Monday, June 7, 1993

4450 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 7, 1993 11 2:52 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JAMES J. LACK, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 4451 1 P R O C E E D I N G S 2 ACTING PRESIDENT LACK: Senate 3 will come to order. Please rise for the Pledge 4 of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 In the absence of clergy, may we 8 please bow our heads in a moment of silence. 9 (A moment of silence was 10 observed.) 11 Reading of the Journal. 12 THE SECRETARY: In Senate, 13 Friday, June 4th. The Senate met pursuant to 14 adjournment, Senator Bruno in the Chair upon 15 designation of the Temporary President. The 16 Journal of Thursday, June 3rd, was read and 17 approved. On motion, Senate adjourned. 18 ACTING PRESIDENT LACK: Hearing 19 no objection, the Journal stands approved as 20 read. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 I'd like to announce an immediate meeting of the 4452 1 Rules Committee in Room 332. 2 ACTING PRESIDENT LACK: There 3 will be an immediate meeting of the Rules 4 Committee in Room 332. 5 Senator Present. 6 SENATOR PRESENT: The Senate will 7 stand at ease. 8 ACTING PRESIDENT LACK: The 9 Senate will stand at ease. 10 (The Senate stood at ease from 11 2:53 until 3:14 p.m.) 12 ACTING PRESIDENT VOLKER: Motions 13 and resolutions. Senator Present. 14 Senators take their seats. We 15 are here to proceed. We've already read the 16 early part of the agenda, and we're now going to 17 go to motions and resolutions. 18 Senator Cook. 19 SENATOR COOK: I'd like to offer 20 up the following privileged resolution, waive 21 its reading and ask its adoption. 22 ACTING PRESIDENT VOLKER: Read 23 the title. 4453 1 THE SECRETARY: Legislative 2 Resolution, by Senator Cook, commending the 3 Color Guard representing Council 82 and the New 4 York State Department of Corrections. 5 ACTING PRESIDENT VOLKER: On the 6 res... on the resolution, all in favor signify 7 by saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 The resolution is adopted. 12 Senator Saland. 13 SENATOR SALAND: Mr. President, 14 on behalf of Senator Johnson, I wish to call up 15 print -- Senate Print Number 4563, recalled from 16 the Assembly and is now at the desk. 17 ACTING PRESIDENT VOLKER: 18 Secretary will read. 19 THE SECRETARY: By Senator 20 Johnson, Senate Bill Number 4653, an act to 21 amend the Agriculture and Markets Law. 22 SENATOR SALAND: Mr. President, I 23 now move to reconsider the vote by which the 4454 1 bill passed the house. 2 ACTING PRESIDENT VOLKER: Call 3 the roll on reconsideration. 4 (The Secretary called the roll on 5 reconsideration. ) 6 THE SECRETARY: Ayes 36. 7 ACTING PRESIDENT VOLKER: The 8 bill is before the house. 9 SENATOR SALAND: Mr. President, 10 on behalf of Senator Johnson, I offer the 11 following amendments. 12 ACTING PRESIDENT VOLKER: 13 Amendments are received and adopted. 14 SENATOR SALAND: Mr. President. 15 ACTING PRESIDENT VOLKER: Senator 16 Saland. 17 SENATOR SALAND: Mr. President, 18 on behalf of Senator Spano, I wish to call up 19 Print Number 1987, recalled from the Governor 20 which is now at the desk. 21 ACTING PRESIDENT VOLKER: 22 Secretary will read. 23 THE SECRETARY: By Senator Spano, 4455 1 Senate Bill Number 1987, an act to amend the 2 Civil Service Law, in relation to providing New 3 York State public employees with the right to 4 have a union representative. 5 SENATOR SALAND: Mr. President, 6 on behalf of Senator Spano, I'd move to 7 reconsider the vote by which this bill was 8 passed. 9 ACTING PRESIDENT VOLKER: Call 10 the roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration.) 13 THE SECRETARY: Ayes 40. 14 ACTING PRESIDENT VOLKER: Bill is 15 before the house. 16 SENATOR SALAND: Mr. President, I 17 would offer the following amendments on behalf 18 of Senator Spano. 19 ACTING PRESIDENT VOLKER: 20 Amendments received and adopted. 21 Senator Larkin. 22 SENATOR LARKIN: Mr. President, 23 on behalf of Senator Stafford, would you please 4456 1 place a sponsor's star on Calendar 682, Senate 2 Print 2399. 3 ACTING PRESIDENT VOLKER: Without 4 objection, bill is starred. 5 Senator Larkin. 6 SENATOR LARKIN: On behalf of 7 Senator Volker, Mr. President, on page 27, I 8 offer the following amendments to Calendar 9 Number 941, Print 3950-B, and ask that said bill 10 retain its place on third reading. 11 ACTING PRESIDENT VOLKER: 12 Amendments received. 13 Senator Stachowski. Oh, I'm 14 sorry. Senator Larkin. 15 SENATOR LARKIN: Mr. President, 16 on behalf of Senator Volker, on page 24, I offer 17 the following amendments to Calendar 862, Senate 18 Print Number 4244, and ask that said bill retain 19 its place on Third Reading Calendar. 20 ACTING PRESIDENT VOLKER: 21 Amendments received and adopted. Thank you, 22 Senator Larkin. 23 Senator Stachowski. 4457 1 SENATOR STACHOWSKI: Mr. 2 President, I wish to call up my bill, Print 3 1766-A, recalled from the Assembly, which is now 4 at the desk. 5 ACTING PRESIDENT VOLKER: 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Stachowski, Senate Bill Number 1766-A, 9 authorizing the town of Cheektowaga, county of 10 Erie, to lease certain park lands. 11 SENATOR STACHOWSKI: Mr. 12 President, I now move to reconsider the vote by 13 which this bill was passed. 14 ACTING PRESIDENT VOLKER: Call 15 the roll on reconsideration. 16 (The Secretary called the roll on 17 reconsideration. ) 18 THE SECRETARY: Ayes 40. 19 ACTING PRESIDENT VOLKER: The 20 bill is before the house. 21 SENATOR STACHOWSKI: Mr. 22 President, I now offer the following amendments. 23 ACTING PRESIDENT VOLKER: 4458 1 Amendments received and adopted. Bill - 2 Senator Stachowski. 3 SENATOR STACHOWSKI: Mr. 4 President, on behalf of Senator Halperin, I wish 5 to call up bill, Print 32-A, recalled from the 6 Assembly which is now at the desk. 7 ACTING PRESIDENT VOLKER: 8 Secretary will read. 9 THE SECRETARY: By Senator 10 Halperin, Senate Bill Number 32-A, an act to 11 amend the Executive Law, in relation to 12 publication of certain notices. 13 SENATOR STACHOWSKI: Mr. 14 President, I now move to reconsider the vote by 15 which this bill was passed. 16 ACTING PRESIDENT VOLKER: Call 17 the roll on reconsideration. 18 (The Secretary called the roll on 19 reconsideration. ) 20 THE SECRETARY: Ayes 40. 21 ACTING PRESIDENT VOLKER: The 22 bill is before the house. 23 SENATOR STACHOWSKI: Mr. 4459 1 President, I now offer the following amendments. 2 ACTING PRESIDENT VOLKER: 3 Amendments received and adopted. 4 Senator Wright. 5 SENATOR WRIGHT: Mr. President, 6 on behalf of Senator Sears, I wish to call up 7 Print Number 3471, recalled from the Assembly, 8 which is now at the desk. 9 ACTING PRESIDENT VOLKER: 10 Secretary will read. 11 THE SECRETARY: By Senator Sears, 12 Senate Bill Number 3471, an act to amend the 13 Public Health Law and the Executive Law. 14 SENATOR WRIGHT: Mr. President, I 15 now move to reconsider vote by which this bill 16 was passed. 17 ACTING PRESIDENT VOLKER: Call 18 the roll on reconsideration. 19 (The Secretary called the roll on 20 reconsideration. ) 21 THE SECRETARY: Ayes 40. 22 ACTING PRESIDENT VOLKER: The 23 bill is before the house. 4460 1 SENATOR WRIGHT: Mr. President, I 2 now offer the following amendments. 3 ACTING PRESIDENT VOLKER: 4 Amendments received and adopted. 5 Senator Wright. 6 SENATOR WRIGHT: Mr. President, 7 on behalf of Senator Libous, I wish to call up 8 Print Number 3517-B, recalled from the Assembly 9 which is now at the desk. 10 ACTING PRESIDENT VOLKER: 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Libous, Senate Bill Number 3517-B, an act to 14 amend the Insurance Law. 15 SENATOR WRIGHT: Mr. President, I 16 now move to reconsider the vote by which this 17 bill was passed. 18 ACTING PRESIDENT VOLKER: Call 19 the roll on reconsideration. 20 (The Secretary called the roll on 21 reconsideration. ) 22 THE SECRETARY: Ayes 40. 23 ACTING PRESIDENT VOLKER: The 4461 1 bill is before the house. 2 SENATOR WRIGHT: Mr. President, I 3 now offer the following amendments. 4 ACTING PRESIDENT VOLKER: 5 Amendments received and adopted. 6 Senator Wright. 7 SENATOR WRIGHT: Mr. President, 8 on behalf of Senator Sears, would you please 9 place a sponsor's star on Calendar 939, Senate 10 Print 3352. 11 ACTING PRESIDENT VOLKER: Bill is 12 starred at the request of the sponsor. 13 SENATOR WRIGHT: Thank you. 14 Senator Present, shall we proceed 15 with the non-controversial calendar? 16 SENATOR PRESENT: Mr. President, 17 do you have a report of a standing committee 18 there? May we read it? 19 ACTING PRESIDENT VOLKER: Yes, 20 there is a report of the standing Committee on 21 Rules. Secretary will read. 22 THE SECRETARY: Senator Marino, 23 from the Committee on Rules, reports the 4462 1 following bills directly for third reading: 2 Senate Bill Number 1072-A, by 3 Senator Volker, an act to amend the Tax Law; 4 1127, by Senator Present, an act 5 to amend the Public Lands Law; 6 1587, by Senator Marchi, 7 authorizing the city of New York to reconvey its 8 interest in certain real property; 9 2068, by Senator Kuhl, an act to 10 amend -- to authorize the county of Yates to 11 convey certain lands; 12 2094, by Senator Skelos, an act 13 to amend the Executive Law; 14 2222, by Senator Present, amends 15 Chapter 263 of the Laws of 1981; 16 2223-A, by Senator Present, an 17 act to amend Chapter 574 of the Laws of 1986 18 amending the Tax Law; 19 2840, by Senator Larkin, 20 authorize the town of Wallkill, Orange County, 21 to impose a fee of charge; 22 2955-A, by Senator Pataki, 23 authorizing the towns of Dover and Beekman in 4463 1 Dutchess County to establish a joint street 2 improvement; 3 3876, by Senator Kuhl, an act to 4 amend the Tax Law; 5 3921-B, by Senator Seward, an act 6 to amend the Tax Law, extending the 7 authorization to the county of Cortland; 8 3935, by Senator Present, an act 9 to amend the Town Law and the Public Officers 10 Law; 11 4017, by Senator LaValle, an act 12 to amend the Executive Law; 13 4140, by Senator Kuhl, an act 14 providing to Thomas Kennedy credit for past 15 service, extraordinary budgetary problems; 16 4141, by Senator Kuhl, New York 17 State and local employees retirement system; 18 4147, by Senator Pataki, allowing 19 the payment of certain retirement benefits to 20 the widow of John McKenzie; 21 4236-A, by Senator Pataki, 22 allowing Rosina Romano to transfer certain 23 service credits to obtain Tier I status; 4464 1 4277, by Senator Wright, 2 authorize the sale of certain state land in the 3 town of Ellisburg, Jefferson County; 4 4329, by Senator Larkin, transfer 5 retirement service credit for Joseph Sabo; 6 4743, by Senator DeFrancisco, to 7 reopen the optional 20-year retirement plan; 8 4822, by Senator Stafford, an act 9 to amend the Town Law; 10 4882, by Senator DeFrancisco, 11 conveyance of state lands in the town of 12 Onondaga; 13 5545-A, by Senator Lack, an act 14 to amend the Public Health Law; 15 5729, by Senator Mega, an act to 16 amend Chapter 502 of the Laws of 1992; 17 5758, by Senator DeFrancisco, 18 amends Chapter 741 of the Laws of 1981, relating 19 to the sale of abandoned canal reservoir lands; 20 All bills reported directly for 21 third reading. 22 ACTING PRESIDENT VOLKER: Without 23 objection, third reading for tomorrow. 4465 1 Senator Present. 2 SENATOR PRESENT: Mr. President, 3 let's take up the non-controversial calendar. 4 ACTING PRESIDENT VOLKER: Clerk 5 will read. 6 THE SECRETARY: On page 6 of 7 today's calendar, Calendar Number 200, by 8 Senator Saland, Senate Bill Number 766. 9 ACTING PRESIDENT VOLKER: Lay the 10 bill aside. 11 SENATOR PRESENT: For the day. 12 ACTING PRESIDENT VOLKER: For the 13 day. 14 THE SECRETARY: Calendar Number 15 262, by Senator Velella, Senate Bill Number 16 3163, an act to amend the Insurance Law. 17 ACTING PRESIDENT VOLKER: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VOLKER: Call 22 the roll. 23 (The Secretary called the roll. ) 4466 1 THE SECRETARY: Ayes 41. 2 ACTING PRESIDENT VOLKER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 493, by member of the Assembly Grannis, Assembly 6 Bill Number 6187, an act to amend the Insurance 7 Law, in relation to the protection of purchasing 8 group policies. 9 ACTING PRESIDENT VOLKER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VOLKER: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 41. 17 ACTING PRESIDENT VOLKER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 503, by Senator Skelos, Senate Bill Number 21 4309-A, an act to amend the Judiciary Law, in 22 relation to lawyer assistance committees. 23 ACTING PRESIDENT VOLKER: Read 4467 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT VOLKER: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 41. 8 ACTING PRESIDENT VOLKER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 593, by Senator Kuhl, Senate Bill Number 4431, 12 Agriculture and Markets Law. 13 ACTING PRESIDENT VOLKER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VOLKER: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 41. 21 ACTING PRESIDENT VOLKER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 4468 1 599, by Senator Velella, Senate Bill Number 2 2603, an act to amend the Insurance Law. 3 ACTING PRESIDENT VOLKER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VOLKER: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 41. 11 ACTING PRESIDENT VOLKER: The 12 bill is passed. 13 We have to reconsider a bill that 14 just passed. The sub' from the Assembly is on 15 its way, so the Secretary will read for 16 reconsideration. 17 THE SECRETARY: Calendar Number 18 593, by Senator Kuhl, Senate Bill Number 4431, 19 Agriculture and Markets Law. 20 ACTING PRESIDENT VOLKER: Call 21 the roll on reconsideration. 