Regular Session - June 19, 1998
6066
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8 ALBANY, NEW YORK
9 June 19, 1998
10 10:15 a.m.
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13 REGULAR SESSION
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17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEVEN M. BOGGESS, Secretary
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6067
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Ask the members to
4 take their places, the staff to find their
5 places. I would ask everybody in the chamber to
6 rise and join with me in saying the Pledge of
7 Allegiance to the Flag.
8 (The assemblage repeated the
9 Pledge of Allegiance to the Flag.)
10 In the absence of clergy, may we
11 bow our heads in a moment of silence.
12 (A moment of silence was
13 observed.)
14 The reading of the Journal.
15 THE SECRETARY: In Senate,
16 Thursday, June 18th. The Senate met pursuant to
17 adjournment, Senator Cook in the Chair upon
18 designation of the Temporary President. The
19 Journal of Wednesday, June 17, was read and
20 approved. On motion, the Senate adjourned.
21 ACTING PRESIDENT KUHL: Hearing
22 no objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
6068
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Skelos, we have some
8 substitutions.
9 SENATOR SKELOS: Please make the
10 substitutions, Mr. President.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the substitutions.
13 THE SECRETARY: On page 31,
14 Senator Leibell moves to discharge from the
15 Committee on Rules Assembly Bill Number 4327 and
16 substitute it for the identical Third Reading
17 Calendar 1612.
18 On page 31, Senator LaValle moves
19 to discharge from the Committee on Education
20 Assembly Bill Number 7949-C and substitute it
21 for the identical Third Reading Calendar 1613.
22 On page 31, Senator Seward moves
23 to discharge from the Committee on Rules
24 Assembly Bill Number 8893-A and substitute it
25 for the identical Third Reading Calendar 1615.
6069
1 On page 31, Senator Leibell moves
2 to discharge from the Committee on Rules
3 Assembly Bill Number 11040 and substitute it for
4 the identical Third Reading Calendar 1618.
5 On page 31, Senator Skelos moves
6 to discharge from the Committee on Rules
7 Assembly Bill Number 10920 and substitute it for
8 the identical Third Reading Calendar 1622.
9 On page 31, Senator Connor moves
10 to discharge from the Committee on Rules
11 Assembly Bill Number 11084 and substitute it for
12 the identical Third Reading Calendar 1624.
13 On page 32, Senator Goodman moves
14 to discharge from the Committee on Rules
15 Assembly Bill Number 11283 and substitute it for
16 the identical Third Reading Calendar 1627.
17 And on page 32, Senator Hannon
18 moves to discharge from the Committee on Rules
19 Assembly Bill Number 11301 and substitute it for
20 the identical Third Reading Calendar 1628.
21 ACTING PRESIDENT KUHL: The
22 substitutions are ordered.
23 (Pause)
24 The Senate will come to order.
25 Senator Skelos.
6070
1 SENATOR SKELOS: Mr. President,
2 if we could go to the non-controversial
3 calendar, Calendar Number 54, I don't believe an
4 active list has been sent around yet but if we
5 could work off of this, starting off with
6 Calendar Number 442.
7 Mr. President, I would also -- I
8 would also ask that the members please come into
9 the chamber, especially if bills are laid aside
10 for debate because Senator Bruno has indicated
11 he wants to close and we will close very
12 shortly. So please come into the chambers so we
13 can move ahead expeditiously and enjoy the
14 balance of the day.
15 ACTING PRESIDENT KUHL: If the
16 members would please come to the chamber, those
17 who are not here, those who are checked in,
18 please come. As bills are reached, we're going
19 to be expected to take them up. We'll begin
20 with Calendar Number 442 on Calendar Number 54.
21 I'll ask the Secretary to read
22 non-controversial.
23 THE SECRETARY: Calendar Number
24 442, by Senator Wright, Senate Print 4224-B, an
25 act to amend the Vehicle and Traffic Law, in
6071
1 relation to the suspension and revocation.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect on the first day of
6 November.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 37.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 660, by Senator LaValle, Senate Print 1401-B, an
15 act to amend the Tax Law, in relation to
16 providing an exemption.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect on the first day of a
21 sales tax quarterly period.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT KUHL: Record
6072
1 the negative. Announce the results.
2 THE SECRETARY: Ayes 36, nays 1,
3 Senator Leichter recorded in the negative.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 892, by Senator Trunzo, Senate Print 6976, an
8 act to amend the Retirement and Social Security
9 Law, in relation to the date of membership.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 37.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1091, by Senator Goodman, Senate Print 7001, an
22 act to amend the Arts and Cultural Affairs Law,
23 in relation to the provision of financial
24 assistance.
25 ACTING PRESIDENT KUHL: The
6073
1 Secretary will read the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect April 1.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 37.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1116, by member of the Assembly Magee, Assembly
12 Print 9443, an act to amend the Agriculture and
13 Markets Law, the Real Property Law and the Real
14 Property Tax Law.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect on the first day of July.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 39.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
6074
1 1155, by Senator Libous, Senate Print 1927-B, an
2 act to amend the Education Law, in relation to
3 providing a certification.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 39.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1246, by Senator Skelos, Senate Print 6416-A, an
16 act to amend the Civil Practice Law and Rules,
17 in relation to the personal service.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 39.
6075
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1443, by member of the Assembly Hoyt, Assembly
5 Print 9414-A, an act to authorize the city of
6 Buffalo, county of Erie.
7 ACTING PRESIDENT KUHL: There is
8 a home rule message at the desk. The Secretary
9 will read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 39.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1504, by Senator Goodman, Senate Print 7776-A,
20 an act to amend the General Business Law, in
21 relation to veterans of the Armed Forces.
22 ACTING PRESIDENT KUHL: Senator
23 Skelos.
24 SENATOR SKELOS: Mr. President,
25 is there a message of necessity at the desk?
6076
1 ACTING PRESIDENT KUHL: There is.
2 SENATOR SKELOS: Move to accept.
3 ACTING PRESIDENT KUHL: The
4 motion is to accept the message of necessity on
5 Calendar Number 1504. All those in favor
6 signify by saying aye.
7 (Response of "Aye".)
8 Opposed, nay.
9 (There was no response.)
10 The message is accepted.
11 The bill is before the house.
12 The Secretary will read the last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect September 1.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 1504 -
21 ACTING PRESIDENT KUHL: We'll
22 withdraw the roll call. Lay the bill aside.
23 SENATOR SKELOS: Lay it aside
24 temporarily.
25 ACTING PRESIDENT KUHL: The
6077
1 Secretary will continue to call the non
2 controversial calendar.
3 THE SECRETARY: Calendar Number
4 1561, by the Assembly Committee on Rules,
5 Assembly Print 11073, an act to amend the Tax
6 Law, in relation to establishing.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 39.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1597, by Senator Alesi, Senate Print 7379, an
19 act to amend the Tax Law, in relation to
20 facilitating manufacturing.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
6078
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 39, nays 1,
4 Senator Leichter recorded in the negative.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1612, substituted earlier today, by member of
9 the Assembly Galef, Assembly Print 4327, an act
10 to amend the Real Property Tax Law, in relation
11 to providing.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 40.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1613, substituted earlier today, by the Assembly
24 Committee on Rules, Assembly Print 7949-C, an
25 act to amend the Education Law, in relation to
6079
1 providing instruction.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first day of July.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 44.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1614, by Senator Skelos, Senate Print 5663-A, an
14 act to amend the General Business Law and the
15 Education Law, in relation to the registration.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect July 1.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 44.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
6080
1 THE SECRETARY: Calendar Number
2 1615, substituted earlier today, by member of
3 the Assembly Faso, Assembly Print 8893-A, an act
4 in relation to authorizing application for state
5 assistance.
6 ACTING PRESIDENT KUHL: The
7 Secretary will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 44.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1616, by Senator Breslin, Senate Print 6434, an
18 act in relation to authorizing the town of
19 Bethlehem.
20 ACTING PRESIDENT KUHL: There's a
21 home rule message at the desk. The Secretary
22 will read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
6081
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 44.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1617, by Senator Seward, Senate Print 6750-A, an
8 act to amend the Tax Law, in relation to
9 exempting telecommunications equipment.
10 ACTING PRESIDENT KUHL: There's a
11 local fiscal impact note at the desk. The
12 Secretary will read the last section.
13 THE SECRETARY: Section 6. This
14 act shall take effect on the same date as a
15 Subdivision 26 of Section 124.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT KUHL: Record
20 the negative. Announce the results.
21 THE SECRETARY: Ayes 44, nays 1,
22 Senator Leichter recorded in the negative.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
6082
1 1618, substituted earlier today, by the Assembly
2 Committee on Rules, Assembly Print 11040, an act
3 to amend the Volunteer Firefighters Benefit Law.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 8. This
7 act shall take effect January 1.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 45.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 Senator Leibell, why do you
15 rise?
16 SENATOR LEIBELL: Mr. President,
17 to explain my vote.
18 This bill will establish the
19 Neuner/Goff memorial death benefit program to
20 increase the death benefits provided to the
21 families of deceased volunteer firefighters.
22 Lieutenant Michael Neuner was a
23 35-year-old devoted husband and father of four
24 who was an active community volunteer and a
25 courageous lieutenant of the Brewster Volunteer
6083
1 Fire Department, heroically gave his life in the
2 line of duty while fighting a dangerous and
3 life-threatening residential house fire.
4 Timothy Goff was a volunteer
5 firefighter for the village of Kenmore Volunteer
6 Fire Department. At the age of 27 in the line
7 of duty Mr. Goff sustained critical injuries
8 while gravely fighting a fire.
9 This legislation memorializes
10 these brave men and increases the amount of
11 death benefits provided to surviving families of
12 firefighters who died in the line of duty.
13 I would note that it has been a
14 great many years since these benefits have been
15 increased. It's a recognition of how important
16 the role is that these volunteers play and how
17 critical it is for this legislative body to
18 protect their families in the event that they
19 have a disaster.
20 Thank you.
21 ACTING PRESIDENT KUHL: The
22 Secretary will continue to call the non
23 controversial calendar.
24 THE SECRETARY: Calendar Number
25 1619, by Senator Skelos, Senate Print 7393, an
6084
1 act to amend the Retirement and Social Security
2 Law, in relation to the retirement of members.
3 ACTING PRESIDENT KUHL: There is
4 a home rule message at the desk. The Secretary
5 will read the last section.
6 THE SECRETARY: Section 6. This
7 act shall take effect January 1, 1999.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 47.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1621, by Senator Johnson, Senate Print 7502, an
16 act to amend the Vehicle and Traffic Law, in
17 relation to civil penalties.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first day of
22 September.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
6085
1 THE SECRETARY: Ayes 47.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1622, substituted earlier today, by the Assembly
6 Committee on Rules, Assembly Print 10920, an act
7 to amend the Penal Law, in relation to
8 prohibiting disguised guns.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 9. This
12 act shall take effect on the first day of
13 November.
14 ACTING PRESIDENT KUHL: Call the
15 roll.)
16 (The Secretary called the roll.
17 SENATOR STACHOWSKI: Lay it
18 aside.
19 ACTING PRESIDENT KUHL: Withdraw
20 the roll call. Lay the bill aside.
21 THE SECRETARY: Calendar Number
22 1624, substituted earlier today, by the Assembly
23 Committee on Rules, Assembly Print 11084, an act
24 to require the preparation of an environmental
25 impact statement.
6086
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 47.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1626, by the Senate Committee on Rules, Senate
13 Print 7741, an act to amend the Education Law,
14 in relation to mandatory continuing education in
15 dentistry.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first day of
20 January.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 47.
25 ACTING PRESIDENT KUHL: The bill
6087
1 is passed.
2 THE SECRETARY: Calendar Number
3 1627, substituted earlier today, by the Assembly
4 Committee on Rules, Assembly Print 11283, an act
5 to amend the Tax Law, in relation to certified
6 capital companies.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 47.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1628, substituted earlier today, by the Assembly
19 Committee on Rules, Assembly Print 11301, an act
20 to amend the Public Authorities Law, in relation
21 to the powers of Terence Cardinal Cooke Health
22 Center.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read the last section.
25 THE SECRETARY: Section 2. This
6088
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 47.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1635, by the Assembly Committee on Rules,
10 Assembly Print 8534-B, an act to amend the
11 Public Authorities Law, in relation to the
12 construction and financing of facilities by the
13 Dormitory Authority.
14 SENATOR SMITH: Lay it aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 SENATOR MARCHI: Mr. President.
18 THE SECRETARY: Calendar Number
19 1636, by member of the Assembly -
20 SENATOR MARCHI: Mr. President.
21 ACTING PRESIDENT KUHL: Senator
22 Marchi, why do you rise?
23 SENATOR MARCHI: I was out of the
24 chamber just briefly when Senator Connor's bill
25 came up, 1824. If the bill isn't out of the
6089
1 house, I would like to recall it. I intend to
2 vote for it, but -
3 ACTING PRESIDENT KUHL: Senator
4 Marchi, it's out of the house. 1624 is gone.
5 SENATOR MARCHI: Well, too late
6 for tears.
7 ACTING PRESIDENT KUHL: Too late
8 for tears. Very well put.
9 The Secretary will read Calendar
10 Number 1636.
11 THE SECRETARY: Calendar Number
12 1636, by member of the Assembly Brennan,
13 Assembly Print 10061-C, an act to amend the
14 Public Authorities Law, in relation to the
15 powers of New York State ARC, Incorporated.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 47.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
6090
1 Senator Skelos, we did not have
2 enough members in the house to take up Calendar
3 Number 1504. So if we could go back to that
4 one.
5 SENATOR SKELOS: Take up 1504 at
6 this time.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read Calendar Number 1504.
9 THE SECRETARY: Calendar Number
10 1504, by Senator Goodman, Senate Print 7776-A,
11 an act to amend the General Business Law, in
12 relation to veterans of the Armed Forces who
13 vend in cities having a population of one
14 million or more.
15 ACTING PRESIDENT KUHL: The
16 message was previously accepted. The Secretary
17 will read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect September 1.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT KUHL: Record
24 the negatives. Will the negatives on Calendar
25 Number 1504 please raise their hands and be duly
6091
1 recorded.
2 THE SECRETARY: Those recorded in
3 the negative on Calendar Number 1504 are
4 Senators DeFrancisco, Farley, Fuschillo, Kuhl,
5 LaValle, Maltese, Marcellino, Maziarz, Nozzolio,
6 Rath, Seward, Smith -- excuse me, Senator Smith
7 in the affirmative -- Senator Wright. Ayes 35,
8 nays 12.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 Senator Gentile, why do you
12 rise?
13 SENATOR GENTILE: Yes. Thank
14 you, Mr. President.
15 Just to explain my vote. While I
16 believe there should be no restrictions on
17 veterans, I understand that this is an agreed
18 upon bill between the Assembly and the Senate
19 drafters and also the veterans who are involved.
20 So given that despite my initial
21 -- my initial objection to any restrictions on
22 veterans, since it is an agreed upon bill, I am
23 voting in the affirmative.
24 ACTING PRESIDENT KUHL: Senator
25 Gentile is recorded in the affirmative. Results
6092
1 were announced. The bill is passed. Can we
2 have a little order in the house, please. The
3 members take their seats.
4 Senator Saland.
5 SENATOR SALAND: Has the roll
6 been closed?
7 ACTING PRESIDENT KUHL: Why do
8 you rise?
9 SENATOR SALAND: I request
10 unanimous consent to be recorded in the negative
11 on 1504.
12 ACTING PRESIDENT KUHL: Without
13 objection, hearing no objection, Senator Saland
14 will be recorded in the negative on Calendar
15 Number 1504.
16 Senator Skelos, that completes
17 the reading of the non-controversial calendar.
18 SENATOR SKELOS: Please take up
19 the controversial calendar.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the controversial calendar.
22 THE SECRETARY: Calendar Number
23 1622, substituted earlier today, by the Assembly
24 Committee on Rules, Assembly Print 10920, an act
25 to amend the Penal Law, in relation to
6093
1 prohibiting disguised guns.
2 ACTING PRESIDENT KUHL: Senator
3 Skelos, an explanation has been requested by
4 Senator Smith.
5 SENATOR SKELOS: Mr. President,
6 this bill would prohibit the use and establish
7 certain crimes based on the possession of a
8 disguised gun.
9 This legislation is necessary due
10 to the fact that a tiny firearm that can look
11 like a key chain has joined the arsenal of off
12 beat -- off-beat and home made weapons
13 challenging security screeners in different
14 venues.
15 SENATOR SMITH: Explanation
16 satisfactory.
17 SENATOR SKELOS: Thank you.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 9. This
21 act shall take effect on the first day of
22 November.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
6094
1 THE SECRETARY: Ayes 49.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 (Pause)
5 The Senate will come to order.
6 Ask the members to please take their seats.
7 SENATOR SKELOS: Mr. President, I
8 believe there's one more bill right now that's
9 live on the calendar, Number 1635, by Senator
10 Rules.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1635, by the Assembly Committee on Rules,
15 Assembly Print 8534-B, an act to amend the
16 Public Authorities Law, in relation to the
17 construction and financing of facilities.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 SENATOR SMITH: I asked for an
23 explanation.
