Monday, March 8, 1993

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 8, 1993 11 3:01 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. The Senators will 4 find their seats. If you would rise with me for 5 the Pledge of Allegiance to the flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 In the absence of clergy, we'll 9 bow our heads in a moment of silence. 10 (A moment of silence was 11 observed. ) 12 The Secretary will begin by 13 reading the Journal. 14 THE SECRETARY: In Senate, 15 Friday, March 5th. The Senate met pursuant to 16 adjournment, Senator Farley in the Chair upon 17 designation of the Temporary President. The 18 Journal of Thursday, March 4th, was read and 19 approved. On motion, Senate adjourned. 20 ACTING PRESIDENT FARLEY: Hearing 21 no objection, the Journal will stand approved as 22 read. 23 The order of business: 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Holland. 10 SENATOR HOLLAND: Mr. President, I 11 have a privileged resolution on the 81st 12 Anniversary of the Girl Scouts of America, and 13 ask that the title be read and the resolution be 14 acted on. 15 ACTING PRESIDENT FARLEY: 16 Secretary will read the title of Senator 17 Holland's resolution. 18 THE SECRETARY: Legislative 19 Resolution, by Senator Holland, commemorating 20 Girl Scout Week, March 7th through the 13th, 21 1993 upon the occasion of the 81st Anniversary 22 of the founding of the Girl Scouts in the U.S.A. 23 ACTING PRESIDENT FARLEY: All in 1 favor of the resolution, say aye. 2 (Response of "Aye.") 3 Those opposed, nay. 4 (There was no response.) 5 The resolution is adopted. 6 Senator Holland. 7 SENATOR HOLLAND: Anybody would 8 like -- anybody who is not on the resolution who 9 would like to go on the resolution - 10 ACTING PRESIDENT FARLEY: Anybody 11 who would like to be on the resolution for the 12 Girl Scouts, please contact the desk. The 13 resolution is adopted. 14 Senator Halperin. 15 SENATOR HALPERIN: Mr. President, 16 there's a privileged resolution at the desk; I 17 would ask it be read, please. 18 ACTING PRESIDENT FARLEY: The 19 title. The Secretary will read the title of the 20 Senate - 21 SENATOR HALPERIN: No, would ask 22 that the resolution be read. 23 ACTING PRESIDENT FARLEY: The 1 entire resolution. The Secretary will read. 2 THE SECRETARY: Legislative 3 Resolution, by Senators Halperin, Markowitz, and 4 others, honoring Dr. Vernon E. Lattin, who 5 joined Brooklyn College on August 24, 1992, as 6 its seventh president, upon the occasion of his 7 visit to Albany on March 8 and 9, 1993. 8 WHEREAS, it is the intent of this 9 legislative body that those who give positive 10 definition to the profile and disposition of 11 higher education in the state of New York do so 12 profoundly strengthen our shared commitment to 13 the exercise of freedom; 14 Attendant to such concern and 15 fully in accord with its long-standing 16 traditions, it is the intent of this legislative 17 body to commend Dr. Vernon E. Lattin, who joined 18 Brooklyn College on August 24, 1992, as its 19 seventh president, upon the occasion of his 20 visit to Albany on March 8 and 9, 1993; 21 Dr. Lattin is married to Dr. 22 Patricia Hopkins, who headed the Woman's Studies 23 Program at ASU/West; they have five children, 1 Mark, 34, who recently moved from Tokyo to 2 Tennessee; Kim, 32, currently working in London; 3 John, 28, who is working in Tokyo; Tanya, 23, 4 attending college in New Mexico; and Carlos, 17; 5 Dr. Lattin was Associate Vice 6 President for Academic Affairs at the University 7 of Wisconsin system, where he served from 1982 8 to 1988; 9 From 1974 to 1981, Dr. Lattin was 10 associate professor of English and then director 11 of the Center for Latino and Latin-American 12 Studies at Northern Illinois University in 13 Chicago; he began his career in higher education 14 as an instructor of English at Wright State Uni 15 versity in 1965; 16 Dr. Lattin received a B.B.A. in 17 business administration from the University of 18 New Mexico in 1960. He received an M.A. in 19 English from the University of New Mexico in 20 1965 and a Ph.D. in English from the University 21 of Colorado in 1970; 22 The administrative tenure of Dr. 23 Vernon E. Lattin mirrors those prerogatives of 1 personal initiative and accountability so 2 paradigmatic of our American manner; 3 Dr. Lattin has published widely, 4 edited a critical survey, Contemporary Chicano 5 Fiction, and co-edited a collection of essays in 6 honor of Tomas Rivera; throughout his career he 7 has been active in the classroom, most recently 8 teaching a course in Native American literature 9 at ASU; 10 As the seventh president of 11 Brooklyn College, Dr. Vernon E. Lattin has 12 identified the subsequent areas of focus: 13 Filling the depleted ranks of the faculty, with 14 an eye toward diversity and the continuing 15 mission of the college; improving the funding of 16 both the college and the City University system; 17 improving both the physical condition and the 18 collection of the library; repairing and 19 maintaining the college's buildings; improving 20 both the retention and graduation rates; 21 increasing funding for the college from outside 22 sources; and working with the CUNY Board of 23 Trustees to prevent the privatization of high 1 education; 2 Through his long and sustained 3 commitment to excellence in the administration 4 of high education, Dr. Vernon E. Lattin has so 5 unselfishly advanced that spirit of united 6 purpose and shared concern which is the 7 unalterable manifestation of our American 8 experience; 9 NOW, THEREFORE, BE IT RESOLVED, 10 that this legislative body pause in its 11 deliberations and most joyously commend Dr. 12 Vernon E. Lattin who joined Brooklyn College on 13 August 24, 1992 as its seventh president upon 14 the occasion of his visit to Albany on March 8 15 and 9, 1993, fully confident that such procedure 16 mirrors our shared commitment to preserve, to 17 enhance and to yet effect that patrimony of 18 freedom which is our American heritage; and 19 BE IT FURTHER RESOLVED, that a 20 copy of this Resolution, suitably engrossed, be 21 transmitted to Dr. Vernon E. Lattin, President, 22 Brooklyn College, Brooklyn, New York. 23 SENATOR HALPERIN: Mr. President. 