Wednesday, July 7, 1993

8033 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 July 7, 1993 11 2:58 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LIEUTENANT GOVERNOR STAN LUNDINE, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 8034 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. I'd like to ask everyone present 4 to rise and repeat the Pledge of Allegiance with 5 me. 6 (Whereupon, the Senate joined in 7 the Pledge of Allegiance to the Flag. ) 8 Please be seated. 9 In the absence of visiting 10 clergy, may we bow our heads in a moment of 11 silence. 12 (Whereupon, there was a moment of 13 silence. ) 14 Secretary will read the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, July 6, the Senate met pursuant to 17 adjournment. Prayer by Father Peter G. Young of 18 the Blessed Sacrament Church of Bolton Landing. 19 The Journal of Monday, July 5, was read and 20 approved. On motion, Senate adjourned. 21 THE PRESIDENT: Hearing no 22 objection, the Journal stands approved as read. 23 The Chair will state that the 8035 1 reason for the lights being dim is that the 2 Office of General Services has advised us that, 3 due to concern about a brown-out and concern 4 about power surge, that until the immediate 5 emergency has passed, they've asked us not to 6 use the television lights. This, believe it or 7 not, is the normal light of the state Senate. 8 So we will operate in the normal light. 9 I think you will adjust, Senator 10 Gold. If I know you, you will adjust very 11 quickly to the different atmosphere. 12 Presentation of petitions. 13 Messages from the Assembly. 14 Messages from the Governor. 15 Reports of standing committees. 16 Secretary will read. 17 THE SECRETARY: Senator Marino, 18 from the Committee on Rules, reports the 19 following bills directly for third reading: 20 Senate Bill Number 4696A, by 21 Senator Larkin, authorize the Highland Falls 22 Central School Districts to finance the 23 accumulated deficit. 8036 1 5124B, by Senator Marchi, an act 2 to amend the Public Health Law. 3 5132A, by Senator Farley, 4 Environmental Conservation Law. 5 5178B, by Senator Johnson, 6 restoring Emil G. Pavlik, Jr. to Tier II 7 membership. 8 5795, by Senator Cook, an act to 9 amend the Education Law. 10 5830A, by Senator Velella, an act 11 to amend the Insurance Law. 12 5862B, by Senator Velella, an act 13 to amend the Insurance Law. 14 6136, by Senator LaValle, an act 15 to amend the Social Services Law. 16 6169, by Senator DeFrancisco, an 17 act to amend the Executive Law. 18 6175, by the Committee on Rules, 19 amends Chapter 883 of the Laws of 1980. 20 6180, by Senator DeFrancisco, 21 Real Property Tax Law. 22 6182, by Senator Larkin, 23 Navigation Law. 8037 1 6188, by the Senate Committee on 2 Rules, an act to amend the Education Law. 3 6189, by the Senate Committee on 4 Rules, an act to amend the Tax Law. 5 6190, by the Senate Committee on 6 Rules, an act to amend the Local Finance Law. 7 6191, by the Senate Committee on 8 Rules, an act to amend the Tax Law. 9 6193, by the Senate Committee on 10 Rules, granting access to certain records 11 maintained by the Division of Criminal Justice 12 Services. 13 6194, by the Senate Committee on 14 Rules, amends Chapter 60 of the Laws of 1993. 15 Assembly Bill Number 8588, by the 16 Assembly Committee on Rules, an act to amend the 17 Education Law. 18 Also Assembly Bill Number 8732, 19 by the Assembly Committee on Rules, an act to 20 amend the Education Law. 21 All bills reported directly for 22 third reading. 23 THE PRESIDENT: Without 8038 1 objection, third reading. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 THE SECRETARY: On page 27 of 7 today's calendar, Senator Skelos moves to 8 discharge the Committee on Rules from Assembly 9 Bill Number 6823C, and substitute it for the 10 identical Third Reading 1601. 11 THE PRESIDENT: Substitution 12 ordered. 13 Senator Holland. 14 SENATOR HOLLAND: Mr. President, 15 I wish to call up Senator Levy's bill, Print 16 Number 4849, recalled from the Assembly which is 17 now at the desk. 18 THE PRESIDENT: Secretary will 19 read. 20 THE SECRETARY: By Senator Levy, 21 Senate Bill Number 4849, an act to amend the 22 Public Authorities Law. 23 SENATOR HOLLAND: Mr. President, 8039 1 I now move to reconsider the vote by which this 2 bill was passed. 3 THE PRESIDENT: The Secretary 4 will call the roll on reconsideration. 5 (The Secretary called the roll on 6 reconsideration. ) 7 THE SECRETARY: Ayes 34. 8 THE PRESIDENT: The bill is 9 before the house. 10 SENATOR HOLLAND: Mr. President, 11 I now offer the following amendments and now 12 move to discharge from the Committee on Finance 13 Assembly Print 5292B and substitute it for his 14 bill. The Senate bill on first passage was 15 voted unanimously. I now move that the 16 substituted Assembly bill have its third reading 17 at this time. 18 THE PRESIDENT: The Senate bill 19 is amended, and the Assembly substitution is 20 made. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8040 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Unanimous. 4 THE PRESIDENT: The bill is 5 passed. 6 Senator Mega. 7 SENATOR MEGA: Mr. President, on 8 behalf of Senator Hannon, I wish to call up his 9 bill, Senate Print Number 4460, recalled from 10 the Assembly, which is now at the desk. 11 THE PRESIDENT: Secretary will 12 read. 13 THE SECRETARY: By Senator 14 Hannon, Senate Bill Number 4460, an act to amend 15 the Civil Practice Law and Rules. 16 SENATOR MEGA: I now move to 17 reconsider the vote by which this bill was 18 passed and ask that the bill be restored to the 19 order of third reading. 20 THE PRESIDENT: The Secretary 21 will call the roll on reconsideration. 22 (The Secretary called the roll on 23 reconsideration. ) 8041 1 THE SECRETARY: Ayes 34. 2 THE PRESIDENT: Third reading. 3 SENATOR MEGA: I now move to 4 discharge from the Committee on Codes Assembly 5 Print Number 1025 and substitute it for Senator 6 Hannon's identical bill. The Senate bill on 7 first passage was voted unanimously. I now move 8 that the substituted Assembly bill have its 9 third reading at this time. 10 THE PRESIDENT: Substitution 11 ordered. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Unanimous. 18 THE PRESIDENT: The bill is 19 passed. 20 SENATOR PRESENT: Mr. President. 21 THE PRESIDENT: Senator Present. 22 SENATOR PRESENT: Will you take 23 up the non-controversial calendar, please. 8042 1 THE PRESIDENT: Secretary will 2 read. 3 THE SECRETARY: On page 6 of 4 today's calendar, Calendar Number 395, by - 5 SENATOR PRESENT: Lay it aside. 6 THE PRESIDENT: The bill is laid 7 aside. 8 THE SECRETARY: Calendar Number 9 470. 10 SENATOR PRESENT: Lay it aside. 11 THE PRESIDENT: The bill is laid 12 aside. 13 THE SECRETARY: Calendar Number 14 588. 15 SENATOR PRESENT: Lay it aside. 16 THE PRESIDENT: This bill is 17 high. It will be laid aside. 18 THE SECRETARY: Calendar Number 19 833. 20 SENATOR PRESENT: The bill is 21 high. Lay it aside. 22 THE PRESIDENT: This bill is 23 high. It will be laid aside. 8043 1 THE SECRETARY: Calendar Number 2 887. 3 SENATOR PRESENT: Lay it aside. 4 THE PRESIDENT: The bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 1108. 8 THE PRESIDENT: This bill is high 9 -- oh, wait. 1108 or 1109? 10 THE SECRETARY: I said 1108. 11 THE PRESIDENT: This bill is 12 high. It will be laid aside. 13 THE SECRETARY: Calendar Number 14 1133, by the Assembly Committee on Rules, 15 Assembly Bill Number 8294A, an act to amend the 16 Executive Law, the Criminal Procedure Law and 17 the Family Court Act. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 8044 1 THE SECRETARY: Ayes 30. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1185, by the Assembly Committee on Rules, 6 Assembly Bill Number 7838A, amends Chapter 824 7 of the Laws of 1933. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 38. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1251. 19 SENATOR PRESENT: Lay it aside,, 20 please. 21 THE PRESIDENT: The bill is laid 22 aside. 23 THE SECRETARY: Calendar Number 8045 1 1255. 2 THE PRESIDENT: This bill is 3 high. It will be laid aside. 4 THE SECRETARY: Calendar Number 5 1333. 6 THE PRESIDENT: This bill is 7 high. It will be laid aside. 8 THE SECRETARY: Calendar Number 9 1338. 10 SENATOR PRESENT: Lay it aside, 11 please. 12 THE PRESIDENT: The bill is laid 13 aside. 14 THE SECRETARY: Calendar Number 15 1347. 16 THE PRESIDENT: This bill is 17 high. It will be laid aside. 18 THE SECRETARY: Calendar Number 19 1371. 20 SENATOR PRESENT: Lay it aside, 21 please. 22 THE PRESIDENT: The bill is laid 23 aside. 8046 1 THE SECRETARY: Calendar Number 2 1461. 3 SENATOR PRESENT: Lay it aside, 4 please. 5 THE PRESIDENT: The bill is laid 6 aside. 7 THE SECRETARY: Calendar Number 8 1517, by the Assembly Committee on Rules. 9 Assembly Bill Number 8248A, Public Authorities 10 Law. 11 SENATOR GALIBER: Explanation. 12 THE PRESIDENT: The bill will be 13 laid aside. 14 THE SECRETARY: Calendar 1544, by 15 the Assembly Committee on Rules, Assembly Bill 16 Number 7898A, Public Authorities Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 41. 8047 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1545, by the Assembly Committee on Rules, 5 Assembly Bill Number 8458A, an act to amend the 6 Public Authorities Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 40. Nays 14 one, Senator Hannon recorded in the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1548. 19 SENATOR VOLKER: Lay that bill 20 aside. 21 THE PRESIDENT: The bill is laid 22 aside. 23 THE SECRETARY: Calendar Number 8048 1 1553, by the Assembly Committee on Rules, 2 Assembly Bill Number 8751, an act to amend the 3 Tax Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 41. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1580. 15 THE PRESIDENT: The bill is 16 high. It will be laid aside. 17 THE SECRETARY: Calendar Number 18 1582, by the Senate Committee on Rules, Senate 19 Bill Number 6116, authorize the participation of 20 local government units. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 8049 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 41. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1607, by Senator Tully, Senate Bill Number 6148. 9 SENATOR VOLKER: Lay it aside, 10 please. 11 THE PRESIDENT: The bill is laid 12 aside. 13 THE SECRETARY: Calendar Number 14 1609, by Senator Farley, Senate Bill Number 15 6153, Retirement and Social Security Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 40, nays 23 one, Senator Gold recorded in the negative. 8050 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1611. 5 THE PRESIDENT: The bill is 6 high. It will be laid aside. 7 THE SECRETARY: Calendar Number 8 1613, by the Assembly Committee on Rules, Senate 9 Bill Number 6164, organization of the Unadilla 10 Central School District. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 42. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1614, by Senator Levy, Senate Bill Number 6165, 22 an act to amend the Vehicle and Traffic Law. 23 THE PRESIDENT: Read the last 8051 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 40, nays 2, 7 Senators Farley and Johnson recorded in the 8 negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1624, by the Assembly Committee on Rules, 13 Assembly Bill Number 7878, an act to amend the 14 Election Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1624 are 23 Senators Dollinger, Jones, Kuhl, Larkin, Pataki, 8052 1 Saland and Sheffer. Ayes 35, nays 7. 