Sunday, July 4, 1993

7227 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 July 4, 1993 11 4:03 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 7228 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. Senators will please 4 find their seats. 5 Please rise with me for the 6 Pledge of Allegiance to the Flag. 7 (Whereupon, the Senate joined in 8 the Pledge of Allegiance to the Flag. ) 9 Today, in the absence of visiting 10 clergy, we will bow our heads for a moment of 11 silent prayer. 12 (Whereupon, there was a moment of 13 silence. ) 14 Secretary will again by reading 15 the Journal. 16 THE SECRETARY: In Senate, 17 Saturday, July 3. The Senate met pursuant to 18 adjournment. The Journal of Friday, July 2, was 19 read and approved. On motion, Senate adjourned. 20 ACTING PRESIDENT FARLEY: Hearing 21 no objection, the Journal will stand approved as 22 read. 23 The order of business: 7229 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 We have a report of a standing 6 committee, Senator Present. 7 SENATOR PRESENT: We'll read it. 8 ACTING PRESIDENT FARLEY: 9 Secretary will read it. 10 THE SECRETARY: Senator Marino, 11 from the Committee on Rules, reports the 12 following bills directly for third reading: 13 Senate Bill Number 720D, by 14 Senator Stafford, Environmental Conservation 15 Law; 16 1369B, by Senator Jones, 17 authorizing the town of Henrietta to establish a 18 transportation development district; 19 1524, by Senator LaValle, 20 Volunteer Firefighters Benefit Law; 21 2739A, by Senator Larkin, Real 22 Property Tax Law; 23 3332D, by Senator Goodman, in 7230 1 relation to franchises for street surface 2 railroads; 3 4188, by Senator Stafford, 4 Racing, Pari-mutuel Wagering and Breeding Law; 5 4189, by Senator Stafford, to 6 repeal subparagraph (e) of paragraph 2; 7 4190A, by Senator Stafford, 8 Racing, Pari-Mutuel Wagering and Breeding Law; 9 4191, by Senator Stafford, to 10 repeal paragraph (g) of subdivision 1; 11 4291A, by Senator Goodman, Real 12 Property Tax Law; 13 4531, by Senator Velella, 14 Transportation Law and the Vehicle and Traffic 15 Law; 16 4627, by Senator Saland, 17 Retirement and Social Security Law; 18 4894A, by Senator Stafford, Tax 19 Law and the Criminal Procedure Law; 20 5301A, by Senator Velella, 21 Administrative Code of the city of New York; 22 5596C, by Senator Tully, Public 23 Health Law; 7231 1 5650A, by Senator Connor, Public 2 Authorities Law; 3 5833A, by Senator Goodman, Public 4 Authorities Law; 5 5849A, by Senator Hannon, Real 6 Property Tax Law; 7 5882A, by Senator Seward, 8 authorize the merger of the Percy I. Bugbee 9 Foundation. 10 6023, by Senator LaValle, 11 Education Law; 12 6058A, by Senator Skelos, 13 Insurance Law; 14 6066, by Senator Mega, Temporary 15 State Commission on Brooklyn Recreational 16 Facilities; 17 6083, by Senator Padavan, 18 Alcoholic Beverage Control Law; 19 6084, by the Committee on Rules, 20 Private Housing Finance Law; 21 6085, by the Committee on Rules, 22 Tax Law; 23 6086, by the Senate Committee on 7232 1 Rules, to amend Chapter 502 of the Laws of 1992; 2 6087, by Senator Pataki, 3 Religious Corporations Law; 4 6101, by Senator LaValle, 5 Education Law; 6 6102, by Senator Tully, Education 7 Law; 8 6110, by Senator DeFrancisco, 9 amend chapter of the Laws of 1993; 10 6111, by the Committee on Rules, 11 amends Chapter 348 of the Laws of 1989; 12 6113, by the Committee on Rules, 13 Education Law; 14 6126, by the Committee on Rules, 15 amends Chapter 537 of the Laws of 1976; 16 6132, by the Committee on Rules, 17 Education Law; 18 6135, by Senator Pataki, amends 19 Chapter 817 of the Laws of 1992; 20 6145, by Senator LaValle, 21 Education Law; 22 And 6147, by the Committee on 23 Rules, amends a chapter of the Laws of 1993. 7233 1 All bills reported directly for 2 third reading. 3 SENATOR FARLEY: All bills are 4 reported directly to third reading. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. Motions 9 on the floor? 10 Senator Holland. 11 SENATOR HOLLAND: Yes, Mr. 12 President. On page 23, I offer the following 13 amendments to Calendar Number 1133, Senate Print 14 Number 5270A, and ask that the said bill retain 15 its place on the Third Reading Calendar. It's 16 Senator Saland's bill. 17 ACTING PRESIDENT FARLEY: Without 18 objection. 19 Are there any other motions on 20 the floor? 21 (There was no response. ) 22 Seeing none, we have some 23 substitutions, Senator Present. 7234 1 SENATOR PRESENT: Take care of 2 them. 3 ACTING PRESIDENT FARLEY: 4 Secretary will read the substitutions. 5 THE SECRETARY: On page 19, 6 Senator Libous moves to discharge the Committee 7 on Rules from Assembly Bill Number 7171A and 8 substitute it for the identical Third Reading 9 897. 10 ACTING PRESIDENT FARLEY: 11 Substitution is ordered. 12 THE SECRETARY: On page 33, 13 Senator Bruno moves to discharge the Committee 14 on Rules from Assembly Bill Number 4238A and 15 substitute it for the identical Third Reading 16 1470. 17 ACTING PRESIDENT FARLEY: 18 Substitution ordered. 19 THE SECRETARY: On page 33, 20 Senator Marino moves to discharge the Committee 21 on Rules from Assembly Bill Number 7913A and 22 substitute it for the identical Third Reading 23 1479. 7235 1 ACTING PRESIDENT FARLEY: 2 Substitution is ordered. 3 THE SECRETARY: On page 34, 4 Senator Marino moves to discharge the Committee 5 on Rules from Assembly Bill Number 8737 and 6 substitute it for the identical Third Reading 7 1504. 8 ACTING PRESIDENT FARLEY: 9 Substitution is ordered. 10 THE SECRETARY: On page 35, 11 Senator Goodman moves to discharge the Committee 12 on Rules from Assembly Bill Number 3134 and 13 substitute it for the identical Third Reading 14 1508. 15 ACTING PRESIDENT FARLEY: 16 Substitution is ordered. 17 THE SECRETARY: On page 37, 18 Senator Marchi moves to discharge the Committee 19 on rules from Assembly Bill Number 8736 and 20 substitute it for the identical Third Reading 21 1526. 22 ACTING PRESIDENT FARLEY: 23 Substitution is ordered. 7236 1 THE SECRETARY: On page 38, 2 Senator Trunzo moves to discharge the Committee 3 on Rules from Assembly Bill Number 8765 and 4 substitute it for the identical Third Reading 5 1527. 6 ACTING PRESIDENT FARLEY: 7 Substitution ordered. 8 Senator Present, what's your 9 pleasure? 10 SENATOR PRESENT: Let's take up 11 the non-controversial calendar, please. 12 ACTING PRESIDENT FARLEY: The 13 non-controversial calendar. The Secretary will 14 read. 15 THE SECRETARY: On page 6, 16 Calendar Number 339, by Senator Sears, Senate 17 Bill Number 3452B, with an Assembly Reprint 18 Number of 30000, Agriculture and Markets Law, in 19 relation to manufacturer's information. 20 SENATOR KUHL: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay 22 that bill aside. 23 THE SECRETARY: Calendar Number 7237 1 395. 2 SENATOR PRESENT: Lay it aside 3 for the day. 4 ACTING PRESIDENT FARLEY: Lay 5 that aside for today. 6 THE SECRETARY: Calendar Number 7 470, by member of the Assembly Lasher. 8 SENATOR PRESENT: Lay it aside. 9 ACTING PRESIDENT FARLEY: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 588, by Senator Kuhl, Senate Bill Number 3539A, 13 Agriculture and Markets Law. 14 SENATOR GOLD: Lay it aside for 15 the week. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 614, by Senator Wright, Senate Bill Number 20 4108B, State Administrative Procedure Act. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 7238 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 38. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 697, by Senator Spano, Senate Bill Number 2026 10 with an Assembly Reprint Number of 30001, Mental 11 Hygiene Law and the Social Services Law. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 38. 20 ACTING PRESIDENT FARLEY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 864, by Senator Lack, Senate Bill Number 4768B, 7239 1 an act to amend the Penal Law. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 38. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1000, by Senator Wright, Senate Bill Number 14 4277, authorize the sale of certain state land 15 in the town of Ellisburg. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 SENATOR PRESENT: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay 22 that bill aside. 23 THE SECRETARY: Calendar Number 7240 1 1211, by member of the Assembly Mayersohn, As 2 sembly Bill Number 6677B Criminal Procedure Law. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 SENATOR GALIBER: Lay that bill 11 aside, please. 12 ACTING PRESIDENT FARLEY: Lay 13 that bill aside. 14 THE SECRETARY: Calendar Number 15 1250, by Senator Hannon, Senate Bill Number 16 4897. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 SENATOR SOLOMON: Lay it aside. 20 ACTING PRESIDENT FARLEY: Oh, lay 21 it aside? Okay. 22 SENATOR LIBOUS: Was 1211 also 23 laid aside? 7241 1 ACTING PRESIDENT FARLEY: Yes, it 2 was. 3 THE SECRETARY: Calendar Number 4 1251, by Senator Lack, Senate Bill Number 5263, 5 an act to amend the Labor Law. 6 SENATOR PRESENT: Lay it aside 7 for the day. 8 ACTING PRESIDENT FARLEY: Lay 9 that aside for today. 10 THE SECRETARY: Calendar Number 11 1260, by the Senate Committee on Rules, Senate 12 Bill Number 5853A, General Municipal Law. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 SENATOR DOLLINGER: Lay it aside. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 1308, by Senator LaValle, Senate Bill Number 20 3176A, an act to amend the Education Law. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 7242 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 38. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1326, by Senator Trunzo, Senate Bill Number 10 3463A, Real Property Tax Law. 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 38. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1338, by Senator Hannon, Senate Bill Number 23 5206. 7243 1 SENATOR PRESENT: Lay it aside. 2 ACTING PRESIDENT FARLEY: Lay it 3 aside. 4 THE SECRETARY: Calendar Number 5 1348, by the Assembly Committee on Rules, 6 Assembly Bill Number 8464A, Administrative Code 7 of the city of New York. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 38. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1371, by member of the Assembly Lasher, Assembly 20 Bill Number 58 - 21 SENATOR PRESENT: Lay it aside. 22 ACTING PRESIDENT FARLEY: Lay it 23 aside. 7244 1 THE SECRETARY: Calendar Number 2 1389, by Senator - 3 SENATOR GOLD: Lay it aside. 4 ACTING PRESIDENT FARLEY: Lay it 5 aside. 6 THE SECRETARY: Calendar Number 7 1423, by the Senate Committee on rules, Senate 8 Bill Number 5702, amends Chapter 879 of the Laws 9 of 1936. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 41. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1428, by Senator Trunzo, Senate Bill Number 22 5974A, an act to amend the Highway Law. 23 ACTING PRESIDENT FARLEY: Read 7245 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 41. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1431, by the Senate Committee on Rules. 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside. 15 THE SECRETARY: Calendar Number 16 1452, by the Senate - 17 SENATOR PRESENT: Lay it aside. 18 ACTING PRESIDENT FARLEY: Lay it 19 aside. 20 THE SECRETARY: Calendar Number 21 1454, by the Senate Committee - 22 SENATOR PRESENT: Lay it aside. 23 ACTING PRESIDENT FARLEY: Lay 7246 1 that bill aside. 2 THE SECRETARY: Calendar Number 3 1469, by the Assembly Committee on Rules, 4 Assembly Bill Number 8418, Estates, Powers and 5 Trust Law. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 41. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1470, substituted earlier today, by member of 18 the Assembly Proskin, Assembly Bill Number 19 4238A, Civil Practice Law and Rules. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 7247 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 41. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1473, by member of the Assembly Balboni, 9 Assembly Bill Number 7012A, an act to amend the 10 Banking Law. 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 41. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1478, by the Assembly Committee on Rules, 23 Assembly Bill Number 86 - 7248 1 SENATOR GOLD: Lay it aside. 2 ACTING PRESIDENT FARLEY: Lay it 3 aside. 4 THE SECRETARY: Calendar Number 5 1479, substituted earlier today, by the Assembly 6 Committee on Rules, Assembly Bill Number 7913A, 7 service credit in the New York State Teachers' 8 Retirement System. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 42, nays 2. 17 Senators Galiber and Gold recorded in the 18 negative. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1487, by member of the Assembly Diaz, Assembly 23 Bill Number 6103B, General City Law. 7249 1 ACTING PRESIDENT FARLEY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FARLEY: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 43, nays 1. 9 Senator Pataki recorded in the negative. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1489, by Senator Holland, Senate Bill Number 14 3996, relating to solid waste treatment. 15 SENATOR GOLD: Lay it aside, 16 please, for Senator Leichter. 17 ACTING PRESIDENT FARLEY: Lay 18 that bill aside. 19 THE SECRETARY: Calendar Number 20 1493. 21 SENATOR GOLD: Lay it aside for 22 Senator Leichter, also, please. 23 ACTING PRESIDENT FARLEY: Lay 7250 1 that aside. 2 THE SECRETARY: Calendar Number 3 1502, by the Assembly Committee on Rules, 4 Assembly Bill Number 8219A, an act to amend the 5 Highway Law. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll. ) 13 SENATOR GOLD: Mr. President. 14 Mr. President. 15 ACTING PRESIDENT FARLEY: Senator 16 Gold. 17 SENATOR GOLD: Yes, I would like 18 to explain my vote. On this bill, Mr. 19 President, the only objection that I have to it 20 is the fact that the sponsorship seems to be all 21 from the Republican Party, and the bill says 22 it's at the request of the Governor. 23 I would like the record to 7251 1 indicate very, very clearly that had I been 2 asked to co-sponsor this bill, it would have 3 been an honor and I think there are many, many 4 people on this side of the aisle if not everyone 5 who would have considered it an honor. 6 Malcolm Wilson may have been 7 elected Lieutenant Governor as a Republican, but 8 he is, in my opinion a state treasure. He is 9 one of the finest humans that I have met in 10 government, regardless of party affiliation, 11 obviously. 12 And I am going to vote for this, 13 but I do have that little bit of remorse in my 14 heart that when it was put in, whoever it was 15 that had the job of giving out sponsorship and 16 asking for co-sponsors, they did a disservice to 17 me, they did a disservice to Senator Galiber and 18 Mendez, et cetera, et cetera, and certainly one 19 to Malcolm Wilson because he is not the hero of 20 the Republican Party. He is, in my opinion, a 21 hero of the state of New York. 22 I vote in the affirmative. 23 ACTING PRESIDENT FARLEY: Call 7252 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 43, nays 1, 4 Senator Holland recorded in the negative. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1504, substituted earlier today, by the Assembly 9 Committee on Rules, Assembly Bill Number 8737, 10 Administrative Code of the city of New York. 11 ACTING PRESIDENT FARLEY: There 12 is a home rule message or a request here at the 13 desk. Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 44. 20 ACTING PRESIDENT FARLEY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1505, by the Senate Committee on Rules, Senate 7253 1 Bill Number 6077, to authorize Lawrence Leff 2 retroactive membership in New York State 3 Employees' Retirement System. 