Regular Session - June 3, 2004
3039
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 3, 2004
11:04 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Wednesday, June 2nd, the Senate met pursuant
to adjournment. The Journal of Tuesday,
June 1st, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
3041
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,
Madam President.
On behalf of Senator Skelos, I wish
to call up Senate Print Number 556, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
84, by Senator Skelos, Senate Print 556, an
act to amend the Family Court Act.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR FUSCHILLO: I now offer
3042
the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Marchi, I wish
to call up Senate Print Number 6477, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
598, Senate Print 6477, an act to amend the
Administrative Code of the City of New York.
SENATOR FUSCHILLO: I mow move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR FUSCHILLO: I now offer
the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Flanagan, on
3043
page 51 I offer the following amendments to
Calendar Number 1085, Senate Print Number
7088, and ask that said bill retain its place
on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: On behalf of
Senator Morahan, I move to amend Senate Bill
Number 6030A by striking out the amendments
made on March 31st and restoring it to its
original previous print number, 6030.
THE PRESIDENT: So ordered.
SENATOR FUSCHILLO: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR SKELOS: Thank you. If
we could make them at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 78,
Senator Alesi moves to discharge, from the
3044
Committee on Local Government, Assembly Bill
Number 7448B and substitute it for the
identical Senate Bill Number 5677A, Third
Reading Calendar 1416.
On page 78, Senator Maziarz moves
to discharge, from the Committee on Civil
Service and Pensions, Assembly Bill Number
9885 and substitute it for the identical
Senate Bill Number 5880, Third Reading
Calendar 1418.
On page 78, Senator Volker moves to
discharge, from the Committee on Civil Service
and Pensions, Assembly Bill Number 10318 and
substitute it for the identical Senate Bill
Number 6588, Third Reading Calendar 1423.
And on page 79, Senator Golden
moves to discharge, from the Committee on
Veterans, Homeland Security and Military
Affairs, Assembly Bill Number 10414 and
substitute it for the identical Senate Bill
Number 7091, Third Reading Calendar 1425.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
3045
there's a resolution at the desk, 5350, by
Senator Hoffmann. Could we have the title
read and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Hoffmann, Legislative Resolution Number 5350,
honoring Charles E. Read upon the occasion of
his retirement after 33 distinguished years as
an educator.
THE PRESIDENT: All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
417, by Senator McGee, Senate Print 2777B, an
3046
act to amend the Agriculture and Markets Law,
in relation to award of grants.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
961, by Senator Trunzo, Senate Print 7189, an
act to amend the Executive Law and Chapter 22
of the Laws of 2003, amending the Executive
Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
THE PRESIDENT: The bill is
passed.
3047
THE SECRETARY: Calendar Number
970, by Member of the Assembly John, Assembly
Print Number 10290, an act to amend the Labor
Law and the Executive Law.
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, 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1047, by Senator Little, Senate Print 6485, an
act to amend the Local Finance Law, in
relation to refunding bonds.
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, 43.
THE PRESIDENT: The bill is
3048
passed.
THE SECRETARY: Calendar Number
1083, by Senator Skelos, Senate Print 6143B,
an act to amend the Education Law, in relation
to prohibiting the purchase.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of July.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1187, by Senator Larkin, Senate Print 6996A,
an act to amend the Racing, Pari-Mutuel
Wagering and Breeding Law, in relation to
proposition wagers.
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.)
3049
THE SECRETARY: Ayes, 43. Nays,
1. Senator Padavan recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1225, by Senator Balboni, Senate Print 6545,
an act to amend the Executive Law, in relation
to the reporting of biological and chemical
threats.
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, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1236, by Senator Little, Senate Print 7168, an
act to amend the Executive Law, in relation to
including the Fulton chain of lakes.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
3050
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1246, by Senator Maltese, Senate Print 6533,
an act to amend the Highway Law, in relation
to allowing commercial vehicles.
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, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1351, by Senator DeFrancisco, Senate Print
6737, an act in relation to authorizing the
Town of Marcellus.
THE PRESIDENT: There is a
home-rule message at the desk.
3051
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1354, by Senator Wright, Senate Print 6857, an
act in relation to authorizing the Town of
Parish.
THE PRESIDENT: There is 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.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1410, by Senator LaValle, Senate Print 1470,
an act to amend the General Municipal Law, in
3052
relation to requirements and benefits.
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, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1411, by Senator Trunzo, Senate Print 2526A,
an act in relation to requiring state
agencies.
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, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1412, by Senator Volker, Senate Print 2739A,
3053
an act to amend the Retirement and Social
Security Law, in relation to the method of
payment.
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, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1413, by Senator Flanagan, Senate Print 3587,
an act to amend the Correction Law, in
relation to information disseminated on
Level 3 sex offenders.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
2. Senators Duane and Montgomery recorded in
3054
the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1414, by Senator Volker, Senate Print 3893A,
an act in relation to granting.
THE PRESIDENT: There is a
home-rule message at the desk.
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, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1415, by Senator Alesi, Senate Print 5264A, an
act to amend the Executive Law, in relation to
requiring.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
3055
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1416, substituted earlier today by Member of
the Assembly Koon, Assembly Print Number
7448C, an act to amend the County Law.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1418, substituted earlier today by Member of
the Assembly Wirth, Assembly Print Number
9885, an act authorizing the City of Lockport.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
3056
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1420, by Senator Flanagan, Senate Print 6247,
an act to allow Thomas B. Endee to join.
THE PRESIDENT: There is a
home-rule message at the desk.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1421, by Senator Larkin, Senate Print 6376, an
act to amend the Real Property Tax Law, in
relation to refiling an application.
THE PRESIDENT: Read the last
section.
3057
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1423, substituted earlier today by Member of
the Assembly Higgins, Assembly Print Number
10318, an act to amend the Civil Service Law,
in relation to including.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1424, by Senator Spano, Senate Print 6851, an
act to amend the Retirement and Social
Security Law, in relation to establishing.
3058
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the first of January
next succeeding.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1425, substituted earlier today by Member of
the Assembly Cusick, Assembly Print Number
10414, an act to amend the Executive Law, in
relation to information.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3059
1426, by Senator Stavisky, Senate Print 7329,
an act to amend the Highway Law, in relation
to the designation.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1427, by Senator Robach, Senate Print 7344, an
act to amend the Civil Service Law and others,
in relation to compensation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 17. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
3060
THE SECRETARY: Calendar Number
1428, by Senator Larkin, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Number 1187.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the controversial reading of
the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1428, by Senator Larkin, Senate Print 7364, an
act to amend the Racing, Pari-Mutuel Wagering
3061
and Breeding Law and others.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Larkin,
an explanation has been requested.
SENATOR LARKIN: Thank you, Madam
President.
Senator Schneiderman, as you know
and John Sabini knows, we've been working on
this for a number of months to try to put a
package together that resembles what the needs
of the State of New York are with regard to
gaming and all aspects of it.
With the expansion of gaming, we
decided that we needed to revise everything
that's done with regard to gaming in the State
of New York. We needed basically to restore
the integrity and the confidence that the
people of the state have in our gambling
industry.
This bill also regulates gambling,
maximizes the amount of revenue generated for
educational programs and for the general
operation of our state or local governments.
The bill before you, the Gaming
3062
Reform Act of 2004, comprehensively reforms
the regulation of all horse-racing activities,
OTB operations, the operation of VLTs, Indian
casinos, bingo halls, bell jar tickets. All
of these activities give entertainment value
to their customers as well as providing
well-needed revenue for the state.
A couple of things, generalizing
this bill here. We're going to consolidate,
under this bill, everything under one agency.
Instead of having five or six having something
to do, we're going to have one agency. This
bill consolidates the regulation of all gaming
activities under one roof and will increase
regulatory efficiency, reduce costs, and
eliminate redundancy in the current system.
The new gaming commission will be
granted strong regulatory powers that are
above and beyond that we have now. These
additional powers, we feel, will be adequate
to regulate gaming and will punish those who
violate the laws.
We want to strengthen governmental
supervision of NYRA or any organization that
succeeds NYRA to manage the state racing
3063
franchise. The bill creates the nonprofit
racing agency oversight board. The oversight
board will be five members, three appointed by
the Governor, one by the Speaker, and one by
the Majority Leader.
They're going to have a lot of
wide-ranging powers, Senator, concerning
annual operating budgets, on the establishment
of a financial plan to make NYRA profitable
once again, approve NYRA's compliance with all
laws, approve or disapprove capital plans
submitted by NYRA, establish model governance
principles to improve their accountability and
transparency.
The facility installation of VLTs
at Aqueduct, which has been a prime concern.
Without it, we will not have the resources.
But it excludes from NYRA's definition of
operating expenses, because we found in the
past that we saw no revenue going to the state
because of the manner in which it was
functioning.