22 (The Secretary called the roll on 23 reconsideration.) 4469 1 THE SECRETARY: Ayes 41. 2 ACTING PRESIDENT VOLKER: The 3 bill is before the house and laid aside. 4 THE SECRETARY: Calendar Number 5 685, by Senator Lack. 6 SENATOR GOLD: Lay aside, please. 7 ACTING PRESIDENT VOLKER: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 724, by Senator Daly, Senate Bill Number 3782, 11 an act to amend the Public Authorities Law. 12 ACTING PRESIDENT VOLKER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VOLKER: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 41. 20 ACTING PRESIDENT VOLKER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 726, by Senator DeFrancisco, Senate - 4470 1 SENATOR GOLD: Can we have one 2 day on that, please? 3 SENATOR DeFRANCISCO: Certainly. 4 ACTING PRESIDENT VOLKER: Bill is 5 laid aside for one day. 6 THE SECRETARY: Calendar Number 7 781, by Senator Lack, Senate Bill Number 4760, 8 Workers' Compensation Law. 9 ACTING PRESIDENT VOLKER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VOLKER: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 41. 17 ACTING PRESIDENT VOLKER: The 18 bill is passed. 19 THE SECRETARY: I'm sorry, excuse 20 me. Ayes 40, nays one, Senator DeFrancisco 21 recorded in the negative. 22 ACTING PRESIDENT VOLKER: The 23 bill is still passed. 4471 1 THE SECRETARY: Calendar Number 2 795, by Senator Pataki. 3 SENATOR GOLD: Lay aside. 4 ACTING PRESIDENT VOLKER: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 887, by Senator Farley, Senate Bill Number 4951, 8 an act to amend the Banking Law, in relation to 9 empowering the Superintendent of Banks to issue 10 check cashing licenses. 11 ACTING PRESIDENT VOLKER: Read 12 the last section. 13 SENATOR GOLD: Lay the bill aside 14 for Senator Solomon. 15 ACTING PRESIDENT VOLKER: Lay the 16 bill aside at the request of the Minority 17 Leader. 18 THE SECRETARY: Calendar Number 19 908, by Senator Velella, Senate Bill Number 20 5299, the Education Law, in relation to 21 establishing the John D. Calandra Italian 22 American Institute. 23 ACTING PRESIDENT VOLKER: Read 4472 1 the last section. 2 SENATOR LEICHTER: Lay aside. 3 ACTING PRESIDENT VOLKER: Pardon? 4 Lay it aside? I'm sorry. Lay it aside. 5 THE SECRETARY: Calendar Number 6 923, by Senator Saland, Senate Bill Number 7 5372-A, an act to amend the Town Law, in 8 relation to authorizing fire district 9 commissioners to establish user fees. 10 ACTING PRESIDENT VOLKER: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT VOLKER: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 41. 18 ACTING PRESIDENT VOLKER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 944, by Senator Larkin, Senate Bill Number 4402. 22 SENATOR GOLD: Can we have one 23 day on this, please? Senator Larkin says O.K. 4473 1 ACTING PRESIDENT VOLKER: Lay 2 aside until tomorrow. 3 SENATOR PRESENT: Lay aside. 4 THE SECRETARY: Calendar Number 5 945, by Senator Maltese, Senate Bill Number 6 4474-A, Retirement and Social Security Law, in 7 relation to establishment of 20-year retirement 8 program for correction officers. 9 ACTING PRESIDENT VOLKER: Home 10 rule message is at the desk. Read the last 11 section. 12 SENATOR LEICHTER: Lay aside. 13 ACTING PRESIDENT VOLKER: Lay the 14 bill aside. Lay the bill aside at the request 15 of Senator Leichter. 16 THE SECRETARY: Calendar Number 17 957, by Senator Levy. 18 SENATOR GOLD: Lay aside for 19 Senator Connor, please. 20 ACTING PRESIDENT VOLKER: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 960, by Senator Stavisky, Senate Bill Number 4474 1 511, Vehicle and Traffic Law, in relation to 2 inspection of safety belts. 3 ACTING PRESIDENT VOLKER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VOLKER: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 43. 11 ACTING PRESIDENT VOLKER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 961, by Senator Levy, Senate Bill Number 999-A, 15 an act to amend the General Obligations Law. 16 ACTING PRESIDENT VOLKER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act - 20 SENATOR GOLD: Lay aside. 21 ACTING PRESIDENT VOLKER: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 4475 1 962, by Senator Daly. 2 SENATOR GOLD: Lay aside. 3 ACTING PRESIDENT VOLKER: Lay 4 that bill aside. 5 THE SECRETARY: Calendar Number 6 963, by Senator - 7 SENATOR GOLD: Lay aside, please. 8 ACTING PRESIDENT VOLKER: Lay 9 that one aside also. 10 THE SECRETARY: Calendar Number 11 964, by Senator Larkin, Senate Bill Number 12 1946-B, Administrative Code of the city of New 13 York. 14 ACTING PRESIDENT VOLKER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VOLKER: Call 19 the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 44. 22 ACTING PRESIDENT VOLKER: The 23 bill is passed. 4476 1 THE SECRETARY: 965, by Senator 2 Marchi, Senate Bill Number 2456, an act to 3 require the Department of Environmental 4 Conservation to study the period of probable 5 usefulness of landfills. 6 ACTING PRESIDENT VOLKER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VOLKER: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 44. 14 ACTING PRESIDENT VOLKER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 966, by Senator Daly, Senate Bill Number 3137, 18 an act to amend the Public Health Law, in 19 relation to imitation controlled substances. 20 ACTING PRESIDENT VOLKER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4477 1 ACTING PRESIDENT VOLKER: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 44. 5 ACTING PRESIDENT VOLKER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 967, by Senator Maltese, Senate Bill Number - 9 SENATOR LEICHTER: Lay aside, 10 please. 11 ACTING PRESIDENT VOLKER: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 968, by Senator Daly, Senate Bill Number 4794-A, 15 an act to amend the Education Law, in relation 16 to required instructions in humane treatment - 17 SENATOR GOLD: Lay aside, please. 18 ACTING PRESIDENT VOLKER: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 967 -- 969, by Senator Volker, Senate Bill 22 Number 5693, an act to amend the Penal Law, in 23 relation to the definition of access device. 4478 1 ACTING PRESIDENT VOLKER: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VOLKER: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 44. 9 ACTING PRESIDENT VOLKER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 970, by the Senate Committee on Rules, Senate 13 Bill Number 5703, an act to amend the Public 14 Authorities Law, in relation to trustees of the 15 Long Island Power Authority. 16 ACTING PRESIDENT VOLKER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VOLKER: Lay 21 aside, Senator Leichter? 22 SENATOR LEICHTER: No. 23 THE SECRETARY: Section 2. This 4479 1 act shall take effect immediately. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 43, nays 1, 4 Senator Kuhl recorded in the negative. 5 ACTING PRESIDENT VOLKER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 973, by Senator Masiello, Senate Bill Number 9 5720, authorizing the Commissioner of General - 10 Commissioner of the Office of General Services 11 to sell and convey real property to Sisters of 12 Charity. 13 ACTING PRESIDENT VOLKER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VOLKER: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 44. 21 ACTING PRESIDENT VOLKER: The 22 bill is passed. 23 THE SECRETARY: On page 29, 4480 1 Calendar Number 974, Senator Kuhl moves to 2 discharge the Committee on Rules from Assembly 3 Bill Number 3668 and substitute it for the 4 identical Third Reading 974. 5 ACTING PRESIDENT VOLKER: The 6 bill is substituted. Third reading. Last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VOLKER: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 44. 14 ACTING PRESIDENT VOLKER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 975, by Senator Present, Senate Bill Number 18 5731, General Municipal Law, in relation to 19 appointment of a member of the county of 20 Chautauqua Industrial Development Agency. 21 ACTING PRESIDENT VOLKER: Home 22 rule message is at the desk. 23 SENATOR GOLD: Lay it aside, 4481 1 please. 2 ACTING PRESIDENT VOLKER: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 976, by Senator Mega, Senate Bill Number 5732, 6 Judiciary Law and the New York City Civil Court 7 Act. 8 ACTING PRESIDENT VOLKER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VOLKER: Call 13 the roll. 14 SENATOR GOLD: Lay this aside. 15 ACTING PRESIDENT VOLKER: Lay 16 that bill aside at the request of - 17 SENATOR GOLD: Oh, hold on. Last 18 section. 19 ACTING PRESIDENT VOLKER: Read 20 the last section again. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VOLKER: Call 4482 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes - 4 SENATOR LEICHTER: Would you lay 5 it aside, please. 6 ACTING PRESIDENT VOLKER: Suspend 7 the roll call, lay the bill aside. 8 THE SECRETARY: Calendar Number 9 977, by Senator Bruno, Senate Bill Number 5736, 10 an act to amend the Tax Law, in relation to the 11 inspection of tax returns. 12 ACTING PRESIDENT VOLKER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VOLKER: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 44. 20 ACTING PRESIDENT VOLKER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 978, by Senator Hannon, Senate Bill Number 5737, 4483 1 authorize the Commissioner of General Services 2 to sell and convey to the village of Hempstead 3 the state armory located in such village. 4 ACTING PRESIDENT VOLKER: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VOLKER: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 45. 12 ACTING PRESIDENT VOLKER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 981, by Senator Seward, Senate Bill Number 5748, 16 General City Law, in relation to plumbing 17 inspectors in the city of Cortland. 18 ACTING PRESIDENT VOLKER: Read 19 the last section. 20 THE SECRETARY: Section - 21 ACTING PRESIDENT VOLKER: Senator 22 Maltese. 23 SENATOR MALTESE: Mr. President, 4484 1 I rise to explain my vote. Any bill proposed by 2 Senator Seward, I'm sure, is a fine bill 3 especially relating to the city of Cortland. 4 But I wish to also indicate that as all members 5 know, this week end is Italian-American 6 Legislators week end, and we are having a 7 function tonight in the city of Troy and present 8 with us today are dignitaries, Italian-American 9 dignitaries and dignitaries from Italian 10 American organizations throughout the state, 11 many of whom are here present in the balcony. 12 Mr. President, I vote aye. 13 ACTING PRESIDENT VOLKER: Senator 14 Maltese in the affirmative. 15 SENATOR SMITH: I was going to 16 find my seat and be a good Italian-American. 17 THE SECRETARY: Ayes 51. 18 ACTING PRESIDENT VOLKER: The 19 bill is passed. O.K. We return to report of 20 standing committees. We have four bills that 21 were still left over from the Rules Committee 22 report. 23 SENATOR PRESENT: Sure. 4485 1 ACTING PRESIDENT VOLKER: 2 Secretary will read. 3 THE SECRETARY: Senator Marino, 4 from the Committee on Rules, reports the 5 following bills directly for third reading: 6 Senate Bill Number 5762, by 7 Senator Smith, an act authorizing the city of 8 New York to reconvey its interest in certain 9 real property; 10 5765, by Senator Saland, 11 authorizing the town of Wappinger, county of 12 Dutchess, to discontinue the use and convey 13 certain park lands; 14 5779, by Senator Montgomery, 15 authorizing the city of New York to reconvey its 16 interested in certain real property; and 17 5784, by Senator Pataki, 18 authorize the board of education of the Lake 19 land Central School District to convey certain 20 lands. 21 All bills reported directly for 22 third reading. 23 ACTING PRESIDENT VOLKER: Without 4486 1 objection, third reading. 2 Senator Present, shall we proceed 3 with the second reading of the calendar? 4 SENATOR PRESENT: Mr. President, 5 let's proceed with controversial calendar, 6 please. 7 ACTING PRESIDENT VOLKER: 8 Controversial calendar. Clerk will read. 9 THE SECRETARY: On page 13, 10 Calendar Number 593, Senator Kuhl moves to 11 discharge the Committee on Rules, from Assembly 12 Bill Number 5879 and substitute it for the 13 identical Third Reading 593. 14 ACTING PRESIDENT VOLKER: 15 Substitution ordered. Bill is before the 16 house. Last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VOLKER: Senator 20 Leichter, why do you rise? 21 SENATOR LEICHTER: I don't know, 22 is this something - 23 SENATOR GOLD: Last section. 4487 1 ACTING PRESIDENT VOLKER: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VOLKER: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 52. 9 ACTING PRESIDENT VOLKER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 685, by Senator Lack, Senate Bill Number 4044, 13 Public Authorities Law. 14 SENATOR GOLD: Lay aside, please. 15 SENATOR PRESENT: For the day. 16 ACTING PRESIDENT VOLKER: The 17 bill is laid aside. 18 SENATOR PRESENT: One day. 19 ACTING PRESIDENT VOLKER: For one 20 day. 21 THE SECRETARY: Calendar Number 22 795, by Senator Pataki, Senate Bill Number 2875, 23 Environmental Conservation Law, in relation to 4488 1 notification by the Commissioner. 2 SENATOR GOLD: Hold on a minute. 3 ACTING PRESIDENT VOLKER: Yeah, 4 Senator Gold. 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT VOLKER: Senator 7 Gold. 8 SENATOR GOLD: Yeah. There is a 9 memorandum, actually it's a note, from the 10 Department of Environmental Conservation on this 11 which says they are strongly opposed to this 12 bill. Unfortunately, I think it was lunch hour 13 and they didn't have a chance to put a memo in 14 on it, so I have no idea why they're opposed. 