfactory.
6 SENATOR KUHL: Read the last
7 section.
8 ACTING PRESIDENT MEIER: Read
9 the last section.
10 THE SECRETARY: Section 8.
11 This act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call
13 the roll.
14 (The Secretary called the
15 roll.)
16 THE SECRETARY: Ayes 61.
17 ACTING PRESIDENT MEIER: The
18 bill is passed.
19 Senator Kuhl.
20 SENATOR KUHL: Mr. President,
21 as I understand it, there are some
22 substitutions at the desk. May we return to
23 motions and resolutions for one -
24 ACTING PRESIDENT MEIER: We
25 have one motion.
5334
1 Senator Libous.
2 SENATOR LIBOUS: Thank you, Mr.
3 President. On behalf of Senator Lack, I offer
4 the following amendments to Calendar Number
5 1140, Senate Print Number 588-C, and ask that
6 said bill retain its place on the Third
7 Reading Calendar.
8 ACTING PRESIDENT MEIER:
9 Amendments are received and the bill will
10 retain its place on the Third Reading
11 Calendar.
12 Senator Kuhl.
13 SENATOR KUHL: Would you
14 recognize Senator Spano, please.
15 ACTING PRESIDENT MEIER:
16 Senator Spano.
17 SENATOR SPANO: Mr. President,
18 can I please be recorded in the negative on
19 1448, please.
20 ACTING PRESIDENT MEIER:
21 Without objection, Senator Spano will be
22 recorded in the negative on Calendar Number
23 1448.
24 Senator Kuhl.
25 SENATOR KUHL: Recognize
5335
1 Senator Leibell.
2 ACTING PRESIDENT MEIER:
3 Senator Leibell.
4 SENATOR LEIBELL: Mr.
5 President, may I also be recorded in the
6 negative on 1448.
7 ACTING PRESIDENT MEIER:
8 Without objection, Senator Leibell will be
9 recorded in the negative on 1448.
10 Senator Kuhl.
11 SENATOR KUHL: Is there any
12 other housekeeping at the desk?
13 ACTING PRESIDENT MEIER: There
14 is Senator Larkin asking to be recognized.
15 SENATOR LARKIN: Mr. President,
16 may I be recorded in the negative on Calendar
17 1448.
18 ACTING PRESIDENT MEIER:
19 Without objection, Senator Larkin will be
20 recorded in the negative on Calendar 1448.
21 SENATOR KUHL: Any other
22 housekeeping?
23 ACTING PRESIDENT MEIER: There
24 is no housekeeping at the desk.
25 SENATOR KUHL: There being no
5336
1 further business, Mr. President, I move that
2 the Senate stand adjourned -- would you
3 recognize Senator Libous who apparently has a
4 little housekeeping.
5 ACTING PRESIDENT MEIER:
6 Senator Libous.
7 SENATOR LIBOUS: I'm a little
8 slow, but can I also request unanimous consent
9 to be recorded in the negative on 1448.
10 SENATOR KUHL: Senator
11 Maziarz.
12 ACTING PRESIDENT MEIER:
13 Senator Maziarz is even slower than Senator
14 Libous.
15 Senator Maziarz.
16 SENATOR MAZIARZ: Thank you
17 very much, Mr. President.
18 I would also like unanimous
19 consent to be recorded in the negative on
20 Calendar Number 1448.
21 ACTING PRESIDENT MEIER:
22 Without objection, Senator Maziarz will be
23 recorded in the negative on 1448.
24 Senator Nozzolio.
25 SENATOR NOZZOLIO: I'd also
5337
1 like unanimous consent to be recorded in the
2 negative on Calendar Number 1448.
3 ACTING PRESIDENT MEIER:
4 Without objection, Senator Nozzolio will be
5 record recorded in the negative on 1448.
6 SENATOR KUHL: Senator Lack.
7 SENATOR LACK: Yes. I'd like
8 to be recorded in the negative on Calendar
9 Number 1448, please.
10 ACTING PRESIDENT MEIER:
11 Without objection, Senator Lack will be
12 recorded in the negative on Calendar 1448.
13 Senator -- can we have some
14 order so we can conclude the business,
15 please.
16 SENATOR KUHL: Now, Mr.
17 President, there being no further business -
18 ACTING PRESIDENT MEIER:
19 Senator Rath, did you wish to be recognized?
20 SENATOR RATH: Mr. Chairman,
21 I'd like to be recorded in the negative on
22 1449.
23 ACTING PRESIDENT MEIER:
24 Without objection, Senator Rath will be
25 recorded in the negative on Calendar 1448. I
5338
1 think it's safe now.
2 SENATOR KUHL: For the third
3 and final time. Would you recognize Senator
4 Stafford.
5 SENATOR STAFFORD: Same motion.
6 ACTING PRESIDENT MEIER:
7 Senator Stafford, without objection, will be
8 recorded in the negative on Calendar 1448.
9 SENATOR KUHL: There being no
10 further business, Mr. President. Wait a
11 minute -
12 There being no further
13 business, Mr. President.
14 ACTING PRESIDENT MEIER:
15 Senator Smith, did you want to be recognized?
16 Senator Smith.
17 SENATOR SMITH: I'm already
18 down.
19 SENATOR KUHL: There being no
20 further business, Mr. President -- there being
21 no further business -
22 ACTING PRESIDENT MEIER:
23 Senator Saland.
24 SENATOR SALAND: I don't know
25 if I'll get it, but may I have unanimous
5339
1 consent to be recorded in the negative on
2 1448.
3 SENATOR GOLD: No.
4 ACTING PRESIDENT MEIER:
5 Without objection, Senator Saland will be
6 recorded in the negative on Calendar 1448.
7 Is there any other member who
8 wishes to be recognized for any purpose?
9 Senator Kuhl.
10 SENATOR KUHL: There being no
11 further business, Mr. President, I move that
12 the Senate stand adjourned until tomorrow,
13 June 18th, the last day of session this year
14 for this scheduled session, at 10:00 a.m.,
15 sharp.
16 ACTING PRESIDENT MEIER: On
17 motion, Senate stands adjourned until
18 tomorrow, June 18th, 10:00 a.m., sharp.
19 (Whereupon at 10:39 p.m., the
20 Senate adjourned)
21
22
23
24
25