1 ACTING PRESIDENT FARLEY: Senator 2 Halperin. 3 SENATOR HALPERIN: I'd just like 4 to speak for a moment on the resolution. 5 First of all, I'm very much 6 privileged to be leading in the sponsorship of 7 this resolution, since Brooklyn College is in my 8 district, but I hasten to add that all of the 9 other members of the Brooklyn delegation have 10 co-sponsored this resolution and we all seek to 11 acknowledge somebody who, in a very short period 12 of time, has demonstrated that he will continue 13 in the proud tradition of Brooklyn College, 14 leading it to ever greater heights. 15 Dr. Lattin comes to Brooklyn 16 College at a time when the City University 17 generally and, of course, Brooklyn College in 18 particular, has faced some very severe budget 19 problems; yet, rather than being discouraged by 20 this circumstance, he has already shown such 21 enthusiasm and dedication to deal not only with 22 the problems but to forge ahead to even greater 23 heights, that those of us who have come to know 1 him are very much heartened, and he brings with 2 him a fine reputation which I'm sure will only 3 be enhanced by his stay at Brooklyn College 4 which I hope is for many, many, many years. 5 Dr. Lattin brings with himn to 6 his new position a background well suited to his 7 task. He is an accomplished scholar; he is an 8 author and he a well respected administrator. 9 Dr. Lattin has demonstrated his 10 social concerns and sense of commitment through 11 his writings and as director of the Center for 12 Latin-American Studies at Northern Illinois 13 University. His social awareness and his 14 personal energy will enhance the learning 15 opportunity for all of Brooklyn College's 16 students. 17 Through Dr. Lattin's concern and 18 his ability to encourage others, Brooklyn 19 College students' own individual sense of 20 confidence in their futures have been and will 21 continue to be strengthened, and I'm sure that 22 the results will be more students graduating 23 from Brooklyn College at an even higher level. 1 So, Dr. Lattin, it gives me a 2 particular sense of privilege and joy to be able 3 to welcome you here today along with all the 4 other members of the Senate. Good luck to you 5 in your endeavors, and we will try to do 6 whatever we can to help you in your task. 7 ACTING PRESIDENT FARLEY: Senator 8 Markowitz. 9 SENATOR MARKOWITZ: Thank you, 10 Senator Halperin. I couldn't agree more with 11 you. 12 You know, Dr. Lattin, there is a 13 saying and a belief that we have in Brooklyn: 14 If you can make it at Brooklyn College, you can 15 make it anywhere, and the truth of the matter is 16 that most members of this Legislature and in 17 this Senate are not fortunate enough to have 18 gone to Brooklyn College and graduated, and 19 that's the truth, because many of the leaders of 20 the Senate and the Assembly, many of the members 21 of the Legislature that are currently serving 22 and those that have served and those that are in 23 Congress graduated Brooklyn College. 1 A fine tradition, at one time 2 offering free higher education to all qualified 3 students and, even in these days of fiscal 4 constraints, somehow continues to meet the 5 mission of providing quality -- top quality 6 education to students of Brooklyn and beyond. 7 Dr. Lattin, besides everything 8 else that Senator Halperin said, is also, from 9 what I understand, the first Mexican-American to 10 lead a major college in New York State, and that 11 only goes to show you that Brooklyn is this 12 wonderful melting pot of various contributions 13 of the ethnic roots that make Brooklyn that very 14 special place to live that it's always been and 15 always will be. 16 I only hope, Dr. Lattin, that the 17 Legislature, particularly the Senate, will be 18 able to meet the level of expectations that you 19 and your colleagues at the college have, and 20 that is to provide funding to the City 21 University of New York and, in turn, to Brooklyn 22 College, so that the educational mission that 23 generations have received in the borough of 1 Brooklyn yesterday will be able to be enjoyed 2 today and tomorrow. 3 Dr. Lattin is a very welcome 4 addition. Not only is the college partially in 5 my district, but where Dr. Lattin lives is in 6 the heart of my Senatorial District, and 7 certainly our area is the heart of Brooklyn and, 8 therefore, it's the pulse beat of the entire 9 city and state of New York. 10 So, Dr. Lattin, I congratulate 11 you for being here this afternoon, gracing us 12 with your presence and knowing that the college 13 is under the fine, fine leadership that you 14 continue to provide in making Brooklyn College 15 what it truly is, the flagship of City 16 University of New York. 17 ACTING PRESIDENT FARLEY: Senator 18 Solomon. 