2 THE PRESIDENT: The bill is 3 passed. 4 SENATOR LEICHTER: Mr. President. 5 THE PRESIDENT: Senator Leichter. 6 SENATOR LEICHTER: May I have 7 unanimous consent to be recorded in the negative 8 on Calendar 1609, please. 9 THE PRESIDENT: Without 10 objection, so ordered. 11 THE SECRETARY: Calendar Number 12 1630, by the Senate Committee on rules, Senate 13 Bill Number 6167, amends a chapter of the laws 14 of 1993. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 43. 22 THE PRESIDENT: The bill is 23 passed. 8053 1 THE SECRETARY: Calendar Number 2 1631, by Senator Levy, Senate Bill Number 6170, 3 an act to amend the Vehicle and Traffic Law. 4 SENATOR GOLD: I'm sorry. 5 THE PRESIDENT: This is 1631, by 6 Senator Levy. 7 Read the last section. 8 SENATOR GOLD: Will you tell me 9 the bill number? 10 THE SECRETARY: Senate Bill 11 Number 6170, an act to amend the Vehicle and 12 Traffic Law, in relation to the re-examination 13 and disqualification of certain bus drivers. 14 SENATOR GOLD: Lay it aside. 15 THE PRESIDENT: The bill is laid 16 aside. 17 THE SECRETARY: Calendar Number 18 1633, Assembly Budget Bill, Assembly Bill Number 19 8834, amends Chapter 50 of the Laws of 1993. 20 SENATOR PRESENT: Lay it aside. 21 THE PRESIDENT: The message was 22 accepted last evening. The bill is laid aside. 23 THE SECRETARY: Calendar Number 8054 1 1636. 2 SENATOR PRESENT: Lay it aside. 3 THE PRESIDENT: The bill is laid 4 aside. 5 THE SECRETARY: Calendar Number 6 1638 - 7 THE PRESIDENT: There is a home 8 rule message at the desk. 9 THE SECRETARY: -- by the 10 Assembly Committee on Rules. 11 SENATOR GALIBER: Lay it aside. 12 SENATOR GOLD: Lay it aside. 13 THE PRESIDENT: The bill is laid 14 aside. 15 That completes action on the 16 non-controversial calendar. 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 will you recognize Senator Galiber, please. 20 THE PRESIDENT: Senator Galiber. 21 SENATOR GALIBER: Mr. President. 22 I have a privileged resolution at the desk 23 memorializing a Ms. Wise. I would like the 8055 1 title be read. 2 THE PRESIDENT: Secretary will 3 read. 4 THE SECRETARY: By Senator 5 Galiber, Legislative Resolution memorializing 6 the life and career of Gloria E. Wise. 7 (Whereupon, Senator Farley was in 8 the chair. ) 9 ACTING PRESIDENT FARLEY: On the 10 resolution. All those in favor say aye. 11 (Response of "Aye.") 12 Those opposed, nay. 13 (There was no response. ) 14 The resolution is adopted. 15 ACTING PRESIDENT FARLEY: Senator 16 Present. 17 SENATOR PRESENT: Mr. President, 18 let's take up the controversial calendar in 19 order. 20 ACTING PRESIDENT FARLEY: 21 Controversial calendar. Secretary will read it. 22 THE SECRETARY: On page 6, 23 Calendar Number 395, by member of the Assembly 8056 1 Parment, Assembly Bill Number 3819B, an act to 2 amend the Agriculture and Markets Law. 3 SENATOR PRESENT: Lay it aside. 4 ACTING PRESIDENT FARLEY: Lay it 5 aside. 6 THE SECRETARY: On page 7, 7 Calendar Number 470, by member of the Assembly 8 Lasher, Assembly Bill Number 1829B, Private 9 Housing Finance Law. 10 SENATOR PRESENT: Lay it aside. 11 ACTING PRESIDENT FARLEY: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 588 - 15 ACTING PRESIDENT FARLEY: It's a 16 high print. Lay it aside. 17 THE SECRETARY: Calendar Number 18 833. 19 ACTING PRESIDENT FARLEY: It's 20 high. Lay it aside. 21 THE SECRETARY: Calendar Number 22 887. 23 ACTING PRESIDENT FARLEY: Lay it 8057 1 aside. 2 THE SECRETARY: Calendar Number 3 1108. 4 ACTING PRESIDENT FARLEY: It's a 5 high print. Lay it aside. 6 THE SECRETARY: On page 21, 7 Calendar Number 1251, by Senator Lack, Senate 8 Bill Number 5263, an act to amend the Labor Law. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 SENATOR PRESENT: Lay it aside. 14 ACTING PRESIDENT FARLEY: Lay 15 that bill aside. Withdraw the roll call. 16 Senator Present. 17 SENATOR PRESENT: Calendar 1638, 18 please. 19 ACTING PRESIDENT FARLEY: 20 Secretary will call up 1638. 21 THE SECRETARY: Calendar Number 22 1638, by the Assembly Committee on Rules, 23 Assembly Bill Number 8595, authorize the city of 8058 1 New York to continue the use of a portion of the 2 Pelham Bay Park, in the borough of the Bronx. 3 SENATOR OPPENHEIMER: 4 Explanation. 5 SENATOR GOLD: I think Senator 6 Galiber would like an explanation. 7 ACTING PRESIDENT FARLEY: 8 Explanation. Senator Maltese, are you the 9 explainer? 10 SENATOR MALTESE: Yes, Mr. 11 President. 12 SENATOR GOLD: Senator, if you'll 13 hold on just one second for Senator Galiber. 14 SENATOR GALIBER: I think Senator 15 Velella wanted to debate it. Do you want to go 16 forward now, or do you want to wait for him? 17 SENATOR MALTESE: Lay it aside, 18 Mr. President. 19 ACTING PRESIDENT FARLEY: Lay the 20 bill aside. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 can we stand at ease for a moment? 8059 1 ACTING PRESIDENT FARLEY: We will 2 stand easy. 3 (Whereupon, at 3:27 p.m., the 4 Senate was at ease. ) 5 (Whereupon, at 3:45 p.m., the 6 Senate reconvened. ) 7 SENATOR PRESENT: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Present. 10 SENATOR PRESENT: For those who 11 would listen - 12 ACTING PRESIDENT FARLEY: Hold 13 on. I think this is an important notice. 14 (Whereupon, the Acting President 15 gaveled for order. ) 16 SENATOR PRESENT: I hope it's 17 important. 18 ACTING PRESIDENT FARLEY: 19 Everything you say is important. 20 SENATOR PRESENT: We intend to 21 work through and finish tonight. 22 ACTING PRESIDENT FARLEY: All 23 right. 8060 1 SENATOR PRESENT: Let's hear it 2 for that. 3 ACTING PRESIDENT FARLEY: Let's 4 hear it -- yea-a-a-a-a! 5 (Applause). 6 SENATOR PRESENT: There will be 7 some down time, but we will try to keep it 8 maintained, and I need everybody's cooperation. 9 We have requested a number of messages from the 10 Governor that are forthcoming, I hope. I 11 certainly need everybody's cooperation. We will 12 be considering a number of nominations, so there 13 will be a meeting of the Finance Committee and 14 the Judiciary Committee called from the floor. 15 So bear with us and bear with me and those down 16 times when we stand at ease. I would hope that 17 most members will remain in the chamber so when 18 they have a bill that comes before us, they will 19 be here to speak to it. 20 Thank you. 21 Would you recognize - 22 ACTING PRESIDENT FARLEY: Shall I 23 repeat your message? 8061 1 SENATOR PRESENT: As best you 2 can. 3 ACTING PRESIDENT FARLEY: As best 4 as I can summarize: The Senate will be working 5 through with some down time. All Senators are 6 requested to be in the chamber in case their 7 bill comes up. The Majority Leader and Minority 8 Leader has asked the cooperation of all members 9 so that we can finish up on a reasonable hour. 10 Senator Holland. 11 SENATOR HOLLAND: Mr. President. 12 There will be a meeting of the Social Services 13 Committee in Room 124 of the Capitol at 4:30 to 14 consider the nomination of Mike Dowling 15 Commissioner of Social Services. 16 ACTING PRESIDENT FARLEY: There 17 will be a meeting of the Social Services 18 Committee in Capitol 124 to consider the 19 nomination of Michael Dowling, the Honorable 20 Michael Dowling of the Governor's office at 21 4:30. 22 Senator Present. 23 SENATOR PRESENT: Mr. President, 8062 1 call up Calendar 1638. 2 ACTING PRESIDENT FARLEY: 1638. 3 Secretary will read it. 4 THE SECRETARY: Calendar Number 5 1638, by the Assembly Committee on Rules, 6 Assembly Bill Number 8595. 7 SENATOR GALIBER: Explanation. 8 ACTING PRESIDENT FARLEY: An 9 explanation has been asked for. 10 Senator Maltese. 11 SENATOR MALTESE: Mr. President, 12 the purpose of this bill is to authorize the 13 city of New York to continue the use pf a 14 portion of Pelham Bay Park in the borough of the 15 Bronx in an area called Rodman's Neck for law 16 enforcement and public safety purposes. 17 The portion that is involved is 18 48.7 acres, a portion that is 1.7366 percent of 19 the entire park which is 2,764 thousand 764 20 acres. This parcel has been dedicated as 21 parkland since World War I, but has been 22 repeatedly used by federal and state agencies 23 for military and law enforcement purposes. 8063 1 Since 1969, the police department 2 and other law enforcement and public safety 3 agencies have utilized the site as an outdoor 4 firing range, training facility and bomb 5 detonation area. 6 Mr. President, the site is used 7 by approximately 25,000 New York City law 8 enforcement personnel and approximately 5- to 9 6,000 personnel from all other parts of the 10 state and the country. I have just gotten off 11 the telephone with Ray Kelly, the Police 12 Commissioner of the city of New York, who has 13 advised me in the strongest terms that this is 14 absolutely needed as a facility. 15 It is in a remote area. It is in 16 an area that is well suited for the purposes 17 they utilize it, having apparently -- I have 18 never been there, but apparently building sites 19 that can be used in the training of police 20 officers. 21 It is utilized not only for 22 training for firing weapons of all types but for 23 undercover -- I retract that -- for the purposes 8064 1 of police officers who would have to fire or 2 protect themselves from residences, from behind 3 buildings, behind occupied buildings. It is a 4 facility that is absolutely unique. 5 The Mayor of the city of New York 6 and the Police Commissioner have indicated that 7 if a time comes when the facility is no longer 8 needed, they will then utilize it for no other 9 purposes, and it will revert to park land. 10 The reason for this legislation 11 is a lawsuit was brought by a group called Sound 12 Watch in July of '92 against the City alleging 13 that the use of Rodman's Neck as an outdoor 14 firing range required approval of the 15 Legislature. This approval would make the 16 lawsuit moot. 17 It was passed by the Assembly, 18 non-controversial, with one dissenting vote, 19 Assemblywoman Glick. The district is entirely 20 within Assemblyman Kaufman's area, and he is the 21 sponsor and carries the bill. 22 ACTING PRESIDENT FARLEY: Senator 23 Galiber and then Senator Oppenheimer. 8065 1 SENATOR GALIBER: Senator, will 2 you yield for a question? 3 SENATOR MALTESE: Yes. 4 SENATOR GALIBER: Some of my 5 colleagues asked me to -- when you had that 6 meeting with the Police Commissioner, did you 7 talk about those two persons in the car this 8 morning? 9 SENATOR MALTESE: He didn't 10 mention it. 11 SENATOR GALIBER: He didn't 12 mention it. You didn't either, did you? 13 SENATOR MALTESE: (There was no 14 response. ) 15 Senator, you say there's 47 acres 16 there. How much of that acreage is actually 17 used by the police department, F.B.I., 18 combination law enforcement people, if you know? 19 SENATOR MALTESE: Mr. President, 20 I don't know. They have advised me in the 21 material I have before me, which is everything I 22 have on it, that they need the entire facility 23 because, in addition to the training facility, 8066 1 it is the only repository in all of New York 2 City and the surrounding counties where they 3 take bombs or suspected bombs to detonate them 4 without danger to the surrounding community. 5 SENATOR GALIBER: So they use the 6 entire 47 acres; is that correct? 