4 ACTING PRESIDENT FARLEY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FARLEY: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 42, nays 2. 12 Senators Galiber and Gold recorded in the 13 negative. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1506, by the Senate Committee on Rules, Senate 18 bill 6112, amends Chapter 336 of the Laws of 19 1992. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 7254 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 44. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1507, by Senator Johnson, Senate Bill Number 9 6079, Environmental Conservation Law. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 SENATOR GOLD: Lay it aside. 15 ACTING PRESIDENT FARLEY: Lay it 16 aside. Withdraw the roll call. 17 THE SECRETARY: Calendar Number 18 1508, substituted earlier today, by member of 19 the Assembly Sanders, Assembly Bill Number 20 3134A, an act to amend the Vehicle and Traffic 21 Law. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 7255 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 47. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 THE SECRETARY: Excuse me. Ayes 10 46, nays 1. Senator Mendez recorded in the 11 negative. 12 ACTING PRESIDENT FARLEY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1509, by member of the Assembly Robach, Assembly 16 Bill Number 3276, Alcoholic Beverage Control 17 Law. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 7256 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 47. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1510, by Senator Velella, Senate Bill Number 7 2230, an act to amend the Insurance Law. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 47. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1511, by Senator Montgomery, Senate Bill Number 20 3436B, authorize the Commissioner of General 21 Services to lease to not-for-profit 22 organizations certain property. 23 ACTING PRESIDENT FARLEY: Read 7257 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 48. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1512, by member of the Assembly Bragman, 12 Assembly Bill Number 6135, an act to amend the 13 Tax Law. 14 ACTING PRESIDENT FARLEY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FARLEY: Call 19 the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 48. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 7258 1 THE SECRETARY: Calendar Number 2 1513, by member of the Assembly Hoyt, Assembly 3 Bill Number 6381, New York State Archives 4 Partnership Trust Act. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 47, nays 1. 13 Senator Pataki recorded in the negative. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1514, by Senator Sears. 18 SENATOR SEARS: Star the bill. 19 ACTING PRESIDENT FARLEY: Star 20 the bill. 21 THE SECRETARY: Calendar Number 22 1515, by Senator Sheffer, Senate Bill Number 23 4132B, create a council known as the New York 7259 1 State Quality Council. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 47, nays 1. 10 Senator Libous recorded in the negative. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1518, by the Assembly Committee on Rules, 15 Assembly Bill Number 7910A, an act to amend the 16 Insurance Law, in relation to certain 17 unemployment insurance riders. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 7260 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 48. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1519, by Senator Farley, Senate Bill Number 7 5133A, an act to amend the Tax Law. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 48. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1521, by the Assembly Committee on Rules, 20 Assembly Bill Number 8044, Administrative Code 21 of the city of New York. 22 ACTING PRESIDENT FARLEY: There 23 is a home rule message here at the desk. 7261 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 48. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1523, by Senator Johnson. 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT FARLEY: Lay 14 that bill aside. 15 THE SECRETARY: Calendar Number 16 1524, by the Assembly Committee on Rules, 17 Assembly Bill Number 8582, General Business Law. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 7262 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 48. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1525, by Senator Daly, Senate Bill Number 6036, 7 an act to amend the Public Authorities Law. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 48. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1526, substituted earlier today, by the Assembly 20 Committee on Rules. 21 SENATOR SOLOMON: Lay it aside. 22 ACTING PRESIDENT FARLEY: Lay 23 that bill aside. 7263 1 THE SECRETARY: Calendar Number 2 1527, substituted earlier - 3 ACTING PRESIDENT FARLEY: What's 4 the matter? 5 SENATOR WALDON: Someone from the 6 gallery threw something in the chamber, and I 7 was objecting to that. 8 ACTING PRESIDENT FARLEY: Your 9 point is well taken. Sergeant-at-Arms, check on 10 that. 11 SENATOR WALDON: They reacted to 12 my reaction. 13 ACTING PRESIDENT FARLEY: Thank 14 you, Senator Waldon. 15 Regular order. 16 THE SECRETARY: Calendar Number 17 1527, substituted earlier today, by the Assembly 18 Committee on Rules, Assembly Bill Number 8765, 19 an act to amend the Executive Law. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 7264 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 48. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 Senator Present, that's the first 8 time through. 9 SENATOR PRESENT: Mr. President, 10 will you recognize Senator Cook, please. 11 ACTING PRESIDENT FARLEY: Senator 12 Cook. 13 SENATOR COOK: Mr. President, 14 could I remove the star on Calendar Number 954? 15 ACTING PRESIDENT FARLEY: 954 is 16 starred. 17 SENATOR COOK: No, remove the 18 star. 19 ACTING PRESIDENT FARLEY: Remove 20 the star from 954, without objection. 21 Senator Pataki. 22 SENATOR PATAKI: Mr. President, I 23 would like to place a sponsor star on Calendar 7265 1 1389. 2 ACTING PRESIDENT FARLEY: 1389 is 3 starred at the request of the sponsor. 4 Senator Present, what's your 5 pleasure. 6 SENATOR PRESENT: Mr. President, 7 let's take up the controversial calendar, 8 please. 9 ACTING PRESIDENT FARLEY: 10 Controversial calendar. Secretary will read. 11 THE SECRETARY: On page 6, 12 Calendar Number 339, by Senator Sears, Senate 13 Bill Number 3452B, with an Assembly Reprint 14 Number of 30000, Agriculture and Markets Law, in 15 relation to manufacturer's information. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 SENATOR PRESENT: Lay it aside 19 temporarily. 20 ACTING PRESIDENT FARLEY: Lay 21 that bill aside temporarily. 22 THE SECRETARY: On page 8, 23 Calendar Number 470, by member of the Assembly 7266 1 Lasher, Assembly Bill Number 18 - 2 SENATOR PRESENT: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay the 4 bill aside. 5 THE SECRETARY: On page 10, 6 Calendar Number 588, by Senator Kuhl, Senate 7 Bill Number 3539, Agriculture and Markets Law. 8 SENATOR KUHL: Lay it aside for 9 the day, please. 10 ACTING PRESIDENT FARLEY: Lay it 11 aside for today. 12 THE SECRETARY: On page 20, 13 Calendar Number 1000, by Senator Wright, Senate 14 Bill Number 4277, authorize the sale of certain 15 state land in the town of Ellisburg. 16 SENATOR GOLD: Mr. President. 17 ACTING PRESIDENT FARLEY: Senator 18 Gold. 19 SENATOR GOLD: This is a 20 two-thirds bill; isn't that right? 21 ACTING PRESIDENT FARLEY: Yes. 22 We have two-thirds, Senator Gold. 23 SENATOR GOLD: This requires 41 7267 1 votes. Last section. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 SENATOR GOLD: Party vote in the 10 affirmative. 11 THE SECRETARY: Ayes 48. 12 ACTING PRESIDENT FARLEY: The 13 bill is passed. 14 THE SECRETARY: On page 25, 15 Calendar Number 1211, by member of the Assembly 16 Mayersohn, Assembly Bill Number - 17 SENATOR MEGA: Lay it aside 18 temporarily. 19 ACTING PRESIDENT FARLEY: Could 20 you lay that bill aside temporarily. 21 THE SECRETARY: On page 25, 22 Calendar Number 1250, by Senator Hannon, Senate 23 Bill Number 4897. 7268 1 SENATOR PRESENT: Lay that 2 aside. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside. 5 THE SECRETARY: Calendar Number 6 1260, by the Senate Committee on Rules, Senate 7 Bill Number 5853A, General Municipal Law. 8 SENATOR GOLD: Explanation. 9 ACTING PRESIDENT FARLEY: 10 Explanation has been asked for. Who's got that? 11 SENATOR MALTESE: Mr. President. 12 ACTING PRESIDENT FARLEY: Senator 13 Maltese. 14 SENATOR MALTESE: As you 15 undoubtedly will recall, this is a bill that was 16 explained the other day just recently. It 17 provides that employers of police officers must 18 determine the impact of rules and regulations 19 relating to police vehicles upon the health and 20 safety of the officers assigned to these 21 vehicles. 22 As a result of the debate and 23 some of the suggestions made on the floor, the 7269 1 bill was amended, and excluded towns and 2 villages. 3 ACTING PRESIDENT FARLEY: Senator 4 Leichter, are you about to rise? 5 SENATOR LEICHTER: Senator, as I 6 understand it, you are just burdening and 7 putting the onus of this mandate on the city of 8 New York. 9 SENATOR MALTESE: On the cities. 10 SENATOR LEICHTER: On cities 11 generally. Also city of Buffalo, and so on. 12 SENATOR MALTESE: Yes, that's 13 correct. 14 SENATOR LEICHTER: All right. 15 Senator, yesterday, if you will be kind enough 16 to yield, I believe you voted for a bill that 17 all mandates would have to be funded. Am I 18 correct? 19 SENATOR MALTESE: That is 20 correct, Mr. President. 21 SENATOR LEICHTER: Yes. And 22 Senator, did that express your opinion as to 23 what should be done with mandates? 7270 1 SENATOR MALTESE: Mr. President. 2 As was indicated in the lengthy debate the other 3 day, the costs of this proposal would be de 4 minimus and would pale in comparison to the 5 benefit to be gained in the saving of lives of 6 police officers. 7 ACTING PRESIDENT FARLEY: Senator 8 Leichter. 9 SENATOR LEICHTER: Mr. President, 10 we know that there is nothing that we do here 11 that doesn't in the long run end up saving 12 money. In fact, we pass a few more bills like 13 this by Senator Maltese, we will have a negative 14 -- we will have a negative budget. We won't 15 have to raise any taxes, any revenue, and so 16 on. 17 But, Senator, let's get serious. 18 It may be laughable because it's July 4th, and 19 we're doing one-house bills, and bills that I 20 frankly submit are very little merit. But if 21 you're going to call us in here, if we're going 22 to look foolish by being here July 4th doing 23 things that we should have done in May or June 7271 1 -- I know some people got in their vacation 2 early in May and went off to Europe. Some of us 3 have been here all along, Senator. 4 So we want to treat this -- you 5 know, if we're going to do it, it's a laugher in 6 some respects, but we're not going to treat it 7 as a laugher. Senator, so what I'd like to 8 understand from you is how if the -- as a result 9 of this bill whether the city of New York or the 10 city of Buffalo, some other cities, are going to 11 require or be forced to have two police officers 12 in cars where they believe that one may be 13 perfectly satisfactory, how is that not going to 14 cost money? 15 SENATOR MALTESE: Mr. President. 16 The bill does not provide for the placement of 17 any number of police officers in the car. What 18 it does is it calls for a detailed comprehensive 19 review, the same review that the municipalities 20 would go through in order to make this change in 21 any event and, further, calls for a further 22 review by the Industrial Board of Appeals, which 23 can be done by a simple petition. 7272 1 SENATOR LEICHTER: Senator, if 2 you would be good enough to answer. Isn't it a 3 fact that as a consequence of this bill, there 4 will be occasions when whether it's the city of 5 New York or the city of Buffalo will want to 6 have one police officer in the car that they 7 will now have to submit that issue to a body 8 that is not part of the municipal corporation 9 that will make that final decision? 10 SENATOR MALTESE: The answer, Mr. 11 President, is yes. 12 SENATOR LEICHTER: And isn't it a 13 fact that the consequence of this is that there 14 may be occasions when the city of New York or 15 another city will deem that they sufficiently 16 meet the safety needs of police officers; and to 17 meet the needs of the security of people in the 18 city of New York or these other cities, that 19 they will want to have one police officer; and 20 that the consequence of the procedure set by 21 your bill will be that they will be forced to 22 have two officers in the car? 23 ACTING PRESIDENT FARLEY: Will 7273 1 you yield to that other question? 2 SENATOR MALTESE: Yes, Mr. 3 President, I will yield. And I would like to 4 say that it is my earnest hope and desire that 5 after that review that will be called for, in 6 any event, if that decision would be made that 7 it would be made because of the issue of safety 8 for these brave police officers would be 9 paramount. So in this case, what we're seeking 10 to do is to simply ensure that in a case where 11 there perhaps might be a precipitous or 12 ill-advised action simply for fiscal purposes, 13 they would then pause. This would give them the 14 pause and force, perhaps -- in response to 15 Senator Leichter, perhaps force them to do the 16 right thing. 17 SENATOR LEICHTER: Mr. President. 18 ACTING PRESIDENT FARLEY: Senator 19 Leichter. 20 SENATOR LEICHTER: Yes. If 21 Senator Maltese continues to yield. 22 Senator, thank you. I think 23 we're getting more to the point. You want to 7274 1 force them to do this, to have two police 2 officers. And a consequence of that clearly is 3 a cost to the municipality, is it not? 4 SENATOR MALTESE: Mr. President, 5 that's so. 6 SENATOR LEICHTER: Right. Getting 7 back to my question. Where is the - 8 ACTING PRESIDENT FARLEY: Senator 9 -- would you yield for another question? 10 SENATOR MALTESE: Mr. President, 11 yes. And anticipating the remainder of Senator 12 Leichter's questions, there is no requirement 13 when we speak of these mandates, whether 14 unfunded or funded, that every consequence, 15 every natural consequence of every legislative 16 act that we pass could be anticipated, 17 contemplated and then paid for. 18 What we would provide for is the 19 acts called for by this specific legislation 20 which simply calls for the detailed 21 comprehensive review and, in addition, calls for 22 the appellate procedure. 23 SENATOR LEICHTER: Then - 7275 1 ACTING PRESIDENT FARLEY: Senator 2 Leichter. 3 SENATOR LEICHTER: If Senator 4 Maltese continues to yield. 5 Then as I understand it, Senator, 6 what you are saying is that there are some 7 mandates where for one reason or another we may 8 not fund them. Do I understand you correctly? 9 SENATOR MALTESE: Mr. President, 10 I don't understand you correctly, Senator 11 Leichter. 12 SENATOR LEICHTER: Well, Senator, 13 we have finally reached the point where you 14 conceded that the consequence of your bill may 15 be a cost to the municipality, and we agree 16 that's a mandate. It's being imposed by this 17 legislative body on the municipality. 18 We have also established - 19 SENATOR MALTESE: No, Mr. 20 President. 21 ACTING PRESIDENT FARLEY: Hold on 22 now. Let's not have a two-way conversation 23 here. 7276 1 SENATOR MALTESE: Mr. President, 2 if I might ask Senator Leichter to yield. 3 ACTING PRESIDENT FARLEY: Would 4 you yield, Senator Leichter? 5 SENATOR LEICHTER: I was in the 6 middle of a question, but I will yield. 7 SENATOR MALTESE: The statement 8 by Senator Leichter said that this was a 9 mandate. The very point I'm attempting to make 10 is that if it is a mandate, it is a 11 consequential mandate rather than a direct 12 mandate. 