19 SENATOR SOLOMON: Thank you. 20 It's always very difficult to 21 follow Senator Markowitz, but I'd like to 22 comment Dr. Lattin on his position. I was one 23 of the legislators that attended a small 1 breakfast with Dr. Lattin, where we discussed 2 some of the problems at Brooklyn College, as all 3 colleges and institutions of higher education 4 have problems today, and I think he's got a firm 5 grasp on what some of the problems are. 6 One of the problems that stands 7 out, as I recall, was the infrastructure of the 8 college and the most interesting comment that 9 Dr. Lattin had was that the buildings that were 10 built in the '70s are falling apart a lot 11 quicker than the buildings that were built in 12 the '30s and the '40s, and I think that's one of 13 the things that we have to address in our entire 14 university system throughout the state and the 15 City in the upcoming years, and I'm glad to see 16 that we've got a man who's got his feet on the 17 ground and knows where we're going and what 18 needs to be done so that not only will we have 19 the educational standards but that we have the 20 physical plant that can survive so that we can 21 teach the people and house the people in the 22 facility. 23 Thank you. 1 ACTING PRESIDENT FARLEY: Senator 2 Smith. 3 SENATOR SMITH: Thank you, Mr. 4 President. 5 Some of us who represent areas of 6 Brooklyn did not have the pleasure of attending 7 Brooklyn College. Some of us had the pleasure 8 of attending another fine institution in the 9 CUNY system called Baruch College. But even 10 though I went across the bridge, I'd like to 11 take this opportunity to welcome Dr. Lattin. 12 Your reputation precedes you. All that you've 13 accomplished in your lifetime brings a myriad of 14 knowledge to the position, and we know that you 15 will accomplish much as the president, and we 16 all look forward to working with you in every 17 way possible. And welcome. 18 ACTING PRESIDENT FARLEY: Senator 19 Mega. 20 SENATOR MEGA: Yes, Dr. Lattin, 21 I'd like to also welcome you to Albany and 22 acknowledge the fact that you reached out for me 23 when you became the president, and we sat down 1 and we spoke about the many problems that exist 2 at the college. But I congratulated you then 3 and I'd like to do it publicly, that you did 4 reach out to speak with us. 5 We are all part of the problem. 6 We are all part of the solution. If it works, 7 we'll take credit for it. If it doesn't work, 8 then we're going to have to take the blame for 9 it also, and I'd like to leave on a positive 10 note saying that we're going to make it work and 11 then together we can all take credit for it 12 working, with all my other colleagues from 13 Brooklyn, and I would like to congratulate you 14 for being here and for being anxious to do the 15 kind of job that has to be done for the students 16 of Brooklyn, and particularly the students at 17 Brooklyn College. So welcome and 18 congratulations. 19 ACTING PRESIDENT FARLEY: On the 20 resolution, all in favor say aye. 21 (Response of "Aye.") 22 Those opposed nay. 23 (There was no response. ) 1 The resolution is adopted. 2 On behalf of the Senate and not 3 coming from Brooklyn, Dr. Lattin, we're 4 delighted to have you here. Congratulations not 5 only to you but to your fine institution, and 6 best wishes from everybody in the New York State 7 Senate. 8 (Applause.) 9 ACTING PRESIDENT FARLEY: Thank 10 you. Secretary will read a substitution. 11 THE SECRETARY: On page 9 of 12 today's calendar, Senator Sheffer moves to 13 discharge the Committee on Transportation from 14 Assembly Bill Number 2388-A and substitute it 15 for the identical Third Reading 144. 16 ACTING PRESIDENT FARLEY: Without 17 objection, substitution is ordered. 18 Any motions on the floor? 19 Hearing none, Senator Present, 20 what's your pleasure. 21 SENATOR PRESENT: Mr. President, 22 please take up the non-controversial calendar. 23 ACTING PRESIDENT FARLEY: 1 Non-controversial, the Secretary will read. 2 THE SECRETARY: On page 6, 3 Calendar Number 101, by Senator Padavan. 4 SENATOR GOLD: Lay it aside, 5 please. 6 ACTING PRESIDENT FARLEY: Laid 7 aside. 8 THE SECRETARY: Calendar Number 9 107, by Senator Bruno, Senate Bill Number 1333, 10 an act to re-distribute 1993 bond volume 11 allocations. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 44. 20 ACTING PRESIDENT FARLEY: That 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 119, by Senator Farley, Senate Bill Number 1181, 1 an act to amend the Education Law. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 45. 10 ACTING PRESIDENT FARLEY: 45. 11 The bill is passed. 12 THE SECRETARY: Calendar Number 13 120, by Senator Cook, Senate Bill Number 1652, 14 an act to amend the Education Law. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 45. 23 ACTING PRESIDENT FARLEY: That 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 121, by Senator Cook, Senate Bill Number 1654, 4 an act to amend the Education Law, in relation 5 to the use of district aid funds. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 46. 14 ACTING PRESIDENT FARLEY: That 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 122, by Senator Farley, Senate Bill Number 2014, 18 an act to amend the Education Law. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 46. 4 ACTING PRESIDENT FARLEY: That 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 123, by Senator Skelos, Senate Bill Number 1605, 8 an act to amend the Public Health Law and the 9 Correction Law. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 46. 18 ACTING PRESIDENT FARLEY: That 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 127, by Senator Farley, Senate Bill Number 2191, 22 an act to amend the Education Law, authorizing 23 State University trustees to make courses 1 available. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 46. 10 ACTING PRESIDENT FARLEY: That 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 130, by Senator Saland, Senate Bill number 1552, 14 an act to amend the Family Court Act and the 15 Criminal Procedure Law. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 46. 1 ACTING PRESIDENT FARLEY: That 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 131, by Senator Farley, Senate Bill Number - 5 SENATOR GOLD: Lay aside. 6 ACTING PRESIDENT FARLEY: Lay 7 that bill aside. 8 THE SECRETARY: Calendar Number 9 135, by Senator Mega, Senate Bill Number 983, an 10 act to amend the Executive Law. 11 SENATOR GOLD: Lay it aside. 12 ACTING PRESIDENT FARLEY: Lay 13 that bill aside. 14 THE SECRETARY: Calendar Number 15 136, by Senator Saland, Senate Bill Number 2242, 16 Domestic Relations Law and the Surrogate's Court 17 Procedure Act. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 1 SENATOR LEICHTER: Will you lay 2 that bill aside, please? 3 ACTING PRESIDENT FARLEY: Lay 4 that bill aside. Withdraw the roll call. 5 THE SECRETARY: Calendar Number 6 137, by Senator Saland, Senate Bill Number 2245, 7 Executive Law and the Family Court Act. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 46. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 138, by Senator Saland, Senate Bill Number 20 2363. 21 SENATOR SALAND: Lay it aside for 22 the day, please. 23 ACTING PRESIDENT FARLEY: Lay 1 that aside for today. 2 THE SECRETARY: Calendar Number 3 142, by Senator Johnson, Senate Bill Number 533, 4 an act to amend the Vehicle and Traffic Law. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 46. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 143, by Senator Levy, Senate Bill Number 785, an 17 act to amend the Vehicle and Traffic Law, in 18 relation to making technical corrections. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 46. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: 145, by Senator 7 Larkin, Senate Bill Number 1942, an act to amend 8 the Vehicle and Traffic Law. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 SENATOR GOLD: Lay it aside. 16 ACTING PRESIDENT FARLEY: Lay 17 that bill aside. 18 THE SECRETARY: Calendar Number 19 147, by Senator Tully, Senate Bill Number 234, 20 an act to amend the Penal Law, in relation to 21 sexual performance by a child. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 46. 7 ACTING PRESIDENT FARLEY: That 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 148, by Senator Mega, Senate Bill Number 1055, 11 Criminal Procedure Law and the Penal Law, in 12 relation to felony sex offenses. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 47. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 1 149, by Senator Volker, Senate Bill Number 1138, 2 an act to amend the Penal Law and the 3 Administrative Code of the city of New York. 4 ACTING PRESIDENT FARLEY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act - 8 SENATOR GOLD: Lay it aside, 9 please. 10 ACTING PRESIDENT FARLEY: 11 Withdraw the roll call and lay it aside. 12 Senator Present, that's the first 13 time through. Controversial? 14 SENATOR PRESENT: Mr. President, 15 let's take up the controversial calendar. 16 ACTING PRESIDENT FARLEY: Thank 17 you. 18 Senator Libous, you want to take 19 over for me, please? 20 ACTING PRESIDENT LIBOUS: O.K. 21 Controversial calendar, Senator Present; is that 22 O.K.? 23 THE SECRETARY: On page 6, 1 Calendar Number 101, by Senator Padavan, Senate 2 Print 1503-A, an act to amend the Public 3 Authorities Law, in relation to prohibiting toll 4 increases on the Triboro, Whitestone and Throgs 5 Neck bridges. 6 SENATOR HALPERIN: Explanation. 7 ACTING PRESIDENT LIBOUS: Senator 8 Padavan, an explanation has been requested. 9 SENATOR PADAVAN: Yes. Thank 10 you, Mr. President. 11 Mr. President, what this bill 12 provides for is a roll-back upon its effective 13 date when enacted tolls on three bridges that 14 service the residents of Queens County and those 15 boroughs to which they enter into or enter from, 16 namely, the Whitestone Bridge, the Throgs Neck 17 Bridge and the Triboro Bridge, to restore those 18 tolls to those fees that were in effect on 19 January 30th. 20 SENATOR HALPERIN: Mr. President. 21 ACTING PRESIDENT LIBOUS: Senator 22 Halperin. 23 SENATOR HALPERIN: I believe 1 there is an amendment at the desk which was 2 filed earlier today. 3 ACTING PRESIDENT LIBOUS: There 4 is an amendment at the desk. 5 SENATOR HALPERIN: I waive the 6 reading of the amendment, and ask for an 7 opportunity to explain it. 8 ACTING PRESIDENT LIBOUS: Senator 9 Halperin to explain the amendment. 10 SENATOR HALPERIN: Mr. President, 11 I certainly understand Senator Padavan's 12 motivation for sponsoring this bill. In fact, I 13 understand it so well that I want to take a good 14 thing and make it even better. 15 The residents of New York City 16 are beseiged with increasing costs in many, many 17 areas and, at the same time, have not received 18 increases in services to match the increases in 19 those costs, and in one of those areas is 20 certainly the mass transit. 