7 SENATOR MALTESE: That is my 8 understanding. 9 SENATOR GALIBER: Is it used by 10 the public at all, any part of that 47 acres? Do 11 you know? 12 SENATOR MALTESE: Mr. President, 13 my understanding, Senator, it is not. I have 14 before me a letter dated June 24, 1993, from the 15 Police Commissioner of the city of New York 16 indicating the various types of training, and 17 the average number of use per day and the amount 18 -- for instance, recruit training, 216 shooters 19 a day, double barrel shotgun 20, so on and so 20 forth, and it adds up to 688. It would seem 21 that based on that figure and the list -- very 22 extensive list that I have available and would 23 be pleased to make available to you -- of awful 8067 1 the law enforcement groups that utilize it, it 2 would seem that it is well-utilized and 3 extensively utilized. 4 SENATOR GALIBER: Senator, one 5 other question. Have you had occasion to hear 6 about the contamination in that area? 7 SENATOR MALTESE: Yes, Mr. 8 President. Senator Galiber, I am advised that 9 as the result of another lawsuit by Sound Watch, 10 a federal lawsuit, the city is under a mandate 11 to do a number of things which they have begun 12 doing. They have also made a representation that 13 within two years at the most they will 14 complete. This is as a result of the lead 15 contamination and other contamination, I 16 suppose, from the spent shells and shots and 17 bombs and what not. They are taking steps to 18 put some type of an underground covering, I 19 believe, of some plastic material utilized for 20 that purpose so that the further use of lead 21 does not leach into the soil. They have 22 undertaken a cleaning operation and have an 23 advisory council composed of residents of the 8068 1 community as well as others, which is working 2 with them to see that the mayor and the city of 3 New York cleans the area as much as possible. 4 SENATOR GALIBER: Okay. Do you 5 know how far this plot is, this 47 acres, from 6 the Orchard Beach area? 7 SENATOR MALTESE: I do not, 8 Senator. 9 SENATOR GALIBER: Do you know 10 whether or not any of the contamination that has 11 not been ascertained in terms of how much, is 12 there any indication that any of it has gone 13 into the Orchard Beach area which, my 14 understanding is, it isn't too far? 15 SENATOR MALTESE: Not in the 16 material I have, Senator. There are certain 17 representations made to the community and to the 18 community boards, none of them have to do 19 further, at least in the material I have 20 available, with that. They have to do with 21 putting up of sound barriers, with which they 22 are proceeding to do to eliminate or at least 23 decrease the volume of sound reaching the 8069 1 surrounding areas. It also has to do with 2 lessening the hours of operation. They have 3 taken dramatic steps to decrease the early 4 morning hours and the late hours, and they are 5 studying further decreasing the hours of 6 operation. 7 SENATOR GALIBER: We are all 8 concerned about the health and welfare of police 9 officers notwithstanding some of the debates we 10 have here. How about the contamination to the 11 police officer and the law enforcement people 12 who over a period of years have been using that 13 area? I think that's one of the bones of 14 contention; that it is contaminated. It should 15 not be used. They should clear it up first. 16 That it is actually a hazard to the health and 17 welfare of the very same persons that we are 18 deeply concerned about, and that is with our law 19 enforcement arm of our state and nation. 20 SENATOR MALTESE: Mr. President, 21 according to the terms of the consent order, the 22 City is obligated to remediate the lead 23 contamination in accordance with the 8070 1 decontamination plan developed from the site 2 assessment. But there is no -- at least not in 3 the papers I have available, there is no 4 indication of steps that are being taken to 5 protect the police officers who would utilize it 6 on a daily basis. 7 On the other hand, having to some 8 degree worked with Senator Daly at some of the 9 lead contamination hearings held by Senator Daly 10 for the state Senate, it would seem from the 11 limited knowledge that I have of this that the 12 danger of this is not significant and that the 13 steps undertaken by the city of New York would 14 decrease that danger even further. 15 SENATOR GALIBER: But obviously 16 it is not in your papers; so, therefore, you 17 would not know. 18 SENATOR MALTESE: It ain't in 19 here, Senator. 20 SENATOR GALIBER: On the bill - 21 never mind the -- in the park - 22 One other question. In the 23 parkland, you say since World War I. Was there 8071 1 a lease as far as that parkland is concerned or 2 is it by executive order or by over a period of 3 years just by eminent -- use of that property? 4 SENATOR MALTESE: Mr. President, 5 I'm advised that it was utilized, as the Senator 6 indicated, as parkland since World War I; but, 7 since 1959, it has been used for these purposes 8 and that -- I don't have whether it's an 9 executive order, but the tenor of the papers 10 that I have seem to indicate that it seems to be 11 an incremental use over a period of time, and 12 now it's well established after 34 years, and 13 the City is looking to continue that use for the 14 indefinite future. 15 SENATOR GALIBER: Okay. Very 16 briefly on the bill, Mr. President. Senator, I 17 know of your deep concern about the law 18 enforcement personnel and, as I said, not with 19 tongue in cheek, that notwithstanding some of 20 the debates that we have from time to time. It 21 has to do with a procedural -- certainly nothing 22 to do with the fine thin line that we make 23 reference to, and I respect those persons who 8072 1 are part of our law enforcement agencies. 2 Senator, I fear that this 3 contamination, whether we can say on one day 4 we're concerned about two persons being in a car 5 or no, and I'm not being facetious about that, 6 but the underlying concept being that we are 7 concerned about the safety and welfare of our 8 law enforcement personnel, that this 9 contamination has been going on so very long. 10 These lawsuits that have been brought, they're 11 not frivolous lawsuits. They are brought about 12 for a reason, and one of the reasons is the 13 concern about the contamination there and, there 14 are other than law enforcement people who wander 15 onto those places. But, by and large, those 16 persons who go there periodically are exposed to 17 this contamination which is a danger to their 18 health and welfare. 19 It would seem to me if that be 20 the case, and I know that is not in your papers 21 but certainly, knowing of your concern, there's 22 that outside possibility, and I would look with 23 some doubt as to whether or not we should be 8073 1 passing this piece of legislation and putting 2 our very fine law enforcement personnel in 3 jeopardy of contamination. 4 ACTING PRESIDENT FARLEY: Senator 5 Oppenheimer. 6 SENATOR OPPENHEIMER: Mr. 7 President, if the sponsor would yield -- no, 8 it's not a sponsor. If Senator Maltese would 9 yield. 10 Concerning the safety and 11 well-being of our police, of course, we're all 12 concerned about that, but are there not 13 alternatives available? I understand there is a 14 $240 million police academy in South Bronx which 15 is where the shooting for most of the police - 16 that the shooting range is. That's question 17 one. 18 And question two, if you would 19 again yield, is I have heard that indoor ranges 20 are what is currently being used most often by 21 police; and isn't that a safer usage? 22 SENATOR MALTESE: Mr. President. 23 ACTING PRESIDENT FARLEY: Senator 8074 1 Maltese. 2 SENATOR MALTESE: I have before 3 me a continuation of the document which was 4 signed by Ray Kelly, the Police Commissioner, 5 and he makes specific allusion to the points 6 brought up by Senator Oppenheimer, and I'd like 7 to read therefrom. 8 "An outdoor training facility is 9 needed to simulate field situations where police 10 officers are fired upon and return fire at armed 11 adversaries on the streets of New York City." 12 Then he goes, "Over approximately 13 three-quarters of all police shootings occur in 14 the street." 15 He then refers specifically to 16 the site in question and indicates, "There are 17 no other outdoor facilities in New York City or 18 in the areas surrounding the City that could 19 accommodate the tens of thousands of police 20 officers and provide similar training. 21 Additionally, there are no vacant areas, 22 according to the City's Division of Real 23 Property large enough to accommodate a 8075 1 replacement facility." 2 With respect to the Senator's 3 first portion of the question, the reasons for 4 the desirability of the Rodman's Neck site are 5 that it is geographically removed from densely 6 populated areas. It is not inhabited by 7 permanent residents. The closest dwellings are 8 protected by a large body of water. It is a 9 peninsula with limited access by only one road. 10 It is serviced by major highways and bridges 11 affording quick emergency response to all areas 12 of the city. It is bounded on three sides by 13 water which enhances the security of the site. 14 It is free of overhead utility lines, 15 electro-magnetic and radio waves, subways, 16 underground gas and fuel lines, which would be a 17 necessity for an area where they detonate bombs 18 and other similar material. 19 In addition, Mr. President, with 20 reference to the ease of access by major 21 highways, it would enable police personnel on 22 the Island to gain easy access to other areas of 23 the City in the event of an emergency. It 8076 1 provides a benefit to the people of City Island 2 and the surrounding area because they have 3 access to not only the police personnel who 4 would be readily accessible, but the goings and 5 comings of the police officers provide an extra 6 amount of police security to the affected area. 7 SENATOR OPPENHEIMER: Thank you, 8 Senator. 9 On the bill. I would like to 10 speak to the environmental considerations of 11 this bill, and I should note that there are many 12 organizations opposed. The Natural Resources 13 Defense Council is opposed to this bill, 14 Citizens Union, the Audubon Society, NYPIRG and 15 others. 16 And the reason that they feel 17 strongly about this, there are a few reasons. 18 The first is that this is a dedicated parkland 19 by the New York State Legislature. It is not 20 supposed to be used for non-park usage, and it 21 has been used for non-park usage for the last 34 22 years by the police department. 23 In fact, it's one of the world's 8077 1 largest firing ranges, and it is all done 2 without legislative approval. Not only does it 3 go contrary to our dedication of parkland, but 4 it is also contrary to our coastal zone 5 management policies of this state which have as 6 a foundation the ability for the public to 7 access waterfront land. 8 Furthermore, these wetlands could 9 be restored and they could provide a natural 10 filtration for the pollutants which are, 11 unfortunately, increasingly common, particularly 12 nitrogen, in the Long Island Sound. There are 13 alternative sites as far as indoor sites for 14 range -- for firing ranges. 