But the purpose of computing the
entire adjusted net income, the principal
debit repayments from capital improvements
3064
relating to the construction of VLTs at
Aqueduct. As you know, you and John have
talked about it, that MGM is willing to come
in and be a partner. But they want to make
sure that they're not going to be a partner
until the losses come in.
And it authorizes the oversight
board to operate the VLTs at Aqueduct track in
the event of the revocation or expiration of
the franchise currently granted to NYRA.
Now, we consolidated administration
of horse breeding development funds.
Heretofore, as you know, we have four funds
out there, all going in four different
directions. The bill directs the commissioner
of Ag and Markets, in consultation with the
new gaming commission, to administer funds to
promote the breeding of horses and the conduct
of equine research.
In my opinion, this is a monumental
bill, long overdue. It should help us reform
the horse-racing industry. It should also
help to remove the cloud that has hovered over
this important industry for far too long.
I would like to personally thank
3065
Senator Bruno and his staff for their advice,
consent, in working with us to make sure that
this bill appeared before us today.
THE PRESIDENT: Senator Sabini.
SENATOR SABINI: Thank you, Madam
President. On the bill.
THE PRESIDENT: You may proceed.
SENATOR SABINI: Senator Larkin
is right. And I have great respect for his
expertise in the areas of racing, wagering and
the horse-race industry in this state, which
is a very important one.
And this bill does two good things,
and I'll talk about them first. NYRA needs
some oversight. We all know that. It's not a
big secret that there have been major problems
in NYRA. And in fact, the thoroughbred
industry has not yielded anything to the state
in recent years in terms of revenue because of
some of the mismanagement and secrecy and just
generally bad things going on at NYRA.
And the bill also allows Aqueduct
to commence with the operation of their VLT
program, which will be a great thing for
Queens, a great thing for the state in terms
3066
of revenue. And those are good things.
But what the chairman points out,
this is a monumental bill. And it's a bill
that has been run through the Rules Committee
yesterday. It's such a monumental bill that
all we've heard from the Governor for two
years has been how we're going to solve a lot
of our problems through enhanced gaming
revenue. That's probably true.
But the way to regulate those
issues and the way to make sure we get
enhanced revenue from gaming is not to create
a bureaucracy in basically a day, which is
what we're doing here.
This creates a panel of gaming
czars, in effect, who will be appointed only
by the Governor. The bill -- and others will
go into this, I think -- gives this panel
broad authority and will leave us, I believe,
with the same danger we had going into this
fight with NYRA, that will allow the folks
appointed by the Governor to have really
unlimited authority in the gaming industry.
This is too important for us to do
in one day or two days. We haven't heard from
3067
any of the breeders, really, the
standardbreds, the thoroughbreds, the track
owners. We have a number of our upstate
tracks that are in flux right now. People are
buying them and selling them at a rapid pace.
There's a reason for that. The industry is in
a state of flux, especially since no one knows
who's regulating it anymore.
And while this bill goes to that, I
think we need to have more detail and time and
input. There are other audiences we haven't
heard from. This bill will govern things like
lottery. We have lots of Lotto retailers --
every one of us has hundreds of them -- who
might have something to say about the future
of Lotto and Quick Draw and the various other
games that are sold through them, and affect
their small-business bottom line.
We haven't heard from the tribes
who operate some of our Native American gaming
institutions. We haven't heard from the
municipalities that have been relying on the
new jobs generated by some of these casinos
for their future economic growth.
We haven't heard from any of them,
3068
because we're doing this in classic fashion up
here: run it through in one day. And while
the chairman says they've been working on it
for a long time, no one has seen the document
until yesterday.
If we're going to rely on this
industry or these industries -- casinos,
racinos, tracks, lottery -- for the future
margin of error for our state budget, I think
we have to have a little more time to look at
who's going to regulate it if we're going to
vastly change the regulations and vastly
change the governing board and vastly change
the composition of who's going to regulate
these industries in one day.
I think it's a bad idea. It's bad
public policy. We need to have more
discussion, more input. I don't even think
there's an Assembly version of this bill right
now, as far as I know.
And so while it's a jumping-off
point -- and maybe that's a good thing and the
way we do business in this town -- I for one
don't think this is a good way to do this
policy.
3069
There are some good things in this
bill. I believe in the chairman of our
committee's sincerity and expertise. But I
think the devil is in the details.
And I think it's also important
that we have many of the people who are
stakeholders in this industry, have them come
forward and give us some comment on it and not
do this in two days, which is in effect what
we're doing being asked to do.
So I will be voting in the
negative.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President.
The Senator is right that this is
an important piece of legislation.
And I listened to Senator Larkin in
his very thorough explanation and applaud him
for getting this bill together and getting it
to the floor.
As to timing, the discussion about
racing and wagering in New York State has been
endless. Endless. The last three years, the
federal government has been totally involved
3070
in investigating everything having to do with
racing -- to the detriment of racing,
wagering, and all the people of this state.
So this isn't anything new.
Discussions have been out there basically
stating something different has to be done in
this state.
New York State is the Empire State.
The Empire State. We lag states like
Kentucky, Nevada, California, Florida in so
many ways. Why should we?
So the Governor has stepped up with
this program bill. And this program bill was
put together with the chair of the committee,
with many of the people who have a vested
interest in racing and wagering, charitable
and for-profit, here in this state, with
input, and it was introduced a week whenever
ago.
So it isn't as if the subject was
conceived overnight. It's been in front of us
for years.
Now, we have done some major things
here to move the economy of this state, to
move the health and welfare on behalf of the
3071
people of this state. We've done it together.
This is important. It's important for a lot
of reasons economically. Just with racing,
there's 40,000-plus jobs, as has been stated,
at stake. We do not stand as the premier
racing state, for one, or wagering in all of
the United States. We don't. And we should.
So we can debate and we can
hesitate. And what we do best in the
Legislature is study, review, nothing. We do
that very well. We've done it with CFE, we've
done it with the budget, we've done it with
major issues like Rockefeller reform,
Timothy's Law, power siting, you name it.
What have we done? Nothing. Nothing. We
should be embarrassed.
Now, why have we done nothing?
Why? Don't answer it.
(Laughter.)
SENATOR BRUNO: I was afraid
there'd be an uprising here, Madam President.
(Laughter.)
SENATOR BRUNO: The Assembly said
in February, in March, they will not do
anything until we do CFE. Okay? Nothing. We
3072
met every week with the Speaker, with people,
with the committees, with the Governor --
together, separately -- since January. Okay?
The Speaker says nothing happens until we do
CFE. Okay?
So last week I said: You know,
it's about time we get CFE behind us, isn't
it? Let's get a plan out.
Did anybody get a plan out? No.
Who got a plan out? The Senate got
a plan out. The Governor followed, to his
credit. The Speaker followed yesterday. We
have now three plans out.
And the Speaker said: When we get
those plans out, we'll work on the budget.
Well, that's great. We are leaving
here June 22nd. You all plan on that? You
have it in your calendars?
Now, Madam President, if I am
digressing, I do have a purpose. Okay? I
have a purpose.
UNIDENTIFIED SENATOR: Don't
stop.
SENATOR BRUNO: Thank you.
Now, we are trying to get engaged
3073
in CFE. It's not fair that we leave it to the
courts. We've got to get that done. We have
to get a budget done for the people of the
state.
And we agreed in December on a
calendar, on your behalf -- yours, yours. How
did we get to June 22nd? How did we get
there? We got there by talking with the
Speaker and all of his assistants and the
members there and our members here, and said
we've got to settle a date to get out of here.
Okay. And we debated for weeks,
and we decided -- we were somewhere in the
middle of June, here, to get out. Shelly
said: Nah, it's too early. Okay? He said
something like later in June.
Where there's a will, there's a
way. We want to, we can get out on the 15th,
you can get out on the 28th, you can get out
on the 22nd. If you want to get it done.
If you don't, you can be here until
the Fourth of July, as we have been. You can
be here until August 4th, as we have been, if
you don't want to get it done.
We want to get it done. So we
3074
compromised with Shelly. And I said:
"Shelly" -- and I hope Shelly's listening.
Listen up, Shell -- "tell us when you want to
get out of here." 22nd of June.
"Do you promise and commit that if
we agree and print a calendar that you'll
leave on the 22nd of June with our business
finished?"
"Yes. Yes." We shook hands.
Who was there? Anybody? I don't
remember.
Now, I'm just telling you how we
got there. Now, I met with Shelly yesterday.
I said: "Shelly, you're going to get out of
here as we had committed on the 22nd? If we
agree on a budget today, it takes two weeks to
print it."
"Well, we'll work on it. I got to
get out with CFE at 2:00."
Okay? And Shelly, to his credit,
goes to the board, you know, and puts out:
Reform plus Resources Equals Results for CFE.
Okay?
And my response was, what reform?
What resources? You're not funding anything.
3075
And what results do you expect by throwing
billions of dollars?
Now, that is germane. Because if
you don't fund what you spend, that is
inequitable, unfair to the people of this
state.