21 There have been significant 22 improvements on mass transit, the subways, the 23 buses, over the last decade or so, but it is 1 still far from a pleasure to ride on those 2 facilities and, at the same time, the automobile 3 drivers in the city of New York are being asked 4 to pay more and more for -- to help out their 5 fellow citizens who are using these subways and 6 buses and without the real impact that should be 7 occurring. 8 Now, I would like to see the 9 tolls rolled back. In fact, my amendment does 10 it not only for the three crossings that Senator 11 Padavan includes within his legislation, but 12 does it for all of the TBTA authority facilities 13 in the city of New York, and so it should be. 14 Why should we be picking out a 15 bridge here, a bridge there? Let's treat them 16 the same. Let's roll back the tolls on all of 17 those bridges, and we can do it and still afford 18 to do it without hurting the commuter, or pardon 19 me, without hurting those who use the subways 20 and buses, simply by re-distributing money that 21 is already available on a more equitable basis, 22 and that is what this amendment does. 23 It rolls back the TBTA tolls on 1 all bridges, and it increases the amount of 2 money that is paid to the New York City Transit 3 Authority from these toll surpluses in two ways: 4 First, the initial lump sum payment that is paid 5 to the Transit Authority is increased from $24 6 million to $72 million. 7 Now, why is that being done? In 8 1972, a formula was established which provided 9 $24 million from the surplus to the city of New 10 York, and then took the excess surplus over $24 11 million and divided it 50/50 between the New 12 York City Transit Authority, and the commuter - 13 commuter railroads. That was back in 1972, and 14 I'm sure that all of us in this chamber 15 recognize that, if we were to take a 1972 dollar 16 and adjust it for inflation, it would be worth 17 far less today than it was then. 18 And so what I have done is simply 19 computed the value of that $24 million in 1972 20 and said that's the amount of money, particular 21 ly given the increases in the tolls that have 22 occurred over that period of time, that is today 23 worth $72 million, and so we're giving that lump 1 sum, the equivalent, an equal equivalent as to 2 when the law was first passed, to the New York 3 City Transit Authority, and then we're saying 4 that as relates to the surplus funds which are 5 now divided on a 50/50 basis, they should be 6 divided on a 70/30 basis, 70 percent to 30 7 percent, with 70 percent going to the New York 8 City Transit Authority. 9 And why this division? Very 10 simply, 70 percent of the monies generated by 11 the TBTA tolls are provided by New York City 12 residents and, furthermore, although it's not 13 included in this computation, it is estimated 14 that well over half of the New York -- of the 15 commuters coming in on the commuter railroads 16 end up using mass transit in New York City, and 17 so they have an additional benefit. 18 So we're simply trying to be 19 equitable here. That's all this bill wants is 20 equity. And, if we are equitable, we don't have 21 to increase the fares on -- for the New York 22 City Transit Authority. We can, by being 23 equitable, keep the fares down to what they are 1 and not have New York City -- New York City and, 2 for that matter, commuters coming in from 3 outside the city that use the Triborough Bridge 4 and Transit Authority facilities have to pay 5 these increased tolls. 6 And I hasten to add, by the way, 7 that the commuter railroads have a surplus this 8 year, so that they don't even need this money. 9 So, for all of these reasons, I urge my 10 colleagues to support this bill, to be fair, to 11 do what's right, to recognize the strains that 12 the people who use the subways in the city of 13 New York are under, to recognize the fact that 14 many of our residents in the City feel that they 15 are beseiged, and they're looking for help and 16 that we should offer that helping hand of 17 assistance to them by passing this amendment. 18 Thank you, Mr. President. 19 ACTING PRESIDENT LIBOUS: Senator 20 Leichter. 21 SENATOR LEICHTER: Yes. Mr. 22 President, I'm afraid that we're playing around 23 today with what is a really crucial issue not 1 only for the city of New York but for the state 2 of New York, and that is how we can maintain the 3 fare at $1.25 and how we can come up with the 4 needed capital program. 5 I'm sorry to see as responsible a 6 legislator as Senator Padavan introduce a bill 7 which would just wreak havoc with the stream of 8 funding which the mass transportation system 9 needs in New York and, while I think that 10 Senator Halperin is absolutely correct about the 11 inequity that now exists in the division of TBTA 12 money, I very much regret that he's jumping on 13 the irresponsible bandwagon and is going to 14 rescind all of the increases. 15 You know, it's popular. I mean I 16 could think of a lot of other things that people 17 don't like, and let's put in bills and we'll say 18 we'll get rid of this fee and that tax and - 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT LIBOUS: Senator 21 Gold, why do you rise? 22 SENATOR GOLD: Will the Senator 23 yield to a question? 1 ACTING PRESIDENT LIBOUS: Senator 2 Leichter, would you yield to a question? 3 SENATOR LEICHTER: Yes. 4 SENATOR GOLD: Senator, I'm taken 5 a little aback by your remarks. If you read the 6 sponsor's memo, Senator Padavan's memo, he talks 7 about many of his residents who not only use 8 their cars for inter-borough travel but, quote, 9 "many of them reside in two-fare zones 10 requiring bus and subway ticket purchase." 