Regular Session - May 10, 2000
3234
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 10, 2000
11:05 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
3235
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
Will everyone present please rise
and repeat with me 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, may we all bow our 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,
Tuesday, May 9th, the Senate met pursuant to
adjournment. The Journal of Monday, May 8th,
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.
3236
Message from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
On behalf of Senator Bonacic, on
page number 68 I offer the following
amendments to Calendar Number 686, Senate
Print Number 6540, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MARCELLINO: Thank you,
sir.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 4137, at the
3237
desk, by Senator Saland. May we please have
the title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Legislative
Resolution Number 4137, by Senator Saland,
commemorating the Dutchess County Special
Olympics Spring Games on May 13, 2000, and
honoring Special Olympics of Dutchess County
upon the occasion of its 30th anniversary.
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.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are.
3238
SENATOR SKELOS: Would you please
make them at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 5,
Senator Skelos moves to discharge, from the
Committee on Judiciary, Assembly Bill Number
4758A and substitute it for the identical
Senate Bill Number 6283A, First Report
Calendar 971.
On page 6, Senator Lack moves to
discharge, from the Committee on Judiciary,
Assembly Bill Number 5763A and substitute it
for the identical Senate Bill Number 6914,
First Report Calendar 976.
On page 7, Senator Marchi moves to
discharge, from the Committee on Corporations,
Authorities and Commissions, Assembly Bill
Number 7637A and substitute it for the
identical Senate Bill Number 3620A, First
Report Calendar 985.
On page 8, Senator Larkin moves to
discharge, from the Committee on Codes,
Assembly Bill Number 1578B and substitute it
for the identical Senate Bill Number 1066B,
3239
First Report Calendar 1000.
On page 10, Senator Farley moves to
discharge, from the Committee on
Transportation, Assembly Bill Number 2789A and
substitute it for the identical Senate Bill
Number 1596A, First Report Calendar 1022.
On page 16, Senator McGee moves to
discharge, from the Committee on Finance,
Assembly Bill Number 4209B and substitute it
for the identical Senate Bill Number 4325B,
First Report Calendar 1083.
On page 18, Senator Meier moves to
discharge, from the Committee on Veterans and
Military Affairs, Assembly Bill Number 3085
and substitute it for the identical Senate
Bill Number 923, First Report Calendar 1100.
On page 19, Senator Maltese moves
to discharge, from the Committee on Consumer
Protection, Assembly Bill Number 3389B and
substitute it for the identical Senate Bill
Number 3229B, First Report Calendar 1113.
On page 20, Senator Balboni moves
to discharge, from the Committee on Health,
Assembly Bill Number 1933B and substitute it
for the identical Senate Bill Number 1530B,
3240
First Report Calendar 1127.
And on page 21, Senator Volker
moves to discharge, from the Committee on
Health, Assembly Bill Number 4097 and
substitute it for the identical Senate Bill
Number 4953, First Report Calendar 1134.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
at this time may we please have the
noncontroversial calendar read.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
211, by Senator Padavan, Senate Print 3597B,
an act to amend the Administrative Code of the
City of New York, in relation to the
enforcement of Environmental Control Board
judgments.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
3241
bill aside.
THE SECRETARY: Calendar Number
705, by Senator Balboni, Senate Print 6854, an
act authorizing the assessor of the County of
Nassau to accept an application.
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.)
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, everybody is sick and tired of
hearing my refrain. I won't repeat it.
This is exactly why we shouldn't
make Senator Balboni the chief assessment
review officer in Nassau County. This is a
contagion. It's spreading everywhere. Before
you know it, we might as well take all the
assessment review cases from Nassau County
where people fail to properly file for an
exemption or they buy a property in the middle
3242
of the exemption year.
I'll continue to vote no, Mr.
President. I again urge that Senator Hannon's
bill be amended, brought to the floor, and
let's get rid of all of these kinds of bills
forever.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I have to rise to defend my
colleague from Nassau County. I think Senator
Balboni would make a great assessment officer
from Nassau County if he so chose.
(Laughter.)
SENATOR MARCELLINO: But he's an
even better New York State Senator, and we're
going to keep him here in the Senate despite
Senator Dollinger's urging.
Thank you.
ACTING PRESIDENT MEIER: How do
you vote, Senator Marcellino?
SENATOR MARCELLINO: I vote aye.
ACTING PRESIDENT MEIER: Senator
Marcellino will be recorded in the
3243
affirmative.
Senator Balboni.
SENATOR BALBONI: I'd just like
to tell the body I have no plans of going to
any other job. I love this place. And that's
why we love doing these great things.
I just -- it's amazing that Senator
Dollinger and I can be having a conversation
two seconds ago about basketball, and then he
comes right out here and votes against my
bill.
You are a man of integrity and you
can really change like that. I love that
about you.
But you ought to vote for those
bills, though, because these are good bills
for the people of my Senate district.
Thank you very much.
ACTING PRESIDENT MEIER: Senator
Balboni will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 45. Nays,
1. Senator Dollinger recorded in the
negative.
3244
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
706, by Senator Balboni, Senate Print 6855, an
act to authorize the St. Gregorios Malankara
Orthodox Church.
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, 45. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
711, by Senator Rath, Senate Print 7331, an
act to amend the Local Finance Law and Chapter
413 of the Laws of 1991.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
3245
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, is this Bill 711?
ACTING PRESIDENT MEIER: Yes, it
is.
SENATOR DOLLINGER: Is this the
mandate relief bill, Mr. President? Just
so . . .
Mr. President, just to be heard
briefly on the bill. I believe this is -
ACTING PRESIDENT MEIER: Well,
Senator, we're in the middle of a roll call.
Do you want the roll call withdrawn?
SENATOR DOLLINGER: No, Mr.
President. I'll just explain my vote.
ACTING PRESIDENT MEIER: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Mr.
President, I'm going to vote in favor of this
bill. I always do.
3246
This is the bill that provides
mandate relief. You remember that thing that
I talked about when we passed the HCRA bill
last fall and we dumped about $600 million
worth of additional expense onto the counties
of this state, and I got up and said, "Listen,
it's mandate relief. If you really believe in
mandate relief, why would you pass this HCRA
bill that poses this huge new mandate on the
counties?"
I said it that time, but I hoped we
would forgo the debate about Senator Rath's
mandate relief bill, because we were clearly
doing something that was grossly inconsistent
with the passage of this bill.
Everybody in this house seems to be
comfortable with the illusion that we pass a
mandate relief bill every year, but yet we
continue to dumps millions and millions and
millions of dollars of mandates onto our local
communities.
I'm willing to go along with the
illusion, but let's admit it's an illusion.
ACTING PRESIDENT MEIER: How do
you vote, Senator?
3247
SENATOR DOLLINGER: I vote aye.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
753, by Senator Seward, Senate Print 7463, an
act to amend the Insurance Law, in relation to
penalty provisions.
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, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
792, by Senator Rath, Senate Print 7774, an
act to amend the Real Property Tax Law, in
3248
relation to the apportionment of school taxes.
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, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
825, by Senator Volker, Senate Print 3435, an
act to amend the Civil Practice Law and Rules,
in relation to the unsworn affirmation of
truth.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. 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, 50.
3249
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
837, by Senator Volker, Senate Print 6925, an
act to amend the Penal Law, in relation to
assault upon a police officer.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
President.
I just would be remiss if I didn't
point out that once again this body seems to
feel that an assault is not always just an
assault, that in some cases an assault is
worthy of a stiffer penalty.