24 ACTING PRESIDENT KUHL: Senator
25 Smith, are you asking for an explanation?
6095
1 Senator Smith, are you asking -
2 SENATOR SMITH: That's what I
3 asked for.
4 ACTING PRESIDENT KUHL: Senator
5 Smith, if you would just merely address the
6 Chair when you ask for an explanation, I did not
7 hear you. I apologize for that but I can't hear
8 it unless somebody speaks to me.
9 Senator Skelos, an explanation of
10 Calendar Number 1635 has -
11 SENATOR SKELOS: Please recognize
12 Senator Leibell for an explanation.
13 ACTING PRESIDENT KUHL: Senator
14 Leibell will handle the explanation.
15 Senator Leibell.
16 SENATOR LEIBELL: Yes, Mr.
17 President. This is an Assembly hand-down that
18 will permit the Dormitory Authority to provide
19 financing for the construction of educational,
20 administrative and residential facilities
21 constructed or reconstructed by the New York
22 State Rehabilitation Association.
23 ACTING PRESIDENT KUHL: Senator
24 Smith.
25 SENATOR SMITH: Yes. Would the
6096
1 sponsor please yield for a question?
2 SENATOR LEIBELL: Yes.
3 ACTING PRESIDENT KUHL: Senator
4 Leibell yields.
5 SENATOR SMITH: Are there any
6 facilities enumerated in the bill referred to?
7 SENATOR LEIBELL: No, Senator,
8 there are not and I'm not aware of anything that
9 was specifically indicated by this bill.
10 SENATOR SMITH: Would the sponsor
11 yield for another -- to another question?
12 ACTING PRESIDENT KUHL: Senator
13 Leibell, do you yield?
14 SENATOR LEIBELL: Yes. I'm not
15 the sponsor, but I'm pleased to yield.
16 ACTING PRESIDENT KUHL: The
17 Senator yields.
18 SENATOR SMITH: Do you know what
19 precipitated this particular bill?
20 SENATOR LEIBELL: No, I'm sorry.
21 I do not. You would have to -- this is
22 sponsored by Assemblyman Dinowitz, and I'm not
23 aware of any.
24 SENATOR SMITH: Thank you.
25 ACTING PRESIDENT KUHL: Is there
6097
1 any other member wishing to speak on the bill?
2 (There was no response.)
3 Hearing none, the Secretary will
4 read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 50.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 Senator Skelos, we have a couple
14 of substitutions at the desk, if you would like
15 to call those.
16 SENATOR SKELOS: Please, Mr.
17 President.
18 ACTING PRESIDENT KUHL: Return to
19 the order of motions and resolutions.
20 I'll ask the Secretary to read
21 the substitutions.
22 THE SECRETARY: On page 8,
23 Senator Trunzo moves to discharge from the
24 Committee on Rules Assembly Bill Number 5860-A
25 and substitute it for the identical Third
6098
1 Reading Calendar 349; and on page 23, Senator
2 Balboni moves to discharge from the Committee on
3 Rules Assembly Bill Number 1407-A and substitute
4 it for the identical Third Reading Calendar
5 1019.
6 ACTING PRESIDENT KUHL: The
7 substitutions are ordered.
8 Senator Skelos.
9 SENATOR SKELOS: Stand at ease,
10 Mr. President.
11 ACTING PRESIDENT KUHL: The
12 Senate will stand at ease momentarily.
13 (Whereupon, the Senate stood at
14 ease from 10:54 a.m. until 11:00 a.m.)
15 ACTING PRESIDENT KUHL: Can we
16 have a little order in the house,, please, a
17 little order in the house.
18 SENATOR SKELOS: Mr. President,
19 can we have an immediate meeting of the Rules
20 Committee in the Majority Conference Room and if
21 we could continue to stand at ease.
22 ACTING PRESIDENT KUHL: There
23 will be an immediate meeting of the Rules
24 Committee, immediate meeting of the Rules
25 Committee in the Majority Conference Room, Room
6099
1 332. Immediate meeting of the Rules Committee
2 in the Majority Conference Room, Room 332 and
3 the Senate will continue to stand at ease.
4 (Whereupon, the Senate stood at
5 ease from 11:01 a.m. until 11:32 a.m.)
6 ACTING PRESIDENT KUHL: The
7 Senate will come to order. Ask the members to
8 find their place, the staff to find their
9 places. If you have to have a conversation,
10 please take it out of the chamber.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 if we could return to reports of standing
14 committees, I believe there's a report of the
15 Rules Committee. I ask that it be read at this
16 time.
17 ACTING PRESIDENT KUHL: We will
18 return to the order of reports of standing
19 committees and there is a report of the Rules
20 Committee at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Bruno,
23 from the Committee on Rules, reports the
24 following bills:
25 Senate Print 2519-A, by Senator
6100
1 Cook, an act to amend the Environmental
2 Conservation Law;
3 2543-A, by Senator Spano, an act
4 to amend the Retirement and Social Security Law;
5 3953-A, by Senator Lack, an act
6 to amend the Retirement and Social Security Law;
7 6705, by Senator Velella, an act
8 to amend the Insurance Law;
9 6818, by Senator Alesi, an act in
10 relation to permitting;
11 6890-A, by Senator Velella, an
12 act to amend Chapter 19 of the Laws of 1994;
13 6975-A, by Senator Trunzo, an act
14 to amend the Retirement and Social Security Law;
15 7161-B, by Senator Maziarz, an
16 act authorizing the county of Niagara;
17 7225-B, by Senator Farley, an act
18 to amend the Banking Law;
19 7287-C, by Senator Leibell, an
20 act to amend the Public Health Law and others;
21 7294, by Senator Velella, an act
22 to amend the Insurance Law;
23 7752, by Senator Connor, an act
24 to amend the Public Authorities Law;
25 7763, by Senator Hannon, an act
6101
1 to amend the Vehicle and Traffic Law;
2 7839, by Senator Spano, an act
3 making an appropriation for the support of
4 government;
5 7840, by the Senate Committee on
6 Rules, an act to amend Chapter 50 of the Laws of
7 1998;
8 7842, by Senator Velella, an act
9 in relation to the implementation of the terms
10 of written agreements;
11 5436-B, by Senator Marcellino, an
12 act to amend the Environmental Conservation Law
13 and others;
14 7429, by Senator Wright, an act
15 to amend the Executive Law;
16 7349-B, by Senator Hannon, an act
17 to authorize payments of additional Medicaid
18 funds;
19 7679-A, by the Senate Committee
20 on Rules, an act to amend the Real Property Tax
21 Law and the New York City Charter;
22 7834, by Senator Hannon, an act
23 to amend the Tax Law;
24 7841, by Senator Farley, an act
25 to amend Chapter 3 of the Laws of 1997;
6102
1 7816, by Senator Trunzo, an act
2 to amend the Civil Service Law; and
3 7681-A, by Senator Spano, an act
4 to amend the Workers' Compensation Law.
5 All bills ordered direct for
6 third reading.
7 ACTING PRESIDENT KUHL: The
8 motion is to accept the report of the Rules
9 Committee. All those in favor signify by saying
10 aye.
11 (Response of "Aye".)
12 Opposed, nay.
13 (There was no response.)
14 The Rules report is accepted.
15 The bills are ordered directly to
16 third reading.
17 Senator Skelos.
18 SENATOR SKELOS: If we could take
19 up Supplemental Calendar 54-A non-controversial.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the supplemental calendar
22 54-A non-controversial reading.
23 THE SECRETARY: Senator Cook
24 moves to discharge from the Committee on Rules
25 Assembly Bill Number 4040-A and substitute it
6103
1 for the identical Third Reading Calendar 1623.
2 ACTING PRESIDENT KUHL: The
3 substitution is ordered.
4 The Secretary will read the
5 title.
6 THE SECRETARY: Calendar Number
7 1623, by member of the Assembly Gunther,
8 Assembly Print 4040-A, an act to amend the
9 Environmental Conservation Law, in relation to
10 the deer management assistance permits.
11 ACTING PRESIDENT KUHL: As soon
12 as we have a little order we'll proceed.
13 There's no way we can hear at the desk. The
14 members still please take their chairs. Take
15 the conversations, if you have any, out of the
16 chamber.
17 The Secretary will read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 57.
25 ACTING PRESIDENT KUHL: The bill
6104
1 is passed.
2 THE SECRETARY: Senator Spano
3 moves to discharge from the Committee on Rules
4 Assembly Bill Number 5341-A and substitute it
5 for the identical Third Reading Calendar 1637.
6 ACTING PRESIDENT KUHL: The
7 substitution is ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1637, by member of the Assembly Weinstein,
11 Assembly Print 5341-A, an act to amend the
12 Retirement and Social Security Law, in relation
13 to peace officers.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 57.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1638, by Senator Lack, Senate Print 3953-A, an
6105
1 act to amend the Retirement and Social Security
2 Law, in relation to membership.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 30th day.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 57.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Senator Velella
14 moves to discharge from the Committee on Rules
15 Assembly Bill Number 11045-A and substitute it
16 for the identical Third Reading Calendar 1639.
17 ACTING PRESIDENT KUHL: The
18 substitution is ordered.
19 The Secretary will read the
20 title.
21 THE SECRETARY: Calendar Number
22 1639, by the Assembly Committee on Rules,
23 Assembly Print 11045-A, an act to amend the
24 Insurance Law, in relation to the qualified
25 immunity of the excess line association.
6106
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 56, nays 1,
9 Senator DeFrancisco recorded in the negative.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1640, by Senator Alesi, Senate Print 6818, an
14 act in relation to permitting the reopening of
15 the optional 20-year retirement plan.
16 ACTING PRESIDENT KUHL: There is
17 a home rule message at the desk. The Secretary
18 will read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 57.
25 ACTING PRESIDENT KUHL: The bill
6107
1 is passed.
2 THE SECRETARY: Senator Velella
3 moves to discharge from the Committee on Rules
4 Assembly Bill Number 11044 and substitute it for
5 the identical Third Reading Calendar 1641.
6 ACTING PRESIDENT KUHL: The
7 substitution is ordered.
8 The Secretary will read the
9 title.
10 THE SECRETARY: Calendar Number
11 1641, by the Assembly Committee on Rules,
12 Assembly Print 11044, an act to amend Chapter 19
13 of the Laws of 1994, amending the Insurance Law.
14 ACTING PRESIDENT KUHL: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 57.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1642, by Senator Trunzo, Senate Print 6975-A, an
6108
1 act to amend the Retirement and Social Security
2 Law, in relation to providing three-quarters of
3 pension.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect 365 days.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 57.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1643, by Senator Maziarz, Senate Print 7161-B,
16 an act authorizing the county of Niagara to
17 lease certain bonds.
18 ACTING PRESIDENT KUHL: There is
19 a home rule message at the desk. The Secretary
20 will read the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
6109
1 THE SECRETARY: Ayes 57.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1644, by Senator Farley, Senate Print 7225-B, an
6 act to amend the Banking Law, in relation to
7 reforming the licensing procedure.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the 180th day.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 57.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Senator Velella
19 moves to discharge from the Committee on Rules
20 Assembly Bill Number 11009 and substitute it for
21 the identical Third Reading Calendar 1646.
22 ACTING PRESIDENT KUHL: The
23 substitution is ordered.
24 The Secretary will read the
25 title.
6110
1 THE SECRETARY: Calendar Number
2 1646, by the Assembly Committee on Rules,
3 Assembly Print 11009, an act to amend the
4 Insurance Law, in relation to binding authority.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 30th day.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 57.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Senator Hannon
16 moves to discharge from the Committee on Rules
17 Assembly Bill Number 11282 and substitute it for
18 the identical Third Reading Calendar 1648.
19 ACTING PRESIDENT KUHL: The
20 substitution is ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1648, by the Assembly Committee on Rules,
24 Assembly Bill Number 11282, an act to amend the
25 Vehicle and Traffic Law, in relation to
6111
1 licensing operators.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 57.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1652, by Senator Spano, Senate Print 7839, an
14 act making an appropriation for the support of
15 government.
16 ACTING PRESIDENT KUHL: Senator
17 Skelos.
18 SENATOR SKELOS: Mr. President,
19 is there a message at the desk?
20 ACTING PRESIDENT KUHL: There is.
21 SENATOR SKELOS: Move to accept.
22 ACTING PRESIDENT KUHL: The
23 motion is to accept the message of necessity on
24 Calendar Number 1652. All those in favor
25 signify by saying aye.
6112
1 (Response of "Aye".)
2 Opposed, nay.
3 (There was no response.)
4 The message is accepted.
5 The bill is before the house.
6 The Secretary will read the last
7 section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 57.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1655, by Senator Marcellino, Senate Print
18 5436-B, an act to amend the Environmental
19 Conservation Law and others.
20 ACTING PRESIDENT KUHL: Senator
21 Skelos.
22 SENATOR SKELOS: Mr. President,
23 is there a message at the desk?
24 ACTING PRESIDENT KUHL: There is.
25 SENATOR SKELOS: Move to accept.
6113
1 ACTING PRESIDENT KUHL: The
2 motion is to accept the message of necessity on
3 Calendar Number 1655. All those in favor
4 signify by saying aye.
5 (Response of "Aye".)
6 Opposed, nay.
7 (There was no response.)
8 The message is accepted. The
9 bill is before the house. The Secretary will
10 read the last section.
11 THE SECRETARY: Section 10. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT KUHL: Senator
17 Marcellino, to explain his vote.
18 SENATOR MARCELLINO: Thank you,
19 Mr. President.
20 This important piece of
21 legislation will go a long way towards cleaning
22 our air, especially in the downstate area where
23 it is very difficult due to the congestion and
24 high population, high density areas, if you have
25 children or family members who suffer from
6114
1 respiratory diseases, this bill will help reduce
2 the causes of those problems.
3 This is a historic piece of
4 legislation, and I wish to thank the Governor
5 and commend him for his efforts in bringing this
6 bill to fruition.
7 I wish to thank Senator Bruno,
8 who is our Majority Leader, who has taken a
9 leadership role in moving this bill along and
10 thank our colleagues in the Assembly.
11 This bill deserves immediate and
12 quick passage. It is a good bill. It is a
13 strong environmental bill. And I urge everyone
14 to vote for it.
15 Thank you, Mr. Chairman.
16 ACTING PRESIDENT KUHL: Announce
17 the results.
18 THE SECRETARY: Ayes 57.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Senator Wright
22 moves to -- excuse me. Senator Wright moves to
23 discharge from the Committee on Finance Assembly
24 Bill Number 4590 and substitute it for the
25 identical Third Reading Calendar 1656.
6115
1 ACTING PRESIDENT KUHL: The
2 substitution is ordered.
3 The Secretary will read the
4 title.
5 THE SECRETARY: Calendar Number
6 1656, by member of the Assembly Tokasz, Assembly
7 Print 4590, an act to amend the Executive Law,
8 in relation to the Office of Fire Prevention and
9 Control.
10 ACTING PRESIDENT KUHL: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 57.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1657, by Senator Hannon, Senate Print 7349-B, an
22 act to authorize payments of additional Medicaid
23 funds to the New York City Health and Hospitals
24 Corporation.
25 ACTING PRESIDENT KUHL: The
6116
1 Secretary will read the last section.
2 THE SECRETARY: Section 6. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 57.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1660, by Senator Farley, Senate Print 7841, an
12 act to amend Chapter 3 of the Laws of 1997,
13 amending the Banking Law.
14 ACTING PRESIDENT KUHL: Senator
15 Skelos.
16 SENATOR SKELOS: Mr. President,
17 is there a message at the desk?
18 ACTING PRESIDENT KUHL: There is.
19 SENATOR SKELOS: Move to accept.
20 ACTING PRESIDENT KUHL: The
21 motion is to accept the message of necessity on
22 Calendar Number 1660. All those in favor
23 signify by saying aye.
24 (Response of "Aye".)
25 Opposed, nay.
6117
1 (There was no response.)
2 The message is accepted. The
3 bill is before the house. The Secretary will
4 read the last section.
5 THE SECRETARY: Section 7. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT KUHL: Senator
11 Farley to explain his vote.
12 SENATOR FARLEY: Thank you very
13 much, Mr. President.
14 This is the "wild card" bill that
15 everybody has been waiting for so anxiously. It
16 is the piece of legislation that extends the
17 power to the Superintendent of Banks, to give
18 any kind of authority that they feel is
19 necessary that national banks have. It's to
20 protect the state charter and the only
21 difference here is that the thrifts are in this
22 legislation for the insurance situation only.
23 I'd also like to -- I know she's
24 going to speak on it -- to applaud Senator
25 Santiago who's been very cooperative and very
6118
1 helpful and the entire Senate that has been very
2 helpful working with the Assembly to put this
3 together and the Governor.
