Regular Session - June 15, 1999
5181
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 15, 1999
11:18 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
5182
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and to join me in reciting the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, I ask everyone to please
bow your heads in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, June 14th, the Senate met pursuant to
adjournment. The Journal of Sunday,
June 13th, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
5183
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President. On behalf of Senator Skelos,
please remove the sponsor star from Calendar
Number 553.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FUSCHILLO: On behalf of
Senator Seward, on page number 24 I offer the
following amendments to Calendar Number 818,
Senate Print Number 2935, and ask that said
bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT MEIER:
Amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Bruno.
SENATOR BRUNO: Are there any
5184
substitutions at the desk, Mr. President?
ACTING PRESIDENT MEIER: Yes,
there are.
SENATOR BRUNO: Can we make the
substitutions.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: On page 29,
Senator Bonacic moves to discharge, from the
Committee on Rules, Assembly Bill 8168 and
substitute it for the identical third reading,
912.
On page 43, Senator Nozzolio moves
to discharge, from the Committee on Rules,
Assembly Bill 2611 and substitute it for the
identical third reading, 1365.
On page 43, Senator Fuschillo moves
to discharge, from the Committee on Children
and Families, Assembly Bill 1961 and
substitute it for the identical third reading,
1367.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Bruno.
SENATOR BRUNO: Mr. President,
5185
can we at this time adopt the Resolution
Calendar.
ACTING PRESIDENT MEIER: The
motion is to adopt the Resolution Calendar.
All in favor of adopting the Resolution
Calendar signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Bruno.
SENATOR BRUNO: Senator Trunzo
would like to open the Resolution Calendar for
sponsors on Resolution 2028.
ACTING PRESIDENT MEIER: Those
Senators wishing to sponsor Resolution 2028
please inform the desk.
SENATOR BRUNO: Mr. President,
that is Miss New York USA.
ACTING PRESIDENT MEIER: Senator
Bruno, shall we just put everyone on the
resolution unless they inform us otherwise?
SENATOR BRUNO: Yes,
5186
Mr. President.
ACTING PRESIDENT MEIER: That's
what we'll do, then. Inform the desk if you
wish not to be on it.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time do the noncontroversial
reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
98, by Senator Skelos, Senate Print 587B, an
act to amend the Domestic Relations Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
134, by Member of the Assembly Clark, Assembly
Bill 3480, an act to amend the Real Property
Law.
ACTING PRESIDENT MEIER: Read the
last section.
5187
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
282, by Senator Goodman, Senate Print 2453A,
an act to amend the Public Authorities Law and
Chapter 35 of the Laws of 1979.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
289, by Senator LaValle, Senate Print 3024A,
an act to amend the Education Law.
5188
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
298, by Member of the Assembly Vitaliano,
Assembly Print 2332B, an act to amend the
Administrative Code of the City of New York.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5189
328, by Senator Lack, Senate Print 2542A, an
act to amend the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
SENATOR BRUNO: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
339, by Senator Kuhl, Senate Print 1723A, an
act to amend the Agriculture and Markets Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
346, by Senator Lack, Senate Print -
5190
SENATOR BRUNO: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
347, by Senator Lack, Senate Print 3396B, an
act to amend the Surrogates Court Procedure
Act.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
416, by Senator Maltese, Senate Print 2188B,
an act to amend the Penal Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5191
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
452, by Member of the Assembly Marchi,
Assembly Print 7503, an act to amend the
Racing, Pari-Mutuel Wagering and Breeding Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
594, by Senator Volker, Senate Print 2343, an
act to amend the General Municipal Law.
ACTING PRESIDENT MEIER: Read the
last section.
5192
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
602, by Senator Leibell, Senate Print 2991, an
act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
605, by Senator Leibell, Senate Print 3385A,
an act to amend the Retirement and Social
5193
Security Law.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
728, by Senator Larkin, Senate Print 4625A, an
act to amend the General Municipal Law.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
806, by Senator Leibell, Senate Print 3155, an
act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
5194
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
846, by Senator Volker, Senate Print 4719A, an
act to amend the General Business Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect April 1st.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
879, by Senator Lack, Senate Print 5141A, an
act to amend the Uniform Commercial Code.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
5195
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
949, by Senator Seward, Senate Print 4536, an
act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
962, by Senator Stafford, Senate Print 5160A,
an act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5196
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
979, by Member of the Assembly Seminerio,
Assembly Print 680, an act to amend the Parks,
Recreation and Historic Preservation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1001, by Senator Spano, Senate Print 4468, an
act to amend the Labor Law and the Public
Officers Law.
ACTING PRESIDENT MEIER: Read the
5197
last section.
THE SECRETARY: Section 7. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1003, by Senator Skelos, Senate Print 5275B,
an act to amend the Workers' Compensation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1049, by Senator Bonacic, Senate Print 3908B,
5198
an act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1059, by Senator Johnson, Senate Print 3121A,
an act to enact the Student Bill of Rights.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1162, by Senator Rath, Senate Print 5258A, an
act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section. I'm sorry, there is a home rule
message at the desk.
Read the last section.
THE SECRETARY: Section 9. This
5199
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1197, by Senator Volker, Senate Print 5604, an
act to amend the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1295 -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
5200
THE SECRETARY: Calendar Number
1322, by Senator Johnson, Senate Print 2000B,
an act to amend the Transportation Law and the
State Finance Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1329, by Senator Hannon, Senate Print 3870A,
an act to amend the General Business Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1334, by Senator Marchi, Senate Print 4459, an
act to amend the Not-for-Profit Corporation
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
5201
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1335, by Senator Spano, Senate Print 4467A, an
act to amend the Labor Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1339, by Senator Padavan, Senate Print 5134A,
an act to authorize the Commissioner of
General Services to sell.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1340, by Senator LaValle, Senate Print 5225,
an act to amend the Town Law.
ACTING PRESIDENT MEIER: There is
5202
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1341, by Member of the Assembly Parment,
Assembly Print 7371, an act to amend the
Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5203
1342, by Senator Leibell, Senate Print 5484B,
an act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1343, by Senator Padavan, Senate Print 5701,
an act to amend the General City Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 17. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
5204
THE SECRETARY: Calendar Number
1344, by Senator Hannon, Senate Print 5712, an
act to amend the New York State Medical Care
Facilities Finance Agency Act.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1345, by Senator Larkin, Senate Print 5734, an
act to amend the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
5205
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1347, by Senator Marchi, Senate Print 5746, an
act to amend the Navigation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1348, by Senator Larkin, Senate Print 5748, an
act to provide for the enrollment of certain
deputy sheriffs.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5206
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1349, by Senator Rath, Senate Print 5753, an
act to amend Chapter 118 of the Laws of 1893.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1350, by Senator Meier, Senate Print 5776, an
act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
5207
bill aside.
THE SECRETARY: Calendar Number
1351, by Senator Skelos, Senate Print 5777A,
an act to amend Chapter 582 of the Laws of
1998.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1352, by Senator Lack, Senate Print 5790, an
act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5208
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1353, by Senator Nozzolio, Senate Print 5807,
an act in relation to authorizing the Town of
Webster.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1354, by Senator Morahan, Senate Print 5819,
an act authorizing the reopening of the
twenty-year retirement plan.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
5209
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1355, by Senator Nozzolio, Senate Print 5824,
an act authorizing the State University of New
York to lease and contract.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1356, substituted earlier today by Member of
the Assembly Diaz, Assembly Print 6909A, an
act to amend the Education Law.
5210
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1357, by Senator Marcellino, Senate Print
5878, an act to amend Chapter 548 of the Laws
of 1995.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5211
1358, by Senator Bruno, Senate Print 5903, an
act to allow Joann Reimann to receive
retirement service credit.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1359, by Senator Nozzolio, Senate Print
5911 -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1361, by Senator Padavan, Senate Print
1048A -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
5212
THE SECRETARY: Calendar Number
1362, by Senator Marcellino, Senate Print
1324A, an act to amend the Tax Law.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of the
sales tax quarterly period.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1363, Senate Print 1463A, by Senator Hevesi,
an act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5213
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1364, by Senator Farley, Senate Print 1539, an
act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect April 1st.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1365, by Member of the Assembly Fessenden,
Assembly Print 2611, an act to amend the
Highway Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5214
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1366, by Senator Kuhl, Senate Print 2731, an
act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect January 1st.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1367, substituted earlier today by Member of
the Assembly Sweeney, Assembly Print 1961, an
act to amend the Domestic Relations Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
5215
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1368, by Senator Maziarz, Senate Print 5690,
an act to amend the Town Law.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1369, by Senator Spano, Senate Print 5735A, an
act to amend the Labor Law.
ACTING PRESIDENT MEIER: Read the
5216
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
SENATOR ONORATO: Lay it aside.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1370, by Senator Maltese, Senate Print 5742A,
an act to amend Chapter 164 of the Laws of
1907.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR ONORATO: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1371, by Senator Larkin, Senate Print 5759, an
act to permit the sale or lease of -
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
5217
THE SECRETARY: Calendar Number
1372, by Senator Morahan, Senate Print 5794,
an act authorizing the Commissioner of General
Services to lease certain lands.
SENATOR MORAHAN: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1373, by Senator Meier, Senate Print 5837, an
act to amend the Social Services Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect December 31st.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1374, by Senator Meier, Senate Print 5845, an
act to amend Chapter 906 of the Laws of 1984.
ACTING PRESIDENT MEIER: Read the
5218
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I would
like to request unanimous consent to be
recorded in the negative on Calendar Number
1001, Senate Print 4468.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative on Calendar 1001.
Senator Bruno, that completes the
reading of the noncontroversial calendar.
SENATOR BRUNO: The Senate will
stand at ease for a few moments,
Mr. President.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
5219
ease at 11:40 a.m.)
(Whereupon, the Senate reconvened
at 11:50 a.m.)
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you. Can
we go to the controversial reading of the
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
98, by Senator Skelos, Senate Print 587B, an
act to amend the Domestic Relations Law, the
Family Court Act, and the Judiciary Law.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested of
Calendar 98 by Senator Duane.
SENATOR SKELOS: Thank you,
Mr. President.
This bill, which is being
introduced at the request of the Office of
Court Administration, would create a statewide
5220
program to permit trial judges to provide
parents with proper information and education
early in a parent's separation in order to
ease the impact upon their children. A board
will be established to establish curricula for
parental education and awareness programs, to
certify such programs, and to assure their
continuing quality and effectiveness.
A bill very similar to this passed
last year noncontroversial.
SENATOR DUANE: Madam President,
would the -
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. Would the sponsor yield to a
couple of questions?
THE PRESIDENT: Senator Skelos,
do you yield?
SENATOR SKELOS: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Duane, with a couple of questions.
SENATOR DUANE: Thank you.
I'd like to preface my questions by
saying I am pleased to note that the bill has
5221
removed this requirement from victims of
domestic violence. I think that that's a
very -- a very good addition to the bill.
I do think the bill could encompass
some other areas. And I wanted to ask the
sponsor, is it not true that in addition to
the actual divorce, that oftentimes it's the
poverty and the financial hardships that also
have a negative impact on the children in the
family?
SENATOR SKELOS: I couldn't hear
your question.
SENATOR DUANE: Isn't it also
true that in addition to the actual divorce
proceedings and the divorce that the poverty
that comes as a result of divorce to the
family, or the oftentimes much lessened
wherewithal of the family, is problematic?
SENATOR SKELOS: Well, whenever
there's a divorce, there is an impact on a
family's finances. There's no question about
that.
SENATOR DUANE: Is that not
something that should be discussed as part of
the training as well so that in most cases,
5222
though not all cases, but in most cases it's
the lack of income from the father to the
mother, if she retains custody, that causes
some of that hardship, and that hardship
should be -- and that should be part of the
curriculum as well?
SENATOR SKELOS: Really, the
purpose for this is to sensitize parents as to
the effects of a separation, a divorce, the
impact that this can have on their children.
Broad discretion is given to the board to
establish a curriculum that will educate the
parents or make them fully aware of the
potential impact that this has on the
children. And certainly finances can be one
of those concerns.
SENATOR DUANE: Through you,
Madam President.
THE PRESIDENT: Senator Skelos,
do you continue to yield?
SENATOR SKELOS: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: With all due
5223
respect to the bill, actually it's not clear
that that's one of the things that could be
happening as part of the curriculum of what
happens.
And I'd like to raise another area
of concern too; again, mostly in the case of
when the mother retains custody of the
children or has the preponderance of the
custody of children. The bill doesn't speak
to the additional demands placed upon a single
parent in terms of if that parent then has to
go to work, if they haven't been working
previously, child care, transportation to
child care, to work, the hours of work, how it
is that the children are taken care of. Those
areas are also not included in the parameters
of what needs to be covered.
Do you not also think that these
are important areas which should be covered
when you look at the totality of the impact of
a divorce on a family?
SENATOR SKELOS: I think, Senator
Duane -- and you do raise a good concern. But
the board has the discretion. And the people
that will be on this board have personally
5224
been involved, whether it's a Supreme Court
judge, a Family Court judge -- who would have
to be appointed by the chief judge. That
would be their two appointments.
The type of people that we're
recommending be on the board deal in
matrimonial proceedings, have seen the impact
upon children. And certainly all of the
issues that you raised I believe would be part
of a curriculum that they would develop as
part of this parental education program.
SENATOR DUANE: Another question,
through you, Madam President, if the sponsor
will yield.
THE PRESIDENT: Senator Skelos,
do you continue to yield?
SENATOR SKELOS: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Duane. You have an additional question.
SENATOR DUANE: In addition to
the areas that I raised -- which again, I have
concerns, because there is no clarity about
how it is that those areas would be covered -
can you not also see that the time demands on
5225
a newly single parent could be problematic?
And though different than for the victim of
domestic violence, still an additional time
constraint of these courses on a parent who's
newly a single parent might be an additional
difficult burden in addition to the actual
divorce and what's happened. And should that
not be something that's taken into account in
the legislation?
SENATOR SKELOS: Nobody is
required to go into the program unless a judge
wants them to go in the program. And where
you have issues of domestic violence, they
would not be required by the judge to attend
these types of programs.
SENATOR DUANE: Through you,
Madam President, another question on that
point.
THE PRESIDENT: Senator Skelos,
do you continue to yield?
SENATOR SKELOS: Yes.
THE PRESIDENT: Go ahead, Senator
Duane, you have an additional question.
SENATOR DUANE: If indeed the
judge requires it, then the parent is required
5226
to participate. And sadly, that could even be
used as a reason why a mother would be decided
not to be the best custodial parent, because
of this additional time constraint, in
addition to the other burdens that fall on a
newly single parent of perhaps getting a job,
finding child care, transportation to and
from, and the general economic hardships -- in
some cases, not just one job but two jobs to
keep the family supported.
And so in a case the judge mandates
this course could be additionally burdensome,
don't you think, Senator?
SENATOR SKELOS: Through you,
Madam President, if I may respond.
We in matrimonial actions give
great discretion to judges who handle these
matters. And certainly I think this is one of
the things that a judge can consider and why,
in our amendment, we withdrew the mandatory
aspect of the program that every person going
through a matrimonial action that had children
would have to attend these types of programs.
SENATOR DUANE: Thank you.
Madam President, on the bill.
5227
THE PRESIDENT: Go ahead, Senator
Duane, on the bill.
SENATOR DUANE: Though I
absolutely see the good reason for a piece of
legislation like this, I think that we need
some further clarification, particularly in
terms of what the curriculum would be, what -
who would be required to go, what
circumstances might excuse a parent from all
or part of the curriculum.
I can't remember whether I've said
this before, but there's -- if there was a
more uniform curriculum for this training or
this course, I would feel better about it.
But I -- I think that -- that we need to make
sure that the curriculum, in addition to
things that we've kind of vaguely talked about
here, should also include, for both a mother
and a father, the hardship which incurs from a
divorce, particularly the financial hardship,
how it is that that will be compensated for in
a family.
So while I think that this bill is
heading in the right direction, I still don't
think that it's there or as inclusive and as
5228
honed as it needs to be, and I'm going to urge
my colleagues to vote no.
Thank you, Madam President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Skelos would yield for a
question.
THE PRESIDENT: Senator Skelos,
will you yield?
SENATOR SKELOS: Yup.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Senator, I
think this is an excellent bill. I think that
people are often more concerned with their own
issues in matrimonials and minimize the damage
that it does to young people in the particular
situation.
And I just had one question as a
matter of -- just a technical question. And
that is, when the victim of domestic violence
is restricted or does not have to attend these
sessions, how does the court determine that
there was domestic violence? Through
evidence, or just a unilateral determination
5229
on the part of the judge?
SENATOR SKELOS: There's evidence
of domestic violence.
SENATOR PATERSON: Okay. Thank
you, Senator.
Madam President, on the bill.
THE PRESIDENT: Go ahead, Senator
Paterson, on the bill.
SENATOR PATERSON: I think that
you cannot draft into legislation all the
problems that can occur in life. I think this
is a good bill. There will obviously be
complications, because human beings are
involved at a very sensitive time of their
lives. I read a statistic once that
20 percent of males who were willing -- there
were only 20 percent of males who were willing
to go to counseling with their wives before a
matrimonial action, but that after the
matrimonial action, 70 percent wanted to.
And in many respects, this is the
reason that it is a good idea that we have
taken the domestic violence victims out of the
process, because what often happens is that
the -
5230
THE PRESIDENT: If members would
take their conversations out of the chamber,
please.
Go ahead, Senator Paterson.
SENATOR PATERSON: Madam
President, it's that the perpetrators in these
type of situations often use the counseling to
actually torment the victim. And so I'm very
happy to see that Senator Skelos took that
out.
I think that there will be some
addendums to this type of legislation in the
future, but I'm very happy to support the
bill.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
5231
605, by Senator Leibell, Senate Print 3385A,
an act to amend the Retirement and Social
Security Law.
SENATOR DUANE: Explanation.
THE PRESIDENT: Senator Leibell,
Senator Duane has requested an explanation.
SENATOR LEIBELL: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
SENATOR LEIBELL: Senator, this
bill creates a presumption that a Tier 2
police officer and firefighter covered by this
act who is diagnosed with HIV, hepatitis, or
tuberculosis contracted the disease in the
line of duty unless the opposite is proven.
These employees are eligible for a 3/4
disability.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: If the sponsor
would yield to some questions.
THE PRESIDENT: Senator Leibell,
do you yield?
SENATOR LEIBELL: Yes, I do.
THE PRESIDENT: Go ahead, Senator
Duane.
5232
SENATOR DUANE: It's my
understanding that this bill makes the
assumption that a firefighter or a police
officer who has HIV got it in the course of
their duties.
SENATOR LEIBELL: That's correct.
SENATOR DUANE: So are we to
assume that firefighters and police officers
are giving blood transfusions and
breast-feeding and having sex with the people
that they are arresting or saving?
SENATOR LEIBELL: That would be
an incorrect assumption.
SENATOR DUANE: Well, what are we
assuming then, Senator?
SENATOR LEIBELL: In fact, if you
would care to refer to yesterday's record, I
think we've probably been through this drill
before.
SENATOR DUANE: Which is why I
thought we wouldn't have to continue to go
through it, Senator, since it's obviously -
SENATOR LEIBELL: The nature of
the work of these police officers and
firefighters is such -- the close contact
5233
that -- the diseases that are represented in
this bill are close-proximity diseases, and
they would lead one to believe that they were
received and incurred in the course of the
professional conduct of their duties.
SENATOR DUANE: Through you,
Madam President.
THE PRESIDENT: Senator Leibell,
do you continue to yield?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: So, Senator, if
we put in a bill that said that a Senator had
HIV, that they could retire at an early age
and with disability because they're in close
proximity to me?
SENATOR LEIBELL: The nature of
our professional duties, while important, are
quite different from police officers and
firefighters. The nature of our duties do not
require that sort of close contact.
SENATOR DUANE: Again, through
you, Madam President.
5234
THE PRESIDENT: Senator Leibell,
do you continue to yield?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: You have an
additional question, Senator Duane?
SENATOR DUANE: I may have more
than one, Madam President.
What is it exactly about the
professional duties of firefighters and police
officers that make it more likely that they
are going to have the HIV virus transmitted to
them?
SENATOR LEIBELL: Two words.
Close proximity.
SENATOR DUANE: (Touching Senator
Oppenheimer.) If I do this, Senator -
THE PRESIDENT: Senator Duane, do
you have an additional question?
SENATOR DUANE: Like that,
Senator?
THE PRESIDENT: Senator Duane,
please direct all of your questions through
the Chair.
SENATOR DUANE: Madam President,
5235
more precisely than those two words -
THE PRESIDENT: Are you
requesting Senator Leibell to yield?
SENATOR DUANE: Yes, Madam
President, I am.
THE PRESIDENT: Senator Leibell,
do you continue to yield?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: You may proceed
with a question, Senator Duane.
SENATOR DUANE: Close contact
like that?
SENATOR LEIBELL: How would you
describe that contact?
SENATOR DUANE: It's not my bill.
It's your bill, Senator.
SENATOR LEIBELL: No, no. But
you're the one that had the contact.
SENATOR DUANE: This is close
contact -
THE PRESIDENT: Senator Duane,
demonstrations are not allowed on the floor,
sir. If you wish the Senator to yield, you
may ask that question of me.
5236
Do you wish the Senator to yield
for an additional question, Senator?
SENATOR DUANE: Yes, Madam
President.
THE PRESIDENT: Senator Leibell,
do you continue to yield?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Duane, with an additional question.
SENATOR DUANE: I would like the
Senator to more fully describe close contact.
Because I believe I, though it wasn't allowed,
did exemplify close contact.
THE PRESIDENT: If that's your
goal, you should ask the Senator a question.
That has been -
SENATOR DUANE: I would like a -
THE PRESIDENT: Please do not
interrupt me, Senator. If that's what you
wish, you've been authorized to ask a
question.
SENATOR DUANE: Madam President,
I did ask a question. I would like a more
thorough explanation of close contact.
5237
THE PRESIDENT: I don't hear a
question there.
SENATOR DUANE: I'm asking the
Senator to give a more full definition of
close contact.
SENATOR LEIBELL: Madam
President, close contact for these people who
are in emergency services could include
shooting, stabbing, biting, throwing of feces.
Those are the types of things -- not
necessarily all-inclusive, but these are the
types of things that could lead to these
close-contact diseases that are listed in my
bill.
SENATOR DUANE: Through you,
Madam President.
And yet the bill does not call for
any proof -
THE PRESIDENT: Senator Duane -
SENATOR DUANE: -- that any of
those things happened; is that correct,
Senator?
THE PRESIDENT: Senator, when I
use this gavel, I expect you to stop.
Are you asking for time for another
5238
question, sir?
SENATOR DUANE: Yes, Madam
President.
THE PRESIDENT: Or are you on the
bill?
SENATOR DUANE: No, I'm asking
for -
THE PRESIDENT: Well, you did not
follow the correct procedure.
Senator Leibell, will you continue
to yield for an additional question?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Duane. You may proceed.
SENATOR DUANE: And yet your bill
does not call for any proof that any of those
things have happened before it assumes that
HIV was transmitted on the job; is that
correct?
SENATOR LEIBELL: Comparable to
what we debated yesterday and discussed
yesterday, there is a presumption that's
created. It's a presumption in the law. And
we create that presumption here as well as in
5239
some other places in the law because of the
nature of the injuries that can be involved.
It's true not only with HIV, it's
true with tuberculosis and hepatitis.
SENATOR DUANE: Through you,
Madam President. But again, I wanted to ask
the question that -
THE PRESIDENT: All right. Then
you're asking the Senator to yield?
SENATOR DUANE: Yes, I am, Madam
President.
THE PRESIDENT: Senator Leibell,
do you yield for an additional question?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Duane, with an additional question.
SENATOR DUANE: -- that even
though reports are kept on incidents in fire
departments and police departments, there is
no need to show proof that HIV was actually
transmitted in that way in order for one of
these uniformed officers to get the benefits
provided in this bill?
THE PRESIDENT: Senator Duane, do
5240
you have a question?
SENATOR DUANE: That was the
question, Madam President. There was a
question.
THE PRESIDENT: Then it should be
phrased as a question, Senator.
SENATOR DUANE: It requires a yes
or no answer, Madam President. I beg to
differ. It was a question.
THE PRESIDENT: Please repeat the
question, Senator.
SENATOR DUANE: Is it not true
that this bill does not call for any proof
that an incident had taken place even though
fire departments and police departments are
required to keep records as to whether or not
such incidents have taken place?
SENATOR LEIBELL: The presumption
would be what would be sufficient. It's a
rebuttable presumption, but the presumption
would be sufficient.