So that is not a total plan. I
would be amazed if the courts would accept
that. By the way, what I'm telling you I said
to Shelly again yesterday.
So how does all this relate to what
we're doing? We have to do something. Racing
is not extremely well. The Belmont is this
Saturday. Anybody who can get there ought to
get there and join the 130,000 people. I'll
be watching it on TV, probably having a Lite
beer, and watching the crush. Okay? And I
hope we have a Smarty Jones coming up with the
Triple Crown.
But let me share something with
you. You don't have a Triple Crown race at
Belmont. Saratoga is the only profitable
racetrack here in the Northeast, here in this
state. The only one. Money is lost at
Aqueduct. Money is lost at Belmont. They
3076
make it up, and they don't fully make it up.
Now, NYRA and racing and wagering
should be a cash cow here in this state. It
should produce literally billions of dollars
for education. You want a CFE? You want to
fund high-needs districts? I do. You do.
Now, when you talk about you want
to study, you want to review, you want to
wait -- for what? What we're doing is getting
something done. The Governor, to his credit,
put it together.
The main part of this bill does
five things, if I remember. One, it deals
with lottery, just all of it has to do with
VLTs. One, it deals with charitable --
charitable gambling in a division. One, it
deals with racing. I believe another deals
with casinos and the Indians. And some deals
with oversight, with the policing and the
implementation. Those are the five divisions
in the oversight.
Now, that's what they do in Las
Vegas and in Nevada and in most of the states
that are successful in managing gambling in
their state. That's what they do.
3077
Now, we don't have pride of
authorship here. You didn't invent it; you
didn't invent it. We're copying the
success -- Al Gore didn't invent it either.
(Laughter.)
SENATOR BRUNO: Okay? But we are
copying successes. So you want to study?
Study Nevada. Study New Jersey. They've done
it. That's what we're doing. That's one.
Second part, NYRA has the problems
that have been reviewed for several years.
Nobody is closer to racing or NYRA here than I
am. Saratoga is in my district. I love
Saratoga. I love horses. I love racing, to
watch. And I love to see revenue created for
the people of this state through a sport such
as racing. But it needs help.
So NYRA's where NYRA is with a very
large board. And they've been there for
decades. So we commit, through this, an
oversight committee of five people, five.
Okay? Three by the Governor, one by myself,
one by the Speaker. Oversight for NYRA.
Their franchise expires, you all
know, in two years. Right? What are we going
3078
to do in two years? Are you going to re-up
them for ten years? You have that choice.
Are you going to replace them? If so, with
what? If you're going to extend them, in what
way?
That's what this oversight's main
job and mission is, to take a look at what
recommendations will you make to the Governor
and to the Legislature as to how we continue
racing in this state. Through NYRA, through a
combination? Do we make it for-profit? Do
you do a partnership?
And in my estimation, you could do
an RFP, this oversight group, and say to the
whole world: Here it is, New York State, the
Empire State. Tell us how you can help us pay
for education, for health care through racing
and wagering on racing. Tell us how. With
simulcast. They tell me it's one of the
greatest assets in the world.
And guess what? We are receiving
pretzels. If you like pretzels, it works.
Now, I like potato chips, preferably.
Now, lighten up, because you're
getting too serious.
3079
(Laughter.)
SENATOR BRUNO: But do you get my
message? We can sit around, wring our hands
and study and review. But we have to give
credit to Senator Larkin, to the Governor, to
all the people that have had input. So that's
the second major piece of this.
The third major piece of this bill,
MGM has got a deal with Aqueduct to put in
5,000 VLTs. You approved it. We approved it.
Why did we approve it? Because it shows
billions of dollars in cash flow. For what?
For education.
Is it operative there? They were
supposed to be operative two years ago. Are
they operative? No. Why aren't they
operative? Because MGM said, We can't do a
deal with somebody who doesn't have a license
to live after two years. Or three years.
This says, to MGM and to the world,
if there is a successor to NYRA, they pick up
the same obligation that is created with your
investment of a hundred and some million for
VLTs. Okay?
So I talk to MGM and they say:
3080
This does it. You do that, we're operative by
the end of the year. And you start getting
CFE high-needs districts, you get education
funded in this state. Yonkers is supposed to
be up. Now, we've already done that. We
don't have to do anything else.
Now, I hate gambling as a source of
revenue for this state. I hate it more than
anybody here in this chamber. Except Frank
Padavan.
(Laughter.)
SENATOR BRUNO: Except for Frank.
Frank hates it more. Okay?
(Laughter.)
SENATOR BRUNO: But facts of
life. Get in a bus or in your car, and in two
hours and 15 minutes you will be in the
biggest casino in the whole world. It's
called Foxwood. Two hours and 15 minutes.
Okay? Right next to it is Mohegan Sun,
growing faster than they can build. Okay?
Take a three-hour trip, and you're in Atlantic
City.
Now, are we going to do anything
about that? You going to stop them from
3081
draining the resources of New Yorkers into
Connecticut, into New Jersey? Are you? What
are they doing with that money? Paying for
education, paying for health care?
New York is the second-largest
exporter of gamblers in the whole world. You
know that? So why the hell do we have to
export them?
Where is Bill? He's tired of
listening to me.
(Laughter.)
SENATOR BRUNO: Why do we have to
export them? Think about it.
Now, I deal in reality in my life.
Reality says people are going to use video
lotteries. People are going to gamble.
They're going to go to New Jersey, they're
going to go to Foxwood, they're going to go to
Las Vegas, they're going to go anywhere they
want to go to gamble.
So, dealing in reality, I say fine,
then let's do it. Let's do it. Let's put
them where they help the people of this state
with education. That's what this bill is all
about. The main piece implements legislation
3082
for MGM to get activated to produce what will
amount to a couple of billion dollars to fund
education.
Now, you want to study it now
through December? Fine. If you estimate
2,500 machines down there -- Yonkers is trying
to get up as well, hopefully by January or
February -- you know what that figures out to
per day every day we wring our hands, study?
It's millions and millions of dollars a week.
Going to New Jersey, going to Connecticut,
going anywhere other than into education in
New York State.
Do we need the money? The Governor
says we have a $5 billion deficit. We think
it's four. Whether it's four or five, we need
revenue. We can't do a CFE if you don't have
new revenue.
You will be in this chamber next
year, all of you. Maybe one or two
exceptions.
(Laughter.)
SENATOR BRUNO: And you will be
figuring out how you deal with a $6 billion
deficit. And you know what you're going to be
3083
looking at? Raising taxes. And we're not
going to raise taxes. We're not raising
taxes.
So you've got to fund education,
health care, the infrastructure, mental
health, higher ed, you name it. But we are
not going to raise taxes. Now, remember where
you heard it. My name is not George Bush, Sr.
(Laughter.)
SENATOR BRUNO: Okay? So you've
got to fund -- in the real world, you have to
fund what it is that you want to spend.
What's our priority in this
chamber? Thank you. Education. We're there.
Greatest asset that we have in this state, in
this country, is our children, our young
people.
And we have to educate them so they
can go out in this world and be competitive
and earn their own way and contribute for the
welfare of their families and their neighbors,
and increase their incomes by getting the best
education possible in the whole world.
And as they increase their incomes,
what do they do?
3084
SENATOR RATH: They pay taxes.
SENATOR BRUNO: They pay taxes,
right. And that pays for your salaries --
whenever we get them -- and pays for
education, health care, the -- that's how you
create revenue.
So that's what this is all about.
Bill, we're indebted to you for helping
provide the leadership.
We're indebted to you, sir, for
calling attention to the fact that this is an
important piece of legislation.
Madam President, I am indebted to
you for your patience, and to the rest of you.
And I doubt now, Senator
Schneiderman, that you have any other
questions, since I've gone on at such great
length.
But thank you.
(Applause.)
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: There is
so much rich material to mine in those remarks
that I'm going to try to limit myself to the
3085
issue before us.
I think that to the extent Senator
Bruno is expressing frustration at what's
going on here this year, and the recitation of
all the things on which we've done nothing --
honest, candid, it'll make a great campaign
ad -- it's something that I think a lot of us
feel.
And it is clear that this session
is -- certainly I haven't been here that long.
This is by far the worst session. We have now
crystallized into practice the Albany
tradition of putting everything in one pot for
the end of the year, where Rockefeller Drug
Laws is dependent on power plant siting is
dependent on the casino reform. And we're not
functioning as a Legislature.
So I always enjoy the Senator's
candor. There is no stronger feeling on your
side of the aisle about CFE than on our side
of the aisle. The CFE case, the CFE
organization was formed in my district, from
parents in Upper Manhattan frustrated with the
inadequate schools. It is a catastrophe.
And I would urge all of you, as we
3086
get into this and tempers get hot, that the
need for resources is not something that's a
matter of frills or luxuries or educational
bureaucrats. The findings of fact in that
case laid out a scenario that is a disgrace.