13 SENATOR LEICHTER: Senator, so do 14 I understand it that when you voted for this 15 bill that said mandate must be funded, you had a 16 mental reservation that consequential mandates, 17 whatever that is, need not be funded. Is that 18 correct? 19 SENATOR MALTESE: Mr. President. 20 What I had in mind at that time would be 21 mandates called for by legislative statutes that 22 I believe would be specific and include those 23 actions which would be included in the scope, 7277 1 within the scope of the legislation. This is a 2 piece of legislation which could result in a 3 variety of actions, and some of those actions 4 would not call for the expenditure of any funds 5 by the municipality. 6 SENATOR LEICHTER: Mr. President. 7 ACTING PRESIDENT FARLEY: Senator 8 Leichter. 9 SENATOR LEICHTER: If Senator 10 Maltese would yield. Senator, would it be fair 11 to say then that maybe the reservation on 12 funding mandates is if it's a Maltese mandate 13 that's all right, but if it's a mandate by 14 somebody else that ain't all right. Would that 15 be a fair expression? 16 SENATOR MALTESE: Mr. President. 17 Since I do not have the final word but simply 18 speak on behalf of the constituents in the 15th 19 Senate District, I would like the set of 20 circumstances enumerated by Senator Leichter to 21 be the case, but, unfortunately, that's not so. 22 SENATOR LEICHTER: Mr. President. 23 ACTING PRESIDENT FARLEY: Senator 7278 1 Leichter. 2 SENATOR LEICHTER: Mr. 3 President. I think we all know what's being 4 done here. I think it's unfortunate, and again 5 it shows hypocrisy, double standard -- you know, 6 home rule, boy, we run that flag up the flag 7 pole and wave it, you know, when we think it's a 8 good argument for position, but when we have a 9 bill like this and we want to violate home rule 10 and tell the cities of New York how they're 11 going to manage their police departments, home 12 rule is unimportant. 13 And we are going to fund 14 mandates. It's terrible what this Legislature 15 does in putting mandates on municipalities and 16 not funding it. Now, I think it's pretty clear 17 from the discussion that Senator Maltese and I 18 had, and I think he conceded it, whether he 19 wants to call it consequential or whatever, this 20 is a mandate pure and simple. 21 And, in fact, it is a very 22 expensive mandate. Moreover, it's an 23 unconscionable interference by this legislative 7279 1 body in the operation of the police 2 departments. 3 And let me say, Senator Maltese, 4 I think that the Police Commissioner of the city 5 of New York is as concerned about the safety of 6 the men and women as you are, as I am, and you 7 are genuinely concerned, but I think he is, 8 too. And I think when the police department 9 makes a determination that in certain 10 neighborhoods one-officer cars is sufficient 11 that is a decision that I think legislatively we 12 should not interfere with. 13 The police commissioner has many 14 considerations. You talk about saving the lives 15 of police officers. I don't know if you have 16 any study or any statistics or anything which 17 shows that, in fact, your bill is going to save 18 any police officers' lives whatsoever. But I'll 19 tell you one thing it certainly will do. It 20 will place many, many thousands, hundreds of 21 thousands of people, maybe millions of people at 22 risk, because if your bill were to become law 23 and if police officers were required that there 7280 1 be two of them in every police car, that means 2 there's going to be less police cars out there. 3 There's going to be less police officers out on 4 the streets, and I'm positive that it's going to 5 lead to the loss of life, and it's going to lead 6 possibly to -- not possibly but unquestionably 7 will lead to an increase in crime. 8 This is just the wrong thing for 9 us to be doing but particularly on July 4th. 10 Mr. President, I hope very much this bill will 11 be defeated. And as we called for a slow roll 12 call last time, we will call for one again this 13 time. 14 SENATOR LIBOUS: Mr. President. 15 ACTING PRESIDENT FARLEY: Just a 16 minute. I've got a list here. Did you want - 17 SENATOR LIBOUS: I was going to 18 ask Senator Leichter if he would yield. 19 ACTING PRESIDENT FARLEY: Senator 20 Libous. 21 SENATOR LIBOUS: Senator 22 Leichter, would you yield for just one 23 question? 7281 1 SENATOR LEICHTER: Excuse me? 2 SENATOR LIBOUS: Would you yield 3 for just one question? 4 SENATOR LEICHTER: Yes. 5 SENATOR LIBOUS: I'm curious, 6 Senator. Have you ever voted for a mandate in 7 this chamber before? 8 SENATOR LEICHTER: Certainly. 9 SENATOR LIBOUS: Thank you. 10 SENATOR LEICHTER: But, Senator 11 Libous, I will tell you one thing I didn't do. 12 I didn't vote for a bill to fund all mandates 13 and then the next day vote to put an enormously 14 expensive mandate on municipalities and when 15 called to account say, "Well, you know, it's 16 consequential," whatever that is. Senator, I 17 hope that I have not been that contradictory in 18 my action. 19 ACTING PRESIDENT FARLEY: Senator 20 Dollinger. 21 SENATOR DOLLINGER: Mr. 22 President, would Senator Maltese yield to a 23 couple of questions? 7282 1 SENATOR MALTESE: Yes, Mr. 2 President. 3 ACTING PRESIDENT FARLEY: Senator 4 Maltese, would you yield? 5 SENATOR DOLLINGER: Just so I 6 understand the amendments, Senator, you 7 eliminated the provision of this bill for towns 8 and villages? 9 SENATOR MALTESE: Mr. President, 10 the answer is yes, in the affirmative. 11 SENATOR DOLLINGER: Could you 12 explain - 13 ACTING PRESIDENT FARLEY: It's 14 getting a little noisy here. I know that 15 everybody wants to hear these questions, so 16 let's keep your conversations down. 17 SENATOR DOLLINGER: Again, if you 18 will yield. Mr. President. 19 Could you tell me what about 20 towns and villages that makes this not good for 21 towns and villages, but yet makes it good for 22 all cities, including small cities in the state 23 of New York? 7283 1 SENATOR MALTESE: Mr. President. 2 What was brought forward very forcibly at the 3 time of the debate and thereafter was the fact 4 that the non-cities, especially some of the 5 towns and villages, number 1, had a great deal 6 less crime but, number 2, and more importantly, 7 had many situations where the amount of police 8 officers or amount of patrol cars was less than 9 three or four or five and, therefore, the 10 provisions of this act would be too all 11 encompassing when it would provide for this 12 review and the subsequent appeal where you had 13 very little personnel or police cars available 14 to comply with the provisions of the act. 15 SENATOR DOLLINGER: But, again, 16 through you, Mr. President. That may not be 17 true with all towns. I represent one of the 18 largest towns in New York State, has a very 19 sizeable police force. That argument wouldn't 20 hold true there, in the town of Greece, for 21 example which has about 100 people on its police 22 force? 23 SENATOR MALTESE: Mr. President. 7284 1 Towns, of course, would, I assume, also include 2 towns like the town of Hempstead with some 3 900,000 people, but this bill would be a start, 4 a step in the right direction, and we could 5 provide for the addition thereto of certain 6 areas of large population in the future, if 7 Senator Dollinger would care at that point to 8 join me in co-sponsorship of such a bill. 9 SENATOR DOLLINGER: Mr. 10 President. I will decline the co-sponsorship, 11 but if Senator Maltese would yield to a couple 12 more questions. 13 ACTING PRESIDENT FARLEY: Would 14 you yield for a couple more questions? 15 SENATOR MALTESE: Yes. 16 SENATOR DOLLINGER: So in other 17 words there's some big towns and some little 18 tiny cities, and your bill is only going to 19 apply to the cities and not to the big towns; is 20 that correct? 21 SENATOR MALTESE: Mr. President, 22 the answer is correct. The answer is yes. 23 SENATOR DOLLINGER: And the 7285 1 problem may be just as extensive in the big 2 towns, in fact more extensive, than it is in 3 small cities, but you are simply going to 4 require the small cities to comply with this? 5 SENATOR MALTESE: Mr. President, 6 every journey begins with one step, so that's 7 what this bill seeks to do. 8 SENATOR DOLLINGER: That's the 9 other question, Mr. President, if again Senator 10 Maltese will yield. 11 I understand, Senator, and I 12 think you have talked in this chamber about the 13 importance of home rule and local control, which 14 are important ingredients in your political 15 philosophy. Is that correct? 16 SENATOR MALTESE: Mr. President, 17 the answer is yes. 18 SENATOR DOLLINGER: And you would 19 like to see as many critical decisions made as 20 close to the people as possible; isn't that also 21 correct? 22 SENATOR MALTESE: Mr. President, 23 in the ordinary circumstance, this would indeed 7286 1 be correct. At the same time, there are 2 situations where people make errors. There are 3 situations where people proceed, as I indicated 4 earlier in precipitous or ill-advised manner 5 where fiscal considerations are concerned, and 6 sometimes these self-same people, whether they 7 have positions of public authority or trust or 8 not, put the fiscal issues paramount to the life 9 and safety of not only the police officers but 10 the people within their constituencies. 11 SENATOR DOLLINGER: Again through 12 you, Mr. President. Isn't it fair to say, 13 Senator Maltese, that exactly the decision that 14 you described, making decisions between 15 expenditure of money and life and safety, that 16 issue is best made by elected officials at the 17 local level who can be replaced by elected 18 voters in the annual course of their elections. 19 Isn't that the right way to do it, Senator? 20 SENATOR MALTESE: Mr. President, 21 in the ordinary course of circumstances, the 22 answer is yes. 23 SENATOR DOLLINGER: Okay. So 7287 1 that is the principle we should be working on, 2 is that correct, in this bill? 3 SENATOR MALTESE: Mr. President. 4 Whether it's correct with this bill or all bills 5 is a matter that has to be determined on a basis 6 of study and examination of the individual bill 7 and the circumstances and surroundings of the 8 situations which the bill seeks to address. 9 SENATOR DOLLINGER: Again through 10 you. 11 ACTING PRESIDENT FARLEY: Senator 12 Dollinger. 13 SENATOR DOLLINGER: Through you, 14 Mr. President. Given that background, Senator, 15 why would you have the Industrial Board of 16 Appeals that sits in Albany, that has no 17 experience making these decisions, why would you 18 have them -- allow them to make a binding 19 decision on a de novo basis which gives no 20 weight at all, legally, to the decision of the 21 local officials who are the closest to the 22 people, who have management of the public fiscal 23 -- who are the ones closest to the tax dollars, 7288 1 who are the ones who are charged by the 2 Constitution in this state? Why would you let 3 the board of appeals to make that decision, a 4 bunch of bureaucrats in Albany? 5 SENATOR MALTESE: Mr. President, 6 the circumstances behind the thought processes 7 in making this particular board the board of 8 appeals was to have somebody concerned with 9 safety, public safety, make a decision in a 10 review manner, and this board was considered as 11 good as some and better than most. 12 SENATOR DOLLINGER: Final 13 question, Mr. President, then I would like to 14 speak on the bill. When you use the term "de 15 novo" in this bill, Senator, doesn't that mean 16 that the local decision is given no weight at 17 all, that the Industrial Board of Appeals 18 reviews this like nobody had ever made a 19 decision at all? Isn't that what you intend to 20 do? 21 SENATOR MALTESE: Mr. President. 22 That is not the case. The Industrial Board of 23 Appeals would be compelled by -- the members of 7289 1 that board by the obligations of their office to 2 consider any and all circumstances, information, 3 including any of the information brought before 4 them by the parties concerned. And it would 5 seem to me that both the municipalities and the 6 representatives of the police officers would be 7 derelict in their duties if they did not bring 8 this information to the board. 9 SENATOR DOLLINGER: Mr. 10 President. On the bill. 11 ACTING PRESIDENT FARLEY: On the 12 bill. Senator Dollinger. 13 SENATOR DOLLINGER: Senator 14 Maltese and I agree on one thing. It's the 15 fundamental philosophy of this state that 16 judgments about public safety in cities as well 17 as villages and towns and how they spend their 18 money and the relationship between how many 19 police officers they have, whether they hire new 20 officers, whether they dismiss officers, all of 21 those decisions should be best made by local 22 governments, by local city governments, city 23 council members, a mayor, someone who is elected 7290 1 by all the people in the city, by city 2 councilmen. I look over there and see other 3 city councilmen who served on the city council, 4 Senator DeFrancisco who served in Syracuse, and 5 elsewhere. 6 These decisions should be made by 7 the people who have to account to their voters 8 for where they are going to spend the money and 9 how they are going to protect the public 10 safety. The concept of home rule and local 11 control of public safety is a vital component of 12 this government. 13 This bill -- this bill drives 14 that concept absolutely into the ground, because 15 what it suggests is that in specific instances 16 in which the city elects to reduce the number of 17 officers and police vehicles, that decision is 18 going to be reviewed de novo, that means with no 19 weight at all attached to the local community. 20 Forget that the city council voted nine to 21 nothing to do it. Forget that the city council 22 couldn't afford it. 23 This bill will transfer to a 7291 1 group of bureaucrats in Albany with five members 2 who have no experience in public health and 3 safety, who have no accountability to the 4 voters, who have no authority to raise taxes, it 5 will pass to them the vital decision over the 6 future of public safety in cities in this 7 state. 8 It is unconscionable that we are 9 taking that vital public safety power out of the 10 hands of those who are accountable, out of the 11 hands of the people who raise the taxes, out of 12 the hands of the people who are elected to make 13 these decisions, and passing it to a group of 14 bureaucrats 220 miles away who have no 15 accountability to no voters at all. 16 I would submit that this bill is 17 like handing the financial key to the city to 18 the Industrial Board of Appeals. There's 19 nothing in the state Constitution and nothing in 20 law that does or should give a nameless, 21 faceless group of bureaucrats the power to 22 decide public safety in the city of Rochester, 23 in Buffalo, in Syracuse, in Binghamton, in 7292 1 Amsterdam and Albany and all the other small 2 cities that this bill will be affected by. 3 Recognize that you are giving an 4 extremely important power over to a nameless, 5 faceless group of bureaucrats. It doesn't 6 belong there. 7 This bill ought to be defeated. 8 It is, as Senator Leichter said, 9 pure and simple, an unfunded mandate that 10 fundamentally destroys the concept of local 11 control and home rule over vital matters of 12 public safety. I will vote no. 13 ACTING PRESIDENT FARLEY: Senator 14 Waldon. 15 SENATOR WALDON: Thank you very 16 much, Mr. President. Would Senator Maltese 17 yield to a question? 18 SENATOR MALTESE: Yes, Mr. 19 President. 20 ACTING PRESIDENT FARLEY: He 21 will. 22 SENATOR WALDON: Thank you, Mr. 23 President. Senator, thank you. Senator, would 7293 1 this bill apply to the city of Albany? 