15 ACTING PRESIDENT VOLKER: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VOLKER: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 52. 23 ACTING PRESIDENT VOLKER: The 4489 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 887, by Senator Farley, Senate Bill Number 4951, 4 an act to amend the Banking Law. 5 ACTING PRESIDENT VOLKER: Read 6 the last section. 7 SENATOR GOLD: Yeah, Senator 8 Solomon wanted to ask some questions. Could I 9 get one day on this, Senator Farley? 10 SENATOR PRESENT: Lay aside for 11 one day. 12 ACTING PRESIDENT VOLKER: Laid 13 aside for one day. 14 THE SECRETARY: Calendar Number 15 908, by Senator Velella, Senate Bill Number 16 5299, Education Law, in relation to establishing 17 the John D. Calandra Italian-American 18 Institute. 19 SENATOR PRESENT: Lay it aside 20 temporarily. 21 ACTING PRESIDENT VOLKER: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 4490 1 945, by Senator Maltese, Senate Bill Number 2 4474-A, Retirement and Social Security Law. 3 ACTING PRESIDENT VOLKER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VOLKER: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 52. 11 ACTING PRESIDENT VOLKER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 957, by Senator Levy, Senate Bill Number 5552-B, 15 Election Law. 16 ACTING PRESIDENT VOLKER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall - 20 SENATOR CONNOR: Explanation. 21 SENATOR PRESENT: Lay aside. 22 ACTING PRESIDENT VOLKER: 23 Explanation requested by Senator Connor. Bill 4491 1 is laid aside. 2 THE SECRETARY: Calendar Number 3 961, by Senator Levy, Senate Bill Number 999-A, 4 General Obligations Law. 5 ACTING PRESIDENT VOLKER: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 SENATOR PRESENT: Lay it aside 10 one day. 11 ACTING PRESIDENT VOLKER: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 962, by Senator Daly, Senate Bill - 15 SENATOR GOLD: Explanation. 16 ACTING PRESIDENT VOLKER: 17 Explanation requested, Senator Gold by -- of 18 Senator Daly. 19 Senator Daly. 20 SENATOR DALY: Yes, Mr. 21 President. This bill requires the Department of 22 Environmental Conservation to include additional 23 financial information in its quarterly report 4492 1 and its remedial plan update. 2 Specifically, DEC would be 3 required to list in the quarterly report some 4 site-specific expenditures and an estimate of 5 the cost to remediate each classified site. 6 Basically the purpose of this bill is to have 7 available information on how much money we're 8 using from the Superfund bond issue of $1.1 9 billion. 10 We've been told by the Department 11 of Environmental Conservation that it "looks 12 like", quote/unquote, that we will have expended 13 all the monies from the Superfund by the year 14 1996 and will not have remediated all the 15 necessary -- all the sites that require 16 remediation. 17 This is a simple request, Mr. 18 President, because the information is there. 19 Actually, most of the information will come from 20 the contractors who are actually doing the work, 21 those who are remediating the site, and we're 22 asking for estimates. I believe that, if we are 23 to look ahead and properly plan what we have to 4493 1 do financially to meet our obligations in 2 cleaning up the hazardous wastes in this state, 3 then DEC should make available this type of 4 information. 5 It's very easy to obtain. DEC 6 says we're putting an additional mandate on 7 them. Very frankly, this information is 8 available, and DEC can easily compile and 9 provide this information in both its quarterly 10 report and in the annual report. 11 SENATOR GOLD: Mr. President. 12 ACTING PRESIDENT VOLKER: Senator 13 Gold. 14 SENATOR GOLD: Yeah, Mr. 15 President. 16 There is a memorandum by the 17 Department on this bill which they strongly 18 oppose, and last year Senator Connor, myself, 19 and Senators Leichter, Ohrenstein, Smith and 20 Waldon voted in the negative. 21 But what I think is interesting 22 is that we get requests all the time from local 23 governments not to give them unfunded mandates 4494 1 and in times when we are trying to cut back and 2 be economical in government, we, on the other 3 hand, take state departments and try to have 4 them duplicate functions; and the memorandum 5 clearly indicates that the material that is 6 being sought is information which is already 7 available for public and legislative review and 8 they believe that this bill is counterproductive 9 as it will require a shift in existing resources 10 to address the new reporting requirement 11 contained in the bill. 12 As I indicated, certain of us 13 voted with the Department last year. They have 14 a memorandum, and I would urge people to support 15 their request. 16 ACTING PRESIDENT VOLKER: Senator 17 Daly. 18 SENATOR DALY: Just one small 19 comment. What precipitated this bill was the 20 Commissioner, as chairman of the Joint 21 Legislation Commission on Toxic Wastes, just try 22 to obtain information from DEC. Try it some 23 time, and it takes forever and a day to get the 4495 1 information and, even though the information is 2 easily accessible if they wanted to go after 3 it. 4 Very frankly, I believe this is a 5 legitimate request on the part of the -- I 6 should say this legislation is a legitimate 7 request that will make our planning easier. 8 Without knowing how much money we're spending, 9 how do we know when we're going to have to go 10 out and raise more money. 11 ACTING PRESIDENT VOLKER: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VOLKER: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 962 are Senators 20 Connor, Espada, Galiber, Gold, Leichter, 21 Markowitz, Mendez, Ohrenstein, Paterson and 22 Smith. Ayes 43, nays 10. 23 ACTING PRESIDENT VOLKER: The 4496 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 963, by Senator Daly, Senate Bill Number 1094, 4 Environmental Conservation Law. 5 SENATOR GOLD: Yeah, Mr. 6 President. 7 ACTING PRESIDENT VOLKER: Senator 8 Gold. 9 SENATOR GOLD: I'd like to point 10 out that the Department has a memorandum in 11 opposition, but there is a memorandum in support 12 by the Environmental Planning Lobby which all of 13 us seemed to follow last year when it passed 14 unanimously. 15 ACTING PRESIDENT VOLKER: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VOLKER: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 53. 23 ACTING PRESIDENT VOLKER: The 4497 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 967, by Senator Maltese, Senate Bill Number 4 4508, an act to amend the Correction Law. 5 ACTING PRESIDENT VOLKER: Read 6 the last section. 7 SENATOR LEICHTER: Explanation. 8 ACTING PRESIDENT VOLKER: Senator 9 Leichter requests an explanation. 10 Senator Maltese. 11 SENATOR MALTESE: Mr. President, 12 this bill is at the request of the Commissioner 13 of Correction, and it provides for the inclusion 14 of a former correction officer to the Citizens 15 Policy and Complaint Review Council. 16 Now, you may ask what is the 17 Citizens' Policy and Complaint Review Council, 18 so if you do, I will advise you that it is a 19 council that advises and assists the commission 20 in developing policies, plans and programs for 21 improving the commission's performance of its 22 duties. 23 In addition, more importantly, it 4498 1 investigates and reviews complaints and 2 grievances regarding any local correctional 3 facility; that includes local county jails, 4 police lock-ups, penitentiaries, city jails, 5 police stations, town or village jail or lock 6 ups and includes hospital prison wards. 7 This commission serves without 8 pay. They are appointed by the Governor with 9 the consent of the Senate. They can receive 10 $100 a day for attendance at actual meetings 11 with a cap of $5,000 and they are reimbursed for 12 actual expenses. More of our commissions and 13 councils should be in like position. 14 In addition, this council, the 15 make-up of council is very clearly spelled out 16 in the law, and that is the reason for this 17 legislation. It indicates that those members, 18 one shall be a former inmate, another shall be a 19 New York attorney, another shall be one who has 20 served in the armed forces in Vietnam, or a 21 licensed mental health professional with 22 experience or training regarding post-traumatic 23 stress syndrome, and four others not 4499 1 designated. 2 In this unlikely group, Mr. 3 President, we wish to include a correction 4 officer since this group would evaluate, in many 5 cases, the performance of correction officers 6 within those local lock-ups, and it would seem 7 fair that at least one out of the seven should 8 be familiar with the duties, obligations and 9 responsibilities of a correction officer. 10 SENATOR LEICHTER: Mr. President. 11 ACTING PRESIDENT VOLKER: Senator 12 Leichter. 13 SENATOR LEICHTER: I thank my 14 good friend, Senator Maltese, for the 15 explanation. I think it was helpful for the 16 body because I think probably very few, if 17 anybody, knew what the council was, what it 18 does, and the fact is that the state Commission 19 on Correction has really become moribund. It's 20 invisible. I don't believe it does the job that 21 it was asked to do, that it needs to do, the job 22 that we thought it would do when it was first 23 established shortly after Attica. 4500 1 I think it's a real problem that 2 there's been such a decline in its functions. 3 There certainly is a need to go into these penal 4 institutions and to have an independent body 5 that can respond to complaints, that can take a 6 look at what conditions are, not that they're 7 great abuses being committed by the 8 administration or by the officers, but it's a 9 safety valve, and there are instances where a 10 thorough investigation is needed and 11 particularly at times in some of the local 12 jails. 13 So while I have no problem at all 14 with this bill, I think it is pertinent to note 15 and to express on this floor at least my 16 disappointment on how inactive the commission 17 has become and what I think is really a very 18 poor job and poor service to the people of New 19 York. 20 ACTING PRESIDENT VOLKER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4501 1 ACTING PRESIDENT VOLKER: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT VOLKER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 968, by Senator Daly, Senate Bill Number 4794-A, 9 an act to amend the Education Law. 10 ACTING PRESIDENT VOLKER: Read 11 the last section. 12 SENATOR LEICHTER: Explanation, 13 please. 14 ACTING PRESIDENT VOLKER: Senator 15 Leichter requests an explanation. 16 Senator Daly. 17 SENATOR DALY: Yes, Mr. 18 President. This bill would give the school 19 districts more flexibility in the instruction of 20 humane treatment of animals and birds by 21 removing the mandate of weekly instruction. 22 Now, mainly the present language 23 in law certainly goes much too far. I'll read 4502 1 some of the language we're deleting. Such 2 weekly instruction, weekly, may be divided into 3 two or more periods. What we're saying is 4 instead of mandating that this particular 5 instruction be given on a weekly basis, we allow 6 the school districts - 7 SENATOR GOLD: Last section. 8 ACTING PRESIDENT VOLKER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VOLKER: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 54. 16 ACTING PRESIDENT VOLKER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 975, by Senator Present, Senate Bill Number 20 5731, an act to amend the General Municipal Law. 21 ACTING PRESIDENT VOLKER: Home 22 rule message at the desk. Read the last 23 section. 4503 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VOLKER: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 54. 7 ACTING PRESIDENT VOLKER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 976, by Senator Mega, Senate Bill Number 5732, 11 an act to amend the Judiciary Law and the New 12 York City Civil Court Act. 13 ACTING PRESIDENT VOLKER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VOLKER: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 976 are Senators 22 Daly, Dollinger, Jones, LaValle, Libous, 23 Padavan, Pataki, Seward and Stachowski and 4504 1 Wright. Ayes 44, nays 10. 2 ACTING PRESIDENT VOLKER: The 3 bill is passed. 4 I believe Senator Trunzo has a 5 motion, Senator Present. 6 SENATOR PRESENT: Recognize 7 Senator Trunzo. 8 ACTING PRESIDENT VOLKER: Senator 9 Trunzo. 10 SENATOR TRUNZO: I wish to call 11 up my bill, Print Number 2964, recalled from the 12 Assembly, which is now at the desk. 13 ACTING PRESIDENT VOLKER: 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Trunzo, Senate Bill Number 2964, Retirement and 17 Social Security Law, in relation to salary 18 reductions. 19 SENATOR TRUNZO: I now move to 20 reconsider the vote by which this bill was 21 passed. 22 ACTING PRESIDENT VOLKER: Call 23 the roll on reconsideration. 4505 1 (The Secretary called the roll on 2 reconsideration. ) 3 THE SECRETARY: Ayes 54. 4 ACTING PRESIDENT VOLKER: Bill is 5 before the house. 6 SENATOR TRUNZO: I now offer the 7 following amendments. 8 ACTING PRESIDENT VOLKER: 9 Amendments received and adopted. 10 Senator Present. 11 SENATOR PRESENT: Recognize 12 Senator Kuhl, please. 13 SENATOR KUHL: Yes, Mr. 14 President. 15 On behalf of Senator Levy would 16 you please place a sponsor's star on Calendar 17 961, Senate Bill 999-A. 18 ACTING PRESIDENT VOLKER: Without 19 objection, star on 999-A. 20 Senator Present. 21 SENATOR PRESENT: Would you call 22 up Calendar 908. 23 THE SECRETARY: Calendar 908, 4506 1 Senate Print 5299, by Senator Velella, an act to 2 amend the Education Law, in relation to 3 establishing the John D. Calandra Italian 4 American Institute. 5 SENATOR LEICHTER: Explanation. 