SENATOR DUANE: Thank you, Madam
President. On the bill.
THE PRESIDENT: Go ahead, Senator
Duane, on the bill.
5241
SENATOR DUANE: I just -- this is
another really terrible attempt to falsify how
it is that HIV is transmitted. This bill is
very poor public policy, and it is absolutely,
completely and totally ridiculous from a
public-health point of view. And I can't
believe that we keep seeing these ridiculous
bills which provide a benefit based on
misinformation on how it is that HIV is
transmitted.
And I really have to call on my
colleagues, out of just basic knowledge about
public health, to vote negative on this bill.
Thank you.
THE PRESIDENT: Read the last -
Senator Paterson.
SENATOR PATERSON: Madam
President, I think that with the frequency,
the comparative frequency with how someone can
acquire the HIV virus, the different types of
ways in which someone can actually acquire it,
the overwhelming number of ways that that
would happen would not be occurring with the
type of contact that is described in this
bill. It would actually happen through the
5242
ways that Senator Duane described.
And so therefore, I find it
difficult to create a presumption of how
someone became infected when in fact it is far
more likely that it would be from other
sources in the cases that it happens.
Regardless of the fact that it would be police
officers or firefighters or anyone else, the
numbers, the facts, just don't bear out this
presumption.
We would certainly want to protect
any health-care worker or police officer or
firefighter that did come in contact with
individuals who, for instance, might have
tuberculosis, which is a highly contagious
disease and can be acquired simply by being
near a person that has it. But in the case of
the HIV virus, maybe ten years ago we might
have thought that, but medical evidence has
pretty much dispelled that notion.
And so therefore, I don't think
that at this point presuming this would do
anything other than raising the level of
expectation of how someone becomes infected
with HIV. And therefore, I would urge a no
5243
vote on this legislation.
Thank you, Madam President.
SENATOR WALDON: Madam President,
to explain my vote.
THE PRESIDENT: Senator Waldon,
to explain your vote.
SENATOR WALDON: Thank you very
much, Madam President.
THE PRESIDENT: Excuse me,
Senator. We haven't taken it up yet.
SENATOR WALDON: I stand
corrected.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect July 29th.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Waldon,
to explain your vote.
SENATOR WALDON: Thank you very
much, Madam President.
I'm supporting this measure. I
think Senator Leibell has done a wonderful
thing. All people in law enforcement are
5244
forced to be modern-day good Samaritans and to
step into the breach in very difficult
situations where others fear to tread. I
think that we have to do as much as we can to
ensure their peace of mind in regard to taking
on whatever the situation. That's why we took
care of the correction officers with the heart
bill that we've done before, with the police
officers with the heart bill.
I think this is in the same
mind-set in terms of what we're doing in terms
of an evolution of our process to protect
those who step into the breach for others who
are in positions of danger. And they are
there as the first arm of defense for our
society. I support this issue. I think
Senator Leibell has done a wonderful thing.
In the affirmative, Madam
President.
THE PRESIDENT: The Secretary
will announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 605 are
Senators Duane, Hevesi, Kruger, Paterson,
Santiago, and Schneiderman. Ayes, 51. Nays,
5245
6.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
806, by Senator Leibell, Senate Print 3155, an
act to amend the Retirement and Social
Security Law.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Leibell,
Senator Paterson has requested an explanation.
SENATOR LEIBELL: Madam
President, this bill amends the Retirement and
Social Security Law in relation to benefit
calculations for members of the New York City
Employees Retirement System and the New York
City Board of Ed retirement system. The bill
intends to ensure that Tier 2 New York City
employees receive a full pension benefit.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
SENATOR PATERSON: Would Senator
Leibell be willing to yield for a question?
THE PRESIDENT: Senator Leibell,
5246
will you yield?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Thank you,
Senator.
Would you please tell us what if
any fiscal impact the city would suffer from
passing this legislation?
SENATOR LEIBELL: The cost of the
legislation has been estimated to be 8½
million dollars in fiscal year '99-2000. And
the cost remains a constant as a percent of
payroll.
SENATOR PATERSON: Thank you,
Senator.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Chapter 49 of the Laws of 1998.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
5247
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1059, by Senator Johnson, Senate Print
3121A -
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
can we stand at ease for just a few moments?
THE PRESIDENT: The Senate will
stand at ease, Senator Bruno.
(Whereupon, the Senate stood at
ease at 12:17 p.m.)
(Whereupon, the Senate reconvened
at 12:18 p.m.)
SENATOR BRUNO: Madam President.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President. We're going to ask for an
immediate meeting of the Rules Committee in
Room 332.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
Room 332.
SENATOR BRUNO: And that will be
followed by a Minority conference.
5248
THE PRESIDENT: That meeting will
be followed by a Minority conference.
SENATOR BRUNO: And we're asking
the Finance Committee to reconvene at
1:00 p.m. in Room 124.
THE PRESIDENT: The Finance
Committee will reconvene at 1:00 p.m. in -
Room 324, Senator?
SENATOR BRUNO: 124.
THE PRESIDENT: 124.
SENATOR BRUNO: And we will
resume session at 1 o'clock, and we will stand
at ease until 1:00.
THE PRESIDENT: And the Senate
stands at ease until 1:00 p.m.
(Whereupon, the Senate stood at
ease at 12:19 p.m.)
(Whereupon, the Senate reconvened
at 1:15 p.m.)
THE PRESIDENT: The Senate will
come to order.
Senator Skelos.
SENATOR SKELOS: Thank you, Madam
President.
We are now going to proceed with
5249
the controversial calendar. And I would ask
all members if they could come into the
chamber, especially if they have one of the
bills to debate.
THE PRESIDENT: Thank you,
Senator.
The Secretary will read.
THE SECRETARY: Calendar Number
1059, by Senator Johnson, Senate Print 3121A,
an act to amend the Student Bill of Rights.
SENATOR SKELOS: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
1295, by Senator Marchi, Senate Print 5589, an
act to amend the Education -
SENATOR SKELOS: Lay that aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
1322, by Senator Johnson, Senate Print 2000B,
an act to amend the Transportation Law and the
State Finance Law, in relation to enacting.
5250
SENATOR BRESLIN: Explanation,
please.
SENATOR SKELOS: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
1329, by Senator Hannon, Senate Print 3870A,
an act to amend the General Business Law, in
relation to awareness.
SENATOR DUANE: Explanation.
THE PRESIDENT: Senator Hannon,
an explanation has been requested by Senator
Duane.
SENATOR HANNON: Yes, Madam
President.
This would require barbers to
undergo certain training in regard to
sterilization and procedures in the practice
of their duties.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Would the sponsor
yield to some questions?
THE PRESIDENT: Senator Hannon,
will you yield for some questions?
5251
SENATOR HANNON: I'll yield to a
question.
THE PRESIDENT: Senator Duane,
you may proceed with a question.
SENATOR DUANE: Well, the most
important question I have, although I -- it
would be my position that clearly members of
the Legislature need education in terms of how
diseases are transmitted.
But my most important question
would be, where is this training going to be
held, what is the course like, who's in charge
of it, how is this training going to be
occurring?
SENATOR HANNON: By reading the
bill, it talks about people who become barbers
will need to have evidence in the form of a
certificate issued by a state-licensed school
of barbering of a successful completion of a
course that has been approved by the State
Education Department concerning the
transmission of contagious diseases and the
proper methods of sanitation and sterilization
to be employed in barber shops.
THE PRESIDENT: Senator Duane, do
5252
you have a question?
SENATOR DUANE: Well, I was told
I only had one.
THE PRESIDENT: Do you wish -
Senator Duane, why do you rise?
SENATOR DUANE: Just because I
happen to be standing. But I -
THE PRESIDENT: All right. Then
read the last section.
SENATOR DUANE: I'd like it for
there to be another question to be answered.
THE PRESIDENT: Are you asking
Senator Hannon to yield for a question,
Senator Duane? That would be the procedure
that I expect you to follow, if that's your
request.
SENATOR DUANE: Thank you, Madam
President. I think I'll just -- I'll leave it
at that one question, because I think it -
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect in 180 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
5253
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1335, by Senator Spano, Senate Print 4467A, an
act to amend the Labor Law, in relation to the
tip allowance.
SENATOR DUANE: Explanation.
THE PRESIDENT: Senator Spano, an
explanation has been requested.
SENATOR SPANO: Thank you, Madam
President.
This bill provides that the cash
wage that's paid to tipped employees shall not
be less than $2.90 an hour. The purpose of
this bill is just to equalize the tip
allowance that's permitted employees in the
restaurant industry. It's supported by the
Restaurant Association and the Hospitality and
Tourism Association as well.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Would the sponsor
yield for a question?
THE PRESIDENT: Senator Spano, do
you yield for a question?
5254
SENATOR SPANO: Yes.
THE PRESIDENT: Go ahead, Senator
Duane, with a question.
SENATOR DUANE: It's unclear from
reading the bill what it is that is
different -- what is the system now that this
would change?
SENATOR SPANO: What this bill
does is put in statute what is being done
administratively today. So we're really not
changing anything within the industry,
Senator. This is what they're doing right
now. But it just puts it in statute.
SENATOR DUANE: Thank you,
Senator. Thank you.
SENATOR SPANO: You're welcome.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
5255
THE SECRETARY: Calendar Number
1339, by Senator Padavan, Senate Print 5134A,
an act to authorize the Commissioner of
General Services.
SENATOR BRESLIN: Explanation.
THE PRESIDENT: Senator Skelos,
in Senator Padavan's absence, an explanation
has been requested.
SENATOR SKELOS: Lay the bill
aside temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
1350, by Senator Meier, Senate Print 5776, an
act to amend the Tax Law, in relation to hotel
and motel taxes.
SENATOR MEIER: Lay the bill
aside for the day.
THE PRESIDENT: The bill is laid
aside for the day, Senator Meier.
THE SECRETARY: Calendar Number
1359, by Senator Nozzolio, Senate Print 5911,
an act to amend Chapter 886 of the Laws of
1972.
SENATOR BRESLIN: Lay it aside
5256
for a question from Senator Hevesi.
THE PRESIDENT: The bill is laid
aside, Senator Breslin.
THE SECRETARY: Calendar Number
1361, by Senator Padavan, Senate Print 1048A,
an act to amend the Vehicle and Traffic Law,
in relation to the establishment.
SENATOR BRESLIN: Explanation,
please.
SENATOR SKELOS: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
1370, by Senator Maltese, Senate Print 5742A,
an act to amend Chapter 164 of the Laws of
1907.
SENATOR BRESLIN: Request that it
be laid aside for Senator Hevesi.
THE PRESIDENT: The bill is laid
aside, Senator Breslin.
THE SECRETARY: Calendar Number
1371, by Senator Larkin, Senate Print 5759, an
act to permit the sale or lease of housing
projects.
5257
SENATOR DUANE: Explanation.
THE PRESIDENT: Senator Skelos -
do you want the bill laid aside, Senator
Skelos?
SENATOR SKELOS: Yes.
THE PRESIDENT: The bill is laid
aside.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Can we return to
reports of standing committees? I believe
there's a report of the Rules Committee at the
desk. If we could have it read at this time.
THE PRESIDENT: We will return to
reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 887B, by Senator
Maltese, an act to amend the Retirement and
Social Security Law;
1062A, by Senator Stafford, an act
to amend the Tax Law;
1583, by Senator Larkin, an act to
5258
amend the Vehicle and Traffic Law;
1590, by Senator Johnson, an act to
amend the Real Property Tax Law;
1729, by Senator Bonacic, an act to
amend the Public Health Law;
1880B, by Senator Wright, an act to
amend the Environmental Conservation Law;
2529A, by Senator Marchi, an act to
amend the Navigation Law;
2557, by Senator Stavisky, an act
to amend the Tax Law;
3354A, by Senator Wright, an act to
amend the Tax Law;
3533A, by Senator Lack, an act in
relation to authorizing;
3856, by Senator Oppenheimer, an
act to amend Chapter 390 of the Laws of 1979;
4055, by Senator Velella, an act to
amend the Insurance Law;
4171, by Senator Trunzo, an act to
amend the Retirement and Social Security Law;
4372, by Senator Maltese, an act to
amend the Administrative Code of the City of
New York;
4511A, by Senator Skelos, an act to
5259
amend Chapter 521 of the Laws of 1994;
4772, by Senator Seward, an act in
relation in granting retroactive membership;
4908, by Senator Farley, an act to
amend the Workers' Compensation Law;
4986A, by Senator Goodman, an act
to amend the Tax Law;
5199A, by Senator Bonacic, an act
to amend the Environmental Conservation Law;
5211B, by Senator Alesi, an act to
amend the Insurance Law;
5393A, by Senator Kuhl, an act to
amend the Highway Law;
5419, by Senator Spano, an act to
amend the Labor Law;
5505, by Senator Nozzolio, an act
to amend the Penal Law;
5520A, by Senator Kuhl, an act to
amend the Education Law;
5539A, by Senator McGee, an act to
amend the Civil Rights Law;
5773, by Senator Morahan, an act
creating the Greenwood Lake Commission;
5805, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
5260
5825A, by Senator DeFrancisco, an
act to amend the Public Authorities Law;
5843A, by Senator Kuhl, an act to
establish;
5852, by Senator Meier, an act to
amend the Domestic Relations Law;
5863, by Senator Morahan, an act to
amend the Social Services Law;
5886, by Senator Morahan, an act to
amend the General Business Law;
5895A, by Senator Balboni, an act
authorizing the assessor;
5898, by Senator Bruno, an act to
amend the Penal Law and the Highway Law;
5913, by Senator Bruno, an act to
amend the Legislative Law;
And 5931, by Senator Rath, an act
to amend the Erie County Tax Act.
All bills ordered direct for third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
5261
if we could take up the Supplemental Calendar
55A, noncontroversial.
THE PRESIDENT: The Secretary
will read.
SENATOR SKELOS: Madam President,
before we do that, I believe there's some
housekeeping and substitutions. If we could
do that at this time.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
President. I will wish to call up my bill,
Senate Print Number 5845, which is now at the
desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1374, by Senator Meier, Senate Print 5845, an
act to amend Chapter 906 of the Laws of 1984.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
President. I now move to reconsider the vote
by which this bill was passed and ask that the
bill be restored to the order of third
reading.
THE PRESIDENT: The Secretary
5262
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
SENATOR MEIER: Madam President,
I now move to discharge, from the Committee on
Rules, Assembly Print Number 8222 and
substitute it for my identical bill. The
Senate bill on first passage was voted
unanimously. I now move that the substituted
Assembly bill have its third reading.
THE PRESIDENT: So ordered,
Senator Meier.
The Secretary will read.
THE SECRETARY: Calendar Number
1374, by the Assembly Committee on Rules,
Assembly Print Number 8222, an act to amend
Chapter 906 of the Laws of 1984.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR DUANE: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
Senator McGee.
5263
SENATOR McGEE: Thank you, Madam
President. On behalf of Senator Leibell, I
wish to call up Senate Print Number 5484B,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1342, by Senator Leibell, Senate Print 5484B,
an act to amend the Public Authorities Law.
SENATOR McGEE: Madam President,
I now move to reconsider the vote by which
this bill was passed and ask that the bill be
restored to the order of third reading.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Madam President,
I now move to discharge, from the Committee on
Rules, Assembly Print Number 7569B and
substitute it for the identical bill. The
Senate bill on first passage was voted
unanimously, and I now move that the submitted
5264
Assembly bill have its third reading at this
time.
THE PRESIDENT: The substitution
is ordered, Senator McGee.
SENATOR McGEE: Thank you.
THE PRESIDENT: You're welcome.
The Secretary will read.
THE SECRETARY: Calendar Number
1342, by Member of the Assembly Stephens,
Assembly Print Number 7569B, an act to amend
the Public Authorities Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
The Secretary will read 1374.
THE SECRETARY: Calendar Number
1374, by the Assembly Committee on Rules,
Assembly Print Number 8222, an act to amend
Chapter 906 of the Laws of 1984.
5265
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
The Secretary will read the
substitutions.
THE SECRETARY: On page 4,
Senator LaValle moves to discharge, from the
Committee on Rules, Assembly Bill Number 1568
and substitute it for the identical Third
Reading Calendar, 63.
On page 15, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8233 and substitute it
for the identical Third Reading Calendar, 526.
On page 30, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8486 and substitute it
for the identical Third Reading Calendar, 931.
And on page 38, Senator Seward
5266
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8220 and
substitute it for the identical Third Reading
Calendar, 1294.
THE PRESIDENT: The substitutions
are ordered.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Now if we could
take up Senate Supplemental Calendar 55A,
noncontroversial.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1375, by Senator Maltese, Senate Print 887B,
an act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
THE PRESIDENT: There's a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 15. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
5267
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1376, by Senator Stafford, Senate Print 1062A,
an act to amend the Tax Law in -
SENATOR BRESLIN: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: In relation to
Calendar Number 1377, Senator Larkin moves to
discharge, from the Committee on
Transportation, Assembly Bill Number 355 and
substitute it for the identical Third Reading
Calendar, 1377.
THE PRESIDENT: The substitutions
are ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1377, by Member of the Assembly Schimminger,
Assembly Print Number 355, an act to amend the
Vehicle and Traffic Law and the General
Business Law, in relation to the use of
helmets.
THE PRESIDENT: Read the last
5268
section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1378 by Senator Johnson, Senate Print 1590, an
act to amend the Real Property Tax Law, in
relation to establishing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect January 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1379, by Senator Bonacic -
SENATOR BRESLIN: Lay it aside.
THE PRESIDENT: The bill is laid
5269
aside.
THE SECRETARY: Calendar Number
1380, by Senator Wright -
SENATOR BRESLIN: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: In relation to
Calendar Number 1382, Senator Stavisky moves
to discharge, from the Committee on
Investigations, Taxation and Government
Operation, Assembly Bill Number 4622 and
substitute it for the identical Third Reading
Calendar, 1382.
THE PRESIDENT: Read the last
section.
The substitution is ordered.
THE SECRETARY: Calendar Number
1382, by Member of the Assembly Gunther,
Assembly Print 4622, an act to amend the Tax
Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
5270
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1383, by Senator Wright, Senate Print 3354A,
an act to amend the Tax Law, in relation to
the imposition of sales tax.
THE PRESIDENT: There is a local
fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect in 30 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1384, by Senator Lack, Senate Print 3533A, an
act in relation to authorizing the Village of
Lake Grove.
THE PRESIDENT: There's a home
rule message at the desk.
Read the last section.
5271
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1385, by Senator Oppenheimer, Senate Print
3856, an act to amend Chapter 390 of the Laws
of 1979.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1387, by Senator Velella, Senate Print 4055,
an act to amend the Insurance Law, in relation
to health insurance coverage.
5272
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1388, by Senator Trunzo, Senate Print 4171, an
act to amend the Retirement and Social
Security Law, in relation to service
retirement benefits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: There's a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
5273
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1389, by Senator Maltese, Senate Print 4372,
an act to amend the Administrative Code of the
City of New York.
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1390, by Senator Skelos, Senate Print 4511A,
an act to amend Chapter 521 of the Laws of
1994.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1391, by Senator Seward, Senate Print 4772, an
5274
act in relation to granting retroactive
membership.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1392, by Senator Farley, Senate Print 4908, an
act to amend the Workers' Compensation Law -
SENATOR DUANE: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1393, by Senator Goodman, Senate Print 4986A,
an act to amend the Tax Law, in relation to
credits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
5275
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1394, by Senator Bonacic -
SENATOR BRESLIN: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1395, by Senator Alesi, Senate Print 5211B, an
act to amend the Insurance Law, in relation to
certain manufacturer agreements.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect in 120 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
5276
THE SECRETARY: Calendar Number
1396, by Senator Kuhl, Senate Print 5393A, an
act to amend the Highway Law, in relation to
designating portions of the state highway
system.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1397, by Senator Spano, Senate Print 5419 -
SENATOR BRESLIN: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1398, by Senator Nozzolio, Senate Print 5505,
an act to amend the Penal Law, the Vehicle and
Traffic Law, and the Insurance Law, in
relation to criminal aggressive driving.
THE PRESIDENT: Read the last
5277
section.
THE SECRETARY: Section 8. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: In relation to
Calendar Number 1399, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 795C and substitute it
for the identical Third Reading Calendar,
1399.
THE PRESIDENT: The substitution
is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1399, by Member of the Assembly Sanders,
Assembly Print Number 795C, an act to amend
the Education Law, in relation to special
education programs and services.
THE PRESIDENT: Read the last
section.
5278
THE SECRETARY: Section 18. This
act shall take effect July 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1400, by Senator McGee -
SENATOR BRESLIN: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1401, by Senator Morahan, Senate Print 5773,
an act creating the Greenwood Lake Commission.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 7. This
act shall take effect upon enactment into law.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
5279
1402, by Senator Marcellino, Senate Print
5805, an act to amend the Environmental
Conservation Law, in relation to the fees
imposed.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect July 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1403, by Senator DeFrancisco, Senate Print
5825A, an act to amend the Public Authorities
Law, in relation to exemption from taxation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
5280
passed.
THE SECRETARY: Calendar Number
1404, by Senator Kuhl, Senate Print 5843A, an
act to establish the public library district
in the Town of Corning.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1405, by Senator Meier, Senate Print 5852, an
act to amend the Domestic Relations Law, in
relation to notification.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
5281
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1406, by Senator Morahan, Senate Print 5863,
an act to amend the Social Services Law, in
relation to additional state payments.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: In relation to
Calendar Number 1407, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8574 and substitute it
for the identical Third Reading Calendar,
1407.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
5282
THE SECRETARY: Calendar Number
1407, by the Assembly Committee on Rules,
Assembly Print Number 8574, an act to amend
the General Business Law, in relation to the
sale of poppies.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1408, by Senator Balboni, Senate Print 5895A,
an act authorizing the assessor of the County
of Nassau.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
5283
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1409, by Senator Bruno, Senate Print 5898, an
act to amend the Penal Law and the Highway
Law, in relation to violence committed.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
September.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1410, by Senator Bruno, Senate Print 5913, an
act to amend the Legislative Law, in relation
to the legislative library, librarians and
assistants.
ACTING PRESIDENT MEIER: Read the
5284
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1411, by Senator Rath, Senate Print 5931, an
act to amend the Erie County Tax Act, in
relation to authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
5285
SENATOR SKELOS: Mr. President,
on the first active list, would you please
call up Senate Calendar 1371, Senate 5759, by
Senator Larkin.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1371.
THE SECRETARY: Calendar Number
1371, by Senator Larkin, Senate Print 5759, an
act to permit the sale or lease of housing
projects.
SENATOR DUANE: Explanation.
ACTING PRESIDENT MEIER: Senator
Larkin, an explanation has been requested of
Calendar 1371 by Senator Duane.
SENATOR LARKIN: Thank you,
Mr. President.
Senator Duane, this is a housing
project in the City of Newburgh. It consists
of two concepts, a tower and other units in a
different section of the town. Three years
ago, the housing authority of this city came
to me and said, "We have financial problems.
We owe Central Hudson in excess of $350,000.
Our intake revenue does not meet our monthly
output. What can you do to help us?"
5286
So we started looking around and
saw some areas in the state where some people
took these projects. The projects concerned
have no Section 8 money, because they were
done under state law, state housing, so they
couldn't subsidize the project. And there's
no way to transfer it under state law right
now.
What we did is we went around and
found and personally went to HUD, personally
went to Division of Housing and Community and
said, "Do you know anybody who does this?"
And they came up with a couple of people, and
we sent them to the City of Newburgh and the
housing authority. The housing authority
selected this individual based on his
financial statements and everything else.
We have a very serious situation,
Senator, in this housing, because today, as of
the 31st of May I was informed by Central
Hudson, which is the utility providing gas and
electric, that the housing authority owes
over -- in excess of $880,000. Two years ago,
the housing authority made a commitment to pay
Central Hudson $14,000 a month. In the past
5287
23 months, they've never made a payment in
excess of $12,000. So they're in deep
trouble.
This main building, the Bourne
Apartments, has 85 units. Some of those units
are paying $45 a month for one and a half, two
bedrooms. The language that we have in the
bill is that no one will ever be moved out.
We've worked out with SONYMA and the State
Mortgage Agency and the prospective buyer that
he will not raise their rent. When he goes to
a private sale, he is eligible for Section 8
housing and can cover the cost for those
individuals paying $45. He's agreed, and we
put it in the bill, not just a memorandum of
understanding, that nobody will be denied.
And those people applying to come there will
be reviewed by the housing authority, as is
the case today.