4 This is absolutely crucial for
5 New York State, if we are to maintain state
6 chartered banks which have to be headquartered
7 in New York, which actually provides a lot of
8 jobs and the whole Banking Department is
9 self-funded by the industry itself.
10 So this is a good piece of
11 legislation. I wish it was permanent, but it's
12 the best we could do.
13 Thank you, Mr. President.
14 ACTING PRESIDENT KUHL: Senator
15 Farley will be recorded in the affirmative.
16 Senator Santiago, to explain her
17 vote.
18 SENATOR SANTIAGO: Mr. President,
19 I was hoping not to see this bill again, Senator
20 Farley, certainly not in this form.
21 This legislation -- and I tried
22 to minimize it so you could understand it
23 clearly -- only extends the "wild card" banking
24 law another two years.
25 This means that we will revisit.
6119
1 We will go through this process again in the
2 year 2000 and that part of the bill and that
3 process is something I'm really not looking
4 forward to.
5 I think it's a shame because it
6 will keep state banks resistant to expanding
7 their power for fear of losing them later. This
8 bill keeps banks competitively behind and you
9 need to underscore "behind" national banks.
10 However, we're grateful that it
11 came out of committee. We waited. I would like
12 to thank Senator Farley from the bottom of my
13 heart because he kept me informed every step of
14 the way with good news and bad news. It was
15 probably the best experience I have had in the
16 Senate, and I think the developments of this
17 bill reflect the fact that we worked so closely
18 together, sir, and I want to thank you for that.
19 I vote in the affirmative.
20 ACTING PRESIDENT KUHL: Senator
21 Santiago will be recorded in the affirmative.
22 Senator Leichter, to explain his
23 vote.
24 SENATOR LEICHTER: Yes. Mr.
25 President, I hate to rain on this parade. I
6120
1 know that for Senator Farley this bill is just a
2 little bit behind the Holy Grail in significance
3 and importance and I understand how hard he and
4 Senator Santiago, with the best of intentions,
5 have worked on it, but I think the one thing
6 that we need to understand as a body is that we
7 are giving up our legislative powers, powers
8 that, I think are very important be exercised by
9 the Legislature and not by the Banking Board,
10 and when you strip the bill of all of its
11 rhetoric, what does it do? Well, it's going to
12 keep state chartered banks here, and so on, but
13 it means that the state chartered banks will not
14 be under the same control of the Legislature and
15 also will mean that by and large state chartered
16 banks may be given powers of national banks that
17 we feel are not in the interest of New York
18 State consumers.
19 So what do we gain? Well, if
20 they have a state charter, it means they pay
21 some money to the state Banking Department but
22 they don't do what we want them to do and what
23 we think is necessary for the benefit of
24 consumers.
25 We realize we have a real problem
6121
1 because more and more banking is becoming a
2 national operation under national control. It
3 becomes harder and harder for the state really
4 to have any role and for us to exercise the
5 jurisdiction that we would like to, but rather
6 than go along and join the march of defeatists,
7 I would like to see us assert that the New York
8 State Legislature will not give up its powers to
9 the Banking Board to regulate something as
10 important as banking.
11 Mr. President, I vote in the
12 negative.
13 ACTING PRESIDENT KUHL: Senator
14 Leichter will be recorded in the negative.
15 Senator Gold, to explain his
16 vote.
17 SENATOR GOLD: Yeah. Mr.
18 President, Senator Farley, you have been a
19 gentleman and I appreciate that and I've
20 listened to the remarks of Senator Santiago.
21 So I will tell you, Senator
22 Farley, I will vote for the bill today, but I
23 will not vote for it in the year 2000.
24 (Laughter)
25 ACTING PRESIDENT KUHL: Senator
6122
1 Gold will be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes 56, nays 1,
4 Senator Leichter recorded in the negative.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1662, by Senator Spano, Senate Print 7681-A, an
9 act to amend the Workers' Compensation Law.
10 SENATOR SKELOS: Lay it aside
11 temporarily.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside temporarily.
14 Senator Skelos, that completes
15 the non-controversial reading of Supplemental
16 Calendar 54-A. What's your pleasure?
17 SENATOR SKELOS: Mr. President,
18 are there any live bills on the calendar needing
19 to be debated?
20 ACTING PRESIDENT KUHL: Senator
21 Skelos.
22 SENATOR SKELOS: Can we return to
23 motions and resolutions. Would you please
24 recognize Senator Cook.
25 ACTING PRESIDENT KUHL: We'll
6123
1 return to the order of motions and resolutions.
2 The Chair recognizes Senator
3 Cook.
4 SENATOR COOK: Mr. President, on
5 page 14, I offer the following amendments to
6 Calendar 633, Senate Print 6276-B, and ask that
7 said bill retain its place on the Third Reading
8 Calendar.
9 ACTING PRESIDENT KUHL: The
10 amendments to Calendar Number 633 are received
11 and adopted. The bill will retain its place on
12 the Third Reading Calendar.
13 SENATOR COOK: Mr. President, for
14 the advice of the members, we expect to vote on
15 this next Tuesday, so they might want to be
16 reading the amendments.
17 ACTING PRESIDENT KUHL: Senator
18 Gold and Senator Leichter have acknowledged that
19 they'll be here.
20 SENATOR MARCHI: Mr. President.
21 ACTING PRESIDENT KUHL: Senator
22 Marchi, why do you rise?
23 SENATOR MARCHI: I seek the
24 consent of this august body to -- the bill that
25 just recently left the house, Calendar Number
6124
1 1624, Senate -- well, 1624 -- we'll let it go at
2 that -- to be recorded in the negative.
3 ACTING PRESIDENT KUHL: Without
4 objection, hearing no objection, Senator Marchi
5 will be recorded in the negative on Calendar
6 Number 1624. The Senate will stand at ease
7 momentarily.
8 (Whereupon, the Senate stood at
9 ease from 11:58 a.m. until 12:10 p.m.)
10 ACTING PRESIDENT KUHL: The
11 Senate will come to order.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 on the first active list, would you please call
15 up Calendar Number 1234, by Senator Leibell.
16 ACTING PRESIDENT KUHL: For the
17 benefit of the members, on the first calendar of
18 the day, Calendar Number 54, Calendar Number
19 1234 on that calendar.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1234, by Senator Leibell, Senate Print 3929-B,
23 an act to amend the Real Property Actions and
24 Proceedings Law, in relation to a special
25 procedure.
6125
1 ACTING PRESIDENT KUHL: Senator
2 Skelos.
3 SENATOR SKELOS: Move to accept.
4 ACTING PRESIDENT KUHL: There's a
5 message of necessity at the desk. The motion is
6 to accept the message on Calendar Number 1234.
7 All those in favor signify by saying aye.
8 (Response of "Aye".)
9 Opposed, nay.
10 (There was no response.)
11 The message is accepted. The
12 bill is before the house.
13 SENATOR LEICHTER: Explanation.
14 ACTING PRESIDENT KUHL:
15 Explanation of Calendar Number 1234 has been
16 requested, Senator Leibell, from Senator
17 Leichter.
18 SENATOR LEIBELL: Lay it aside.
19 ACTING PRESIDENT KUHL: Lay the
20 bill aside.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 would you call up Calendar Number 1653 on
24 Supplemental Calendar 54-A.
25 ACTING PRESIDENT KUHL: The
6126
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1653, by the Senate Committee on Rules, Senate
4 Print 7840, an act to amend Chapter 50 of the
5 Laws of 1998.
6 ACTING PRESIDENT KUHL: Senator
7 Skelos.
8 SENATOR SKELOS: Is there a
9 message at the desk?
10 ACTING PRESIDENT KUHL: There is.
11 SENATOR SKELOS: Move to accept.
12 ACTING PRESIDENT KUHL: The
13 motion is to accept the message of necessity on
14 Calendar 1653. All those in favor signify by
15 saying aye.
16 (Response of "Aye".)
17 Opposed, nay.
18 (There was no response.)
19 The message is accepted. The
20 bill is before the house. The Secretary will
21 read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
6127
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 57.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 on the same calendar, would you please call up
8 Calendar Number 1658.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 1658, by the Senate Committee on Rules, Senate
13 Print 7679-A, an act to amend the Real Property
14 Tax Law and the New York City Charter, in
15 relation -
16 SENATOR SKELOS: Is there a
17 message at the desk?
18 ACTING PRESIDENT KUHL: There is.
19 SENATOR SKELOS: Move to accept.
20 ACTING PRESIDENT KUHL: The
21 motion is to accept the message of necessity on
22 Calendar Number 1658. All those in favor
23 signify by saying aye.
24 (Response of "Aye".)
25 Opposed, nay.
6128
1 (There was no response.)
2 The message is accepted. The
3 bill is before the house.
4 SENATOR GOLD: Explanation.
5 ACTING PRESIDENT KUHL:
6 Explanation has been requested.
7 Senator Skelos, who would you
8 like to have explain Calendar Number 1658?
9 SENATOR HANNON: Mr. President.
10 ACTING PRESIDENT KUHL: Senator
11 Hannon, for the purpose of an explanation.
12 SENATOR HANNON: Mr. President,
13 this deals with procedures in regard to the
14 challenge of real property taxes. In effect, it
15 applies only to those who would challenge
16 commercial parcels. It does a number of
17 things. It includes restoring the proofs to
18 what was the proof available as of one year ago
19 and -
20 SENATOR GOLD: Mr. President,
21 it's very hard to hear. I'm sorry.
22 ACTING PRESIDENT KUHL: Senator
23 Gold is having a difficult time hearing as are
24 other members, Senator Hannon.
25 Could we please have the members
6129
1 take their chairs, have the staff their places,
2 curtail the discussions in the chamber.
3 Senator Hannon, as soon as
4 Senator Leibell and Senator Maltese are through
5 with their discussion, we'll proceed.
6 Senator Hannon, for the purpose
7 of an explanation.
8 SENATOR HANNON: Thank you, Mr.
9 President.
10 This bill deals with the type of
11 proof that can be offered in regard to
12 challenges to real property tax assessments.
13 As a matter of fact, it only
14 deals with commercial parcels. It has no effect
15 on the small -- small -- the residential which
16 are still available to go through the small
17 claims assessment review process.
18 It would restore to the statutes
19 the types of proof that were available up until
20 last August when, I believe, in a technical
21 error the -- there was changes made and it only
22 does -- it only affects the two special
23 assessing units in the entire state which are
24 the city of New York and the county of Nassau.
25 It would save significant dollars
6130
1 to each municipality. It would allow for proof
2 still to be offered in appropriate circumstances
3 and what it does, in essence, is remove items
4 that are just inappropriate for the
5 circumstances.
6 SENATOR GOLD: Mr. President.
7 ACTING PRESIDENT KUHL: Senator
8 Gold.
9 SENATOR GOLD: Yeah. Will the
10 gentleman yield to a question?
11 ACTING PRESIDENT KUHL: Senator
12 Hannon, do you yield to a question from Senator
13 Gold?
14 SENATOR HANNON: Yes.
15 ACTING PRESIDENT KUHL: The
16 Senator yields.
17 SENATOR GOLD: Senator Hannon, to
18 break it down in just a little simpler language,
19 my understanding -- by the way, Senator, you're
20 a gentleman. I want you to know that there will
21 be a slow roll call on the bill, but to break it
22 down into simpler language, right now if
23 somebody believes that there is an inequitable
24 assessment against their property, they can use
25 certain methods of showing the inequity and
6131
1 whether they were put into the statute you say
2 as an error or -- I don't know whether it was an
3 error -- it was put into the statute in some
4 way, by passing this, aren't we, in effect,
5 limiting the manner in which somebody who
6 believes they are inequitably assessed, can
7 prove their case?
8 SENATOR HANNON: No.
9 SENATOR GOLD: Senator, let me
10 ask you another question.
11 SENATOR HANNON: I continue to
12 yield.
13 SENATOR GOLD: Pardon me?
14 SENATOR HANNON: I continue to
15 yield.
16 SENATOR GOLD: Thank you, sir.
17 As I understand it, Senator,
18 under the existing law, so-called comparable
19 sales could be used today in challenging the
20 assessment. Is that true?
21 SENATOR HANNON: Yes.
22 SENATOR GOLD: If this becomes
23 law, Senator, will the people affected be able
24 to use comparable sales?
25 SENATOR HANNON: No.
6132
1 SENATOR GOLD: Well, so -- on the
2 bill, Mr. President.
3 ACTING PRESIDENT KUHL: Senator
4 Gold, on the bill.
5 SENATOR GOLD: I am perplexed by
6 Senator Hannon's answer to my question three
7 questions ago, but maybe he'll explain it.
8 There is unquestionably, based upon his last two
9 answers, a change in the ability of a property
10 owner to prove their case.
11 Now, there are people opposed to
12 this and I respect the city of New York and
13 they're opposed but, you know, I don't know any
14 defendant in any litigated matter who would not
15 like to be able to limit the way a plaintiff can
16 submit their proof and we have cadres of law
17 which define how you can prove cases, and these
18 are set up to do some equity, not to stop
19 plaintiffs or protect defendants or hurt
20 defendants and help plaintiffs but the bottom
21 line issue in these cases is a simple issue.
22 Was there an inequitable assessment of a
23 taxpayer? That's the issue.
24 Now, from the point of view, as I
25 understand the city of New York's memorandum, if
6133
1 the current law remains, it is, quotes "easier",
2 end quotes, for someone who is being handled
3 inequitably to establish what? To establish
4 that they are being handled inequitably.
5 If this law passes, it will
6 eliminate one of the methods by which someone
7 who has property can prove -- can prove what?
8 Can prove that they are being treated
9 inequitably.
10 Now, I don't know why the city of
11 New York or any other municipality would want to
12 be in the situation of saying that if we are
13 treating a taxpayer inequitably we want to make
14 it harder for them to prove -
15 SENATOR HANNON: Senator Gold,
16 may I interrupt?
17 SENATOR GOLD: Yes, sir.
18 SENATOR HANNON: Senator Gold,
19 are you aware that there are continued
20 procedures and there are continued standards for
21 people to make sure that equality can be
22 continued even after this bill is passed and
23 becomes law?
24 SENATOR GOLD: No, no, because -
25 SENATOR HANNON: You're not aware
6134
1 of that.
2 SENATOR GOLD: Excuse me. Excuse
3 me. You asked me a question. I say no because
4 it's a loaded question. The fact is that if
5 this bill becomes law, there will be two methods
6 of proof still available, as I understand it,
7 but those methods of proof are harder than the
8 method of proof that you're eliminating and,
9 Senator, my objection to the bill is that if a
10 taxpayer is being inequitably treated, they
11 ought to be getting some relief. We shouldn't
12 be determining bills that make it harder for a
13 taxpayer to just get equal treatment with the
14 other taxpayers in equal situations. That's all
15 that the bill is talking about and that's all
16 that I'm talking about.
17 If you put in a bill, Senator
18 Hannon, that increased five other ways they
19 could prove their case, I would support it. It
20 doesn't mean that taxpayers are going to get a
21 break they're not entitled to. The only issue
22 in these proceedings is whether or not taxpayer
23 A is being treated on the same basis as taxpayer
24 B, and I don't know why any -
25 SENATOR HANNON: Senator Gold.
6135
1 SENATOR GOLD: Yes.
2 SENATOR HANNON: Let me just
3 interrupt.
4 SENATOR GOLD: Are you asking me
5 to yield, sir?
6 SENATOR HANNON: Yes, sir.
7 SENATOR GOLD: Senator Kuhl, I
8 will yield, Mr. President.
9 ACTING PRESIDENT KUHL: The
10 Senator yields.
11 SENATOR HANNON: Do you believe
12 that when somebody's assessed, then they should
13 be able to challenge it on the same basis that
14 they're assessed on?
15 SENATOR GOLD: I think that when
16 somebody is assessed, the bottom line result,
17 which I know you have to agree with me on, the
18 bottom line result is that the assessment should
19 be fair as it is to everybody else in the
20 community.
21 SENATOR HANNON: Second
22 question. Will you continue to yield?
23 SENATOR GOLD: Yes, sir.
24 SENATOR HANNON: Do you know that
25 they're not assessed on sales price right now in
6136
1 the city of New York?
2 SENATOR GOLD: Yes, sir.
3 SENATOR HANNON: Do you know that
4 they're assessed on the basis of the value
5 derived from the income that's produced?
6 SENATOR GOLD: I know, sir, that
7 the attempt over the last few years has been to
8 get an assessment basis that is fair.
9 I know, Senator Hannon, that over
10 the years there has been much question raised,
11 should we be at 100 percent of value? Should we
12 be this; should we be that and all those
13 questions resolved themselves down one issue and
14 the one issue is shouldn't we not be fair to
15 each taxpayer to make sure that as between
16 taxpayers and their neighbors it's fair, and so,
17 Senator, that's more important to me. It really
18 is. That's more important to me than whether or
19 not we are using this particular setup in the
20 city and in Nassau but in Albany and Rochester
21 you can do it any darn way you want.