And I would respectfully submit
that the conditions in many parts of the
New York City schools you would not tolerate
for a minute if they were widespread in your
districts.
But in order to fund the CFE case,
and I guess we have to acknowledge that one
way or the other, whether we like it or not --
and I'm, I guess, in line behind Senators
Bruno and Padavan in hating gambling as a
source of revenue. But one way or the other,
we're going to have gambling in this state.
And while the discussion of the
issue of gambling has been endless, the
discussions of the provisions of this
particular legislation, which is tremendously
important, have been far from endless.
And I certainly am not suggesting
that we wait until December or delay unduly.
But just since this bill was introduced on
3087
Friday, our little crew over here have found
what I think are some serious flaws. And
hopefully they can be amended. I gather the
Assembly has not even printed the bill. And
therefore it's incumbent on us to try and make
suggestions to make it better so that there
are no excuses for not dealing with it.
And in that spirit, I would like to
ask if the sponsor would yield for one
question.
THE PRESIDENT: Senator Larkin,
will you yield for a question?
SENATOR LARKIN: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Schneiderman, with a question.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
In this legislation, after putting
out in great detail the extensive powers of
this commission that is to be appointed all by
the Governor -- no legislative appointments,
which is an issue that I have trouble with --
no appointment by you.
SENATOR BRUNO: [Inaudible.]
3088
SENATOR SCHNEIDERMAN: So -- yes.
Well, I hope they got that on the record.
It provides for extensive powers
for this commission. Then it states, in
Section 17, on page 6: Whenever it deems
necessary or convenient, the commission may
enter into contracts with any person to carry
out its functions, powers, and duties. That's
it.
Is there -- and my question for the
sponsor is, where in this bill, or anywhere
else in current law, is there any provision
that will ensure that such contracts are
subject to competitive bidding, are reviewed
by the State Comptroller or subject to any
other limitations?
SENATOR LARKIN: Well, Senator,
if you look through the whole 64 pages, you'll
see references going back to state agencies.
You'll find that the commission by itself is
required to, when it talks about ethics, of
where they're supposed to be.
My honest opinion, in looking at
the Delaware, looking at West Virginia,
looking at Rhode Island, looking at
3089
New Jersey, this is a model from it which has
been proven successful in their respective
states.
And I believe that when you look at
both aspects of it, the commission is going to
have -- okay? I can continue? -- the
commission is going to have certain aspects of
it.
When you're looking at the other
part of it, the oversight board will have very
specific -- the oversight board, as Senator
Bruno mentioned, will have five members, three
appointed by the Governor, one by the Speaker,
one by the Majority Leader.
I think that you'll find that
having visited -- I have visited these other
facilities, and they're not only comfortable,
but they are saying that this system has
proved valuable for them in their
administration of the commission, their
administration of the industry by itself.
You have to also understand, when
you're talking about what this industry is
doing, in the state of Rhode Island they have
1,000 machines. It pays 12 percent of their
3090
entire state budget. West Virginia has 1500
machines; it pays 17.5 percent of their state
budget. And yet their commission is the same
members they had when they started. They do
not feel that there's anything that has to be
compromised to do this.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President, on the
bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: This is a
very important bill for all the reasons that
have been stated. It is essential that we
reform the system of gambling in this state
because, whether we like it or not, we're
going to have expansions of gambling in
New York.
However, I would respectfully
suggest that in its current form this bill
should not become law and that modifications
are required and that a few days or even weeks
of discussion would benefit all the citizens
of this state and would ensure that we in fact
have a gambling system that operates
3091
effectively and that keeps things within the
bounds of the law.
I must say I do not -- I have
reviewed the bill, and I do not think that
there is any restriction requiring the
commission to limit its contracts in any way.
There's no requirement for competitive
bidding. And in fact, one of the major
criticisms of NYRA was a no-bid contract for a
security firm.
There are extensive provisions for
conflicts of persons appointed by or employed
by the commission. There are no provisions of
conflicts for the people to whom the
commission is authorized to contract out any
of its functions.
I think there are a few of my
colleagues here who have other concerns about
this legislation. I think there are other
states that have better systems in place that
more effectively protect the gambling industry
from the influences of organized crime or from
the lesser forms of corruption that tend to
crop up when contracting issues arise.
We're going to have to get this
3092
done, and we're going to have to get it done
right. Unfortunately -- or fortunately --
when the state government was formed, they
established that you can't do something by
passing one-house bills. So like it or not,
we've got to get two-house bills passed.
And I suggest that some of these
provisions that I've mentioned, that Senator
Sabini has raised and that others will raise,
are going to prevent us from moving forward.
This provision in and of itself,
though, is like leading with our chin when you
walk into -- this is something that I think
that there's no way this is going to pass
muster with the Assembly. We need to move
along. There's a lot we need to get done.
We have declared -- Senator
Paterson has made it very clear, we're
prepared to stay as long as it takes, stay
weekends, whatever. We are, in our own modest
way, attempting to move things along. We
issued a proposal for how to fund CFE on
March 31st showing where to get $10 billion in
revenue through tax reforms, largely.
We're ready to do business. We
3093
like it when we're doing business. When we're
not doing business, people get up to mischief.
And it's better to be doing legislation than
mischief.
But this particular piece of
legislation, I'm afraid, is doomed to fall
into the massive hopper of one-house bills.
So take our suggestions as suggestions. We
have to pass something, a bill on this issue
this year. I'm sorry it's in the pot with
every other issue. That's what we've
degenerated to here in Albany. We've got some
suggestions to make it better.
And we sincerely appreciate the
frustration expressed by our leader. And I
think that that is bipartisan frustration.
And I think it's frustration that, if anyone
in the other house were to speak up as
candidly, many people over there feel as well.
I will be voting no on this bill,
Mr. President, and urging others to do
likewise, but with a view to passing an
improved bill later this year.
Thank you.
ACTING PRESIDENT MEIER: Senator
3094
Larkin.
SENATOR LARKIN: Mr. President,
just a reminder --
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President, if
Senator Larkin would suffer an interruption,
I'd like to ask for an immediate meeting of
the Rules Committee in the Majority Conference
Room, as we continue discussion.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
Senator Larkin.
SENATOR LARKIN: For Senator
Schneiderman, knowing the state law -- and I
understand you are a lawyer -- all public
contracts in this state are subject to bids.
We didn't start to write each paragraph --
yes, it is.
And, you know, no matter what
you're going to say about this, the leader
very clearly said it, and the other states
that are looking to increase their revenue
source that we also want to do -- we can't go
3095
out here and open up a garage door and shovel
money into New York City.
If you want money to take care of
CFE and other necessities of New York City,
you tell me where the revenue is coming from.
We've looked at all of these other states.
They've been very clear.
And we've taken an opportunity,
because if we don't do it, if we delay this
another two or three or four years, there will
be no opportunity for New York to participate.
This is very, very important.
Some people said, well, we didn't
consider all of the other entities on the
bill. I assure you, we have talked to every
entity that has anything to do with gambling,
period.
ACTING PRESIDENT MEIER: Senator
Sabini.
SENATOR SABINI: Thank you, Mr.
President. On the bill.
I want to express my agreement with
Senator Bruno on virtually everything he said.
I agree there is a need. And this, by freeing
up things at Aqueduct and making Aqueduct a
3096
fully operational racino, is a good thing.
And I agree that there's a need for
reform and oversight. I agree with everything
the Majority Leader said. And I even agree we
shouldn't wait very long.
But there's a big chasm between
studying and dithering for months, which I
agree with him is wrong, and putting in a bill
on Friday of a holiday weekend and ramming it
through Rules in one day that's this massive.
And with all due respect to the
comments that have been made by the chairman
and the Majority Leader, there are people in
the industry who feel that they don't know
what's in the bill, because I've talked to
them about it. Some pretty smart people in
the industry who don't know what's in the
bill. Maybe, you know -- maybe the
thoroughness wasn't all-inclusive.
So there's a big chasm between
waiting and taking action. And I think that
like perhaps giving us a few days to look at
the bill is, by definition, action. I'm not a
supporter of the inaction up here. Each and
every time I've voted against a budget
3097
extender in this house, I've said that the
inaction is bipartisan and bicameral. So I
agree that there is problems in both chambers
of this Legislature.
But again, I think there's a big
difference between inaction and maybe us
looking for a day or two and making a couple
of calls to people who this is affected by. I
know there were some people who were
consulted. Obviously there were some people
who were consulted. And there are lots of
people who have the right lobbyists who were
consulted.
But this is a major overhaul -- as
Senator Larkin said, a monumental piece of
legislation -- that we will have to live with
for a long time if it becomes law. And all
I'm saying is give us a chance to chew it over
and digest it, for a little more than the time
it takes for the paper to cool from when it
gets off the Xerox machine. Because that's
all we've gotten. That's all we've gotten on
this. And I agree that it's been studied and
talked about, but this legislation, this
proposal has not.