2 SENATOR MALTESE: Yes, it would. 3 SENATOR WALDON: Let's assume 4 that on this day, July 4, 1993, at about two 5 minutes to 5:00 that all hell were to break 6 loose on the reflecting pool, that every car 7 assigned to patrol at this time on this tour, 8 the 4:00 to 12:0, or if it's a special patrol 9 unit, the 6:00 p.m. to 2:00 a.m., had to be - 10 Mr. President, I can't hear 11 myself think. 12 ACTING PRESIDENT FARLEY: Your 13 point is well taken. 14 Would you please hold the 15 conversations down, or the sergeant-at-arms will 16 ask you to leave the chamber. 17 SENATOR WALDON: The chief of 18 police of the city of Albany, recognizing the 19 riotous condition facing him because all hell 20 broke loose out on the reflective pool, had to 21 immediately make some decisions, and what he 22 said to his captains, lieutenants and sergeants 23 is, "Remove all two-man patrols, reduce them to 7294 1 one-man patrols. Let's double the cars on the 2 street at this time to confront and deal with 3 the situation so that we may manage the safety 4 and security of all the people in the city of 5 Albany." 6 Would that require that this 7 chief of police submit for consideration under 8 the mandate? And I'm not talking about mandate, 9 per se, as described by Senator Dollinger. I'm 10 talking about the procedural mandates of your 11 bill. 12 SENATOR MALTESE: Mr. President. 13 No, because -- the reply is no because all of 14 the cities have contractual obligations with the 15 members of the police forces within their 16 jurisdictions. If they, in the course of any 17 emergency affecting public safety, make 18 decisions, first of all, they would always be 19 entitled to make those decisions. If subsequent 20 to the making of those emergency decisions, 21 there might be some determination between the 22 parties that the rules or the terms of the 23 contract were violated, that would be up to 7295 1 whatever review procedure they had. 2 So in response to the question, 3 if the emergency situation would arise, the 4 field commanders, whatever their ranks, would 5 have the duty and the obligation to proceed to 6 correct the situation in whatever manner they 7 deem fit. 8 SENATOR WALDON: May I continue, 9 Mr. President? 10 ACTING PRESIDENT FARLEY: Senator 11 Waldon. 12 SENATOR WALDON: Did you continue 13 to yield, Senator Maltese? 14 SENATOR MALTESE: Yes. 15 SENATOR WALDON: From what you 16 just said, if I heard you correctly, you're 17 saying that the field commanders are those who 18 should make the decisions about the manner in 19 which they utilize the personnel and the 20 mechanized situations they have under their 21 control, i.e., radio remote control cars and 22 other vehicles, EMS vehicles and whatever. Is 23 that what you're saying? 7296 1 SENATOR MALTESE: Mr. President, 2 the question was referring to an emergency 3 situation. Every police department would have 4 their own rules and regulations in effect as to 5 the proper procedures to follow, and the field 6 commanders in some cases would have the 7 authority to act without concurrence or 8 affirmance from their superior officers, but it 9 would not affect long-term consequences of this 10 statute. 11 SENATOR WALDON: May I ask 12 another question? 13 ACTING PRESIDENT FARLEY: Senator 14 Waldon, I'm sure that Senator Maltese will 15 yield. 16 SENATOR MALTESE: Yes. 17 SENATOR WALDON: Senator, are you 18 saying that what you are suggesting with this 19 piece of proposed legislation would be in 20 violation of the PBA's, in all of the cities 21 concerned, contract with its respective city or 22 it would not be in violation of that contractual 23 relationship? 7297 1 SENATOR MALTESE: Mr. President, 2 I'm not familiar with all the terms and 3 consequences of the contracts between the cities 4 and their police forces. What I am saying is 5 that this bill would seek to make a change that 6 would have to be observed by the municipalities 7 involved, and it would supersede or countermand 8 any positions previously taken or contemplated 9 by the municipality to reduce police officers in 10 the cars, for instance, some of the actions that 11 have recently been contemplated or taken in the 12 city of New York with respect to sergeants and 13 lieutenants and individual police officers. 14 ACTING PRESIDENT FARLEY: Senator 15 Waldon. 16 SENATOR WALDON: Thank you, Mr. 17 President. Senator Maltese, earlier, you said 18 on the emergency conditions, if I heard you 19 correctly, the field commanders have a right to 20 do what they have to do. Just now you said that 21 this contractual obligation, if I heard you 22 correctly -- and correct me if I'm wrong -- is 23 something that has been agreed upon between the 7298 1 parties, the PBA, its representatives, and the 2 City, but does not necessarily violate what you 3 are talking about, the inference being that 4 unless there is a long-range change of the 5 assignment of personnel -- and the specific 6 example you gave, lieutenants and their drivers, 7 if I understand you correctly, and sergeants and 8 their drivers, there is no conflict between what 9 you are proposing and that. Is that correct? 10 SENATOR MALTESE: Mr. President, 11 somewhere along the way I lost Senator Waldon. 12 But the point that I was attempting to make is 13 that we can not equate an emergency situation 14 with a situation and a long-standing practice 15 which would be initiated and followed through on 16 by a municipality. What this is seeking to do 17 is limit to some degree the freedom of action of 18 a municipal official who might act in a 19 precipitous manner rather than upon due 20 deliberation. 21 SENATOR WALDON: I'm coning to a 22 close, Mr. President. If I may ask just a few 23 more questions. 7299 1 ACTING PRESIDENT FARLEY: Will 2 you yield to another few more questions? 3 SENATOR MALTESE: Yes. 4 SENATOR WALDON: Thank you, Mr. 5 President. Senator Maltese, is included in what 6 you have said earlier about the field commander 7 your judgment that the best person to make 8 decisions on police personnel and assignments is 9 the field commander and/or his superior, ergo 10 the chief of police and all subordinate 11 personnel up to the line of execution, meaning 12 the police officer on the street which would be 13 sergeants, lieutenants, captains, majors, 14 colonels, chief of police. Is that correct? 15 SENATOR MALTESE: Mr. President, 16 similar to warfare in the field for an army in 17 the field or a battalion or a regiment or any 18 division of the army, it all depends. And the 19 answer to that question is it all depends. Is a 20 field commander who may be overly concerned with 21 his actions in line with his possible retirement 22 or actions as far as possible promotion always 23 be superior to someone a little up further on 7300 1 the line who would have more of an overview of 2 someone perhaps even further up the line who 3 would be an elected or appointed official. So, 4 again, I guess the answer is, it all depends. 5 SENATOR WALDON: Yes. Mr. 6 President. I was not startled by your response, 7 Senator, but I found it rather amusing. 8 Let me just zero in on where I 9 really want to go with all of this. The field 10 commander is responsible to his appointing 11 authority, which would be normally the chief of 12 police because all ranks above captain are 13 politically determined. The chief of police is 14 a political appointee of the mayor. 15 So, ultimately, as I understand 16 these operations, from the mayor to the chief of 17 police down to the person who executes on the 18 street is where the chain of command runs. 19 Is it your perception that if the 20 chief of police fails and if the mayor fails in 21 terms of taking care of business, the security 22 of the streets of this city that we're now 23 meeting in, Albany, that they should be 7301 1 answerable to the voting public? 2 SENATOR MALTESE: Mr. President, 3 I don't know whether they should be in all 4 circumstances answerable to perhaps the whims of 5 the voting public. But I think that in this 6 particular case in the fulfillment of our 7 responsibilities and obligations as elected 8 officials, we are contemplating the passage of a 9 statute which would affect their judgment and 10 limit and circumscribe their judgment in a 11 specific case. 12 So I guess, in response to the 13 Senator, in some respects they would be subject 14 to the elected officials. 15 SENATOR WALDON: Thank you very 16 much, Senator Maltese. 17 ACTING PRESIDENT FARLEY: Senator 18 Waldon. 19 SENATOR WALDON: If I may speak 20 briefly on the bill. 21 Senator Maltese, I have had many 22 conversations with you. I never experienced as 23 much of a convoluted response as you were able 7302 1 to render today on the floor. I admire the 2 fiction that sometimes we hear here in the 3 chamber. It was done, I'm sure, because of your 4 position on this issue. 5 Let me speak to my position. 6 I feel it's a mistake to take 7 away the authority for assignment of personnel 8 from the chief of police whatever the city. I 9 feel it's a mistake to interfere with the 10 relationship between the chief of police and his 11 appointing authority, the mayor, when it comes 12 to execution on the street level in terms of 13 maintaining safety and security, whether it be 14 in Albany, in New York City, whether it be in 15 the town of Greece as described by Senator 16 Dollinger. I think that is a mistake. 17 And normally I support the PBA on 18 almost every issue and every concern. But on 19 this one issue, simply because I think it's 20 taking away the authority of the person 21 responsible for the safety and security of the 22 streets, especially in the city of New York, I 23 will have to oppose this bill and vote in the 7303 1 no. 2 ACTING PRESIDENT FARLEY: Senator 3 Oppenheimer. 4 Oh, Senator Gold, you're next. 5 SENATOR GOLD: I'll yield to 6 Senator Oppenheimer and then you can come back 7 to me. 8 ACTING PRESIDENT FARLEY: Senator 9 Oppenheimer, Senator Gold yielded -- yields his 10 place to you. 11 SENATOR OPPENHEIMER: I don't 12 know if I'll yield back. 13 SENATOR GOLD: On the other 14 hand. 15 SENATOR OPPENHEIMER: On the 16 other hand. I will be very brief because a lot 17 of the points I wanted to make have already been 18 made. 19 If the Senator would yield for a 20 question, please. Thank you. 21 ACTING PRESIDENT FARLEY: Would 22 you yield to another question? 23 SENATOR OPPENHEIMER: Senator 7304 1 Maltese, is this a one-house bill? 2 SENATOR MALTESE: Mr. President, 3 in response to the question, I have been advised 4 as near as I can ascertain that as of this 5 morning there was no "same as". If we have an 6 extended session, that before the end of the day 7 there is a "same as". So I guess the answer is, 8 at this point in time, your guess is as good as 9 mine. 10 SENATOR OPPENHEIMER: If the 11 Senator will yield again? I think you may have 12 answered my question. 13 ACTING PRESIDENT FARLEY: Would 14 you yield again? 15 SENATOR MALTESE: Yes. 16 SENATOR OPPENHEIMER: And that 17 question is, do you believe that within the next 18 24 hours you will get an Assembly sponsor? 19 SENATOR MALTESE: Mr. President, 20 the problem was not in the Assembly sponsor. 21 The problem was in trying to ascertain whether 22 the bill would end up being properly introduced 23 and end up hitting the floor. 7305 1 SENATOR OPPENHEIMER: Thank you, 2 Senator. 3 On the bill. I just wanted to 4 reiterate a couple of things. As most of you 5 know in the chamber, I was a mayor and I felt 6 very strongly about home rule and bills like 7 this really call into question the competence of 8 the local mayors, the local police chiefs, to 9 concern themselves, the competence to be 10 involved and care enough about their communities 11 and the safety of their people. There is the 12 electoral process to take care of those mayors 13 and other elected officials who are not really 14 caring about their communities and watching over 15 them and paying serious attention to the needs 16 of those communities. 17 I would point out that in 18 involving cities, you involve small cities such 19 as the city where my office is in the district 20 which is Rye city, which has a population of 21 15,000 people. That city is smaller than the 22 village where I was mayor, where we had a 23 population of almost 20,000 people. 7306 1 What happens in these small 2 cities is very often we have our patrols on the 3 street not in cars. We feel that street patrols 4 are more valuable in controlling crime and 5 offering the residents of the community a 6 feeling of security than a car patrol. 7 Therefore, it would probably be necessary to 8 take some people off the street and put them 9 into cars which we feel is counterproductive and 10 doesn't serve the interests of the 11 municipalities and the residents. 12 And the last point is that many 13 of us who do come out of local government 14 believe that home rule is an important 15 philosophic standard in our state and something 16 that the Legislature should not be involving 17 itself in unless it's a matter which perhaps the 18 Legislature has more authority, but it certainly 19 isn't in this instance, and I would vote no on 20 this bill. 21 ACTING PRESIDENT FARLEY: Senator 22 Gold. 23 SENATOR GOLD: Mr. President. I 7307 1 heard the comments made by a number of people 2 and I think it's just a language problem 3 really. When the Republicans say they are not 4 for unfunded mandates, the idea is that is a 5 statement of policy that's supposed to be 6 printed. Then it's printed and it's in the 7 book. And when you read that in the paper, now 8 that memorializes it. It's in the book. Then 9 they can do whatever they want to. 10 They are not for taxes. Then 11 they vote for $5 billion in taxes, because it's 12 already been out there in a press release, you 13 see, so it's in the book. 14 I think it was Jackie Mason. I 15 can talk now because he is not a candidate any 16 more. But he had this whole business on a 17 former president. I won't mention Reagan by 18 name. But he goes like, he says, "Mr. 19 President, you knew." And Ronald Reagan says, 20 "I didn't know." He says, "But you did know." 21 He says, "Well," he says, "maybe I kn.... Yeah, 22 maybe." And he says, "But you knew." And he 23 says, "Well, maybe I knew a little." And it 7308 1 goes on and on, and he admits he knew. 2 Senator Maltese, you are a bright 3 man. You are a wonderful lawyer. Thankfully, 4 you were assistant D.A. in my county. You kept 5 us safe for a while. But any way you look at 6 it, the memorandum from the Conference of Mayors 7 has a big stamp. It says, "unfunded mandate". 8 The memo from the city of New York says it's an 9 unfunded mandate. You are either for unfunded 10 mandates or you are against unfunded mandates. 11 There is no such thing as being in the middle. 12 There was a bill the other day by 13 Senator Velella which had some debate on this 14 floor, and I supported that bill. This is just 15 so different, so completely different. This 16 really is taking over the various police 17 departments. 18 And I must say I'm particularly 19 impressed by the arguments made by some of my 20 colleagues outside the city of New York, because 21 it does have great effect there. I'm impressed 22 by the comments of my colleague from Queens who 23 does have police experience. 7309 1 And this really is a terrible 2 bill; and, whereas there have been worse, 3 Senator Maltese, I will concede that. 4 There has been a request on this 5 side for a slow roll call, and there will be a 6 slow roll call. And I urge all my colleagues to 7 support their localities on this issue and to 8 vote against the bill. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. Slow roll call has been asked 11 for. Ring the bell. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE SECRETARY: Senator Babbush. 15 (There was no reply. ) 16 Senator Bruno. 17 SENATOR BRUNO: Yes. 18 THE SECRETARY: Senator Connor. 19 (There was no reply. ) 20 Senator Cook. 21 (There was no reply. ) 22 Senator Daly. 23 (There was no reply. ) 7310 1 Senator DeFrancisco. 2 (There was no reply. ) 3 Senator Dollinger. 4 SENATOR DOLLINGER: To explain my 5 vote, Mr. President. 6 ACTING PRESIDENT FARLEY: Senator 7 Dollinger to explain his vote. 8 SENATOR DOLLINGER: To para 9 phrase the words of the immortal George M. 10 Cohan, "This is a Yankee Doodle dud born on the 11 4th of July." I vote strongly in the negative. 12 ACTING PRESIDENT FARLEY: Senator 13 Dollinger is in the negative. 14 Continue the roll call. 15 THE SECRETARY: Senator Espada. 16 SENATOR ESPADA: (Indicating no. ) 17 THE SECRETARY: No. Senator 18 Farley. 19 SENATOR FARLEY: Yes. 20 THE SECRETARY: Senator Galiber. 21 SENATOR GALIBER: No. 22 THE SECRETARY: Senator Gold. 23 SENATOR GOLD: No. 7311 1 THE SECRETARY: Senator 2 Gonzalez. 3 (There was no reply. ) 4 Senator Goodman. 5 (There was no reply. ) 6 Senator Halperin. 7 SENATOR HALPERIN: No. 8 THE SECRETARY: Senator Hannon. 9 SENATOR HANNON: (Indicating 10 yes. ) 11 THE SECRETARY: Aye. Senator 12 Hoffmann. 13 SENATOR HOFFMANN: To explain my 14 vote. 15 ACTING PRESIDENT FARLEY: Senator 16 Hoffmann to explain her vote. 17 SENATOR HOFFMANN: I had not 18 intended to speak on this bill. But after 19 listening to some of the descriptive language, I 20 pulled the bill out and read it rather than 21 relying simply on the memorandum. And I am so 22 shocked to see this language here, not just 23 because it is an unfunded mandate because the 7312 1 arrogance of this language makes all of us look 2 bad in this chamber. The suggestion that 3 somehow people in local governments do not take 4 into consideration the safety of police officers 5 is just absolutely one of the most insulting 6 things I've heard, and there were many insulting 7 things that have gone around the last couple of 8 days, but this is truly a tremendous insult to 9 the people who are elected to serve in the 10 municipalities of New York State. 11 I served for a number of years on 12 the Syracuse Common Council. During my three 13 terms, I was a member of the public safety 14 committee, and I was proud of the way that we 15 would earnestly grapple with our budgetary 16 problems, always prioritizing the public safety 17 of the citizens and of the police and fire 18 officers of that city above many, many other 19 pressing concerns. And I don't believe that the 20 people who are elected in the rest of the cities 21 of this state care any less about the police 22 officers who they support through their 23 budgetary concerns. 7313 1 So I will be very happy to vote 2 no on this measure, but I'm very sad that here 3 we are on the 4th of July sending yet another 4 message to the taxpayers of this state that 5 shows that we hold in contempt people elected to 6 serve at the local levels of government. 7 ACTING PRESIDENT FARLEY: Senator 8 Hoffmann in the negative, I think. Right? 9 SENATOR HOFFMANN: In the 10 negative. 11 ACTING PRESIDENT FARLEY: Senator 12 Holland. 13 SENATOR HOLLAND: Aye. 14 THE SECRETARY: Senator Johnson. 15 (There was no reply. ) 16 Senator Jones. 17 SENATOR JONES: No. 18 THE SECRETARY: Senator Kuhl. 19 SENATOR KUHL: Aye. 20 THE SECRETARY: Senator Lack. 21 SENATOR LACK: Aye. 22 THE SECRETARY: Senator Larkin. 23 SENATOR LARKIN: Aye. 7314 1 THE SECRETARY: Senator LaValle. 2 SENATOR LAVALLE: Aye. 3 THE SECRETARY: Senator Leichter. 4 SENATOR LEICHTER: No. 5 THE SECRETARY: Senator Levy. 6 (There was no reply. ) 7 Senator Libous. 8 SENATOR LIBOUS: Aye. 9 THE SECRETARY: Senator Maltese. 10 SENATOR MALTESE: Aye. 11 THE SECRETARY: Senator Marchi. 12 SENATOR MARCHI: Aye. 13 THE SECRETARY: Senator Marino. 14 (Indicating "Aye." ) 15 THE SECRETARY: Aye. Senator 16 Markowitz. 17 SENATOR MARKOWITZ: No. 18 THE SECRETARY: Senator 19 Masiello. 20 SENATOR MASIELLO: No. 21 THE SECRETARY: Senator Mega. 22 SENATOR MEGA: Yes. 23 THE SECRETARY: Senator Mendez. 7315 1 Senator Mendez. 2 SENATOR MENDEZ: (Indicating no. ) 3 THE SECRETARY: No. Senator 4 Montgomery. 5 (There was no reply. ) 6 Senator Nolan. 7 (There was no reply. ) 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Aye. 10 THE SECRETARY: Senator 11 Ohrenstein, no. 12 Senator Onorato. 13 (There was no reply. ) 14 Senator Oppenheimer. 15 SENATOR OPPENHEIMER: No. 16 THE SECRETARY: Senator Padavan. 17 SENATOR PADAVAN: Yes. 18 THE SECRETARY: Senator Pataki. 19 SENATOR PATAKI: Yes. 20 THE SECRETARY: Senator Paterson. 21 (There was no reply. ) 22 Senator Present. 23 SENATOR PRESENT: Yes. 7316 1 THE SECRETARY: Senator Saland. 2 (There was no reply. ) 3 Senator Santiago. 4 (There was no reply. ) 5 Senator Sears. 6 (There was no reply. ) 7 Senator Seward. 8 (There was no reply. ) 9 Senator Sheffer. 10 SENATOR SHEFFER: Yes. 11 THE SECRETARY: Senator Skelos. 12 (There was no reply. ) 13 Senator Smith. 14 SENATOR SMITH: (Indicating no. ) 15 THE SECRETARY: Senator Solomon. 16 SENATOR SOLOMON: No. 17 THE SECRETARY: Senator Spano. 18 (There was no reply. ) 19 Senator Stachowski. 20 SENATOR STACHOWSKI: No. 21 THE SECRETARY: Senator 22 Stafford. 23 SENATOR STAFFORD: Aye. 7317 1 THE SECRETARY: Senator 2 Stavisky. 3 (There was no reply. ) 4 Senator Trunzo. 5 SENATOR TRUNZO: Yes. 6 THE SECRETARY: Senator Tully. 7 SENATOR TULLY: Aye. 8 THE SECRETARY: Senator Velella. 9 SENATOR VELELLA: Yes. 10 THE SECRETARY: Senator Volker. 11 (There was no reply. ) 12 Senator Waldon. 13 SENATOR WALDON: (Indicating 14 no. ) 15 THE SECRETARY: Senator Wright. 16 (There was no reply. ) 17 ACTING PRESIDENT FARLEY: 18 Absentees. 19 THE SECRETARY: Senator Connor. 20 (There was no reply. ) 21 Senator Cook. 22 SENATOR COOK: Yes. 23 THE SECRETARY: Senator Daly. 7318 1 (There was no reply.) 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: Yes. 4 THE SECRETARY: Senator Gonzalez. 5 SENATOR GONZALEZ: (Indicating 6 no. ) 7 THE SECRETARY: No. Senator 8 Goodman. 9 (There was no reply.) 10 Senator Johnson. 11 SENATOR JOHNSON: Aye. 12 THE SECRETARY: Senator Levy. 13 SENATOR LEVY: Aye. 14 THE SECRETARY: Senator 15 Montgomery. 16 (There was no reply. ) 17 Senator Nolan. 18 (There was no reply. ) 19 Senator Onorato. 20 (There was no reply. ) 21 Senator Paterson. 22 (There was no reply. ) 23 Senator Saland. 7319 1 SENATOR SALAND: Aye. 2 THE SECRETARY: Senator 3 Santiago. 4 (There was no reply. ) 5 Senator Sears. 6 (There was no reply. ) 7 Senator Seward. 8 SENATOR SEWARD: Aye. 9 THE SECRETARY: Senator Skelos. 10 (There was no reply. ) 11 Senator Spano. 12 SENATOR SPANO: Aye. 13 THE SECRETARY: Senator 14 Stavisky. 15 (There was no reply. ) 16 Senator Volker. 17 (There was no reply. ) 18 Senator Wright. 19 SENATOR WRIGHT: Aye. 20 THE SECRETARY: Senator Sears. 21 SENATOR SEARS: Aye. 22 ACTING PRESIDENT FARLEY: 23 Results. 7320 1 THE SECRETARY: Ayes 31, nays 2 18. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 SENATOR MEGA: Mr. President. 6 ACTING PRESIDENT FARLEY: Senator 7 Tully. Oh. Senator Mega. 8 SENATOR MEGA: Thank you. Can we 9 return to Calendar 1211, please, on page 25. 10 ACTING PRESIDENT FARLEY: 1211. 11 THE SECRETARY: Calendar Number 12 1211. 13 SENATOR LEICHTER: Mr. President. 14 ACTING PRESIDENT FARLEY: Why do 15 you rise, Senator Leichter? 16 SENATOR LEICHTER: Mr. President, 17 may I have unanimous consent, please, to be 18 recorded in the negative - 19 ACTING PRESIDENT FARLEY: Hold 20 on. Wait a minute. I can't hear what you're 21 saying. 22 SENATOR LEICHTER: Mr. 23 President, may I have unanimous consent to be 7321 1 recorded in the negative on Calendar Numbers 2 1479 and 1505. 3 ACTING PRESIDENT FARLEY: Without 4 objection. 5 THE SECRETARY: Calendar Number 6 1211, by member of the Assembly Mayersohn, 7 Assembly Bill Number 6677B, Criminal Procedure 8 Law. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 SENATOR DOLLINGER: Can you just 12 give me the calendar - 13 ACTING PRESIDENT FARLEY: Senator 14 Dollinger. 15 SENATOR DOLLINGER: What is the 16 Calendar Number we're on? Excuse me. 17 ACTING PRESIDENT FARLEY: 1211. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll. ) 7322 1 THE SECRETARY: Ayes 55, nays 1, 2 Senator Galiber recorded in the negative. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 Senator Present. 6 SENATOR PRESENT: Take up 7 calendar 339, please. 8 ACTING PRESIDENT FARLEY: 339, 9 the Secretary will read. 10 THE SECRETARY: On page 6, 11 Calendar Number 339, by Senator Sears, Senate 12 Bill Number 3452B, with an Assembly Reprint 13 Number of 30,000, Agriculture and Markets Law, 14 in relation to manufacturer's information. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 56. 23 ACTING PRESIDENT FARLEY: The 7323 1 bill is passed. 2 SENATOR PRESENT: Regular order, 3 please. 4 ACTING PRESIDENT FARLEY: Regular 5 order. 6 THE SECRETARY: Calendar Number 7 1338, by Senator Hannon, Senate Bill Number 52 8 - 9 SENATOR PRESENT: Lay it aside. 10 ACTING PRESIDENT FARLEY: Lay it 11 aside. 12 THE SECRETARY: Calendar Number 13 1371, by member of the Assembly Lasher. 14 SENATOR PRESENT: Lay it aside. 15 ACTING PRESIDENT FARLEY: Lay it 16 aside. 17 THE SECRETARY: Calendar Number 18 1431, by the Senate Committee on Rules, Senate 19 Bill Number 6 - 20 SENATOR PRESENT: Lay it aside 21 temporarily. 22 ACTING PRESIDENT FARLEY: Lay it 23 aside temporarily. 7324 1 THE SECRETARY: Calendar Number 2 1452, by the Senate Committee on Rules, Senate 3 Bill Number 6046, an act to amend the Tax Law. 4 SENATOR PRESENT: Lay it aside. 5 ACTING PRESIDENT FARLEY: Lay it 6 aside. 7 THE SECRETARY: Calendar Number 8 1454, by the Committee on Rules. 9 SENATOR PRESENT: Lay it aside. 10 ACTING PRESIDENT FARLEY: Lay 11 that aside. 12 THE SECRETARY: Calendar Number 13 1478, by the Assembly Committee on Rules, 14 Assembly Bill Number 8654, Retirement and Social 15 Security Law. 16 SENATOR GOLD: Explanation. 17 ACTING PRESIDENT FARLEY: 18 Explanation has been asked for. 19 ACTING PRESIDENT FARLEY: Senator 20 Padavan. 21 SENATOR PADAVAN: Mr. President. 22 ACTING PRESIDENT FARLEY: Senator 23 Padavan, unfortunately, there's an awful lot of 7325 1 conversations going on here. Could you kindly 2 take your conversations outside the chamber. 3 Senator Padavan, you have the 4 floor. 5 SENATOR PADAVAN: Mr. President, 6 this bill will - 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Gold. 10 SENATOR GOLD: Yes. I just got a 11 very important note from my counsel who tells me 12 we don't need an explanation on this bill. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 54, nays 2, 21 Senators Kuhl and Pataki recorded in the 22 negative. 23 ACTING PRESIDENT FARLEY: That 7326 1 bill is -- there's some more negatives. 1478. 2 THE SECRETARY: Also in the 3 negative on Calendar Number 1478 are Senators 4 Jones, Dollinger, and Stachowski. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1489, by Senator Holland, Senate Bill Number 9 3996, relating to solid waste treatment and 10 disposal in Orange County. 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 SENATOR LEICHTER: Explanation. 14 ACTING PRESIDENT FARLEY: 15 Explanation. Senator Holland. 16 SENATOR LEICHTER: Senator 17 Holland, I was concerned about the provision in 18 this bill, which I mentioned to you, which seems 19 to eliminate competitive bidding. I'm not sure 20 I read it correctly, but I wonder if you could 21 enlighten me on that. 22 SENATOR HOLLAND: Senator, all it 23 does is require a flow for the solid waste. It 7327 1 is not an authority as the one we talked about 2 yesterday. This is simply a requirement that 3 the municipalities give all their solid waste to 4 the counties so the county will have enough 5 waste to generate a cash flow or a profit. 6 SENATOR LEICHTER: And, Senator, 7 it is for that purpose that the bidding process 8 might be eliminated? 9 SENATOR HOLLAND: To my 10 understanding, Senator, there would be no 11 construction, so there would be no bidding 12 required there. There would be bidding as to 13 who handles some of it, and that is covered by 14 the existing law, who handles the incoming 15 refuse. 16 SENATOR LEICHTER: Okay. No 17 objection. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 SENATOR OPPENHEIMER: Mr. 21 President. 22 ACTING PRESIDENT FARLEY: Oh, I 23 didn't see you. I'm sorry. Senator 7328 1 Oppenheimer. 2 SENATOR OPPENHEIMER: Oh.... 3 ACTING PRESIDENT FARLEY: It's 4 the lamp not your diminutive size. 5 SENATOR OPPENHEIMER: I'm not 6 taller than the lamp, Mr. President? 7 My concern is, in the -- this 8 flow control legislation, is there any intention 9 to possibly construct incineration facilities in 10 this? I would ask the sponsor, please. 11 ACTING PRESIDENT FARLEY: Senator 12 Holland. 13 SENATOR HOLLAND: No, Senator, 14 not to my knowledge. There has been absolutely 15 no discussion about any construction, much less 16 an incinerator. 17 SENATOR OPPENHEIMER: Okay. 18 Excellent. And if the sponsor would yield one 19 more time. 20 SENATOR HOLLAND: Yes. 21 SENATOR OPPENHEIMER: Senator 22 Holland, do you know if there is any intention 23 to move in the direction of a MRF facility which 7329 1 would sort the recyclables? 2 SENATOR HOLLAND: Not to my 3 knowledge, Senator, at all. 4 SENATOR OPPENHEIMER: Okay. 5 Thank you very much. I will be supporting this. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 56. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1493, by the Assembly Committee on Rules, 18 Assembly Bill Number 8591, an act to amend the 19 Insurance Law. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 7330 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 56. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 SENATOR HOFFMANN: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Hoffmann to explain her vote. 10 SENATOR HOFFMANN: No. I would 11 request unanimous consent to be recorded on 1478 12 in the negative, if I am not already recorded 13 that way. I believe I was, but I may have been 14 a late entry. 15 ACTING PRESIDENT FARLEY: The 16 desk will check. 17 SENATOR HOFFMANN: Thank you, Mr. 18 President. 19 ACTING PRESIDENT FARLEY: You 20 were not recorded in the negative. You were. 21 SENATOR HOFFMANN: I was recorded 22 correctly. 23 ACTING PRESIDENT FARLEY: You 7331 1 were and you are. 2 THE SECRETARY: Calendar Number 3 1507, by Senator Johnson, Senate Bill Number 4 6079, Environmental Conservation Law. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 SENATOR LEICHTER: Explanation. 8 ACTING PRESIDENT FARLEY: 9 Explanation. Senator Johnson. 10 SENATOR JOHNSON: Mr. President, 11 this is a chapter amendment to the environmental 12 trust bill we did a few days ago. This provides 13 that several additional properties in the 14 Adirondacks may be purchased and the 15 appropriations increased so that our objective 16 can be realized in regard to the Heurich estate 17 and as far as the Whitney estate, which is also 18 added, this requires the Commissioner to 19 negotiate for the state purchase of this 20 parcel. And we'll get it done in a timely 21 fashion so that we may put the budgetary 22 appropriation in for the fiscal year 1994-95. 23 SENATOR LEICHTER: Mr. 7332 1 President. 2 ACTING PRESIDENT FARLEY: Senator 3 Leichter. 