22 It seems to me that when you're
23 talking about how somebody proves their case, I
24 have to -- my ears perk up because if the bottom
25 line is to correct -
6137
1 SENATOR HANNON: Let me ask you
2 another question.
3 SENATOR GOLD: Let me finish the
4 sentence. -- if the bottom line is that we here
5 are protecting that at least between all of our
6 constituents they be treated equally, I don't
7 know why we would want to limit the manner of
8 proof that somebody gives to show that they're
9 being treated inequitably.
10 SENATOR HANNON: These commercial
11 taxpayers that you're trying to argue for, do
12 you know that they're now assessed based on
13 their income producing stream and if you allow
14 sales, that's an entirely different standard and
15 allows, in fact, inequality if you change the
16 standard?
17 SENATOR GOLD: Senator, I think
18 that the concept that by limiting the proof you
19 are running into a situation of inequality, is
20 something that I have a lot of problem with.
21 I know, as you do, that there are
22 thousands of cases every year where taxpayers
23 bring certiorari cases in order to try to argue
24 that they are in some way being inequitably
25 treated.
6138
1 In seems to me, Senator, that in
2 a situation in Nassau County -- and I look over
3 there at -- and I look back here at our two
4 newest members and I say, My gosh, I've got to
5 protect them -- actually I don't. They protect
6 themselves very well, but in Nassau and in New
7 York City, I don't know how this bill prejudices
8 taxpayers.
9 I do know that from the point of
10 view of the municipalities they are concerned
11 that if the bill doesn't pass they may have to
12 pay people back some of the tax money that they
13 took which perhaps they received in an
14 inequitable way, and that's the way I look at
15 it, and if I were the mayor of the city of New
16 York, maybe I would not want to have this bill
17 pass, although I'll tell you this. With all due
18 respect to the mayor -- he's a fine gentleman -
19 I wouldn't want something on the books that was
20 allowing me to gain income in an inequitable
21 way.
22 SENATOR HANNON: And do you know
23 that if your argument would be to prevail -- and
24 I can go at it at length -- if your argument
25 prevails, Senator, and I know that you should -
6139
1 you're skilled in the courtroom, that you know
2 about standards of proof, that you will be
3 causing an inequality, that you will be causing
4 an unfairness and that's because these
5 properties are assessed on the basis of their
6 value derived from the income they produce. The
7 rent roll, that gives you a certain value. If
8 you use sales, you're changing the standard and
9 sales are very random. They're very rare.
10 What has happened in the city of
11 New York, beginning under, I believe Ed Koch and
12 continued under David Dinkins but under their
13 commissioners of finance, totally revised their
14 system of doing it to try to bring their rolls
15 into an equality and for commercial property,
16 they took a look at their revenue streams and
17 they said the values derived from them will hit
18 a 45 percent assessment ratio.
19 Now, if you change around and in
20 proof -- and in proof allow for sales, you're
21 using a whole different standard and you will
22 create inequality where you have had equality
23 and that's the problem.
24 SENATOR GOLD: Will the Senator
25 yield to a question? Will the Senator yield to
6140
1 a question?
2 SENATOR HANNON: Yes.
3 ACTING PRESIDENT KUHL: The
4 Senator yields.
5 SENATOR GOLD: Senator, if this
6 bill becomes law, will the following still be a
7 method of proving the case, using the New York
8 State Board of Property Services class
9 equalization rate?
10 SENATOR HANNON: For part of it.
11 The other part would be dealt by Section 2 of
12 the bill for the city of New York where their
13 established system, which they had worked for
14 decades, the home, would be the ratio
15 established by the commissioner of finance, and
16 which I believe it may or may not be in effect
17 because it's a question of whether last year's
18 last August law overrides it or not.
19 Now, it's been a long time since
20 I have been an expert in doing these things and
21 I don't practice this at all, but I watch it as
22 a taxpayer and I do believe that the fairness
23 you get is by making sure that a few favored
24 commercial property owners don't get an unfair
25 break and rather you get the money distributed
6141
1 to all of the property owners, including to the
2 residential people who we're trying to make sure
3 get a fair break.
4 SENATOR GOLD: Mr. President.
5 ACTING PRESIDENT KUHL: Senator
6 Gold.
7 SENATOR GOLD: Yeah. Senator,
8 I'm looking at some legal work on this issue -
9 and I don't practice -
10 SENATOR HANNON: You have the
11 advantage of a memo from some law firm that I
12 don't have the advantage of and if you would
13 share it with me, I would go through it. I
14 could respond appropriately, but I don't have
15 the advantage of that.
16 SENATOR GOLD: Well, Senator, my
17 suggestion -- because I think that there are
18 legitimate questions being raised and -
19 SENATOR HANNON: I offered before
20 the debate -- I heard that you had questions in
21 Rules -- to go over and explain it and I still
22 -- that offer still stands.
23 SENATOR GOLD: Well, what I would
24 do is by way of counter-offer -
25 ACTING PRESIDENT KUHL: Would the
6142
1 two of you like to go outside?
2 SENATOR GOLD: No. What I would
3 like to do -- what I would like to do is to
4 offer to have him look at the memo and perhaps
5 put this bill over to next week, give us some
6 time to study the issue.
7 I think, Mr. President -- on the
8 bill, Mr. President.
9 ACTING PRESIDENT KUHL: Senator
10 Gold, on the bill.
11 SENATOR GOLD: I believe that
12 it's unfortunate that the issue is coming up
13 today at this time, and I think that this end of
14 session leaves me with a good feeling. I think
15 I've seen the two sides of the aisle cooperating
16 very, very well over the last few days and I
17 think we have been able to work through our work
18 pretty well, but it doesn't mean that there
19 aren't some bills that just need a better look
20 than to come flying out of Rules the last minute
21 and it certainly is no -- I don't mean to cast
22 any aspersions upon Senator Hannon because
23 you're in the same predicament we all are, but
24 I'm looking at one memo and it indicates that
25 one of the methods used here, which would
6143
1 continue, deals with the New York State Board of
2 Property Services and that under their system it
3 is based upon appraisal data and not actually
4 sales, and it seems to me as a non-expert in
5 this field that I don't know why you would set
6 up a system based upon appraisals, quesses, when
7 the fact of the matter is that you have the
8 opportunity to use real sales, real money, and I
9 can tell you that every one of us has experience
10 in buying and selling items and as that old
11 terrible joke where the guy is advised to buy,
12 buy, buy and then he wants to sell and the
13 broker says to who, the sales price of a
14 property is very significant and there are many
15 people who believe that their castles, be they
16 residential or commercial, are worth fortunes
17 until they go to sell it and they find out it's
18 not exactly so.
19 So, Senator Hannon, I'm nervous.
20 I hear what you say, Senator. You may know more
21 about this than I. I don't deny that, but I do
22 know that if the issue is equity here, I don't
23 know why we would want to limit the kinds of
24 proof that a property owner could offer in order
25 to seek equity, not to seek an advantage over
6144
1 their neighbor, not to get a benefit other than
2 to say, Look, this is what's going on. This is
3 what my property is really worth and maybe,
4 Senator Hannon, the city of New York should
5 change the standard altogether. Maybe it
6 shouldn't be "X" standard. Maybe it should be
7 "Y", but I think taxpayers should be taxed on
8 the value of their property. If you're using
9 100 percent, fine, if you're using 45 percent,
10 fine, but at least give them the opportunity to
11 argue that they are being treated inequitably
12 and the way I look at the bill, I think we are
13 taking away one of the options of proof.
14 ACTING PRESIDENT KUHL: Senator
15 Hannon, on the bill.
16 SENATOR HANNON: Yes. Senator
17 Gold raises some interesting objectives for us
18 to meet and I agree with those objectives,
19 equality and fairness. That's what this bill
20 tries to do.
21 When we talk about bills whizzing
22 out of Rules, this is all caused because
23 attached to the STAR program legislation that
24 whizzed out of Rules last year in August, had
25 these changes and standards that nobody looked
6145
1 at and nobody realized the implications and it's
2 a difficult measure to argue because I'm talking
3 about standards of proof, but I think I can
4 argue it because I have some familiarity with
5 the property tax system and the property
6 valuation system, especially in New York and
7 Nassau.
8 If we were to allow the sales to
9 be used here, we actually introduce unfairness.
10 That's because the courts, when they review the
11 assessments of commercial property, say that the
12 municipalities must assess based on the income
13 producing stream and resulting value. That
14 actually is a good thing because it gives you a
15 steady stream, a steady predictability as to
16 what the value is.
17 If we just look at the last ten
18 years downstate, we know that there's been a
19 roller coaster of values. We know that a lot of
20 municipalities have seen widely varying aid to
21 their -- to especially the school districts
22 because the values have swung so widely. So the
23 courts have said we should use the income
24 system. That's still available as questions of
25 proof.
6146
1 If we continue with this, we will
2 be facing the unfair creation of inequality.
3 We'll be giving people who bring the petitions
4 an unfair advantage and we will be causing
5 everybody else who has to pay real property
6 taxes a burden and that burden will be borne by
7 the non-challenging commercial and it will be
8 borne by all of the residential homeowners. So
9 we're trying to save money.
10 This has been the statute since
11 the mid-'80s until last August. This restores
12 it. It affects only Nassau and New York City.
13 It saves a great deal of money. I believe it
14 makes logic. If makes sense. It is fair and it
15 ought to be enacted.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 SENATOR PATERSON: Mr. President.
23 ACTING PRESIDENT KUHL: Senator
24 Paterson, why do you rise?
25 SENATOR PATERSON: Mr. President,
6147
1 we would like a slow roll call on this.
2 ACTING PRESIDENT KUHL: The
3 Secretary will call the roll. Ring the bells.
4 Are there five members? There are five
5 requesting a slow roll call.
6 The Secretary will call the roll
7 slowly.
8 THE SECRETARY: Senator Abate.
9 SENATOR ABATE: No.
10 THE SECRETARY: Senator Alesi.
11 SENATOR ALESI: Yes.
12 THE SECRETARY: Senator Balboni.
13 SENATOR BALBONI: Mr. President.
14 ACTING PRESIDENT KUHL: Senator
15 Balboni, to explain his vote.
16 SENATOR BALBONI: To characterize
17 this particular measure as somehow injuring the
18 ability of the plaintiff to bring the case and
19 to somehow disenfranchise the ability of a
20 Nassau County taxpayer, real property taxpayer,
21 to bring these types of suits is frankly just
22 disingenuous.
23 This bill restores the system
24 that's been there for decades. It is a system
25 that in a county where we have the only
6148
1 countywide assessor, in a system -- in a year
2 where we're dealing with STAR and all of the
3 other issues, what this basically does is keeps
4 the playing field level. It provides the same
5 parity.
6 I vote in the affirmative. Thank
7 you.
8 ACTING PRESIDENT KUHL: Senator
9 Balboni will be recorded in the affirmative.
10 Continue the slow roll call.
11 THE SECRETARY: Senator Breslin.
12 SENATOR BRESLIN: No.
13 THE SECRETARY: Senator Bruno.
14 (Affirmative indication.)
15 Senator Connor.
16 (Negative indication.)
17 Senator Cook.
18 SENATOR COOK: Yes.
19 THE SECRETARY: Senator
20 DeFrancisco.
21 SENATOR DeFRANCISCO: Yes.
22 THE SECRETARY: Senator
23 Dollinger.
24 (There was no response.)
25 Senator Farley.
6149
1 SENATOR FARLEY: Aye.
2 THE SECRETARY: Senator
3 Fuschillo.
4 SENATOR FUSCHILLO: Aye.
5 THE SECRETARY: Senator Gentile.
6 SENATOR GENTILE: No.
7 THE SECRETARY: Senator Gold.
8 SENATOR GOLD: No.
9 THE SECRETARY: Senator Gonzalez.
10 (There was no response.)
11 Senator Goodman.
12 SENATOR GOODMAN: Aye.
13 THE SECRETARY: Senator Hannon.
14 (Affirmative indication.)
15 Senator Hoffmann.
16 (There was no response.)
17 Senator Holland.
18 SENATOR HOLLAND: Yes.
19 THE SECRETARY: Senator Johnson.
20 SENATOR JOHNSON: Aye.
21 THE SECRETARY: Senator Kruger,
22 excused.
23 Senator Kuhl.
24 SENATOR KUHL: Aye.
25 THE SECRETARY: Senator Lachman,
6150
1 excused.
2 Senator Lack.
3 (There was no response.)
4 Senator Larkin.
5 (There was no audible response.)
6 Senator LaValle.
7 (There was no response.)
8 Senator Leibell.
9 SENATOR LEIBELL: Aye.
10 THE SECRETARY: Senator Leichter.
11 SENATOR LEICHTER: No.
12 THE SECRETARY: Senator Libous.
13 (There was no response.)
14 Senator Maltese.
15 SENATOR MALTESE: No.
16 THE SECRETARY: Senator
17 Marcellino.
18 SENATOR MARCELLINO: Yes.
19 THE SECRETARY: Senator Marchi.
20 SENATOR MARCHI: Aye.
21 THE SECRETARY: Senator
22 Markowitz.
23 SENATOR MARKOWITZ: No.
24 THE SECRETARY: Senator Maziarz.
25 SENATOR MAZIARZ: Yes.
6151
1 THE SECRETARY: Senator Meier.
2 SENATOR MEIER: Yes.
3 THE SECRETARY: Senator Mendez.
4 (There was no response.)
5 Senator Montgomery.
6 (There was no response.)
7 Senator Nanula.
8 SENATOR NANULA: No.
9 THE SECRETARY: Senator Nozzolio.
10 SENATOR NOZZOLIO: Aye.
11 THE SECRETARY: Senator Onorato.
12 SENATOR ONORATO: No.
13 THE SECRETARY: Senator
14 Oppenheimer.
15 (There was no response.)
16 Senator Padavan.
17 SENATOR PADAVAN: No.
18 ACTING PRESIDENT KUHL: Senator
19 Paterson, why do you rise?
20 SENATOR PATERSON: Mr. President,
21 in alphabetical order was Senator Mendez' name
22 ever called?
23 ACTING PRESIDENT KUHL: She was.
24 She was not in her seat. We didn't record a
25 vote for her but, Senator Mendez, how do you
6152
1 vote?
2 SENATOR MENDEZ: No.
3 ACTING PRESIDENT KUHL: No.
4 Senator Mendez will be recorded in the
5 negative.
6 Continue the slow roll call.
7 ACTING PRESIDENT KUHL: Senator
8 Padavan -- Senator Padavan, how are you voting?
9 SENATOR PADAVAN: Negative.
10 ACTING PRESIDENT KUHL: In the
11 negative. Senator Padavan recorded in the
12 negative.
13 Continue the slow roll call.
14 THE SECRETARY: Senator Paterson.
15 SENATOR PATERSON: No.
16 THE SECRETARY: Senator Present.
17 SENATOR PRESENT: Aye.
18 THE SECRETARY: Senator Rath.
19 SENATOR RATH: Aye.
20 THE SECRETARY: Senator Rosado.
21 SENATOR ROSADO: No.
22 THE SECRETARY: Senator Saland.
23 (There was no response.)
24 Senator Sampson.
25 (There was no response.)
6153
1 Senator Santiago.
2 SENATOR SANTIAGO: No.
3 THE SECRETARY: Senator Seabrook.
4 (There was no response.)
5 Senator Seward.
6 SENATOR SEWARD: Yes.
7 THE SECRETARY: Senator Skelos.
8 SENATOR SKELOS: Yes.
9 THE SECRETARY: Senator Smith.
10 SENATOR SMITH: No.
11 THE SECRETARY: Senator Spano.
12 (There was no response.)
13 Senator Stachowski.
14 SENATOR STACHOWSKI: No.
15 THE SECRETARY: Senator Stafford.
16 (There was no response.)
17 Senator Stavisky.
18 (There was no response.)
19 Senator Trunzo.
20 SENATOR TRUNZO: Yes.
21 THE SECRETARY: Senator Velella.
22 (There was no response.)
23 Senator Volker.
24 SENATOR VOLKER: Yes.
25 THE SECRETARY: Senator Waldon.
6154
1 (Negative indication.)
2 Senator Wright.
3 SENATOR WRIGHT: Aye.
4 ACTING PRESIDENT KUHL: The
5 Secretary will call the absentees.
6 THE SECRETARY: Senator
7 Dollinger.
8 SENATOR DOLLINGER: No.
9 THE SECRETARY: Senator Gonzalez.
10 (There was no response.)
11 Senator Hoffmann.
12 SENATOR HOFFMANN: No.
13 THE SECRETARY: Senator Lack.
14 SENATOR LACK: Aye.
15 THE SECRETARY: Senator LaValle.
16 (There was no response.)
17 Senator Libous.
18 SENATOR LIBOUS: Yes.
19 THE SECRETARY: Senator
20 Montgomery.
21 (There was no response.)
22 Senator Oppenheimer.
23 SENATOR OPPENHEIMER: No.
24 THE SECRETARY: Senator Saland.
25 SENATOR SALAND: Aye.
6155
1 THE SECRETARY: Senator Sampson.
2 (There was no response.)