I'm going to vote yes on this, but
I want to point out that we do have a track
3250
record in this body of increasing penalties
for assaults against police officers and
senior citizens and persons with mental
disabilities, and yet we are unable to vote
into law laws which more severely punish those
who create an atmosphere where hate crimes are
permitted and where hate crimes are committed.
I'm going to vote yes, Mr.
President, with the hope that this body will
be consistent and pass meaningful hate crimes
legislation.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
862, by Senator Alesi, Senate Print 97, an act
to amend the Executive Law, in relation to
prohibiting state agencies from offering loans
to their employees.
ACTING PRESIDENT MEIER: Read the
last section.
3251
THE SECRETARY: Section 2. This
act shall take effect on the 90th day after it
shall have become a law.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
871, by Senator Rath, Senate Print 3691, an
act to amend the Executive Law, in relation to
the statewide computerized registry.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day after it
shall have become a law.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
3252
872, by Senator McGee, Senate Print 4322, an
act to amend the New York State Urban
Development Corporation 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, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
875, by Senator Kuhl, Senate Print 6767, an
act to amend the Executive Law, in relation to
increasing the term of notaries public from
two years to four years.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day after it
shall have become a law.
ACTING PRESIDENT MEIER: Call the
roll.
3253
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Mr. President,
if we could take up the controversial calendar
at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
211, by Senator Padavan, Senate Print 3597B,
an act to amend the Administrative Code of the
City of New York.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Padavan, an explanation has been requested of
Calendar 211 by Senator Duane.
SENATOR PADAVAN: Thank you, Mr.
President.
Over the years we have been
proactive in helping the City of New York,
3254
particularly the Buildings Department, in
enforcing code violations, particularly those
that relate to the illegal conversion of
dwellings which produce both hazardous
conditions, resulting in fires, people getting
killed in attics that have been converted to
apartments and basements with no exits and so
on.
We did that in a variety of ways.
We raised the potential fines. We authorized
a more effective means of serving violations
known as "nail and mail." We required that
Con Edison not issue -- or not install
additional meters without the owner of the
property producing a Certificate of Occupancy
which would indicate clearly that it is a
multiple dwelling, two- or three-family.
And many more fines have been
issued by the Environmental Control Board
which administers this process.
Unfortunately, we have many individuals who
just ignore those fines. As a result of
which, the very goals that we set out to
achieve are not being met.
And so what this bill would do
3255
would be to allow for a tax lien against the
property to the extent of those unpaid fines
issued by the Environmental Control Board.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Would the sponsor
yield to a couple of questions?
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I want to frame
my question by voicing my concern. My concern
is that a tenant, particularly in an SRO,
though I understand it's only -- I believe it
only applies to wood-frame SROs.
SENATOR PADAVAN: Yes, it does.
SENATOR DUANE: If a tenant
complained about conditions in the building or
if they thought there was a violation, are the
tenants who live in these SROs in any way
protected by rent protection or tenant
protections?
SENATOR PADAVAN: Well,
3256
obviously, we do have Housing Court, which
deals with protecting tenants in a variety of
areas. They would have redress there.
But I don't quite understand the
nature of the question in regard to the
Buildings Department and enforcement of the
Building Code and the zoning resolution.
That's what, fundamentally, we're dealing
with.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I agree with the
concept of the legislation, and I probably
will be voting yes on it.
But I've found that oftentimes if a
tenant voices a complaint in a building, what
happens is if the tenant is not guaranteed the
ability to sign a new lease through tenant
protection, that the landlord can retaliate by
3257
refusing to renew the lease for a tenant in
this kind of a dwelling.
SENATOR PADAVAN: That may be
true, Senator, but it's totally unrelated to
this bill. That issue has no bearing
whatsoever on the enforcement of the Building
Code and zoning resolution by the issuance of
fines by the Environmental Control Board.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I am interested
to know whether or not the tenants in these
single-room-occupancy buildings are protected
by rent protection, if they're either
rent-stabilized SRO tenants or not.
SENATOR PADAVAN: I presume they
are. But again, I don't understand the
relevance to this bill.
SENATOR DUANE: Through you, Mr.
3258
President.
ACTING PRESIDENT MEIER: Do you
wish the sponsor to continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: Senator
Padavan continues to yield.
SENATOR DUANE: Well, if the
level of punishment for the landlord is being
raised, I believe that that would probably
make that landlord angry and the landlord
could take that anger out on a tenant who
brought the violations to the Building
Department's attention.
And if the tenant is not protected,
they could potentially lose their home because
they did the right thing by complaining about
a Building Code violation.
So that's basically what my concern
is, whether or not the sponsor believes that
most of the buildings, the SROs covered in
this legislation have enough units that they
would be covered by New York State's
rent-stabilization laws for SROs.
SENATOR PADAVAN: Under the
rent-stabilization law, under the
3259
configuration of the Housing Court, which is
of course aggressively pursued by not only
agencies under the jurisdiction of the City of
New York but also entities that work with
tenants, their rights to continue as a tenant
are fully protected, irrelevant to making a
complaint for any reason.
They could be making a complaint
for lack of heat -- which, as you know, the
city would then act upon -- lack of
maintenance, problems relevant to their
security deposit. There are a lot of things
that tenants complain about, none of which can
result in a punitive action by the landlord
against them, either in terms of services or
in terms of renewal of their lease.
Neither would that be the case
here.
SENATOR DUANE: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: I'm going to vote
in favor of this. But if it is also passed by
the Assembly and becomes law, I would like to
3260
make sure that we watch and make sure that
there isn't an additional level of harassment
of tenants if they do make complaints about
these buildings.
I certainly understand and agree
with forcing a landlord to pay their fines by
using a lien. But I'm also concerned that the
tenants in those situations are made aware of
their rights under the law to remain in their
homes.
I have seen too many cases of
tenants who have lost their homes, signed bad
stipulations because they didn't know their
rights under the law.
And I just think every time we add
an additional burden onto landlords, that
sometimes that causes some of them to take out
that anger at being forced to keep to the law
on tenants that are oftentimes unrepresented
in Housing Court or don't even make it to
Housing Court before they lose their homes.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Mr. President,
3261
will the -
ACTING PRESIDENT MEIER: Senator
Lachman, could I interrupt you a moment?
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Civil Service Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Civil Service
Committee in the Majority Conference Room.
Senator Lachman, I apologize. You
have the floor.
SENATOR LACHMAN: Yes, thank you,
Mr. President.
Through you, Mr. President, will
the Senator yield for a question?
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LACHMAN: I believe I
know the answer to this question, but I want
it for the record only because the title for
3262
this bill could give an erroneous impression:
"Provides for the enforcement of judgments and
violations of the Building Code by the New
York State Environmental Control Board as tax
liens against the property." Even the squib
that goes along with it isn't that clear.
But I assume, Senator, that you are
not referring to any stores or shops, their
signage, their canopies -
SENATOR PADAVAN: Senator, if you
read the -
SENATOR LACHMAN: Yes, I have.
SENATOR PADAVAN: -- the bill
itself, it deals with judgments against an
owner for a Building Code violation in respect
to (A) a private dwelling; (B) a wooden frame,
single-room-occupancy multiple dwelling or (C)
a dwelling with a legal occupancy of three or
fewer dwellers.
So clearly it deals with dwelling
units.
SENATOR LACHMAN: Okay, good. I
just wanted it for the record because when we
received this, you could not tell what the
bill was about.
3263
I knew you would give me that
answer. I wanted it on the record. Thank you
kindly.
SENATOR PADAVAN: You're welcome.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you.
Mr. President, I appreciate Senator
Duane's comments and concerns about the
potential for punitive action taken by an
owner against a tenant who notifies the
Buildings Department that there are potential
violations.