The facility itself probably needs
$250,000 to $300,000 in repairs. In 1990,
this -- in 1990, $6 million was given by
Governor Cuomo in an election year to renovate
and upgrade this facility. It never was
finalized. This is a facility that has five
5288
entrances and has one electric meter for 85
units. It has one gas meter for 85 units.
You cannot control the cost of the utilities.
And under the Utility Law in the
State of New York, if we don't do this and
pass this bill, Central Hudson has clearly
indicated this morning that come the 15th of
July, they will give them notice and in
another 30 days they will turn off the gas and
electric. As set forth, they are owed
$880,000 and have been denied this money.
One other thing you should know,
Senator. This has been evaluated. It has a
home rule message. The city council is aware
of it. The housing authority realizes without
this, this -- this will belly up, because
nobody -- of all the people we asked to look
at it, this is the only one that stuck around.
And he's at the point now where he is saying
to me -- this morning he's in Washington. He
was here yesterday trying to talk to people.
And there are people in this Capitol that are
playing games with this legislation.
But I refuse to play games with 235
families that are occupying these units. And
5289
if somebody in this chamber or the other
chamber wants to do it, I'll be the first one
in court to find out why we're denying people
the right of a decent accommodation.
Thank you.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Actually, the
Senator answered all of my questions with his
explanation. So I was going to thank him for
his explanation.
The things I was curious about you
addressed for me. Thank you, Senator.
SENATOR LARKIN: You're welcome.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Libous.
5290
SENATOR LIBOUS: May I have
unanimous consent to be -
ACTING PRESIDENT MEIER: Excuse
me a moment, Senator Libous.
Senator Libous.
SENATOR LIBOUS: Could I have
unanimous consent to be recorded in the
negative on Calendar 1001.
ACTING PRESIDENT MEIER: Without
objection, Senator Libous will be recorded in
the negative on Calendar 1001.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on the supplemental calendar, I believe the
Minority has withdrawn their request for an
explanation on Senator Spano's bill, 1397.
Can we have it read at this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1397, by Senator Spano, Senate Print 5419, an
act to amend the Labor Law, in relation to
authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
5291
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Farley.
SENATOR FARLEY: Thank you,
Mr. President. Would you remove the sponsor
star on Calendar Number 239, Senate Bill 1918.
ACTING PRESIDENT MEIER: The
sponsor star will be removed from Calendar
Number 239, at the request of the sponsor.
SENATOR FARLEY: Thank you.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If you would
call up, on the supplemental calendar,
Calendar Number 1392.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1392.
THE SECRETARY: Calendar Number
5292
1392, by Senator Farley, Senate Print 4908, an
act to amend the Workers' Compensation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: On the
supplemental calendar, if you could call up
Calendar Number 1400, by Senator McGee.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1400.
THE SECRETARY: Calendar Number
1400, by Senator McGee, Senate Print 5539A, an
act to amend the Civil Rights Law, in relation
to the right of privacy.
5293
SENATOR DUANE: Explanation.
ACTING PRESIDENT MEIER: Senator
McGee, an explanation has been requested of
Calendar 1400 by Senator Duane.
SENATOR McGEE: Yes,
Mr. President.
I believe the bill pretty much
addresses itself. But the current law
presently protects the privacy of victims of
sex offenses by requiring that their
identities be kept confidential. This bill
extends the same protection to victims of
crimes involving the transmission of HIV.
Victims of such crimes often are
unwilling to testify in court because their
identities are not protected. An example of
this situation is the Nushawn Williams case,
in which several of the victims would not
testify because they did not want their
identities known. This legislation was
proposed by the Chautauqua County district
attorney, who prosecuted that case and found
his inability to protect the identities of the
victims a real hindrance for prosecution.
The bill also protects the victims
5294
of crimes involving the transmission of HIV
and a provision which gives victims of sex
offenses a private right of action to recover
damages for disclosure of their identities.
SENATOR DUANE: Would the sponsor
yield to a question?
ACTING PRESIDENT MEIER: Senator
McGee, do you yield to a question?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you. I'm
wondering if there was any thought to at least
given to making this a discretionary action
providing confidentiality on the part of a
judge or a district attorney upon request of
the witness or the attorney.
SENATOR McGEE: This bill was
proposed, Senator Duane, by the New York State
Bar Association, under the criminal justice
section, and it was a legislative proposal.
And I think it's very acceptable in the
present form that it's in.
SENATOR DUANE: Thank you.
Mr. President, on the bill.
5295
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: I'm very
concerned that this is another step towards
criminalizing people who have HIV.
It's a very complicated issue, as
you can imagine, and I'm certainly very aware
of the importance of confidentiality as it
applies to a person's HIV status and also as
it would apply to the victim of a sexual
assault or rape.
That said, I think that there are
flaws in this legislation because it doesn't
make any attempt to provide some discretion on
the part of a judge or a district attorney in
the way that they bring forward the case and
the way that they believe that the person
who's making an accusation needs to be treated
within the criminal justice system.
It also raises the question of how
it is that particular circumstances, consent,
use of prophylactics, how it is that those
would be incorporated in both the prosecution
and the defense of the case.
But then to step back to the
5296
original point that I made, I am concerned
that this bill, in the form that it's in,
without taking into account the complications
and unique circumstances surrounding HIV,
really could lead us down a slippery slope
towards further criminalization of people with
HIV. And I am encouraging a negative vote.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, will you please call up Calendar Number
1380, please.
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT MEIER: Just a
5297
moment, Senator Fuschillo. The Chair made a
mistake here.
The bill is passed, the last bill
that was voted on.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, will you please call up Calendar
Number 1380, please.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1380, by Senator Wright, Senate Print 1880B,
an act to amend the Environmental Conservation
Law, in relation to hospital or medical
environment disinfectants.
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT MEIER: I'm
sorry. Senator Wright, an explanation has
5298
been requested by Senator Breslin.
SENATOR WRIGHT: Thank you,
Mr. President.
The bill will define the term
"hospital or medical environment disinfectant"
and would prohibit the Environmental
Conservation Department from adopting any rule
or regulation which would diminish the
effectiveness of the disinfectants.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you,
Mr. President. If the Senator would yield for
a question.
ACTING PRESIDENT MEIER: Senator
Wright, do you yield to a question?
SENATOR WRIGHT: I yield, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, what
is the usual procedure when you have this
clash of values between what would be an
environmental regulatory agency and a medical
facility?
5299
SENATOR WRIGHT: I don't know
what that procedure would be, Mr. Paterson.
SENATOR PATERSON: Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: If the Senator
would yield for another question.
ACTING PRESIDENT MEIER: Senator
Wright, do you continue to yield?
SENATOR WRIGHT: Yes, I will.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: Well, I guess
my question is when you have an agency which
has the research capacity and the resources to
determine what the long-term effects of a
toxic substance might be -- and obviously they
would probably not be testing in terms of the
medical effects. But still, if you had
something such as DDT or something like
that -- not that it would be used in a
hospital.
But I think my question is, why are
we limiting the scope or the jurisdiction when
the information that is contained in the
5300
reports that, say, an agency might have could
be quite relevant in convincing the hospital,
the medical facility, that this particular
substance is too dangerous for public
consumption?
SENATOR WRIGHT: Well, in this
instance we're dealing with one specific
issue, in terms of ethanol and -- which is
treated differently under the two particular
provisions. And so we're making sure that
there's no diminishment of the health
benefits.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
5301
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, can we return to motions and resolutions?
And is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: We have
one substitution, Senator Fuschillo.
SENATOR FUSCHILLO: Please make
the substitution.
ACTING PRESIDENT MEIER: The
Secretary will read the substitution.
THE SECRETARY: On page 32,
Senator Nozzolio moves to discharge, from the
Committee on Rules, Assembly Bill Number 6692A
and substitute it for the identical Third
Reading Calendar, 983.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, can we just stand at ease for a few
seconds, please?
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
5302
ease at 2:05 p.m.)
(Whereupon, the Senate reconvened
at 2:06 p.m.)
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, on the first active list will you kindly
call up Calendar Number 1295, please.
ACTING PRESIDENT MEIER: On the
first active list, the Secretary will read
Calendar 1295.
THE SECRETARY: Calendar Number
1295, by Senator Marchi, Senate Print 5589, an
act to amend the Education Law, in relation to
courses of instruction.
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
SENATOR FUSCHILLO: Mr. Preside
nt, will you kindly call up Calendar Number
1361, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1361.
THE SECRETARY: Calendar Number
5303
1361, by Senator Padavan, Senate Print 1048A,
an act to amend the Vehicle and Traffic Law,
in relation to the establishment.
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Padavan, an explanation has been requested of
Calendar 1361 by Senator Breslin.
SENATOR PADAVAN: Thank you,
Mr. President.
This bill relates only to the City
of New York. It authorizes the city to
establish speed limits as low as 15 miles an
hour as part of various ways of dealing with
traffic safety problems.
Currently the law indicates
statewide that no speed limit shall be less
than 30 miles an hour in a general area and no
less than 25 miles an hour in a specific area.
There are instances, such as around schools
and other sensitive areas, where speed bumps
are being installed, other traffic devices are
being installed, where lowering the speed
limit to 15 miles an hour would be beneficial.
These are done after engineering traffic
5304
studies are completed, and with good reason.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: On the bill.
ACTING PRESIDENT MEIER: Senator
Breslin, on the bill.
SENATOR BRESLIN: I would commend
Senator Padavan and the City of New York City
and would suggest that other cities upstate
and throughout the state be allowed to do the
same thing.
Thank you.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Seabrook recorded in the
negative -- nays, 2.
Ayes, 56. Nays, 2. Senators
Seabrook and Rosado recorded in the negative.
5305
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, could we stand at ease for a few minutes?
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 2:11 p.m.)
(Whereupon, the Senate reconvened
at 2:16 p.m.)
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: We have
a substitution, Senator Fuschillo.
SENATOR FUSCHILLO: Please read
the substitution.
ACTING PRESIDENT MEIER: The
Secretary will read the substitution.
THE SECRETARY: On page 19,
Senator Marcellino moves to discharge, from
the Committee on Rules, Assembly Bill Number
7268 and substitute it for the identical Third
5306
Reading Calendar, 656.
ACTING PRESIDENT MEIER:
Substitution ordered.
SENATOR FUSCHILLO: Mr. Preside
nt, is there a privileged resolution at the
desk by Senator Dollinger?
ACTING PRESIDENT MEIER: Yes,
there is.
SENATOR FUSCHILLO: I ask that
the title be read.
ACTING PRESIDENT MEIER: The
Secretary will read the title of the
privileged resolution.
THE SECRETARY: By Senator
Dollinger, Legislative Resolution honoring
Carla M. Palumbo, Esquire, upon the occasion
of her designation as recipient of the 1999
Public Interest Law Award, on June 9, 1999.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
5307
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, may we stand at ease for a few minutes,
please.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 2:19 p.m.)
(Whereupon, the Senate reconvened
at 2:28 p.m.)
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, on the supplemental calendar, will you
kindly call up Calendar Number 1394, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1394.
THE SECRETARY: Calendar Number
1394, by Senator Bonacic, Senate Print 5199A,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT MEIER: Senator
Bonacic, an explanation has been requested by
5308
Senator Breslin.
SENATOR BONACIC: Thank you very
much, Mr. President.
This would be an act to amend the
Environmental Conservation Law in relation to
authorizing operating agreements for the
Belleayre Mountain Ski Center. And the
purpose of it is to try to solicit a private
entrepreneur who would make an investment in
Belleayre, with an operating permit.
Presently, New York State owns
Belleayre, since 1949. I don't believe that
state government should be in the ski
business. I haven't met or seen a business
which the private sector couldn't do better
than government. We have been losing money at
Belleayre since its inception, and I think
it's approximately 3½ million dollars. We
have seen operating losses in the last ten
years, except one year, and I think there was
a modest gain of $37,000.
What this legislation would do, it
would allow for an expansion of the ski area,
number one, in Belleayre. Right now we have
the constitutional authority to utilize
5309
25 miles of Belleayre, and we use roughly half
of it. And we want to expand it, keep it
under the auspices of the DEC. Right now we
can enter into an operating permit for up to
10 years. This legislation would give the
commissioner of the DEC the authority to enter
into an operating agreement up to 40 years.
In addition, the state would be
paid monies each year for the privilege of
allowing the operating agreement to go forward
with the private bidder. And we think it's a
good way to get private capital to come in,
expand the mountain, and start bringing
tourism and capital into the region and help
promote economic vitality.
We have seen a slow economic
strangulation in that corridor of County Route
28 by Delaware County and Ulster County, where
this ski resort lies.
That's the legislation,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Mr. President,
would the sponsor yield for a couple of
5310
questions?
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield for questions?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: Senator, in the
legislation it refers to an operating
agreement. Can you tell us what the
difference between an operating agreement and
a lease is, if any?
SENATOR BONACIC: Well, I believe
there is a significant difference. First of
all, a lease is normally pursuant to a written
agreement. There are certain obligations that
a landlord must give to the tenant. And
normally a tenant can stay on the premises,
providing they are living up to the terms of
that comprehensive lease agreement.
This is an operating agreement.
And how it's different is that the DEC can
terminate this permit with or without cause.
And it does provide for liquidated damages in
the event that the state did not want that
private bidder there anymore. And so for that
5311
reason it's different.
And right now, without legislative
approval, we can expand Belleayre roughly 185
acres. That would bring it into the 25-mile
constitutional authority. And we can enter
into an operating permit up to 10 years, never
have to come back to this Legislature.
All this does is make it up to 40
years, because that's the only way we're going
to solicit a private bidder to come in here,
invest the capital, get a return on its
investment.
SENATOR BRESLIN: Mr. President,
would the sponsor yield?
ACTING PRESIDENT MEIER: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: Was the use of
the term "operating agreements" used as a -
in lieu of a lease, to get around the Article
14 provisions?
SENATOR BONACIC: You know, now
Belleayre is in the Catskill Game Park. And
5312
we have -- there are constitutional
protections of any lands in the Catskill Game
Park. We can't sell, we can't lease. That's
a prohibition.
And we felt that this was the only
way to go, with an operating permit. We have
consulted with constitutional experts for
legal opinions, and they have indicated to us
that an operating permit process would survive
a constitutional challenge.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: I think one
remaining question.
You talked about the differences
between a lease and an operating agreement,
that in fact an operating agreement didn't
have a lot of details vis-a-vis a lease.
Could you tell us the level of detail
contained in the operating agreement itself,
Senator?
SENATOR BONACIC: We have left
that to the discretion of the commissioner,
John Cahill. We have provided -- let me go
back a minute.
5313
The Catskill Center has made
certain recommendations to our proposed
legislation that there would never be a
diminution of recreational use in this area
and that there would be an advisory committee
of six people that would advise the DEC
commissioner as to the structure of the
operating agreement.
What we're trying to do is, you
know, in the Northeast, skier visits have gone
up. But we have seen, in the last ten years
in Belleayre specifically, back in the '87-'88
season, we had about 119,000 visits. In the
'96-'97 season, it was down to 71,000.
So as you can see, we at the state
really have not made a public commitment to
fund and make an investment in that ski area
to make it a first-class ski area. It's
estimated that it would be about $40 million
to expand it and -- to expert slopes and
quads, high-speed quads. And that's what
skiers look for today, challenging trails and
to get up and down the mountain in a hurry.
So just if I may continue on this,
I'll just share with you. Our ski lift
5314
capacity, they tell me at Belleayre, it can
lift roughly 9,000 people an hour. Killington
is 35,000. Stratton is 21,000. Hunter, right
here, is 15,000. And Windham is about 12,000.
What's been happening really is New
York is having its lunch eaten in the ski
area, our resorts. In the Northeast we only
get 8 percent of the action. And now in
Vernon, New Jersey, the former Playboy Club,
they have solicited a private entrepreneur,
Intrawest, that owns Whistler Mountain in
Canada, and they're putting millions and
millions of dollars in Vernon, New Jersey, in
Sussex.
Now, the reason I share that with
you is that our market for skiing is the city,
it's Long Island, it's Bergen County. They
travel 2, 2½ hours. When that ski resort in
Vernon is done, they're going to have to
travel a half hour to an hour, they're not
going to come up to Hunter, Windham, or
Belleayre. I threw the others in.
So what we're trying to do is we're
trying to revive Belleayre. And this is a way
we're trying to do it.
5315
SENATOR BRESLIN: One final
question, if the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: Was there any
consideration given to the use of a public
authority as opposed to an operating
agreement?
SENATOR BONACIC: What did you
have in mind?
SENATOR BRESLIN: To set up a
public authority that might be more sensitive
and more open to review and analysis.
SENATOR BONACIC: My initial
reaction to that is in order for an operation
like this to prosper, you need private
enterprise, you need private-sector mentality.
And public authorities is more government
people. And we have seen what government has
done to Belleayre.
And it's our thinking that you
leave it to the pros, you get -- and by the
5316
way, there is a willingness and a desire by
ski entrepreneurs -- whether it's Vail
Associates out there in Colorado, or Canada,
there is an interest to come in and enter into
these kinds of agreements for profit and
private investment.
SENATOR BRESLIN: Thank you,
Mr. President.
SENATOR BONACIC: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Bonacic would yield for a question.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield for -
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: I like the
suggestion that Senator Breslin just made. In
other words, when he says a public
authority -- if I could just expand on that
for a moment -- if you set up a publicly held
corporation, and now through the public
5317
benefit, you could actually bring the same
pros that you're talking about into the
process, and they would run the -- they would
run that area.
Now, I can understand your point.
I was going to suggest perhaps an
appropriation through DEC and let DEC run it.
But your answer to Senator Breslin's question
really suffices, that in this area you would
basically need the pros.
Otherwise, I'm suggesting that we
might have to change the Constitution.
Because although you've changed the words,
from a lease to really what is a -- an
operation, the question is, have you changed
the spirit of what the Constitution is trying
to create? And that's why we thought that
perhaps by doing it through a public benefit
corporation might be in compliance with what
the Constitution wants, and at the same time
would alleviate the problem that would be
caused if there are competing ski resorts.
SENATOR BONACIC: Sure. First of
all, I think from past experience we have seen
in -- I'll give you an example. Mount Sunapee
5318
in New Hampshire, that was a state-owned-and
operated ski facility. It is now operated by
a private entrepreneur. And they -- the
private entrepreneur immediately invested
$5 million in that ski resort, and they had a
comprehensive, lengthy 10-year plan, and it
pays the State of New Hampshire $155,000 a
year plus 3 percent of its profits.
So I stand by my remarks earlier
that I'd much rather have private enterprise
in here, with a private-sector mentality, than
a public authority board.
I may add also that quite a few of
the permanent residents from Manhattan and
northern Bergen County and the Island spend a
lot of time in Belleayre, and they want
Belleayre to be successful. The Ulster County
legislature, in which Belleayre is located,
has supported the plan unanimously. And the
Ulster County Development Corporation supports
this legislation unanimously.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, if, through you, the sponsor would
5319
yield to a couple of questions.
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Thank you,
Senator. And I know that there are a lot of
people who travel in New York City up to
Belleayre -- although you know commuters, they
like to make use of the services but not pay
the tax to keep them up, so you can't always
rely on what they think.
My question to you, if this was
struck down, this bill, as being in violation
of the Constitution -- because in fact, while
it calls itself an operating agreement, really
it is, in essence, a commercial lease -- would
you then favor something perhaps through a
public authority, such as the Olympic Regional
Development Authority, that has been used in
circumstances like this in other places?
SENATOR BONACIC: I think we
would cross that bridge when we came to it. I
don't like to speculate on hypotheticals. I'd
like to keep the debate with the legislation
that's before us.
5320
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. If the sponsor would continue
to yield.
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Are there
any other circumstances in which private
facilities under leases or operating
agreements exist in New York State on state
Forest Preserve land, to your knowledge?
SENATOR BONACIC: I don't think
there are.
SENATOR SCHNEIDERMAN: And the
expansion you spoke about that is necessary
for the sort of economic viability of the ski
resort, that would be expansion on Forest
Preserve land, at least in part, would it not?
SENATOR BONACIC: That's correct.
SENATOR SCHNEIDERMAN: So that to
the extent that there are those who have a
problem, as reflected in the New York State
Constitution, with any commercial use of
Forest Preserve land, what would be your
response to the fact that we have a limited
5321
amount of that?
As the Governor said in his State
of the State address, the one thing we can't
create is wilderness; the only thing we can
preserve is wilderness. Is there any
alternative, as far as the economic viability
of this region goes, to just chewing up more
Forest Preserve land that you can provide as a
suggestion?
SENATOR BONACIC: Okay, let's not
lose sight of a couple of things. There are
other states in the United States that feel
that skiing and the environment are
compatible. That's point number one.
Number two, the State of New York
still owns Belleayre Mountain. And under the
Constitution, in the Catskill Forest Preserve
we are now allowed to expand up to 25 miles,
which we haven't done. So in all of your
comments, you've already given Belleayre the
right to develop another 185 acres.
So if the State of New York, let's
say, wanted to keep it and make an investment
in it and make it a good investment -- like
I've indicated, about 40 million -- they could
5322
do this without us: go do 185 acres, put in
challenging trails, and put in high-speed
quads. So we have that authority now.
SENATOR SCHNEIDERMAN: Well -- if
the sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Bonacic -
SENATOR BONACIC: I do. I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: The
companies that are under consideration or that
are contemplated by this legislation for the
proposed operating agreement are for-profit
companies, are they not?
SENATOR BONACIC: They are.
SENATOR SCHNEIDERMAN: And the
theory of an investment of a for-profit
company is because their capital is at risk,
they're going to do a better job than the
government? Is that why you're suggesting
we're better off having the experts, the
private sector in?
SENATOR BONACIC: Well, it's more
than that, Senator. It's -- the state has not
5323
shown a commitment to invest public dollars to
the extent necessary to make Belleayre
successful. That's been a state policy, where
we have knowledge of results.
In 1997, the Legislature gave
Belleayre $5 million, but it was a Band-Aid
approach. And there's going to be some minor
expansion. But to attract the capital which
state government has not committed to, that's
the reason we're doing this. To try to get
private capital dollars where the state has
said, you know, we got education problems, we
got housing problems, we got health care
problems. You know, running a ski area and
putting $40 million in, it doesn't match up in
terms of priorities of the things that I
mentioned. And obviously they haven't done
it, and there's been slow economic
strangulation.
SENATOR SCHNEIDERMAN: If the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you -
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
5324
sponsor yields.
SENATOR SCHNEIDERMAN: But the
investment of the money from the private
sector, if it's a for-profit company, wouldn't
that be made with a view to making a profit on
the investment, Senator?
SENATOR BONACIC: Absolutely.
And profit has never been a dirty word, as far
as I know.
SENATOR SCHNEIDERMAN: No,
Senator, profit's certainly not a dirty word.
But in the private-sector market in which I
invest, it's very rare that we see provisions
such as in this legislation which states that
the term of the lease is for the purpose of
assuring an investor of adequate protection
against loss.
I thought the whole idea of the
private sector was you take your chances.
Maybe you make money, maybe you lose money.
But it's not the business of the state to
guarantee a profit to a for-profit corporation
by giving away our Forest Preserve land, is
it?
SENATOR BONACIC: No, we're not
5325
doing that. We're not giving it away. We
still own it.
And this is an operating agreement,
it's not a lease. And this permit can be
revoked, with or without cause, by the
commissioner of the DEC. And any monies that
we may realize from this operating permit go
for the purposes outlined in the Environmental
Bond Act for environmental projects.
SENATOR SCHNEIDERMAN: But if the
sponsor would continue to yield, my
question -
ACTING PRESIDENT MEIER: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: He
yields.
SENATOR SCHNEIDERMAN: I'm really
focusing on Section 5A of the full proposed
legislation, the top of the second page. "The
term 40 years is for the purpose of assuring
an investor of adequate protection against
loss of investment."
And that, you know, to me, someone
who just came in from the private sector, that
5326
sounds like the government guaranteeing a
profit or seeking as its purpose to guarantee
a profit to a for-profit corporation. Isn't
that contrary to the whole spirit of
investment, Senator?
SENATOR BONACIC: The language as
you have read it, I don't agree with your
conclusion. The purpose of the language is to
try to obtain a private ski entrepreneur
corporation who have done these things in the
past to make an investment in Belleayre and to
have a significant period of time to try to
get a return on their money. That is what the
language means.
Now, if they are not efficient and
they take a loss, it's that private
entrepreneur's loss. It's not the state's
loss. To the extent that, you know, the DEC
may structure that we get a percentage of the
operating profits, we might not get as much.