4 SENATOR LEICHTER: Yes, Mr. 5 President. On the bill. 6 ACTING PRESIDENT FARLEY: On the 7 bill. 8 SENATOR LEICHTER: This is the 9 amendment to - 10 Mr. President. This is -- as I 11 think Senator Johnson made clear, it's a chapter 12 amendment to a one-house bill. But the point 13 that this bill makes and one that we made in our 14 debate the other day, the bill being -- it's the 15 environmental trust fund. You may remember that 16 we objected to the fact that there was a 17 limitation on the acquisition of two sites in 18 the Adirondacks. Now, at least one other site 19 is being added, a beautiful site on Lake 20 Champlain. That's exactly the point, that we 21 should not limit by statute what can be acquired 22 in the Adirondacks and every time another site 23 becomes available, you have to pass 7333 1 legislation. This exactly makes the point. 2 And let me just say to you, 3 Senator Stafford, I was up at Wadhams last 4 night, a place that you know and love. It's in 5 the Adirondacks. As I was driving back and 6 recalled how beautiful the Adirondacks was, 7 every time I'm there -- and I'm there maybe 8 thirty times a year. Maybe not quite that 9 many. I wish I were. I'm always struck by the 10 beauty of the Adirondacks, and there are 11 wonderful sites that we need to preserve, and it 12 does so much harm to the Adirondacks not only to 13 preserving the beauty but to the economic 14 well-being of the people in the Adirondacks if 15 we allow sites like the Heurich estate, that I 16 know you're very much concerned about, to fall 17 into private hands to be developed in a way that 18 is inconsistent with the beauty and with the 19 interest that the residents and the visitors 20 have. And we can't conceivably every time we 21 find there's a site available try to pass a 22 bill, go to Senator Stafford, say, "Please, 23 Senator Stafford, can we save that site?" 7334 1 It just shows that we were right 2 when we argued two or three days ago, whatever 3 it was, that that limitation in the Johnson 4 environmental trust fund was a mistake. 5 SENATOR GOLD: Will Senator 6 Leichter yield to a question? 7 ACTING PRESIDENT FARLEY: Senator 8 Leichter, would you yield to a question from 9 Senator Gold? 10 SENATOR LEICHTER: Yes. 11 SENATOR GOLD: Senator Leichter, 12 you are getting me a little bit annoyed. It's 13 July 4th, and we're here away from our families, 14 and I know the way I feel about one-house 15 bills. You're telling me this is the son of a 16 one-house bill? 17 SENATOR LEICHTER: It's the son 18 of a something of a one-house bill. 19 ACTING PRESIDENT FARLEY: Senator 20 Oppenheimer. 21 SENATOR OPPENHEIMER: Sometimes 22 our humor blossoms as the hours mount. 23 I'm happy to see that the 7335 1 substance of the -- part of the substance of the 2 amendment that I made a few days ago is 3 incorporated in that the two properties, the 4 Whitney and the Heurich properties, on Lake - 5 the one on Lake Champlain -- have been added. 6 But I think I just want to 7 reiterate very briefly what Senator Leichter 8 said, that just by adding these two properties 9 indicates that there's no way we can know for 10 the future what other valuable properties will 11 present themselves; and, therefore, to limit 12 ourselves in this one area, unlike any other 13 area of the state, really does not seem to be in 14 the best interests of either the Adirondacks or 15 of us. 16 And, of course, this is still not 17 a negotiated bill, so we will have to wait and 18 see what comes out from both houses. 19 ACTING PRESIDENT FARLEY: Senator 20 Dollinger. 21 SENATOR DOLLINGER: Mr. 22 President. I didn't think this was the son of a 23 bill. I thought this was the mother of all one 7336 1 house bills. 2 I have one quick question of 3 Senator Johnson, if I may, Mr. President, if 4 he'd yield. 5 ACTING PRESIDENT FARLEY: Senator 6 Johnson, would you yield to a question from 7 Senator Dollinger? 8 SENATOR JOHNSON: Yes, Mr. 9 President. 10 SENATOR DOLLINGER: Senator, in 11 making the technical corrections, did we have a 12 source of revenue for money to buy these two 13 parcels of property, or is this the same 14 environmental trust fund that didn't have a 15 source of funds attached to it that we debated a 16 couple days ago? 17 SENATOR JOHNSON: Senator, 18 anything the Governor wants to do has a source 19 of funds. Anything he doesn't want to do 20 doesn't have a source of funds. Very curious 21 circumstance, but that's the way it is, 22 Senator. 23 SENATOR DOLLINGER: Okay. Mr. 7337 1 President, on the bill. 2 When I spoke and voted against 3 this bill whenever it was, two or three days 4 ago, not because it was a one-house bill, but 5 because it was a bill that was a shopping list 6 without any money. It's like giving your son or 7 -- as I think I used that time, give them a car 8 but don't give them gas to run the car, don't 9 give them the keys to run the car. 10 What now we're engaged in is 11 creating a shopping list of things that we 12 should buy in the Adirondack area but we're not 13 giving any money to be able to afford it. So we 14 write out this little shopping list, and now 15 we've got a couple add-ons, and I'm sure there 16 are other things that people would like to buy 17 in the park or outside the park, but we're not 18 really giving any money to make the thing 19 actually work. 20 Senator Johnson's comment about 21 the Governor's ability to find it, he may have 22 the ability to find funds, but certainly the 23 approach of this house is: We want you to do 7338 1 all the shopping, but we don't want to tax 2 anybody to have to find the money to allow you 3 to pay for it. 4 So I think that is hypocrisy that 5 I talked about in the first bill. This is the 6 son of a one-house bill, and it doesn't deserve 7 to go any further. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1507 are 17 Senators Espada, Gold, Leichter, Markowitz, 18 Mendez, Montgomery, Ohrenstein, Oppenheimer, 19 Smith, Solomon, also Senator Dollinger, also 20 Senator Connor recorded in the negative. Ayes 21 44, nays 12. 22 ACTING PRESIDENT FARLEY: Bill is 23 passed. 7339 1 Senator Present. 2 SENATOR PRESENT: Would you 3 recognize Senator Volker, please. 4 ACTING PRESIDENT FARLEY: Senator 5 Volker. 6 SENATOR VOLKER: Mr. President, 7 could I be recorded -- on page 25, Calendar 8 Number 1260, Rules 1260, would the record 9 reflect that had I been here I would have voted 10 in the affirmative. 11 ACTING PRESIDENT FARLEY: The 12 record will show that had you been here you 13 would have voted in the affirmative. 14 SENATOR PRESENT: Mr. President. 15 ACTING PRESIDENT FARLEY: Senator 16 Present. 17 SENATOR PRESENT: Can we call up 18 Calendar 1431. 19 ACTING PRESIDENT FARLEY: 1431, 20 the Secretary will read. 21 THE SECRETARY: Calendar Number 22 1431, by the Senate Committee on Rules, Senate 23 Bill Number 6049, amends Chapter 814 of the Laws 7340 1 of 1987. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 - 6 SENATOR OPPENHEIMER: 7 Explanation. 8 ACTING PRESIDENT FARLEY: 9 Explanation. Who has that bill? 10 Senator Stafford. 11 SENATOR STAFFORD: Mr. President, 12 I would first point out to my colleagues when I 13 went to my first meeting with our outside 14 accountants, I was wondering do we really need 15 this? Is this something we just pass to satisfy 16 this one or that one or this group or that 17 group? 18 Since I have been at the meetings 19 and listened, I think it is very useful. What 20 this really does, it makes sure that we have 21 internal controls so that we will not have 22 problems. This bill does nothing more than 23 continue the program that we have had for the 7341 1 past five years. 2 ACTING PRESIDENT FARLEY: Senator 3 Jones. 4 SENATOR JONES: Mr. President, I 5 believe there is an amendment up there. I would 6 like it to be called up and waive its reading, 7 please. 8 ACTING PRESIDENT FARLEY: Yes, 9 there is, Senator Jones. 10 SENATOR JONES: I agree with what 11 Senator Stafford just said. We certainly do 12 need internal controls; however, I'm offering an 13 amendment today. I couldn't let the year go by 14 without giving us one more opportunity to do 15 what I think we should have done long ago. 16 Apparently, I'm told, that in 17 1987 is when this started, and what we're doing 18 now, which is certainly a good thing -- I notice 19 all my furniture has a little tag so we know it 20 belongs to the Senate, and I know there are time 21 cards so we know what hours people are working, 22 all of which seem like good things. 23 But then I think to myself, well, 7342 1 how much is in my office. I know my two 2 computers, but I don't have an idea personally 3 of how much, for instance, equipment, what the 4 cost of it is, in my own office. And, clearly, 5 the public doesn't know any of these things. 6 So the Comptroller -- the 7 internal audit is certainly good, as far as it 8 goes. However, in the other agencies within the 9 state government, the Comptroller obtains 10 monthly reports, very detailed. And if I want 11 to look, for instance at Corrections, I don't 12 have to get one big lump sum. I can look at it 13 by prison. 14 If I want to look at for SUNY, it 15 doesn't tell me one giant amount for 16 electricity, for instance, for the whole SUNY 17 campuses. I can see which one is Brockport, 18 which one is Geneseo, et cetera. 19 8,250 pages are what the other 20 agencies turn out. Senate in that same period 21 of time turns out six pages. So in these micro 22 fils that I'm holding up, I'm told that the 23 Senate report would be equivalent to a dot on 7343 1 these microfilms. 2 What I'm saying to you today is 3 I'm asking that -- I agree that this internal 4 audit should continue, and I think it should be 5 made permanent, not just keep extending it. 6 My amendment calls for it to be 7 made permanent, and let's add to that that we do 8 a different kind of audit. A financial report 9 could be completed for each house here in the 10 Legislature with the current staff at no 11 additional cost, and that an independent audit 12 could be competitively bid and the cost should 13 probably be roughly between 50,000 and 100,000. 14 I'm positive nobody is going to 15 ask me where I would get that money in view of 16 all the millions that we've been spending lately 17 that we also don't have. So this is a fairly 18 small amount. 19 And just as a suggestion, last 20 year, you budgeted payment 3.5 million for 21 mailing, and postal purchases I believe was 22 around 6. So there must have been an extra 3 23 million in there. Certainly we can use a 7344 1 portion of that to do what I think is the right 2 thing. 3 I think if we really want to 4 maintain fiscal responsibility and to keep the 5 public apprised of the expenses of each house, 6 an annual financial report has to be prepared, 7 and it should be individually itemized, as I've 8 said before, specific amounts for every 9 expenditure. 10 I also still have here from the 11 house -- this is a quarter here. Again, we're 12 down to the $1.42. It's very easy to look up 13 every single member here, find out what every 14 one of their staff is paid during that period of 15 time, every other -- subscription to magazines, 16 you name it, it is all here for the public to 17 look at. 18 Now, I'm assuming the reason for 19 that is it's tax money that paid for all the 20 things in this book. Well, I'm here to say to 21 you today that I'm also of the opinion that tax 22 money has paid for all the things I see here and 23 all the things that we're using as a legislator, 7345 1 including your computers and your staff, your 2 mailings. And I do not see how we can continue 3 to go on with this, hiding this information from 4 the public. 5 So I'm asking you to accept this 6 amendment. You have one last chance this year 7 to do what I consider the right thing. 8 (Whereupon, Senator Seward was in 9 the chair. ) 10 SENATOR LEICHTER: Mr. President. 11 ACTING PRESIDENT SEWARD: Senator 12 Leichter. 13 SENATOR LEICHTER: Mr. 14 President. I finally found something that it's 15 appropriate to do on July 4th, because as we 16 know, July 4th was Independence Day, really one 17 of the great milestones in the evolution of 18 democracy. 19 And wouldn't it be wonderful if 20 we gave at least some sense of justification of 21 our being here by passing Senator Jones' 22 amendment. And I really want to commend her 23 because it is so appropriate and so correct and 7346 1 so needed that there be an independent, open, 2 full audit of this Legislature. 3 It is appalling that the only 4 branch of government that isn't subject to the 5 sort of openness and scrutiny which all 6 government should be is the Legislature. 7 Now, what is the reason for this? 8 Are we hiding some things? Well, some of us 9 suspect that there are a few things being 10 hidden. Maybe some people will say, "Well, the 11 amount we spend is so de minimus." I don't 12 know, it's $168 million. Even in the days of 13 inflation, that's a lot of money. 14 Maybe somebody will say, well, 15 our performance is so perfect that, you know, 16 there is no need to audit us. And once you stop 17 laughing, I don't think you have to go any 18 further in answering that one. I mean, 19 obviously, we ought to be subject to the same 20 rules that we want to subject every government 21 to, and I just can't understand the Majority in 22 this house and to some extent the Majority in 23 the other house, although I think they are 7347 1 somewhat more open than the Republicans are in 2 this house, saying, "No, you can't audit us," or 3 "Freedom of Information laws don't apply to 4 us," or "Open meeting laws don't apply to us." 5 What is there about the 6 Legislature? Why are we so sacrosanct? Are we 7 like the crown? Are we like King George III, our 8 actions should not be questioned, our actions 9 should not be looked at? What is it? 10 How can we with a straight face 11 say to people, one is, they have no right to 12 know how we spend their money when it is spent 13 by the Legislature, and that people cannot have 14 our actions, our financial affairs audited? 15 And what Senator Jones says is, 16 Listen, what's sauce for the goose is sauce for 17 the gander. What's good for the executive is 18 good for the Legislature. And certainly all of 19 us, the public at large but all of us in the 20 Legislature, would benefit and again for knowing 21 how money is being spent, how we do things. 22 Maybe we could find some ways to 23 save money. I often hear, particularly my 7348 1 friends on the other side of the aisle, when 2 they're not voting for sponsoring bills that 3 require more expenditures, saying how we got to 4 cut government expenditure. Well, maybe we find 5 some ways to cut our expenditures here in the 6 Legislature, but we need to know how those 7 expenditures are being made. 8 So all that Senator Jones says is 9 have a full, complete, open audit. And, again, 10 as I said before, my dear friends and 11 colleagues, let's do it on July 4. Let this be 12 a declaration of integrity and fiscal 13 responsibility for the Legislature. 14 ACTING PRESIDENT SEWARD: On the 15 amendment. All those in favor, say aye. 16 (Response of "Aye.") 17 SENATOR GOLD: Mr. President. 18 Party vote in favor of this amendment sponsored 19 by our very distinguished colleague from Monroe 20 County. 21 SENATOR PRESENT: Party vote in 22 the negative. 23 (The Secretary called the roll on 7349 1 the amendment. ) 2 THE SECRETARY: Ayes 23, nays 34, 3 party vote. 4 ACTING PRESIDENT SEWARD: The 5 amendment is defeated. 6 SENATOR KUHL: Last section. 7 ACTING PRESIDENT SEWARD: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SEWARD: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 57. 15 ACTING PRESIDENT SEWARD: The 16 bill is passed. 17 SENATOR KUHL: Regular order. 18 THE SECRETARY: Calendar Number 19 1523, by Senator Johnson, Senate Bill Number 20 5976, an act to amend the Environmental 21 Conservation Law. 22 SENATOR GOLD: Explanation. 