But unfortunately, an owner can do
that right now. And I'm not sure that this
legislation would cross that threshold to
increase the chances that a landlord is going
to take some kind of negative action. And if
the landlord did that, there could be redress
in the courts, as Senator Padavan points out.
But what this legislation certainly
3264
will do is finally provide some teeth, some
enforcement teeth that has been absolutely
lacking for years and years on two levels.
One is in the determination of the Buildings
Department of the City of New York to
aggressively pursue these violations. And two
is their lack of adequate mechanisms with
which to pursue that enforcement. This
remedies the second of those problems.
So I commend Senator Padavan for
bringing this legislation. I hope that the
Assembly sees fit to pass this, because we
have the unfortunate situation, particularly
in Queens -- and this affects many of my
constituents in a number of the communities in
which I represent -- where owners simply
ignore the violations. They absolutely ignore
them.
And it is with that audacity that
they continue to act as a consequence of there
being no deterrent factor in the law. And we
have the unfortunate situation periodically of
seeing fires in homes where there are illegal
occupancies, and they're risking people's
lives.
3265
So this legislation is a solid
piece of legislation. It provides an
enforcement tool that is necessary to remedy a
problem that everybody knows exists and we
have been frustrated with for a very long time
in not being able to go after these
recalcitrant owners.
This is a good piece of
legislation. I urge all of my colleagues to
support it.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect in 90 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
controversial calendar.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes,
3266
there is.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President.
On page 57, I offer the following
amendments to Calendar Number 765, Senate
Print 7725, and ask that said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR KUHL: Thank you.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Could we just
stand at ease for a few minutes.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:32 a.m.)
(Whereupon, the Senate reconvened
at 11:44 a.m.)
ACTING PRESIDENT MEIER: Senator
3267
Bruno.
SENATOR BRUNO: Can you at this
time recognize Senator Montgomery.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes. Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar 837.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 837.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President, I
believe that there is a privileged resolution
at the desk by Senator Marchi. I would ask
that it be read in its entirety and move for
its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the privileged resolution
in its entirety.
THE SECRETARY: By Senator
Marchi, Legislative Resolution Number 3480,
paying tribute to the memory of Malcolm
3268
Wilson, esteemed former Governor, Lieutenant
Governor, and Assemblyman of the State of New
York.
"WHEREAS, This Legislative Body was
saddened by the news of the March 13, 2000,
death at age 86 of Malcolm Wilson, the 50th
Governor of New York and 15-year Lieutenant
Governor during the administration of the late
Governor Nelson A. Rockefeller; and
"WHEREAS, Governor Wilson, as an
Assemblyman for 20 years, as a Lieutenant
Governor for 15 years, and as Governor for 13
months, figured importantly in the life and
history of New York State, in a career devoted
to service to his state and to his nation; and
"WHEREAS, Malcolm Wilson's imprint
on New York State history is documented in
many ways, including his sponsorship of 432
bills which became law during his tenure as an
Assemblyman, which began with his election to
the Assembly from Yonkers in 1938, at age 24;
and
"WHEREAS, Those laws ranged across
the spectrum of important public interest.
They included one which created the Higher
3269
Education Assistance Corporation, providing a
state-guaranteed loan program for students
going to private or public colleges. Another
extended Social Security coverage to public
employees. And yet another provided Workers'
Compensation coverage for victims of silicosis
and other dust diseases; and
"WHEREAS, Malcolm Wilson's legacy
as an Assemblyman also included a post-World
War II bill which gave preference in public
housing to war veterans and tax exemptions for
seriously disabled war veterans, and produced
Wilson-sponsored laws to combat dishonest
salesmen, to attack debt-consolidation con
artists, to help rehabilitate prisoners who
were on parole, and to crack down on crooked
gamblers who sought to bribe athletes; and
"WHEREAS, long before public
interest turned to environmental protection,
Malcolm Wilson authored 18 laws to improve the
ecology.
"The professionalism, friendly
demeanor and humility which helped make him
one of the great legislators in New York
history served Malcolm Wilson well when he
3270
became Lieutenant Governor in 1959.
"In his years with Nelson
Rockefeller, Governor Wilson helped formulate
and advance the progressive programs which
helped New York earn and maintain its
reputation as the Empire State. Among the
programs he helped conceive and foster were
some of the landmark creations of the
Rockefeller years -- the Pure Waters Program,
the Statewide Transportation Improvement
Program, Medical Assistance for the Poor, the
State University Expansion Program, and the
Bundy Aid Program to help private college and
university students; and
"WHEREAS, It was Malcolm Wilson who
persuaded Governor Rockefeller to press
President Nixon for federal revenue sharing to
help states that were in financial straits
during the 1970s. The federal revenue sharing
legislation and law grew out of extensive
negotiations, involving, among others,
Governor Rockefeller, then-Congressman Hugh
Carey, U.S. House of Representatives Ways and
Means Chairman Wilbur Mills, and then-New York
Lieutenant Governor Malcolm Wilson.
3271
"Both houses of the Legislature
benefited from his years in Albany as
Assemblyman, Lieutenant Governor and Governor,
but it was during his tenure as Lieutenant
Governor that he enhanced the dimensions of
the New York State Senate as its presiding
officer.
"Governor Wilson's skills as a
parliamentarian and problem-solver, evident in
his knowledgeable, firm and genial rulings
from the chair of the Senate, alternately
impressed, educated, amused and dazzled
legislators, visitors and members of the press
who witnessed them and wondered whether it was
really Mr. Wilson who wrote Robert's Rules of
Order.
"Governor Wilson was so
knowledgeable as a presiding officer that he
never experienced a reversal of any ruling he
made from the chair; and
"WHEREAS, The New York Times,
taking note of his speaking and parliamentary
skills, once reported: 'Mr. Wilson has
presided over the Senate as if it were as
manageable as an amusing desk-top ant farm ...
3272
He regularly has settled rules conflicts
against the Senate (Democratic) minority with
such artful legalese that on one occasion the
Democrats had to applaud even as they
complained that he was changing the shape of
the bat and ball in midgame'; and
"WHEREAS, While he was presiding
over the Senate, Malcolm Wilson's legend as
the ultimate government professional drew much
from his special persona and style: his
crewcut hair, his thin neckties, and his
deliberate, tongue-in-cheek use of
multi-syllable words and quotations from
classical Latin writers -- all of them
elements of his role in making the Senate
chamber a forum not only for debate, but also
for good humor and admirable erudition.
"Governor Wilson also occupied a
position of national prestige among his
government peers through which he rose to many
intrastate and nationwide leadership posts,
including the presidency of the National
Association of Lieutenant Governors.
"While government service was the
passion of his public life, Malcolm Wilson's
3273
private life was equally satisfying, because
of the love and support of his late wife,
Katharine McCloskey, who he married on
September 6, 1941, and who died in 1980; their
two daughters, Kathy (Mrs. John M. Conroy) and
Anne (Mrs. Lester G. Matthews); and six
grandsons; and
"WHEREAS, Malcolm Wilson prepared
for his life in the law and government by
graduating from Fordham Preparatory School,
Fordham College, and Fordham University Law
School, developing a proficiency in Latin,
Greek, the classics and law, which were on
display in admirable form throughout his life.
"Like others of what Tom Brokaw has
called 'The Greatest Generation,' Governor
Wilson enlisted in the U.S. Navy while he was
in his third term as an Assemblyman. He was
commissioned an ensign in 1943 and oversaw a
gun crew on an ammunition ship that supported
landings of Allied forces at Normandy on D-Day
in 1944 and at Anzio in January 1944.