6 ACTING PRESIDENT VOLKER: 7 Explanation requested by Senator Leichter. 8 Senator Velella. 9 SENATOR VELELLA: Mr. President, 10 this bill is a reorganization of the John 11 Calandra Institute, which is presently operating 12 within City University. 13 It establishes it at the graduate 14 school, where it rightfully belongs, in my opin 15 ion and the opinion of many of the legislators 16 from both houses. It defines clearly the 17 intention of the Institute. It provides for the 18 establishment of research training, counseling, 19 offering of courses and establishment of a 20 library for Italian-American studies. It 21 establishes a chair for Italian-American studies 22 within the University and under the auspices of 23 the Institute; and basically that's what the 4507 1 bill does, Senator. 2 SENATOR LEICHTER: Mr. President. 3 ACTING PRESIDENT VOLKER: Senator 4 Leichter. 5 SENATOR LEICHTER: Yeah. Would 6 Senator Velella yield for a series of 7 questions? 8 SENATOR VELELLA: I'll yield to 9 them one at a time, Senator. 10 ACTING PRESIDENT VOLKER: Senator 11 Velella yields, one at a time. 12 SENATOR LEICHTER: Senator, I 13 appreciated the explanation, and at least you 14 didn't refer to it as a technical amendment 15 because, as I read it, this seems to make some 16 very substantial changes in the Calandra 17 Institute. And let me say any institute that 18 bears the name of John Calandra is certainly one 19 that we have a great deal of respect for because 20 we cherish the memory of John Calandra, who was 21 a very valuable member of this body for many 22 years. 23 But putting the name aside, I 4508 1 want to look at the Institute as it's changed by 2 your bill, and what I want to ask you is, does 3 the Institute presently have the power to grant 4 degrees? 5 SENATOR VELELLA: No, sir. 6 SENATOR LEICHTER: Under your 7 bill, would it have the power to grant degrees? 8 SENATOR VELELLA: Not my 9 understanding that it grants degrees, Senator. 10 SENATOR LEICHTER: Well - 11 SENATOR VELELLA: If you point to 12 the language that you're talking about, Senator, 13 maybe we can walk through it together so you'll 14 understand it. 15 SENATOR LEICHTER: Well, if you 16 look at page 2 under section 6292, lines 9 and 17 10, you say that "the Institute is hereby 18 empowered to conduct both credit and non-credit 19 classes." 20 SENATOR VELELLA: Senator, that's 21 conducting classes, not granting degrees. 22 SENATOR LEICHTER: Well, does the 23 Institute at the present time have the power to 4509 1 grant classes that the Institute itself deter 2 mines are classes with - 3 SENATOR VELELLA: No, Senator, 4 but this would, of course, Senator, be subject 5 to the academic certifications of City 6 University and its board of trustees, as all 7 courses that are offered in the University would 8 be. 9 SENATOR LEICHTER: But, Senator, 10 isn't it a fact that, if you give -- if you give 11 classes for credit, the credit is towards 12 degrees, is it not? 13 SENATOR VELELLA: Correct, but to 14 give the credit, you still need the approval of 15 the board of trustees. 16 SENATOR LEICHTER: Senator. 17 SENATOR VELELLA: Other 18 institutes for other ethnic groups give such 19 courses and, as an example, Afro-American 20 studies and Hispanic studies, I believe there is 21 a Jewish, I don't know the exact title of the 22 institute that gives similar courses. 23 The uniqueness of this, Senator, 4510 1 is probably what's confusing you a little bit is 2 that this particular institute, the John 3 Calandra Institute for Italian-American studies 4 is totally funded by the members of this 5 Legislature as an item outside of City 6 University. That's revenue that goes to the 7 University in addition to their normal aid that 8 they would get. Other institutes such as the 9 ones that I have mentioned are funded through 10 the City University's budget in and of itself. 11 There was a reluctance on the 12 part of City University to establish such an 13 Italian-American study institute and that's when 14 my predecessor, John Calandra, established the 15 Institute and provided funding with the 16 assistance of Senator Marchi and many of the 17 Senators on both sides of the aisle and 18 Assemblymen on both sides of the aisle over in 19 the other house, to provide a revenue stream for 20 an independent group that the University was not 21 able, was not willing, to set up. So that's why 22 there's a little bit of a difference. However, 23 the powers would basically coincide with those 4511 1 that are given to other institutes. 2 SENATOR LEICHTER: Senator 3 Velella, if you'd be kind enough to continue to 4 yield. 5 There is a dispute, is there not, 6 between the Institute and the administration at 7 the City University? 8 SENATOR VELELLA: Well, there's 9 currently litigation pending where a temporary 10 restraining order and injunction has been issued 11 against City University for discriminating 12 against Italian-Americans within the University, 13 and Judge Motley had rendered that decision. I 14 believe the City University is appealing that at 15 this point. They have not been very success 16 ful in other cases of this nature, as you know, 17 and I think that we have to address very -- in 18 the very near future some of the actions by City 19 University in dealing with the rights of 20 professors. Whether or not we agree with what 21 they're saying, their right to say it is 22 something that we have to preserve. 23 SENATOR LEICHTER: Senator, I 4512 1 assume you're talking about Dr. Jeffries and 2 expressing your views on that, and I understand 3 that. But, Senator, getting back to the 4 question of the Institute, one of the disputes 5 relating to the Institute was that Chancellor 6 Reynolds wanted to move the Institute, as I 7 understand it, to the College of Staten Island, 8 is that correct? 9 SENATOR VELELLA: That was part 10 of her proposal and part of Judge Motley's order 11 indicated that her actions in moving that were 12 actually, in and of itself, discriminatory and 13 were really retribution against those who had 14 been working within the Institute. That's not 15 my words. Those are the words of Judge Motley. 16 SENATOR LEICHTER: And, Senator, 17 is - 18 SENATOR VELELLA: She restrained 19 -- she restrained the chancellor from making 20 that change because it was discriminating 21 against Italian-Americans. We're codifying that 22 now. 23 SENATOR LEICHTER: And, Senator, 4513 1 one of your purposes is to have the Institute 2 remain where it is which is, if not directly 3 associated with, at least in proximity of the 4 Graduate Center in the middle of Manhattan, is 5 that right? 6 SENATOR VELELLA: Yes, Senator. 7 You want to know the reasons or you just want to 8 know the fact? 9 SENATOR LEICHTER: No, I just 10 want to know the fact. 11 SENATOR VELELLA: Yes, Senator. 12 SENATOR LEICHTER: And I have no 13 problem with that. What I want to get back to 14 again, Senator, is why you felt it necessary to 15 completely change the character of the Calandra 16 Institute and make it almost an independent 17 institution with - 18 SENATOR VELELLA: Senator, I 19 don't agree - 20 SENATOR LEICHTER: Let me just 21 finish the question, please. -- and make it 22 almost an independent institution within the 23 City University. 4514 1 SENATOR VELELLA: Senator, I 2 don't agree with the major premise that you just 3 stated that we're changing completely the 4 character. We're making some alterations to 5 address the discrimination that's been practiced 6 in City University against Italian-Americans and 7 this basically follows the lines of Judge 8 Motley's decision which said that, by changing 9 the Institute from Manhattan to the outer 10 borough of Staten Island, in fact, that was 11 discriminatory, and there were several other 12 instances in there where we made some changes to 13 address the decision of Judge Motley to 14 eliminate discrimination. 15 We are somewhat independent in 16 the fact that the money comes from this 17 Legislature, 61 Senators, 150 Assemblymen. In 18 cases of other institutes or other ethnic groups 19 that have specialized departments, the money 20 comes from the City University budget and is 21 directly under the supervision of the chancel 22 lor. 23 This was placed under the 4515 1 chancellor's supervision several years ago as an 2 administrative function, but to be appropriated 3 in the manner in which the Legislature 4 intended. We are now taking it back out again 5 so that we can have the Institute function the 6 way the Legislature had intended for it to be 7 and that is basically expressed in the 8 legislative intent and findings in the earlier 9 part of the bill. 10 ACTING PRESIDENT VOLKER: Senator 11 Velella, do you continue to yield to Senator 12 Leichter? 13 SENATOR VELELLA: Yes, I do. 14 SENATOR LEICHTER: Thank you. 15 Senator Velella, I don't accept your 16 characterization of what Judge Motley's decision 17 found. On the other hand, I'm not -- I'm not 18 disputing it. I don't have that decision in 19 front of me, and all I know about it is what 20 I've read in the newspapers. I'd be surprised 21 if the basis of Judge Motley's decision was that 22 moving the Institute to Staten Island 23 constituted discrimination. 4516 1 SENATOR VELELLA: Senator, then 2 -- Senator, then be surprised. If you would be 3 surprised that that was one of the bases of the 4 decision, then be surprised. 5 SENATOR LEICHTER: Yes, but 6 accepting that, Senator, that that was the basis 7 of her decision, it would seem to me that you 8 would cure that problem if discrimination, in 9 fact, exists by saying the Institute ought to 10 remain where it is. 11 What I do not understand, and 12 your answers, even though you've used the word 13 "discrimination" quite a few times, fail to 14 address, what bothers me is the change you're 15 making in the character of the Institute by 16 giving it the power to give courses for credit 17 and whether those have to be approved by the 18 City University or not is not clear to me that 19 you say it does. It's not clear to me that 20 that's so, but even if it is, it's certainly a 21 total change of what the Institute presently 22 does, and I'm not aware that any of that was in 23 any respect mandated, required or even suggested 4517 1 by the lawsuit which Judge Motley is presiding 2 over. 3 SENATOR VELELLA: Is there a 4 question, Senator, or is that a statement? 5 SENATOR LEICHTER: The question 6 is, why the change in the character of the 7 institute as radically as you're changing it? 8 SENATOR VELELLA: Well, Senator, 9 we're not radically changing it. What we're 10 doing is expanding a little bit to offer 11 courses. 12 Now, let me help -- help you 13 through the process of the higher education 14 system. A degree is granted by the board of 15 trustees of City University upon the completion 16 of a course of academic study. That course of 17 academic study is approved by the board of 18 trustees. So any course given by the Institute 19 to qualify for a degree would have to be 20 approved by the board of trustees like it is for 21 various other groups, whether it be Hispanic 22 American studies, Afro-American studies, 23 Judeo-American studies, all of those groups that 4518 1 have those various programs, their degrees are 2 granted subject to the power of the board of 3 trustees to recognize those particular courses 4 that are generated through various ethnic or 5 religious institutes that are established. 6 All we're saying is, because of 7 the pattern of discrimination which Judge 8 Motley's decision clearly shows that we are now 9 trying to establish something for an Italian 10 American institute with the Legislature's money, 11 not with the City University's money, to have a 12 program similar to other -- other courses 13 offered at the University. 14 I would be surprised if the board 15 of trustees didn't approve courses that were 16 academically qualified as they do for other 17 groups, but certainly if they felt that a course 18 was -- was not academically qualified, I would 19 assume that the board of trustees would turn it 20 down, and a degree would not be granted to 21 anyone who tried to seek credit for a course 22 that wasn't approved. 23 SENATOR LEICHTER: All right. If 4519 1 you'd yield for just one or two more questions. 2 ACTING PRESIDENT VOLKER: Will 3 you continue to yield, Senator Velella? 4 SENATOR VELELLA: He said for one 5 more. 6 SENATOR LEICHTER: You now set up 7 an advisory committee. Did there exist an 8 advisory committee of this sort of composition 9 in the Institute? Is there currently such an 10 advisory committee? 11 SENATOR VELELLA: Well, no, 12 there's an advisory committee, but it's 13 differently constituted. We tried to 14 incorporate representatives of the Legislature, 15 the Italian-American study body, the Italian 16 American faculty, and tried to bring into the 17 entire Italian-American community to oversee 18 what was being done in this Institute. It was 19 an outreach process to expand the board and 20 bring it closer to the Italian-American 21 community. 22 SENATOR LEICHTER: Senator 23 Velella, could you tell me one other educational 4520 1 institution or institute where a group of 2 legislators are given the power to make 3 appointments to an advisory board to - 4 SENATOR VELELLA: Senator, I can 5 also not tell you any other group that has 6 received funds directly from the Legislature for 7 this purpose, so we are dealing with a unique 8 situation. If the chancellor were willing to 9 set aside money from the City University budget 10 to establish an Italian-American Institute, I 11 would be more than happy to have here a greater 12 input into what's being done. 13 However, she has taken money from 14 the Legislature and decided to spend it her 15 way. I don't think we ought to do that. If 16 we're making a legislative appropriation, we 17 ought to have some say in the way it's spent and 18 not the chancellor. I'll be happy to turn over 19 the Institute to her if she wants to fund it 20 from City University's general revenues. 