3 Senator Seabrook.
4 (There was no response.)
5 Senator Spano.
6 SENATOR SPANO: Aye.
7 THE SECRETARY: Senator Stafford.
8 SENATOR STAFFORD: Aye.
9 THE SECRETARY: Senator LaValle.
10 SENATOR LAVALLE: No.
11 THE SECRETARY: Senator Stavisky.
12 (There was no response.)
13 Senator Velella.
14 (There was no response.)
15 ACTING PRESIDENT KUHL: Announce
16 the results.
17 THE SECRETARY: Ayes 31, nays 22.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 would you call up Calendar Number 1654 on
23 Supplemental Calendar 54-A.
24 ACTING PRESIDENT KUHL: The
25 Secretary will read.
6156
1 THE SECRETARY: Calendar Number
2 1654, by Senator Velella, Senate Print 7842, an
3 act in relation to the implementation of the
4 terms of written agreements.
5 ACTING PRESIDENT KUHL: Senator
6 Skelos -- Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 is there a message of necessity at the desk?
9 ACTING PRESIDENT KUHL: There is.
10 SENATOR SKELOS: Move to accept.
11 ACTING PRESIDENT KUHL: The
12 motion is to accept the message of necessity on
13 Calendar Number 1654. All those in favor
14 signify by saying aye.
15 (Response of "Aye".)
16 Opposed, nay.
17 (There was no response.)
18 The message is accepted. The
19 bill is before the house. The Secretary will
20 read the last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
6157
1 THE SECRETARY: Ayes 57.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 Senator Skelos.
5 SENATOR SKELOS: Mr. President,
6 would you call up Calendar Number 1659, by
7 Senator Hannon.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 1659, by Senator Hannon, Senate Print 7834, an
12 act to amend the Tax Law, in relation to the
13 payment of certain lottery prize.
14 ACTING PRESIDENT KUHL: Senator
15 Skelos.
16 SENATOR SKELOS: Mr. President,
17 is there a message of necessity at the desk?
18 ACTING PRESIDENT KUHL: There is.
19 SENATOR SKELOS: Move to accept.
20 ACTING PRESIDENT KUHL: The
21 motion is to accept the message of necessity on
22 Calendar Number 1659. All those in favor
23 signify by saying aye.
24 (Response of "Aye".)
25 Opposed, nay.
6158
1 (There was no response.)
2 The message is accepted. The
3 bill is before the house. The Secretary will
4 read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT KUHL: Senator
11 Gold, to explain his vote?
12 SENATOR GOLD: Do I have to
13 abstain?
14 ACTING PRESIDENT KUHL: Announce
15 the results.
16 THE SECRETARY: Ayes 57.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 would you call up Calendar Number 1661, by
22 Senator Trunzo.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
6159
1 1661, by Senator Trunzo, Senate Bill 7816, an
2 act to amend the Civil Service Law, in relation
3 to promotional eligibility.
4 ACTING PRESIDENT KUHL: Senator
5 Skelos.
6 SENATOR SKELOS: Is there a
7 message at the desk?
8 ACTING PRESIDENT KUHL: There
9 is.
10 SENATOR SKELOS: Move to accept.
11 ACTING PRESIDENT KUHL: Motion is
12 to accept the message of necessity on Calendar
13 Number 1661. All those in favor signify by
14 saying aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response.)
18 The message is accepted. Bill is
19 before the house. Secretary will read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
6160
1 THE SECRETARY: Ayes 57.
2 ACTING PRESIDENT KUHL: Bill is
3 passed.
4 Senator Skelos.
5 SENATOR SKELOS: Mr. President,
6 on Calendar Number 54, would you call up
7 Calendar Number 1334. It's on the main
8 calendar.
9 ACTING PRESIDENT KUHL: Secretary
10 will read Calendar Number 1334 on the first
11 calendar of the day.
12 SENATOR SKELOS: Mr. President,
13 call up -
14 ACTING PRESIDENT KUHL: Secretary
15 will read.
16 THE SECRETARY: Calendar Number
17 1334, by Senator Johnson, Senate Print 7101-A,
18 an act to amend the Transportation Law, in
19 relation to the regulations.
20 SENATOR SKELOS: Mr. President,
21 is there a message of necessity at the desk?
22 ACTING PRESIDENT KUHL: There
23 is.
24 SENATOR SKELOS: Move to accept.
25 ACTING PRESIDENT KUHL: Motion is
6161
1 to accept the message of necessity on Calendar
2 Number 1334. All in favor, say aye.
3 (Response of "Aye.")
4 Opposed nay.
5 (There was no response.)
6 The message is accepted.
7 Secretary will read the last section.
8 THE SECRETARY: Section 17. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 57.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 Senator Skelos.
17 SENATOR SKELOS: If we could, I
18 believe there are substitutions to be made,
19 housekeeping to be done.
20 ACTING PRESIDENT KUHL:
21 Housekeeping.
22 SENATOR SKELOS: Please make the
23 substitutions.
24 THE SECRETARY: On page 10,
25 Senator Present moves to discharge from the
6162
1 Committee on Rules Assembly Bill Number 5278 and
2 substitute it for the identical Third Reading
3 Calendar 475.
4 And on page 17, Senator Alesi
5 moves to discharge from the Committee on Rules
6 Assembly Bill Number 8892-A, and substitute it
7 for the identical Third Reading Calendar 759.
8 ACTING PRESIDENT KUHL:
9 Substitutions are ordered.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 on Calendar Number 54, will you please lay aside
13 for the day Calendar Number 1234, by Senator
14 Leibell.
15 ACTING PRESIDENT KUHL: Calendar
16 Number 1234 will be laid aside for the day.
17 SENATOR SKELOS: Mr. President -
18 ACTING PRESIDENT KUHL: Senator
19 Skelos.
20 SENATOR SKELOS: On the original
21 calendar, on page 4, please call up Calendar
22 Number 1079.
23 ACTING PRESIDENT KUHL: Original
24 calendar, page 24, Secretary will read Calendar
25 Number 1079.
6163
1 THE SECRETARY: Calendar Number
2 1079, by member of the Assembly McEneny,
3 Assembly Print 6872-A, an act to amend the New
4 York State Archives Partnership Trust Act.
5 ACTING PRESIDENT KUHL: Secretary
6 will read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 57.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 Senator Skelos.
16 SENATOR SKELOS: If we could
17 stand at ease again.
18 ACTING PRESIDENT KUHL: Senate
19 will stand at ease for a few moments.
20 (The Senate stood at ease from
21 12:55 to 1:18 p.m.)
22 SENATOR SKELOS: Mr. President.
23 ACTING PRESIDENT NOZZOLIO:
24 Senator Skelos.
25 SENATOR SKELOS: On the original
6164
1 calendar, Calendar Number 54, would you please
2 call up Calendar Number 906, by Senator Farley.
3 ACTING PRESIDENT NOZZOLIO:
4 Secretary -- Calendar Number 906, by Senator
5 Farley. Secretary will read.
6 THE SECRETARY: Calendar Number
7 906, by the Assembly Committee on Rules,
8 Assembly Print 11218-A, an act to amend the
9 Banking Law.
10 ACTING PRESIDENT NOZZOLIO:
11 Senator Skelos? Read the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect January 1st, 1999.
14 ACTING PRESIDENT NOZZOLIO: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 57.
18 ACTING PRESIDENT NOZZOLIO: The
19 bill is passed.
20 SENATOR SKELOS: Excellent job,
21 Mr. President.
22 Senate will stand at ease.
23 ACTING PRESIDENT NOZZOLIO: Stand
24 at ease.
25 (The Senate stood at ease from
6165
1 1:19 to 1:25 p.m.)
2 SENATOR SKELOS: Mr. President.
3 ACTING PRESIDENT KUHL: Senate
4 will come to order. Senators will take their
5 places.
6 SENATOR SKELOS: On the
7 Supplemental Calendar 54A, would you please call
8 up Calendar Number 1645, by Senator Leibell.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the title to Calendar 1645.
11 THE SECRETARY: Calendar Number
12 1645, by Senator Leibell, Senate Print 7287-C,
13 an act to amend the Public Health Law, Public
14 Officers Law and the State Finance Law.
15 SENATOR SKELOS: Mr. President,
16 is there a message at the desk?
17 ACTING PRESIDENT KUHL: There
18 is.
19 SENATOR SKELOS: Move to accept.
20 ACTING PRESIDENT KUHL: Motion to
21 accept the message of necessity on Calendar
22 Number 1645. All those in favor, signify by
23 saying aye.
24 (Response of "Aye.")
25 Opposed nay.
6166
1 (There was no response.)
2 The message is accepted. The
3 bill is before the house. Secretary will read
4 the last section.
5 THE SECRETARY: Section 6. This
6 act shall take effect January 1st, 1999.
7 ACTING PRESIDENT KUHL: Chair
8 recognizes Senator Leibell, to explain his
9 vote.
10 SENATOR LEIBELL: Mr. President,
11 in bill establishes, this legislation, the
12 Spinal Cord Injury Research Trust Fund and
13 Board.
14 First, I'd like to thank Governor
15 Pataki for his tremendous assistance, Senator
16 Bruno, Assemblyman Griffith, our counsel Bob
17 Farley, for a job that's been tremendous in
18 getting this legislation through.
19 This legislation was requested by
20 Paul Richter, who is a New York State Trooper
21 retired who was shot seriously and injured in
22 the line of duty. I'd also like to thank my
23 constituent who I spoke to the other day,
24 Christopher Reeve, who is certainly very well
25 known for his activities in this area.
6167
1 Mr. President, every year 10,000
2 Americans tragically sustain spinal injury.
3 There is now great hope. There is tremendous
4 scientific research in this area. It's the
5 intent of this legislation to further research
6 greatly in this area. This is a tremendous
7 commitment on the part of our state to put some
8 very, very substantial amount of money every
9 year into research.
10 We are all very hopeful and
11 optimistic that, in the not too distant future,
12 there will be found a cure for this terrible
13 injury to spinal cords.
14 This legislation, I believe, is
15 landmark certainly for the Northeast. We hope
16 that it will be a model for our sister states in
17 the region and throughout the country and, as I
18 said, I thank all of those who have been so
19 helpful. This is a great piece of legislation.
20 Thank you, Mr. President.
21 ACTING PRESIDENT KUHL: Senator
22 Volker, to explain his vote.
23 SENATOR VOLKER: Mr. President, I
24 want to compliment Senator Leibell also. I
25 initially, as you know, Senator Leibell I had a
6168
1 problem with this bill, not the intent and all
2 that is wonderful, but initially as I understand
3 this bill it was going to be another surcharge
4 on traffic offenses, and so forth. The problem,
5 so that everybody understands, in my committee
6 there must be 15 or 20 requests for new
7 surcharges on traffic -- on summonses and also
8 on penal -- on crimes.
9 The problem is that, to a certain
10 extent, we already have somewhat of a problem
11 the local justices are telling us it's hard for
12 them to fine anybody because the surcharges are
13 becoming so much that they're eating up a great
14 deal of revenue. This bill, however, does not
15 do that because it takes a part of the revenue
16 that's already in place from -- from a surcharge
17 that's already there.
18 The only reason I point it out is
19 that there is a tendency, I think, on the part
20 of everybody to try to say, well, this is a
21 wonderful thing, so let's -- let's just stick
22 another surcharge on. That's not what's
23 happening here. This is certainly a very noble
24 reason and taking this out of the present
25 surcharge money is fine.
6169
1 The trooper who has been
2 promoting this is a very great fellow who I
3 happen to know, and my compliments to you,
4 Senator Leibell, because I think this is a great
5 bill.
6 I vote yes.
7 ACTING PRESIDENT KUHL: Senator
8 Volker will be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: Ayes 58.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President,
15 on the same calendar, would you lay aside for
16 the day Calendar Number 1662.
17 ACTING PRESIDENT KUHL: Calendar
18 Number 1662 will be laid aside for the day.
19 SENATOR SKELOS: Stand at ease,
20 Mr. President.
21 ACTING PRESIDENT KUHL: The
22 Senate will stand at ease.
23 We do have one substitution,
24 Senator Skelos, before we stand at ease,
25 substitution. Secretary will read the
6170
1 substitution.
2 THE SECRETARY: On page 19,
3 Senator Trunzo moves to discharge from the
4 Committee on Rules Assembly Bill 10684 and
5 substitute it for the identical Senate bill
6 6953.
7 ACTING PRESIDENT KUHL:
8 Substitution is ordered, and the Senate will
9 stand at east.
10 (Senate stood at ease from 1:30
11 to 1:35 p.m.)
12 SENATOR SKELOS: Mr. President.
13 ACTING PRESIDENT KUHL: Senate
14 will come to order.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 on the original Calendar Number 54, would you
18 please call up Calendar Number 699.
19 ACTING PRESIDENT KUHL: On the
20 original calendar, Calendar Number 699, the
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 699, by member of the Assembly Canestrari,
24 Assembly Print 10235, an act to amend the
25 Education Law.
6171
1 ACTING PRESIDENT KUHL: Secretary
2 will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect January 1st, 1999.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 58.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 on the same calendar, would you call up Calendar
14 Number 1160.
15 ACTING PRESIDENT KUHL: Secretary
16 will read Calendar Number 1160.
17 THE SECRETARY: Calendar Number
18 1160, by the Assembly Committee on Rules,
19 Assembly Print 8556-A, an act to amend the
20 Education Law.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first day of
25 September.
6172
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 58.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 SENATOR SKELOS: Is there any
8 housekeeping at the desk?
9 ACTING PRESIDENT KUHL: We're
10 cleaning up here right now.
11 SENATOR LEICHTER: Mr.
12 President.
13 ACTING PRESIDENT KUHL: Senator
14 Leichter, why do you rise?
15 SENATOR LEICHTER: Just one
16 second.
17 ACTING PRESIDENT KUHL: Senator
18 Skelos.
19 SENATOR SKELOS: Please call up
20 Calendar Number 1607 on Calendar Number 54.
21 ACTING PRESIDENT KUHL: Secretary
22 will read Calendar Number 1607.
23 THE SECRETARY: Calendar Number
24 1607, by Senator Larkin, Senate Print 7760, an
25 act to amend the Real Property Tax Law.
6173
1 SENATOR SKELOS: Is there a
2 message at the desk?
3 ACTING PRESIDENT KUHL: There
4 is.
5 SENATOR SKELOS: Move we accept.
6 ACTING PRESIDENT KUHL: Motion is
7 to accept the message of necessity on Calendar
8 Number 1607. All those in favor say aye.
9 (Response of "Aye.")
10 Opposed nay.
11 (There was no response.)
12 The message is accepted. Bill is
13 before the house. Secretary will read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the same date as the
17 chapter.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
6174
1 on the Farley agenda here, would you please call
2 up Calendar Number 903, by Senator Farley.
3 ACTING PRESIDENT KUHL: Secretary
4 will read Calendar Number 903.
5 THE SECRETARY: Calendar Number
6 903, by Senator Farley, Senate Print 5716-A, an
7 act to amend the Banking Law.
8 ACTING PRESIDENT KUHL: Secretary
9 will read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 180th day.
12 SENATOR PATERSON: Explanation,
13 please.
14 ACTING PRESIDENT KUHL: Senator
15 Farley.
16 SENATOR FARLEY: Somebody ask for
17 an explanation?
18 SENATOR GOLD: Everybody.
19 ACTING PRESIDENT KUHL: An
20 explanation of Calendar Number 903 has been
21 requested by the Acting Minority Leader, Senator
22 Paterson.
23 SENATOR FARLEY: Thank you,
24 Senator -- Mr. President, Senator Paterson.
25 This sounds like a rather
6175
1 complicated bill. It is not. It's a bill that
2 would enable licensed budget planners to be
3 organized as for-profit entities rather than
4 only being organized as not-for-profit
5 corporations. These entities would be subject
6 to all of the same requirements which currently
7 apply to licensees such as fingerprinting of
8 applicants, maintaining extensive records,
9 submitting regular reports on their activities,
10 being examined by the Department and having
11 their fees subject to the review and adjustment
12 of the Superintendent of Banks.
13 In addition, the bill adds new
14 provisions to ensure that proper regulations of
15 all the licensed budget planners include, they
16 require them to post a bond; it requires them to
17 enter into written contracts which must contain
18 certain information. It establishes criminal
19 and civil penalty for persons that operate
20 without a license, and it tightens the attorney
21 exemption.
22 We believe that, with appropriate
23 regulation and supervision, for-profit companies
24 can offer budget planning services in a
25 responsible and capable manner with appropriate
6176
1 supervision. For-profit entities operate as
2 budget planners in other states, and New York
3 wanted to become part of this.
4 I'll be frank with you. The -- I
5 believe that the non -- not-for-profit budget
6 planning people oppose this, and what else is
7 new?
8 ACTING PRESIDENT KUHL: Senator
9 Paterson.
10 SENATOR PATERSON: Mr. President,
11 if Senator Farley would yield for a question.