But for the most part, it would be the
entrepreneur's loss and not the state's loss.
SENATOR SCHNEIDERMAN: Okay,
thank you, Mr. President. On the bill.
ACTING PRESIDENT MEIER: Senator
5327
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I thank
the sponsor for his patience and detailed
answers to the questions. I appreciate the
concern about the need for economic activity
in this area of the state.
I urge, though, that -- it always
makes me uncomfortable when one of my
colleagues refers to the state not having done
things and says "they," "they," "they." I
think it's -- for better or worse, it's "we."
And if we wanted to allocate the money, we
could, it's just a money of political will.
I think that while I do understand
the concerns with this, I do have a serious
concern with using Forest Preserve land in a
way that by the very language of the bill is
attempting to guarantee a profit to a
for-profit corporation. And those concerns
linger, even though I do appreciate the
absolute need for economic development and
economic growth in that part of the state.
Thank you.
ACTING PRESIDENT MEIER: Senator
Bonacic.
5328
SENATOR BONACIC: Just quickly,
we do that now with the ten-year concession.
We have concessionaires in there that use the
state lands -- sell sodas, sell paraphernalia,
rent skis. So all I'm doing is extending from
10 to 40 years.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1394 are
Senators Breslin, Connor, Gentile, Leibell,
McGee, and Schneiderman. Ayes, 53. Nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, on the active list will you please call up
Calendar Number 1322, please.
ACTING PRESIDENT MEIER: The
5329
Secretary will read Calendar 1322.
SENATOR BRESLIN: May we lay it
aside? Senators Dollinger and Hevesi would
like to debate, and they're in Finance.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Duane.
SENATOR DUANE: Mr. President, I
was hoping I could have unanimous consent to
be recorded in the negative on 1394.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative with regard to Calendar 1394.
SENATOR FUSCHILLO: Mr. Preside
nt.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: On the active
list, will you please call up Calendar Number
1339.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1339.
THE SECRETARY: Calendar Number
1339, by Senator Padavan, Senate Print 5134A,
an act to authorize the Commissioner of
5330
General Services.
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Padavan, an explanation has been requested of
Calendar 1339 by Senator Breslin.
SENATOR PADAVAN: All right.
Mr. President, this is a bill that
authorizes the Office of General Services to
negotiate with St. Johns University for the
purchase and transfer of land at Creedmoor
Psychiatric Center, land that had been for
many years a ball field, to be used by St.
Johns for a ball field.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
SENATOR FUSCHILLO: Hold the roll
call for one sec.
ACTING PRESIDENT MEIER: The
Secretary will hold the roll call.
SENATOR FUSCHILLO: Mr. Preside
nt.
ACTING PRESIDENT MEIER: Senator
5331
Fuschillo.
SENATOR FUSCHILLO: Will you
continue with the roll call, please.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR FUSCHILLO: Mr. Preside
nt.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: On the active
list, will you kindly call up 1322.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1322.
THE SECRETARY: Calendar Number
1322, by Senator Johnson, Senate Print 2000B,
an act to amend the Transportation Law and the
State Finance Law, in relation to enacting the
Airport Improvement and Revitalization Act of
1999.
SENATOR BRESLIN: Explanation,
please.
5332
ACTING PRESIDENT MEIER: Senator
Johnson, an explanation has been requested of
Calendar 1322 by Senator Breslin.
SENATOR JOHNSON: Yes, Senator.
This amends the Transportation Law, the Tax
Law, the State Finance Law, and establishes
what is called the Airport Improvement and
Revitalization Act of 1999, to establish a
grant and loan program for revitalizing
airports.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Mr. President,
will the sponsor yield to a question?
ACTING PRESIDENT MEIER: Senator
Johnson, do you yield for a question?
SENATOR JOHNSON: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: Comparing this
piece of legislation to last year's, last
year's had an appropriation of 3 million,
whereas this year it's somewhat unclear as to
where that funding is coming from, whether it
5333
be DOT or another state agency. Could you -
SENATOR JOHNSON: Well, this fund
will be established under the budget. The
fund doesn't exist. This creates the
framework for this grant and loan program
should the funds become available.
SENATOR BRESLIN: So there's no
specific appropriation part to it? Through
you, Mr. President.
SENATOR JOHNSON: That's correct,
there's no specific appropriation component.
SENATOR BRESLIN: Okay. Thank
you very much, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
5334
would you please call up Calendar Number 1370,
by Senator Maltese.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1370.
THE SECRETARY: Calendar Number
1370, by Senator Maltese, Senate Print 5742A,
an act to amend Chapter 164 of the Laws of
1907.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: On the
supplemental calendar, would you please call
up Calendar Number 1379, by Senator Bonacic.
ACTING PRESIDENT MEIER: The
5335
Secretary will read Calendar Number 1379 on
the supplemental calendar.
THE SECRETARY: Calendar Number
1379, by Senator Bonacic, Senate Print 1729,
an act to amend the Public Health Law, in
relation to the funding of regional councils.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Bonacic, an explanation has been requested of
Calendar 1379 by Senator Breslin.
SENATOR BONACIC: Thank you,
Mr. President.
This would be an act to amend the
Public Health Law, in regard to funding of
regional councils and EMS agencies. What we
want to do is to try to hold harmless from
state funding cuts existing regional EMS
5336
program agencies.
Right now, under existing law, we
have 18 regional emergency medical service
councils in the state of New York. One such
council is Putnam, Westchester, Sullivan,
Ulster, Orange, Rockland, and Dutchess County.
That's seven counties. And this particular
council receives $252,000 in state aid.
And what we're saying is if one of
these counties withdraw and form their own
council -- let's take Westchester, in my
example. Well, that's 45 percent of the
funding. And the other six counties are very
rural, and they would not have adequate
funding to provide emergency medical services
to those six counties.
So what we're saying is in the
event any county pulls out of a regional
council, that the rest of the counties and the
EMS services would be kept hold harmless.
That's the purpose of the bill.
SENATOR BRESLIN: Thank you very
much.
ACTING PRESIDENT MEIER: Read the
last section.
5337
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator LaValle.
SENATOR LAVALLE: Mr. President,
may I have unanimous consent to be recorded in
the negative on Calendar Number 1394, please.
ACTING PRESIDENT MEIER: Without
objection, Senator LaValle will be recorded in
the negative on Calendar 1394.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on the supplemental calendar would you please
call up Calendar Number 1376, by Senator
Stafford.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1376 on the
supplemental calendar.
THE SECRETARY: Calendar Number
13 -
5338
SENATOR STAFFORD: Mr. President,
this is an issue -
ACTING PRESIDENT MEIER: Senator
Stafford, excuse me.
SENATOR STAFFORD: I want to make
it very, very clear that I was in
government -- oh, I'm sorry.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1376, by Senator Stafford, Senate Print 1062A,
an act to amend the Tax Law.
SENATOR STAFFORD: Mr. President,
I want to make it clear that I was in
government -- I -- if you look at the years
that this happened, I was having some
difficulty myself. The people were very
patient with me.
But what I'm trying to say is the
administration, the environmental conservation
commissioners -- two of them, to be exact.
Two friends of mine, by the way -- and also,
of course, the entire administration
encouraged Warren and Washington County to
build this plant.
5339
I will say that many of my friends
afterward have been in opposition, and I
understand their position completely.
However, the state did take part, support,
direct, urge -- and maybe I could use an even
stronger word -- that this plant be
constructed. And it was.
And this legislation of course will
make it possible for certain revenues of the
counties of Warren and Washington to be
dedicated, so that we can end up having a
refinancing and so, frankly, the counties can
stay viable. And this is very much needed.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Through you,
Mr. President. Will the sponsor yield to a
question?
ACTING PRESIDENT MEIER: Senator
Stafford, will you yield for a question?
Senator Stafford yields.
SENATOR BRESLIN: Are there any
environmental considerations that were
considered relative to this legislation?
SENATOR STAFFORD: Yes.
5340
SENATOR BRESLIN: Can you tell
me -- would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Stafford, do you yield?
SENATOR STAFFORD: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: Can you tell us
what those considerations were?
SENATOR STAFFORD: Your point is
very, very well taken, and it's a very, very
good question.
This plant, although many people
oppose it and oppose the process, is a
state-of-the-art, and it is completely up to
snuff, no pun intended. I'm very serious with
this one.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR STAFFORD: And also,
there would be -- again, to emphasize this,
there would be a complete environmental impact
statement completed before any refinancing was
done.
SENATOR BRESLIN: On the bill,
5341
Mr. President.
ACTING PRESIDENT MEIER: Senator
Breslin, on the bill.
SENATOR BRESLIN: I would just
like to make the members of the Senate aware
that there is strong opposition to this
legislation from the EPL, who give it a
two-haystack. And I intend -- two-smokestack,
excuse me.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1376 are
Senators Breslin, Connor, Dollinger, Duane,
Onorato, Oppenheimer, Schneiderman, and
Stachowski. Ayes, 51. Nays, 8.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR OPPENHEIMER: Mr.
5342
President.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
SENATOR OPPENHEIMER: I would
like to ask for unanimous consent to be
recorded in the negative on Calendar 1394,
please.
ACTING PRESIDENT MEIER: Without
objection, Senator Oppenheimer will be
recorded in the negative on Calendar 1394.
Senator Onorato.
SENATOR ONORATO: Mr. President,
I also would like to be recorded in the
negative on Calendar Number 1394.
ACTING PRESIDENT MEIER: Without
objection, Senator Onorato will be recorded in
the negative on Calendar 1394.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1359.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1359.
THE SECRETARY: Calendar Number
1359, by Senator Nozzolio, Senate Print 5911,
5343
an act to amend Chapter 886 of the Laws of
1972.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 15. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Senator
Nozzolio, an explanation has been requested of
Calendar 1359 by Senator Hevesi.
SENATOR NOZZOLIO: Thank you,
Mr. President. I'll be happy to explain the
measure.
It amends provisions of the
Correction Law, Penal Law, and the Vehicle and
Traffic Law, and extends certain programs
expiring or set to expire in 1999. Among the
programs extended are the New York City
Prisoner Furlough Program, DOCS Earned
Eligibility Program, DOCS Temporary Release
Program, and community treatment facilities
within the City of New York.
SENATOR HEVESI: Explanation
satisfactory. Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
5344
THE SECRETARY: Section 15. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we return to reports of standing
committees. And I believe that there's a
report from the Finance Committee at the desk.
I ask that it be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
As a member of the Board of
Trustees of the State University of New York,
Bernard F. Conners, of Loudonville.
ACTING PRESIDENT MEIER: Senator
Stafford.
5345
SENATOR STAFFORD: Mr. President,
I'm going to not yield, I'm going to -- well,
I guess technically it's a yield. But what it
is is sitting down so the Leader can speak.
But I do want to say, I do want to
say -- and I've said it so many times on this
floor -- but once again, the Governor has sent
us some fine nominations. In fact, the finest
nominations. And Senator Bruno will -
SENATOR BRUNO: Thank you very
much, Senator Stafford.
Mr. President, my colleagues,
Senator Stafford, as usual, is right. I don't
think he's ever been wrong in his life. We
have some nominations that we're going to
present to the people of this state. And I'm
very proud to speak on behalf of a personal
friend, a longtime friend, Bernie Conners, of
Loudonville, who is here going on the Board of
Trustees of SUNY.
His experience in business,
writing, publishing make him an excellent
nominee for the board which oversees SUNY.
He's a former publisher of the Paris Review, a
best-selling novelist -- at least two
5346
best-sellers so far. And if you haven't read
them, you should.
He's the owner of British-American,
Incorporated, which is a firm that deals in
real estate, produces films and TV shows,
publishes books. And they were in the soft
drink business.
He's received many civic and
publishing awards. He is a former FBI agent,
received personal citations for bravery and
efficiency. A lieutenant in the U.S. Army,
outstanding athlete. Locally, he was one of
the outstanding quarterbacks in high school.
I believe he actually made the pros. Now, I'm
not sure he got off the bench, but I know he
went to the pros. Winner of several Army
boxing championships.
Educated at Albany Academy and St.
Lawrence University, which he shares with our
esteemed Senator Stafford.
Given the difficult task at SUNY, I
believe that Bernie's boxing experience and
his FBI bravery could come in very handy. The
guidance and oversight of our State University
system could not be in better hands, and SUNY
5347
will greatly benefit from Bernie Conners'
input and experience.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you,
Mr. President. As difficult as it is for me
to follow the Majority Leader, I would like to
echo the comments raised by Senator Bruno in
praise of this tremendous appointment.
Governor Pataki is truly insightful, and we
are all fortunate to have an individual of the
caliber of Bernie Conners to serve in the
capacity as SUNY trustee.
As one who has received part of his
education from SUNY, I certainly think that
the university system that we have certainly
is confronted with challenges. But there is
no finer individual that could be chosen to
meet those challenges, to help us on this
road, than Bernie Conners.
Bernie, my hat's off to you. You
certainly are, in all descriptions, what has
been termed the Renaissance man, one what is
able to exhibit a great deal of interest and
5348
acumen in many diverse fields. That is part
of our State University system in a microcosm,
that we are a very diverse system. And
certainly calling on you to aid that system is
something that we all are doing and are very
pleased that you've answered the call.
Mr. President, it is an honor for
me to vote in favor of this nomination, and I
commend those, especially Governor Pataki, for
bringing him to this chamber.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you,
Mr. President.
I rise to second the nomination of
Bernie Conners, who is an absolute credit and
jewel in the Capital District, and his
contributions to our area have been
significant. I also want to pass on that
President Karen Hitchcock of SUNY Albany is so
thrilled to have somebody from the Capital
District of course on the SUNY Board of
Trustees.
Bernie Conners is -- has done a
tremendous job. The resume that he has, a
5349
former boxer like our Majority Leader and
Senator Marchi and a few others of us -- but
anyway, Bernie Conners will be a true asset,
knowing the State University and the
tremendous resume that he brings to it.
And it's truly a great appointment,
and I congratulate the Governor on recognizing
and choosing Bernie Conners to be on our
board. And I wish you well, Bernie.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Thank you,
Mr. President.
I also rise to echo the comments of
Senator Bruno and Senator Nozzolio and Senator
Farley, for the Governor has truly chosen a
man for all seasons. A very gifted athlete, a
fine student, an FBI agent, a literary master,
a businessman in our community. But most
importantly, from my perspective, a person
that I would not know what his political party
is.
I know what he does for our
community. And he doesn't do it on a
political basis, he does it because it's the
5350
right thing. And year in, year out, Bernie
Conners has been there to do and act out those
things which are important to make our
community a better place.
So there's no better choice to make
our educational system. And I again commend
the Governor and welcome Bernie Conners.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I would
like to complete the Gulf Force of Senator
Bruno, Senator Nozzolio, and myself, to
congratulate Bernie on being nominated. And
more so, I just want to thank you for being
willing to serve.
I've read his book. I think Mike
Nozzolio got one, but he never read it. But I
actually read his book, and it's a wonderful
book. I really enjoyed it. And I enjoyed
meeting him and being with him. And we are
truly very, very fortunate that there is
nobody that I've seen come before this body
that is more well-rounded, with more
background to deal with all types of issues
that would come before the Board of Trustees.
5351
So, Bernie, congratulations. I'm
sure you're going to do a great job. Thank
you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
SENATOR STAFFORD: Mr. President,
I was going to say -
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: -- being
one -- and Bernie has many, many friends. But
I'm very honored to be included. And knowing
him for so many years, and we do have things
in common. But I would only say I second
what's been said so well.
And anything Bernie Conners does,
he's put his wholehearted effort in, and he's
done well. And this augurs well for the SUNY
Board of Trustees. I compliment him and the
Governor.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Bernard
Conners as a member of the Board of Trustees
of the State University of New York. All
5352
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: Bernard
Conners is confirmed as a member of the Board
of Trustees of the State University of New
York.
(Applause.)
ACTING PRESIDENT MEIER: Mr.
Conners, the Senate congratulates you and
wishes you well with your important duties.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Trustees of the State University
of New York, Edward F. Cox, Esquire, of New
York City.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: It's a
pleasure -- and again, I'm going to keep using
this word, "fine nominee." But it's so true.
And we yield to the Senator from Suffolk.
5353
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Thank you very
much, Mr. President.
Ed Cox is a constituent of the
First Senatorial District. He's a person who
grew up in West Hampton, has distinguished
himself in so many areas, is a very bright and
articulate member of the SUNY Board of
Trustees.
And one thing Mr. Cox does is he
reads, as an attorney, the laws that we pass,
so that he fully understands his duties, his
responsibilities as a trustee.
I think he has done an outstanding,
outstanding job as a trustee, and I
compliment, again, the Governor on Mr. Cox's
reappointment.
SENATOR GOODMAN: Mr.
President -
ACTING PRESIDENT MEIER: Senator
Goodman.
SENATOR GOODMAN: Mr. President,
may I add my warm words of praise for Mr. Cox.
He is a partial constituent of mine, and I
5354
just have known him for many years and have
the highest regard for his integrity and his
ability.
During his tenure thus far as a
trustee of this great institution, he has
distinguished himself and in my judgment has
particular expertise on charter schools, which
identifies itself as the wave of the future.
Ed Cox is a true patriot and a man
of great character and in my judgment will
make an outstanding trustee in his continuing
work with the university, and we wish him well
in that endeavor.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
Senator Maltese.
SENATOR MALTESE: I could not say
it better than my good colleague Senator
Goodman, but I would be remiss if I did not
rise to second the nomination of Ed Cox.
I had the pleasure of sitting
through his appearance before the Senate
Higher Education Committee, and again commend
the Governor on all his appointments. In over
5355
twenty years of being up here, although not
all as a Senator, I have -- this is the first
time I sat through so many fine, distinguished
people who came before us as prospective
trustees of the City University and the State
University in New York. And of course Mr. Cox
was preeminent in that number.
I'd also like to comment, as
Senator Goodman did, on the leadership role he
has taken in the task force on charter schools
and the fact that, as was indicated at his
appearance, that he has an exemplary
attendance record and has participated in
almost every meeting of the trustees since he
was originally appointed.
I enthusiastically second his
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Edward F.
Cox as a member of the Board of Trustees of
the State University of New York. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
5356
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Trustees of the State University
of New York, Thomas F. Egan, of Rye.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: I yield to
Senator LaValle.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Thank you, Mr.
President.
It's a pleasure to rise and move
the nomination of Tom Egan, who has been the
chairman of the SUNY Board of Trustees.
Mr. Egan has brought an enormous amount of
energy to his position, a commitment to
maintain access, to make sure that the State
University of New York be the finest public
institution in our nation. And Mr. Egan has
not missed one meeting of the Board of
5357
Trustees, I think 51 consecutive meetings in
attendance, and has traveled to 80 percent of
the 64 campuses in the SUNY system.
Again, the Governor should be
complimented on this appointment.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Are no other
members going to speak on this, Mr. Chairman,
Mr. President? That's all right. I thought
there'd be other members.
Mr. President, I rise -- I voted
against this nominee in the Finance Committee,
as I did against the other two. It is no
reflection on their qualifications,
Mr. President. These are three eminently
qualified people.
My concern is the future and the
direction of the State University of New York.
I was one of those who four or five years ago,
when we raised tuition, who expressed an
enormous concern about continued accessibility
of the State University. I was one who said
that it was somewhat insensitive, if not
inappropriate, that in the midst of a huge
5358
fight over raising tuition, the SUNY Board of
Trustees -- and perhaps, as one of the
witnesses properly pointed out, with a better
recollection than mine, maybe not at the same
time but at a roughly comparable time -
doubled the salary of the chancellor of the
university. While we were fighting over
whether or not to increase the value of TAP,
while we were fighting over part-time TAP, the
SUNY board virtually doubled the payment to
its most prestigious position.
I understand the logic that says we
have to pay more for the people at the top, to
get top quality. I would suggest there's
another argument that says we have to invest
more at the bottom so that we get the best
quality education at the bottom as well, that
this is an institution in which bottom line
means exactly that -- it's the people in the
seats, it's the people who are getting
education in the schools that's most
critically important.
And I thought it was somewhat
inappropriate at that critical time, while
we're debating about what goes on in the
5359
classroom and how we're going to get more
people in the institution and make it
affordable, the trustees doubled the salary of
their chief executive officer.
I've also been concerned about the
advocacy in the SUNY board. It seems to me
that at a time when the debate is over the
future of the TAP program -- and as one of
witnesses today in the CUNY system properly
pointed out, managing TAP -- that is, how much
TAP we should have available, should it be
available for just 15 credits or should it be
available for 12 credits, should it be
available for remediation -- while this debate
about the future of the TAP system has gone
on, the SUNY Board of Trustees has been
deafening in its silence, in its silence.
And I would just suggest that those
who want to be advocates for the SUNY system,
it's not enough just to manage the finances,
it's not enough just to build the buildings.
It's not enough just to establish the
protocols for education. It's making sure
that the children, the adults, the young
adults in this state have the access to
5360
quality education, that they can afford it.
That should be the bottom line for the SUNY
Board of Trustees.
I know that that vision of the SUNY
board may not be widely shared in this
chamber, but it is mine. And it is my hope
that these three gentlemen we are sending to
the SUNY board will take that sense of
advocacy for students, that they are the top
priority of this system, that this system will
be judged by the quality of the people it
produces and not by any other factor. That's
the bottom line.
And my concern is, Mr. President, I
didn't hear enough to satisfy this advocate
for SUNY that that would happen. I hope it
changes. I hope the direction is new. I
continue to applaud their ability to control
expenses and make other changes. But until I
see the bottom line is an advocacy for the
students in this system, I will continue to be
concerned, and my only resort is to vote
against these nominees. And I do so today.
ACTING PRESIDENT MEIER: Senator
Marchi.
5361
SENATOR MARCHI: I think that
certainly anything that Senator Dollinger says
deserves great audience and should be weighted
very carefully. But there is a bit of
background.
I remember when we had Cliff
Wharton as chancellor of the State University.
He had come from Michigan, came out here, and
there were -- the salaries were going up all
over the country, and he was at a much lower
base. He finally left, and when he left, he
left for more lucrative circumstances. And I
don't think it was just in the pursuit of
money or anything, but it -- there is a
perception, there is a scale of values.
And when we recognize the fact that
this is the largest public university in the
world, in the world -- and the chancellors
then were grossly underpaid. I think we're in
the position now where these people have
responded to that and made corrections that
were desperately and urgently needed.
With that, I don't think Senator
Dollinger has wasted his time, because he's
also saying, look, be very careful about this
5362
subject, because there are other
considerations that may be bypassed. And in
raising that, I compliment him.
But I saw just when the opposite
was true. We just did not recognize the
value, and there was a growing, perceptible
reluctance to accept high responsibilities for
the -- this great institution covering so many
facilities that it was plainly working against
the public interest.
So I believe these people are on
the side of -- they're right. And with
Senator Dollinger's admonition, I think we can
proceed more prudently in the future. I
vote -- I urge an affirmative vote.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Thomas F.
Egan as a member of the Board of Trustees of
the State University of New York. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
5363
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Trustees of the State University
of New York, Nelson A. Rockefeller, Jr., of
Tarrytown.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
again, it's a pleasure to yield to Senator
LaValle for another fine nomination today.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Thank you very
much. Thank you, Mr. President.
Let me begin my remarks by again
complimenting the Governor on this very, very
fine appointment. Nelson A. Rockefeller, Jr.,
demonstrated both in the Higher Education
Committee yesterday and again today in the
Finance Committee that in a very short time in
his life that he has a dedication to public
involvement and also to use his experience in
the private sector that will be very, very
5364
helpful in his sitting on the SUNY Board of
Trustees.
Once again, Mr. Rockefeller
articulated the importance of access, the
importance that students have the financial
help, based on their need, in order to fulfill
their dream of obtaining a higher education.
And I think -- to use his own words, both
yesterday in Higher Education and again today
in the Finance Committee -- he said that
education is a key for a society and its
members to enjoy the happiness and pursuit
that our very system of government gives to
its citizens.
I move this nomination,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you,
Mr. President.
I also rise to join Senator
Stafford and Senator LaValle in support of
this nomination. Nelson A. Rockefeller, Jr.,
as we all know, follows in a splendid
tradition established by his father, who as
5365
governor really established the SUNY system
here in New York State as we know it today.
Nelson Rockefeller, Jr., was
educated at Dartmouth, took his M.B.A. at
Columbia. He is dedicated and experienced in
public service. Worked in Washington in the
Office of Budget Management, worked for
Senator Dole as Majority Leader, traveled with
him across the country.