3098
And so while I agree with Senator
Bruno we should act -- and we should -- and
it's important, I don't feel that the way this
is being done helps matters and, in fact, is
just more of what these two houses of the
Legislature get criticized for.
And that is, you know, let's do
something quick under the cover of darkness.
And, oh, yeah, we've talked about it, but
here's a quick piece of legislation that's
really like this. It's not good law-making,
it's not good public policy, it's not good for
the stakeholders, it's not good for the
taxpayers.
Yeah, we need the revenue. We
obviously need the revenue. But I worry that
in creating what we're creating here that we
will be revisiting this again and again and
saying if we had only known we'd created
problematical situations -- yes, it works in
other states. I know that. I agree with the
committee. I have some expertise in both
horse racing and in casino operations. This
is -- but to do it in this manner is, I
believe, wrong, and that's my reason for
3099
opposition.
I think the Majority Leader's
statements were virtually a hundred percent
correct. And I agree with him a hundred
percent. Except that I don't think that by
chewing it over for a day or two means we're
dithering or waiting or being -- having
inaction. There's a fine line between the
two. And I would like to see us have a little
more time to investigate some of the things
that are in this bill.
And as I say, I've spoken to people
in the industries who don't know what's in
this bill and aren't happy with some of the
details I've brought to their attention.
And Senator Bruno has exhibited
incredible courage and forthrightness last
year, and in his operation this year as well,
at least trying to get things moving along.
And I respect that. But I don't think that by
doing this in this manner helps public policy,
helps Albany, helps our folks back at home.
Yeah, we need to get the Aqueduct
thing done quickly. We could have done that
in a one-page bill. That's all we really
3100
needed. And that's all that MGM wants to come
in, because I've talked to them.
But this is a lot more than that, a
whole lot more than that. And that's why I
feel we need more time to at least figure out
what this bill does, because it's very
comprehensive. And if it becomes law -- which
I doubt it's going to become law in this form,
since there's no Assembly copy -- if it
becomes law, it's something we're going to
have to live with for a long time.
Thank you.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Thank you, Mr.
President.
So much has been said here relevant
to the efficacy of doing this bill predicated
on one underlying premise, that we need the
revenue from the gambling -- and I use the
word "gambling," not "gaming." And I use
that, I think, with some validity. We need
that revenue to do the things in this state
that have to be done, education being
paramount.
3101
I've heard that reasoning for
decades. Every time we wanted to do more,
whether it was Quick Draw, Super Lotto, you
name it -- casinos everywhere in the state --
the logic and the reasoning and the
justification was we need the money to do such
and such and such and such.
This turned out to be a failure.
This is not money that is generated out of the
sky, out of the blue, just falls down upon us
like rain and we scoop it up and then we fund
education. It's out of the pockets of our
citizens. Every economic study that's been
made, from very reputable sources, academia
included, tell us it's a zero-sum game at
best.
Now, obviously the question has
been raised here time and time again: We need
the money; where are we going to get it from?
Well, let me suggest several sources.
According to our Tax Department,
there are billions of dollars in uncollected
sales taxes from products -- cigarettes,
gasoline and the like -- from Indian
reservations in the state that are not being
3102
collected that lawfully should be collected.
Why not? We could use that money.
And in the process, by the way,
have an ancillary benefit for those businesses
in the periphery of those reservations who are
suffering, and towns and villages along with
them, because of this unfair competition. A
double benefit. So there's one source of
revenue.
And then there's a little issue
generally categorized as Medicaid reform. The
acting president, Senator Kemp Hannon, and
others participated for months, including the
Minority Leader. Came up with 40
recommendations. It's in the report. All of
those recommendations have one focus: Improve
the quality of care, make it more efficient,
and in the process save money.
You know, we have 7 percent of the
Medicaid recipients in this nation, who are
collecting or using or drawing 14 percent of
the federal money. That ought to tell you
something.
Now, how many billions we would
save over a five-year period, I don't know.
3103
But a lot of money. Just read the report; it
spells it out.
We'd also help local governments.
In the City of New York, they collect about
15 billion in various taxes -- income,
property, sales taxes. Four billion goes to
the cost of Medicaid, someone said earlier.
We've got some counties that their entire
property tax doesn't even cover their Medicaid
bill. And those reforms would help them as
well. Keep property taxes down, a secondary
benefit. But the primary focus would be to
save the state money, which we could then use
for other worthwhile purposes.
Now, there's a third source of
revenue, and those of you in the City of
New York know exactly what I'm talking about.
And others who might visit the city
occasionally also know what I'm talking about.
Walk down Canal Street in Lower Manhattan,
walk down the Garment District, the Diamond
District. Entire industries, hundreds of
millions if not billions of dollars in
corporate activity. No sales taxes, a lot of
it. Canal Street, no income taxes, no
3104
corporate taxes, nothing.
All over the city, and perhaps in
many other parts of the state, an underground
economy. What are we doing about it?
Absolutely nothing.
And these are legitimate sources of
revenue that we're not collecting. I would
imagine, if we wanted to pore over our
budgets, we would find many other areas of
efficiency, cost savings, without impacting
negatively on the people of this state in any
way, shape, or form.
So there are other sources of
revenue. And I'm sick and tired of hearing
that the only way we can pay our bills and do
things for the people of this state is through
expanded gambling.
If you read that report I sent you
a few weeks ago, you saw both sides of the
coin. The economic issues, all negative. And
the social issues, the impact, all negative.
No matter which way that coin falls, it falls
in the wrong way.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
3105
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. On the bill.
So much has been said, and I agree
with much of what's been said. But I will go
back to Senator Bruno's point about not
dithering.
We're supposed to be a deliberative
body. And the bill this large and this
comprehensive, with no opportunity for the
public or the Legislature to truly deliberate,
is not meeting our obligations to our people.
The examples he gave of things we
haven't done -- and he was absolutely right --
is an endless list. But those were all bills
that have been out there that can and should
continue to be debated so we get them done.
We should have done public hearings on any
number of the bills he mentioned himself as
having frustration with. He used Timothy's
Law as an example there.
But this is a bill that just showed
up. So even though everybody has been talking
about the issues of NYRA and gambling in this
state for an extended period of time, this
3106
bill is brand-new.
And, I would argue, even worse than
the fact that we're being asked to vote on
this so quickly is the fact that when you read
the bill, the structure for regulations is
also set up as emergency regulations to be put
into place within 90 days.
So even in the post-legislative
process, where in theory the public has an
opportunity to review proposed regulations of
the new commission, make comments, have an
opportunity to be heard and have changes made
then, the way this law is set up, they would
have no opportunity for public comment or
discussion then either, until after the
regulations had already gone into effect.
And so those two facts -- one, that
this bill was moved so quickly through Rules
without any opportunity for public input --
and as Senator Sabini highlighted so well,
many who are the experts and who are in the
industry are also in the dark about this bill
or have many questions left unsaid -- and that
we would them pass it and shift to an
emergency regulation arrangement where there
3107
would also be no process or reasonable process
for the public and the experts to have
input -- tells me this is the wrong bill and
the wrong way to do this bill.
Because we all know how things
operate up here. And if something is being
rushed through literally at night without
public comment, you know the answer. There
are things in there you're not going to like.
And it's as simple as that.
So I have no expertise in gambling
or in racing, as a number of my other
colleagues do. And yet my initial read of the
bill, and also holding up against state
commissions in Nevada and New Jersey and a
number of other states, showed me that in fact
we're not following the models that other
states have found successful. We're skipping
the part where the attorney general's office
has a role to review criminal activity or to
investigate criminal activities.
We build that within the
commission. There's a danger there.
New Jersey and Nevada both discovered that and
shifted to having external review by their
3108
attorney general or equivalent officer in that
state. Because of course we know that when
you've got gambling, you've got criminal
activity or disproportionate possibility of
organized crime.
And so in fact, in the other state
commissions they lay out explicitly rules
about not allowing loans in gambling, because
it's used for money laundering; not allowing
political giving by those involved in the
gaming industry, because of the obvious
conflicts there that have played out in other
states. I don't believe this bill talks about
that.
In other states, they set up strict
post-employment restrictions so that people
can't shift between working for the gaming
commission and then working for the industry
because of the inherent conflicts there.
In other states, they have
competitive bidding, as Senator Schneiderman
so carefully articulated in his concerns.
They've got established public discussion of
setting standards for the licensing fees, for
approval of financing of new facilities to
3109
avoid an arrangement with organized crime, for
establishment of the revenue collected in the
tax base and where that money is going to go.
Maybe all of that is in this bill,
Senator Larkin, and in one night's reading I
couldn't find it all. But when I held up this
bill against what I saw were established
precedents in other states, states who have
longer experience than New York in having
established a statewide regulatory commission,
I see so many things not explained, not
clarified.
And it shows me that if I have yet
to have my education in what we should be
looking for, that there are many, many
questions left undone.