12 SENATOR FARLEY: I'll try.
13 ACTING PRESIDENT KUHL: Senator
14 yields.
15 SENATOR PATERSON: Senator, with
16 the expanded jurisdiction that would apply to
17 for-profit companies, would this not impinge
18 upon the ability of not-for-profits to act in
19 the marketplace?
20 SENATOR FARLEY: It would
21 impinge. Are you asking me would it impinge?
22 SENATOR PATERSON: Well, let me
23 put it this way. I really -- a few weeks ago, I
24 saw a number of bills in opposition from these
25 not-for-profit credit counseling services and
6177
1 the like.
2 SENATOR FARLEY: Yes.
3 SENATOR PATERSON: And maybe the
4 more direct question would just be to ask you
5 are they still in opposition?
6 SENATOR FARLEY: Yes, they are.
7 Yes, they are. To my knowledge, they are.
8 SENATOR PATERSON: Then I'll
9 refer to my first question.
10 SENATOR FARLEY: Yes.
11 SENATOR PATERSON: And ask you
12 what's the basis for their opposition?
13 SENATOR FARLEY: I think the
14 opposition -- I suppose it's territory as so
15 many areas are. They are in a not -- generally
16 speaking, these budget planners are helping
17 people that are having credit problems, and the
18 not-for-profits, I presume from an altruistic
19 point of view say that they're able to help
20 these people on a very low cost basis for free
21 usually, and they -- you don't need this -
22 these for-profit budget planners, that they only
23 take away from -- actually they probably are
24 taking away from the creditors because they
25 arrange the credit allocation usually or the -
6178
1 and they're taking away mostly from the proceeds
2 that would go to -- to the people, but you know,
3 from my point of view, particularly with credit
4 card debt kind of being a serious problem with
5 our society, if the for-profits can succeed and
6 do a good job and they're certainly well
7 regulated, I think that they should be able to
8 enter the free marketplace.
9 ACTING PRESIDENT KUHL:
10 Gentlemen, excuse me just a minute for the
11 interruption.
12 Senator Holland, why do you rise?
13 SENATOR HOLLAND: There will be
14 an immediate meeting of the Rules Committee in
15 Room 332. Last Rules.
16 ACTING PRESIDENT KUHL: Immediate
17 meeting of the Rules Committee, immediate
18 meeting of the Rules Committee in the Majority
19 Conference Room, Room 332. Immediate meeting of
20 the Rules committee in the Majority Conference
21 Room, Room 332.
22 Senator Paterson, you had the
23 floor.
24 SENATOR PATERSON: Yes, Mr.
25 President, if Senator Farley would continue to
6179
1 yield.
2 ACTING PRESIDENT KUHL: Senator
3 Farley.
4 SENATOR FARLEY: Certainly.
5 SENATOR PATERSON: Now that all
6 those people have left, Senator Farley, and just
7 you and me can talk.
8 ACTING PRESIDENT KUHL: I don't
9 know what it was he said, Senator.
10 SENATOR FARLEY: He says it's
11 just you and me.
12 ACTING PRESIDENT KUHL: And
13 thee.
14 SENATOR FARLEY: And thee.
15 SENATOR PATERSON: There are a
16 lot of these not-for-profit types of services
17 have been particularly successful in areas where
18 there's a relatively large credit card debt, and
19 (phone rings) -- hello -- sorry, Mr. President,
20 that was the Office of the Independent Counsel.
21 But I feel that, in these
22 situations, they have not only been able to
23 provide a low cost but they have also been able
24 to bring assurances to people who probably
25 didn't understand the system as well when they
6180
1 got into it, and to some degree I'm not saying
2 they were fraudulently induced but certainly
3 were over-sold on what credit actually does and
4 we had a bill in here the other day where
5 Senator Maziarz wants to limit this kind of
6 application to college students, and I think
7 that's very good actually; but for those who
8 have already been victimized, this has been an
9 avenue of relief for them, and I just wanted to
10 make sure that there would still be some kind of
11 ability on the part of these not-for-profits to
12 actually exist, and I'm a little concerned that
13 the expanded jurisdiction is actually going to
14 run them right out of any -
15 SENATOR FARLEY: Oh, I doubt that
16 very much. From my own perspective, I think
17 that the for-profits would probably have a tough
18 time of it, because the not-for-profits
19 certainly have an advantage. They don't charge,
20 so you know, it's one of those things that,
21 whether you -- it's like the no-load mutual
22 funds and the load mutual funds. They both
23 exist.
24 I think this is a for-profit
25 credit counseling group that wants to get into
6181
1 the marketplace and no one knows whether they'll
2 succeed, but I -- and we have -- I think what we
3 have to be careful of, what this bill does, it
4 provides plenty of safeguards and it -- the
5 Banking Department is going to be looking at
6 them very, very carefully to prevent any
7 concerns that all of us may have.
8 ACTING PRESIDENT KUHL: Secretary
9 will read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 180th day.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes -- ayes 56,
16 nays 2, Senators Connor and Paterson recorded in
17 the negative.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 Senator Holland.
21 SENATOR HOLLAND: Mr. President,
22 on Supplemental Calendar Number 54A, could we
23 take up Bill Number 1647, please.
24 ACTING PRESIDENT KUHL: Secretary
25 will read Calendar Number 1647.
6182
1 THE SECRETARY: In relation to
2 Calendar Number 1647, Senator Connor moves to
3 discharge from the Committee on Rules Assembly
4 bill 11354 and substitute it for the identical
5 Senate Bill 7752.
6 ACTING PRESIDENT KUHL:
7 Substitution is ordered. Secretary will read.
8 THE SECRETARY: Calendar Number
9 1647, by the Assembly Committee on Rules,
10 Assembly Print 11354, an act to amend the Public
11 Authorities Law.
12 ACTING PRESIDENT KUHL: Senator
13 Holland.
14 Secretary will read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 Senator Holland.
25 SENATOR HOLLAND: We'll stand at
6183
1 ease for a couple minutes, sir, please.
2 ACTING PRESIDENT KUHL: Senate
3 will stand at ease.
4 (The Senate stood at ease from
5 1:50 to 1:52 p.m.)
6 ACTING PRESIDENT KUHL: The
7 Senate will come to order. Members find their
8 seats, staff their places.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 on Calendar Number 54, will you please call up
12 Calendar Number 1606, by Senator Cook.
13 THE SECRETARY: On the regular
14 calendar, Calendar Number 54, Secretary will
15 read Calendar Number 1606.
16 THE SECRETARY: Calendar Number
17 1606, by Senator Cook, Senate Print 7759, an act
18 to amend the Real Property Tax Law.
19 ACTING PRESIDENT KUHL: Senator
20 Skelos.
21 SENATOR SKELOS: Is there a
22 message at the desk?
23 ACTING PRESIDENT KUHL: There
24 is.
25 SENATOR SKELOS: Move to accept.
6184
1 ACTING PRESIDENT KUHL: Motion is
2 to accept the message of necessity on Calendar
3 Number 1606. All those in favor signify by
4 saying aye.
5 (Response of "Aye.")
6 Opposed nay.
7 (There was no response.)
8 The message is accepted. Bill is
9 before the house. Secretary will read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 58.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 if we could return to reports of standing
22 committees, I believe there's a report of the
23 Rules Committee at the desk. I'll ask it be
24 read.
25 ACTING PRESIDENT KUHL: We'll
6185
1 return to the order of standing committees.
2 There is a report of the Rules Committee. The
3 Secretary will read.
4 THE SECRETARY: Senator Bruno,
5 from the Committee on Rules, offers up the
6 following bills directly to third reading:
7 Senate Bill 7848, by Senator
8 Balboni, an act to permit the sale or lease of
9 Pond View Homes;
10 7845, by Senator Goodman, an act
11 in relation to creating the Hudson River Park;
12 7846, by Senator Marcellino, an
13 act making appropriations from the Environmental
14 Appropriation Fund;
15 7847, by Senator Seward, an act
16 to amend the Economic Development Law;
17 7408, by Senator Paterson, an act
18 to amend the Public Authorities Law, and
19 1492-A, by Senator Velella, an
20 act to amend Chapter 1976 of the Laws of 1975.
21 All bills directly for third
22 reading.
23 ACTING PRESIDENT KUHL: Senator
24 Skelos.
25 SENATOR SKELOS: Move to accept
6186
1 the report.
2 ACTING PRESIDENT KUHL: Motion is
3 to accept the report of the Rules Committee.
4 All those in favor signify by saying aye.
5 (Response of "Aye.")
6 Opposed nay.
7 (There was no response.)
8 The report is accepted. The bills
9 are ordered directly to third reading.
10 Senator Gonzalez, why do you
11 rise?
12 SENATOR GONZALEZ: Mr. President,
13 may I be recorded in the negative on Calendar
14 Number 903, without objection.
15 ACTING PRESIDENT KUHL: Without
16 objection, hearing no objection, Senator
17 Gonzalez will be recorded in the negative on
18 Calendar Number 903.
19 Senator Seabrook, why do you
20 rise?
21 SENATOR SEABROOK: Yes, I ask
22 unanimous consent to be recorded in the negative
23 on Calendar Number 903.
24 ACTING PRESIDENT KUHL: Without
25 objection, hearing no objection, Senator
6187
1 Seabrook will be recorded in the negative on
2 Calendar Number 903.
3 Senator Rosado, why do you rise?
4 SENATOR ROSADO: Mr. President, I
5 would like to be recorded in the negative on
6 Calendar Number 903.
7 ACTING PRESIDENT KUHL: Without
8 objection, hearing no objection, Senator Rosado
9 will be recorded in the negative on Calendar
10 Number 903.
11 Senator Onorato, why do you rise?
12 SENATOR ONORATO: I would like
13 unanimous consent to be recorded in the negative
14 on Calendar Number 903.
15 ACTING PRESIDENT KUHL: Without
16 objection, hearing no objection, Senator Onorato
17 will be recorded in the negative on Calendar
18 Number 903.
19 Senator Skelos.
20 SENATOR SKELOS: Calendar Number
21 54B, if we could take it up controversial
22 beginning with 1649.
23 ACTING PRESIDENT KUHL: For the
24 benefit of the members on Calendar Number 54B,
25 the Secretary will read the controversial
6188
1 reading beginning with Calendar Number 1649.
2 THE SECRETARY: Calendar Number
3 1649, by Senator Balboni, Senate Print 7848, an
4 act to permit the sale or lease of Pond View
5 Homes.
6 ACTING PRESIDENT KUHL: Senator
7 Skelos.
8 SENATOR SKELOS: Is there a
9 message of necessity at the desk?
10 ACTING PRESIDENT KUHL: There is.
11 SENATOR SKELOS: Move to accept.
12 ACTING PRESIDENT KUHL: Motion is
13 to accept the message of necessity on Calendar
14 Number 1649. All those in favor signify by
15 saying aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response.)
19 The message is accepted.
20 SENATOR SKELOS: Last section.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
6189
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 SENATOR SKELOS: Mr. President,
7 will you call Calendar Number 1650, by Senator
8 Goodman.
9 ACTING PRESIDENT KUHL: Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 1650, by Senator Goodman, Senate Print 7845, an
13 act in relation to creating the Hudson River
14 Park.
15 SENATOR SKELOS: Is there a
16 message at the desk?
17 ACTING PRESIDENT KUHL: There
18 is.
19 SENATOR SKELOS: Move to accept.
20 ACTING PRESIDENT KUHL: Motion is
21 to accept the message of necessity on Calendar
22 Number 1650. All those in favor signify by
23 saying aye.
24 (Response of "Aye.")
25 Opposed nay.
6190
1 (There was no response.)
2 Message is accepted. Bill is
3 before the house. Secretary will read the last
4 section.
5 THE SECRETARY: Section 18. This
6 act shall take effect -
7 SENATOR LEICHTER: Mr. President,
8 may I explain my vote, please.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll. )
12 SENATOR LEICHTER: Yes, Mr.
13 President, my colleagues.
14 ACTING PRESIDENT KUHL: Senator
15 Leichter. Excuse me, Senator Leichter. Senator
16 Leichter, to explain his vote.
17 SENATOR LEICHTER: Yes. Mr.
18 President, my colleagues, this indeed is one of
19 the most significant bills we're passing this
20 session. I think maybe a hundred years from
21 now, of all the actions we've taken, this one
22 will be most cherished by the people of New York
23 State because we're creating a magnificent park
24 along a stretch of the Hudson River in Manhattan
25 where there are now deteriorated piers. We're
6191
1 making that stretch of the river available to
2 the public, that water... wonderful water
3 front.
4 You know, John Kennedy said
5 victory has a thousand fathers, defeat is an
6 orphan, and this victory truly does have a
7 thousand people who truly are the fathers who
8 ought to be thanked for their achievement. I
9 first want to start and thank Senator Goodman
10 who lends his status and persuasiveness and
11 skill to seeing that the bill was passed. I
12 particularly want to thank the Governor. It's
13 obvious to say that it wouldn't have passed
14 without the Governor, but it deserves to be
15 reiterated because the Governor has been such a
16 staunch supporter of the idea that we could
17 create a wonderful public space at this part of
18 the Hudson River waterfront.
19 I thank the Mayor, the Speaker
20 and certainly last but not least, somebody who
21 worked so hard on this, my counterpart
22 Assemblyman Richard Gottfried. We had a lot of
23 contributors, Senator Abate, Assemblyman
24 Stringer and others who worked on it, and I'm
25 really most grateful because we are creating
6192
1 this, what is going to be truly one of the great
2 magnificent parks of the world and will much
3 enhance not only the enjoyment of the river but
4 it will also, I think, be a wonderful magnet to
5 people coming into New York.
6 It will have wonderful economic
7 consequences. I said yesterday that my cup
8 overfloweth, but now it overfloweth in
9 torrents.
10 Thank you. I vote in the
11 affirmative.
12 ACTING PRESIDENT KUHL: Senator
13 Leichter will be recorded in the affirmative.
14 Senator Johnson.
15 SENATOR JOHNSON: Yes, Mr.
16 President.
17 I'd like everyone to know that
18 Senator Leichter and I were together on this
19 issue 14 or so years ago, and he praised a lot
20 of people for helping to make this happen. I
21 think he forgot to praise the striped bass which
22 is the reason we stopped the development
23 initially and the property is there to use
24 today. Congratulations, Franz; you and I were
25 together in the beginning and we're together at
6193
1 the end. It's great.
2 Thank you.
3 ACTING PRESIDENT KUHL: Senator
4 Johnson will be recorded in the affirmative.
5 Senator Goodman, to explain his
6 vote.
7 SENATOR GOODMAN: Mr. President,
8 do you know the old song, East Side, West Side,
9 all around the town? The fact of the matter is
10 that this is an amenity of enormous importance
11 to the entire island of Manhattan and indeed to
12 many people who come to visit Manhattan, and I'd
13 like to tip my hat to Senator Leichter, who has
14 had a consistent and steadfast devotion to this
15 project, and also to Senator Johnson, whose
16 environmental concerns relate to this, and also
17 to say that the Governor has been a driving
18 force behind the development of this legislation
19 and the bringing of it before us today in this
20 house.
21 I don't know that any of you are
22 familiar with the present conditions that exist
23 in the area where this project will exist, but
24 they are unfortunately very bad. They do not do
25 any credit to the city whatsoever, and the
6194
1 bringing on of this great amenity will, I think,
2 transform an area and be consistent with the
3 rebirth and renaissance of New York City in
4 general.
5 Mr. President, I believe strongly
6 that this is an exceedingly fine and worthwhile
7 project, and I'm happy to be its prime sponsor
8 in this house.
9 ACTING PRESIDENT KUHL: Announce
10 the results.
11 THE SECRETARY: Ayes 58.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 Senator Skelos.
15 SENATOR SKELOS: Like to call up
16 Calendar -- I'm sorry.
17 ACTING PRESIDENT KUHL: Senator
18 Stachowski, why do you rise? Senator Stachowski,
19 why do you rise?
20 SENATOR STACHOWSKI: Mr.
21 President, could I have unanimous consent to be
22 recorded in the negative on Calendar 903,
23 please.
24 ACTING PRESIDENT KUHL: Without
25 objection, hearing no objection, Senator
6195
1 Stachowski will be recorded in the negative on
2 Calendar Number 903.
3 Senator Smith, why do you rise?
4 SENATOR SMITH: Mr. President, I
5 request unanimous consent to be recorded in the
6 negative on Calendar Number 903.
7 ACTING PRESIDENT KUHL: Similar
8 request, Senator Breslin?
9 SENATOR BRESLIN: Similar
10 request.
11 ACTING PRESIDENT KUHL: Senator
12 Nanula, similar request?
13 Without objection, hearing no
14 objection, Senators Smith, Breslin and Nanula
15 will be recorded in the negative on Calendar
16 Number 903.
17 Senator Leichter, why do you
18 rise?
19 SENATOR LEICHTER: Mr. President,
20 would you also record me in the negative on
21 Calendar Number 903.
22 ACTING PRESIDENT KUHL: Without
23 objection, Senator Leichter will be recorded in
24 the negative on Calendar Number 903.