Here in New York State, he has been
totally committed. He has been part of the
New York State Legislative Commission on
Expenditure Review, New York State Taconic
State Park Commission, Recreation and Historic
Preservation Commission, and the New York
Zoological Society. He's a member of the
Conservation Fund and a national trustee of
the San Antonio Museum of Art. He has a love
of the outdoors and outdoor activities,
especially fly fishing and hiking.
On behalf of my colleagues in the
Senate, I join all of you in wishing you well
as you accept the tremendous responsibilities
on the SUNY board, and know that your
dedication, commitment, and experience, with
5366
the others, will continue to provide the
leadership that is necessary to the SUNY
system in New York State, to maintain its
position and to grow.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you,
Mr. President. I rise to second the
nomination of Nelson Aldrich Rockefeller, Jr.
You know, anybody who was at the
Finance Committee meeting had to be impressed
with his enthusiasm, his energy and so forth.
I said that -- Senator Bruno said it, we
wouldn't have a State University if it wasn't
for Governor Nelson A. Rockefeller. He built
the finest university system -- and I happen
to be part of it as a professor -- in the
nation, if not the world.
And it's certainly appropriate that
his namesake and his son serve on the SUNY
Board of Trustees, because I'll tell you, you
can be sure that he'll bring a commitment to
the State University of New York and a
commitment and the energy that can only be
5367
exhibited by his heritage. Let me pay him the
highest compliment that I can. He's his
father's son.
ACTING PRESIDENT MEIER: Senator
Goodman.
SENATOR GOODMAN: Mr. President,
I've had the pleasure and the privilege of
knowing Nelson Rockefeller since he was
knee-high to a grasshopper. And at this
moment he has achieved a degree of stature in
his own right which deserves to be described
quite irrespective of his father's towering
reputation as one of the greatest governors
this state has ever had.
Nelson Rockefeller has had an
enormous personal development program in which
he has been involved, as Senator Bruno has
pointed out earlier, in many significant
responsibilities, both at the federal and at
the state level. He's an extraordinary
individual with a rare capacity to work well
with people. He's highly intelligent and very
well motivated, and he carries a form of
effervescent enthusiasm, which is a rare and
delightful human quality, in everything that
5368
he does.
I've known him intimately for many,
many years and feel that there is no way in
which I can possibly adequately describe to
this chamber the qualities which he will bring
to his position of responsibility in this very
significant new job. The State University
needs good leadership, and it particularly
needs youthful vigor, and both of these are
qualities which Nelson Rockefeller will bring
in abundance.
He is an outstanding individual.
He has every right to be very proud of his
heritage. But he also has a right to feel
that he has etched out for himself, through
his own hard work and accomplishments, the
right to our respect as an individual who
stands on his own two feet with enormous
future potential. One day I hope to be able
to call him Governor Rockefeller as well, and
if I do, it will be because he deserves it and
not because of his father's illustrious past.
Thank you.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
5369
SENATOR OPPENHEIMER: Nelson
Rockefeller and his family are constituents of
mine and I must say have contributed mightily
to the environment of our county, Westchester
County. And I have to congratulate Nelson on
having just received his M.B.A. from Columbia,
which is where I got my M.B.A. And it's
wonderful that he went back to school after
about a decade being out of school.
And the prepared statement that was
made in the Finance Committee meeting just now
shows that he comes well organized, well
thought -- his statements are well-thought
through.
Personally, he is a very outgoing
person, and I think that is very significant
in dealing with all different types of people
that will be part of his responsibility, and
with all different age groups, which is also
part of the responsibility.
His background gives him a very
fine understanding of financial issues. And
this is just one point I would like to urge
him to pursue. That is that education, there
really isn't a bottom line -- like in public
5370
service and in government, there really isn't
a bottom line such as we see in business. And
the bottom line really is how fine is the
product that is produced. And in this case,
it's how well are the students educated and
can they go on to be contributing members of
society.
I am very concerned about our SUNY
system. I see a Board of Trustees that has
focused, in my opinion, almost exclusively on
trying to contain costs, which have led to
enormous cutbacks in the number of professors
teaching in the SUNY system; therefore,
putting students in the position of not being
able to access the courses that they need in
order to complete their education in a timely
fashion.
I think that we have a great
system -- or maybe I should say we had a great
system -- in our university system of New
York. And I'm looking to people like Nelson
Rockefeller to restore it and provide the
necessary funding that is required to maintain
a school system of this stature.
I congratulate Nelson Rockefeller.
5371
I know he will do a fine job.
ACTING PRESIDENT MEIER: Senator
Seward.
SENATOR SEWARD: Thank you,
Mr. President.
I'm honored and pleased to have no
less than five SUNY campuses in my district in
addition to the statutory colleges at Cornell.
And I know firsthand what the SUNY system
means to the people of this state. Certainly
to our educational values, our cultural
values, and also firsthand, in my district,
what it means to our economy of our state.
It's a tremendous engine that helps to drive
the economy. I know in my area and across
this state, it's a tremendous resource for the
people of New York.
And I can recall growing up in the
Oneonta area when Governor Rockefeller, it
seemed he would visit about once a year to
dedicate a new building at the SUNY Oneonta
campus. And I know firsthand what Governor
Rockefeller meant to the nurturing and the
building up of the SUNY system.
And today I'm honored and pleased
5372
to stand to support the confirmation of Nelson
Rockefeller, Jr., who I know, from what I've
learned through this confirmation process and
reviewing his background and listening to his
presentations, both at the Higher Education
Committee yesterday and at the Finance
Committee today, I know is going to make a
tremendous contribution as a member of the
Board of Trustees of the SUNY system and help
the SUNY system to soar to even greater
heights.
Congratulations, Mr. Rockefeller.
I congratulate you and the Governor for this
fine choice.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: I also am
standing to support this nominee. And I would
like to mention something to him that I did
briefly before.
Both SUNY and CUNY are sensitive
membranes, Mr. Rockefeller, and they rest upon
the trust that is engendered between the
members of the Board of Trustees and the
permanent faculty and the students as well as
5373
the administrators of the campus throughout
the system. It is, as you know, one of the
crown jewels of the state of New York. It's
the largest public university in America.
Now, Article 10, Section 4, and
Article 7 in Title A mandates that in
promulgating general educational policy that
this be done in conjunction with the
administrators at the various campuses and
with the faculty as well. And I was concerned
when I read a statement by an individual that
I have a very high regard for, and I know that
Senator LaValle does as well, President
Shirley Kenny, Strum Kenny, of Stony Brook,
previously of Queens College. She said she
had no input whatsoever in this process. Now,
that gives me great concern.
Also, there was another statement
made by Karen Hitchcock, who is the president
of another bright jewel in the SUNY campus,
and that's the campus here in Albany. And she
had said in the adoption of the core
curriculum she was not directly involved. But
even more than not being directly involved,
she went further. She said that she does not
5374
know how they would have the supportive
services or the funding for the freshmen
students when this goes and becomes a reality
and implementation.
So I implore you, as a new member
of the SUNY Board of Trustees, please involve
the permanent educational community, the
faculty that has a strong union -- and there's
a need for that union. And as you know, the
union has serious problems with the -- some of
the trustees. I implore you to work with the
official representatives of the union, the
President's Conference of the three-tiered
unit of SUNY, as well as the students.
I am hopeful that you will do that,
and I support your nomination.
ACTING PRESIDENT MEIER: Does any
other Senator wish to be heard on the
nomination?
The question is on the confirmation
of Nelson A. Rockefeller, Jr., as a member of
the Board of Trustees of the State University
of New York. All those in favor signify by
saying aye.
(Response of "Aye.")
5375
ACTING PRESIDENT MEIER: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT MEIER: Nelson
A. Rockefeller, Jr., is confirmed as a trustee
of the State University of New York.
Mr. Rockefeller is with us in the
gallery. We congratulate you and wish you
well with your important duties,
Mr. Rockefeller.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As Commissioner
of Taxation and Finance, Arthur J. Roth, of
Albany.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
it's a pleasure -- and, you know, I keep
saying this, but it's a pleasure to say it,
because it's true. Another fine nomination.
And we yield to the Senator from Manhattan,
Senator Goodman.
SENATOR GOODMAN: Thank you,
5376
Mr. Chairman.
Mr. President, I'm very pleased
indeed to place in nomination today before
this body the name of Arthur J. Roth, to
become the Commissioner of Taxation and
Finance of the State of New York.
Commissioner Roth has been in an
acting capacity for several months, and in
that capacity we've had the opportunity to
hear from him in both a public hearing format
and within the committee for a very close
questioning on a number of policies relating
to taxation and finance.
Let me say that Commissioner Roth
shows a remarkable understanding of the need
to work closely on behalf of the taxpayers of
the State of New York, rather than in an
adverse position to them, and in that regard I
think his sensitivity is highly appreciated by
all of those who have had the opportunity to
work with him.
Commissioner Roth's education is
substantial. He got his bachelor of science
degree from Syracuse, attended the University
of Pittsburgh Graduate School of Business. He
5377
is a certified public accountant, senior
consulting director of Coopers & Lybrand,
previously, a director of the Financial
Services Advisory Practice of Upstate New
York, and a founder and managing director of
Roth Nobis & Company, P.C., from 1968 to 1992.
He's had over 30 years of
experience in public accounting. The clients
he has served include high technology,
manufacturing, professional practice,
retailing, and nonprofit organizations. And
he's a member of every major certified public
accounting organization which is greatly
respected here in the East in the United
States. He's also acted as chairman of the
Special Commission on Tax-Exempt Property for
the City of Albany and in a wide variety of
other specific responsibilities related to his
specialization and expertise.
Now, Mr. President, let me say that
in Commissioner Roth we're very fortunate to
have someone who's both scholarly and
profoundly versed in the work that he does,
but also who's a mensch. That word, as you
know, is an accounting term which means a good
5378
guy and a guy who understands the problems of
people, little people and big people alike.
Commissioner Roth should be highly
respected for the work he's now doing to try
to rationalize some of the absurd things which
have crept into the sales tax which, for
example, permit sales tax to be levied against
adult diapers but not baby diapers, things of
that sort which we've gone into in
considerable detail. The Commissioner shows a
very definite inclination to reform the Tax
Code where needed and to enforce it vigorously
where that's appropriate.
And for all of these reasons, I
present his name to you with both enthusiasm
and a certainty that he will carry out this
sensitive job with great efficiency and
effectiveness for all the taxpayers and the
public of the State of New York.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Thank you,
Mr. President.
Again, I rise to commend the
Governor for the appointment of Arthur Roth to
5379
succeed Mike Urbach, another fine
commissioner.
Art Roth is from Albany. And
through the years, when you mention the Roth
family generally, and Arthur specifically, you
talk about integrity, intelligence and
commitment. All three of those values will
serve him well as Tax Commissioner. His
brother Howard has been a friend for 30 years,
who's also another fine member of our
community.
But again, a very, very fine public
servant who has the total background to serve
as Tax Commissioner. And I thank you very
much.
ACTING PRESIDENT MEIER: Senator
Markowitz.
SENATOR MARKOWITZ: Thank you
very much.
I'm in the unusual position of
having to stand or wanting to, in this case,
to commend our Governor. It's not -- it
doesn't come often to me, that's for sure.
But this is one example that I'm absolutely
thrilled to commend the Governor, because our
5380
new commissioner has always done the work in
this department. In fact, his predecessor,
who was a tremendous commissioner, when
anything had to be done, it was always "Call
Arthur," and Arthur got it done.
And he is a one hundred percent
professional. I can't imagine anybody in this
state that the Governor could have asked to
serve better than our new commissioner, Arthur
Roth. I know he will serve with distinction.
I know that the members of his staff respect
him enormously. The industries that he works
with closely respect him, and the consumers,
the taxpayers.
It's not the happiest department
for taxpayers, that's for sure. But one thing
we know is that if you have a problem and you
go to the Tax Department, under his leadership
you'll be heard, it will be reviewed fairly,
expeditiously, honestly. Whichever way it
comes up, you know you've been given a fair
shake.
And so I commend the Governor on
this particular appointment and also
congratulate Arthur and his family.
5381
And all I can say is good luck and
mazeltov.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: I rise to second
the nomination of Arthur Roth.
You know, we're very fortunate to
have people of this quality and with this
background to be able to serve in public
service. And certainly the Department of
Taxation is one of the most sophisticated and
busiest agencies we have. And to have
somebody at the helm of it like Arthur Roth,
who has been very active also with the state
campus at SUNY Albany and teaching accountants
and so forth, the high esteem that he is held
by his entire profession is truly a tribute to
him.
I wish you well. We're fortunate
to have somebody as gifted and as capable
heading up this very important agency. Good
luck to you, Arthur.
ACTING PRESIDENT MEIER: Any
other Senator -- Senator Onorato.
SENATOR ONORATO: Mr. President,
5382
I too rise to join my colleagues in commending
the Governor on his wonderful nomination. I
know Arthur Roth has been a hands-on
individual who has the experience over the
years as second-in-command of the Tax
Department, and I know he's going to do an
outstanding job.
And I hope one of the first things
he does as the new Tax Commissioner is to
review the records and find out if there's any
of these Senators or Assemblymen who haven't
gotten paid, have any tax money coming to
them, and make sure that they get it
posthaste.
Congratulations and good luck to
you, Arthur.
ACTING PRESIDENT MEIER: Senator
Mendez.
SENATOR MENDEZ: Thank you,
Mr. President.
I also rise to commend the Governor
for the appointment of Mr. Arthur Roth as the
Tax Commissioner. Everybody knows of his
intelligence. Everybody knows about his
dedication. I can vouch for the fact that
5383
whenever I have had problems, constituents of
mine with problems in terms of taxes, that
I've been able to call, he's been accessible,
and he has been very fair in reviewing my
constituents' problems.
So he is a great appointment, and
we all do appreciate it enormously. Thank
you.
ACTING PRESIDENT MEIER: The
question is on the confirmation -- I'm sorry,
Senator DeFrancisco.
SENATOR DeFRANCISCO: I just want
to clarify one thing that many might suspect.
I just want to make certain that people know
that the Senators that stood up to speak do
not have problems with the state tax
commissioner.
It's simply that they are making
sure that we recognize the great work that's
been done over the last four years and the
great work that no doubt is going to take
place in the future under Arthur's leadership.
We -- there really has been a change in the
way the Department of Taxation has worked over
the last few years. Constituents that used to
5384
call me claiming they couldn't get any kind of
responses, let alone a good or a bad one, are
very pleased with the fact that the department
is so responsive and we're able to at least
get issues resolved on a timely basis. And
usually they're pleased with the fairness of
what had happened, even though maybe they have
to pay a little more tax.
So congratulations on the work
you've already done, and congratulations on
taking over the helm. And I'm sure things are
even going to get better.
ACTING PRESIDENT MEIER: Does any
other Senator wish to be heard on the
nomination?
The question is on the confirmation
of Arthur J. Roth as Commissioner of Taxation
and Finance for the State of New York. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: Arthur
J. Roth is confirmed as Commissioner of
5385
Taxation and Finance of the State of New York.
(Applause.)
ACTING PRESIDENT MEIER:
Commissioner Roth is with us today in the
gallery. He is joined by his wife, Nancy, by
his daughter Amy Hoffman, his daughter Laura
Roth, his brother Howard, and his
sister-in-law Judith.
Commissioner Roth, we wish you
well. And I don't have any tax problems
either, but good luck with your duties.
The Secretary will continue to
read.
THE SECRETARY: As Commissioner
of Health, Antonia Coello Novello, M.D., of
Washington, D.C.
SENATOR STAFFORD: It's a
pleasure, Mr. President, for this outstanding
nominee, to yield to Senator Bruno on this day
of such outstanding nominees.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you,
Senator Stafford.
Mr. President and colleagues, I'm
5386
very, very happy to be on my feet echoing the
sentiments of Senator Stafford that today we
have some of the most dedicated, conscientious
public servants before the Senate that will be
serving the people of this state. And
Dr. Novello is certainly in that category.
She has dedicated herself through
her entire life helping people, those in need,
especially as relates to proper health care.
She was a pediatrician in private practice, so
she knows what that world is all about. She
distinguished herself by being the first
woman -- Hispanic? Puerto Rican? Thank you
all -- Surgeon General in the United States,
appointed in '89 by President Bush.
Prior to serving as Surgeon
General, Dr. Novello was with the U.S. Public
Health Service and the National Health
Institutes. From '93 to '96, Dr. Novello
served as Special Representative for Health
and Nutrition to the United Nations Children's
Fund, where she advised UNICEF's executive
director on issues pertaining to women,
children and youth. Most recently, she has
been a visiting professor of health policy and
5387
management at Johns Hopkins University School
of Health Sciences.
Dr. Novello's background and her
world-class credentials truly speak for
themselves. Not only does she have the
experience to be New York's Health
Commissioner, but she has the compassion and
the dedication to be one of the best health
commissioners New York State has ever had.
We're extremely fortunate that she
has chosen to come to New York, and I strongly
support her nomination.
ACTING PRESIDENT MEIER: Senator
Hannon.
SENATOR HANNON: Thank you,
Mr. President.
I rise to support this nomination.
Dr. Novello was nominated by the Governor
towards the beginning of this month. And in
the brief time I've had a chance to converse
with her, to go through hearings with her, I
can recite to you that her knowledge about the
issues, her breadth of experience, her
intellect, her ability to not only address
questions that have been, that I would say
5388
with understatement, extensive questions, but
to explain well and very clearly and
succinctly to those asking the questions why
she comes to the conclusions, how she comes to
the conclusion, and frankly has used this
process to educate all of us in a very welcome
manner.
I have found her to be very
knowledgeable about all aspects of health
care. I welcome her coming from Washington,
because so many of the regulations, the
financing, the policies that now affect this
state start there. Or actually they adopt
what we have begun, but we have to make sure,
when it comes back in a boomerang, that it's
palatable. Such as what happened with the
children's health program starting here in New
York, adopted by Congress, but as we went
through the regulations we had to make sure
that the good things we had established were
able to continue.
The fact that she did her medical
training outside New York is also a welcome
breath of fresh air. We have some great major
academic research medical centers here in New
5389
York, but, you know, we don't exist alone as
an island. So that, I think, is something
welcome.
I can tell you that through the
long hearing we had yesterday in the Health
Committee, from what I'm told happened in
Finance today, and from the meetings that
Dr. Novello went through in getting acquainted
with members of this Senate on both sides of
the aisle last week, that she has addressed
every issue I think there is to address. The
outstanding public health issues -- smoking
behavior, wellness, specific questions about
delivery of service such as managed care,
school-based health clinics, questions of
breast cancer, AIDS confidentiality -- all of
these things were asked of her. And even the
one topic of reproductive rights, which she
addressed forthrightly in her statement to
both committees, and I think has impressed
everybody with how she's able to articulate
her positions.
So it is with great pride that I
join, and I know that there are many others in
this house who join in looking forward to
5390
working with her. All of us have many issues
that we hold individually that we want to
champion, and I think that this is an
individual who will be able to help us, guide
us, and focus those efforts in a productive
manner.
ACTING PRESIDENT MEIER: Senator
Waldon.
SENATOR WALDON: Thank you very
much, Mr. President. I am privileged and
pleased to rise to second the nomination of
Dr. Antonia Coello Novello.
This is a brilliant move by the
Governor. He has not only brought to our
health care situation here in New York someone
of national stature but someone of
international stature. A lady who has a
45-page resume and 32 honorary degrees can be
characterized as a Renaissance woman, as an
icon, as a legend in her own time. And the
Governor's brilliance is he has taken this
person of such stature and convinced her that
she should come here to New York State and to
do right by our health care system, to be an
innovative leader at this time in the history
5391
of New York State.
She is brilliant, and obviously
this move is brilliant on his part. I applaud
him. I applaud her. I think nothing but
naches -- and some of us in the room
understand that -- can come from this
appointment. This is a super, super move by
our Governor to bring a super, super
professional, a lady of great stature to our
state. I welcome her. I wish I had a health
problem I could discuss with her, but I don't
at the moment.
But thank you for accepting this
position, Doctor. I am sure that nothing but
goodness will come of your appointment. And
again, I applaud the Governor on his
brilliance.
Thank you very much, Mr. President.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: Mr. President,
we heard earlier mention of -- that she was a
Latino, and a Latino includes Senator Bruno
and myself, because Latino is the translation
for Latin, and we are both Latins. So I was
5392
very much cheered.
But then when I heard that she
had -- she started out as a pediatrician,
which is a long way from where I am today.
And her solicitation and care that she
lavished in her studies and dedication to
children, fine. But, you know, where does
that leave me? I'm -- I feel like a yearling,
but actuarial experts tell me that I'm a long
way down that road. And I just wanted to know
whether she had the same sensitive feeling for
the gerontologists. In the preparation of
people who are going through their medical
training, the nonprofessional and all those
who are in the health delivery system realize
that the changing demographics of our
population entails special challenges that are
certainly going to be very pressing and dire.
She is the -- the past is prologue.
I believe Senator Waldon pointed out the many
assets and facets of her development. They
are all reassuring. That she cares about the
whole person that -- the holistic approach to
health generally, applying it in a very
conscientious manner to specifics, I think
5393
augurs well for the kind of service that she
will be rendering.
So I do hope and pray with all my
heart that, Antonio Novello, buena suerte -
all the best to you. And let us hope for
unanimous expression by this great body here
that our hopes and aspirations go with you.
And we pray for your success, because you have
all the elements that spell out the
truthfulness and the accuracy of the objective
that we have and that -- and the expectations
which we behold in you.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you,
Mr. President.
Mr. President and my colleagues, I
rise to echo the comments of my previous
colleagues who have expressed praise and
admiration for this wonderful appointment.
It's not often I agree with my good friend
Senator Waldon. It seems like we're agreeing
on more and more lately, Senator -- I mean
Judge.
This body has had the opportunity
5394
to review the qualifications of many
appointments through the years. But I daresay
of all the appointments that we have ever
reviewed, none has come to the position with
such a depth of qualification, such a broad
breadth of experience, and experience and
qualification recognized by so very many.
I have the honor of representing in
my district the place where I was born, Seneca
Falls. And Seneca Falls houses the national
Women's Hall of Fame. That Hall of Fame is
dedicated to recognizing the contributions of
women throughout American history, icons of
strength, of leadership, like Elizabeth Cady
Stanton, Lucretia Mott, women who stood very
tall to bring rights to women, like Susan B.
Anthony.
Among those recognized as true
American heroes is the nominee of Governor
Pataki, Dr. Novello. Dr. Novello is
recognized to be a member, to be an honoree,
to be one given tribute by the National
Women's Hall of Fame. And she, involved in
her career as she has been, has that
recognition, one that is usually given long
5395
after a career is over.
We are very blessed to have
Dr. Novello decide to take on the challenges
of our health-care system in all the myriad of
issues that is considered by the Department of
Health. I would also say parenthetically that
during the interim period between
commissioners, Dennis Whalen has done an
excellent job in managing the day-to-day
operations of the Health Department. But we
are simply blown over by Dr. Novello's
qualifications and what she will bring to this
job.
I congratulate Governor Pataki for
finding a diamond here to run the most
important department in New York State
government. I congratulate him. I thank
Dr. Novello for taking on this challenge and
urge a resounding confirmation of this very,
very qualified individual.
ACTING PRESIDENT MAZIARZ: Senat
or Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
I've now interacted with
5396
Dr. Novello on three occasions -- once when
the chairman of the Health Committee invited
her to come and talk to me, which I greatly
appreciate; secondly, when she appeared before
the Senate Health Committee and I asked the
long litany of questions that again I
appreciate the chairman of the Health
Committee permitting me that opportunity; and
today in the Finance Committee.
I guess the best thing for me to
say is that when I read the press accounts or
when you first size someone up only by
reputation through the media, you develop an
impression. Whatever impression that had, in
the last three days, Doctor, you've done a
tremendous job, at least in my own experience,
of erasing whatever those impressions were on
the blackboard and writing in sort of clear
and very well defined letters a message about
your role as a physician and, more
importantly, as a public health leader.
And I stand here today -- I'm going
to vote in favor of this nomination with an
enthusiasm. And that's because there were
critical issues for the constituencies that
5397
are represented on this side of the floor, and
I think on all sides of the floor, and
critical questions were asked about personal
choices and women's reproductive rights. And,
Doctor, I'll tell you I -- we disagree on some
issues, but I respect the integrity and the
character which put you in a position to say
to us, "This is my personal view, this is what
I do as a public health teacher and leader."
And I respect that character that puts you in
a position where you make that definition and
take those roles and assume those
responsibilities. I think that's a testament
to your integrity.