"Even though he worked long days
and nights, Governor Wilson enjoyed some
hobbies. He played golf, rode his bicycle on
3274
the streets near his home, and counted himself
an ardent fan of the New York Yankees. A
longtime friend of New York Giants football
owner Wellington Mara, a fellow Fordham
graduate, Mr. Wilson was a season-ticket
holder for the Giants and kept an eye on both
the Jets and Buffalo Bills on television; and
"WHEREAS, It is the custom of this
Legislative Body to pay tribute to men and
women who have espoused and advanced the
public interest in New York State, Malcolm
Wilson truly merits such recognition. Seldom
in New York's history has a public figure
served his state and his nation as well as he;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to consider
the many substantial contributions to the
public good made by the late Governor Malcolm
Wilson, to express its appreciation for those
achievements and to make its thanks a matter
of public record; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to the family of Malcolm Wilson, with the
3275
prayers and sympathy of this Legislative
Body."
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President.
The resolution we just heard read
now becomes a permanent record in the archives
here in the history of New York State. And
anyone that would ever want to in the future
review some of what went on in his life would
find that as part of the history of this
state.
And I rise really -- and there are
people here that knew him better, knew him
longer. But I knew him when I was a staff
person, when I was a staff person in the
Assembly and he was Lieutenant Governor and
later became Governor.
And Kathy, his daughter, is here
with her husband, Jack Conroy. And, Kathy, I
just want to tell you what anyone would say
that was exposed to Malcolm Wilson. He was
just sincere, he was a gentleman, he was just
what we would think anyone in public service
3276
ought to be.
He time and time again would make
me and a lot of others like me a hero.
Because I'll never forget when I'd be there in
a crowd of four or five people and he'd come
over and he'd say, "Hi, Joe." And people
would say, "Do you know him? He knows you?
He knows your name?"
Well, I just left -- I don't think
they're in the room -- some retirees who are
in here lobbying for their COLA. And I'm sure
that the Governor would be very supportive.
But one of the retirees worked in government,
as they all did. And she said she worked in
the Budget Division, and he would walk in the
room with people and call them by name, call
her Cynthia. And they were just overwhelmed.
Many of us kind of sometimes cover
up when we don't remember somebody, and we try
and just fake it. But with him, as she said,
he didn't fake it. Because he would say, "I
saw you out somewhere last week."
But I will never, ever forget I was
in Glens Falls, my hometown. He was the
Governor. He spoke at a Republican function
3277
up there. And there were more people
assembled than they ever assembled in a little
community like Glens Falls.
I was sitting there, I was on
staff. And this is something that I will
never, ever forget as long as I live. I'm a
staff person. The Governor is up front
speaking to hundreds of people in my hometown.
And as he opened his talk, he mentioned -- I
was in the back of the room -- my name, what I
did for Perry Duryea in the Assembly, and went
on literally for five minutes talking about my
contribution to state government, what I did
here. And when I -- the papers printed all of
that.
And I've just got to tell you that
as -- I was once younger -- as a young person,
to sit there with my family, my colleagues, my
peers, people who were successful up there in
politics, to have the Governor single me out
and talk about me, not just as an
acknowledgment but at great length, if
anything elevated me to a position where I
could then have the confidence to run for
public office, it was probably that.
3278
And I said that to him at one time.
I had the privilege, when I was visiting with
him, of just saying, "You know, you would
never know the effect that you've had on so
many people whose lives you have touched with
your sincerity, with your being a real person,
which you're not being elevated and looking
down on people but just relating to them as
you would to anyone in your life."
That's something you don't forget.
And if I were crediting anyone that would
inspire me, it was Malcolm Wilson.
So, Kathy, I say that because there
are so many things that he did that are part
of this resolution. But the people whose
lives he touched, they don't have an
opportunity to stand here and express it in
any public way. But they are out there by the
tens of thousands, and I'm sure that you have
heard from them. And as you go through your
life, you'll continue to hear from them.
And all we have to do is reflect on
the impact that he has made on people and the
impact that he made on this state, and words
don't have to go beyond just saying that New
3279
York State is the Empire State and is so much
better for his 38 years of service.
Thank you.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: Mr. President,
Senator Bruno, I followed -- I had the same
experience. I came here as a staff Senate -
not Senator, but back in 1953, 47 years ago.
And I met Malcolm Wilson for the first time
then. And we became fast friends.
And all the things that Senator
Bruno mentioned were absolutely true. When he
was up there, anyone having a problem -- and,
Senator Paterson, you might ask your father,
Basil, that on that side of the aisle they
would go right up to him and sit next to him
and say, "Gee, I like this bill, what do you
think?" He'd say, "Well, it's not good for
you in your district." Despite that it was
one of the bills that we were carrying and
wanted to see passed.
But he would say directly. And he
would give anyone that went up there -- the
advice wouldn't be any better for any member
3280
of the Senate. This is the way he treated
each and every member.
And so that what you said, Senator
Bruno, strikes a resonance that is so
identifiable with anyone having that kind of a
friendship.
As a legislator, as a person who
came here, left and served in combat during
World War Two, immediately on his return he
was reelected. And he had to win that seat,
because it wasn't a Republican seat at the
time when he ran for the first time. He won
and stayed on.
He was a superb parliamentarian.
We point out in the resolution that he was
never reversed. And they say that's very
easy, because there were points that were
brought up.
I remember very clearly when we
went into joint session with the Assembly.
And Senator Brydges was then the chair. And
we had decided that we would stress the point
that there were -- that's why it's never been
revisited again -- we were -- with 60 Senators
and 150 Assemblymen, we ought to have weighted
3281
voting. At that point we already had the
weighted-voting principle.
And so pursuant to that reasoning,
Senator Brydges said -- and we were debating a
joint resolution of the two houses. I believe
it was on the selection of a Regent. And that
may strike -- strikes a comparison. And so he
said, "Well, if we had that, the equation
would be a little different. And we have
one-man-one-vote. Why not? So I move that
we -- the our method be altered to reflect
that."
And he said, "No, you're out of
order." He said, "The one-man-one-vote
rule" -- or one person, as was later correctly
politically stated -- he said, "it doesn't
apply. The Constitution says that they all
assemble and they take a collective vote from
the two houses."
We appealed that. It went to the
Court of Appeals, and we lost. We can never
repeat that again. I mean, there's a very
heavy preponderance of evidence.
That's how -- how precise and
particular. And his judgment was so
3282
excellent. He -- his mastery of language, the
recitation that he studied Latin and Greek -
and he did this with great distinction in his
academic background -- reminds me of another
good friend Bill Buckley, who has that same
propensity, whether you agree with him or not,
for the use, precise use of words for what
they mean. And Malcolm Wilson was that kind
of an individual.
Nationally, he was chairman of the
Lieutenant Governors. Which doesn't really
state the whole case, because every state
doesn't have a lieutenant governor. But I can
tell you this. In the early days of the
Council of State Governments -- and I've been
on their executive committee since 1965. But
before then, even, I met people of all hues
going way back.
He was known nationally, he was a
national figure, because he was the one
authority that they would repair to in matters
of historical, governmental interest, history.
And he was the one they repaired to from all
of the fifty states. That was the measure of
the individual and the esteem with which he
3283
was held.
He ran for Governor in -- when he
lost to Governor Carey, who was a friend and
was very helpful. There was a reciprocal
friendship and help at that time, even. But
it was a very -- kind of a trough that year
that the Republican Party was in, and it was
not auspicious.
But I can tell you the enormous
significance -- we've had lieutenant
governors, and we have a very lovely one now,
and she's very good. But no one, no one could
match the gifts and what -- the impact and the
input that he had with Nelson Rockefeller.