25 Secretary will read Calendar
6196
1 Number 1651.
2 THE SECRETARY: Calendar Number
3 1651, by Senator Marcellino, Senate Print 7846,
4 an act making appropriations from the
5 Environmental Protection Fund, in relation to
6 state parks and lands.
7 SENATOR SKELOS: Mr. President,
8 is there a message at the desk?
9 ACTING PRESIDENT KUHL: There
10 is.
11 SENATOR SKELOS: Move to accept.
12 ACTING PRESIDENT KUHL: Motion is
13 to accept the message of necessity on Calendar
14 Number 1651. All those in favor signify by
15 saying aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response.)
19 The message is accepted. Bill is
20 before the house. Secretary will read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
6197
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 58.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Senator Skelos.
6 SENATOR SKELOS: Would you please
7 call up Calendar Number 1663, by Senator
8 Seward.
9 ACTING PRESIDENT KUHL: Secretary
10 will read 1663.
11 THE SECRETARY: Calendar Number
12 1663, by Senator Seward, Senate Print 7847, an
13 act to amend the Economic Development Law and
14 the public authorities law.
15 ACTING PRESIDENT KUHL: Senator
16 Skelos.
17 SENATOR SKELOS: Is there a
18 message at the desk?
19 ACTING PRESIDENT KUHL: There is.
20 SENATOR SKELOS: Move to accept.
21 ACTING PRESIDENT KUHL: Motion is
22 to accept the message of necessity on Calendar
23 Number 1663. All in favor signify by saying
24 aye.
25 (Response of "Aye.")
6198
1 Opposed nay.
2 (There was no response.)
3 Message is accepted. Bill is
4 before the house. Secretary will read the last
5 section.
6 THE SECRETARY: Section 5. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 58.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 Senator Oppenheimer, why do you
15 rise?
16 SENATOR OPPENHEIMER: I'd like
17 unanimous consent to be in the negative on 903.
18 ACTING PRESIDENT KUHL: Senator
19 Gentile, similar request?
20 SENATOR GENTILE: Yes.
21 ACTING PRESIDENT KUHL: Senator
22 Dollinger, similar request?
23 SENATOR GOLD: (Senator Gold
24 raises hand.)
25 ACTING PRESIDENT KUHL: Without
6199
1 objection, hearing no objection, Senators Gold,
2 Oppenheimer, Gentile, and Dollinger will be
3 record in the negative on Calendar Number 903.
4 SENATOR SKELOS: Would you call
5 up Calendar Number 1664, by Senator Paterson.
6 ACTING PRESIDENT KUHL: Secretary
7 will read Calendar Number 1664.
8 THE SECRETARY: Calendar Number
9 1664, by Senator Paterson, Senate Print 7408, an
10 act to amend the Public Authorities Law.
11 SENATOR SKELOS: Mr. President.
12 Mr. President.
13 ACTING PRESIDENT KUHL: Ladies
14 and gentlemen, ladies and gentlemen, may we
15 please have some quiet.
16 SENATOR SKELOS: Mr. President,
17 Senator Paterson is asking for an explanation of
18 his bill.
19 ACTING PRESIDENT KUHL: Would you
20 like to give it to him?
21 Senator Paterson, would you like
22 to ask a question?
23 SENATOR PATERSON: Explanation
24 satisfactory.
25 SENATOR SKELOS: Very good. Last
6200
1 section.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 58.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Senator Skelos. Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 on Calendar Number 54, would you please call up
15 Calendar Number 1168, by Senator LaValle.
16 ACTING PRESIDENT KUHL: On the
17 regular calendar, first calendar today, Calendar
18 Number 54, Secretary will read Calendar Number
19 1168.
20 THE SECRETARY: Calendar Number
21 1168, by Senator LaValle, Senate Print 7134-A,
22 an act to amend the Education Law.
23 ACTING PRESIDENT KUHL: Secretary
24 will read the last section.
25 THE SECRETARY: Section 7. This
6201
1 act shall take effect on the same date as the
2 Chapter.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 58.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 would you please call up Senator -- Calendar
12 1665, by Senator Velella.
13 ACTING PRESIDENT KUHL: Secretary
14 will read Calendar 1665. Members please take
15 their chairs, staff please take their seats.
16 We're going to finish this session before 5:00
17 o'clock.
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 1665, by Senator Velella, Senate Print 1492-A,
21 an act to amend Chapter 576 of the Laws of
22 1975.
23 SENATOR GOLD: Mr. President.
24 ACTING PRESIDENT KUHL: Senator
25 Gold, why do you rise?
6202
1 SENATOR GOLD: Yes. Will Senator
2 Velella yield to just one question?
3 SENATOR VELELLA: Yes, sir.
4 SENATOR GOLD: Senator, I was
5 told that this is the last bill on the last
6 Rules report, that our distinguished leader is
7 on his way in. I've read this bill, it's not
8 that long, and I reread it.
9 Senator, will you please tell me
10 what this has to do with racing?
11 SENATOR VELELLA: Senator, the
12 only thing I can say to that is this may not be
13 the last bill, under that premise. There may be
14 one that the leader is bringing with him and may
15 take out of his pocket in his closing remarks,
16 but then I'm sure you would object to the
17 procedure.
18 However, traditionally, the last
19 bill is a racing bill, and I don't know if our
20 leader has a surprise for us or not.
21 ACTING PRESIDENT KUHL: Senator
22 Stachowski, why do you rise?
23 SENATOR STACHOWSKI: Senator, I
24 just rise to remind the members on this side
25 that last year an identical bill was opposed by
6203
1 Senator Breslin, Senator Connor, Senator
2 Gentile, Senator Hoffmann, Senator Kruger,
3 Senator Montgomery, Senator Sampson, Senator
4 Smith, Senator Stavisky and a few on the other
5 side.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 ACTING PRESIDENT KUHL: Record
14 the negatives. Senator Waldon to re -
15 SENATOR WALDON: No, no.
16 ACTING PRESIDENT KUHL: Record
17 the negatives. Negatives, please raise your
18 hands. A lot of activity in the chamber.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 1665 are
21 Senators Balboni, Breslin, Connor, Fuschillo,
22 Gold, Hannon, Hoffmann, Leichter, Marcellino,
23 Onorato, Paterson, Seabrook, Skelos, Stachowski
24 and Stavisky, also Senator Montgomery. Ayes 43,
25 nays 16.
6204
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Excuse me, also
4 Senator Abate. Ayes 42, nays 17.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 Senator Waldon, why do you rise?
8 SENATOR WALDON: Mr. President,
9 while the chamber was considering Senate 903, I
10 was elsewhere on Senate business. I respectfully
11 request, without objection, unanimous consent to
12 be recorded in the negative on Calendar 903.
13 ACTING PRESIDENT KUHL: Senator
14 Abate, did you want to be recorded negative on
15 Calendar Number 903 likewise. Senator
16 Montgomery also.
17 SENATOR MONTGOMERY: Yes, Mr.
18 President.
19 ACTING PRESIDENT KUHL: Senator
20 Stavisky also?
21 SENATOR STAVISKY: (Negative
22 indication.)
23 ACTING PRESIDENT KUHL: Without
24 objection, hearing no objection, Senators
25 Waldon, Abate, Montgomery and Senator Stavisky
6205
1 will be recorded in the negative on Calendar
2 Number 903.
3 Senator Velella, why do you
4 rise?
5 SENATOR VELELLA: On calendar
6 1658 -
7 ACTING PRESIDENT KUHL: Can there
8 be some quiet in the chamber, please. We're
9 very, very close. We have a couple of crosses
10 we have to take care of. We are very, very
11 close to the end. We can do it a lot quicker and
12 a lot more harmoniously if we have some quiet in
13 the chamber. Please help us out.
14 Senator Velella.
15 SENATOR VELELLA: Mr. President,
16 on Calendar Number 1658, Print Number 7679-A, I
17 was out of the chamber. I would like the record
18 to reflect that had I been in here, I would have
19 voted in the negative.
20 ACTING PRESIDENT KUHL: The
21 record will so reflect.
22 Senator Skelos.
23 SENATOR SKELOS: If we could
24 return to motions and resolutions, please
25 recognize Senator Farley.
6206
1 ACTING PRESIDENT KUHL: Return to
2 motions and resolutions. Chair recognizes
3 Senator Farley.
4 SENATOR FARLEY: Mr. President, I
5 wish to call up Senator Nozzolio's bill, Senate
6 Print 7574.
7 ACTING PRESIDENT KUHL: Secretary
8 will read.
9 THE SECRETARY: By Senator
10 Nozzolio, Senate Bill 7574, an act to amend the
11 Family Court Act.
12 SENATOR FARLEY: I move to
13 reconsider the vote by which this bill was
14 passed, and ask that the bill be restored to
15 third reading.
16 ACTING PRESIDENT KUHL: Secretary
17 will call the roll on reconsideration.
18 (The Secretary called the roll on
19 reconsideration. )
20 ACTING PRESIDENT KUHL: Senator
21 Farley.
22 SENATOR FARLEY: Mr. President, I
23 now offer the following amendments.
24 ACTING PRESIDENT KUHL:
25 Amendments are received.
6207
1 SENATOR FARLEY: And I now move
2 to discharge the Committee on Rules from
3 Assembly Print 294-B and substitute it for
4 Senator Nozzolio's identical bill.
5 ACTING PRESIDENT KUHL: Secretary
6 will read. Substitution is ordered. Secretary
7 will read the title.
8 THE SECRETARY: Calendar Number
9 1268, by member of the Assembly John, Assembly
10 Print 294-B, an act to amend the Family Court
11 Act.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 59.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 Senator Stachowski.
23 SENATOR STACHOWSKI: Mr.
24 President, I wish to call up Senate Print Number
25 7408, by Senator Paterson, which is now at the
6208
1 desk.
2 ACTING PRESIDENT KUHL: Secretary
3 will read.
4 THE SECRETARY: By Senator
5 Paterson, Senate Print 7408, an act to amend the
6 Public Authorities Law.
7 ACTING PRESIDENT KUHL: Senator
8 Stachowski.
9 SENATOR STACHOWSKI: Mr.
10 President, I now move to reconsider the vote by
11 which this bill was passed and ask that the bill
12 be restored to the order of third reading.
13 ACTING PRESIDENT KUHL: Secretary
14 will call the roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 59.
18 ACTING PRESIDENT KUHL: Bill is
19 restored and before the house. Senator
20 Stachowski.
21 SENATOR STACHOWSKI: Mr.
22 President, I now move to to discharge from the
23 Committee on Rules Assembly Print Number 8826
24 and substitute it for the identical bill.
25 ACTING PRESIDENT KUHL:
6209
1 Substitution is ordered. Secretary will read
2 the title.
3 THE SECRETARY: Calendar Number
4 1664, by member of the Assembly Wright, Assembly
5 Bill 8826, an act to amend the Public
6 Authorities Law.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 59.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 SENATOR SKELOS: Mr. President.
18 ACTING PRESIDENT KUHL: Senator
19 Skelos.
20 SENATOR SKELOS: Calendar Number
21 1268, move to reconsider the vote by which it
22 passed.
23 ACTING PRESIDENT KUHL: Secretary
24 will read the title to Calendar Number 1628,
25 right? 1268, excuse me.
6210
1 THE SECRETARY: Calendar Number
2 1268, by member of the Assembly John, an act to
3 amend the Family Court Act.
4 SENATOR SKELOS: Lay the bill
5 aside.
6 ACTING PRESIDENT KUHL: Motion is
7 to reconsider the vote by which the bill passed
8 the house.
9 Secretary will call the roll on
10 reconsideration.
11 (The Secretary called the roll on
12 reconsideration.)
13 THE SECRETARY: Ayes 59.
14 SENATOR SKELOS: Lay the bill
15 aside.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside.
18 Bill is laid aside.
19 SENATOR SKELOS: Mr. President,
20 Senator Bruno wants to know, does anybody want
21 one more bill?
22 SENATOR BRUNO: Fine, thank you.
23 Thank you, Senator Skelos. Well, we do have one
24 more bill. We have one more bill.
25 SENATOR SKELOS: We have one more
6211
1 bill.
2 SENATOR BRUNO: I think I'll
3 excuse myself, Mr. President.
4 ACTING PRESIDENT KUHL: Senate
5 will come to order.
6 SENATOR BRUNO: Can we at this
7 time return to messages from the Assembly.
8 ACTING PRESIDENT KUHL: Return to
9 the special order of messages from the
10 Assembly. I'll hand the message down. Ask the
11 Secretary to read.
12 THE SECRETARY: The Assembly
13 sends for concurrence the following bill:
14 Assembly Bill Number 11352, by the Assembly
15 Committee on Rules, an act to amend the General
16 Municipal Law.
17 ACTING PRESIDENT KUHL: Secretary
18 will read. Last section.
19 SENATOR DOLLINGER: What is this
20 bill?
21 SENATOR PATERSON: Explanation.
22 SENATOR DOLLINGER: Can we have
23 an explanation? What is this bill?
24 ACTING PRESIDENT KUHL: Senator
25 Hoffmann, why do you rise?
6212
1 SENATOR HOFFMANN: Mr. President,
2 with all due respect to the Assembly Committee
3 on Rules, there are a number of members, on this
4 side of the aisle anyway, who are not speed
5 readers, and the 12 pages of this bill in very
6 fine print are somewhat difficult to comprehend,
7 and speaking for several other members over
8 here, we would request an explanation in some
9 detail.
10 ACTING PRESIDENT KUHL: Excuse
11 me. Excuse me. Senator Bruno.
12 SENATOR HOFFMANN: Thank you.
13 SENATOR BRUNO: Mr. President,
14 lay it aside. All right? If you would like not
15 to have this done, be my guest.
16 ACTING PRESIDENT KUHL: Senator
17 Bruno.
18 SENATOR BRUNO: All right?
19 That's fine, fine, fine! We're just so
20 congenial and together here this afternoon, I
21 can hardly stand it, Mr. President.
22 Thank you.
23 ACTING PRESIDENT KUHL: Chair
24 recognizes Senator Bruno.
25 (Pause)
6213
1 ACTING PRESIDENT KUHL: Senate
2 will come to order.
3 At this time, the Chair would
4 recognize Senator Connor for closing remarks.
5 SENATOR CONNOR: Thank you, Mr.
6 President.
7 I'll be brief, although it's a
8 pleasant task to see the session come to a
9 close, and know that I'll be able to use the
10 sunglasses I put in my pocket today because it's
11 still daylight.
12 It's been an interesting
13 session. This is the earliest close of session
14 I can really remember. Actually this week was
15 the last week of session nine years ago; the
16 19th of June was the next last day of the end of
17 session. I know that because it's my son's
18 ninth birthday today, so I'm glad to get out of
19 here and get home, and he was born on the next
20 last day of session, and I think that was
21 probably the earliest, nine years ago, the
22 earliest we've ever concluded session, and it's
23 a wonderful start that we this year finished the
24 calendar not staying around Albany weeks more.
25 I don't think it would be -- you know, and I
6214
1 leave it to others to judge how productive we
2 have or haven't been -- but I don't know that
3 hanging around here for a few more weeks would
4 change that judgment.
5 It's been an interesting session
6 -- and I will be brief -- but certainly we've
7 seen an important start in the changes in the
8 budget process, a more open process which
9 resulted in a budget, whether you were pleased
10 or displeased with the final result in view of
11 the vetos which in many cases did appear to
12 people to be somewhat politically motivated,
13 somewhat of a lashing out. We now have a new
14 process, and I don't think we'll ever be able to
15 go back on that and everyone from their
16 different partisan viewpoints, their
17 disappointments, appreciation for what they got
18 or didn't get in the budget, knows where to
19 assess the blame. Maybe it's us; maybe it's the
20 other house; maybe it's the Governor, but people
21 have a lot more information as we go to the
22 polls this year.
23 Certainly, in my role as Minority
24 Leader, I can't do it without a very, very
25 strong right arm and that's Senator David
6215
1 Paterson, who day in and day out leads our
2 Conference on the floor with grace, wit and
3 wisdom, and I am grateful to him for doing
4 that.
5 The other, my other strong arm
6 and supporting the work of this Conference deals
7 with the budget, someone who we had a lot to say
8 about yesterday but once again, Manny, thank you
9 for everything, Senator Manny Gold, ranking on
10 Finance. Senator Bill Stachowski fills in in so
11 many ways in the Rules Committee and on the
12 floor as the Assistant Minority Leader, and our
13 Conference is so ably chaired by Senator Olga
14 Mendez.
15 To the others who are in
16 leadership, and I'm -- I don't know whether to
17 name you all and go around, but I guess I got to
18 keep this brief, right, Senator? But I thank all
19 of you. I thank all of my colleagues for my
20 support.