21 SENATOR LEICHTER: Thank you very 22 much, Senator Velella. 23 ACTING PRESIDENT VOLKER: Senator 4521 1 Leichter, on the bill. 2 SENATOR LEICHTER: Yeah. 3 My colleagues, I think this is an 4 unwise bill in a number of respects. First of 5 all, the Legislature is getting involved in a 6 dispute which is now in court between the 7 Institute and the City University of New York 8 and, while I do not defend the acts that the 9 City University has been -- has taken in regard 10 to the Institute, I think there's some serious 11 questions about the wisdom of moving the 12 Institute to Staten Island, although it's a 13 wonderful part of New York City and will remain 14 a wonderful part of New York City. But I can 15 understand that the Institute was in Manhattan, 16 the heart of New York City, and that you want it 17 to stay there. 18 But, Senator, we are getting 19 involved in this battle and while there have 20 been some rulings here on the part of Judge 21 Motley, my understanding is that the matter has 22 been referred back for -- to her. There are 23 discussions going on to settle this dispute, and 4522 1 I think it's heavy handed and unwise of the 2 Legislature to become involved. 3 I yield to my good friend, 4 Senator Gold. 5 ACTING PRESIDENT VOLKER: Senator 6 Gold. 7 SENATOR GOLD: I just - 8 ACTING PRESIDENT VOLKER: On the 9 bill. 10 SENATOR GOLD: -- wanted Senator 11 Leichter to know for future reference that the 12 heart of New York City happens to be probably 13 Flushing Meadow Park in the county of Queens; 14 it's not in Manhattan. Didn't you know that? 15 SENATOR LEICHTER: All right. 16 O.K. Well, if you want to move the Calandra 17 Institute to Flushing Meadow Park and Senator 18 Velella agrees, I will consider it, but only 19 reluctantly. 20 But in all seriousness, when 21 Senator Velella says, you know, this is the 22 Legislature's money, this is not the money of 23 the City University of New York, I think that's 4523 1 inaccurate. Maybe -- maybe superficially 2 correct, but essentially it's inaccurate. Money 3 goes to the City University of New York. It 4 goes in many different forms, and some of it 5 could be directly appropriated to the Calandra 6 Institute, but the effect of this is going to be 7 that the Calandra Institute is going to require 8 a great deal more money, because they're now 9 going to give credit courses. They have 10 additional functions. 11 You have got the advisory 12 council. This is an enlargement of the 13 functions and powers of that Institute, which is 14 going to require more money and that money, 15 Senator, is inevitably going to come out of the 16 overall amounts that are available for higher 17 public education in the city of New York. 18 So to say as if there is this 19 unending stream of money, and we can turn the 20 spigot up as much as we want to here in the 21 Legislature for the Institute, is obviously 22 incorrect. If you want to make this a separate 23 and independent educational institution and have 4524 1 it go through the process of being accredited by 2 the Regents and so on, maybe that's something 3 that we ought to do, but what you're doing is 4 keeping us in part under the City University but 5 then not making it subject to the ordinary rules 6 of governance that apply to institutes and 7 schools within the City University. 8 Moreover, I'm not -- I'm not sure 9 and I, in fact, I believe it is the case that 10 there is no other ethnic or racial institute of 11 this sort within the City University and we can 12 debate about the wisdom of having these various 13 institutes and maybe there is a function for it. 14 Obviously at this particular time in our 15 society, different ethnic and racial groups all 16 feel it's important to have their own institute 17 and, in some instances, that is definitely 18 needed to make up for neglect that has happened 19 in the past, but I don't know whether we want to 20 establish an overall precedent that every racial 21 group, every ethnic group, every religious group 22 is going to have its own semi-independent, 23 almost wholly independent institute within the 4525 1 City University. 2 When we did the Calandra 3 Institute, it made a lot of sense. It was 4 essentially a counseling organization. I was 5 very happy and proud to support it and there 6 seemed to be good reason for it. This now goes 7 far beyond it, and I predict that in the coming 8 years - 9 SENATOR VELELLA: Would Senator 10 Leichter yield for a question? 11 SENATOR LEICHTER: Yes. 12 ACTING PRESIDENT VOLKER: Senator 13 Leichter, will you yield to Senator Velella? 14 SENATOR VELELLA: I'm trying to 15 follow your trend of thought. Are you saying 16 that it is not necessary for Italian-Americans 17 to have an institute for their own purposes? 18 You said that -- as I understood it, you said 19 that some groups should have them, some 20 shouldn't possibly. Where do you put the 21 Italian-Americans, Senator? 22 SENATOR VELELLA: Senator, my own 23 preference is that no group, no group would have 4526 1 a semi-autonomous institute of that sort which 2 is based on ethnic considerations or racial 3 considerations or religious considerations 4 within the City University. 5 SENATOR VELELLA: Will you yield? 6 ACTING PRESIDENT VOLKER: Senator 7 Leichter yields. 8 SENATOR VELELLA: You feel then 9 that they should not have a separate institute 10 for African-American studies or Hispanic 11 American studies or Judeo-American studies? 12 SENATOR LEICHTER: Senator, I'm 13 not aware that there are separate institutes for 14 the different groups that you have - 15 SENATOR VELELLA: There are, 16 Senator. Take my word for it, there are. 17 SENATOR LEICHTER: Let me finish. 18 ACTING PRESIDENT VOLKER: Senator 19 Leichter. 20 SENATOR LEICHTER: Let me 21 finish. I don't believe that we presently have 22 such institutes within the City University of 23 New York with the powers that you are giving 4527 1 this Institute. If there -- if there are, 2 please correct me, and I will then say whether I 3 think it should exist or not, but I don't 4 believe presently any other group has the powers 5 that you're giving the Calandra Institute. Can 6 you name one? 7 SENATOR VELELLA: Senator, it's 8 my understanding that all of the other ethnic or 9 racial background organizations and institutes 10 within the City University have similar powers 11 and are subject, of course, as I said to you 12 before, to the board of trustees. They 13 prescribe courses, courses of studies and, 14 again, the board of trustees is the ultimate 15 arbitrator as to whether or not a degree should 16 be granted. This does not give degree-granting 17 powers. 18 SENATOR LEICHTER: Senator, I 19 stand by my statement and hearing some of my 20 colleagues who are very knowledgeable and 21 hearing some of the things that they're saying, 22 they seem to confirm my understanding that while 23 there are studies -- there are studies in 4528 1 Judaism, there are studies in African culture 2 and history, and so on, but none of these are 3 separate institutes. They're part of a 4 curriculum. 5 That's not the case here. You 6 have a separate institute. This is almost a 7 separate institution within the City University 8 of New York, and you do not have that for other 9 racial, religious or ethnic groups. 10 ACTING PRESIDENT VOLKER: Senator 11 Waldon. 12 SENATOR VELELLA: Senator yield 13 for a question? 14 ACTING PRESIDENT VOLKER: 15 Senator, will you yield? 16 SENATOR VELELLA: Are you aware 17 of the fact, Senator, that as I stated before, 18 that for the longest period of time Italian 19 American legislators have tried to have similar 20 such institutes established within City 21 University but have met with opposition and that 22 the only way we could do it was to create it 23 with a legislative grant? We could not get the 4529 1 administration to recognize Italian-Americans as 2 a group to be treated in the same fashion as 3 other groups were, and that is why we had to 4 have a legislative grant and a quasi-autonomous 5 institute because we couldn't get money from 6 City University's budget. We have provided 7 monies above and beyond City University's 8 budget. 9 SENATOR LEICHTER: Mr. - 10 SENATOR VELELLA: Are you aware 11 of that? 12 SENATOR LEICHTER: Senator, I'm 13 not aware of the - 14 SENATOR ONORATO: Mr. President. 15 SENATOR LEICHTER: I'm not aware 16 of the facts as you describe them because I 17 don't believe that to be the case at all. I 18 think, if you are saying that if you wanted a 19 study of curriculum, a particular curriculum 20 that dealt with the Italian-American experience, 21 that dealt with the background of Italy, that is 22 one thing, and that you certainly should have - 23 I'm not aware it doesn't exist, but if it 4530 1 doesn't exist, that ought to exist -- and that 2 is what we have now for other ethnic groups and 3 that properly is something that a university in 4 a -- in a multi-cultural city like New York 5 ought to have. 6 But that's not what you're 7 doing. You're going far beyond that, and don't 8 say that you're doing for Italian-Americans what 9 every other group has, because that's not the 10 case. But I predict that, if this Institute is 11 established, why shouldn't there be an institute 12 for the Irish-Americans and for the Jewish 13 Americans and for the African-Americans, and so 14 on? 15 You're going to, in a sense, 16 balkanize the City University, more so maybe 17 than it is now, and I appreciate your concern 18 and interest in the Italian background. I think 19 it's a very significant and important one, 20 equally important as any other, but I don't 21 think it ought to be singled out and put into an 22 institute that is totally greater in its power 23 than that which exists for other groups, and I'm 4531 1 not sure that you're doing any benefit for the 2 Italian-Americans in teaching the Italian 3 American experience. 4 First of all, my understanding is 5 the way you've written it, it's a one-house 6 bill. You know, it may look good, but that it's 7 not going to go anywhere, and that's 8 unfortunate, because maybe the Legislature 9 should try to do something, although I want to 10 say again that I'm hoping that this could be 11 settled in an amicable manner. 12 I understand that the City 13 University has brought in a very wise and 14 experienced former federal judge to try to help 15 resolve some of the disputes which exist but, if 16 that cannot be done, then maybe the Legislature 17 has to take some action. But I think this 18 action is really excessive, and I think it's a 19 problem for the City University, for the govern 20 ance of the City University, and I think it's 21 unwise really for us to set up an Institute in 22 this fashion and giving it the academic powers 23 that we're giving to the Calandra Institute. 4532 1 Wonderful as the name is, 2 Senator, the purpose of the Institute as you've 3 set it forth is -- is, I think, in error. 4 ACTING PRESIDENT VOLKER: Senator 5 Waldon. 6 My colleagues, there are three - 7 three people after this on the list: Senator 8 Padavan, Senator Galiber and Senator Onorato. 9 Senator Waldon. 10 SENATOR WALDON: Thank you, Mr. 11 President. 12 I rise for two purposes, one to 13 respectfully request unanimous consent to be 14 recorded in the negative on Calendar Number 962, 15 and then to speak on the bill. 16 ACTING PRESIDENT VOLKER: Without 17 objection, negative on 962. 18 SENATOR WALDON: I rise -- thank 19 you, Mr. President. I rise to support the 20 position of Senator Velella, but for different 21 reasons than have been spoken here this 22 afternoon. 23 It is my belief that the 4533 1 chancellor of the City University is merely 2 chancellor. She has no right to undermine the 3 prerogatives of this legislative body. When 4 this body has taken a stand and created a 5 vehicle to accomplish a goal, it is not her 6 right nor her privilege, nor is she authorized, 7 in my opinion, to subvert the will of this 8 legislative body. 9 Now, this is a very interesting 10 person, the chancellor of the City University of 11 New York, very interesting and complex, but no 12 more interesting and complex than all of the 13 people who sit in this chamber. So I would 14 support what Senator Velella is trying to do, 15 not only because of the righteousness of the 16 cause of establishing or continuing the Calandra 17 Institute, but to show those who are in 18 administrative positions that they can not 19 subvert the will of this legislative body. 20 Thank you, Mr. President. 21 ACTING PRESIDENT VOLKER: Senator 22 Padavan. 23 SENATOR PADAVAN: Thank you, Mr. 4534 1 President. 2 I would like to share with 3 Senator Leichter and others in this chamber who 4 do not have the benefit of the historical 5 perspective that this bill reflects. 6 I had the opportunity and the 7 good fortune to attend the very first meeting 8 that was held with the chancellor of the City 9 University, then Chancellor Kibbe. The meeting 10 had been arranged by Senator Calandra. It was 11 attended by a number of us in both houses, both 12 sides of the aisle. 