Now, I know many of you will whiz
around Albany and going from where Hughie
lives, where Senator Farley lives, all the way
around, and go to different restaurants and
hotels and attend functions. We wouldn't have
been able to do that in the old days when we
first came up, because we were very -- we were
distant, and it was very slow getting around
Albany.
But he had an immediate impact.
And he -- at that time the Republicans were
3284
even in a worse trough than at the time that
he himself had run. And this is in 1958.
Averill Harriman was not a poor
governor. I knew him. I would not say I was
very friendly with him. But the odds were
that he might be the next president of the
United States. That was the -- that was the
thinking in some of the political equations
when we were doing bills under Governor
Harriman.
But Nelson Rockefeller was taken
around to each and every member, and when
they -- I don't know how many of you have
known Nelson Rockefeller, but he had a magic
that was unique and a gift that was amazing,
and could command staff.
He supplemented his staff. I don't
know whether it's legal today. But, I mean,
the Kissingers and the rest of them that came
on were all developed by him and served with
the administration, and we performed wondrous
things.
Raised a few taxes along the way,
but we have probably the most complete
infrastructure in the United States in terms
3285
of the State University, which was virtually
nonexistent.
All of these things, Malcolm Wilson
was there every time. I can say that having
participated in endless conferences. I would
go with Senator Brydges, Senator Anderson, and
myself to breakfast for weeks on end during
the days of the session at the invitation of
the Governor, and he would have Bill Ronan, he
would have sometimes even the -- Bill Ronan
and the -- oh, our comptroller, who was -
SENATOR LACHMAN: Levitt.
SENATOR MARCHI: Levitt, Arthur
Levitt. Levitt and -- and the attorney
general would also be kidding each other all
the time. But there were people that would
come in, and the scenario would change.
But I remember I was there all the
time. Malcolm Wilson attended each and every
one.
And he would consult with Malcolm,
and there was this interplay. The ultimate
decision was Nelson Rockefeller. But I can
tell you that there was no one in the state of
New York or indeed the planet earth that had
3286
the impact that he did, Malcolm Wilson, on the
formulation of gubernatorial policy, the
responsibilities devolving on the chief
executive of this state that he had.
So he had the information, he had
the logic, he had the powers of suasion. All
of these gifts he manifested with a total
devotion. He was not trying to upstage
anybody.
If he had carved a niche for his
own and he was thinking of himself, he might
have done that, and maybe he would have
profited by it later on. But he was totally,
totally devoted, totally devoted to the
success of the administration and his good
offices.
And this was a friendship. This
was not a superior and someone that -- a
dependent. This was an individual who out of
great friendship, which was heartily
reciprocated by the Governor, enabled things
to change in such dramatic ways. And we enjoy
the benefits of it, I think, in terms of
enormous strides that were made during that
period.
3287
So it's -- it's -- when he left
office, some of you have met him. And I
believe -- well, you mentioned -- several of
you have mentioned the fact that you'd seen
him at our Senate Club dinners. And he always
made them as long as he could. And they're
having another one. And I was speaking to the
chairman, Mega, who said that it's -- we're
sorry that -- you know, I don't think he was
there last year. But he had been there two
years ago. Stachowski was present at the
time.
So I offer this, I offer this for
the spirit in which it's tendered and for
years of very close personal friendship, which
I treasure.
And that should be in the archives
and the records of this state, all the
numerous bills that he promoted, the
numerous -- well, his own bills, for instance,
Bundy Aid to Higher Education Assistance,
where students -- we had our millionth
graduate about four or five years ago from the
State University.
He created the framework as an
3288
Assemblyman so that this method of rising
would be put in place and supporting the
effort of the expansion of the State
University to the great service, educational
and academic service that it is rendering to
the people of this nation.
I'm pleased that Kathy and Jack
Conroy are here. And there are grandchildren,
there are people who are the conservators of
this great heritage on a very personal,
familial basis.
And knowing that and being aware of
the love and esteem and affection with which
your father was held, I -- it has to be a
renewal of the experience which you have in
all of your waking moments. And I remember
your mother so well. I mean, it -- it's
moving to talk about it.
But we are very, very happy that we
can do this. The capricious nature of the
logistics of legislation and the time after
the budget, we would have been more numerous
at this point. But the feeling was there.
The feeling was there, and not only within our
state. There are still people, when I move
3289
around a bit and meet others from elsewhere,
who remind me of that fact.
So we know that he was -- his
spiritual strength was great and that he's up
there with your mother. And I think he's
looking down, and they're both smiling their
approval.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Thank you, Mr.
President.
As Governor Wilson often used to
say, anything that I could add would deserve
little more than a footnote. Today this is
true for me. But it was not true for Malcolm
Wilson.
I could go on in the same vein as
Senator Bruno, the same vein as Senator
Marchi. But when the Governor would travel to
throughout the state, it was just amazing the
people that knew him. And he knew them, and
he talked directly to them, person to person.
He never appeared to be in a hurry
when a person would come up to talk with him.
He had time, and he listened. Yet he of
3290
course was efficient. He would move on, but
he always had that way about giving everybody
the time of day. Sometimes many of us get in
a hurry and we just move on.
As I say, I could go on along the
lines of Senator Bruno and Senator Marchi, but
I would also point out that very often, very
often so much was done -- and this is in line
with what Senator Marchi said -- that really
it was Malcolm Wilson that should have
received credit for so much. But he always,
always was very humble, did not push himself
into the limelight. When he would travel
throughout the state, he wanted it very
low-key.
And that was true when he was
Governor. He didn't want to make a big
splash, so to speak. He wanted to be sincere
and he wanted to be -- as we would say, give
everybody an opportunity.
An orator? One would find no
better orator.
I have to also mention, myself -
just as it's going to be mentioned today after
I speak, it was mentioned before I'm
3291
standing -- and that is the help that he gave
all of us as young candidates. It's amazing,
I can remember in 1965 him coming to
Plattsburgh and taking you by the hand, so to
speak, literally by the hand, and taking you
around with him.
And we were so fortunate. We were
so fortunate. I could go on and on, but I
won't. But I would say he always had time,
Malcolm Wilson always had time for everyone.
And when people were speaking with him, he was
thinking and giving them responses. He was
just not there appearing to listen.
Finally, Mr. President, I would
say, as will be said many times here today,
the state of New York is a better place
because Malcolm Wilson was with us. It's
wonderful that members of his family are here,
Kathy and Jack.
I would say this, that when he
presided -- I think Senator Marchi said
that -- he presided with equanimity and he
always, always, if he had something to
explain, he would get the person aside and
say, This is why I have to do this, this is
3292
why I have to do that.
We're all here today, and there's
no forum that is more fitting to have this
eulogy or to be speaking of Malcolm Wilson
than the New York State Senate, because he was
so proud to preside. He enjoyed every minute
of it.
And, Mr. President, as I said
earlier, New York State is much better because
Malcolm Wilson was an Assemblyman, Malcolm
Wilson was a Lieutenant Governor, he presided
over the Senate.
And I remember a eulogy that he
gave for Senator Barrett down on Long Island
when Senator Barrett passed on. And he
concluded his remarks about Senator Barrett by
stating, "He was a man."
Governor Wilson was a man.
ACTING PRESIDENT MEIER: Senator
Goodman.
SENATOR GOODMAN: Mr. President,
we often say that we love someone and we use
the term loosely. In the case of Malcolm
Wilson, I think I can say that he was the most
beloved Senator or person involved with the
3293
Senate of anyone I knew in my 32 years in this
body.