15 And a clean-up is going on 16 currently. The City has agreed as a result of a 17 recent federal lawsuit to spend $7.8 million to 18 remove the lead from the soil. 19 This legislation clearly is a 20 rebuff of the New York Coastal Fishermen's 21 Association and Sound Watch. They commenced an 22 Article 78 against the City. And by passing this 23 legislation, we are not permitting the courts to 8078 1 make the decision on the Article 78. 2 This land is really very special 3 land. It is almost 50 acres of a peninsula which 4 is just invaluable, in densely populated areas 5 in particular. The parkland belongs to the 6 people. We have dedicated it in this 7 Legislature many years ago for the people. If 8 the lawsuit continues, it might very well be 9 returned to the people. 10 I would urge those who care about 11 the validity of the steps we take in this 12 chamber -- by dedicating parkland, it should 13 remain parkland. I would urge everyone to vote 14 no. 15 SENATOR VELELLA: Mr. President. 16 ACTING PRESIDENT FARLEY: Senator 17 Gold. 18 SENATOR GOLD: I will yield to 19 Senator Velella. 20 ACTING PRESIDENT FARLEY: Senator 21 Gold yields to you. 22 SENATOR VELELLA: Mr. President, 23 I just want to speak on this bill briefly 8079 1 because the particular property is located 2 within my Senate District, and we have held 3 public hearings on it, and I can tell you that, 4 probably, if you took a head count, the 5 community is split right down the middle. It's 6 a tough choice between the preservation of the 7 parklands and whether or not we ought to be 8 meeting our obligation to help support the 9 police department in New York City and provide 10 adequate training facilities for them. 11 After a lot of discussion and 12 deliberations, I have personally decided to 13 oppose this bill thinking that the importance of 14 the parkland is something that is very important 15 to the community and that we ought to be working 16 with the police department to find alternatives 17 to it. 18 For that reason, I will be 19 opposing the bill. 20 SENATOR GOLD: Mr. President. 21 ACTING PRESIDENT FARLEY: Senator 22 Gold. 23 SENATOR GOLD: Yes. I'm just 8080 1 trying to straighten out some of this. Senator 2 Velella yield to a question? 3 SENATOR VELELLA: Yes, Senator. 4 SENATOR GOLD: Senator, is there 5 a home rule message on this bill? 6 SENATOR VELELLA: Yes, Senator, 7 there is a home rule message on it. It would 8 not be before the house if there were not a home 9 rule message, I don't believe. 10 SENATOR GOLD: Will Senator yield 11 to a question? 12 SENATOR VELELLA: Yes, Senator. 13 SENATOR GOLD: Do you know what 14 the vote was in the City Council on the home 15 rule? 16 SENATOR VELELLA: I don't know 17 what the exact number was. I do know that the 18 local councilman, Councilman Michael DeMarco, 19 opposed it on the -- on the vote in the Council. 20 I don't know what the Council vote was. There 21 was some opposed; some for it. 22 As I said, the community is 23 pretty much split. Assemblyman Kaufman and I 8081 1 come down on different sides of the issue. The 2 local City Councilman is against it, and I have 3 decided that I will oppose the bill. 4 SENATOR GOLD: Thank you. 5 Will Senator Maltese yield to a 6 question? Senator, just by way of information, I 7 didn't have a chance to speak to Commissioner 8 Kelly today, but you did. Did you happen to ask 9 him about his opinion on one or two men in 10 police cars? 11 SENATOR MALTESE: Mr. President, 12 I didn't ask his opinion on that particular 13 question. As I said the other evening, 14 sometimes we're right and sometimes we're wrong. 15 I think that Commissioner Kelly from time to 16 time, probably in the vast preponderance of 17 instances, is absolutely on the mark and 18 correct. 19 SENATOR GOLD: All right. Will 20 you yield to -- will the gentleman yield to one 21 more question? 22 ACTING PRESIDENT FARLEY: Would 23 you yield again? 8082 1 SENATOR MALTESE: Yes. 2 SENATOR GOLD: Senator Maltese, I 3 know the position you took the other day on the 4 Flushing Meadow parkland and now I see this 5 parkland, and the only question I have is there 6 any parkland in the city of New York that you 7 think we should use as parkland? 8 SENATOR MALTESE: Mr. President, 9 I realize that Senator Gold, who is somewhat 10 bothered by a lack of consistency on the 11 question of micromanagement is being somewhat 12 facetious in his question. Of course, I take 13 second place to no one in the protection of 14 parkland, and it was for that reason and the - 15 referring to the prior bill on Flushing 16 Meadows-Corona Park -- that I supported that 17 bill because the vast majority of the time it 18 would be parkland, would eventually revert as 19 parkland. 20 In this particular instance, we 21 have a long time use. And similar to my position 22 in the two-man or one-man police cars, I put the 23 security of our constituents and the people of 8083 1 our city prior to a temporary alternative use of 2 parkland. 3 ACTING PRESIDENT FARLEY: There 4 is a home rule message here. 5 Wait a minute. Senator 6 Oppenheimer. 7 SENATOR OPPENHEIMER: I thought 8 that Senator Maltese would be comforted by the 9 knowledge of that statement that consistency is 10 the hob-goblin of small minds. 11 SENATOR MALTESE: Mr. President, 12 that's why from time to time I'm not consistent. 13 ACTING PRESIDENT FARLEY: There 14 is a home rule message here at the desk. 15 Read the last section. 16 Senator Padavan. 17 SENATOR PADAVAN: I rise to 18 explain my vote. 19 ACTING PRESIDENT FARLEY: Okay. 20 Let's -- read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 8084 1 the roll. 2 (The Secretary called the roll. ) 3 SENATOR PADAVAN: Mr. President, 4 there are times when consistency can be a 5 virtue, Senator Oppenheimer. I don't know 6 whether or not this proposal makes sense or 7 doesn't. Senator Maltese gave us all the reasons 8 it should. Others gave us the reasons it should 9 not. Senator Maltese admittedly said he had 10 never been to this park; nevertheless, he had a 11 lot of information to share with us. 12 As chairman of the Cities 13 Committee, it has been my practice without 14 exception to defer to the Senator in whose 15 district a given parcel of parkland existed, to 16 rely upon that individual's personal judgment on 17 the basic assumption that he or she would know 18 better than anyone else whether the alienation 19 of that parkland is desirable or not desirable, 20 and we have heard from the Senator who 21 represents this particular parkland. 22 And consistency in this case 23 being a virtue in my mind, I therefore vote no. 8085 1 SENATOR LEICHTER: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Leichter to explain his vote. 4 SENATOR LEICHTER: Yes. Thank 5 you, Mr. President. Obviously, ideally, 6 parkland should not be used for a gun practice 7 range; however, this practice has existed for 8 many years; and the fact of the matter is I'm 9 advised by the city of New York that at this 10 time they have no other place, no other 11 facility. So if you take away this facility, 12 where are police officers going to do the 13 practice that they need to do? And I must say I 14 find it somewhat ironic that some of the 15 legislators who were most in support of giving 16 police officers 9 mm. guns and who said, "But 17 they will receive training" -- well, where are 18 they going to receive the training? Where are 19 they going to practice with those guns? I hope 20 that bill never becomes law, but they certainly 21 need to also practice with their .38. 22 So the City, as I understand it, 23 has a commitment to try to get out of that park 8086 1 as quickly as it can, and it should, but in the 2 meantime, it would be foolhardy and it would, 3 unquestionably, significantly hurt law 4 enforcement efforts in New York if we took that 5 site away from them. 6 I guess the conflict that we have 7 here is one that we so often have in New York 8 City that every piece of land you can think of 9 has so many different uses for. We had that 10 conflict in a sense when we debated the tennis 11 center, raised the same issue. We didn't know 12 if you didn't put it there, really, where could 13 you put it? Similarly, you must have this 14 available at the present time for the city of 15 New York. As much as I hate to see parkland 16 used in this fashion, I think I, and frankly 17 none of us, have any alternative but to support 18 this bill. 19 I vote in the affirmative, Mr. 20 President. 21 (Whereupon, Lt. Governor Lundine 22 was in the chair. ) 23 THE PRESIDENT: Senator Leichter 8087 1 votes yes. 2 Senator Dollinger. 3 SENATOR DOLLINGER: Mr. 4 President, just to explain my vote. 5 As the session goes on, I find 6 myself in more and more unusual positions. I 7 end up disagreeing with my colleague from 8 Manhattan because I think, consistent with the 9 chairman of the Cities Committee, that the 10 critical issue here is the exercise of the power 11 of this body to approve the alienation or 12 acceptance or continuation of property. 13 And I think in that regard that 14 Senator Velella's opposition is good enough for 15 me. I would suggest that in this particular 16 case for the police department to simply take 17 this land and use it for 30 years without having 18 the approvals necessary to do that from this 19 body doesn't suggest that they've got a right to 20 continue to do it. And that, in and of itself, 21 is not enough in my judgment to overcome the 22 objections of the Senator in whose district this 23 property is located. 8088 1 So consistent with my respect for 2 other members in this house and their 3 objections, I will be voting with Senator 4 Velella and Senator Padavan and voting against 5 this. 6 THE PRESIDENT: Senator Dollinger 7 votes no. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1638 are 10 Senators Dollinger, Galiber, Halperin, Jones, 11 Onorato, Oppenheimer, Padavan, Pataki, Solomon 12 and Velella, also Senator Gold, also Senator 13 Levy. Ayes 41, nays 12. 14 THE PRESIDENT: The bill is 15 passed. 16 SENATOR PRESENT: Mr. President, 17 can we call up Calendar 1656, please. 18 THE PRESIDENT: Yes. The chair 19 will state that this is not on Supplemental 20 Calendar 1. However, it is on every member's 21 desk. Secretary will read 1656. 22 THE SECRETARY: Calendar Number 23 1656, by the Senate Committee on rules, Senate 8089 1 Bill Number 6194, an act to amend Chapter 60 of 2 the Laws of 1993, amending the Public 3 Authorities Law. 4 SENATOR PRESENT: Mr. President, 5 I move that we accept the message of necessity 6 which is at the desk. 7 THE PRESIDENT: On the motion all 8 those in favor, say aye. 9 (Response of "Aye.") 10 Those opposed, nay. 11 (There was no response. ) 12 The motion is agreed to. The 13 message is accepted. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll. ) 19 SENATOR MEGA: Mr. President, I 20 would like to abstain from voting. 21 THE PRESIDENT: Without 22 objection, Senator Mega's request to abstain 23 from voting is approved. 8090 1 SENATOR GOLD: Mr. President. 2 THE PRESIDENT: Senator Gold. 3 SENATOR GOLD: I would like to 4 explain my vote. 5 THE PRESIDENT: Senator Gold is 6 recognized to explain his vote. 7 SENATOR GOLD: Mr. President, 8 this is a very good bill. I vote yes. 9 THE SECRETARY: Ayes 52. 10 THE PRESIDENT: The bill is 11 passed. 