I was also pleased in our
discussion about school-based health clinics,
which is, I know, a critical issue for many of
us who represent poor constituencies. I was
pleased to hear you say that we have to reach
out in our health-care system to some children
for whom school is their only contact, their
only connection with a society that says you
need health care, you need respect, you need
dignity. And that too often, if we turn them
away in the school context, we will leave them
5398
with none of those important not only health
connections but mental health connections and
societal connections.
I think your sensitivity on the
issue of HIV and AIDS and how do we deal with
the epidemic which has gone through so many
different changes already and faces so many
more in the future, your comment -- and I
never thought I'd say this on the floor of the
Senate -- that a condom is not enough, it's
not enough to just give someone a tool for
preventing spread of disease, it's equally as
important that we educate, we change opinions,
that we alter behaviors.
And that's the commitment of a
public health system, is not just to
necessarily provide the medicine, but provide
the education and the changes that are
necessary so that we change behavior and
create healthier behaviors.
I'd also say, Doctor, that in our
discussions about tobacco I will continue to
push for measures that will reduce the
incidence and the exposure of children to
tobacco. I believe that your record is
5399
outstanding on that issue.
And I would hope that at some
point, when we've explored those other options
that you talked about, maybe we'll look to
even increasing the cost of cigarettes in this
state by putting a higher tax on them,
something I know that is not easily digestible
to anyone in this room, not a favored option.
But maybe we'll look at that option and say
that's the final step. We've increased our
public awareness, we've promoted it through
ads, maybe we should raise the price as the
final step in trying to put an end to this
country's dependence upon tobacco products.
Doctor, I guess I can only say one
thing in conclusion. I have never been your
patient, but I can now understand how a
pediatrician with your skills has risen to
this level. Because I will be the first to
acknowledge that I may have been one of those
petulant little children that was unwilling to
take a shot when they were a little kid, but
you put me at ease, you've administered my
medicine, and I stand here today urging all of
my colleagues, since I got the medicine, I
5400
think it's been a good medicine, and I think
your medicine, your temperament, your
disposition, your obvious exuding compassion
will be the right thing for the public health
of this state. Godspeed.
ACTING PRESIDENT MAZIARZ: Se
nator Larkin.
SENATOR LARKIN: Thank you,
Mr. President.
I'm really honored that we're
standing here this afternoon finally
confirming the new Commissioner of Health.
And I want to congratulate Senator Dollinger
for getting the medicine as quickly as he did,
because I think that the presentation that
Dr. Novello gave to us yesterday was clear,
spread out, no holds barred about what she
felt we need to do in New York State, what her
credentials were in order to accomplish this.
Her knowledge was outstanding. I
for one didn't know that we had 2,000 cases of
tuberculosis. And I was surprised to see some
of my colleagues -- AIDS was the biggest
concern, but Dr. Novello had other areas of
concern and spelled them out for us. No small
5401
task.
Her knowledge of every aspect of
what we should be looking at, whether it was
the tobacco issue, whether it was early
prevention and what other things we could do
for our seniors that were asked by Senator
Maziarz -- and I thought that she wasn't just
prepared, she had the knowledge of what it
takes to be a Commissioner of Health and how
to carry on this function.
One of the questions was more of a
statement than a question. And I looked at
her in her response to Senator Montgomery, and
the response came clear to me as "I am willing
to listen to you because you are as important
as anybody is, in order that we carry out our
functions."
Somebody said about her
references -- I called a friend of hers -
more than one -- and he said, "You know, Bill,
I have to question her, what is the matter
with her, going to New York? You know, its
baseball players don't want to go there
because of the media." And I said, "But, you
know, we're lucky." He said, "Lucky? You're
5402
not lucky. You've got the commitment from the
finest in this country." Not the finest in
New York, the finest in this country.
You know, it takes a person with a
lot of energy, a lot of talent to take on such
a job as this. I commend you. You are the
right person, you are the right reason we are
here today. God bless you in your endeavors.
ACTING PRESIDENT MAZIARZ: Sena
tor Gentile.
SENATOR GENTILE: Thank you,
Mr. President.
And I also rise on the nomination
of Dr. Novello. While I will support this
nomination, I'm very pleased to hear that
during the nomination process Dr. Novello has
indicated that in regard to needle-exchange
programs that community support must be
demonstrated for needle-exchange programs to
work.
I just make note -- and I think
Senator Marchi knows -- that there's such a
waiver application on Staten Island. The
waiver application on Staten Island in my
estimation has not shown the necessary
5403
community support for that waiver to be
accepted and approved by the Department of
Health.
So while I support this nomination,
I remind Dr. Novello that that fight is still
to be fought and that decision is still to be
made, and the people of Staten Island have
voiced their opposition to the needle-exchange
program. Thank you.
ACTING PRESIDENT MAZIARZ: Se
nator Oppenheimer.
SENATOR OPPENHEIMER: Thank you.
I will be voting no, and I want to be making a
statement in doing this.
I do admire Dr. Novello. I found
her, in the Finance Committee meeting we had,
to be charming and articulate, direct, and a
brilliant woman, down to earth. My problem is
less with Dr. Novello, who I think is very
qualified in almost every area of public
health and women's health. What disturbs me
is that the Governor nominates the first
antichoice person to be Health Commissioner of
New York State since the passage of the Roe
versus Wade decision in 1973.
5404
And I do understand that
Dr. Novello says that this is a personal
feeling and that it would not be involved in
her professional decisions. My concern is
that Dr. Novello is a member of the Pataki
administration, and she may not withstand the
pressures directed to her by that
administration.
She supports strongly, if I hear
correctly, preventive measures to reduce the
need for abortion, which is the primary focus,
after all, of pro-choice advocates; that is,
to reduce the need for abortion by preventing
the need for abortion. She supports, I
believe, more funds for family planning
services, because the lowest rate of abortions
are in those counties where those services
exist. But will Dr. Novello advocate
forcefully enough for increased funding?
She supports sex education,
although in New York State we spend only a
pittance, $350,000, on sex education. And
will Dr. Novello be able to advocate for
increased funding forcefully enough? She
purports that health clinics that receive
5405
state and federal funding, that are the ones
also that are providing for abortion services,
that they will not be penalized. But will
Dr. Novello be able to advocate forcefully
enough for the increased funding where we have
not seen that funding increased in recent
years?
Dr. Novello supports school-based
clinics as the most direct method of providing
health services to our children. But will
Dr. Novello be able to advocate forcefully
enough for the increased funding? Many
low-wage working women cannot afford
prescription contraceptive costs. Will she
advocate for insurance coverage for
contraception?
These are serious concerns.
They're not only concerns for me, but they're
concerns for many pro-choice supporters. And
we do very much wish Dr. Novello the very
best, but I cannot support this nomination.
But I do sincerely hope that she will combat
the pressures brought to bear by the
Governor's office and work towards funding
appropriately the preventive services
5406
essential to reproductive health and to
reproductive freedom.
I wish Dr. Novello the best. She
will have the support of most everyone in the
chamber.
ACTING PRESIDENT MAZIARZ: Thank
you, Senator.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we ask for an immediate meeting of the
Rules Committee in Room 332?
ACTING PRESIDENT MAZIARZ: There
will be an immediate meeting of the Rules
Committee in Room 332. Immediate meeting of
the Rules Committee.
Senator Mendez.
SENATOR MENDEZ: Yes, thank you,
Mr. President. And I'll be very brief,
because I have to go to the Rules Committee.
But really, I believe Governor
Pataki has to be congratulated for having
submitted to this body a group of individuals
that are superbly qualified for the positions
that they have chosen to accept. And I tell
you I think that the jewel of the crown is in
5407
fact my friend Dr. Novello.
And to think that those that went
to hear her testimony were impressed with her
clear thinking, were impressed with her
devotion to public health for children, women,
and even seniors, like some of us are.
But anyhow, those who oppose her -
and everybody, of course, in a democracy is
entitled to decide on their own -- are doing
so, in my view, because they are a group of
lobbyists with a very well defined, narrow
point of view, is unable to see what is good
for New York State and is unable to see that
this woman with international fame, this
pediatrician that has been involved in the
area of public health for 25 years with an
excellent record of accomplishment, that those
groups are very narrow individuals unable to
see the treasure that we will be getting in
her for the -- as the Commissioner of Health.
But to each his own. And everybody
is entitled to their own belief. There are
small minds that at times are unable to
distinguish one thing from another.
So it is a great pleasure for me,
5408
Mr. President, to stand up on behalf and
support the nomination of this great woman
that deserves our respect and our appreciation
for taking over a job that is so very
important for women, children, and all
residents of New York State.
Thank you, Mr. President.
ACTING PRESIDENT MAZIARZ: Thank
you, Senator Mendez.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'd
like to raise a couple of points that I think
are important at this stage of the
proceedings.
And the first one is that, you
know, there is an initial impression that
people get from the first publication of
information about an individual who is either
going to run for public office or be nominated
for a position. And I want to commend Senator
Dollinger for indicating that he had that
first impression and took the time to learn
about the individual, learn about the person,
and determine himself, objectively, whether or
not the person was a suitable person for the
5409
particular job. And I commend him for
changing that initial impression.
Nowadays everybody is categorized
into conservative, liberal, this, that or the
other thing. Unfortunately, no one fits in
a -- or fortunately, no one fits in any
particular category. And to either -- to say
no to a nominee of this qualification because
they are fit into a specific category by
somebody else I think is a very sad situation.
Especially in this case, where we
have probably the most qualified person we
could possibly have in this position. She
knew the heat she was going to take. The
options that she has in her life to do
whatever she wants with these qualifications
are so plentiful, and she still decided she
wants to put up with the heat and take this
position despite this categorization.
She stated clearly in the Health
Committee what her personal opinion was and
stated equally clearly that she is here to
follow and administer a policy set by other
people, including the Governor and ourselves.
She's going to separate her personal opinions
5410
from the policy that's set by us and the
Governor. And I think it's extremely
important to separate personal feelings with
policy. And that's what she said she will do,
and no doubt she is a woman of her word.
I mentioned in the Health Committee
that I've been married to my wife for 31
years. I don't agree with her on everything,
and she certainly doesn't agree with me on
everything. But we've got a great
relationship, and we've had a great 31 years
and we hope for 31 more.
There is no candidate that can come
before this body for any particular position
that agrees with everybody on everything. But
to say no to a candidate of this stature is
just wrong. And I feel very strongly that
this nominee is going to be the best Health
Commissioner we've had.
There are so many issues. Senator
Oppenheimer mentioned all of these issues. I
mean, it just boggles the mind the issues that
she's going to have to deal with. She's going
to take that responsibility, and you know
she's going to do a phenomenal job from what
5411
her record was in the past.
So I wholeheartedly endorse this
nominee, and I congratulate the Governor. And
most importantly, I thank the good doctor for
being willing to take this job on. It's such
an important job at this time in our history.
Thank you, Dr. Novello.
ACTING PRESIDENT MAZIARZ: Sena
tor Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. Chairman.
I rise -- and it's interesting,
following my colleagues Senator Mendez,
Senator DeFrancisco, I suppose I have to plead
guilty to maybe being someone who puts people
in categories based on an issue that you all
know is tremendously important to me, which is
abortion rights. It's something that I've
worked on my whole adult life, it's something
that I've been devoted to since I was a
teenager.
And I must say that when I first
heard, along with other pro-choice advocates,
that the Governor was going to nominate
someone who is antichoice for health
5412
commissioner, I was upset, I was outraged,
everyone did all the things we've just been
accused of doing -- mobilized, said, "Oh, my
God, how can this happen in New York State."
And the reason for that is very
simple. It has nothing to do with the
nominee. It has to do with the fact that we
have a crisis of access to reproductive health
services in this state. In New York State
over the last ten years, the number of
providers has gone down, the number of medical
schools teaching abortion procedures has gone
down. Force and the threat of force are being
used every day to frighten doctors out of the
business and frighten women away from their
doctors. And many of us view that as a
crisis.
We have been unable this session to
move forward a clinic access bill, even though
the Governor purports to support that. So
when we heard he was nominating an antichoice
health commissioner, everyone was very upset.
I had the privilege, through
Senator Hannon's offices, of meeting with
Dr. Novello last Thursday. And I must say
5413
that after that meeting I called, you know,
the eight abortion rights groups that I'm
either a member of or on the board of and
said, "We may have this woman a little bit
wrong."
And in particular, I want to set
the record straight on something relating to
the gag rule, which is something that is more
offensive, probably, to abortion rights
advocates than anything else. It's a rule
that prevented doctors from honestly talking
to their patients about reproductive health
issues.
My strong impression, having met
with Dr. Novello privately and having heard
her in the Health Committee, is that this is
not someone who ever supported the gag rule.
And I went back and challenged my pro-choice
colleagues to go out and find a statement by
her in support of it. And I'm pleased to
report that they could not. So the issue of
disinformation may have something to it.
I have to say, though, that in a
state where there's a crisis, in a state where
we need, in my view, a very vigorous advocate
5414
for abortion rights, it's very hard for me to
believe that someone who sincerely and deeply,
as a matter of religion, is antichoice can be
such an advocate, that Dr. Novello has gone a
long way towards convincing me that I might be
wrong in her case.
And while I think that we have a
serious problem in this state, and a lack of
leadership, and I really have been put into a
quandary because of how impressed I am with
her in many areas -- I can't support a nominee
who is antichoice, but I have to tell you, I
think in this case I may be proved wrong. I
hope I'm proved wrong.
But if Dr. Novello's going to prove
me wrong, she's going to have to do it in
spite of the Governor. Because she's not
going to do it by just following his policies.
And I think it's time for those of us in the
pro-choice community to acknowledge at the end
of this session that the Governor has not
lifted a finger to pass a clinic access bill,
which he supposedly favors, he's not doing
anything to deal with the crisis in this
state. And I look forward to working with Dr.
5415
Novello to overcome that obstacle. The
problem really is not with her. And I have to
say that I'm pleased to have been able to
clear up some of the disinformation.
And I suppose maybe -- some people
were concerned that a website was created to
monitor what she's doing. The fact that
there's a website to monitor what she's doing
reflects the fact that the abortion rights
community largely stepped back from trying to
lobby to oppose her nomination and said we're
not going to be able to oppose this person,
we're just going to have to keep track of
them. If she's true to her word, then, you
know, more power to her.
I think she's done a very
impressive job here. And as I say, I hope
that she proves that she can accomplish all
the things that she's set forth, and that she
maybe can have an influence within this
administration to try and move things forward
on the issue of abortion rights in New York
State.
ACTING PRESIDENT MAZIARZ: Any
other Senator wishing to speak on the
5416
nomination?
Senator Connor.
SENATOR CONNOR: Thank you,
Mr. President.
I've reviewed, certainly,
Dr. Novello's credentials, and I am truly,
truly impressed with her professional
accomplishments, her professional credentials,
and her professionalism. And I have no
hesitation whatsoever in voting for this
nominee. I may disagree with her about
certain of her personal positions on public
policy issues, as opposed to personally held
views, but I know as a professional I accept
her word and have no doubt whatsoever she will
abide by the law and certainly, as all
commissioners do, abide by the policies set by
the elected governor.
And therefore, I'm delighted,
really, to vote in favor of this woman of such
great accomplishment. And I look forward to
her making a difference for New Yorkers.
Thank you.
ACTING PRESIDENT MAZIARZ: Any
other Senators wishing to speak on the
5417
nomination?
The question is on the confirmation
of Dr. Antonia Coello Novello as Commissioner
of Health. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ: Oppo
sed, nay.
(Response of "Nay.")
ACTING PRESIDENT MAZIARZ: Dr.
Novello is hereby confirmed as Commissioner of
Health.
Dr. Novello, on behalf of Senator
Bruno -
(Applause.)
ACTING PRESIDENT MAZIARZ: Dr.
Novello, on behalf of Senator Bruno and all my
colleagues in the Senate, we certainly want to
wish you well in what is going to be a very
difficult job. But we are absolutely certain
that you are up to the task, and we think that
the Governor has made an excellent choice.
Congratulations.
The Secretary will read.
THE SECRETARY: As a member of
5418
the Crime Victims Board, Joan A. Cusack, of
Brooklyn.
ACTING PRESIDENT MAZIARZ: Sena
tor Stafford.
SENATOR STAFFORD: On this very
fine day, another very fine nominee, joining
the nominees that were just mentioned who are
such outstanding nominees, as is Joan A.
Cusack, it's a pleasure to yield to the
Senator from Queens, Senator Maltese.
SENATOR MALTESE: Thank you,
Senator Stafford -
ACTING PRESIDENT MAZIARZ: Senat
or Maltese.
SENATOR MALTESE: -- I think
since one of the eminent trustees of the SUNY
system was a boxer, I think Senator Stafford
has reverted back to those days in his
introduction, and -
ACTING PRESIDENT MAZIARZ: Excuse
me, Senator Maltese.
Can we have just a little bit of
quiet in the house?
Senator Maltese.
SENATOR MALTESE: -- in his
5419
introduction in yielding to me. But I feel
that same enthusiasm in speaking on the
Governor's nomination of Joan Cusack for
reappointment to the Crime Victims Board.
I've known Joan many, many years,
both on a personal level and a professional
level. She graduated from a local high
school, went to Parsons School of Design, the
Fashion Institute of Technology, graduated
from Bay Ridge High School in Brooklyn. After
high school, she received many scholarships
and awards.
She has over 30 years of community
service, including teaching art to children at
risk due to abuse and violence. She has
volunteered in many, many programs assisting
unwed mothers and victims of domestic
violence, an experience that has stood her in
good stead as a member and chairwoman of the
Crime Victims Board. In addition, as a
community activist she worked very closely
with the police department, especially the
narcotics division, in helping young adults
who were victims of drug dealers and drug
abuse. She also served as our former
5420
colleague Senator Bill Conklin's
representative on the State Council on the
Arts.
From 1989 to her appointment on the
board, she was a special assistant to our
former legislative colleague, Guy Molinari,
and was a participant and a very active
participant in the development of the Crime
Victims Bill of Rights. She has numerous
years -- over six years in experience in the
field of law, serving as a staff member of the
former appellate court judge, Judge Moses
Weinstein, and 13 years prior legal experience
for a Brooklyn law firm, where she dealt
extensively in family court with the criminal
justice system.
She was appointed chairwoman of the
New York State Crime Victims Board by Governor
Pataki in December of 1996 after serving as a
member of the board for a year and a half,
from June of '95. She directs the activities
of the board in meeting its threefold mission:
providing compensation to innocent victims of
crime, advocating for the rights and interests
of crime victims, and providing grants.
5421
As chairwoman of the Crime Victims
Board, it is her goal to increase victims'
awareness of the services offered by the board
to assist in the expansion of victims' service
programs and to work with rape crisis
programs, elder abuse programs, domestic
violence shelters.
Mr. President, in short, Joan
Cusack has been absolutely exemplary in
fulfilling the duties of a member of the board
and as chairwoman of the board. But more than
that, in all my years dealing not only as a
Senator but prior to that, dealing with the
State Legislature, I have never seen a
chairwoman or a member of the board as active
in reaching out to victims of crime. I know
from personal experience in her reading of the
daily papers or reading, personal reading of
the correspondence that comes into the
board -- she's forever on the phone or
visiting with crime victims. She reaches out
to them, making sure that they receive their
full entitlement. This is a chairwoman who
does credit to this body, does credit to the
State of New York and does credit to herself
5422
and her family.
I am very proud to assist in the
nomination of Joan Cusack as a member and
chairwoman of the Crime Victims Board.
ACTING PRESIDENT MAZIARZ: Sena
tor Nozzolio.
SENATOR NOZZOLIO: Thank you,
Mr. President.
I rise to support this fine
nomination -- I should say renomination. As
Senator Maltese has so eloquently articulated
the qualifications of Commissioner Joan
Cusack, I only, as chairman of the Crime
Victims, Crime and Corrections Committee,
would like to echo those sentiments as well as
state that in her tenure as commissioner,
chairwoman of the Crime Victims Board, Joan
has brought the Crime Victims Board from the
Stone Age to the Information Age through her
efforts in computerization, in putting
together the clerical and other dynamics that
needed to be corrected in order to provide
adequate service to those who really need it,
those who have been the victims of criminal
action against them.
5423
As chairwoman, Joan has worked
tirelessly to push those very, very
important -- Mr. Chair, could I please have
some order?
ACTING PRESIDENT MAZIARZ: Can we
please have some order in the house.
Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Mr. President.
Again, let me reiterate Joan
Cusack's dedication and extreme, extreme
caring for the crime victims of our state.
She deserves renomination. I'm very pleased
that Governor Pataki took this step. And it
is my honor to support this fine nomination.
ACTING PRESIDENT MAZIARZ: Se
nator Marchi.
SENATOR MARCHI: I came in a
little late, Mr. President, because I was
attending a Rules Committee meeting. But I'm
delighted that we have not reached the final
punctuation on this nomination.
In addition to being beautiful,
she's a very, very effective public servant.
And those of us who know her on Staten
5424
Island -- and this precedes the more
general -- the more specialized study that she
is providing so effectively in her field of
endeavor, she was an executive assistant to
the executive borough president of Staten
Island. She assisted the honorable Moses
Weinstein of the Appellate Division in the
Second Department. And in addition to that,
in the borough president's office she
performed a myriad series of tasks
administratively, did them very, very well.
You can understand, Mr. President,
in a smaller community where you're required
to answer the bell on so many different
things, you don't have a lot of chiefs
presiding over an army of Indians, you've got
to be able to pick them all up and deliver if
you're going to be effective. And she has
done that with admirable perfection.
So I came in on the words that were
just made by my colleagues, and they rang so
true because she's in a -- an agency that was
designed to meet a need, and she feels that we
ought to do so more because she knows what the
need is. And she knows what the public
5425
commitment should be when we develop public
policy that requires our interest and concern.
So I'm very, very delighted to join
with my colleagues. It does reflect a great
deal of credit on the Governor and on the
process by which we are now about to hopefully
cast a unanimous vote in favor of this
wonderful lady. I know that she is going to
exceed our expectations, which are very, very
high.
Good luck.
ACTING PRESIDENT MAZIARZ: Sena
tor Hoffmann.
SENATOR HOFFMANN: Thank you,
Mr. President.
I too am delighted to rise to
second the nomination of Joan Cusack. I think
this is a very special individual for an
extremely difficult and vitally important
position before us today.
And I am reminded by Ms. Cusack of
the changes that we've seen take place in the
Crime Victims Board over the last few years.
And sadly, the need for this board continues
to grow. And it requires people who have an
5426
ability to understand with rare sensitivity
the needs of the victims of this state and to
keep meeting those needs.
Faced sometimes with increasing
pressure on the budget and a widening variety
of criminal activities, it's hard to keep a
good attitude, it's hard to be positive and
proactive about this job. It takes a very
special individual to both be caring for the
crime victims and willing to fight
bureaucratic red tape to make sure that the
services are delivered in an appropriate and
far-reaching manner.
One example of many in Joan's
tenure is the fact that she's personally
responsible for implementing a training
program with the State Police while they're in
the Academy so that they learn more empathy,
have a greater sense of awareness of what type
of victimization they will discover when they
go out into the field as state troopers.
She is also responsible for
bringing a great deal of victim assistance
into rural parts of this state, and for that I
am especially appreciative. Far too often it
5427
is difficult to deliver services of any kind
in rural areas. You can always take a little
pot of money and drop it in a large
metropolitan area and have a splash. Whether
it's housing or any other type of program,
there it is, voila, we've impacted on people.
But in a rural area, it's much harder to
deliver services of any sort, because the
people are so diffuse, there's no collective
voice to record the impact of such a service.
And with victims, it's even a
greater problem, because victims do not often
know how to express their own need and they're
therefore unable, frequently, to express the
need of advocacy to provide for future
victims. It takes someone to do that for
them. And for this we are fortunate to have
Joan Cusack in her important position.
I am delighted that she has been
nominated for another term, and I urge all my
colleagues to support her with enthusiasm, not
just today in the confirmation process but
during the tenure with this extremely
important job.
ACTING PRESIDENT MAZIARZ: Thank
5428
you, Senator.
Are there any other Senators
wishing to speak on the nomination?
Seeing none, the question is on the
confirmation of Joan A. Cusack, of Brooklyn,
as a member of the Crime Victims Board. All
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ: Opp
osed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: Joan
A. Cusack is hereby confirmed as a member of
the Crime Victims Board.
Joan, congratulations.
(Applause.)
ACTING PRESIDENT MAZIARZ: Joan,
on behalf of Senator Bruno and all of our
colleagues, congratulations and best of luck
to you in your position. Thank you.
The Secretary will read.
I'm sorry, Senator Oppenheimer.