And I also respect so much Senator
Padavan's points and his strong philosophical
belief that gambling in fact is not a panacea
for revenue for this state or any other state,
and in fact causes great harm to many people
who become compulsive gamblers.
And so while there's some small
reference in this bill to recognizing the
issue of compulsive gambling problems, it
3110
seems to me if this was going to be a serious
oversight regulatory commission, we would also
be factoring in the costs and some of the
options and necessities of programs to help
address the problems of gambling for some
percentage of people who in fact, when they
take up gambling, find themselves addicted and
in desperate need of help.
And while this references some
rules about having people have the right to
limit themselves to how much they spend if
they recognize that they have a gaming
problem, it does nothing to coordinate
programs and services that are, in fact,
inevitable outcomes of having a broader and
broader collection of gambling options in the
state of New York, larger numbers of people
who end up with problems.
And so if I had more time, I'd have
more problems with this bill. I simply tried
to isolate some examples of why I think it is
so critical that we don't move forward today,
that we don't dither, that we have public
hearings, that we attempt to have a conference
committee that works out differences between
3111
two houses, and that we bring in the public
and experts to make sure that when we go
forward, we go forward correctly in New York
State.
So I will be voting no.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Connor.
SENATOR CONNOR: Thank you, Mr.
President.
Just let me say a number of my
colleagues on this side of the aisle have
talked about process. And I certainly share
their concerns.
Last weekend, my son on Saturday
asked me to take him out to Sagamore Hill for
a video project he's doing for history. And I
went in the gift shop, and there were all
these wonderful different biographies on Teddy
Roosevelt, and I couldn't resist buying a few
that I had not read. And I admit that my
readings about Teddy Roosevelt, I hadn't
really indulged in that in about twenty years.
And I spent the last three days
reading through these things. And I was
3112
struck by fact when he was a freshman member
of the Assembly -- 1882, '83, '84 -- '82 was
his freshman year, I guess -- he introduced
some reform legislation. The then speaker,
who was a Republican, kept trying to silence
this person. He came back a year later, the
speaker was a Democrat, and they tried to
silence him. In fact, they made him the
Republican leader. I think there were only a
handful of Republicans that year. They were
annual elections.
But he was able to get the house to
order hearings. And he -- you know, we tend
to think, Oh, now we're a full-time
Legislature, we're here all the time. Well,
in the sessions he was in, the session broke
June 1st one year -- relatively late compared
to the stories we've heard from forty or fifty
years ago, out by Palm Sunday. And they would
hold session Tuesdays through Friday morning
for all those weeks.
And travel wasn't so great, so
legislators didn't necessarily go home every
weekend. But he would go back to New York and
on Fridays and Mondays hold hearings, he and
3113
his colleagues, some of whom were from
upstate.
So there's a long history of a
legislative process that's quite similar to
the one that was going on when I arrived here
some 26 years ago. And that is, committees
held hearings on significant bills. The whole
place didn't stand around and wait for the
budget to resolve everything. The budget was
merely one, albeit a very important bill, that
we passed during the session, and we passed it
somewhere near the middle of the session.
But in the meantime -- and I looked
across the aisle. Committee chairs. If you
were here long enough, remember when committee
chairs held hearings and members of the
committee, both from the Minority and
Majority, went around the state and we heard
from those who were interested. We've lost
that, and that's of great concern.
The reality we have to deal with
now is we get bills like this without a lot --
this bill is late. This bill is years and
years late. You know, it's no secret that
back in 1997, with a constitutional amendment
3114
up for second passage here, that I was then
the Minority Leader and played a great role in
lining up votes to vote that down because I
did not believe gambling was a good way for
the State of New York to raise revenues and
that we ought to plunge into that.
Of course, the irony is the
absolute increase in gambling since then
without a constitutional amendment. It almost
reminds me of a quote from the great Roscoe
Conklin, once the Republican boss of New York
State and the United States Senator. And his
famous quote was: "What's the Constitution
among friends?" Meaning, of course, that
politics could smooth over all these things.
The fact is, though, I have no
moral objection to gambling. I just don't
think it's wise for people to frequent
casinos. Because if you know anything about
the games, they're not games in the sense of
my kids play games where they have a fair
chance. People wouldn't build casinos if the
bettors had a fair chance. As someone once
said, the only way to make money in a casino
is own one.
3115
But I, once a year, once every two
years, find myself somewhere near a casino and
I'll go and play for a while. I enjoy it.
I'm always glad there isn't one nearby,
because I might go more than once a year or
once every two years.
But back when, when Turning Stone
first opened, when Mario Cuomo did the secret
compacts with the Mohawks and with the
Oneidas, the New York Oneidas, I requested
from the Governor's office a copy of the
compact. And I've related this before on the
floor. And I had to ask several times, and it
was given to me and I was told "Keep it
quiet," and it was stamped "Secret."
Of course, subsequent actions in
the Legislature and in the courts have spoken
about that process that that Executive engaged
in. But then Turning Stone was opened, it was
then in a Quonset hut -- I mean, no golf
courses, no fancy hotel. It was something
that had been built right off the Thruway.
Was going to be a shopping mall.
So I went up there with a couple of
colleagues. We introduced ourselves to the
3116
guy who was the night manager, an experienced
professional in that industry from Las Vegas.
Which was a good sign, because if you're going
to have these things, you want the game to be
honest and run the way it's supposed to be
run, the games.
And I said -- and one of the things
in the compact that struck me is, oh, deal
with regulation. Governor Cuomo put in there
that the State Racing and Wagering Commission
would regulate the casino, and the tribes
agreed to that.
What struck me was I understand
they know how to make sure that all the horses
have their urinalysis at the track. What do
they know about running a casino? What do
they know about observing the pit crews and
the dealers to make sure -- now, we know
casinos take their own measures. But then you
have to be very -- they take their own
measures by very, very knowledgeable
professionals who understand all the games and
have the cameras in the sky and the ceilings
and so on.
But it seems to me you need a high
3117
degree of expertise if you're going to be the
people who oversee that. And of course the
State Police was involved, because they can do
background checks. And somebody should do
that, certainly. It needs to be done on
employees.
But nowhere in these compacts,
nowhere subsequently in the law is it really
spelled out the way it is in Atlantic City or
in Nevada that you do checks on contractors
and suppliers and all sorts of people.
Because there's a lot of money in gambling.
And we know where there's a lot of money
changing hands, there's always a temptation
for all sorts of criminal elements to get
involved, to get their piece.
So I was concerned that this agency
was involved. The Racing and Wagering
Commission, been around for years. Supposedly
it was adopted with bipartisanship built in.
Now, for the many, many years I was here --
because it says that no more than three
members shall be from the same political
party.
That meant something when Governors
3118
Carey and Cuomo were here and the Republicans
controlled the State Senate. The State Senate
wasn't about to confirm someone other than a
Democrat that those Governors picked for the
two other-than-the-same-party-spots. They
went to Republicans.
What have we seen under this
administration? Well, someone I know and
admire, we saw an appointee for other than one
of the Republican spots who we were told, when
the papers were sent to the Senate, she's a
blank or whatever the other party was that the
courts are -- Freedom Party.
Okay. My then staff discovered the
morning before the vote or the night before
the vote that she was in fact an enrolled
Republican. So the morning before this Senate
confirmed her as the other than a Republican,
she went to the Albany County Board of
Elections and changed her enrollment from
Republican to blank.
I don't think that was the intent
of the law. I think the intent of the law was
to have bipartisanship for a reason. And the
reason wasn't just so everybody got a piece of
3119
the pie. The reason was so that there was
some check and balance within that commission.
Once upon a time -- and I'll say
this on the Senate floor, and I won't repeat
it anywhere else. I've been to Saratoga
racetrack but a few times. But back in the
early days of my leadership, I did go up there
one day for a racing meet. There was some
event afterwards.
And I sat there and looked down,
and I saw someone I knew who was a Racing and
Wagering commissioner. And I noticed that he
had a friend with him. Nothing wrong with
that. But I noticed tickets and money being
passed back and forth before and after the
races between the friend and the
commissioners, who are totally barred,
supposedly, from any wagering.
Now, I did report that. And to the
credit of the Executive, this person within a
few months was no longer on the commission.
Quietly resigned.
So we are dealing with an area with
great temptation. And I don't think we
need -- I'm concerned to set up a regulatory
3120
thing that's just another layer of political
"let's take care of somebody and put him on
this great commission."
I want to see all gaming in
New York State -- and I agree with this
concept of an overall commission to regulate
all gaming. I want to see it being
professional, bipartisan. You don't put
people on this kind of commission who love
going to casinos or love betting on horses.
You know? They're barred by law.
I assume the same prohibitions
would apply to them as now apply to the
existing racing commission. So why tempt
somebody? I can't imagine, if you love to go
and play the horses, why you would want to be
a racing commissioner and never be allowed to
do that.