21 I thank Senator Bruno for his
22 leadership, his friendship, his courtesies. I
23 think, Senator, if I may say, in these past
24 years -- and we've commented on this before -
25 sometimes we've gotten a little too partisan in
6216
1 our battles on the floor, I mean generally, our
2 colleagues perhaps. I think yesterday we saw
3 how we can actually in the courtesies you
4 extended to two Minority members who have
5 decades of service here, how we can perhaps
6 restore some of the collegiality and cooperation
7 that used to prevail in this chamber, that 20
8 years ago as a freshman Minority Senator got me
9 19 chapters passed. I don't -- you know, and
10 they were all Republican chairmen putting those
11 bills out, O.K.?
12 So, and I think the people were
13 well served when we cooperated that way when we
14 perhaps reached across the aisle and exchanged
15 ideas informally as well as on the floor much
16 more. It is an election year though, so the
17 election battles ought to be fought in the
18 districts a couple months before the election.
19 They shouldn't be two years of trench warfare on
20 the floor of the Senate. I subscribe to that,
21 and I think we ought to restore that
22 attitude.
23 To my colleagues on this side of
24 the aisle who are not running for reelection,
25 Senator Gold, Senator Leichter and also Senator
6217
1 Abate, I wish you well in all of your future
2 endeavors. To those who are running for
3 reelection, I wish you a win.
4 To my colleagues on the other
5 side of the aisle, I don't wish you ill; I hope
6 you -- I don't wish you win -- place or show,
7 but I hope -- and I'll be very happy. But I do
8 thank you all and Senator Bruno for the
9 leadership.
10 We're only as good as all the
11 staff in the house, and I thank all the staff as
12 well as the Minority, particularly my counsel
13 Michael Boxley, who has done a phenomenal job on
14 behalf of the Senate Democrats; John Ewashko,
15 who was our Secretary to Minority Finance, and
16 we all learned on this side of the aisle at a
17 little party we had the other night that he's
18 quite an accomplished artist, quite an
19 accomplished musician. It's no surprise,
20 though, that we observed in his work here that
21 he does everything he does very, very well and
22 with a great deal of intensity and dedication.
23 To Peter Slocum, my press
24 secretary and policy advisor; to Merci Miglino,
25 my director of communication services, to
6218
1 someone who is not here and I urge all of you,
2 many of you know her -- she served as a staff
3 member in the other house, then as a staff
4 member here, then as a member of the other
5 house, and then as my staff member -- Eileen
6 Hickey, she's been ill these past few months.
7 I'm sure she would appreciate your cards and
8 notes and, more importantly, your prayers that
9 she prevail in a courageous battle she's
10 fighting for her health and, of course, to Amy
11 Solomon, Mona DeMay, Jeff Korman, my thanks for
12 your dedicated efforts. I couldn't do it
13 without all of you.
14 Also to Senator Skelos, the
15 Deputy Majority Leader who is so cooperative and
16 able in interaction with the members of this
17 Conference day in and day out.
18 Mr. President, I look forward to
19 this summer, and I look forward to a good
20 portion of us returning next January, and maybe
21 some new faces as well.
22 Thank you very much.
23 ACTING PRESIDENT KUHL: Chair
24 recognizes Senator Bruno.
25 SENATOR BRUNO: Thank you, Mr.
6219
1 President, and thank you very much, Senator
2 Connor, for your excellent closing remarks and
3 very appropriate in most ways.
4 One of the things, Mr. President,
5 that we're going to quickly review is that Marty
6 got 19 bills in his first year. I didn't get 19
7 bills this year, and that is a problem. Thank
8 you. Thank you.
9 You know, and Marty comments, and
10 thank you, we are here in the middle of the
11 day. It is daylight, quarter of three, and we
12 are winding up this session for the year '98,
13 and we are doing it about 48 days earlier than
14 we wound up last year's session, and last year's
15 session set a record in terms of late budgets
16 and longevity in session.
17 We have this year, in a
18 remarkable timetable, accomplished some truly
19 outstanding things and we did that together. My
20 colleagues here, my colleagues on this side of
21 the aisle who always made some contribution in
22 some way to effect the process hopefully in a
23 positive way, and we did do, Mr. President, my
24 colleagues, we know the first time ever in the
25 history of this state, a budget with almost
6220
1 every member of the Legislature involved in a
2 public forum, and we put together a budget in an
3 open public way with open discussion. First
4 time ever, and never again in this state will a
5 budget for the people of New York be put
6 together behind closed doors. So that's
7 something that all of us can be proud of.
8 Did we learn something from the
9 process? Absolutely. Will we improve it going
10 forward? We certainly will; but it was an
11 accomplishment that all of us can be proud of
12 because the people of this state are the
13 beneficiaries.
14 We did a lot of other good
15 things. In the budget, we passed a record
16 school aid increase, 850 million. Why? Because
17 it's a priority here in the Legislature,
18 priority of the Governor's, to educate our young
19 people. 743 million in tax cuts, business tax
20 cuts, on top of about 13 billion previously
21 enacted by this Legislature in partners with our
22 Governor, to create jobs, stimulate the economy
23 and turn New York State around and make us more
24 competitive. That, again, is something that we
25 can be proud of.
6221
1 We accelerated the STAR program.
2 About a half a billion dollars worth for seniors
3 to keep on their real property taxes. Again a
4 Governor's program. We accelerated it. This
5 year seniors have that much more money that they
6 can spend to enhance their quality of life and
7 the way they live. We have increases TAP -
8 tuition assistance -- for young people to help
9 them get a better education and be more
10 productive.
11 A number of legislative things we
12 did like pension supplementation, that a lot of
13 people feel was overdue. We did that, and it is
14 now law. We did the external review for managed
15 care and the experimental approach giving people
16 an opportunity to get the proper medical
17 attention that people should get here in this
18 state.
19 The child health care initiative,
20 increasing health insurance for young people.
21 Again, we in the Legislature with the Governor
22 did that and that was hard, a difficult thing to
23 do. That will be law very, very shortly, and
24 tens of thousands of young people and families
25 will benefit.
6222
1 We reformed the unemployment
2 insurance laws of this state together. That is
3 going to accrue by the hundreds of millions of
4 dollars worth of benefit for people of this
5 state, lowering the cost of doing business,
6 helping us be more competitive with other
7 states.
8 We did the HIV notification
9 bill. That was a hard thing to do. People feel
10 very strongly. That is done, and again we did
11 that together.
12 And we expanded a lot of what was
13 necessary to ensure that our environment stayed
14 clean and neat for ourselves and for our
15 children and our grandchildren and we did that.
16 Now, there are some things that
17 we didn't do and, like any good things, there
18 are always ways that you can look back and wish
19 that you had been more successful. One of the
20 most disappointing things is that we do not have
21 a Jenna's Law that is going to be signed, at
22 least not now. The Assembly will stay in
23 session, I understand, for a few hours behind
24 us, and they may see fit to pass a bill that we
25 passed for the second time just a couple of days
6223
1 ago, and that was an attempt to meet the
2 Assembly at least halfway towards a bill that
3 they had passed that had put a lot of things in
4 our original Jenna's Law bill, and by the way, I
5 want to comment here that the Jenna's Law that
6 we passed is a bill that was done in this
7 chamber, I think, four years ago the first time,
8 and we've had four years to reconcile any
9 differences with the other house and we haven't
10 been able to. That's a great disappointment,
11 but we are going to continue to try and get
12 something done that can be signed into law
13 because we all believe that violent felons
14 should get sentenced if they're convicted and
15 stay in jail until they serve their term so that
16 they're not back out on the street killing
17 people like Jenna.
18 We failed so far to get a compact
19 bill for the dairy industry which is critically
20 important to the people of New York State. That
21 hasn't happened. But we're going to continue.
22 We're going to continue with some of the
23 juvenile justice reform bills, school violence
24 that didn't happen. We're going to continue and
25 those will be the struggles that we'll work on
6224
1 together, and we'll get there and we'll get
2 there when we are back together.
3 All of the things we did do, we
4 can be proud of. We'll go back to our
5 districts. We're going to face a constituency.
6 We're going to have elections in November, and
7 the public will make their choices and we'll be
8 back here together, but all the good things we
9 did, we did together. We did them with the
10 Speaker and the Assembly, those that are going
11 to the Governor to get signed into law, and I'm
12 indebted to the Speaker and the Assembly for
13 their partnership.
14 We're especially indebted to the
15 Governor for his leadership in the initiatives
16 with the budget, with the budget reform, with
17 the tax cuts, with all of the things that are
18 part of the laws of this state -- this Governor
19 who has helped turn this state around in three
20 and a half years in a way that most people
21 thought was impossible, and we're proud to have
22 partnered with this Governor to move this state
23 forward, so that everyone in this state enjoys
24 an improved quality of life.
25 A lot of people here help us get
6225
1 the job done because we couldn't function
2 without the back-up -- I couldn't -- that I get
3 and I start with -- and I can say to each and
4 every one of you, thank you. Everyone that's
5 standing here, everyone that's sitting in the
6 chairs, thank you, because you are an integral
7 part of everything that happens to make us
8 effective here in this chamber and in the
9 Legislature:
10 Senator Stafford, who chairs
11 Finance, among other things, who has been a
12 friend for a lot of years, and who carries the
13 burden of doing a lot of what has to get done
14 through that Finance Committee, and I thank you
15 for that, and Senator Skelos, who is the deputy
16 here on the floor, spends a lot of time, a lot
17 of hours, and I know he enjoys his work
18 immensely; all of the good things that take
19 place on this floor, and in all of the positive
20 changes he is the greatest beneficiary and
21 that's why he gets the big bucks that he gets.
22 But, Dean, thank you very, very much for really
23 the excellent way that you relate and handle and
24 manage, and Senator Owen Johnson is here, is one
25 of the senior members as the Assistant President
6226
1 Pro Tem, and, Owen, I thank you for your
2 conscientious help and support and as a mentor;
3 and my senior assistant, to pick out one,
4 Senator Velella who is here also chairing the
5 Insurance Committee, and all the other leaders,
6 and Guy does a lot of extraordinary things like
7 debating -- I don't think, Mr. President, I have
8 to say any more. But thank you, thanks very
9 much, Guy, and the other leaders, you all know
10 who you are, that are here in the chamber. I
11 just say thank you because we couldn't function
12 without you.
13 And the front desk, the Journal
14 Clerks and everyone that's up there who worked
15 diligently day and night and when we leave
16 you're still working. Thank you because when we
17 get here, things are prepared for us to do
18 business and we couldn't do that without you.
19 I have John McArdle, director of
20 communications, who helps us all in terms of our
21 ability to communicate, our Steve Boggess,
22 Secretary to the Senate. I think this is Steve's
23 first year in serving as Secretary to the Senate
24 and we're still here and the place looks
25 admirable and everybody is content and happy and
6227
1 I think that's a direct testimony to Steve's
2 ability to act as Secretary to the Senate, and
3 any of you that have any complaints about
4 anything, see Steve.
5 And Pat Stackrow, Pat is here, my
6 executive assistant that many of you have gotten
7 to know as I have, as a very diligent and very
8 efficient and capable and able person who helps
9 us in terms of what goes on in our daily lives
10 and is a great gatekeeper at times and
11 especially in these last two days, so Pat, thank
12 you very, very much.
13 And for those of you that have
14 been trying to have a conversation with Pat,
15 she's here now. Senator Connor, I -- I just
16 want to say that you commented on the
17 cameraderie here, and that is so true. I think
18 that -- I don't know what the days were like,
19 you know, way back, but I know that today
20 whether we are debating, whether we're arguing,
21 whether it takes place in the same way there is
22 a feeling here of togetherness, and we're
23 together in the chamber now and we're winding
24 up. We respect each other. We admire each
25 other, and we recognize that even though, on
6228
1 occasion, a Senator might get overly zealous,
2 Mr. President, with an "explanation please" and
3 we have to lay a bill aside, that happens
4 sometimes, you know, but Mr. President, we may
5 revisit some of those things and, by the way,
6 with the one piece of legislation, we need a
7 message from the Governor, and we're waiting for
8 that message and you have the privilege of
9 listening to me while we wait.
10 Oh, it's here. It just arrived.
11 Our Finance staff, to finish that
12 all up, we have Abe Lackman; Abe, hopefully, is
13 in the chamber, and Mary Louise Mallick, Lee Van
14 Riper, with all of the things that go on and
15 take place, we wouldn't be functioning as
16 efficiently as we do without them, and our two
17 counsels that are here, Dave Dudley and Ken
18 Riddett, who really have to carry the burden of
19 moving the process and keeping some order for me
20 and with you, that is one difficult job, and for
21 that I want to say again thank you.
22 We've got some Senators with us
23 here that are electing not to be back with us
24 again, and I want to say that Senator Leichter,
25 Senator Abate, and Senator Charlie Cook and -- I
6229
1 can never forget Senator Gold, many times I
2 wished I could, but I certainly could not forget
3 Senator Gold or Senator Leichter. You really,
4 I've got to say very sincerely from my heart
5 that we are going to miss you here in this
6 chamber, and I can say to you that this chamber
7 will never be the same and the debates that take
8 place and the changes that take place, the
9 relationships truly will never be quite the same
10 and I think yesterday you commented, Senator
11 Connor, on some of what went on, and I think
12 that's an indication of the respect that we have
13 here for you in this chamber and the really
14 sincere and strong feeling and, as you go
15 forward in your life, I'm sure that we are going
16 to stay in touch because once you're a Senator,
17 it's never out of your life, you're always a
18 Senator. So we will be talking with you and
19 seeing you and, hopefully, and I only say this
20 in jest, the fact that we're ending 48 days
21 sooner with these changes, we might be 48 days
22 even earlier next year. But you've contributed a
23 great deal and you can be proud of your
24 careers. When you look back on your years and
25 how you affected this process, you all can be
6230
1 very, very proud and we are very proud of you.
2 Charlie Cook, who has carried the
3 burden with the Education Committee and having
4 served as the chair of Agriculture and so many
5 things over the years and represented a district
6 that is extremely difficult in upstate New York,
7 Charlie, thank you for being just so stand-up
8 and stand-out and staying with us for the length
9 of time that you have and wish you good health
10 in all the things you're going to be doing in
11 the future, and I'm going to move -- but I guess
12 Marcia White, my press secretary -- is Marcia
13 here? -- who is usually bugging me about
14 something, and I have to say thank you because
15 you did a press conference and we're going to
16 have the press availability after, and I do
17 appreciate all of the difficult things that
18 Marcia has to do when I am saying things that
19 are totally inappropriate and we're always
20 trying to give it the best spin and that keeps
21 her and others awake during the daytime and
22 that's important.
23 And while you are still awake,
24 and you can't help but stay awake because the
25 sun is shining, I think I'm going to just
6231
1 conclude my remarks by sharing with you that
2 we'll all be -- let me rephrase that. We'll get
3 back together in January, '99, and I want to
4 take this opportunity to be the first to wish
5 you all a very happy Thanksgiving, a Merry
6 Christmas and a Happy New Year.
7 And, Mr. President, can we at
8 this time call down Assembly handdown 11352.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the title.
11 THE SECRETARY: Calendar Number
12 1667, by the Assembly Committee on Rules,
13 Assembly Print 11352, an act to amend the
14 General Municipal Law.
15 SENATOR BRUNO: Is there a
16 message at the desk, Mr. President?
17 ACTING PRESIDENT KUHL: There
18 is. The motion is to accept the message -
19 SENATOR BRUNO: Move we accept
20 the message.
21 ACTING PRESIDENT KUHL: -- on
22 1667 which is at the desk. All those in favor
23 signify by saying aye.
24 (Response of "Aye.")
25 Opposed nay.
6232
1 (There was no response.)
2 The message is accepted. Bill is
3 before the house. The Secretary will read the
4 last section.
5 THE SECRETARY: Section 8. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 59.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 Senator Bruno.
14 SENATOR BRUNO: Mr. President, at
15 this time, I would like to ask that we recommit
16 all the bills that are on the floor back to the
17 Rules Committee.
18 ACTING PRESIDENT KUHL: Bills are
19 recommitted.
20 SENATOR BRUNO: And we are -- Mr.
21 President, we're at the moment where we're going
22 to adjourn, but I wanted to adjourn and just
23 recognize one of our most distinguished Senators
24 who has served, I believe, in the Legislature
25 longer than any living person, Senator John
6233
1 Marchi.
2 (Applause)
3 SENATOR BRUNO: May I ask, Mr.
4 President, before we adjourn, that our
5 colleagues who won't be here on the floor,
6 Senator Abate, Gold, Leichter and Senator Cook
7 just stand up so that we can just properly
8 recognize them with an ovation also.
9 (Standing ovation)
10 SENATOR BRUNO: And Mr. President
11 I hope all our colleagues are leaving here happy
12 and well and safe, and there being no further
13 business to come before the Senate at this time,
14 I move that we adjourn subject to the call of
15 the Majority Leader.
16 ACTING PRESIDENT KUHL: Without
17 objection, the Senate stands adjourned subject
18 to the call of the Majority Leader.
19 (Whereupon at 3:09 p.m., the
20 Senate adjourned.)
21
22
23
24
25