13 The purpose of the meeting was to 14 identify a major problem that existed, in our 15 minds, within the City University, namely at 16 that point in time in the mid-'70s there was no 17 chair in any one of the colleges within the 18 University that dealt with the issue of Italian 19 American studies. It did not exist. One could 20 not go to Queens College or City College or any 21 one of the universities and find a chair where 22 students throughout the City could go and major 23 in Italian-American studies. It did exist for 4535 1 other groups. 2 Now, the discussion centered 3 about how to achieve that objective. From an 4 economic and, I guess, a logistical point of 5 view, it was impossible to establish chairs 6 throughout the University in all of the colleges 7 within City University, and so from that 8 dialogue, fully supported by Chancellor Kibbe 9 and the board of trustees, came the Institute, 10 the John D. Calandra Institute, which provides 11 an opportunity for students in all of the 12 colleges within the City University to obtain 13 credits and take courses leading to this area of 14 concentration. 15 That made it unique then, and it 16 makes it unique now. The funding, however, was 17 a problem. How do we create the mechanism to 18 provide the dollars to support the Institute 19 which, as you know, is located in Manhattan, and 20 the outreach that it is to provide within the 21 City University without impinging and without 22 doing any harm to the City University's budget? 23 And the vehicle there, as Senator Velella 4536 1 properly outlined, was through the Legislature, 2 both houses, bipartisan basis, to develop 3 funding and the funding stream to support the 4 Institute. So that's the history, Senator. 5 Yes, it is unique. It is not 6 unique because today we are making it unique. 7 It is unique because of the way it was born, and 8 the practical considerations at that point in 9 time which have been built upon over the years. 10 So, Senator, are its uniqueness 11 and specialness a fault, if we accept that 12 fault? But I don't think it is. 13 Now, the current situation that 14 is currently embroiled within the federal courts 15 is complex. We accept that fact, but some 16 things are not complex. This chancellor chose 17 to take the academic side of the Institute and 18 move it to Staten Island, with all due respect 19 to that wonderful borough well represented here 20 in this chamber, but logistically an impossible 21 task of students in the Bronx and Queens to take 22 a bus or a subway to get to; in effect, pulling 23 out the rug from under those young people in 4537 1 terms of taking these courses. 2 The second part of it, of course, 3 was to bifurcate the administration. But the 4 important issue was denying an opportunity for 5 many young people to be served by the 6 curriculum, through the curriculum that this 7 Institute uniquely gives to them. And so, Judge 8 Motley gave a proper decision. I might also add 9 that Italian-Americans within the City 10 University are already declared by the board of 11 trustees, by the chancellor, as a protected 12 class; so that problem is already identified, 13 already acknowledged. 14 So, Senator, I would say to you 15 very simply, and others that might agree with 16 you, and I hope there are not too many, that 17 yes, this is peculiarly a legislative initiative 18 going back to the mid-'70s and we should take 19 pride in that fact and support it in every way 20 we can, and I think this bill is a major step in 21 that direction. 22 ACTING PRESIDENT VOLKER: Senator 23 Galiber. 4538 1 SENATOR GALIBER: Thank you, Mr. 2 President. 3 If you've been here as long as I 4 have, and I keep saying that because it's a 5 fact, it becomes a question of what a difference 6 a day makes or a week makes. I can recall 7 relatively recently arguing this same position. 8 Senator Velella, I join with you 9 on objecting to what Chancellor Reynolds did. I 10 went further than that. I asked for her 11 resignation. I don't think she should be part 12 of the system. 13 First off, Senator Leichter, 14 you're absolutely right, there's nothing in any 15 other group that has the powers that you want to 16 give here. They're part of the curriculum, part 17 of the curriculum, and I said in the debate the 18 other day, and some folks got a little disturbed 19 with me, that practices of discrimination, 20 wherever they flow from or to, is bad in this 21 country of ours, and we should fight it on each 22 and every level. But when we talk about 23 particular groups who perhaps have spent and 4539 1 given much more of their time and effort, I'm 2 hit with the notion that it's preferential 3 treatment. I'm hit with the notion that this is 4 unique, that if I come and ask for something in 5 regard to the race that I'm proud of being part 6 of, in economics I'm voted down. But every - 7 on every occasion, whether it be the Latino 8 community or the black community and the Italian 9 community -- by the way, which I'm going to vote 10 for this bill -- I'd like to say that I'm 11 consistent. All I ask for is a bit of 12 reciprocity, and "reciprocity" means you scratch 13 my back, I scratch your back. 14 Practices of racial 15 discrimination or discrimination in any form 16 shouldn't be tolerated. The uniqueness, no 17 question about it, Franz, you're absolutely 18 right. We have taken and recognized that in a 19 pluralistic society, took it for granted, very 20 frankly, Senator, that in a pluralistic society 21 we have options and some of us don't have 22 options, and the options are either to 23 assimilate or to keep our culture outside. Some 4540 1 of us don't have that option because we're proud 2 of what we are. But the fact of the matter is 3 that there's a presumption or an assumption that 4 if you belong to a particular group that you've 5 automatically assimilated, and practices of 6 racial discrimination, unless they're brought to 7 the attention of us, like this bill does, goes a 8 bit far in terms of power. 9 The intent may be different; the 10 reaction may be different; the "I'll get even 11 with you" kind of thing, but the basic core of 12 what this is all about is absolutely right 13 because it's a form of practicing discrimination 14 and we should fight it at every level. 15 But just remember, next time I 16 speak on something and ask you to scratch my 17 back, please do so. 18 ACTING PRESIDENT VOLKER: Senator 19 Onorato. 20 SENATOR ONORATO: Mr. President, 21 I rise in support of this bill. I would like to 22 indicate that this has been an ongoing battle 23 for over a year. We have had several meetings 4541 1 with the chancellor, and when this case was 2 brought into court, into the federal court, and 3 the federal Judge Motley ruled that there was 4 latent discrimination evidence prevailing in the 5 City University regarding the Italian-American 6 Institute of the Calandra institute, the 7 attorney general urged the chancellor to sit 8 down with both sides to try and resolve this 9 problem. 10 We urged the chancellor on 11 several occasions to please bring both sides 12 together so that we could question them at 13 length, and they absolutely refused, and at some 14 point in time, I actually believe they were 15 trying to divert the funds that were 16 appropriated for the Calandra Institute for 17 other purposes. 18 So it seems that no matter how 19 much reasoning we have attempted with the 20 chancellor to resolve this without litigation or 21 without further legislation, she has absolutely 22 left us with no other choice but to address it 23 the only way we possibly can right now is 4542 1 through legislation. 2 I, therefore, urge my colleagues 3 to support this legislation. 4 ACTING PRESIDENT VOLKER: Senator 5 Montgomery. 6 SENATOR MONTGOMERY: Thank you, 7 Mr. President. 8 I became aware -- unfortunately, 9 I didn't know the history of the -- the Calandra 10 Institute, but I became aware of it because they 11 reached out to me and invited me on many 12 occasions to attend various of their activities, 13 which I was very appreciative about, though I 14 did not get there. I was made aware of it, and 15 I thought that it would have been an excellent 16 opportunity, certainly, if I could have had the 17 time to do it, to go and visit the center, meet 18 people and talk to people there and ask them 19 questions that I have, and so forth, and so on. 20 I am also aware that everything 21 that -- or at least many of the special programs 22 and projects that we have in Brooklyn, through 23 Medgar Evers, have come through the legislative 4543 1 add-on process. So, and that is because very 2 often as appears to be in this case, there is 3 that resistance in academia to expand and to be 4 flexible and to change, and sometimes on rare 5 occasions, the progressive moves come from us so 6 it looks like this is one of those rare 7 occasions where we've had the Legislature be 8 progressive in this sense. 9 I would, however, if Senator 10 Velella would yield, I would like to ask a 11 question with regard to your plans for the 12 Institute in relationship to the University's 13 attempts to reorganize. 14 ACTING PRESIDENT VOLKER: Senator 15 Velella, will you yield? 16 SENATOR VELELLA: I'll try to 17 answer it the best I can, Senator. 18 SENATOR MONTGOMERY: All right. 19 Recognizing that you -- your legislation 20 attempts to establish some autonomy and some 21 self-directiveness, if you will, of the 22 Institute and at the same time the University 23 also engaging in dialogue systemwide about the 4544 1 possibility of restructuring itself from top to 2 bottom, and within that context, I would assume 3 that some of those institutes or quasi 4 institutes like African-American studies, like 5 Hebrew studies, like philosophy, some of those 6 areas may get changed and shifted depending on 7 the demands and whatever the ultimate plan and 8 the outcome of those discussions are. 9 I am wondering if you have 10 thought along those lines and, if there is a 11 discussion going on regarding this particular 12 institute and where it is going to fit and sit 13 and fit in with any changes that are being 14 proposed, because I would assume that we don't 15 want whatever is going to happen, we don't want 16 the Institute to be outside of the total or the 17 sense of the total institution. 18 SENATOR VELELLA: Well, Senator, 19 the purpose of this -- excuse me, this 20 legislation, is to bring it into conformity and 21 into a greater level of equality with other 22 institutes. As for its place in a future 23 reorganization, I couldn't tell you. I have no 4545 1 idea very honestly what the plans are to 2 reorganize City University nor do I believe they 3 are imminent. We are just trying in this house 4 and in the other house to deal with 5 reorganization of the New York City board of 6 education and are reaching a great deal of 7 difficulty and having a hard time getting some 8 agreement. 9 While that may be studied for the 10 future, I couldn't tell you where the Calandra 11 Institute might fit in a plan that hasn't even 12 evolved yet. So I really couldn't answer a 13 hypothetical of that nature, but at the time 14 that a decision is made, I hope that all 15 institutes would be treated equally and we'll be 16 happy to defend any institute that seeks to have 17 similar powers that we put into the Calandra 18 Institute, although in my honest belief I think 19 they already have them. 20 SENATOR MONTGOMERY: If you would 21 continue to yield. 22 ACTING PRESIDENT VOLKER: Senator 23 Velella, do you yield? 4546 1 SENATOR MONTGOMERY: Senator, it 2 is my understanding that one of the directions 3 that is being proposed by the chancellor at this 4 point in time is -- or not the chancellor, but 5 the report of a committee that -- appointed by 6 the chancellor to look at the Institute, is that 7 there be a sort of seamless institution, if you 8 will, that campuses are not entities unto 9 themselves, but they are tied together through 10 systems of communication that allows students to 11 move back and forth without being lost, that or 12 integrated between each other, and so that there 13 is not a unit that is by itself, and I would 14 imagine that we need to be thinking about where 15 those institutes such as the Calandra and such 16 as the African-American studies, such as the 17 studies on Hebrew, all of those issues, I would 18 hope that we're going to be involved in looking 19 at proposing what we think would be appropriate, 20 and certainly I'm just wondering if you've also 21 thought about this institute along those lines 22 as well. 23 SENATOR VELELLA: Senator, until 4547 1 you pointed the possibility out to me that there 2 may be a major reorganization of the City 3 University in and of itself, I've got to be 4 honest with you, I never thought of where this 5 piece would fit in a potential reorganization, 6 but certainly I commit to you that, when the 7 time comes that a reorganization plan is 8 offered, this has got to be a major 9 consideration not only for the Calandra 10 Institute, but for all institutes, and they 11 should be treated equally, whether it be 12 African-American studies, the Calandra 13 Institute, Judeo-studies, they ought to all be 14 put on the same level. The personnel ought to 15 be treated the same way. They ought to have the 16 same opportunities to develop the ideas and 17 concepts and courses that we charge them to do 18 for their specialized area. 19 So I would have no problem with 20 seeing that they're all treated equal although 21 in the puzzle that's going to be coming down, I 22 don't know what all the pieces are yet. 23 SENATOR MONTGOMERY: Thank you. 4548 1 Thank you. 2 Just briefly, on the bill. 3 ACTING PRESIDENT VOLKER: Senator 4 Montgomery, on the bill. 5 SENATOR MONTGOMERY: I am in 6 support of the idea, the recognition of a need 7 for young students, especially Italian-American 8 students, but not only Italian-American 9 students, all students, to be able to go to a 10 place where they can receive a particular kind 11 of attention for themselves, one; and, two, that 12 they can engage in a particular study related to 13 the culture and history and tradition of 14 Italian-Americans, and I hope that this is a 15 recognition among us, particularly people like 16 Senator Velella, but all of us here, that the 17 study of culture should not be a threat to any 18 of us. Other cultures, other than our own, 19 should not be viewed as being something that we 20 have to worry about, that it's going to impinge 21 on -- on us, that each culture has a value and 22 -- and a beauty and a significance in the 23 world, and we ought to accept that and respect 4549 1 it and praise it and recognize it, and certainly 2 if I did not support this legislation and the 3 intent, moreover, of this legislation, I would 4 certainly be hypocritical. 