SENATOR OPPENHEIMER: If I could
have unanimous consent to be recorded in the
negative on Calendar 1379.
5429
ACTING PRESIDENT MAZIARZ: With
out objection, so ordered.
The Secretary will read.
THE SECRETARY: As a member of
the Public Employment Relations Board, Michael
R. Cuevas, Esquire, of Schenectady.
ACTING PRESIDENT MAZIARZ: Sena
tor Stafford.
SENATOR STAFFORD: Thank you,
Mr. President. Again, a pleasure to yield for
these fine -- we have another fine nomination,
to the Senator from Schenectady.
SENATOR FARLEY: Thank you,
Senator Stafford.
ACTING PRESIDENT MAZIARZ: Se
nator Farley.
SENATOR FARLEY: My colleagues,
it's with a great deal of pleasure that I rise
to nominate -- urge the nomination of the
chairman, I must say, of the Public Employment
Relations Board, Michael Cuevas of
Schenectady.
Let me just say something about
Michael, who I consider a semiprotege of mine.
I've seen him rise through success in
5430
Schenectady. And let me just tell you a
little bit about his background. Michael is a
Puerto Rican with an Irish mother. Now,
that's a beautiful combination.
Michael pulled himself up by his
bootstraps, a graduate of Stuyvesant High
School in Brooklyn and New York University and
Albany Law School. Every job that he's had,
he's done and he's done it well. He was a
practicing attorney in the city of
Schenectady, a very successful practicing
attorney. He became the corporation counsel
for the City of Schenectady, with eight
attorneys and a budget of over a million
dollars. And I can recall members of the
press even saying to me what an outstanding
person and what an outstanding job that he did
there.
He was appointed as chairman of the
Unemployment Insurance Appeals Board, did such
a terrific job there. And the Governor's
office was so pleased with the job that he did
as head of the Unemployment Insurance Appeals
Board that he was appointed as chairman of
PERB, or the New York State Public Employment
5431
Relations Board.
Michael has been a success in
everything that he's done. And again, these
outstanding nominees that have come forward to
be confirmed today -- this is a reappointment,
but the reappointment has been based on merit,
it's been based on the fact that Michael
Cuevas has done an outstanding job.
And those of us in the Senate and
everybody in New York State that has dealt
with PERB knows that you've done a great job,
Michael. We're very proud of you.
Congratulations to you, and my congratulations
to the Governor for recognizing quality and
reappointing you as chairman of the board.
ACTING PRESIDENT MAZIARZ: Thank
you. Any other Senators wishing to speak on
the nomination?
The question is on the confirmation
of Michael R. Cuevas, of Schenectady, as a
member of the Public Employment Relations
Board. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ: Opp
osed, nay.
5432
(No response.)
ACTING PRESIDENT MAZIARZ: Michael
Cuevas is hereby confirmed as a member of the
Public Employment Relations Board.
Mr. Cuevas is joined here with us
in the chamber by his wife, Judith, and
mother, Mary.
On behalf of Senator Bruno,
congratulations and best of luck. Thank you.
(Applause.)
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: As a member of
the New York State Olympic Regional
Development Authority, Jack Shea, of Lake
Placid.
ACTING PRESIDENT MAZIARZ: Senator
Stafford.
SENATOR STAFFORD: Move
confirmation, please.
ACTING PRESIDENT MAZIARZ: The
question is on the confirmation of Jack Shea,
of Lake Placid, as a member of the New York
State Olympic Regional Development Authority.
All in favor signify by saying aye.
5433
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ: Opposed,
nay.
(No response.)
ACTING PRESIDENT MAZIARZ: Jack
Shea, of Lake Placid, is hereby confirmed as a
member of the New York State Olympic Regional
Development Authority.
The Secretary will read.
THE SECRETARY: As a member of
the Capital District Transportation Authority,
Joseph Parillo, of Schenectady.
ACTING PRESIDENT MAZIARZ: Senator
Stafford.
SENATOR STAFFORD: Move
confirmation, please.
ACTING PRESIDENT MAZIARZ: The
question is on the confirmation of Joseph
Parillo, of Schenectady, for appointment as a
member of the Capital District Transportation
Authority. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
5434
(No response.)
ACTING PRESIDENT MAZIARZ: Joseph
Parillo is hereby confirmed as a member of the
Capital District Transportation Authority.
The Secretary will read.
THE SECRETARY: As a member of
the Genesee State Park, Recreation and
Historic Preservation Commission, Peter G.
Humphrey, of Warsaw.
ACTING PRESIDENT MAZIARZ:
Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT MAZIARZ: The
question is on the confirmation of Peter G.
Humphrey, of Warsaw, as a member of the
Genesee State Park, Recreation and Historic
Preservation Committee. All in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: Peter
G. Humphrey, of Warsaw, is hereby confirmed as
5435
a member of the Genesee State Park, Recreation
and Historic Preservation Committee.
The Secretary will read.
THE SECRETARY: As a member of
the Saratoga-Capital District State Park,
Recreation and Historic Preservation
Commission, Carl V. Wortendyke, of Upper
Nyack.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT MAZIARZ: The
question is on the confirmation of Carl V.
Wortendyke, of Upper Nyack, as a member of the
Saratoga-Capital District State Park,
Recreation and Historic Preservation
Commission. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: Carl
V. Wortendyke is hereby confirmed as a member
of the Saratoga-Capital District State Park,
Recreation and Historic Preservation
5436
Commission.
The Secretary will read.
THE SECRETARY: As members of the
board of directors of the New York Convention
Center Operating Corporation, Mary A. D'Elia,
of New York City, and Eric M. Javits, Esquire,
of New York City.
SENATOR LACK: Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Lack.
SENATOR LACK: Thank you,
Mr. President.
I would like to rise very briefly
just to note the confirmation of Eric M.
Javits as a director of the New York
Convention Center Operating Corp. I rise
because Eric Javits was my first boss after I
graduated from law school, and he was a
partner in Javits & Javits, and he hired me as
an associate in the firm. And that was more
years ago than I care to think about. But
Eric and I see each other every so often. He
is still a very old friend. And I just rise
for a moment to remember fondly the days of my
first years out of law school as an associate
5437
of Javits & Javits and my old friend Eric
Javits, and to congratulate him on his
appointment as a director of the Convention
Center Operating Corp., and certainly a
worthwhile appointment for a very good
attorney in New York City.
ACTING PRESIDENT MAZIARZ: Any
other senators wish to speak on the
nomination?
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I'm rising to speak on the
nomination of Mary D'Elia for the board of
directors of the New York Convention Center.
She is a long-time community
activist in the community around the
Convention Center. And I think it's wonderful
for those of us who are concerned about the
operations of that enterprise to see someone
who's not just such a fine person, but someone
who is so knowledgeable about the issues that
arise in the community in connection with the
operations of the Javits Center. I'm very
pleased she is being reappointed, and I'm
pleased to rise in support of her nomination.
5438
ACTING PRESIDENT MAZIARZ: Any
other Senators wishing to speak on the
nomination?
Senator Duane.
SENATOR DUANE: Thank you very
much.
I also want to add my voice for
Mary D'Elia, with whom I served many years as
a district leader and served for seven years
with her as a member of the Manhattan
Community Board. She truly is the voice of
the neighborhood. I'm continuing to work with
her on issues surrounding the Clinton Urban
Renewal Area. She again has been a champion
to get projects in that area going. I think
we could not have a better voice on the Javits
board than to have Mary D'Elia, and I am happy
and thrilled and proud to cast my vote in
favor of her nomination.
Thank you, Mr. President.
ACTING PRESIDENT MAZIARZ: Any
other Senators wishing to speak on the
nomination?
Seeing none, the question is on the
confirmation of Mary A. D'Elia and Eric M.
5439
Javits, both of New York City, as members of
the board of directors of the New York
Convention Center Operating Corporation. All
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ: Oppo
sed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: Mary
A. D'Elia and Eric M. Javits are hereby
confirmed as members of the board of directors
of the New York Convention Center Operating
Corporation.
Senator Stachowski.
SENATOR STACHOWSKI: Mr.
President, could I have unanimous consent to
be recorded in the negative on Calendar 1394?
ACTING PRESIDENT MAZIARZ:
Without objection, so ordered.
The Secretary will read.
THE SECRETARY: As members of the
New York State Hospital Review and Planning
Council, Joan A. Camera, of Port Washington,
and Robert B. Glock, of Altamont.
ACTING PRESIDENT MAZIARZ:
5440
Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
ACTING PRESIDENT MAZIARZ: The
question is on the confirmation of Joan A.
Camera, of Port Washington, and Robert B.
Glock, of Altamont, as members of the New York
State Hospital Review and Planning Council.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: Joan
A. Camera and Robert B. Glock are hereby
confirmed as members of the New York State
Hospital Review and Planning Council.
The Secretary will read.
THE SECRETARY: As a member of
the Minority Health Council, Brenda Williams
McDuffy, of Buffalo.
ACTING PRESIDENT MAZIARZ:
Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
5441
ACTING PRESIDENT MAZIARZ: The
question is on the confirmation of Brenda
Williams McDuffy, of Buffalo, as a member of
the Minority Health Council. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: Brenda
Williams McDuffy is hereby confirmed as a
member of the Minority Health Council.
The Secretary will read.
THE SECRETARY: As sheriff of
Warren County, Larry J. Cleveland, of
Queensbury.
ACTING PRESIDENT MAZIARZ:
Senator Stafford.
SENATOR STAFFORD: It's a
pleasure for move confirmation for the next
sheriff of Warren County.
ACTING PRESIDENT MAZIARZ: Any
other Senators wishing to speak on the
nomination?
The question is on the confirmation
5442
of Larry J. Cleveland, of Queensbury, as
sheriff of Warren County. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: Larry
J. Cleveland is hereby confirmed as sheriff of
Warren County.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Trustees of the City University
of New York, Randy M. Mastro, of Manhattan.
ACTING PRESIDENT MAZIARZ:
Senator Stafford.
SENATOR STAFFORD: It's a
pleasure to yield to Senator LaValle.
ACTING PRESIDENT MAZIARZ:
Senator LaValle.
SENATOR LAVALLE: Thank you,
Mr. President.
Yesterday Mr. Mastro appeared
before the Senate Committee on Higher
Education, and the committee reviewed his
5443
qualifications and felt that his experience in
city government, his temperament, his
expression on the issues to ensure that the
City University will be all that it can be -
and I must tell you, Mr. President, and
members of this body, that members from both
sides of aisle just heaped enormous praise on
Mr. Mastro, to the point that I looked at the
cover sheet on what we were appointing him to,
and I thought for one brief fleeting moment
that we were appointing him to the College of
Cardinals.
The input from the committee was
that strong, and again today in the Finance
Committee.
So I believe that Mr. Mastro will
be a great addition to the CUNY Board of
Trustees. Once again, I compliment the
Governor -- the Mayor, because Mr. Mastro is a
mayoral appointment -- Mayor Giuliani, in
bringing this nomination to our attention.
ACTING PRESIDENT MAZIARZ: Any
other Senators wishing to speak on the
nomination?
The question is on the confirmation
5444
of Randy M. Mastro, of Manhattan, for
appointment as a member of the Board of
Trustees of the City University of New York.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: Randy
M. Mastro is hereby confirmed as a member of
the Board of Trustees of the City University
of New York.
The Secretary will read.
Senator Kuhl.
SENATOR KUHL: Mr. President, I
understand there's some housekeeping at the
desk we'd like to take care of before we go
any farther. So could we return to the order
of motions and resolutions and take care of
that housekeeping.
ACTING PRESIDENT MAZIARZ: Return
to the order of motions and resolutions.
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
5445
On behalf of Senator DeFrancisco,
on page number 19 I offer the following
amendments to Calendar Number 650, Assembly
Print Number 1237, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MAZIARZ:
Amendments received. The bill will retain its
place on Third Reading Calendar.
Senator Meier.
SENATOR MEIER: Mr. President, on
behalf of Senator Skelos I wish to call up his
bill, Senate Print 5434, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
1164, by Senator Skelos, Senate Print 5434, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MAZIARZ:
Senator Meier.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was earlier passed.
ACTING PRESIDENT MAZIARZ: The
5446
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MAZIARZ:
Senator Meier.
SENATOR MEIER: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MAZIARZ:
Amendments received.
Senator Meier.
SENATOR MEIER: Mr. President, on
behalf of Senator Trunzo, I wish to call up
his bill, Senate Print Number 4412, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
573, by Senator Trunzo, Senate Print 4412, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MAZIARZ:
Senator Meier.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
5447
ACTING PRESIDENT MAZIARZ: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MAZIARZ:
Senator Meier.
SENATOR MEIER: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MAZIARZ:
Amendments received.
Senator Kuhl.
SENATOR KUHL: Yes, will you
recognize Senator Dollinger for a couple of
votes?
ACTING PRESIDENT MAZIARZ:
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, thank you. I'd ask for unanimous
consent -- I was in the Finance Committee in
its deliberation over nominations and in
several Rules Committee meetings, and I missed
the following votes. I was not recorded.
Could I have unanimous consent to
be recorded in the negative on Calendar 1351,
5448
1162, and 1394? And if I could also have
unanimous consent to be recorded in the
affirmative on 1376, which is the Warren
County incinerator bill which I voted for last
year. I was recorded in the negative this
time. I'd like to be recorded in the
affirmative.
ACTING PRESIDENT MAZIARZ:
Without objection, so ordered.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Kuhl.
SENATOR KUHL: Now,
Mr. President, may we return to the order of
reports of standing committees. I understand
there's a report of the Rules Committee at the
desk. I'd ask the Secretary to read.
ACTING PRESIDENT MAZIARZ: Return
to the report of standing committees. The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, offers up the
following bills directly for third reading:
Senate Prints 2533, by Senator
5449
Larkin, an act to authorize retroactive
membership;
2698, by Senator Johnson, an act to
amend the Retirement and Social Security Law;
3279A, by Senator Velella, an act
to amend Chapter 576 of the Laws of 1975;
3605A, by Senator Marchi, an act to
amend the Not-For-Profit Corporation Law;
3796A, by Senator Leibell, an act
to amend the General Municipal Law;
3971, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
3994, by Senator Wright, an act to
amend the Public Service Law;
4124A, by Senator Alesi, an act to
amend the Workers' Compensation Law;
4377B, by Senator Bonacic, an act
to amend the Real Property Actions and
Proceedings Law;
4457, by Senator Marchi, an act to
amend the Not For Profit Corporation Law;
4993, by Senator Goodman, an act to
amend the State Finance Law;
5003A, by Senator Balboni, an act
5450
to amend the Penal Law;
5025B, by Senator Larkin, an act to
amend the Insurance Law;
5207, by Senator Seward, an act to
amend the County Law;
5212, by Senator Alesi, an act to
amend the Insurance Law;
5213, by Senator Alesi, an act to
amend the Public Health Law;
5276, by Senator Trunzo, an act to
amend the Real Property Tax Law;
5479A, by Senator Leibell, an act
to amend the Retirement and Social Security
Law;
5587, by Senator Alesi, an act to
amend the Tax Law;
5635, by Senator Lack, an act to
amend Chapter 83 of the Laws of 1995;
5668C, by Senator Johnson, an act
to amend the Environmental Conservation Law;
5691A, by Senator Johnson, an act
to amend the Environmental Conservation Law;
5696B, by Senator Johnson, an act
to amend the Environmental Conservation Law;
5713, by Senator Stachowski, an act
5451
to amend the Executive Law;
5718A, by Senator Johnson, an act
to amend the Environmental Conservation Law;
5815, by the Committee on Rules, an
act to amend the Administrative Code of the
City of New York;
5816, by the Committee on Rules, an
act to amend the Administrative Code of the
City of New York;
5817, by the Committee on Rules, an
act to provide for pension credit;
5834, by Senator Goodman, an act to
amend the Public Health Law;
5836, by Senator McGee, an act to
amend the Navigation Law;
5848, by Senator Meier, an act to
amend the Social Services Law;
5850, by Senator Meier, an act to
amend the Social Services Law;
5857, by Senator LaValle, an act to
amend the Education Law;
5880, by Senator DeFrancisco, an
act to amend the Tax Law;
5887, by Senator Meier, an act in
relation to creating;
5452
5891, by Senator Morahan, an act to
amend the New York State Veterans Bill of
Rights;
5908, by Senator Meier, an act to
amend the Tax Law;
5909, by Senator Morahan, an act to
amend the Not-for-Profit Corporation Law;
5912, by Senator Farley, an act to
amend the Banking Law;
5920A, by Senator Goodman, an act
to amend the General Municipal Law;
5924, by Senator Lack, an act to
amend the Insurance Law;
5932, by Senator Meier, an act to
amend Chapter 942 of the Laws of 1983;
5933, by Senator Meier, an act to
amend the Social Services Law;
5940, by Senator Lack, an act to
amend the Criminal Procedure Law;
5947, by Senator Maziarz, an act
to amend the General Business Law;
2848, by Senator Breslin, an act
authorizing the reopening of the twenty-year
retirement plan;
And 3921, by Senator Leibell, an
5453
act to amend the Retirement and Social
Security Law.
All bills directly for third
reading.
ACTING PRESIDENT MAZIARZ:
Senator Kuhl.
SENATOR KUHL: Move to accept the
report of the Rules Committee.
ACTING PRESIDENT MAZIARZ: All in
favor of accepting the report of the Rules
Committee, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: The
rules report is accepted.
Senator Kuhl.
SENATOR KUHL: Yes. For the
benefit of the members, the plan is to take up
five bills in succession, then return to the
reports of standing committees and take up the
confirmation that remains before us.
So the first bill we'd like to call
up is Calendar Number 818, by Senator Seward,
5454
which I think is on everybody's regular
calendar.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
818, by Senator Seward, Senate Print 2935A, an
act to amend the Insurance Law.
ACTING PRESIDENT MAZIARZ:
Senator Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
ACTING PRESIDENT MAZIARZ: Yes.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MAZIARZ: The
motion is to accept the message of necessity.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
5455
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: On the regular
calendar, the next bill, 834, by Senator
Padavan.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
834, by the Assembly Committee on Rules,
Assembly Print 8301, an act to amend the
General City Law and the Administrative Code
of the City of New York.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
5456
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Could you call up,
on the regular calendar again, Calendar Number
1249, by Senator Bonacic.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
1249, by Senator Bonacic, Senate Print 5732A,
an act in relation to adjusting certain state
aid payments.
ACTING PRESIDENT MAZIARZ: There
is a local fiscal impact notice at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MAZIARZ:
Senator Dollinger.
SENATOR DOLLINGER: Just to
5457
explain my vote on 1249, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Dollinger, to explain his vote.
SENATOR DOLLINGER: This is a
good idea. I commend Senator Bonacic for
doing it. It's something we ought to do for
every school district, so that payments, where
they are repaying money that they've been
overpaid, they get to space it out over six
years.
The problem we have is that the
current policy in effect says if we overpay
them, they have to pay it back the first year;
if they overpay us, we get six years to pay it
back. There ought to be parity on both sides.
This is the right thing to do for the Liberty
Central School District. We ought to do it
everywhere.
ACTING PRESIDENT MAZIARZ:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Would you call up
5458
Calendar Number 625, please.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
625, by Senator LaValle, Senate Print 2657A,
an act to amend the Executive Law, the Town
Law, and the Village Law.
ACTING PRESIDENT MAZIARZ:
Senator Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
ACTING PRESIDENT MAZIARZ: There
is a message at the desk.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MAZIARZ: The
motion is to accept the message of necessity.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: The
message is accepted.
SENATOR KUHL: Read the last
5459
section.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 6. This
act shall take effect April 1st.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Now,
Mr. President, could you call up Calendar
Number 1431? The bill has been just
distributed on the members' desks.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
1431, by Senator Johnson, Senate Print 5668C,
an act to amend the Environmental Conservation
Law.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MAZIARZ: There
5460
is a message at the desk.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MAZIARZ: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: The
message is accepted.
SENATOR KUHL: Read the last
section.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Kuhl.
5461
SENATOR KUHL: Now,
Mr. President, could we return to the order of
reports of standing committees. And there's
still the continuation of the report of the
Finance Committee.
ACTING PRESIDENT MAZIARZ:
Senator Kuhl, before we do that, can we take
up a motion by Senator Fuschillo.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Larkin, on
page number 2 I offer the following amendments
to Calendar Number 1423, Senate Print Number
5025B, and ask that said bill retain its place
on Third Reading Calendar.
ACTING PRESIDENT MAZIARZ: The
amendments are received, and the bill will
retain its place on Third Reading Calendar.
SENATOR FUSCHILLO: Mr.
President.
ACTING PRESIDENT MAZIARZ:
Senator Fuschillo.
SENATOR FUSCHILLO: I now move to
discharge, from the Committee on Rules,
5462
Assembly Print Number 8074B and substitute it
for the identical bill, 5025C.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
1423, by the Assembly Committee on Rules,
Assembly Print 8074B, an act to amend the
Insurance Law and the Tax Law.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Return to the reports of standing
committees. The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, offers up the
following nomination. As a member of the
Board of Trustees of the City University of
New York, Jeffrey S. Wiesenfeld, of Great
5463
Neck.
ACTING PRESIDENT MAZIARZ:
Senator Stafford.
SENATOR STAFFORD: Thank you,
Mr. President. Again, a fine day of
nominations. And our final nomination for the
day, with these fine nominations, including
this one, I now yield to Senator LaValle.
ACTING PRESIDENT MAZIARZ:
Senator LaValle.
SENATOR LAVALLE: Thank you,
Mr. President.
As I have started each and every
nominee, I have indicated that the Governor
should be complimented on advancing the
nominee before our body. Both yesterday and
today Mr. Wiesenfeld appeared before the
Senate Committee on Higher Education,
yesterday; today, the Finance Committee. In
both instances, he began his remarks by saying
that his parents were Holocaust victims. He
is a first-generation American in this country
and understands what it means to come up the
hard way. If it were not for Queens College
and having that opportunity to attend that
5464
fine institution, the City University, God
only knows where his career might have gone
without that opportunity.
Both yesterday and today his focus
was on access, providing opportunities,
ensuring that students had the wherewithal to
fulfill whatever their aspirations might be,
having personally experienced what it means to
have an opportunity to attend City University
of New York. The committee yesterday in
Higher Education were satisfied and explored
what the responsibilities are of a trustee of
City University.
Mr. Wiesenfeld has a very rich and
broad background of public service that goes
back 20 years, serving many representatives in
a bipartisan nature, some Democrats and some
Republicans. In answer to questions both
yesterday and today, I think Mr. Wiesenfeld
indicated that that service over a twenty-year
period was one that has stood the test of
time. And, after all, one's record is one's
record. The committee yesterday in Higher
Education really focused in on the role of the
trustee and some of the questions that are
5465
generic that a trustee would have to vote upon
when in office.
Today in the Finance Committee, as
often, the Finance Committee had a broader
scope and a broader involvement. Sometimes
the questions indicate that there are
undercurrents, whether they be political or
personal. But I must say that members of our
body, regardless of what committee they serve
on -- and certainly the Finance Committee,
under the leadership of our chairman, Senator
Stafford -- I think look at issues, look at
both sides of the issue, and ultimately come
to a reasoned and sensible judgment, as it
did. I believe the nominee received but only
one negative vote in committee.
And I must say that it is never
easy for a person, a human being, to be before
our body. We as members sometimes take it for
granted; it becomes part of our persona. But
for someone from the outside to sit before us
and be peppered by questions that the
individual never knows where a question is
coming from or what the appropriate answer
is -- I'm sure that each of us as members in
5466
our own lives can remember situations before
we were elected to this august body of having
sweaty palms and being very nervous in going
for an interview.
Mr. Wiesenfeld, I believe today,
after a lot of questions over a prolonged
period of time, I think demonstrated that he
is both a tough individual, a bright
individual, and I believe came through both
the Higher Education Committee questioning and
today's Finance questioning with a very high
approval rating, based on how people voted.
And so, Mr. President, it is a
pleasure to move the nomination forward before
this body, the nomination of Jeffrey
Wiesenfeld as trustee of the City University
of New York.
ACTING PRESIDENT MAZIARZ:
Senator Maltese.
SENATOR MALTESE: Mr. President,
I rise to second the nomination of Jeff
Wiesenfeld.
I've known him for over ten years
as both a colleague and a friend. Our
acquaintance goes back to the time when he was
5467
an assistant to the Congressman Tom Manton,
who was my opponent in the Congressional race
in '84. And yet the -- despite the difference
in our parties at the time, I always found him
to be reasonable, approachable, very
professional. Subsequently, he served as
assistant to the borough president and as -
certainly I got to know him much better when
he was executive assistant to Senator Alfonse
D'Amato.