But it requires a little bit of
foresight and straightforward behavior by the
Executive and the confirming body.
I personally don't think that the
overall regulatory commission ought to be one
of those entities that has one from the
Speaker and one from the Majority Leader and
3121
one from each Minority Leader and one or two
from the Governor. That is an appropriate way
for certain advisory bodies, oversight groups
and so on, to be constructed. I don't think a
hard regulatory body ought to be -- ought to
represent those constituencies, the political
constituencies.
I think this at least should say no
more than three of the members should be from
the same political party. And I think there
ought to be a commitment that we don't wink
because it's our Governor and say somebody
doesn't belong to a political party because an
hour before she changed her enrollment.
Some of these other bodies, and I'm
familiar with them, the Breeding and
Development Fund and some of the others,
they -- they did have that kind of
representation. But they weren't regulatory,
they were to promote the industry or promote
financing in the industry.
I am inclined to vote for this bill
because I think this issue ought to go forward
to the Assembly and it ought to be negotiated.
If it comes back with some agreement that
3122
doesn't represent some of these concerns I
have, I will not vote for it.
Secondly -- because we've kind of
mixed up the terms of debate here -- because I
support this, and hopefully am able to support
the final product which incorporates some of
my concerns, does not mean I support at all
the proposals from the Governor and others
that we solve the education funding problem by
more gambling.
The fact that I support this kind
of regulation is only because I recognize it's
there. Gambling is there. Other casinos are
there. I've even voted to confirm some
things. I voted for some VLT and Indian
casino stuff in the big rush post-9/11: Oh,
we need revenues. I don't look back. That
was a different time and concern.
But I am not prepared to vote for
huge expansions of gambling so that the poor
get to pay for the poor schools they've been
saddled with under the guise of, oh, we can't
raise taxes or we can't find other revenue.
And Senator Padavan pointed out,
for example, the Indian taxation issue. In
3123
1995, in the budget negotiations, when I was
first Minority Leader, oh, that's when the new
Governor said it will be five men in the room,
and the Minority Leaders got to go. And I put
on the table let's tax Indian cigarette sales.
It was then worth, I don't know, 400 million
in revenues.
Why did I put it forward? Because
one of the major accomplishments of a
relatively short-term Attorney General, Oliver
Koppell, was that he argued in front of the
U.S. Supreme Court and won that issue. The
Governor said, Oh, we can't do that. How are
we going to collect it? There will be
violence.
And I hear that again. Nine years
later, people say: Oh, well, we can't collect
it, there will be violence.
You can't collect it on the
reservation. Where do they get the
cigarettes? Most of them don't manufacture
their own cigarettes. They get them from a
distributor. They get them from Philip Morris
to a distributor to them. They're taxed at
the distributors.
3124
That's how we tax everybody anyway
on cigarettes. We don't send the tax
collector to the bodega on the corner and have
the person take the tax money out. When they
buy from their distributor, they buy it with
the tax already on it.
And that's how you tax it, you
just -- and then to the extent that the
reservation says, can document, We sold this
percentage to Native Americans on the
reservation, tax-exempt, they get a credit or
a rebate on the taxes.
We do that with other forms of
organizations that are exempt from sales tax.
They file and say, you know, we get part of
this back. This is simple. It's not rocket
science. It's just a lack of political will.
And now it's not $400 million.
Because as I've said before on this floor, as
we increase the taxes on cigarettes because we
don't want people to smoke, people go on the
Internet, people go here and there, people --
I saw a startling figure on the percentage of
tobacco sold in New York State that's actually
coming from Indian reservations. It's --
3125
it's -- it's like -- I believe I saw that it
was more than half now.
And I talk to friends who say, "Oh,
I get my cigarettes over the Internet." And
when I have those relapses and smoke myself,
which happens every year or two, till I quit
again, I've had friends say, "Well, you're
paying $7.50 a pack for them. I'll give you
here" -- I said, I can't do that. I wouldn't
do that. Never done that. You know?
Why not? I said, "Well, I don't
want to read about myself on the front page of
the newspaper for saving 75 cents in tax on a
pack of cigarettes."
But, you know, all my friends and
acquaintances who don't hold public office, to
them, they think it's idiotic. Why would you
spend $7 and some cents a pack when you can
get it for 4, or whatever it is?
When we raised those taxes, by the
way, we made more money for these tax-dodgers,
because they were able to raise their price
and make more profit, because all they've got
to do is keep it under the legitimate price.
So there is revenue there.
3126
And Senator Padavan is right that
there is a lot of tax-dodging in the so-called
underground economy. And I recently, I guess
last year, had a chat with the district
attorney in New York County, Mr. Morgenthau.
And his attitude was: If you would give my
office the funding, I could save you -- I
could recoup for the State of New York
hundreds of millions of dollars just on the
island of Manhattan on tax-dodgers.
And we've all read the cases he's
brought against wealthy people who buy
millions in art and claim they live in
Connecticut and don't pay sales tax on it.
He's brought several major, significant
cases -- not nickel and dime, millions of
dollars in illegal -- and not just tax
avoidance, illegal tax-dodging.
So there are revenues out there if
there's the political will to collect them.
I believe that we ought to do
something like this. We can do it better.
I'm not going to vote against this, because
this is, in concept, something I like. And I
don't mind the fact that the Governor, for the
3127
top agency, the Governor appoints, the Senate
confirms, as long as there is that bipartisan
restriction.
And, you know, by the way, I would
say to the Majority here, because we've
engaged in this many times, this idea that you
set up entities and the Speaker and the
Majority Leader will get to a point, but not
the Minority Leaders -- and that's a recent
phenomenon, last 10 years, 15 years.
If you look at entities created
before that, back into the last century, they
always had, where appropriate, where it was
the type of entity, the four leaders appoint
and the Governor. And the reason was to
ensure bipartisanship.
Now, I have heard Majority members
of this floor say, Well, we're putting this
into the law and it is bipartisan, the Speaker
gets an appointment. Now, I'm not naive
politically. And unfortunately, we more and
more -- unfortunately for these -- this
institution, the Legislature, I suppose, we
more and more have a public that's not naive.
To say that, well, it's bipartisan
3128
because the two -- each majority gets to
appoint and the Governor does, it flies in the
face of our whole constitutional democratic
underpinning. The only way you ensure in law
bipartisanship is to give the minorities an
appointment.
Unless you believe it's not just
through gerrymandering and the extreme
partisan powers asserted by both majorities --
both majorities -- that indeed we have
absolute permanent majorities and that the
Assembly is constitutionally Democratic and
the Senate, which was commented on the century
before last, actually, is really
constitutionally Republican. I don't think
that squares with the civics class that we
want and have taught to our children in
school.
So when you set these things up and
you assume it will be bipartisan -- yup,
today. Maybe next year, maybe the next year.
But there could come a time when the same
political party is in power on the second
floor and in both houses. And then you won't
set up these entities to be other than I think
3129
the intention is. They will not have any
bipartisan cast. Their legitimacy will be in
question.
I'm going to vote for this. But I
do have these serious concerns. But I do
think we need to move forward with a real
regulatory authority. And as Senator Liz
Krueger pointed out, New Jersey has a separate
division of gaming enforcement in the attorney
general's office where they hire professionals
who know what they're doing to look over the
commission that regulates gaming. I think
that kind of check and balance in this area.
You know, now we're still on the
rush to create more gaming. But down the
road -- and it's not like we haven't had any
scandals. I mean, you know, NYRA -- you know,
we've seen what's just happened to NYRA. How
embarrassing. As Stanley Fink used to say,
they're our tracks. They're not NYRA's
tracks. The State of New York gave an
exclusive franchise to NYRA to operate them.
And it's really very embarrassing that that's
gone on there.
So looking forward, when more and
3130
more gambling -- human nature. This
Legislature has never, never found it within
its ability to repeal human nature. Human
nature says when all that money is involved
and when gambling proliferates and there's a
lot of places to be looking and watching at
once, there will be scandals, there will be
theft, there will be corruption.
And it's our obligation to ensure
that we set up a regulatory entity that has
teeth, muscle, checks and balances, and that
can work. Whether you're for more gambling or
less gambling or not, it's there, and you do
have to have that kind of oversight.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. We've, I think, as my
contracts professor used to say, thoroughly
ventilated this issue.
I remain opposed. I would like to
note that in addition to the revenue that is
available should we simply enforce the law and
collect the sales tax on reservations, again,
Senator Paterson on March 31st laid out other
3131
sources of billions of dollars in potential
revenue to fund the CFE decision, including
combined reporting of taxes by all corporate
subsidiaries, closing corporate loopholes,
reforming Empire Zones, bulk drug purchasing,
and preferred drug lists.
We can fund schools with something
other than gambling if we want to. We can
fund schools at the levels proposed even by
the Assembly Speaker. That also is a matter
of political will.