Malcolm Wilson was an extraordinary
individual of immense warmth and total
loyalty. And I think it's worth reflecting on
a few of the remarkable things that he
contributed during his lifetime.
First of all, it may not generally
be known that Governor Rockefeller's first
campaign was a very difficult, uphill run.
Nelson Rockefeller, believe it or not, was an
underdog in that race. And to get Nelson
Rockefeller well-launched, Malcolm Wilson took
out his automobile and drove Nelson
Rockefeller personally all around the state of
New York to introduce him to various county
chairmen around the state.
It was Malcolm's influence and
Malcolm's prestige which rubbed off on
Governor Rockefeller, who at the time was not
widely known and widely supported in the state
of New York. By the time that tour had
concluded, he was launched, and the rest is
history.
Malcolm Wilson, in his role as the
3294
Lieutenant Governor, might just as well have
had a control panel and a steering wheel up
there at your podium, Mr. President, because
very frequently by remote control he steered
some of our best legislation to passage in
difficult times of great opposition, certain
measures which he favored.
He was a master parliamentarian.
No one has ever met his equal in that regard.
And he understood the very -- every muscle,
sinew, artery and vein in what makes the
Senate a body. And from his podium he
invariably was able to control much in the
most gentle and affectionate way.
I recall one evening very late, it
must have been 4:00 a.m. in the morning, when
an Assemblyman arrived in this chamber,
entered by the far door. It happened to be a
member of the Democratic party. And with him
was a lady in a pair of lounging pajamas.
This was a distraction to the members, to say
the least. And the Lieutenant Governor said,
"If the members will please focus totally upon
the next bill, it would assist in doing the
people's business." Which naturally brought
3295
down the chamber, because there was a
diversion which might have distracted from the
people's business at that time.
Let it be said that Malcolm
Wilson's sense of humor was enormous. I
remember he presided as the chairman of a
group known as the Micky Mouse Club. I doubt
that any of you has ever heard of the Mickey
Mouse Club, but you should know that once a
year in this Capitol there gathered a group of
people who clandestinely arrived at Jack's
downtown wearing Mickey Mouse T-shirts under
their civilian clothes, and they would go to
the third floor of the restaurant, produce a
pair of mouse ears, and sing the Mickey Mouse
song, which at that time gained great
popularity: M-I-C-K-E-Y, M-O-U-S-E, with
Malcolm Wilson leading the ceremony, and to
the delight of everyone. This was a
nonpartisan group, and one of the memorable
and humorous episodes in Malcolm's long career
of goodwill and good spirit.
Malcolm was a sesquipedalian. I
didn't know what that word meant until he
accused me of the same thing. But
3296
"sesquipedalian" refers to multiple pedals or
feet on a paramecium, I believe. But it's
generally used to describe someone who is very
loquacious and uses a lot of big words.
Malcolm loved the word "sesquipedalian" and
used it from time to time, even to describe
his own oratory, which was absolutely unique
in its eloquence.
I should also say that Malcolm was
a very major advisor in many instances where
his advice was sought and had great impact. I
recall in my own campaign in New York City in
1977 for the mayoralty of the city, Malcolm
could not have been more helpful. He
indicated the great difficulties I would face
running in a 9-to-1 Democrat-versus-Republican
environment. He advised that at all times I
get a good night's sleep and maintain my
equilibrium and good spirit and sense of humor
in order to survive the experience.
It was only using that advice that
I think I was able to emerge from one of the
notable statistical fiascos in the history of
the Republican Party.
(Laughter.)
3297
SENATOR GOODMAN: Let it be said
that Malcolm, beyond his public service
career -- of course when he became Governor,
he carried out those responsibilities with
tremendous skill and dedication. And it was
only due to the fact that the tide ran against
us, I think, that he was ultimately defeated
for Governor.
I do remember visiting him in his
office during that period and finding he was
writing personal handwritten notes to everyone
who had written him a congratulatory letter
when he succeeded Nelson Rockefeller when
Governor Rockefeller became Vice President.
I thought to myself, if he's going
to write every one of these people handwritten
notes, there'd be little time for any other
campaigning. But somehow he managed to do it
all.
Finally, after he left office and
was an officer of a major bank in New York, I
went to see him and visited with him and had a
chance to listen to his reflections on his
years of public service. He was a highly
respected bank executive at the time, but his
3298
sense of the importance of being publicly
available to perform true service to people
was at the very core of his being.
He was a statesman, he was a noble
man and a gentleman, and one whom I shall
never forget.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you, Mr.
President.
I rise to salute Governor Wilson.
Senator Bruno and Senator Marchi both knew him
as staff, going way back then. I didn't know
him as staff; I couldn't get a job as staff
here. But he was very, very instrumental in
me coming into the Senate.
He grew up in Yonkers and so forth
with all of my cousins, went through Fordham
Prep and Fordham Law School and Fordham with
all of my cousins, and knew all my family
well. And consequently, he was very, very
helpful.
And I think it was significant what
you said, Senator Stafford, how he -- and
Senator Bruno also alluded to it -- how he
3299
paid attention to small and little people.
And he was very, very kind to me. And let me
just say this. And I worked as a regional
coordinator for his campaign for Governor, and
it didn't work out that well.
But when I ran for the Senate, I
was in a -- just to show his loyalty, I was in
a very vigorous Republican primary, and
Governor Wilson, former Governor Wilson, was
very, very active trying to help me in every
which way. As a matter of fact, calling me
several times a week giving me advice and so
forth. And I was able to survive that primary
and go on to defeat an incumbent to come into
the Senate.
But he was always so good to me and
wrote me all kinds of notes several times a
year. And I recall that I'd tell him about my
children, and he did remember their names and
what they were doing. And when my daughter
became a lawyer, he wrote me quite a note
saying how proud he was of Kathy and what a
wonderful thing that women make as lawyers.
And he was always so personal with
everyone, and such a kind man.
3300
And I just want to say something
about the Senate Club, because he had a
special relationship with this house. And
every year at the Senate Club meeting, he was
the focal point of these Senators to come and
hear Malcolm Wilson, if you will, give a
history, almost, of this body and of this
state.
And he was truly a legend. I never
served in this house while he presided. But
I'll tell you, almost everything that is
written up there and every piece of procedure,
Malcolm Wilson devised and wrote and put into
the -- into all the rules of the Senate.
He certainly was an incredible man.
I think that something was said -- and so much
has been said by Senator Marchi and so many
others -- but he doesn't really get all the
credit for what he's done for this state. He
was such a large presence. Governor
Rockefeller was a very dynamic and charisma
type of person, but it was Malcolm Wilson that
used to get the nuts and bolts done.
And he was -- I'll tell you, as
a -- nobody, I don't think, will ever serve as
3301
lieutenant governor that had the influence and
the role that Governor Wilson did as
lieutenant governor. And I don't think when
he became governor there was anybody that was
ever more qualified to be governor of this
state. He knew all about state government.
And it was kind of a tragedy that he did not
get reelected.
Those were very tough years for
Republicans. For those of us that recall, it
was the Watergate situation and the Republican
Party was almost thinking of disbanding. And
he had to run in the middle of that, which was
a tragedy.
But I'll tell you, throughout this
state, and particularly in upstate New York,
everybody knew and loved Malcolm Wilson
because he was such a gentle and kind
individual. I know that I'll miss him.
And I'll tell you, I wish he and
his family well. You have a tremendous
heritage to live by, and what a great father
he was. My best to you.
ACTING PRESIDENT McGEE: Senator
Maltese.
3302
SENATOR MALTESE: Listening to
Senator Farley and Senator Marchi, Senator
Goodman, and so many others, it brings so many
memories to mind.