5 So, yes, I support it and, as 6 Senator Galiber eloquently pointed out, I hope 7 that we can expand that to include all of the 8 cultures that are represented in this room. 9 Thank you, Mr. President. 10 ACTING PRESIDENT VOLKER: Senator 11 Marchi. 12 SENATOR MARCHI: Mr. President, 13 this is a rather unusual initiative, and cer 14 tainly the intention is very good, the further 15 ance of the opportunity, the educational oppor 16 tunities in -- in furthering Italian culture, 17 and I think this is certainly a very worthwhile 18 effort, and it was very much on the mind of 19 Senator Calandra when he initiated and 20 developed, and was the innovator who created the 21 John Calandra Institute. It was not known by 22 that name at that time, but he did take the 23 initiative to establish it. 4550 1 But there are matters here, Mr. 2 President, that should give us some pause, and 3 with the view of perhaps looking into this 4 matter further, we propose here -- and I have no 5 evidence in the Education Law where there is any 6 provision for a statutory definition of a 7 cultural institute of any nature, be it white, 8 black or Indian or Asian or anything else or of 9 any ethnic group. Not that they can't be a 10 first that could lead to a second and a third 11 and a fourth, but there are -- there are what is 12 sought to be established on a viable basis, a 13 centrality of -- a centrality of a point of 14 reference for this, the activity that's 15 currently being carried on by the Calandra 16 Institute. 17 We have here an advisory board 18 which would be created by seven members, four of 19 whom shall be appointed by the New York Confer 20 ence of Italian-American State Legislators. 21 Now, I -- I've attended a graduation yesterday, 22 wasn't feeling well, but I went to it 23 nevertheless, and the person -- the provost who 4551 1 conducted it -- speaks in impeccable Italian, is 2 a student of Italian, has taught Italian, but is 3 not Italian. And there is -- whether we should 4 partition ourselves in different ethnic compon 5 ents as the subsistent reality sustaining a 6 cultural pursuit, I think, should be -- I'm not 7 -- I don't think it should be discounted 8 because there are correlative benefits that are 9 associated with that. But I think it should be 10 examined further, and I -- I don't know whether 11 it's a good augury or a good omen to create a 12 number of ethnic, racial, cultural institutes 13 that have targeted approaches and also divides 14 the members of the Legislature and assigns to 15 them responsibilities based on whatever our 16 ethnic or racial origin happens to be. 17 So I -- Mr. President, I -- if 18 the bill passes, I don't know whether the 19 Assembly intends to act upon it. I understand 20 it has also, as in the case of the Senate, a 21 very responsible sponsor standing behind it, but 22 I'm not sure that I -- that I can buy into a 23 process where we invade a -- an academic 4552 1 precinct in this fashion to bring about certain 2 results that I believe all of us certainly 3 desire. 4 It is maintained by the funds of 5 the state and by the people, and I believe that 6 any academic institution, any university 7 chartered by the state of New York and the 8 University of the State of New York, is entitled 9 to some deference and certainly should not - 10 should not be vulnerable to legislative 11 definition of those aspects and components of 12 academic pursuit, unless it's a generalized 13 basis which we address to the entire educational 14 spectrum. 15 So for this reason, Mr. Presi 16 dent, and not -- not to foreclose re-address 17 ing this issue if certain loose ends are tidied 18 up, which would permit at least myself, if no 19 one else, to support this -- this initiative, 20 Mr. President, I am going to have to oppose this 21 measure in its present formation. 22 ACTING PRESIDENT VOLKER: Senator 23 DeFrancisco? Senator DeFrancisco. 4553 1 SENATOR DeFRANCISCO: I'm going 2 to support this piece of legislation, I think 3 basically on the grounds that were raised by 4 Senator Waldon. I think he and Senator Onorato 5 hit it on the head by saying that there was a 6 legislative prerogative here that was virtually 7 not only ignored, but was abused by the total 8 lack of the chancellor of New York, through the 9 City University of New York, to abide by the 10 legislation, and I don't think we should back 11 down in a situation like that. We should 12 support our legislation and make sure it's 13 enforced. 14 On the other hand, I have a 15 serious problem about this type of situation. I 16 -- my grandparents' people on both sides, 17 grandparents on both sides, are Italian and it 18 has nothing to do with Italian or Irish or any 19 of those backgrounds that some people in this 20 body may be. 21 The problem is that we seem to be 22 more and more, as we go forward, fragmenting 23 society and fragmenting this country. You know, 4554 1 how many different institutes or how many 2 different courses of study do we ultimately end 3 up with? Do we have the Yugoslavian study, or 4 do we make it Bosnian and Serbian studies? 5 I mean we are completely 6 fragmenting this society. It's not only in the 7 area of education that we're dealing with now, 8 but in many, many other areas. It's one group 9 pitted against another group, and Senator 10 Leichter mentioned, you know, that we do the 11 Irish-American group next. I don't know; I 12 don't know what group wouldn't have grounds to 13 come forward and say, Why don't we have an 14 institute? 15 You know, this is one country 16 that we happen to be, and fragmenting the 17 country the way we've been doing it more and 18 more and more every year, I think, is a bad, bad 19 thing that we're doing. 20 If it were not for the total 21 disregard for the legislative prerogative here, 22 I would vote against this legislation, but I 23 think it's important to send a message that we, 4555 1 as a body, are going to stand behind the laws 2 that we enact. But I think this is a very, very 3 bad step towards -- that has been followed by or 4 that will be followed by other steps. We need 5 to unite various ethnic groups, various racial 6 groups in this country, rather than continuing 7 to dwell on our differences. 8 ACTING PRESIDENT VOLKER: Senator 9 Mendez. 10 SENATOR MENDEZ: Mr. President, I 11 rise in support of this bill. 12 I think that, from a cultural 13 point of view, I think that the contributions 14 that Italians have made to civilization through 15 centuries are there and that, by creating this 16 institute in the graduate school of City 17 University it will bring the -- help to give the 18 opportunity not only to Italian-American 19 students but also to everybody to study more 20 seriously all that marvelous heritage, culture, 21 art and history in all areas of human endeavor. 22 I am listening to some of my 23 colleagues about that idea that this could be 4556 1 divisive. I think that that concern must stem 2 from the fact that years and years ago there was 3 this guy who wrote a book and came up with a 4 little theory of the "melting pot". For a 5 while, it was accepted by everybody in sociology 6 that America was a "melting pot" until, Mr. 7 President, a more intelligent sociologist 8 bothered to look into the pot. And what did he 9 see? He saw corned beef and cabbage. He saw 10 gefilte fish. He saw spaghetti and meatballs. 11 At the time they were unable to see some little 12 black-eyed beans and collard greens. 13 But nevertheless, it seems to me, 14 then they start thinking, What is America? Yes, 15 everybody accepts that America is a country of 16 immigrants. What is being an American? Well, 17 it's been defined and accepted recently that 18 America is a multi-cultural society. What does 19 that mean? That, for example, by creating the 20 Institute of Italian-American studies, that will 21 not -- will not, in fact, separate us as 22 Americans from Puerto Ricans, African-Americans, 23 Irish, and all other nationalities or people 4557 1 with nationalities that are residing now as 2 Americans also. 3 What is being an American is a - 4 is a commitment, Mr. President to certain forms 5 of government. It is a commitment that, when 6 the nation is being threatened, everybody, 7 regardless of what roots they come from, are 8 going to go in there and defend that country. 9 So, it's about time that those of 10 my generation and some of the "yuppies" as well 11 realize that the accepted mode is a multi 12 cultural society who a body is present that 13 belongs to every single group would feel proud 14 of whatever that make him or her Italian, Puerto 15 Rican, Irish, African-American, and be aware of 16 all the good things that years of hard work are 17 contributing to society-at-large and, at the 18 same time, understand fully the culture and the 19 American experience of Italian-Americans, Irish 20 and whatever. 21 So I really must congratulate 22 Senator -- Senator Velella for charging on with 23 this magnificent task, and I must say in 4558 1 conclusion, Mr. President, this is not the time 2 to speak about the reorganization of City 3 University -- of City University. However, when 4 the time comes, and I hope that will be soon and 5 I hope that we will give some time to it for 6 discussion of that, let us hope that within that 7 reorganization there is, in fact, a sound, 8 realistic plan to increase the graduation -- the 9 number of graduates because, if there is a 10 university that has a very high drop-out rate 11 from the City College, that is exactly to say 12 here the City University of New York, and our 13 young people will be served better. 14 But now we're discussing the 15 reorganization of this Institute at the graduate 16 level, and it is -- I consider it a privilege 17 for me to support this bill and also because, in 18 my mind, I feel a bit like a little bit of 19 finally there is an institution that will take 20 charge of -- of -- of getting rid of all those 21 misconceptions that are usually attached to 22 Italian-Americans. 23 In the final analysis, and I've 4559 1 always said this for a long while, it is -- it 2 is a horrible thing that one day I have to 3 conclude, my God, the most defamed group of 4 Americans in this country are, in fact, Italian 5 Americans and, as a group, they do not deserve 6 it. 7 So, Mr. President, I am most 8 pleased to rise in support of this bill. 9 ACTING PRESIDENT VOLKER: Senator 10 LaValle. 11 SENATOR LAVALLE: Mr. President, 12 I had not intended to rise, but after Senator 13 Marchi so eloquently, as he often does, 14 articulated a position and one that I think had 15 some -- some seeds of truth, in that this 16 institution, this Legislature, has always 17 appreciated academic freedom and understands 18 that there are certain sets of rules that govern 19 academia, that are oftentimes much different 20 from the rules that govern many other 21 institutions. 22 But I think it is important to 23 really focus our attention on what is the 4560 1 central issue here before us. I must say that 2 this legislation is born out of frustration, the 3 same kind of frustration that created the 4 Calandra Institute itself, and Senator Velella 5 has tirelessly, through this entire session on 6 almost a daily basis, tried to reach out and 7 communicate and talk about how, indeed, we may 8 take a next step in the creation of an Italian 9 studies program at the City University. 10 And Senator Marchi, it is -- and 11 I know Senator Leichter, both in committee and 12 today, talked about that we are doing something 13 entirely different. Indeed, we have from time 14 to time in this Legislature created institutes 15 and we've done so in a way where it's done in 16 collaboration and in concert with the wishes of 17 the academic community, and we have put into 18 statute the codification of the agreement 19 between members in this Legislature who had a 20 particular interest in the institution. 21 Just but a short week or so ago, 22 I had a piece of legislation creating the waste 23 management -- Solid Waste Management Institute 4561 1 at Stony Brook, and that legislation was, in a 2 sense, copied from a Hazardous Waste Institute 3 that I think Senator Daly created in -- at the 4 University of Buffalo, and there was another 5 Waste Management Institute created at Cornell 6 and a Water Institute created at Cornell, and we 7 have from time to time created these things, and 8 we've done it in concert. 9 Now, Senator Velella has tried, 10 as other members in this body and in the 11 Assembly, to communicate with not only the 12 chancellor, who at times has been indifferent, 13 stubborn, arrogant, and has not wanted to walk 14 the path hand in hand with members of this -- of 15 this Legislature, not only in this house, but 16 indeed in the -- in the Assembly. 