This legislation I remain opposed
to, although I must acknowledge that I'm
afraid that one way or another, in spite of
the constitution, as Senator Connor pointed
out, gambling is coming to our state.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
3132
the negative on Calendar Number 1428 are
Senators Andrews, Duane, L. Krueger,
Montgomery, Padavan, Parker, Sabini,
Schneiderman. Also Senator Onorato. Ayes,
50. Nays, 9.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Volker.
SENATOR VOLKER: Mr. President,
would you recognize Senator Saland, please.
ACTING PRESIDENT MEIER: Senator
Saland.
SENATOR SALAND: Mr. President, I
would request unanimous consent to be recorded
in the negative on Calendar 1187, Senate
6996A.
ACTING PRESIDENT MEIER: Without
objection, Senator Saland will be recorded in
the negative with regard to Calendar 1187.
Senator Volker.
SENATOR VOLKER: Motions and
resolutions, please. Senator Kuhl has some
motions.
ACTING PRESIDENT MEIER: Motions
and resolutions.
3133
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President.
On page 15, I offer the following
amendments to Calendar Number 366, Senate
Print 5745B, and ask that said bill retain its
place on the Third Reading Calendar. And
that's on behalf of Senator Golden.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR KUHL: Also, Mr.
President, on behalf of Senator Volker, I wish
to call up his bill, Senate Print 2739A,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1412, by Senator Volker, Senate Print 2739A,
an act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
3134
SENATOR KUHL: Mr. President, I
now ask the vote be reconsidered by which the
bill passed the house, and ask that the bill
be restored to the order of third reading.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is restored to the order of third reading.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. I now move to discharge the bill
from the Committee on Rules, Assembly Print
3262A, and substitute it for Senator Volker's
identical bill.
ACTING PRESIDENT MEIER:
Substitution ordered.
SENATOR KUHL: I now move that
the substitution have its third reading at
this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1412, by Member of the Assembly Smith,
3135
Assembly Print Number 3262A, an act to amend
the Retirement and Social Security 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, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. On behalf of Senator Flanagan, I
wish to call up his bill, Senate Print 6247,
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1420, by Senator Flanagan, Senate Print 6247,
an act to allow.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, I move to
3136
reconsider the vote by which the bill passed
the house, and ask that the bill be restored
to the order of third reading.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is restored to the order of third reading.
Senator Kuhl.
SENATOR KUHL: And now, Mr.
President, I move to discharge, from the
Committee on Rules, Assembly Print Number 9865
and substitute it for Senator Flanagan's
identical bill.
ACTING PRESIDENT MEIER:
Substitution ordered.
SENATOR KUHL: I move that the
substituted bill now have its third reading.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
The Secretary will read.
THE SECRETARY: Calendar Number
1420, by Member of the Assembly Raia, Assembly
Print Number 9865, an act to allow.
3137
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 Kuhl.
SENATOR KUHL: Yes. Now, Mr.
President, on behalf of Senator McGee, I wish
to call up her bill, Senate Print 2777B, which
is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
417, by Senator McGee, Senate Print 2777B, an
act to amend the Agriculture and Markets Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: I now ask that the
vote by which this bill passed the house be
reconsidered, and that the bill be restored to
3138
the order of third reading.
ACTING PRESIDENT MEIER: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is restored to the order of third reading.
SENATOR KUHL: Mr. President, I
now move to discharge, from the Committee on
Rules, Assembly Print Number 9520A and
substitute it for Senator McGee's identical
bill.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
417, by Member of the Assembly Gunther,
Assembly Print Number 9520A, an act to amend
the Agriculture and Markets 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
3139
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Now, Mr.
President, on behalf of Senator Trunzo, I wish
to call up his bill, Senate Print 7189,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
961, by Senator Trunzo, Senate Print 7189, an
act to amend the Executive Law and others.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: I move to
reconsider the vote by which this bill was
passed and ask that the bill be restored to
the order of third reading.
ACTING PRESIDENT MEIER: The
Secretary will call the roll on
reconsideration.
3140
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is restored to the order of third reading.
Senator Kuhl.
SENATOR KUHL: Now, Mr.
President, I move to discharge, from the
Committee on Rules, Assembly Print Number
11129 and substitute it for Senator Trunzo's
identical bill. And I move that the
substituted bill have its third reading at
this time.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
961, by the Assembly Committee on Rules,
Assembly Print Number 11129, an act to amend
the Executive Law.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Is there a
message of appropriation at the desk, please?
ACTING PRESIDENT MEIER: There
is.
3141
SENATOR VOLKER: Move to accept
it.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
appropriation signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
SENATOR VOLKER: Read the last
section. Go ahead.
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 Kuhl.
3142
SENATOR KUHL: Yes, lastly, on
behalf of Senator Robach, Mr. President, I
wish to call up his bill, Senate Print 7344,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1427, by Senator Robach, Senate Print Number
7344, an act to amend the Civil Service Law
and others.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, I
now move to reconsider the vote by which this
bill passed the house, and ask that the bill
be restored to the order of third reading.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is restored to the order of third reading.
Senator Kuhl.
SENATOR KUHL: And, Mr.
3143
President, I now move to discharge, from the
Committee on Rules, Assembly Print 11281 and
substitute it for Senator Robach's identical
bill, and move that the substituted Assembly
bill have its third reading at this time.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1427, by the Assembly Committee on Rules,
Assembly Print Number 11281, an act to amend
the Civil Service Law.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Is there a
message of appropriation at the desk, please?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR VOLKER: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
appropriation signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
3144
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
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 Volker.
SENATOR VOLKER: Would you
recognize Senator Hassell-Thompson.
ACTING PRESIDENT MEIER: I will
gladly recognize the distinguished Senator.
The chair recognizes Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. Thank you, Senator
Volker.
Mr. President, I rise to request
unanimous consent to be recorded in the
3145
negative on Calendar Number 1428.
ACTING PRESIDENT MEIER: Without
objection, Senator Hassell-Thompson will be
recorded in the negative on Calendar 1428.
Senator Volker.
SENATOR VOLKER: Mr. President,
may we please return to reports of standing
committees. I believe there's a report of the
Rules Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 14A, by Senator
Seward, an act to amend the County Law;
175, by Senator Hoffmann, an act to
amend the Tax Law;
326B, by Senator DeFrancisco, an
act to amend the County Law;
494, by Senator Johnson, an act to
amend the Executive Law;
531, by Senator Padavan, an act to
amend the Vehicle and Traffic Law;
3146
744, by Senator Kuhl, an act to
amend the Tax Law;
756A, by Senator LaValle, an act to
amend the Environmental Conservation Law;
978, by Senator Farley, an act to
amend the Retirement and Social Security Law;
994, by Senator Trunzo, an act to
amend the Real Property Tax Law;
2770, by Senator McGee, an act to
amend the Education Law;
2917B, by Senator Spano, an act to
amend the Education Law;
3027, by Senator Nozzolio, an act
to amend the Real Property Tax Law;
4523A, by Senator Marcellino, an
act to amend the Tax Law;
4598A, by Senator Maziarz, an act
to amend the Parks, Recreation and Historic
Preservation Law;
4720A, by Senator Kuhl, an act to
amend the Private Housing Finance Law;
4731A, by Senator McGee, an act to
amend the Civil Service Law;
5755, by Senator Seward, an act to
amend the Insurance Law;
3147
5827, by Senator Morahan, an act to
amend the Executive Law;
5980, by Senator LaValle, an act to
amend the Criminal Procedure Law;
6065, by Senator Leibell, an act to
amend the Correction Law;
6074A, by Senator Maziarz, an act
to amend the Tax Law;
6188, by Senator Maltese, an act to
amend the Education Law;
6781, by Senator Golden, an act to
amend Chapter 841 of the Laws of 1987;
7040, by Senator Paterson, an act
to amend the Parks, Recreation and Historic
Preservation Law;
7114, by Senator Leibell, an act to
amend the Criminal Procedure Law;
7194, by Senator Wright, an act to
authorize the Village of Cleveland;
7306, by Senator Wright, an act to
amend the Tax Law;
7315, by Senator Balboni, an act to
amend the Patriot Plan;
7319, by Senator Golden, an act to
amend the Executive Law;
3148
7345, by Senator Volker, an act to
amend the Criminal Procedure Law;
And Senate Print 7355, by Senator
Little, an act to amend the General Municipal
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills are ordered directly to
third reading.
SENATOR VOLKER: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Volker.
SENATOR VOLKER: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
3149
there is not.
SENATOR VOLKER: I have one
little bit of housekeeping here.
On behalf of Senator Bruno, I hand
up the following notice of leadership change.
ACTING PRESIDENT MEIER: The
report will be filed with the Journal.
Senator Volker.
SENATOR VOLKER: There being no
further business, I move we adjourn until
Monday, June 7th, at 3:00 p.m., intervening
days being legislative days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, June 7th, at 3:00 p.m. Intervening
days will be legislative days.
(Whereupon, at 12:54 p.m., the
Senate adjourned.)