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 I would like to place a sponsor star on Calendar 15 1481, Senate Print 6065A. 16 I guess we'll stand at ease for a 17 moment. 18 THE PRESIDENT: The Senate will 19 stand at ease. 20 Senator Leichter. 21 SENATOR LEICHTER: Mr. 22 President. Senator, is there a reason given for 23 these continual halts in our proceedings at a 8091 1 time when we have been led to believe we would 2 actually be moving toward adjournment? 3 SENATOR PRESENT: There are a 4 number of reasons and I'll try to repeat some of 5 them. There are a number of messages we're 6 waiting for from the Governor. There are 7 negotiations going on relative to some of the 8 legislation. I'm doing my best, and if you will 9 bear with us, maybe we'll get this done. 10 SENATOR LEICHTER: Senator, the 11 one thing I'm sure of is that you're doing your 12 best, and you really have been most courteous, 13 and I appreciate that. 14 I have a suggestion to make. I 15 don't know if anybody will accept it, but I hope 16 that they will. We've had three people who have 17 worked, and I'm sure they have worked hard - 18 the Speaker and the Majority Leader and the 19 Governor -- but they haven't been able to do the 20 job. 21 And I know we believe in the 22 strong -- strong leader system. Maybe this 23 shows that the strong leader system isn't all 8092 1 it's cracked up to be, or maybe somebody's going 2 to say, Well, we have a strong, inept leader 3 system. But I've got an idea. Why don't we - 4 you know, they have been unable to do the job. 5 Why don't we get three people who have been 6 waiting in the wings who I'm sure ought to get a 7 crack at this. Why don't we ask Lundine, 8 Ohrenstein, and Rappleyea to take over, and 9 let's see how they do. Maybe they will do a 10 little better. 11 SENATOR PRESENT: Everybody have 12 a good laugh. 13 THE PRESIDENT: The Senate is at 14 ease. 15 (Whereupon, the President banged 16 the gavel. ) 17 (Laughter) 18 SENATOR LIBOUS: I was curious, 19 Mr. President, if that was a motion on the 20 floor. 21 THE PRESIDENT: If it is, it is 22 out of order. 23 (Why upon, at 4:21 p.m., the 8093 1 Senate was at ease. ) 2 (Whereupon, the Senate 3 reconvened. ) 4 SENATOR PRESENT: Mr. President. 5 THE PRESIDENT: Senator Present. 6 SENATOR PRESENT: Will you call 7 up Calendar 1631. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: Calendar Number 11 1631, by Senator Levy, Senate Bill Number 6170, 12 an act to amend the Vehicle and Traffic Law. 13 SENATOR GOLD: Explanation. 14 SENATOR LEVY: Yes, Senator 15 Gold. As you probably recall, earlier this year 16 and last year, we had a version of this bill 17 before this house. This is now an agreed upon 18 bill among the Senate, the Governor and the 19 Assembly. 20 SENATOR GOLD: Is Senator 21 Stachowski here? 22 SENATOR LEVY: Let me say -- I 23 know Senator Stachowski is the ranking member of 8094 1 the Labor Committee but, Senator, this bill was 2 negotiated by the employee representatives 3 representing the bus drivers that come within 4 the subject matter of this bill, and I was 5 advised by the Governor's staff that they have 6 signed off and agreed to this bill. 7 Now, the bill is an outgrowth - 8 an outgrowth of a tragic accident that took 9 place on April the 11th, 1992, when a bus ran 10 off the road outside of Scaren Lake and two East 11 Meadow School District students in a school 12 district represented by Senator Hannon and 13 myself were killed in that accident and 27 14 students were seriously injured. 15 The bus driver who was driving 16 that bus should not have been behind the wheel 17 of a bus let alone any other type of vehicle. 18 He had in the 21 months prior to the accident 19 eight other accidents, five were his fault. He 20 had two traffic convictions and he had other 21 traffic violations pending. 22 Clearly, clearly, there was a 23 defect in our laws that had to be remedied. So 8095 1 that is comprehensive tightening of every phase 2 of 19-A, which regulated bus drivers. 3 SENATOR STACHOWSKI: Mr. 4 President. Would Senator Levy yield to just one 5 question? 6 SENATOR LEVY: Yes. 7 SENATOR STACHOWSKI: I heard you 8 talk about that bus people have all signed off 9 and it's an agreed-upon bill, but the problem we 10 have is that we still have a memo from the CSEA 11 that says they are strongly opposed to this 12 legislation. 13 SENATOR LEVY: Are they opposed 14 to this bill, or are they opposed to the prior 15 piece of legislation? 16 SENATOR STACHOWSKI: It's still 17 this piece, 6170. 18 SENATOR LEVY: I can only tell 19 you that we were advised by the Governor's 20 people who did the negotiation with the employee 21 representatives. I do not know. 22 SENATOR STACHOWSKI: Do you have 23 this memo? 8096 1 SENATOR LEVY: We have not seen 2 it. But, Senator, regardless of what is in that 3 memo, you know, we have to proceed with this 4 bill because this is an important piece of 5 legislation to deal with an omission in the law, 6 tightening of the law. 7 SENATOR GOLD: Mr. President. 8 THE PRESIDENT: Senator Gold. 9 SENATOR GOLD: Mr. President, I 10 have the highest regard for CSEA and certainly 11 unlimited regard for Senator Stachowski and his 12 expertise in this field, but I have read this 13 memorandum in opposition, and I have a lot of 14 trouble with it. I really do. 15 They say while they support the 16 section of the legislation requiring school bus 17 seat belt safety studies, it should not come at 18 the expense of a bus driver's dignity and 19 professionalism. Strict re-examination 20 disqualification procedures for school bus 21 drivers already exist in New York State. 22 Now, what they refer to in the 23 first paragraph - 8097 1 SENATOR LEVY: Senator, can I 2 help you? 3 SENATOR GOLD: No. This 4 legislation further requires the 5 disqualification of bus drivers upon the 6 conviction of five or more driving violations of 7 any kind within a three-year period. 8 Mr. President, maybe I'm out of 9 whack, but if it says five convictions and 10 somebody gets convicted five times in a 11 three-year period, I don't know why that isn't a 12 proper ground. 13 Senator Levy, you want to help 14 me? Go ahead. 15 SENATOR LEVY: First of all, that 16 memorandum relates to, I believe, an Assembly 17 bill and not even a Senate bill. It is probably 18 an old memorandum. There is nothing whatsoever 19 in this legislation about seat belts, and the 20 point disqualifications in current law have not 21 been changed. 22 SENATOR GOLD: Well, Senator, I 23 just wanted you to know -- and I'm glad you 8098 1 stood up -- that's the memo. I have the memo. 2 It's on Senator Levy's bill 6170. And what I'm 3 saying to you, Senator, is I'm going to support 4 your bill. I'm trying to tell you that. 5 Senator Tully would have explained that to you 6 if you gave him a chance, because I don't think 7 their memo is accurate or deserves consideration 8 in this case, while I happen to very much 9 respect CSEA and certainly Senator Stachowski. 10 I'm now finished because I know you're chomping 11 at the by the to get at me. 12 SENATOR STACHOWSKI: Mr. 13 President. 14 THE PRESIDENT: Senator 15 Stachowski. 16 SENATOR STACHOWSKI: I would like 17 to thank Senator Levy for his explanation and 18 especially for clearing up the problem with this 19 memo. I find it interesting because we just did 20 another bill where we were looking for a CSEA 21 memo. When we did a bill a week ago, we 22 couldn't get ahold of the CSEA person so we had 23 contacted all the unions individually, and then 8099 1 the person that did the contacting was 2 reprimanded by the CSEA representative for 3 calling all these unions individually even 4 though this particular person was on vacation. 5 And then we were looking for some information 6 from their position on a bill that we dealt with 7 yesterday, and we couldn't get a return phone 8 call. So it's not surprising to me that this 9 memo that had alerted us and got me to ask you 10 that question doesn't have anything to do with 11 your bill and that the fact that you say that 12 everybody that is dealt with in this legislation 13 and has signed off on it is more than enough for 14 me, and I encourage everyone to support this 15 bill. 16 SENATOR LEVY: Thank you. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 54. 8100 1 THE PRESIDENT: The bill is 2 passed. 3 SENATOR PRESENT: Mr. President, 4 can we call up Calendar 1333, please. 5 THE PRESIDENT: Secretary will 6 read. 7 THE SECRETARY: Calendar Number 8 1333, by Senator Bruno, Senate Bill Number 9 4601B, an act to amend the General Municipal 10 Law. 11 SENATOR PRESENT: Mr. President, 12 I move we accept the message of necessity which 13 I understand is at the desk. 14 THE PRESIDENT: Message is at the 15 desk. On the motion, all those in favor say 16 aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response. ) 20 The ayes have it. The motion is 21 agreed to. The message is accepted. 22 Read the last section. 23 THE SECRETARY: Section 42. This 8101 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 54. 5 THE PRESIDENT: The bill is 6 passed. 7 SENATOR DOLLINGER: Mr. 8 President, is that 1633 or 1333? 9 THE SECRETARY: 1333. 10 SENATOR GOLD: Is this the -- my 11 apologies. I'm recorded in the affirmative. 12 SENATOR PRESENT: Mr. President, 13 can we call up Calendar 1517. 14 THE PRESIDENT: Secretary will 15 read. 16 THE SECRETARY: Calendar Number 17 1517, by the Assembly Committee on Rules, 18 Assembly Bill Number 8248A, an act to amend the 19 Public Authorities Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8102 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 53, nays 4 one, Senator Pataki recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 SENATOR PRESENT: Mr. President, 8 can we take up the non-controversial calendar on 9 Supplemental Calendar Number 1. 10 THE PRESIDENT: Secretary will 11 read. 12 THE SECRETARY: Supplemental 13 Calendar Number 1, Calendar Number 1639. 14 Senator Larkin moves to discharge the Committee 15 on rules from Assembly Bill Number 6629B, and 16 substitute it for the identical Third Reading 17 1639. 18 THE PRESIDENT: Substitution 19 ordered. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 8103 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 54. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1640. Senator Marchi moves to discharge the 7 Committee on Rules from Assembly Bill Number 8 5754C and substitute it for the identical Third 9 Reading 1640. 10 SENATOR GOLD: Lay it aside. 11 THE PRESIDENT: The bill is laid 12 aside. Substitution is ordered. 13 THE SECRETARY: Calendar Number 14 1641. Senator Farley moves to discharge the 15 Committee on Rules from Assembly Bill Number 16 8367A and substitute it for the identical Third 17 Reading 1641. 18 THE PRESIDENT: Substitution 19 ordered. 20 Read the last section. 21 THE SECRETARY: Section 2. This\ 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 8104 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 54. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1642, by Senator Johnson, Senate Bill Number 7 5178B, an act restoring Emil G. Pavlik, Jr. to 8 Tier II. 9 THE PRESIDENT: There is a home 10 rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 52, nays 2, 17 Senators Gold and Leichter recorded in the 18 negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1643. Senator Cook moves to discharge the 23 Committee on Rules from Assembly Bill Number 8105 1 8526 and substitute it for the identical Third 2 Reading 1643. 