It's true enough, I think it may be
trite in reference to others, but I think we
can safely say that his like will never be
seen again here. And that is not to denigrate
or demean any that shall come in the future.
I think it's an indication of his stature and
the dimensions of the man.
I had occasion to work closely with
him in many campaigns, including his own in
1974. And I remember how difficult it might
have seemed to an outside observer to run in a
year where -- the post-Watergate era, as
Senator Farley was talking about, for a
Republican to run. And yet he never lost his
cheerful demeanor, his presence of mind.
And he was running here in New
York, I remember -- Ramsey Clark was running
for U.S. Senator that year, former Attorney
General of the United States. Senator Jacob
Javits was running then. And I was the
statewide coordinator for a young Vietnam War
3303
widow, Barbara Keating.
And I remember the first time that
Governor Wilson met her. And he had known her
previously, because she had been a resident of
Larchmont. And he went up to her and spoke
about her husband, her five children. It's as
if he knew the entire family for many, many
years. And she felt so much better after
that, and I think it energized her and
motivated her even more to think that such a
fine, distinguished gentleman could be running
for governor.
There are so many bills and so many
statutes that bear his name. And listening to
the resolution, despite the fact that I
thought I knew so much about him, I learned
even more. I'm glad in a way that the
Wilson-Pakula bill, the authorization bill,
bears his name when he was an assemblyman and
J. Irwin Pakula was a state senator, a good
many, many years ago.
And I think it's fitting, because
so many people look down on politics and the
political process, and yet here's Malcolm
Wilson, a giant of a man that certainly
3304
ennobles politics and the political picture.
Governor Wilson unfortunately, as
Senator Farley has said, ran in a year that
circumstances were against him. There never
was anybody better suited, better fitted to be
governor.
I remember he -- I guess it was a
stock speech, because I had heard it -- and
yet you could never call any speech that
Governor Wilson gave a stock speech, because
he added to it and elaborated on it. And I
never understood a good part of the Latin and
Greek and Italian and the other phrases. I
guess the only one presently here that did is
Senator Marchi. And yet he held everyone's
interest. He held everyone's interest for
lengthy speeches.
And he certainly knew the 61
counties. And he's been gone a while, so I
don't remember how many lakes and how many
rivers and how many small towns and cities
there were, but he had them all, and they were
at the tip of his tongue.
Certainly we lost a friend, we lost
a colleague, we lost a great man from New
3305
York. And I'm so happy that he is in the
archives of the state and certainly in the
memories of all his colleagues here.
ACTING PRESIDENT McGEE: Senator
Leibell.
SENATOR LEIBELL: Thank you,
Madam President.
And it's been very interesting and
revealing to listen to the comments that have
gone before.
As Kathy may remember, as children,
we were children, you used to summer up at
Covewood Lodge at Big Moose Lake, and I would
be up there with my grandparents, frequently.
I can always remember your parents coming up
there with the girls to enjoy some time at the
lake.
And my grandfather, who was a
Democrat and a federal judge -- he'd been
Robert Wagner's law partner, the U.S.
senator -- had such a deep affection for your
father. Of course they were both Fordham
graduates. But he had the greatest affection,
love and respect for him and for your entire
family. You were a wonderful family.
3306
And my own father, who had gone to
Fordham Prep with your dad, always told me
about Malcolm Wilson and kept in contact with
the Governor throughout the years as they grew
older.
And he told me of the times at
Fordham Prep whenever there was an important
occasion, whenever there was an opportunity
where they needed a student to come forward,
especially on the religious holidays, he said
to me, "Vincent, it was always Malcolm that
they would pick, because Malcolm was the
greatest orator that we had at the Prep." And
of course that continued throughout his life.
And in later years, I again
rekindled my friendship with the Governor and
had the chance on many occasions to meet with
him. And we would occasionally go out to
lunch, and I would send him the Red Book down
so he would be able to keep up with what was
going on here in Albany.
And I loved to spend time with him.
I used to go down with his former colleague,
Will Stephens, the assemblyman whose son is
now in the Assembly, and we would talk about
3307
politics and the events.
And as you've heard recounted here
today from so many of the members, this was a
most incredible man, all the little things
that people would note. He'd always ask me
about family members, aunts and uncles he
hadn't seen in years but he knew them by
name -- my Aunt Molly, who lived on the West
Coast for decades. He would ask about all the
family members and the relatives.
That showed his great sensitivity
to all of us as fellow residents of this
planet. He had a great mind, he had a great
character.
There are those out there who would
say in this business that it's -- you don't
always find great people. They're wrong.
There are many great people who have served in
this legislative body. There are none greater
than Malcolm Wilson.
He is somebody whose memory we will
always cherish -- a great leader, a naval
officer, a member of this legislative body, a
lieutenant governor who, as was said was by my
colleague Hugh Farley, who ran the nuts and
3308
bolts in the government. And to large extent
the state we have today, the character of this
state, is a reflection of that man.
We will deeply miss him. We are
all much better for having known him and for
having loved him. And our sympathies to the
family.
ACTING PRESIDENT McGEE: Senator
Padavan.
SENATOR PADAVAN: Yes, Madam
President. So much has been said here that
it's virtually impossible to add in any
significant way.
However, I do feel that in every
walk of life and every endeavor and every
profession there is a standard that those in
those activities seek to achieve. With all
due respect to lieutenant governors past and
present and future, while the standard is
there and the standard is Malcolm Wilson, no
one will ever achieve it in its ultimate form.
There are only a handful of
Senators here who had the privilege of being
in this chamber when Malcolm Wilson presided,
a handful who remain. And you've heard from
3309
virtually all of them. And I was one of them
for only one year, but I can tell you that
when I arrived in this chamber as a very new,
totally green state senator, to sit here -
and I sat right there -- looking up and
listening to Malcolm Wilson, it was just
overwhelming.
I'd never heard the kinds of things
that came from his mouth. Not only in the
rulings and in the adjudications and in the
ways that he handled this chamber, but in his
personal demeanor.
And of course as we got to know
each other over that period of time, and later
on as governor, it was just an amazing
experience.
However, I think I must share with
you, because I would be remiss if I didn't,
when I first sought the opportunity to run for
the State Senate, that venture was not greeted
overwhelmingly by everyone, because I came
from the Lindsay administration. And Lindsay
Republicans were not viewed with great
enthusiasm at that time.
But someone got ahold of Malcolm
3310
Wilson, and somehow we got together and
whatever I did or however I did it, I made an
impression upon him. And what he did
thereafter would take too much time to
discuss, and I don't know if I really want to
explain it all.
But I can tell you categorically,
without any question, without his advocacy I
would not have been a candidate and I would
not be here today. And I don't know if anyone
else in this chamber can say that.
And over the years, as we continued
to serve and run for office, Malcolm Wilson's
guidance and notes and personal conversations,
the occasions we would meet, particularly the
Senate Club dinner, he was always an
inspiration to me.
Governor Rockefeller was a great
man. His legacy exists throughout this state,
as others have spoken to. But I think we
would all agree that if Rockefeller did not
have a lieutenant governor like Malcolm
Wilson, who ran the state in so many different
ways, as you've heard -- there isn't any
agency anywhere in any part of state
3311
government that he did not have an intimate
knowledge of.
If Rockefeller had not had the
benefit of that kind of lieutenant governor, I
don't believe that he would have been able to
achieve all the things that he set out to
achieve and accomplished. And obviously that
has been established here as a fact as well.
We are all much better people for
having known him. And those of you who didn't
know him, hopefully today in the things you've
heard and perhaps in the things you will read
about in the future, you too will be inspired.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
LaValle.