I think he served, in addition, as
a member of the board of the United Nations
Development Corporation, and in his capacity
as executive assistant to the Governor, many
of my friends and colleagues here in Albany
came to know him many better.
I especially applaud, as the
chairman of the Higher Education Committee
alluded to, his background with CUNY and his
background with the public school system as a
graduate of the prestigious Bronx High School
of Science.
I think this is a time for New
Yorkers, people with a close knowledge of the
CUNY system, to be involved to carry out some
5468
of the programs of the Governor and the Mayor
of the City of New York for the CUNY system at
a time of transition and indeed crisis.
Jeffrey Wiesenfeld is that type of a person.
I've received scores of commendation letters
from groups all across the ethnic horizon, of
every group and every background, lauding his
achievements and his personality and the
accomplishments that he has achieved.
I am indeed proud to second the
nomination of Jeffrey Wiesenfeld for the CUNY
board.
ACTING PRESIDENT MAZIARZ: Thank
you, Senator.
Senator Waldon.
SENATOR WALDON: Thank you very
much, Mr. President.
I'm pleased and privileged to rise
on behalf of Jeffrey Wiesenfeld for a host of
reasons. Each of us who comes to this, using
a phrase of one of my colleagues earlier,
august body, we come here not alone. We come
here because of all of the interactions that
we've had over the course of our lives. All
of those people who have touched us to make us
5469
who we are allows us to come here.
Not dissimilar is Jeffrey
Wiesenfeld, City University of New York
product, public school product, not dissimilar
to Al Waldon, although he is much, much
younger.
But the reason I really rise on
behalf of Jeffrey is I've had a long
relationship working with him. So I am not
reading something from a piece of paper to
give you my impressions of him, I'm talking
about personal experience. He keeps his word.
He works hard on behalf of his constituents.
And my area of Queens County was his
constituency when he served as the borough
coordinator and now even as a citywide
coordinator for the Governor. He's a person
who has been approachable, from my
perspective, and a person who has been
prepared to work with a diverse population
that is in southeast Queens.
I think the Governor's been very
smart again. He has picked someone who
understands the diversity of the city, someone
who can relate to those who are
5470
African-Americans and Caribbean-Americans,
Latino-Americans, as well as all of the other
people who make up the mosaic that is New York
City.
I think the fact that he has had a
long-lasting relationship with the City
University of New York is going to allow him
to function in that capacity in a very, very
fine way.
I applaud the Governor. I applaud
Jeffrey. I applaud his parents for having
him. I think this is a good move on behalf of
the Board of Trustees of the City University
of New York, and I welcome him to that
position.
ACTING PRESIDENT MAZIARZ: Thank
you, Judge.
(Laughter.)
Senator Hevesi.
SENATOR HEVESI: Thank you,
Mr. President.
Mr. President, I want to say I
appreciate the comments of Senator Waldon and
Senator Maltese and Senator LaValle.
Mr. President, I am a graduate of a
5471
CUNY institution. My brother currently
attends a CUNY institution. And my father was
a long-time professor at a CUNY institution,
and a graduate. So I care very, very deeply
about this institution and where we're headed
with this institution.
And as a natural consequence, I'm
very concerned with the composition of the
CUNY Board of Trustees, particularly in the
wake of the release of a report which has
really sparked a debate as to the future of
the City University of New York.
And I was troubled, unlike the
numerous nominees who came before the Senate
Finance Committee today, most of whom I
thought were terrific nominees -- another
appointee to the CUNY Board of Trustees,
former Deputy Mayor Randy Mastro, I actually
spoke in the Finance Committee in support of
his nomination. But I was troubled by the
nomination of the nominee who is before us
right now, for a number of reasons, and felt
it only appropriate that, since this
institution I don't believe should act as a
rubber stamp in any case, that if there are
5472
issues that may pertain to the qualifications
or the character of an individual, that
ensuring that we have the utmost of integrity
on our boards and in commissions, that
questions should be raised at the committee.
And so we had a meeting of the
Senate Finance Committee today that was rather
unpleasant. And I apologize for any
unpleasantness. I am no fan of
unpleasantness. But I want to assure everyone
that this was not gratuitous, it was
necessary. And what happened at that meeting
has reinforced my belief that we do not have
the most qualified nominee that is before us.
And I'm very disappointed in the
outcome of that committee meeting. And I'm
loath to reiterate my concerns during the
committee meeting, but I feel a little bit of
an obligation to do this here because there
was some suggestion earlier that my intentions
may have been somehow altered by some
political consideration as to -- as opposed to
making comments and asking questions that I
felt were absolutely relevant to whether or
not we in the Finance Committee should support
5473
the nominee that was before us.
And so let me say now to everybody
who is here that the questions that were asked
in the Finance Committee, however unpleasant,
were necessary in that if the allegations
which had been made against the nominee -- I
didn't make any allegations against the
nominee. Those allegations were made by an
individual. They were public. I articulated
them. I knew that the individual who had made
the allegations had agreed to come and testify
before the Senate Finance Committee as to the
veracity of the allegations and had also
informed me that he was willing to take a
polygraph examination. And since the
allegations -- and I'm not going to get into
them. I said my piece in the Finance
Committee. But suffice it to say that since
the allegations were regarding comments that
the nominee had allegedly made -- and I don't
know if they're true. But were these comments
true, they were of a nature where they were -
there was defamation of two ethnic groups -
were they true, my colleagues, they are so
serious as to disqualify a candidate from
5474
appointment to the CUNY Board of Trustees or
any other board or commission, for that
matter.
And so I asked these questions.
And in fact, we had a discussion during this
meeting at which some of my colleagues on the
other side of the aisle felt that the asking
of those questions were in fact inappropriate.
And I disagree with that, although I respect
the right of my colleagues on the other side
of the aisle to be upset with asking
particular questions. But I'd be abdicating
my responsibility if I didn't ask those
questions.
And I would also like to say, as I
said in the Finance Committee, that any other
nominee who would appear before that
committee, now into the future -- and I expect
everyone to hold me to this -- who has similar
allegations made against them, I'm going to
bring them up, and I'm going to ask, and I'd
like to get to the bottom of it.
And I want to commend Senator
Stafford for allowing a vote as to whether or
not additional witnesses could be called.
5475
Now, the vote didn't go the way I wanted it to
go, but that's the democratic process, and I
appreciated that.
So I raised my objections not
because I contended that the nominee before us
made those allegations, but because I wanted
them addressed. Then I made some other -- I
asked some other questions, including
substantive questions on educational policy,
about the Tuition Assistance Program, and I
got a nonanswer on the Tuition Assistance
Program.
And then I asked -- I expressed my
concern as to the independence of the nominee
to serve on the CUNY Board of Trustees while
he simultaneously serves as an employee of the
Governor, and I didn't really get an adequate
answer to that question.
And then I asked about statements
that had been made in a conversation where the
nominee has -- and you can read the
transcripts yourself. I didn't make any of
this up. I didn't solicit any of these
allegations -- that the nominee had threatened
the chair of the State Democratic Party.
5476
Then I asked the nominee about
failure to file financial disclosure
information pursuant to receiving income from
an inaugural committee, which he did fail to
file.
Then I asked the nominee about
whether or not he had used an antifemale slur
against a former Assemblywoman, and I didn't
receive answers to those questions.
And so I'm not going to get into
the details of the substance of any of the
allegations. I just would like it to be said
here that these questions needed to be asked.
I still would like to have had an opportunity
to explore whether or not there is any truth
to some of the allegations.
Anyone who has made an allegation
that I raised during today's committee had
already agreed, and I stated this at the
committee meeting, had agreed to come before
the Senate Finance Committee and testify as to
its veracity, and agreed to be polygraphed.
So I don't see how it was inappropriate to
raise those questions, as unpleasant, Mr.
President, as it was for me to do it. I have
5477
no desire to be gratuitous in these dealings.
But these were questions that needed to be
asked.
So suffice it to say I'm not going
to rehash everything. I said my piece during
the meeting of the Senate Finance Committee.
I have numerous problems with the nominee
that's before us. But I will say that,
respecting the decision of the Senate Finance
Committee and what I believe will be the
decision of this body to nominate Mr. Jeffrey
Wiesenfeld, I would hope that he conducts his
affair on the CUNY Board of Trustees the way
that we all would expect that he would conduct
those affairs, regardless of the bumpy road
that this nomination took.
So with that, Mr. President, I have
to vote in the negative on this nominee. But
I appreciate the opportunity to be able to
clarify the reason why it was absolutely
necessary to raise these very unpleasant
questions. Thank you.
ACTING PRESIDENT MAZIARZ: Thank
you, Senator.
Senator Goodman.
5478
SENATOR GOODMAN: Mr. President,
suffice it to say that after the very lengthy
exposition with regard to this matter that was
made within the Finance Committee this
morning, a vote of that committee was taken.
And the only single dissenting vote on this
nomination was that of my colleague who has
just spoken.
Let me say that I think it's quite
clear that the committee was prepared to give
this endorsement its overwhelming approval,
and that was not based upon any capricious or
lightly considered matter, but based upon the
fact that there is a weight of evidence which
is very significant in support of this
nominee.
Indeed, I have a stack of letters
in my possession at this moment from many of
the leading groups, both religious and civic,
in the city of New York, all of whom attest to
the outstanding qualities and the
qualifications of the Jeff Wiesenfeld. His
record is clear. He's been a public servant
for the better part of a decade. He's served
well and faithfully, and in my opinion the
5479
Governor has chosen wisely in asking him to go
before the board of CUNY to add his wisdom to
their very complex deliberations.
Let me say, Mr. President, that
Jeff Wiesenfeld is a self-made man. His
family are Holocaust survivors. It was only
through the sweat of his own brow that Jeff
was able to rise to the positions of
responsibility which he's assumed. It seems
to me this is an American success story which
is noteworthy and deserving of high praise.
And in my opinion, it's appropriate that this
body give its overwhelming approval to this
nomination.
It's my hope that this will be a
successful term of office, because CUNY's
problems are very severe. Indeed, it's
imperative that we clean up CUNY's problems,
we do everything in our power to make
available at CUNY the type of education which
is so needed by so many of our fellow young
citizens of New York State and New York City.
And I'm confident that with
appropriate leadership of people who know what
it's like to come up the hard way, who
5480
themselves are alumni of CUNY, that this will
be accomplished. So therefore, it's with
confidence that I ask the body to approve this
nomination.
ACTING PRESIDENT MAZIARZ: Thank
you, Senator.
Senator Markowitz.
SENATOR MARKOWITZ: Thank you
very much, Mr. President.
First off, Senator Hevesi, I know
that you spoke with sincerity. Most of us,
many of us in public life, especially someone
like Jeff, who has been very visible, many of
us right in this chamber have had suggestions
made that we've said things every now and then
which have proven false -- false -- if someone
makes a statement that someone else made a
statement. And so I've learned over the years
I don't believe anything unless I heard it
myself or unless the proof can come out
absolutely.
Putting that aside for a second,
Jeff comes in with some baggage, no doubt. He
is combative, for sure. He is aggressive,
he's zealous, he's passionate. He's exactly
5481
the type of guy that those of us that are
ambitious in political life would like to have
working for them. There's not a doubt about
it. When he believes in something, he
definitely is enthusiastic in his approach.
I'm more concerned about not what
was yesterday, to tell you the truth, but
rather tomorrow. Because in this new
position, Jeff will have to look at the City
University as a gem for the City of New York
and, indeed, the state. And that is that the
last thing we ever want to see is CUNY become
an elitist institution. There's a mission.
When I went to school at Brooklyn
College, evening session, I'm the kind of
student, Jeff, that graduated high school with
marks that were not too great, because I had
to support my mother and sisters at the time,
because we were on welfare and Social
Security. So my marks in high school, believe
me, were not the strongest.
Had it not been for Brooklyn
College evening session giving me an
opportunity to go to school nine years at
night, and summers, and graduate and move on
5482
and run for office and lose and run for office
and win, and run for office and lose, and win,
or whatever, giving me that opportunity -- and
by the way, a lot of us in this chamber, and
many people across the country, had it not
been for the mission of CUNY to provide higher
education for those in need, for those that
are in poverty, for those that for whatever
reasons may have not secured the finest
education in high school, then I know that so
many lives would be so different today.
And that's the point. We want to
be sure that when you sit on that board -- and
I know you feel this way, and I pray that your
actions will -- that your job is to make sure
that every young person that wants a college
education is given that opportunity. Because
every young person that graduates from college
in New York today is one less person that most
of us have to worry about tomorrow. That's
one more productive, taxpaying, family-rearing
individual that will make their contributions
in making Brooklyn, New York City, and New
York State a better place to live.
That's the place that I want to go
5483
forward, to make sure that those that graduate
high school that may not have the skills for
an elitist institution should have the chance
at Brooklyn College, at Medgar Evers College
and other parts of the City University, to
give to them the skills, to shore them up so
that they'll be able to pursue a higher
education utilizing the gifts that God has
given them, to become everything they can be,
if only they're given the chance, the chance
to succeed.
And so I hope, Jeff, that that
combativeness, that that enthusiasm, that that
kind of jumping your whole person into
whatever you do, will translate itself on
CUNY, and I know and pray it will. And if
not, I'll tell Devorah that you're not living
up to the promises.
But I know that -- and pray that
you're going to do the job, that you'll prove
all of us that are saying good things about
you today that you will be one of the finest
members that we've had in CUNY yet.
So I wish you well.
ACTING PRESIDENT MAZIARZ:
5484
Senator Lachman.
SENATOR LACHMAN: There's an
inscription inscribed on the Statue of
Liberty, a poem written by Emma Lazarus over a
hundred years ago, that should be inscribed on
every campus of CUNY. It reads:
"Give me your tired, your poor.
Your huddled masses yearning to
breathe free.
The wretched refuse of your teeming
shore.
Send these, the homeless,
tempest-tossed, to me:
I lift my lamp beside the golden
door."
CUNY historically, since its birth
as CCNY in the 1830s, has been a mecca, a
mecca for the disadvantaged, for the
underprivileged, for the poor. I made use of
this mecca because I came from a poor home and
I could not afford to go to any college or
university if not for CUNY. I even turned
down a scholarship to a well-known New England
institution because I couldn't afford to go
there. Why? Because I had to have three
5485
part-time jobs while going to Brooklyn
College. And, yes, my parents were also
briefly on welfare. And their great objective
was education for their children.
Now, many of the people that CUNY
serves came to this country voluntarily;
others came to this country involuntarily.
Blacks, Latinos, Asian-Americans, people from
the Caribbean, Arab-Americans, white ethnics
of every possible description, which is now
continuing into a new generation of
immigrants. And this is going to be a very,
very difficult position for any person to
handle.
I honestly believe that the
candidate, Mr. Wiesenfeld, has the ability and
the credentials and has proven in his
professional life that he has this ability.
He certainly had greater ability than I had
when, at the age of 35, I was appointed to be
a member and president of the Board of
Education. And the political reason for that
appointment was that I didn't know too much, I
had credit cards supposedly in various
political communities, and, most importantly,
5486
no one had ever heard of Seymour Lachman.
Jeff Wiesenfeld, obviously that's
not true of you, as was obvious through the
day.
Now, as a member of the CUNY Board
of Trustees, the most important words that you
have to not only remember but live is access
and excellence. You went to Queens College
because you had to. I went to Brooklyn
College because I had to. But my daughter,
who's about 20 years older than your
daughter -- (inaudible) your daughter over the
last 24 hours -- went to Brooklyn College,
when she could have afforded to go to any
other college, because of the excellence of
the faculty and the standards of Brooklyn
College.
And that must be maintained. And
any report and every report that is written
about this should not just be accepted. And I
agree with my colleague, Senator Hevesi. I
have certain concerns about a recent report
that was prepared on CUNY. There are many
aspects of it that are positive I can agree
with. There are other aspects I might not
5487
agree with. And I would like to discuss this
with the chairman of that committee who we -
who has been appointed and will shortly appear
before our committees.
On the issue of policy, which is
the most important thing, a university is not
just composed of trustees, Mr. Wiesenfeld.
It's composed of faculty, it's composed of
students, and it's composed of administrators.
I would hope that you would consult with all
of these groups, especially the president of
the Professional Staff Congress, Professor
Irwin Polisher. Which is a very small unit in
NYSUT, because they can't produce the vote of
the UFT. But many of these professors, many
of these academics feel now their jobs are on
the line.
You also have to consult with
university college presidents that are fearful
of what is happening at CUNY now in an
interregnum of two years where we have not
appointed a chancellor.
Finally, you must consult with your
fellow trustees -
ACTING PRESIDENT MAZIARZ:
5488
Senator Lachman.
SENATOR LACHMAN: -- regardless
of their position -
ACTING PRESIDENT MAZIARZ: Excuse
me, Senator Lachman. Could you address the
Chair, please?
SENATOR LACHMAN: Yes.
ACTING PRESIDENT MAZIARZ: Thank
you.
SENATOR LACHMAN: You must
consult with your fellow trustees. And of
course this means the new chairman of the CUNY
Board of Trustees, Herman Badillo, who has a
long lifetime of experience within higher
education. But it also means consulting with
other trustees, such as a trustee that
Governor Pataki appointed, the Honorable John
Morning, who in my opinion is a class act.
And finally, and I would be remiss
if I did not mention her name, you should also
consult with the minority voice on the CUNY
Board of Trustees, and she wants to talk to
you. And I'm referring to a grand lady, the
Honorable Edith Everett. When she was
appointed over twenty years ago, she had a
5489
very difficult time. People wrote her off.
They wrote her off as "that housewife from
Brooklyn" before she became a philanthropist
and executive vice president of Gruntal &
Company, et cetera. She has very strong
opinions about the direction of where CUNY
should go.
And it is the obligation of this
new trustee to consult with other trustees of
diverse and different opinions.
Mr. Wiesenfeld, I am sure that you will do
this. It is imperative that you do this.
And, finally, I want to
congratulate your whole family. I want to
congratulate your wife and your daughter and
most especially your mother, who is with us
today, who did survive the Holocaust and came
to America in poverty. And only in America
can a parent see a child born in poverty rise
to this position.
I hope and pray that all of our
expectations in you will bear fruit in a
better, greater, more improved CUNY that will
do for future generations what it did for past
generations in serving as a means of upward
5490
mobility with a quality education for all
young people.
ACTING PRESIDENT MAZIARZ:
Senator Marchi.
Thank you, Senator Lachman.
SENATOR MARCHI: Mr. President,
I'm probably the only member in the chamber,
as a member, that played a primary role in the
development of the City University. It's been
a -- it's been quite an experience.
And Senator Goodman cited a litany
of organizations that professed their
gratitude, their appreciation for the
assistance and the contributions that were
affirmative in nature that inured to the
benefit of the City University.
Senator Markowitz, nine years of
hard work, and you, Senator Lachman, the heavy
investment that you both made, in the belief
and in the conviction that you could do great
things. And you both have, by investing so
helpful of yourselves into this university.
And you, as a prospective joiner,
it certainly appealed to me and it tugged at
my heart that -- when I heard of the great
5491
trauma your entire family experienced,
especially your father, who suffered a great
deal. And you took this as an inducement to
greater effort. And this, I believe Senator
Lachman pointed to the family, the sustaining
factor in your life.
I also have to pay my compliments
to Senator Hevesi, because he shared of
himself of something that he felt should be
shared. And if we learn from each other -
because all of us at one time or another learn
lessons from each other, and that's to draw
strength from those moments of adversity.
But I believe yours are going to be
glorious moments of positive accomplishments.
And as one who has a tremendous institution in
my county, in Staten Island, and in the larger
city of New York, I wish you all of the best.
And draw strength, draw strength from that
adversity that you've known and conquered.
And exhibit the goodness that has certainly
been manifest in the brilliant and wonderful,
dedicated service that you have rendered
uniformly across the board.
Again, I plead for a -
5492
ACTING PRESIDENT MAZIARZ: Thank
you, Senator.
SENATOR MARCHI: -- unanimous
endorsement of this nomination.
ACTING PRESIDENT MAZIARZ: The
question is on the confirmation of -
SENATOR STAFFORD: Mr. President,
very, very briefly.
ACTING PRESIDENT MAZIARZ:
Senator Stafford.
SENATOR STAFFORD: And I'll be
very brief.
But I want to point out today -
today was a very, very interesting process.
You know, we have a right to say what we want
to say in this country. And I want to thank
Senator Hevesi for your acknowledgment, but I
also want to compliment the nominee and his
family for a very, very difficult day. And I
think today indicated that he will be an
excellent, excellent trustee.
Thank you.
SENATOR KUHL: Move confirmation.
ACTING PRESIDENT MAZIARZ: Thank
you. The question is on the confirmation of
5493
Jeffrey Wiesenfeld as a member of the Board of
Trustees of the City University of New York.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MAZIARZ: The
record will reflect that Senator Hevesi cast
his vote in the negative, at his request.
Jeffrey Wiesenfeld is hereby
confirmed as a member of the Board of Trustees
of the City University of New York.
Jeff is in the gallery today with
his -
SENATOR LACHMAN: Another
negative.
ACTING PRESIDENT MAZIARZ:
Senator Dollinger is also in the negative.
The record will reflect that. Senator
Seabrook also.
Jeffrey Wiesenfeld is hereby
confirmed as a member of the Board of Trustees
of the City University of New York.
Jeff is in the gallery today with
5494
his wife, Cynthia, and his daughter, Maxine,
his mother, Hannah Fefhan, and Matt Fefhan.
Congratulations, Jeff. Good luck.
(Applause.)
ACTING PRESIDENT MAZIARZ:
Senator Kuhl.
SENATOR KUHL: Mr. President, may
we return to the order of motions and
resolutions. I believe there's some
housekeeping at the desk.
ACTING PRESIDENT MAZIARZ: The
Secretary will read the substitutions.
THE SECRETARY: On page 45,
Senator Skelos moves to discharge, from the
Committee on Rules, Assembly Bill 5937A and
substitute it for the identical third reading,
553.
On page 20, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill 4735B and substitute it for the
identical third reading, 673.
On page 21, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill 3039 and substitute it for the
identical third reading, 696.
5495
On page 21, Senator Lack moves to
discharge, from the committee on Rules,
Assembly Bill 6933A and substitute it for the
identical third reading, 700.
Senator Trunzo moves to discharge,
from the Committee on Rules, Assembly Bill
8075 and substitute it for the identical third
reading, 1427.
Senator Johnson moves to discharge,
from the Committee on Rules, Assembly Bill
8128A and substitute it for the identical
third reading, 1432.
Senator Morahan moves to discharge,
from the Committee on Rules, Assembly Bill
3084A and substitute it for the identical
third reading, 1446.
Senator Farley moves to discharge,
from the Committee on Rules, Assembly Bill
8272A, and substitute it for the identical
third reading, 1449.
Senator Meier moves to discharge,
from the Committee on Rules, Assembly Bill
8237 and substitute it for the identical third
reading, 1400.
ACTING PRESIDENT MAZIARZ: May we
5496
have a little order in the house so the
Secretary can read. Thank you.
THE SECRETARY: Senator Lack
moves to discharge, from the Committee on
Rules, Assembly Bill 8226 and substitute it
for the identical third reading, 1454.
And Senator Breslin moves to
discharge, from the Committee on Rules,
Assembly Bill 5126 and substitute it for the
identical third reading, 1456.
ACTING PRESIDENT MAZIARZ:
Substitutions ordered.
Senator Kuhl.
SENATOR KUHL: Yes,
Mr. President. By way of information for the
members, there will be a Rules Committee
meeting in the morning at 9:30 in the Majority
Conference Room, Room 332. A Rules Committee
meeting at 9:30 tomorrow morning.
The majority will conference
tomorrow morning at 10:00 in the Majority
Conference Room.
ACTING PRESIDENT MAZIARZ: Rules
Committee meeting at 9:30 a.m. tomorrow
morning, and Majority conference at 10 a.m.
5497
tomorrow morning, both in the Majority
Conference Room, Room 332.
Senator Kuhl.
SENATOR KUHL: Any other
information or housekeeping at the desk?
ACTING PRESIDENT MAZIARZ: No,
Senator Kuhl.
SENATOR KUHL: There being no
further business, then, I move that we stand
adjourned until tomorrow, Wednesday, June 16,
at 11:00 a.m.
ACTING PRESIDENT MAZIARZ: The
Senate will stand adjourned until tomorrow,
Wednesday, June 16th, at 11:00 a.m.
(Whereupon, at 6:03 p.m., the
Senate adjourned.)