3 THE PRESIDENT: Substitution 4 ordered. 5 THE SECRETARY: Lay it aside. 6 THE SECRETARY: The bill is laid 7 aside. 8 THE SECRETARY: Calendar Number 9 1644, Senator Velella moves to discharge the 10 Committee on Rules from Assembly Bill Number 11 8223A and substitute it for the identical Third 12 Reading 1644. 13 THE PRESIDENT: Substitution 14 ordered. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 54. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 8106 1 1645, Senator Velella moves to discharge the 2 Committee on Rules from Assembly Bill Number 3 4139A and substitute it for the identical Third 4 Reading 1645. 5 THE PRESIDENT: Substitution 6 ordered. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 54. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1646, by Senator LaValle, Senate Bill Number 17 6136, an act to amend the Social Services Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 8107 1 THE SECRETARY: Ayes 54. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1647, by Senator DeFrancisco, Senate Bill Number 6 6169, an act to amend the Executive Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 54. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1648, by the Senate Committee on Rules, Senate 18 Bill Number 6175, amends Chapter 883 of the 19 Laws of 1980, amending the Banking Law 20 generally. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 8108 1 act shall take effect immediately. 2 SENATOR LEICHTER: Lay it aside. 3 SENATOR PRESENT: The bill is 4 laid aside. 5 THE SECRETARY: Calendar Number 6 1649. Senator DeFrancisco moves to discharge the 7 Committee on Rules from Assembly Bill Number 8 8514a and substitute it for the identical Third 9 Reading 1649. 10 THE PRESIDENT: Substitution 11 ordered. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 SENATOR LEICHTER: Lay it aside. 16 THE PRESIDENT: The bill is laid 17 aside. 18 THE SECRETARY: Calendar Number 19 1650. Senator Larkin moves to discharge the 20 Committee on Rules from Assembly Bill Number 21 8836 and substitute it for the identical Third 22 Reading 1650. 23 THE PRESIDENT: Substitution 8109 1 ordered. 2 SENATOR PRESENT: Mr. President, 3 I move that we accept the message of necessity 4 which I believe is at the desk. 5 THE PRESIDENT: On the motion, 6 all those in favor say aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 The ayes have it. The motion is 11 agreed to. The message is accepted. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 SENATOR GOLD: Lay it aside. 18 THE PRESIDENT: The bill is laid 19 aside. 20 THE SECRETARY: Calendar Number 21 1651. 22 THE PRESIDENT: The bill is 23 high. It will be laid aside. 8110 1 THE SECRETARY: Calendar Number 2 1652. Senator Stafford moves to discharge the 3 Committee on Finance from Assembly Bill Number 4 8851 and substitute it for the identical Third 5 Reading 1652. 6 THE PRESIDENT: Substitution 7 ordered. The bill is high. It will be laid 8 aside. 9 THE SECRETARY: Calendar Number 10 1653. Senator Stafford moves to discharge the 11 Committee on Finance from Assembly Bill Number 12 8852 and substitute it for the identical Third 13 Reading 1653. 14 THE PRESIDENT: The substitution 15 is ordered. The bill is high. It will be laid 16 aside. 17 SENATOR GOLD: Mr. President. 18 THE PRESIDENT: Senator Gold. 19 SENATOR GOLD: Yes. May I just 20 ask a question, sir? If we're making a 21 substitution and the bill is high, I would 22 assume that -- what? 23 THE PRESIDENT: The Assembly bill 8111 1 is still high in our house. 2 SENATOR GOLD: Yes, but it 3 couldn't pass the Assembly without a message. 4 THE PRESIDENT: The Assembly had 5 a message. It was passed in the Assembly 6 yesterday. 7 SENATOR GOLD: Yes. Well, this 8 is what's confusing me. I must be missing 9 something. The Assembly bill had to pass either 10 by being on the members' desks for three days or 11 having a message. 12 THE PRESIDENT: It had a 13 message. 14 SENATOR GOLD: Why can't we use 15 that message? No, I'm missing something, and I 16 don't dispute that I'm probably wrong, but I'm 17 just trying to have it explained to me. If they 18 had a message and passed it, why can't we use 19 their message? 20 THE PRESIDENT: Each house has to 21 have its own message for a reason unknown to 22 me. We have not received a message in the 23 Senate. 8112 1 SENATOR GOLD: Mr. President. 2 THE PRESIDENT: Senator Gold. 3 SENATOR GOLD: I have in front of 4 me a message. It's not the particular one here, 5 but it says, "To the Legislature". I assume that 6 when the Governor signs a message on a bill, 7 it's my recollection that they all say, "To the 8 Legislature," not the Assembly or the Senate. 9 Well, Mr. President. I hear 10 what's going on. I can't - 11 THE PRESIDENT: Senator Gold, 12 look after "To the Legislature" and where it 13 says, "I do hereby certify to the necessity of 14 an immediate vote." If -- if -- I'm advised 15 that if at that point it says Senate Bill Number 16 so and so and Assembly Bill Number so and so, 17 then the same message is used in both houses. 18 If the Governor just said Assembly bill so and 19 so, we can not use it in the Senate. 20 SENATOR GOLD: Well, Mr. 21 President, if I may. Since the Assembly bill is 22 the one we're voting on and not the Senate bill, 23 then it seems to me we only need a message on 8113 1 the Assembly bill, and I can not overrule what 2 the Majority wants to do and what you want to 3 do, but it's perfectly clear, Mr. President, 4 that if the Assembly bill is before us and that 5 is the one we're going to vote on, that if the 6 message indicates that bill can be voted on, 7 then I believe there is a clear constitutional 8 right to do it. 9 Now, you may not want to do it 10 but -- I'm sorry, but unless somebody tells me 11 different, I'm taking my own legal advice on 12 this. You are saying we haven't received a 13 message today. The message exists. I don't care 14 whether it came in yesterday or today. 15 THE PRESIDENT: All right. This 16 may help to resolve this issue. We have just 17 received the Governor's message. 18 (Laughter) 19 SENATOR GOLD: I'm glad I could 20 be of help, Mr. President. 21 THE PRESIDENT: On 1653, 1654 and 22 1652. So maybe you won't put me in the 23 difficult position of having to rule on your 8114 1 constitutional point. 2 Senator Present. 3 SENATOR PRESENT: May we go back 4 to - 5 THE PRESIDENT: 1652? 6 SENATOR PRESENT: -- those we now 7 have messages for. 8 THE PRESIDENT: Yes, okay. It's 9 been substituted, Calendar Number 1652. 10 SENATOR PRESENT: Mr. President, 11 I move we accept the message we now have. 12 THE PRESIDENT: On the motion, 13 all those in favor say aye. 14 (Response of "Aye.") 15 Those opposed, nay. 16 (There was no response. ) 17 The ayes have it. The motion is 18 agreed to. The message is accepted. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 8115 1 THE SECRETARY: Ayes 52, nays 2, 2 Senators Dollinger and Jones recorded in the 3 negative. 4 THE PRESIDENT: The bill is 5 passed. 6 SENATOR WRIGHT: Mr. President. 7 THE PRESIDENT: Senator Wright. 8 SENATOR WRIGHT: Thank you, Mr. 9 President. If I might just request a point of 10 personal privilege for a moment. I would like 11 to introduce and recognize my distinguished 12 predecessor, Congressman John McHugh, who served 13 in this house for eight years representing the 14 North Country, and he is visiting us today on, 15 obviously, what will now be the last day of 16 session now that he has returned. So I would 17 like to recognize my predecessor and your 18 distinguished colleague. He's right over here. 19 (Applause) 20 THE PRESIDENT: If he would have 21 risen, I would have recognized him. At least if 22 he would have waited until later in the evening 23 and then stood up, I would have recognized him. 8116 1 Senator Solomon. 2 SENATOR SOLOMON: Yes. Mr. 3 President, I would like unanimous consent to be 4 recorded in the negative on Calendar Number 5 1652. 6 THE PRESIDENT: Without 7 objection, so ordered. Now, let's do 1653. All 8 right? 9 THE SECRETARY: Calendar Number 10 1653, substituted earlier, by the Assembly 11 Committee on Rules, Assembly Bill Number 8852, 12 Local Finance Law. 13 SENATOR PRESENT: Mr. President, 14 I move we accept the message which is at the 15 desk. 16 THE PRESIDENT: On the motion. 17 All those in favor, say aye. 18 (Response of "Aye.") 19 Opposed, nay. 20 (There was no response. ) 21 The ayes have it. The motion is 22 agreed to. The message is accepted. 23 Read the last section. 8117 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 49. Nays 5, 6 Senators Dollinger, Jones, Libous, Padavan and 7 Pataki recorded in the negative. 8 THE PRESIDENT: The bill is 9 passed. 10 SENATOR PATAKI: Mr. President. 11 THE PRESIDENT: Senator Pataki. 12 SENATOR PATAKI: Could I get 13 unanimous consent to be recorded in the negative 14 on Calendar 1652? 15 THE PRESIDENT: Without 16 objection, so ordered. 17 SENATOR PADAVAN: Mr. President. 18 THE PRESIDENT: Senator Padavan. 19 SENATOR PADAVAN: May I have 20 unanimous consent to be recorded in the negative 21 on Calendar 1652? 22 THE PRESIDENT: Without 23 objection, so ordered. 8118 1 Senator Saland. 2 SENATOR SALAND: May I have 3 unanimous consent to be recorded in the negative 4 on Calendar 1652, as well? 5 THE PRESIDENT: Without 6 objection, it is so ordered. 7 1654. Secretary will read. 8 THE SECRETARY: Calendar Number 9 1654. Senator Marino moves to discharge the 10 Committee on Rules from Assembly Bill Number 11 8853 and substitute it for the identical Third 12 Reading 1654. 13 THE PRESIDENT: There is a 14 message. 15 SENATOR PRESENT: I move we 16 accept the message. 17 THE PRESIDENT: On the motion. 18 All those in favor, say aye. 19 (Response of "Aye.") 20 Opposed, nay. 21 (There was no response. ) 22 The ayes have it. The motion is 23 agreed to. The message is accepted. 8119 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 52, nays 2, 7 Senators Dollinger and Jones recorded in the 8 negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1655. 13 THE PRESIDENT: The bill will be 14 laid aside. It's high. 15 THE SECRETARY: Calendar Number 16 1657, by the Assembly Committee on Rules, 17 Assembly Bill Number 8588, Education Law, in 18 relation to pre-school children with 19 disabilities. 20 SENATOR LAVALLE: Explanation. 21 THE PRESIDENT: Lay the bill 22 aside. 23 THE SECRETARY: Calendar Number 8120 1 1658, by the Assembly Committee on Rules, 2 Assembly Bill Number 8732, Education Law, in 3 relation to conforming state statutes with 4 federal statutes. 5 SENATOR LEICHTER: Can we have an 6 explanation? 7 SENATOR GOLD: Lay it aside. 8 THE PRESIDENT: The bill is laid 9 aside. That completes action on the non 10 controversial Supplemental Calendar Number 1. 11 (Whereupon, at 5:01 p.m., the 12 Senate was at ease. ) 13 (Whereupon, the Senate 14 reconvened. ) 15 SENATOR PRESENT: Mr. President, 16 can we take up the controversial calendar on 17 Supplemental Calendar 1. 18 THE PRESIDENT: Secretary will 19 read. 20 THE SECRETARY: Supplemental 21 Calendar Number 1, Calendar Number 1640, 22 substituted earlier, by member of the Assembly 23 Connelly, Assembly Bill Number 5754C, an act to 8121 1 amend the Public Health Law, in relation to 2 honoring of non-hospital orders. 