11 You're not suggesting that 12 Senator Padavan put in this bill without having 13 a plan, a secret plan, to be able to fund mass 14 transit properly in the city of New York? I 15 would assume that this bill is something that 16 many of us in the City should look at with shiny 17 smiles on our face, because I assume that 18 Senator Padavan and his Republican colleagues 19 passing this will now feel a full commitment to 20 all of his residents in a two-fare zone so that 21 this will be followed probably tomorrow by the 22 legislation which will fully fund the subways. 23 SENATOR LEICHTER: Well, Senator, 1 I certainly agree with you to the extent that 2 it's nice that, on March 8th, that Senator 3 Padavan who represents New York City would 4 finally have a bill on the floor here that deals 5 with the problems of mass transit even though it 6 moves the wrong way and is probably going to 7 make it even, they'll have to have triple zones 8 for Senator Padavan's constituents because of 9 the need to raise money. 10 But I think one can ask the 11 question: What have we been doing on mass 12 transit? And since the decisions in this house 13 are made behind closed doors by the Republican 14 Conference, fortunately, I say it maybe in 15 quotes, we have some members from the city of 16 New York who are part of that Conference. 17 It would be nice to know what's 18 happening in there and how hard they're fighting 19 to see that this body addresses the need of 20 equity in the city of New York of getting 21 sufficient monies for mass transit. I -- I 22 assume they're doing something. Of course, we 23 don't know, because it's all behind closed 1 doors, but we have some very powerful members of 2 that conference -- Senator Goodman, Senator 3 Marchi, Senator Padavan, Senator Maltese, all 4 senior members of this body, but unfortunately, 5 nothing has happened, and we are facing a $1.50 6 fare increase, and I think that we would be the 7 laughing stock of anybody who is really 8 concerned about the city of New York and its 9 welfare, if we passed this bill and if we 10 extended this bill. I mean, Senator Padavan in 11 an objective, concerned manner tailored this 12 bill so it applies only to his constituents and 13 Senator Halperin is certainly correct, if it 14 applies to those bridges, it ought to apply to 15 all bridges, but it shouldn't apply to any 16 bridges and that's why I'm going to vote against 17 the bill, and I'm going to vote against the 18 amendment, and I think it's about time that we 19 became somewhat responsible. 20 Let me tell you, this morning as 21 I rode the subway, who do I see there riding, 22 sitting opposite me, going down to City Hall but 23 our former colleague, Senator John Dunne. Now, 1 you know that if somebody as smart as John 2 Dunne, as rich as John Dunne, and with the 3 record of public service as John Dunne, a former 4 Attorney General of the United States, rides the 5 subway, then he understands a bargain, and he 6 understands that it is a value to the city of 7 New York and to the whole state of New York that 8 we have this mass transit system. 9 You know, we like to talk about, 10 well, we need an economic edge, an economic 11 advantage. We need something that's going to 12 attract businesses here. We've got something 13 that all of the Southwest, all of the Sun Belt 14 cities don't have. We have a mass transit 15 system, but one that unfortunately fell into 16 decay, and we ought to be working to try to 17 improve that system because that's what's going 18 to keep and bring businesses to New York State. 19 And the tax revenue, although 20 they may be located in the downstate area, are 21 going to -- are going to redound to the benefit 22 of everybody in this state. We ought to be 23 working at strengthening the flow of income to 1 keep down the fare, to provide monies for 2 capital improvements. 3 This bill goes in the opposite 4 direction. I agree with Senator Halperin that 5 we ought to re-distribute the money from the 6 TBTA, and I say that all of the Republican 7 Senators from New York -- and I left out in 8 mentioning them a most distinguished senior 9 Republican Senator, my colleague from the Bronx, 10 Senator Velella. But that's what we ought to be 11 doing, and I think to put out this sort of a 12 bill, I think, shows a definite lack of 13 seriousness, a lack of responsibility on the 14 part of the Majority. 15 I'm not going to make it worse by 16 going all the way that Senator Halperin did. I 17 would hope that we would address at some other 18 time the matter of the distribution of funds 19 from the TBTA, but this is essentially a bill so 20 that we can pander to our constituents and say, 21 Look what I'm doing for you! I'm decreasing the 22 monies that you have to pay in tolls. 23 We shouldn't be doing this. 1 That's why the public is so fed up with 2 legislatures is because there is this degree 3 pandering where we promise things that we know 4 are not in the public interest. This is clearly 5 not in the public interest, not only because 6 this money is desperately needed by the TBTA. I 7 think they make a convincing argument that we 8 probably don't have the authority to do it, that 9 we would be impairing their bonds. We also 10 ought to be discouraging traffic from going into 11 Man- hattan, and one of the ways to discourage 12 it, of course, is to make people pay more tolls. 