SENATOR LAVALLE: Thank you,
Madam President.
Like Senator Bruno and Senator
Marchi, I knew Governor Wilson as a staff
member. And there is no doubt that his
intellect and his knowledge of both the budget
and the inner workings of state government
were well-known and today are legendary.
I have to, even though it's been
3312
brought up by Senator Padavan and other
speakers, I have to just talk a bit about his
presiding in this chamber. As a staff member,
where -- there were little seats up in front
of the members' desks, and we would sit there.
And you would wonder -- at certain times when
there was a conflict, you would wonder what
was going to happen. But without a bead of
perspiration or missing a beat, Malcolm Wilson
would bring a ruling.
And, you know, no one would contest
it, really. I think Senator Marchi talked
about never being overridden. Because I think
he had such deep respect on both sides of the
aisle. And he was so knowledgeable. He never
turned to counsel at his side. He was really
the authority, as if he had written Robert's
Rules of Order.
But I got to know Governor Wilson
in 1974, during the creation of a reform of
the state aid formula. Myself and Neil Foley
and Lois Wilson, no relation to the Governor,
were the three key staff members that worked
on the '74 formula.
And the first meeting that we went
3313
to, lo and behold, who was there but the
Governor himself. And he's there with an
easel, and he's there using the broad strokes
of what he wanted in the formula. Now, this
was a great surprise, because he differed in
style from his predecessor, who was a
delegator.
And Malcolm Wilson was clearly a
person who had such great knowledge and also
could be a knowledgeable staff member and
literally sat at a number of the meetings.
And it was very difficult for the staff to
move who had worked during the Rockefeller
years on education and state aid matters, to
now have the Governor physically seated at the
table. And I must tell you, the knowledge
that the Governor had was absolutely
incredible.
And then finally, after he realized
that we had gotten the message as to what he
wanted, his final words were: "Now, you know
I want you to strip the formula of all the
categorical aids. I want you to make sure
that you close the gap between the
property-rich and the property-poor school
3314
districts." And that's what we did in that
formula in 1974.
But Malcolm Wilson was so clearly
hands-on and knowledgeable about what was to
happen and in what form we were to proceed.
I met Malcolm Wilson campaigning
for election. And the thing I was struck
about that -- I'm not sure it was mentioned
enough here -- is that he was at a dedication
of a pool in the town of Brookhaven, in which
we took a landfill site and made it into a
park with a community swimming pool. And I
saw Malcolm Wilson, the campaigner, with
children on that day. And I saw such a soft
side of Malcolm Wilson in dealing with those
kids and hugging them and dealing with them.
And as Senator Stafford or Senator
Marchi, in talking about the legacy and things
that he worked on and he was interested in -
the tuition assistance formula and Bundy,
making sure that the State University -- which
was a Rockefeller legacy, but to make sure
that that would continue on a proper track.
So we had a Governor who was
probably not only one of the most
3315
knowledgeable governors ever to serve in this
state, but I think a person who was truly a
humanitarian.
And the stories are legion on how
he wrote personal notes to people who were -
had faced some sort of adversity in their
lives and how he truly reached out.
And I'm sure that we don't
realize -- and today in listening to all the
reminiscences of various colleagues here -
that we don't realize enough that each day
that we serve in this Capitol, it is a piece
and a part of history. And Malcolm Wilson
served here both as a member of the Assembly,
as Lieutenant Governor and Governor, and
really has etched his legacy in this Capitol,
in this government.
So to Malcolm's family and the
grandchildren, I am sure that you are all
terribly proud of his accomplishments.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Thank you,
Madam President.
On behalf of the Minority Leader,
3316
Senator Connor, we extend our heartfelt
condolences of this Democratic Conference for
the contributions of Governor Wilson and for
all that he meant to the state.
I think that Senator Farley really
termed it best when he talked about the
nuts-and-bolts work that Lieutenant Governor
Wilson did many times in the Rockefeller
administration, where Governor Rockefeller was
charismatic and outgoing and obviously
controversial and someone the eye of the
camera may have focused on, but, as Senator
LaValle just referred to, some of the changes
in the formula for school aid and some of the
really dialectic work that was done between
1958 and 1973, and then in the one year that
Governor Wilson served as our Governor, up to
1974, that this is the real hard-core effort
that we certainly would expect from all of our
colleagues in the Senate and in government,
and that he truly embodied.
Many Senators got up today and
talked about the different ways that they met
him. And what continued to ring through all
of the different presentations was his
3317
steadfast determination to listen to everyone
and to remember different things about them.
And there must have been at least seven or
eight references to his relationship with
children and how well he interacted with them.
And I have to say that I was one of them.
I met Lieutenant Governor Wilson
when I was here in this chamber when my father
served as state senator from 1965 to 1970.
And the first time I came in the chamber was
in 1966. I was 11 years old. And I sat on
one of those stools that Senator LaValle
referred to that they often let the staff or
the pages sit in, and sometimes they would let
the children of senators sit in those seats.
And I sat between my father and Senator
Wilson, who was Senator Jerome Wilson, who
went on to practice at Rogers and Wells.
And at the time the gondola on
which you stand, Madam President, was higher.
They've changed the contours of the chamber a
lot since then. And at that time the acting
president of the Senate, Lieutenant Governor
Wilson, presided. And I was very moved and
obviously had a great deal of reverence for
3318
this position and this person and the way he
dynamically handled parliamentary procedure.
At that time, the slow roll call in
the Senate was for Senators Adams, Anderson,
Brydges, Greenberg, and Zaretzki, Senator
Brydges being the Majority Leader and Senator
Zaretzki being the Minority Leader.
And at the end of the session, they
took me up to meet Lieutenant Governor Wilson,
which I thought at that point that I was going
to the Land of Oz. To me, this was a big
moment, to meet the Lieutenant Governor.
Well, a couple of months later, I
came back at the end of the school year. And
this was one of the first times that the
session went into July, in 1966. And I'm
sitting on the stool again, and this time the
Lieutenant Governor came down to talk to me
and ask me about the rest of sixth grade. And
so I was amazed that he would even notice me
in what seemed to be this sea of
intellectualism that he presided over in the
Senate.
I would meet Lieutenant Governor
Wilson again in 1970, when he defeated my
3319
father for lieutenant governor, in what would
be his fourth and last term prior to his
becoming governor, in November of 1970. And
he wrote a very gracious letter to my father
after that campaign, one that he has saved
ever since.
And so I hope that the family of
Governor Wilson enjoyed the presentations
today and that they will receive some solace
and comfort and some inspiration from knowing
how many people from all different walks of
life and from all different services in
government revered and admired the work of
their family member, and how the contributions
that he made to the state will be followed and
emulated for generations.
ACTING PRESIDENT McGEE: On the
resolution, all in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
3320
Senator Marcellino.
SENATOR MARCELLINO: Yes, Madam
President.
Senator Marchi would like to open
this resolution up to all the members for
cosponsorship. Anyone not wishing to be a
sponsor, please indicate so to the desk. If
that's okay.
ACTING PRESIDENT McGEE: The
resolution is open for cosponsorship. If you
do not wish to be a cosponsor, please notify
the desk.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, is there any housekeeping at the
desk?
ACTING PRESIDENT McGEE: No,
there is no housekeeping at the desk.
SENATOR MARCELLINO: Well, the
fact that the house is clean is good.
There being no further business to
come before the Senate, I move we adjourn
until Monday, May 15th, at 3:00 p.m.,
intervening days being legislative days.
ACTING PRESIDENT McGEE: On the
3321
motion, the Senate stands adjourned until
Monday, May 15th, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 12:50 p.m., the
Senate adjourned.)