3 SENATOR MARCHI: Mr. President, 4 this bill extends the provisions that govern the 5 do not resuscitate contracts, which is universal 6 throughout the state but not available to 7 inmates of state correctional facilities. This 8 would extend the DNR provisions to the people 9 who are in state correctional facilities. It 10 has no other effect. 11 If you are against DNR, then I 12 assume you have to be against this bill. But if 13 you have supported DNR in the past, why they 14 should be excluded when the whole gamut of our 15 society is covered, it would seem to be rational 16 to extend it also to them. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 54. 8122 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1643, substituted earlier today, by the Assembly 5 Committee on Rules, Assembly Bill Number 8526, 6 an act to amend the Education Law. 7 SENATOR STACHOWSKI: Explanation. 8 THE PRESIDENT: Explanation is 9 requested. 10 Senator Cook. 11 SENATOR PRESENT: Lay that aside 12 temporarily. 13 THE PRESIDENT: We will lay that 14 aside temporarily. 15 THE SECRETARY: Calendar Number 16 1648. 17 SENATOR PRESENT: Lay it aside. 18 THE PRESIDENT: The bill is laid 19 aside. 20 THE SECRETARY: Calendar Number 21 1649, substituted earlier today, by the Assembly 22 Committee on Rules, Assembly Bill Number 8514A, 23 Real Property Tax Law. 8123 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 54. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1650, substituted earlier today - 12 SENATOR STACHOWSKI: Explanation. 13 THE PRESIDENT: Explanation is 14 requested. Senator Larkin. 15 SENATOR LARKIN: Senator, this is 16 a bill to ease some of the burdens on local 17 government. It's in six areas. It's a first 18 step to what we think will be a progression in 19 allowing local governments with a means to cut 20 costs and increase their administrative 21 ability. There are six areas that have been 22 identified in this as areas that local 23 governments had said that they had a direct 8124 1 interest in it, and this is a bill that we had 2 agreement on between both houses and the 3 Governor's office. 4 SENATOR JONES: Mr. President. 5 THE PRESIDENT: Senator Jones. 6 SENATOR JONES: Will the sponsor 7 yield to a question, please? 8 SENATOR LARKIN: Yes, Mr. 9 President. 10 SENATOR JONES: Through you, Mr. 11 President. I just want to clarify for myself 12 that I'm reading this correctly. There's 13 references in here to Navigation Law. We've had 14 a major problem with that in our area this year 15 in regards to setting speed limits in the bay. 16 It sounds like what I'm reading here that this 17 would now give the supervisors more leeway in 18 doing those things without reverting back to the 19 state. Am I correct? 20 SENATOR LARKIN: Exactly. 21 SENATOR JONES: Okay. Thank you, 22 sir. 23 THE PRESIDENT: Read the last 8125 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 54. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1657, by the Assembly Committee on Rules, 11 Assembly Bill Number 8588, Education Law, in 12 relation to pre-school children with 13 disabilities. 14 SENATOR PRESENT: Lay it aside. 15 THE PRESIDENT: The bill is laid 16 aside. 17 THE SECRETARY: Senator Present. 18 SENATOR PRESENT: Mr. President, 19 I think we've come to that point where I'm going 20 to ask you to stand at ease. Bear with us. 21 THE PRESIDENT: The Senate will 22 stand at ease. 23 (Whereupon, at 5:06 p.m., Senate 8126 1 was at ease. ) 2 SENATOR GALIBER: Mr. President. 3 THE PRESIDENT: Senator Galiber. 4 SENATOR GALIBER: Yes, Mr. 5 President. Could I have unanimous consent to be 6 recorded in the negative on Calendar 1642. 7 THE PRESIDENT: Without 8 objection, so ordered. 9 (Whereupon, at 5:08 p.m., Senate 10 was at ease. ) 11 (Whereupon, at 5:34 p.m., the 12 Senate reconvened. ) 13 SENATOR PADAVAN: Mr. President. 14 THE PRESIDENT: Senator Padavan. 15 SENATOR PADAVAN: May we resume 16 with Calendar 1643. 17 THE PRESIDENT: Secretary will 18 read. 19 THE SECRETARY: Calendar Number 20 1643, on Supplemental Calendar Number 1, 21 substituted earlier today, by the Assembly 22 Committee on Rules, Assembly Bill Number 8526, 23 an act to amend the Education Law. 8127 1 SENATOR GOLD: Hold on one 2 second. Just a minute. 3 (Whereupon, there was a pause in 4 the proceedings. ) 5 SENATOR GOLD: Last section. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 55. 13 THE PRESIDENT: The bill is 14 passed. 15 SENATOR PADAVAN: 1651, Mr. 16 President. And may we accept the message. 17 THE PRESIDENT: On the motion to 18 accept the message, all those in favor say aye. 19 (Response of "Aye.") 20 Opposed, nay. 21 (There was no response. ) 22 The ayes have it. The motion is 23 agreed to. The message is accepted. 8128 1 THE SECRETARY: Calendar Number 2 1651, by the Senate Committee on Rules, Senate 3 Bill Number 6188, an act to amend the Education 4 Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 55. 12 THE PRESIDENT: The bill is 13 passed. 14 SENATOR PADAVAN: 1657. 15 THE SECRETARY: Calendar Number 16 1657, by the Assembly Committee on Rules, 17 Assembly Bill Number 65888, Education Law, in 18 relation to pre-school children with 19 disabilities. 20 SENATOR LAVALLE: Explanation. 21 SENATOR COOK: Mr. President. 22 This bill conforms New York State law to the 23 federal requirements on the placement of 8129 1 pre-school children in special education. We 2 have to do this. It means about $150 million in 3 federal money to the state, and so as long as we 4 are in not conformity with the federal law, we 5 will not be able to collect that money. 6 SENATOR LAVALLE: Mr. President. 7 Would Senator Cook yield to just one question? 8 SENATOR COOK: Yes. 9 SENATOR LAVALLE: Senator, does 10 this change the role of the school board? 11 SENATOR COOK: Mr. President, the 12 school board by federal regulation cannot, may 13 not overrule a decision by the committee, and 14 that is essentially what we have to do is to 15 make it so that the decision is made by the 16 committee on handicapped, and it cannot be 17 overridden by the school board. 18 SENATOR LAVALLE: Mr. President, 19 on the bill. 20 Mr. President, I certainly 21 appreciate Senator Cook's explanation, and as a 22 matter of background, I would like to indicate 23 that many years ago in my former life here in 8130 1 the Legislature as a staff member, I had a rare 2 and privileged opportunity to have worked on the 3 development in 1975 of Chapter 853, which 4 brought New York State from the dark ages into 5 an age if renaissance in terms of providing 6 children of school age with an appropriate and 7 free education as all other children who did not 8 have handicapping conditions. 9 This legislation was developed in 10 concert with Federal Law 94-142 at the time and 11 also with a blueprint that had been established 12 prior to federal law by the Board of Regents in 13 a report that really set into motion how the 14 state of New York would provide services for 15 handicapped youngsters. 16 In the development of that 17 legislation, the Chapter that resulted in the 18 Laws of 1975 Chapter 853, a process was 19 developed that, one, provided for a Committee on 20 the handicapped and the participation of 21 specific individuals, allowed for the 22 participation of parents of handicapped 23 children, and then a process well beyond the 8131 1 role of the committee that provided for a role 2 for the school board, and the importance of that 3 role was that the school board is the governing 4 body of the school district and ultimately 5 passes on a whole series of things and many 6 times we don't pay enough attention for the 7 statutory role and the deep roots that both 8 regulation and law and custom places with the 9 school board in making certain decisions and, of 10 course, not only educational decisions in the 11 district as to class size and the breadth and 12 scope of education beyond what we mandate by 13 statute or the rules and regulations by the 14 Board of Regents or the Commissioner, and so the 15 school board has a direct role. 16 What evolved over the years was 17 that the school board actually became an 18 advocate for the child, the handicapped child, 19 because there is a political overlay, in that 20 school board members are elected and they live 21 in a community and they are aware of the needs 22 of their neighbors and the children of their 23 neighbors, and so the school board members have 8132 1 actually become an advocate in ensuring that 2 children with handicapping conditions not only 3 received a fee and appropriate education but all 4 of the related services and all of the things 5 that they needed to function. 6 My problem, Senator Cook, is that 7 the state of New York has not gone to the 8 Secretary of Education and made a case for our 9 law, a law that has been a beacon in this nation 10 in providing for individuals and students with 11 handicapping conditions, and my problem is that 12 our commissioner, our commissioner, has not been 13 strong enough and an advocate for what we are 14 doing in this state but merely has rolled over 15 and said, "Well, I guess maybe our federal 16 Department of Education may have a point." 17 It has been in writing that our 18 School Boards Association will bring litigation 19 should this become law, and I hope they do if 20 this does reach the Governor's desk and he does 21 sign it, because I believe that we in this state 22 have been a leader in providing for the needs of 23 the handicapped, and we should continue to 8133 1 control our destiny. It is the states that are 2 in a preeminent position to provide for the 3 education of its students. It is not a federal 4 mandate, and we are giving away and abrogating 5 our duty and our responsibility by rolling over 6 to the federal government and, in my judgment, 7 to pass legislation such as this. 8 This legislation is for 9 pre-school youngsters, as Senator Cook had 10 indicated, but what it does is it begins to set 11 a precedent as to what is the role of the school 12 board in advocating for the handicapped and for 13 the taxpayer, who must pay for these services; 14 and certainly they are probably in the best 15 position in balancing the needs of the taxpayers 16 and continuing to advocate for our children who 17 happen to have handicapping conditions. 18 Mr. President, I will be voting 19 in the negative on this legislation and 20 certainly my remarks, in part, as many will 21 know, is to set for the record and hope that the 22 School Boards Association would bring a lawsuit 23 to overturn this legislation should the Governor 8134 1 sign it. 2 THE PRESIDENT: Senator Cook. 3 SENATOR COOK: Mr. President, 4 there is nothing that Senator LaValle said with 5 which I would disagree. In fact, certainly his 6 foresight and that of others who developed New 7 York State law, indeed they were the pioneers 8 and indeed they have developed a system which I 9 think as well is unparalleled in the nation. 