13 It's a bad bill; it's a bad amendment. They 14 both should be voted down. 15 SENATOR HALPERIN: Mr. President. 16 ACTING PRESIDENT LIBOUS: Senator 17 Halperin. 18 SENATOR HALPERIN: I'll let 19 Senator Padavan answer for himself, but so far 20 as my well thought out amendment goes, I feel 21 that I have to speak up for myself at this 22 time. 23 I detect, Senator Leichter, an 1 underlying antagonism towards those who live in 2 boroughs outside of Manhattan, we'll call them 3 the (718) boroughs, because I'm not going to 4 call them the "outer boroughs". They're the 5 (718) boroughs, and those of us who live there 6 have to rely on automobiles more than those of 7 you who live in Manhattan, and it's fine that 8 you have a very well integrated mass transit 9 system to take you just about any place you want 10 to go within Manhattan. That's -- that's 11 terrific. But there are many of us who need our 12 automobiles more, and what you seem to really 13 want to do here is not to talk about whether 14 we're going to be able to pay for the subsidy of 15 the subways and the buses in New York City 16 because if you were listening you would have 17 heard me say that the redistribution of the 18 money covers whatever loss there would be in the 19 toll dollars. 20 In fact, the two numbers are, 21 you'd lose $34 million in tolls and you'd pick 22 up $34 million from the redistribution to the 23 fund. So when you say I was bordering on 1 irresponsibility, I want to make it clear I 2 wasn't. The numbers add up. 3 What we may really be talking 4 about here is whether we want to clobber the 5 middle class with unnecessary tolls. If they're 6 necessary, if there's no other way to provide 7 the monies for the subways, then perhaps we have 8 to do that. But if we do have another way to do 9 it, then I think that's the way we should go, 10 and this amendment links the two. 11 It's one bill. We're not going 12 to eliminate the tolls unless we re-distribute 13 the money. They're linked together in this 14 amendment; so it's a very responsible way to 15 go. It's taking into account the needs, the 16 feelings, of the middle class who use their cars 17 on a daily basis to go within their own city, to 18 travel within their own city, and saying to 19 them, We're going to give you a little bit of 20 relief. We don't want to drive you out of our 21 city. We want you to stay there and we're going 22 to help you, when we can, when we can do it in a 23 responsible manner. 1 So I strongly urge that you join 2 the rest of the members of this house in voting 3 for this amendment which is fiscally 4 responsible, and will help the greatest number 5 of residents of this city. 6 ACTING PRESIDENT LIBOUS: On the 7 amendment, voice vote. All in favor say aye. 8 (Response of "Aye.") 9 Opposed no. 10 (Response of "No.") 11 The amendment is defeated. 12 Last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 101 are Senators 20 Dollinger, Galiber, Jones, Leichter, Ohrenstein 21 and Solomon. Ayes 48, nays 6. 22 ACTING PRESIDENT LIBOUS: The 23 bill is passed. 1 THE SECRETARY: Calendar Number 2 131, by Senator Farley, Senate Bill Number 1664, 3 an act to amend the Judiciary Law, in relation 4 to the disqualification of jurors. 5 SENATOR GOLD: Explanation. 6 ACTING PRESIDENT LIBOUS: Senator 7 Farley, an explanation is requested. 8 SENATOR FARLEY: Thank you, Mr. 9 President. 10 This bill stems from a 11 constituent inquiry and, under the current law, 12 there are two types of jury duty exemptions. 13 Some categories of individuals such as ministers 14 and doctors and attorneys are exempt from duty 15 upon their claiming of the exemption. Other 16 categories, including elected officials, active 17 duty military personnel, federal judges are 18 completely disqualified from service. 19 In rural areas, part-time elected 20 officials such as town council members may be 21 retired individuals who have plenty of time 22 available for community service, including jury 23 duty. In addition, there may be difficulty in 1 finding persons willing and able to serve on 2 juries given the small size of the communities. 3 This bill would allow local elected officials - 4 ACTING PRESIDENT LIBOUS: Excuse 5 me, Senator Farley. Could we please have a 6 little order in the chamber. 7 SENATOR FARLEY: Thank you. 8 ACTING PRESIDENT LIBOUS: Thank 9 you, Senator Farley. You have the floor. 10 SENATOR FARLEY: This bill would 11 allow local elected officials in small 12 communities to voluntarily choose to qualify 13 themselves for jury duty. This bill would only 14 affect 20 small upstate counties with a 15 population of under 60,000. In order to ensure 16 that -- the official would have to obtain 17 permission from both the chief legislative 18 officer and executive officer of the government 19 of which he or she is an elected official. 20 This bill passed the Senate last 21 year handily and it -- there were some concerns 22 raised a few years ago about this bill in that 23 it excludes state and federal officials based 1 upon concerns of Senator Leichter, I think, and 2 also it -- district attorneys, and so forth, and 3 all those other people would not be able to 4 serve. 5 With that, I think that about 6 explains it. 7 ACTING PRESIDENT LIBOUS: Read 8 the last section. 9 SENATOR FARLEY: Last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 131 are Senators 17 Galiber, Gold, Leichter and Mendez. Ayes 50, 18 nays 4. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 135, by Senator Mega, Senate Bill Number 983, an 23 act to amend the Executive Law, in relation to 1 qualifications of employment. 2 SENATOR GOLD: Last section. 3 ACTING PRESIDENT LIBOUS: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LIBOUS: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 53, nays 1, 11 Senator Montgomery recorded in the negative. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 136, by Senator Saland, Senate Bill Number 2242, 16 Domestic Relations Law and the Surrogate's Court 17 Procedure Act. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 SENATOR LEICHTER: Mr. President. 21 ACTING PRESIDENT LIBOUS: Senator 22 Leichter. 23 SENATOR LEICHTER: Yes, if I can 1 just ask Senator Saland to yield. 2 Senator Saland, as I understand 3 it, this bill would require fingerprinting and 4 check of criminal records before any adoption be 5 finalized. 6 SENATOR SALAND: Correct. What 7 this bill does is, intends to and attempts to 8 codify what's already an existing practice which 9 I think one would be hard-pressed to find some 10 authority in law for which is in the course of 11 an adoption, in addition to all of the other 12 requirements that are imposed by either law or 13 by the court, fingerprints are taken and there's 14 a fingerprint check done, not only for finger 15 prints here in New York, but once you get into 16 the process, they can check nationwide through 17 the F.B.I. system. 18 SENATOR LEICHTER: Senator, I 19 didn't know that they were doing this now and 20 that pretty much resolves a question or a doubt 21 I had about the bill, but let me ask it anyhow: 22 I just wondered how long it takes to make these 23 fingerprint checks and I know that there are, of 1 course, inquiries being made all the time about 2 people being charged with crimes, and so on. 3 I just wondered if there was a 4 long delay, a wait, while these records are 5 being checked? 6 SENATOR SALAND: I couldn't 7 quantify it, but I would think that it would be 8 relatively rapid. With -- with things such as 9 your -- your DCJS access I just have to assume 10 that you're talking a matter of a few days and 11 I'm hazarding a guess here, Senator, at most. 12 SENATOR LEICHTER: Let me also 13 ask you, Senator, has there been a problem where 14 adoptions have been approved for people who it 15 turns out have a criminal record who then later 16 on harm the child? 17 SENATOR SALAND: Well, Senator, I 18 know there has been some rather unique publicity 19 given to certain adoptions. I'm not quite sure 20 if there were criminal activity involved on the 21 prospective adoptive parents. The one that 22 comes to mind most readily, and I don't mean to 23 impugn or infer a crime where there was none, I 1 know the Steinberg case, except that this isn't 2 intended to deal with the Steinberg case. I 3 don't know if there was any criminal behavior 4 involved in either of those two parents, but I 5 think we could all agree that there's nothing 6 certainly, nothing but gain, we don't lose by 7 attempting to make sure that a parent or 8 adoptive parent, however good their background 9 may be by the information provided by them, if 10 there turns out to be an instance in which that 11 person has committed a crime of whatever nature, 12 perhaps a crime relating to the very welfare of 13 a child in this state, or every bit importantly 14 in another state, then this bill would have 15 served, I think, a very admirable purpose and, 16 as I said, we're primarily codifying what's an 17 existing practice. 18 SENATOR LEICHTER: All right, 19 thank you. 20 SENATOR GOLD: Last section. 21 ACTING PRESIDENT LIBOUS: Read 22 the last section. 23 THE SECRETARY: Section 2. This 1 act shall take effect immediately. 2 ACTING PRESIDENT LIBOUS: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 55. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 145, by Senator Larkin, Senate Bill Number 1942, 10 an act to amend the Vehicle and Traffic Law. 11 SENATOR GOLD: Yeah. Senator 12 Larkin around? 13 ACTING PRESIDENT LIBOUS: Senator 14 Gold. 15 SENATOR GOLD: Yes, Senator. I 16 hate to impose. Could I just get a very brief 17 explanation? 18 SENATOR LARKIN: Yes, it says if 19 you're going to allow an individual with a 20 handicap to operate a normal motor vehicle, then 21 you must allow him the privilege of requesting 22 registration of an ATV. If he can't meet the 23 requirements for a normal registration, then he 1 can't register an ATV. 2 SENATOR GOLD: Last section. 3 ACTING PRESIDENT LIBOUS: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LIBOUS: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 55. 11 ACTING PRESIDENT LIBOUS: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 149, by Senator Volker, Senate Bill Number 1138, 15 act to amend the Penal Law and the Administrat 16 ive Code of the city of New York. 17 SENATOR GOLD: Last section. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LIBOUS: Call 23 the roll. 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 54, nays 3 one, Senator Leichter recorded in the negative. 4 ACTING PRESIDENT LIBOUS: The 5 bill is passed. 6 Senator Present, that concludes 7 the controversial calendar. 8 SENATOR PRESENT: Mr. President, 9 if there are no further announcements, there 10 being no further business, I move we adjourn 11 until tomorrow at 3:00 p.m. 12 ACTING PRESIDENT LIBOUS: The 13 Senate stands adjourned until tomorrow at 3:00 14 p.m. 15 (Whereupon at 3:53 p.m., the 16 Senate adjourned.) 17 18 19 20 21 22