17 So that this effort is not as 18 radical as some of the remarks that have been 19 made on this -- on this floor. It is radical in 20 the sense that we have a partner who doesn't 21 want to communicate, understands that we should 22 be addressing this issue, but refuses to 23 communicate. And Senator Velella and others 4562 1 have reached out time and time again, saying, 2 Look, we understand that there are academic 3 prerogatives, but we need to address an issue 4 and we can't address it without your help. 5 And I also find fault, not only 6 with the chancellor, but members of the board of 7 trustees who are the governing board of the 8 institution. They should be saying, Enough is 9 enough! We have wasted too many hours, too much 10 time. Let's address the business before us. 11 And so I really applaud our 12 colleague, Senator Velella, who has spent a lot 13 of hours in forming this legislation, but in 14 trying to reach out beyond this chamber in 15 trying to reach an accommodation and a 16 resolution to a problem that concerns not only 17 the Italian-American legislators but the 18 Italian-American community in this state. 19 And so, Mr. President, with these 20 remarks, I rise to support Senator Velella's 21 legislation. 22 ACTING PRESIDENT VOLKER: Senator 23 Gold. 4563 1 SENATOR GOLD: Thank you. 2 I understand we're down to the - 3 the end, and I just have a couple of comments. 4 First of all, in 1958, I had one of the most 5 wonderful summers of my life as I spent a 6 student internship in the United States 7 Attorney's Office in the Southern District of 8 New York, and was assigned all summer to work 9 for an assistant by the name of John D. 10 Calandra, and knowing John D. Calandra for that 11 long and that well, as one of our colleagues 12 said earlier, and I won't quote Senator Volker, 13 "John Calandra must be looking down and having 14 the time of his life saying, 'My God, I had some 15 more trouble and look what's going on.'" 16 The thoughts that come to my mind 17 is that centuries ago, you know, we see movies 18 and plays about -- about old Greece and old 19 Rome, and people used to study and contemplate 20 the moon and contemplate this and that, and I 21 guess they didn't have to go out and earn a 22 living all day, and it must have been a lot of 23 fun. 4564 1 I think that, in the educational 2 sphere, perhaps there's some responsibility on 3 the part of the student when they get their 4 degree as to whether or not they can go out and 5 earn a living. I don't know whether or not the 6 curriculums of this institute are going to be 7 such that you get your degree in that and go or 8 whether it's just going to be providing courses, 9 but I guess to some extent that's up to the 10 student as to whether or not they get out and 11 what they do with their education. 12 I was intrigued by one of our 13 colleagues who lambasted the whole concept of 14 this bill and then said, of course, he's going 15 to vote for it. 16 I don't see a problem in America 17 with people having pride in their roots. I just 18 don't. I think that it was very important to 19 America that there was, in fact, a whole 20 television show called ROOTS. It was very 21 important to this country, because that was one 22 major showing by a network and by a whole 23 mechanism that young African-American people 4565 1 could say, "My God, that's me and my ancestors 2 they're talkin' about every day." I think that 3 was good for America if it was good for those 4 people. 5 I was at a function in Queens 6 last week. There was a Korean-American 7 Association. I think it's wonderful that people 8 from Korea come here, become part of our 9 society, but they join as Korean-Americans to 10 maintain some of the cultures from their "old 11 country" and I don't consider that a danger to 12 America. The people who were at that Korean 13 American meeting weren't there to undercut 14 America. They were proud Americans who were 15 meeting and sharing an evening of their own 16 historic culture. 17 So for those of you who have made 18 that suggestion, I think there was only one, 19 that in somehow teaching people about cultures 20 is divisive of America, I say you don't know 21 what America is about. There are, in fact, 22 Passover Seders where they invite people who are 23 not Jewish to come and enjoy the Seder and 4566 1 understand it. I don't know too many Jewish 2 people who haven't seen and experienced, through 3 their friends, the joy of Christmas and Easter 4 and et cetera, et cetera, et cetera. 5 So the concept that, in having 6 this institute, that we are in some way 7 destroying the country, I think, is absurd. 8 Having said all of that, I am concerned about 9 one speaker today, and that's my dear friend, 10 Senator Marchi, who certainly has one of the 11 greatest sensitivities to his Italian heritage 12 and to the kind of things that Senator Velella 13 is talking about, and I would urge upon Senator 14 Velella not to move the bill today but to 15 consider the points made by Senator Marchi, 16 because as someone who loves -- still loves John 17 Calandra, I say, let's -- let's do it right. 18 Let's not open it up to the questions of why is 19 the Legislature involved on page 2, or whatever, 20 or some of these other things. 21 I think, Senator Velella, you get 22 really high marks in bringing this to our 23 attention and for fighting for this. I don't 4567 1 have a problem with it. I think Senator 2 Leichter expresses significant concerns in terms 3 of structure. I'm ready to vote past that. I'm 4 ready to support this bill because I wouldn't 5 want John, if he's looking down, to think that I 6 was anything but totally loyal. 7 But I think that it would be a 8 mistake, Senator Velella, to just not take 9 significant note of the comments of Senator 10 Marchi. I want this to be right. If we're 11 going to do it, let's do it right, and I think 12 the bill does need some care. 13 I will, however, join with 14 Senator Galiber and others because I think it's 15 an important signal, and I will vote for the 16 bill. But I hope I'll have a chance, Senator 17 Velella, to vote for an "A" print. 18 ACTING PRESIDENT VOLKER: Senator 19 Mega. 20 SENATOR MEGA: Mr. President, 21 I've been here for most of the debate, and a lot 22 of good things have been said, and I really 23 wasn't going to get up and say anything until my 4568 1 good friend, Senator Gold, sort of gave me a 2 little bit of a nudge. 3 I would say that, under normal 4 circumstances, I might go along with your 5 recommendation. I understand the points that 6 have been made, but one of the many things that 7 have happened has not been brought out. The 8 chancellor, for whatever reason, has disregarded 9 any bringing of any sanity to trying to resolve 10 this problem, and I have not attended all of the 11 meetings. I've been to several, and I was at 12 one where the chancellor spoke about trying to 13 resolve it, and we'll do this and do that, and 14 either the following day or the following week 15 she fires the attorney general and she hires 16 private counsel. 17 Now, I don't know if everybody 18 knows that. The attorney general writes a 19 letter to the chancellor. He says, you know, 20 Let's sit down, let's try to resolve this 21 thing. You know, any -- any lawsuit, the best 22 thing you can do in any lawsuit is try and 23 settle the lawsuit, and everybody walks away 4569 1 from it and nobody is happy. But the chancellor 2 gave us the impression that she was going to try 3 and do something and she fires one attorney and 4 now she hires a private attorney who is now 5 going to get paid X amount of dollars to defend 6 this lawsuit and motion everybody to death. And 7 we know what that means, don't we, Senator 8 Galiber? All kinds of motions, and so so. 9 So there really was no sincerity 10 on the part of the chancellor, and that really 11 is why we have the bill, and that's why we're 12 putting it into a legislative mode, and I really 13 can't believe anybody is going to vote against 14 it and, on behalf of the memory of Senator 15 Calandra, Senator Leichter, I have an extra 16 ticket for the Italian-American function tonight 17 and you can be our guest to partake and enjoy, 18 and I may be mixing apples and oranges and I 19 really don't want to do that, but when you sit 20 back and you listen to everything that has 21 happened in this situation, I think that there's 22 going to be a unanimous vote on this bill and 23 it's going to pass. 4570 1 Thank you, Mr. President. 2 ACTING PRESIDENT VOLKER: Read 3 the last section. 4 SENATOR LEICHTER: Mr. President. 5 ACTING PRESIDENT VOLKER: Senator 6 Leichter. 7 SENATOR LEICHTER: I don't want 8 to continue this. I know it's been long 9 discussed, but I think there's some things that 10 need to be said. I'm sorry, particularly some 11 of the remarks that my good friend, Senator 12 Mega, made. 13 Senator Mega, I would -- I was 14 going to accept your offer, but Senator Galiber 15 said I could get indicted if I did that. No, I 16 know it was done as you always do things and in 17 the best of spirit and in generosity. But, 18 Senator, it seemed to have an implication to it 19 that maybe I or others in some ways are 20 insensitive to Italian culture or some of these 21 other things, and I know you didn't mean that, 22 and I didn't want that impression to -- to be 23 left lingering there, because I did -- I happen 4571 1 -- I don't know if there's anybody who enjoys 2 and appreciates the Italian contribution, the 3 contribution of Italian-Americans more than I 4 do. 5 As so often, in my many years in 6 the Senate, I said to myself, Thank God for John 7 Marchi, because he said so eloquently and so 8 perceptively and very directly what I fumbled 9 at, and I want to thank Senator Marchi for it, 10 because there's really two issues here and, as 11 so often happens when we debate a bill, we're 12 really not debating the language of the bill any 13 more. We're debating concepts, and the very 14 important concepts that we address. 15 First of all, just as far as the 16 language of the bill which was the main thrust 17 of what I wanted to say was when Senator Velella 18 says we're only doing for this institute what 19 other institutes have. That's just hogwash. 20 There are no other institutes like this, 21 period. So let's put that aside. 22 And -- and for Senator LaValle to 23 say, Well, you know, I had an institute that I 4572 1 set up, but Senator, your institute that dealt 2 with hazardous wastes or solid wastes or some 3 sort of waste, you did not give credit -- the 4 power to give credit courses for credit which 5 inevitably leads to degrees. You made an 6 institute which was really a division of an 7 existing institution. That's fine. Senator 8 Velella really is creating a new institution, so 9 there is the issue of governance in New York. 10 But I think there's also the 11 other issue that we seem to spend more time on, 12 which is as -- which is, do we have really want 13 to have something that is separate solely based 14 on ethnicity? Some members got up here and 15 said, Well, that's great, but remember, we're 16 next. Scratch my back, because I'm going to 17 scratch your back on this bill. 18 I think that is -- I think that's 19 unfortunate. Senator Gold rightly says we have 20 a wonderful rich cultural -- cultural heritage 21 in this council country, but I say to you as I 22 look around, I see that we have spent too much 23 time recently in honoring and cherishing and 4573 1 emphasizing our differences instead of 2 emphasizing what brings us together. 3 I have -- I think Senator 4 DeFrancisco was absolutely correct. He's also 5 correct when he says about legislative 6 prerogative. Senator, we have the prerogative 7 to do foolish things, but I would hope that we 8 wouldn't insist on that prerogative. 9 I don't mean to say that this is 10 foolish, but I think it's wrong in terms of what 11 it does to the City University, but maybe it's 12 even more wrong in terms of the greater -- the 13 intellectual, philosophic point that I thought 14 Senator Marchi made so well. 15 I'm going to vote in the 16 negative, Mr. President. 17 ACTING PRESIDENT VOLKER: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 1st day of 21 September next succeeding the date on which it 22 shall have become law. 23 ACTING PRESIDENT VOLKER: Call 4574 1 the roll. 2 (The Secretary called the roll. ) 3 ACTING PRESIDENT VOLKER: Senator 4 Montgomery. 5 SENATOR MONTGOMERY: I'd like to 6 be recognized, not on this bill. 7 THE SECRETARY: Ayes 56, nays 8 two, Senators Leichter and Marchi recorded in 9 the negative. 10 ACTING PRESIDENT VOLKER: The 11 bill is passed. 12 Senator Montgomery. 13 SENATOR MONTGOMERY: Mr. 14 President, I would like unanimous consent to be 15 recorded in the negative on Calendar 962. 16 ACTING PRESIDENT VOLKER: Without 17 objection. 18 SENATOR MONTGOMERY: Thank you. 19 Senator Santiago. 20 SENATOR SANTIAGO: I'd like to be 21 recorded in the negative on 962, please. 22 ACTING PRESIDENT VOLKER: Without 23 objection. 4575 1 Senator Present. Senator 2 Present, I think we have a motion. 3 SENATOR PRESENT: Senator 4 Velella. 5 ACTING PRESIDENT VOLKER: Senator 6 Velella. Just hold it a second. 7 Senator Present, I think we've 8 disposed of that motion, so - 9 SENATOR PRESENT: Mr. President, 10 there being no further business, I move that we 11 adjourn until tomorrow at 3:00 p.m. 12 ACTING PRESIDENT VOLKER: Senate 13 is adjourned until tomorrow at 3:00 p.m.) 14 (Whereupon at 5:18 p.m., the 15 Senate adjourned. ) 16 17 18 19 20 21 22 23