23 ACTING PRESIDENT SEWARD: 7350 1 Explanation has been called for. 2 SENATOR JOHNSON: Mr. President. 3 ACTING PRESIDENT SEWARD: Senator 4 Johnson. 5 SENATOR JOHNSON: The population 6 of winter flounder is in a state of collapse up 7 and down the East Coast. There is a fisheries 8 management plan been developed by the Atlantic 9 States Marine Fisheries Commission to deal with 10 this; calls for a reduction of 30 percent in 11 fishing effort. 12 We know that the stock is in a 13 state of collapse because in our state it's gone 14 from a high some seven or eight years of ten 15 million pounds caught a year to approximately 16 one and a half million pounds in the most recent 17 season, '92 season. 18 Emergency measures are required. 19 Many things have been considered. 20 What this bill calls for is a 21 closed season from November 1 to March 21, both 22 recreational and commercial fisheries, and a 23 career limit of five flounder per day per 7351 1 recreational fisherman. 2 This also provides that if these 3 measures do not succeed in reducing the fish 4 take substantially so that there will be a 5 sufficient breeding stock for the fishery to 6 recoup in numbers, then the department will be 7 permitted to put other rules and regulations 8 into effect to achieve that result. 9 SENATOR GOLD: Mr. President. 10 ACTING PRESIDENT SEWARD: Senator 11 Gold. 12 SENATOR GOLD: There are two 13 memorandums on this bill that I have. One is by 14 the department which supports the bill. The 15 other from the New York State AFL-CIO which says 16 that they represent commercial, quote, "fisher 17 folk", end quote, and they are in opposition to 18 the bill. 19 Last section. 20 ACTING PRESIDENT SEWARD: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect - 7352 1 SENATOR LAVALLE: Mr. President. 2 ACTING PRESIDENT SEWARD: Senator 3 LaValle. 4 SENATOR LAVALLE: Mr. President. 5 I rise to explain my vote. 6 ACTING PRESIDENT SEWARD: Senator 7 LaValle to explain his vote. 8 SENATOR LAVALLE: Mr. President, 9 I think my remarks can be put in the category of 10 good news-bad news. 11 The good news is that Senator 12 Johnson and I agree somewhat that the resource 13 here has been declining. 14 The bad news, and the reason why 15 I rise to vote against this legislation, is that 16 as you have gathered from our many debates and 17 the many bills that have been before us, whether 18 it be striped bass or wheat fish or, today, 19 flounder, that the commercial fishermen have 20 been placed in a situation that they cannot fish 21 for any of the resources that are available to 22 them because we keep regulating that they cannot 23 go out at certain times of the year. 7353 1 Here we have a fish that would be 2 a winter fish for them to fish during a low time 3 of the year, and yet they are being deprived 4 from going out and making a living. 5 If Senator Johnson -- and I agree 6 with him that the resource is in trouble. If we 7 keep limiting when people can go out and fish, 8 we have to give them some sort of support so 9 that we do not drive out of business our 10 commercial fishermen. 11 So, Mr. President, I rise in the 12 negative on this legislation. 13 ACTING PRESIDENT SEWARD: Senator 14 LaValle in the negative. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 35, nays 2. 17 Senators LaValle and Waldon recorded in the 18 negative. 19 ACTING PRESIDENT SEWARD: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1526, substituted earlier today, by the Assembly 23 Committee on Rules, Assembly Bill Number 8736, 7354 1 Environmental Conservation Law. 2 SENATOR SOLOMON: Mr. President. 3 ACTING PRESIDENT SEWARD: Senator 4 Solomon. 5 SENATOR SOLOMON: I'd just like 6 to explain my vote unless someone asks for an 7 explanation. 8 SENATOR LEICHTER: Explanation. 9 ACTING PRESIDENT SEWARD: 10 Explanation has been called for, Senator 11 Marchi. 12 SENATOR MARCHI: Mr. President, 13 this act provides that a solid waste facility in 14 a city of a million or more, in this case New 15 York City, owned -- not owned or operated by a 16 municipality shall have a valid license before 17 they can begin operation of a facility, so that 18 if it's -- it's a non-municipally -- an 19 operation not operated by a municipality, before 20 they can begin, they shall have -- they shall be 21 compelled to produce an approval by the 22 Department of Environmental Conservation. If 23 they are operating without a permit -- permit, 7355 1 they shall have until January 1st of 1995 to 2 submit a complete application for such a 3 permit. 4 On the other hand, if they own - 5 if they own the facility, they shall require it 6 if they're not operating but, however, if they 7 are in operation they shall of 90 -- they shall 8 have 30 months total from January 1st, 1994 9 forward. 10 This bill has the -- had 11 originally been in issue with the city of New 12 York. However, they have, with the amendment, 13 they have agreed to its provision. 14 ACTING PRESIDENT SEWARD: Senator 15 Leichter. 16 SENATOR LEICHTER: Senator 17 Marchi, I think you've answered the question I 18 have. I know there was a similar bill, I 19 believe it was a Marchi-Connelly bill. 20 SENATOR MARCHI: Yes. That's 21 still on the calendar, but I'm going to star 22 that, but this one takes its place. 23 SENATOR LEICHTER: This one is 7356 1 acceptable to the City. 2 SENATOR MARCHI: But I believe 3 Senator Solomon has a statement. 4 SENATOR SOLOMON: Senator, all I 5 have is one question. 6 ACTING PRESIDENT SEWARD: 7 Senator, would you yield? 8 SENATOR SOLOMON: Senator, if a 9 -- I'm reading this again. If the facility is 10 owned by the City and had been in operation and 11 then was closed by the city of New York under 12 this legislation, would it require a permit 13 before it could reopen or would they have that 14 30-month grace period? 15 SENATOR MARCHI: If they're in 16 operation now? 17 SENATOR SOLOMON: No, they have 18 now closed, but it's owned by the city of New 19 York, and it had been in operation, in order to 20 reopen, they did not have the permit. 21 SENATOR MARCHI: They would have 22 to have a permit to open. 23 SENATOR SOLOMON: O.K. Thank 7357 1 you. I'd like to make -- explain my vote. 2 I think this is very -- this is 3 very good legislation, Senator Marchi, but I'd 4 like to relay a story about the Brooklyn 5 Southwest Incinerator. 6 For ten years, the city of New 7 York operated that without a permit. For ten 8 years, DEC did not move to close that facility 9 down. In fact, a consent order signed by DEC 10 with the City was literally a joke because the 11 City signed consent orders for expiration dates 12 that already expired prior to -- literally had 13 expired prior to the date of the signing of the 14 consent order, so they were in violation on the 15 day the consent orders were re-signed. 16 The problem with this legislation 17 is that we are allowing DEC to enforce the law 18 against the municipality which it has not done 19 in the past. I only hope that you come back 20 with legislation next year, and I warn you that 21 if you want this to be effective you're going to 22 have to come back with legislation where there 23 are substantial penalties and we have to move in 7358 1 some other way to get those penalties enforced 2 because the past has been that DEC has allowed 3 the city of New York to operate, no matter what 4 they do with the facility. That's why I'm going 5 to vote - 6 ACTING PRESIDENT SEWARD: Senator 7 Marchi. 8 SENATOR MARCHI: By way of 9 explaining my vote. 10 ACTING PRESIDENT SEWARD: Senator 11 Marchi to explain his vote. 12 SENATOR MARCHI: I'm glad this 13 was shared with me by Senator Solomon, and I 14 believe that we should monitor very carefully 15 and take the action that you indicated in the 16 event that there are frustrations along the 17 way. I don't expect them, Senator, but - 18 ACTING PRESIDENT SEWARD: Senator 19 Oppenheimer. 20 SENATOR OPPENHEIMER: If Senator 21 Marchi would just yield for one question. There 22 is concern that -- that many of the unpermitted 23 transfer stations are simply going to close down 7359 1 and then move elsewhere and -- and illegally 2 operate somewhere else in the City, and I think 3 the City and the DEC both -- both think this 4 would be an enforcement nightmare. 5 What would prevent that from 6 occurring? 7 SENATOR MARCHI: I assume - 8 ACTING PRESIDENT SEWARD: I 9 assume they're withdrawing the roll call. I 10 assume that we've withdrawn the roll call or - 11 Senator Marchi, we had not had the reading of 12 the last section. 13 SENATOR MARCHI: Oh, all right. 14 Again, your question is that if this -- you're 15 concerned about the transfer stations being 16 moved, but they have time until -- until January 17 1st, 1995. 18 SENATOR OPPENHEIMER: Then the 19 concern that I have heard from the City and DEC 20 is that, if we force these stations to close 21 down, they will simply move to another spot and 22 start operating illegally. 23 SENATOR MARCHI: Well, the 7360 1 alternatives, Senator, are unacceptable. It 2 does -- at some point we just have to -- we just 3 have to face that issue and - 4 SENATOR OPPENHEIMER: Thank you, 5 Senator. It's a good bill. It's just perceived 6 as potentially an enforcement nightmare. 7 SENATOR MARCHI: Yeah. I feel 8 that the amendment was addressed. We -- you're 9 expressing a concern with a prior bill which is 10 still on the calendar and which I'm going to 11 star. But it has been addressed by the 12 amendment, and I -- there is no disagreement at 13 this point except for the issue that was raised 14 by Senator Solomon, and that will depend on 15 unfolding events. 16 SENATOR OPPENHEIMER: Thank you. 17 ACTING PRESIDENT SEWARD: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SEWARD: Call 22 the roll. 23 (The Secretary called the roll. ) 7361 1 THE SECRETARY: Ayes 57. 2 ACTING PRESIDENT SEWARD: The 3 bill is passed. 4 SENATOR PRESENT: Do your 5 housekeeping. 6 ACTING PRESIDENT FARLEY: 7 Housekeeping. Any motions on the floor? We have 8 some substitutions. 9 THE SECRETARY: On page 5 of 10 today's calendar, Senator Sears moves to 11 discharge the Committee on Rules from Assembly 12 Bill Number 5905-B and substitute it for the 13 identical Third Reading 107. 14 ACTING PRESIDENT FARLEY: 15 Substitution is ordered. 16 THE SECRETARY: On page 12, 17 Senator Stafford moves to discharge the 18 Committee on Rules from Assembly Bill Number 19 3999-B and substitute it for the identical 20 Calendar Number 692. 21 ACTING PRESIDENT FARLEY: 22 Substitution ordered. 23 THE SECRETARY: On page 19, 7362 1 Senator Holland moves to discharge the Committee 2 on Rules from Assembly Bill Number 1994-A and 3 substitute it for the identical Third Reading 4 905. 5 ACTING PRESIDENT FARLEY: 6 Substitution ordered. 7 SENATOR SEWARD: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Seward. 10 SENATOR SEWARD: I offer the 11 following amendment to Calendar Number 1529 on 12 Supplemental Calendar 1, Assembly -- or Senate 13 Print Number 720-B and ask that the bill retain 14 its place on the Third Reading Calendar. 15 ACTING PRESIDENT FARLEY: 16 Amendments are received. The bill will retain 17 its place. 18 Senator Marchi. 19 SENATOR MARCHI: This is in 20 reference to the bill that we were discussing 21 before. Calendar Number 1158 on page 24, I'm 22 placing a sponsor's star on that. 23 ACTING PRESIDENT FARLEY: 1158 is 7363 1 starred at the request of the sponsor. 2 Senator Galiber. 3 SENATOR GALIBER: Mr. President, 4 may I have unanimous consent to be recorded in 5 the negative on 1507? 6 ACTING PRESIDENT FARLEY: 1507, 7 Senator Galiber will be in the negative. 8 SENATOR GALIBER: Thank you, 9 sir. 10 ACTING PRESIDENT FARLEY: Are 11 there any other motions or suggestions from the 12 floor? 13 Senator Present, you had one. 14 SENATOR PRESENT: Mr. President, 15 I'd ask that we stand at ease for a few moments. 16 ACTING PRESIDENT FARLEY: The 17 Senate will stand at east for a few moments. 18 (The Senate stood at ease from 19 6:08 p.m., to 6:25 p.m.) 20 ACTING PRESIDENT FARLEY: Senator 21 Sears. 22 SENATOR SEARS: Page 35, Calendar 23 Number 1507, Print Number 6079, I'd like to be 7364 1 recorded in the negative on that bill. 2 ACTING PRESIDENT FARLEY: 1509, 3 Senator Sears? 4 SENATOR SEARS: No, it's Calendar 5 Number 1506. I'm sorry, hold it, hold it. 6 1507. 7 ACTING PRESIDENT FARLEY: Without 8 objection. 9 Senator Goodman, then Senator 10 Cook. 11 SENATOR GOODMAN: Mr. President, 12 for the record, if I'd been in the chamber 13 yesterday at the time that Calendar 1262, print 14 5700, was called, I would have voted in the 15 negative, and may I ask unanimous consent to be 16 recorded in the negative on today's Calendar 17 1260, Senate Print 5853-A. 18 ACTING PRESIDENT FARLEY: All 19 right. 20 SENATOR GOODMAN: Had I been in 21 the chamber, I would have voted in the negative 22 on both of those. 23 ACTING PRESIDENT FARLEY: Had you 7365 1 been in the chamber, the record will so state. 2 Senator Cook. 3 SENATOR COOK: Will you please 4 record me in the negative on Calendar Number 5 1507, and I move that the following bill be 6 discharged from its committee and be recommitted 7 with instructions to strike the enacting clause: 8 Senate Print Number 5171. 9 ACTING PRESIDENT FARLEY: 5171, 10 without objection. 11 (The Senate stood at ease from 12 6:26 p.m., to 6:31 p.m.) 13 ACTING PRESIDENT FARLEY: Senate 14 will come to order. Senator Present. 15 SENATOR PRESENT: Do you have any 16 substitutions at the desk? 17 ACTING PRESIDENT FARLEY: We do. 18 SENATOR PRESENT: Let's take care 19 of the substitutions. 20 ACTING PRESIDENT FARLEY: 21 Secretary will read the substitutions from the 22 Assembly. 23 THE SECRETARY: On Supplemental 7366 1 Calendar Number 1, Senator Goodman moves to 2 discharge the Committee on Rules from Assembly 3 Number 6708-A and substitute it for the 4 identical Third Reading 1533. 5 Senator Stafford moves to 6 discharge the Committee on Rules from Assembly 7 Bill Number 6319-A and substitute it for the 8 identical Third Reading 1536. 9 Senator Stafford moves to 10 discharge the Committee on Rules from Assembly 11 Bill Number 7929-B and substitute it for the 12 identical Third Reading 1541. 13 Senator Connor moves to discharge 14 the Committee on Rules from Assembly Bill Number 15 7898-A and substitute it for the identical 16 Calendar Number 1544. 17 Senator Skelos moves to discharge 18 the Committee on Rules from Assembly Bill Number 19 8448-A and substitute it for the identical Third 20 Reading 1549. 21 Senator Pataki moves to discharge 22 the Committee on Rules from Assembly Bill Number 23 8685 and substitute it for the identical Third 7367 1 Reading 1563. 2 ACTING PRESIDENT FARLEY: All 3 those substitutions are ordered. 4 What's your pleasure, Senator 5 Present? 6 SENATOR PRESENT: Let's take up 7 the non-controversial calendar on Supplemental 8 Calendar. 9 ACTING PRESIDENT FARLEY: On the 10 Supplemental Calendar Number 1 dated Sunday, 11 July 4th, non-controversial. 12 SENATOR PRESENT: 102 on the 13 other calendar. 14 ACTING PRESIDENT FARLEY: Let's 15 go to 102 on the regular calendar first. We 16 have a message, Senator Present. 17 THE SECRETARY: On page 4 of the 18 regular calendar, of the regular calendar, on 19 page 4, Calendar Number 102, by Senator Bruno, 20 Senate Bill Number 2354-C, an act to amend the 21 Economic Development Law and the State Finance 22 Law. 23 ACTING PRESIDENT FARLEY: Senator 7368 1 Present. 2 SENATOR PRESENT: Mr. President, 3 I understand that there's a message of necessity 4 at the desk. I move we accept the message. 5 ACTING PRESIDENT FARLEY: All in 6 favor of accepting the message, say aye. 7 (Response of "Aye.") 8 Those opposed, nay. 9 (There was no response. ) 10 The message is accepted. You can 11 read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 58. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 ACTING PRESIDENT FARLEY: Now, we 21 go to Supplemental Calendar Number 1. 22 THE SECRETARY: Supplemental 23 Calendar Number 1, Calendar Number 1530, Senator 7369 1 Jones moves to discharge the Committee on Rules 2 from Assembly Bill Number 2407-B and substitute 3 it for the identical Third Reading 1530. 4 ACTING PRESIDENT FARLEY: 5 Substitution is ordered. Senator Jones - 6 Senator Jones has a home rule message here at 7 the desk. You can read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 58. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1531, Senator LaValle moves to discharge the 18 Committee on Rules from Assembly Bill Number 19 2590, and substitute it for the identical 20 Calendar Number 1531. 21 ACTING PRESIDENT FARLEY: 22 Substitution ordered. Read the last section. 23 THE SECRETARY: Section 2. This 7370 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 58. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1532, Senator Larkin moves to discharge the 10 Committee on Rules from Assembly Bill Number 11 7888-A and substitute it for the identical Third 12 Reading 1532. 13 ACTING PRESIDENT FARLEY: 14 Substitution ordered. Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 58. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 7371 1 1534, Senator Stafford moves to discharge the 2 Committee on Rules from Assembly Bill Number 3 6321 and substitute it for the identical Third 4 Reading 1534. 5 ACTING PRESIDENT FARLEY: 6 Substitution is ordered. Read the last 7 section. 8 THE SECRETARY: Section 2 - 9 SENATOR STACHOWSKI: Lay it 10 aside. 11 ACTING PRESIDENT FARLEY: 12 Withdraw the roll call. Lay it aside. 13 THE SECRETARY: Calendar Number 14 1535, by Senator Stafford, Senate Bill Number 15 4189, to repeal subparagraph (e) of paragraph 16 2. 17 ACTING PRESIDENT FARLEY: This is 18 not a sub. Read the last section. 19 SENATOR STACHOWSKI: Lay it 20 aside. 21 ACTING PRESIDENT FARLEY: Laid 22 aside. 23 THE SECRETARY: Calendar Number 7372 1 1537, Senator Stafford moves to discharge the 2 Committee on Rules from Assembly Bill 6 - 3 SENATOR STACHOWSKI: Lay aside. 4 ACTING PRESIDENT FARLEY: Let's 5 substitute it first. 6 THE SECRETARY: Senator Stafford 7 moves to discharge the Committee on Rules from 8 Assembly Bill Number 6325 and substitute it for 9 the identical Third Reading 1537. 10 ACTING PRESIDENT FARLEY: 11 Substitution is ordered. Now, lay the bill 12 aside. 13 THE SECRETARY: Calendar Number 14 1538, Senator Goodman moves to discharge the 15 Committee on Rules from Assembly Bill Number 16 4740-a and substitute it for the identical 17 Calendar Number 1538. 18 ACTING PRESIDENT FARLEY: 19 Substitution ordered. You can read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 SENATOR STACHOWSKI: Lay aside. 7373 1 ACTING PRESIDENT FARLEY: Laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1539, Senator Velella moves to discharge the 5 Committee on Rules from Assembly Bill Number 6 3757-A, and substitute it for the identical 7 Third Reading 1539. 8 ACTING PRESIDENT FARLEY: 9 Substitution is ordered. Lay the bill aside. 10 THE SECRETARY: Calendar Number 11 1540, Senator Saland moves to discharge the 12 Committee on Rules from Assembly Bill Number 13 7660. 14 SENATOR STACHOWSKI: Lay aside. 15 THE SECRETARY: And substitute it 16 for the identical Third Reading 1540. 17 ACTING PRESIDENT FARLEY: 18 Substitution is ordered, but lay the bill 19 aside. 20 THE SECRETARY: Calendar Number 21 1542, Senator Velella moves to discharge the 22 Committee on Rules from Assembly Bill Number 23 8074 and substitute if for the identical 7374 1 Calendar Number 1542. 2 ACTING PRESIDENT FARLEY: 3 Substitution is ordered. There's a home rule 4 message here at the desk. You can read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act - 8 SENATOR LEICHTER: Lay aside. 9 ACTING PRESIDENT FARLEY: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 1543. 13 ACTING PRESIDENT FARLEY: That's 14 high, isn't it? Laid aside. 15 THE SECRETARY: Calendar Number 16 1546. 17 SENATOR PRESENT: Lay it aside. 18 ACTING PRESIDENT FARLEY: Laid 19 aside. 20 Can we sub it first and then 21 we'll lay it aside. 22 THE SECRETARY: Senator Hannon 23 moves to discharge the Committee on Rules from 7375 1 Assembly Bill Number 8404 and substitute it for 2 the identical Third Reading 1546. 3 ACTING PRESIDENT FARLEY: 4 Substitution is ordered. Lay the bill aside. 5 THE SECRETARY: Calendar Number 6 1547, Senator Seward moves to discharge the 7 Committee on Rules from Assembly Bill Number 8 8546-A and substitute it for the identical Third 9 Reading 1547. 10 ACTING PRESIDENT FARLEY: 11 Substitution is ordered. Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 59. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1548, Senator LaValle moves to discharge the 23 Committee on Rules from Assembly Bill Number 7376 1 8665, and substitute it for the identical Third 2 Reading 1548. 3 ACTING PRESIDENT FARLEY: 4 Substitution is ordered. Read - 5 SENATOR PRESENT: Lay aside. 6 ACTING PRESIDENT FARLEY: Lay it 7 aside. 8 THE SECRETARY: Calendar Number 9 1550, by Senator Mega, Senate Bill Number 6066, 10 creating a Temporary State Commission on 11 Brooklyn Recreational Facilities. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 59. 20 ACTING PRESIDENT FARLEY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1554, Senator Marino moves to discharge the 7377 1 Committee on Rules from Assembly Bill Number 2 7898-A and substitute it for the identical 3 Calendar Number 1544. 4 ACTING PRESIDENT FARLEY: 5 Substitution is ordered. Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 SENATOR LEICHTER: Lay that 13 aside, please. 14 ACTING PRESIDENT FARLEY: 15 Withdraw the roll call, lay it aside. 16 THE SECRETARY: Calendar Number 17 1555, by Senator Pataki, Senate Bill Number 18 6087, Religious Corporations Law. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 7378 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 59. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1556, Senator LaValle moves to discharge the 8 Committee on Rules from Assembly Bill Number 9 1097-B and substitute it for the identical Third 10 Reading 1556. 11 ACTING PRESIDENT FARLEY: 12 Substitution is ordered. Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 59. 20 ACTING PRESIDENT FARLEY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1557, by Senator Tully, Senate Bill Number 6102, 7379 1 an act to amend the Education Law. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 59. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1558, by Senator DeFrancisco, Senate Bill Number 14 6110, an act to amend a chapter of the laws of 15 1993. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 59. 7380 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1559, by the Senate Committee on Rules, Senate 5 Bill Number 6111, an act to amend Chapter 348 of 6 the Laws of 1989. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 SENATOR LEICHTER: Lay aside. 10 ACTING PRESIDENT FARLEY: Laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1560, by the Senate Committee on Rules, Senate 14 Bill Number 6113, an act to amend the Education 15 Law. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. 19 SENATOR LEICHTER: Lay aside. 20 ACTING PRESIDENT FARLEY: Lay it 21 aside. 22 That's it for non-controversial, 23 Senator Kuhl. 7381 1 SENATOR STAVISKY: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Stavisky. 4 SENATOR STAVISKY: May I be 5 recorded in the negative on Calendar Number 6 1507? 7 ACTING PRESIDENT FARLEY: 1507, 8 without objection. 9 SENATOR STAVISKY: Thank you. 10 SENATOR KUHL: Mr. President. 11 ACTING PRESIDENT FARLEY: Senator 12 Kuhl. 13 SENATOR KUHL: Want to start the 14 controversial Supplemental 1. 15 ACTING PRESIDENT FARLEY: 16 Controversial, Supplemental Calendar Number 1. 17 THE SECRETARY: Calendar Number 18 1534, substituted earlier today, by member of 19 the Assembly Crowley, Assembly Bill Number 6321, 20 Racing, Pari-Mutuel Wagering and Breeding Law. 21 SENATOR STACHOWSKI: Explanation. 22 ACTING PRESIDENT FARLEY: 23 Explanation has been asked for. 7382 1 Senator Stafford. 2 SENATOR STAFFORD: Lay it aside, 3 please. 4 ACTING PRESIDENT FARLEY: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 1535, by Senator Stafford, Senate Bill Number 8 4189. 9 SENATOR STAFFORD: Lay it aside. 10 ACTING PRESIDENT FARLEY: Laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1537, substituted earlier, by member of the 14 Assembly Crowley, Assembly Bill Number 6325, 15 Racing, Pari-Mutuel Wagering and Breeding Law. 16 SENATOR STAFFORD: Lay it aside. 17 ACTING PRESIDENT FARLEY: Laid 18 aside. 19 THE SECRETARY: Calendar Number 20 1538, substituted earlier today, by member of 21 the Assembly Nolan, Assembly Bill Number 4740-A, 22 Real Property Tax Law. 23 SENATOR LEICHTER: Explanation. 7383 1 ACTING PRESIDENT FARLEY: 2 Explanation has been asked for. Lay it aside 3 temporarily. 4 SENATOR KUHL: Lay it aside. 5 THE SECRETARY: Calendar Number 6 1539, substituted earlier, by member of the 7 Assembly Lafayette, Assembly Bill Number 3757 8 A. 9 SENATOR OPPENHEIMER: 10 Explanation. 11 THE SECRETARY: Transportation 12 Law. 13 SENATOR VELELLA: No. 14 ACTING PRESIDENT FARLEY: No? 15 Senator Velella. Senator Velella. An 16 explanation has been asked for on 1539. 17 SENATOR VELELLA: This bill is a 18 chapter amendment actually to a bill that we 19 passed last year regulating the transportation 20 of people within the city of New York by vans. 21 As you know, last year we 22 transferred that authority from Department of 23 Transportation to the city of New York. There 7384 1 were some specific objections made by several 2 Senators, especially those of Senator Marchi and 3 Senator Mega, and these amendments that are 4 being made to this provision that we passed last 5 year address those objections. 6 There is a provision in there 7 that anyone that is a passenger in a van that is 8 stopped and about to be seized under the 9 authority of law, that the passengers will be 10 left off in an area where they can avail 11 themselves of public transportation. There are 12 two or three other small amendments that would 13 assist people in Staten Island that have that 14 problem. 15 SENATOR OPPENHEIMER: Senator, 16 my - 17 ACTING PRESIDENT FARLEY: Senator 18 Oppenheimer. 19 SENATOR OPPENHEIMER: My concern 20 had been the sort of confrontational situation 21 that we had between suburbia and the city, but 22 you've answered. It's not that. 23 Thank you. 7385 1 SENATOR VELELLA: Thank you. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 56, nays 3, 10 Senators Galiber, Mega and Mendez recorded in 11 the negative. 12 ACTING PRESIDENT FARLEY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1540, substituted earlier, by the Assembly 16 Committee on Rules, Assembly Bill Number 7660, 17 Retirement and Social Security Law. 18 ACTING PRESIDENT FARLEY: You can 19 read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 7386 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 59. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1542, substituted earlier, by the Assembly 7 Committee on Rules, Assembly Bill Number 8074, 8 Administrative Code of the city of New York. 9 ACTING PRESIDENT FARLEY: Senator 10 Velella has a home rule message here at the 11 desk. You can read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 59. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1546, substituted earlier. 22 SENATOR KUHL: Lay aside. 23 ACTING PRESIDENT FARLEY: Laid 7387 1 aside. 2 THE SECRETARY: Calendar Number 3 1548, substituted earlier, by the Assembly 4 Committee on Rules, Assembly Bill Number 8665, 5 Education Law. 6 SENATOR STACHOWSKI: Lay it 7 aside. 8 ACTING PRESIDENT FARLEY: Lay it 9 aside temporarily. 10 THE SECRETARY: Calendar Number 11 1554, substituted earlier by the Assembly 12 Committee on Rules, Assembly Bill Number 8699, 13 amends Chapter 502 of the Laws of 1992, relating 14 to certain non-judicial officers and employees. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 59. 23 ACTING PRESIDENT FARLEY: The 7388 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1559, by the Senate Committee on Rules, Senate 4 Bill Number 6111, amends Chapter 348 of the Laws 5 of 1989, amending the Retirement and Social 6 Security Law. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FARLEY: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 59. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Excuse me. Ayes 18 58, nays one, Senator Kuhl recorded in the 19 negative. 20 ACTING PRESIDENT FARLEY: Senator 21 Seward, could you see me for a minute? 22 THE SECRETARY: Calendar Number 23 1560, by the Committee on Rules, Senate Bill 7389 1 Number 6113, an act to amend the Education Law. 2 ACTING PRESIDENT SEWARD: Last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SEWARD: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 59. 10 ACTING PRESIDENT SEWARD: The 11 bill is passed. 12 SENATOR GALIBER: Could we 13 reconsider the vote by which that bill was 14 passed. 15 ACTING PRESIDENT SEWARD: Call 16 the roll on reconsideration. 17 (The Secretary called the roll on 18 reconsideration.) 19 THE SECRETARY: Ayes 59. 20 SENATOR GALIBER: Would you lay 21 it aside for an explanation, please. 22 ACTING PRESIDENT SEWARD: The 23 bill is laid aside. 7390 1 SENATOR KUHL: We're on Calendar 2 Number 1560, we're on the controversial 3 calendar. If there's an explanation being asked 4 for, we'll debate the bill right now. 5 Senator Spano, explanation. 6 ACTING PRESIDENT SEWARD: Senator 7 Spano for an explanation. 8 SENATOR SPANO: Mr. President, 9 this bill would allow the Yonkers School 10 District to participate -- continue to 11 participate in the employment preparation 12 education program without providing its 13 maintenance of effort share for the 1993-94 14 school year. 15 Yonkers, as many of the members 16 of this house probably realize, has had many 17 problems in terms of the court-ordered 18 desegregation of its school system. The 19 district simply cannot fund the programs that 20 are not covered by the desegregation order and 21 this bill would give them that exemption. 22 SENATOR GALIBER: Explanation 23 satisfactory. 7391 1 SENATOR SPANO: Last section. 2 SENATOR KUHL: Last section. 3 ACTING PRESIDENT SEWARD: Last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SEWARD: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 59. 11 ACTING PRESIDENT SEWARD: The 12 bill is passed. Senator Kuhl, that completes 13 the controversial. 14 SENATOR KUHL: Not quite, Mr. 15 President. May we return to Calendar Number 16 1538, Senator Goodman's bill. 17 ACTING PRESIDENT SEWARD: 18 Secretary will read 1538. 19 THE SECRETARY: Calendar Number 20 1538, substituted earlier today, by member of 21 the Assembly Nolan, Assembly Bill Number 4740-A, 22 Real Property Tax Law. 23 ACTING PRESIDENT SEWARD: Call 7392 1 the roll. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 59. 6 ACTING PRESIDENT SEWARD: The 7 bill is passed. 8 Senator Kuhl. 9 SENATOR KUHL: Yes, Mr. 10 President. If we might just temporarily stand 11 at ease for a few moments. 12 (The Senate stood at ease from 13 6:52 to 6:58 p.m.) 14 ACTING PRESIDENT SEWARD: Senator 15 Kuhl. 16 SENATOR KUHL: Yes, Mr. 17 President. There being no further business 18 before us this day, I move the Senate stand 19 adjourned until tomorrow at 2:30. 20 ACTING PRESIDENT SEWARD: The 21 Senate stands adjourned until tomorrow at 2:30. 22 (Whereupon at 6:59 p.m., the 23 Senate adjourned.)