10 Unfortunately, somewhere along 11 the way, the federal government has begun to 12 involve itself more and more into areas of 13 responsibility which once were the province of 14 the states. I'm not altogether sure it is a 15 totally healthy situation. But the fact of the 16 matter is that, if we are prepared to accept the 17 largesse of the federal government and take $150 18 million from them as part of their distribution 19 of money for this purpose, we then have to 20 conform to the standards that they have set 21 forth. 22 I personally agree that I think 23 taking the board of education out of this system 8135 1 is a terrible idea, but I also cannot in good 2 conscience say that we should give up that $150 3 million and that we somewhere could come up with 4 that kind of money to conform with the law if we 5 don't conform with the federal regulations. 6 SENATOR LAVALLE: Mr. President, 7 would Senator Cook yield to just one question? 8 Senator, do you know whether our 9 commissioner has asked the Secretary of 10 Education whether our law or regulation is 11 inconsistent with federal statute? 12 SENATOR COOK: Senator, you can 13 ask and you can ask. I think that an inquiry 14 has been made, but I would agree with you that I 15 don't think it has been terribly strongly made, 16 and I accept your point. 17 SENATOR LAVALLE: Thank you very 18 much, Senator. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 8136 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 54, nays 3 one, Senator LaValle recorded in the negative. 4 THE PRESIDENT: The bill is 5 passed. 6 SENATOR DOLLINGER: Mr. 7 President. 8 SENATOR PADAVAN: 1658. 9 THE PRESIDENT: Senator 10 Dollinger. 11 SENATOR DOLLINGER: Mr. 12 President, I was outside the chamber. May I 13 have unanimous consent to be recorded in the 14 negative on 1643, Senate Bill 5795. 15 THE PRESIDENT: Without 16 objection, it's so ordered. 17 1658. 18 THE SECRETARY: Calendar Number 19 1658, by the Assembly Committee on Rules, 20 Assembly Bill Number 8732, Education Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 8137 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 55. 5 THE PRESIDENT: The bill is 6 passed. 7 SENATOR PADAVAN: Mr. President. 8 THE PRESIDENT: Senator Padavan. 9 SENATOR PADAVAN: I believe you 10 have a privileged resolution submitted by 11 Senator Stafford at the desk. Could it be read? 12 THE PRESIDENT: Secretary will 13 read the title. 14 THE SECRETARY: Legislative 15 resolution, by Senator Stafford, congratulating 16 Mr. and Mrs. Clyde Cook upon the occasion of 17 their 50th Wedding Anniversary. 18 THE PRESIDENT: On the 19 resolution. All those in favor say aye. 20 (Response of "Aye.") 21 Those opposed, nay. 22 (There was no response. ) 23 The ayes have it. The resolution 8138 1 is adopted. 2 SENATOR PADAVAN: Mr. President, 3 we will now stand at ease for a period of time 4 hopefully. 5 THE PRESIDENT: Senate will stand 6 at ease. 7 (Whereupon, at 5:51 p.m., Senate 8 was at ease. ) 9 SENATOR TRUNZO: Can I have 10 unanimous consent to be recorded in the negative 11 on Calendar Number 1643. 12 THE PRESIDENT: Without 13 objection, so ordered. 14 SENATOR PATAKI: Mr. President. 15 THE PRESIDENT: Senator Pataki. 16 SENATOR PATAKI: Could I have 17 unanimous consent to be recorded in the negative 18 on Calendar 1654, please. 19 THE PRESIDENT: Without 20 objection, so ordered. 21 Senator Kuhl. 22 SENATOR KUHL: Yes, Mr. 23 President. On the regular calendar, page 6, 8139 1 Calendar Number 396, would you place a sponsor 2 star on that bill, please. 3 THE PRESIDENT: The bill is 4 starred. 5 SENATOR KUHL: That is Senate 6 Print 3564. 7 (Whereupon, at 5:12 p.m., Senate 8 was at ease.) 9 (Whereupon, at 6:24 p.m., Senate 10 reconvened with Senator Farley in the chair.) 11 ACTING PRESIDENT FARLEY: Senate 12 will come to order. 13 I have a motion, Senator Padavan. 14 Can we do that? 15 SENATOR PADAVAN: Yes. 16 ACTING PRESIDENT FARLEY: Senator 17 Tully. 18 SENATOR TULLY: Yes, Mr. 19 President. On behalf of Senator Levy, I wish to 20 call up his bill, Print Number 4802 recalled 21 from the Assembly which is now at the desk. 22 ACTING PRESIDENT FARLEY: 23 Secretary will read Senator Levy's bill. 8140 1 THE SECRETARY: Senate Bill 2 Number 4802, by Senator Levy, an act to amend 3 the Public Authorities Law. 4 SENATOR TULLY: Mr. President, I 5 now move to reconsider the vote by which this 6 bill was passed. 7 ACTING PRESIDENT FARLEY: The 8 Secretary will call the roll on reconsideration. 9 (The Secretary called the roll on 10 reconsideration. ) 11 THE SECRETARY: Ayes 57. 12 ACTING PRESIDENT FARLEY: The 13 bill is before the house. 14 Senator Tully. 15 SENATOR TULLY: Mr. President, I 16 now offer the following amendments. 17 Mr. President. 18 SENATOR FARLEY: Yes. 19 SENATOR TULLY: On behalf of 20 Senator Levy, I wish to call up his bill, Print 21 Number 4887B, recalled from the Assembly which 22 is now at the desk. 23 ACTING PRESIDENT FARLEY: 8141 1 Secretary will read that. 2 THE SECRETARY: By Senator Levy, 3 Senate bill Number 4887B, an act to amend the 4 Public authorities Law. 5 SENATOR TULLY: Mr. President, I 6 now move to reconsider the vote by which the 7 bill was passed. 8 ACTING PRESIDENT FARLEY: The 9 Secretary will call the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration. ) 12 THE SECRETARY: Ayes 57. 13 ACTING PRESIDENT FARLEY: The 14 bill is before the house. 15 SENATOR TULLY: Mr. President. I 16 now offer the following amendments. 17 ACTING PRESIDENT FARLEY: 18 Amendments are received. 19 Senator Padavan, what is your 20 pleasure? 21 SENATOR PADAVAN: My pleasure is 22 just to wait just one second while the chairman 23 arrives. 8142 1 SENATOR PADAVAN: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Padavan. 4 SENATOR PADAVAN: Calendar 1633. 5 ACTING PRESIDENT FARLEY: 1633. 6 The Secretary will read it. 7 SENATOR PADAVAN: Accept the 8 message of necessity, Mr. President. 9 ACTING PRESIDENT FARLEY: All 10 those in favor of accepting the message of 11 necessity, say aye. 12 (Response of "Aye.") 13 Those opposed, nay. 14 (There was no response. ) 15 The message is accepted. 16 Secretary will read the bill. 17 THE SECRETARY: Calendar Number 18 1633, Assembly Budget Bill, Assembly Bill Number 19 8834, amends Chapter 50 of the Laws of 1993. 20 SENATOR GOLD: Last section. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 SENATOR PATAKI: Mr. President. 8143 1 ACTING PRESIDENT FARLEY: 2 Senator. 3 SENATOR PATAKI: Will Senator 4 Spano yield for a couple of questions? 5 SENATOR SPANO: Yes. 6 SENATOR PATAKI: Senator Spano, 7 as you know, this bill has been held up now for 8 about a day over the concerns you and I and 9 Senator Saland and others have on the language 10 on page 44 concerning the closing of the Harlem 11 Valley Psychiatric Center. 12 As you know, a lawsuit has been 13 brought by the town of Dover and some of the 14 public employee unions and the county of 15 Dutchess against the state because of the 16 closing of the Harlem Valley facility. 17 Can you tell me what assurances 18 you have gotten concerning the possible closure 19 of the facility on November 1st? 20 SENATOR SPANO: Mr. President and 21 Senator Pataki, the language on page 44 of this 22 bill was somewhat vague in terms of how it 23 treated the issue of Harlem Valley and the 8144 1 closure of that psychiatric center and, as you 2 are aware as well, Senator Saland, we worked 3 real hard to make sure that Chapter 322 of the 4 Laws of 1992 which sets forth a comprehensive 5 closure plan for every psychiatric center in the 6 state must be adhered to, as well as Chapter 55 7 which relates to the Harlem Valley Psychiatric 8 Center. We have received assurances from -- with 9 a letter that I have here from Pat Bulgaro, 10 whose the Director of the Budget, where he says, 11 "This will confirm the intention of the 12 executive to refrain from closing Harlem Valley 13 Psychiatric Center prior to February 1, 1994." 14 The original budget agreement 15 called for the closure of Harlem Valley on 16 November 1. There was a subsequent lawsuit, as 17 you are aware of, that CSEA and others entered 18 into which restrained the Office of Mental 19 Health from closing that facility. They are in 20 the process of reaching an agreement on that 21 lawsuit. 22 SENATOR PATAKI: Will Senator 23 Spano continue to yield? 8145 1 SENATOR SPANO: Yes. 2 SENATOR PATAKI: We have a 3 proposed stipulation which would settle that 4 lawsuit. Do you have assurances from the second 5 floor, from OMH and the Division of the Budget, 6 that they will abide by the terms of that 7 proposed stipulation if this budget bill is 8 adopted? 9 SENATOR SPANO: We have received 10 a proposed stipulation that I understand the 11 town of Dover is prepared to agree to as well as 12 the Office of Mental Health. We have spoken to 13 the Commissioner's staff. We have spoken to 14 Division of Budget that they will commit to keep 15 the Harlem Valley Psychiatric Center in 16 operation, continue to operate that facility 17 with the same number of in-patient census, that 18 is at the time of this agreement, which is 19 today, less, of course, any of the individual 20 discharges that would happen during the regular 21 ordinary course of their operations. 22 SENATOR PATAKI: And they will 23 commit to the adoption of this stipulation and 8146 1 in settlement of the case? 2 SENATOR SPANO: Yes, we 3 understand that they are ready and that the 4 signatures are imminent that they are ready to 5 agree to that, and it will be to the 6 satisfaction of the town of Dover, to the 7 employees, and to, of course, you and Senator 8 Saland who have been leading the fight on this 9 issue. 10 SENATOR PATAKI: Thank you. Mr. 11 President, on the bill. 12 ACTING PRESIDENT FARLEY: On the 13 bill, Senator Pataki. 14 SENATOR PATAKI: First, let me 15 thank Senator Spano and Senator Saland and 16 Senator Marino for the effort to make sure that 17 this problem with the language was corrected. 18 As Senator Spano indicated, 19 originally the Governor intended to close Harlem 20 valley as of April 1st. Thanks to the efforts 21 of the Majority of this house, that was extended 22 during the budget negotiations to November 1, 23 and pursuant to the lawsuit brought by the town 8147 1 of Dover, now we have a settlement that would 2 continue the operation of Harlem Valley through 3 next February 1. That lawsuit was based on the 4 chapters of 1992 which Senator Spano and this 5 Majority insisted be contained in last year's 6 budget. And again, I want to thank this 7 Majority for your efforts last year to make sure 8 that these chapters were adopted. 9 I just got off the phone with the 10 attorney for the town of Dover and the 11 plaintiffs in this action, and I believe that 12 the stipulation is acceptable to the town and 13 that it will be settled on that basis by the 14 plaintiffs, and specifically the town of Dover. 15 So on that basis, I can support 16 this budget bill, and I urge its adoption. 17 Thank you. 18 ACTING PRESIDENT FARLEY: Senator 19 Spano. 20 SENATOR SPANO: Mr. President, 21 also with respect to the same page, there is 22 language on page 44 between lines 5 and 10, 23 which relate to the Gowanda Psychiatric Center, 8148 1 and I wanted to make sure that we explain why 2 that specific language is there in this budget 3 clean-up bill, and that it was explained it was 4 a three-way agreement between the Senate and 5 Assembly and Governor that they would not be 6 making any public policy changes with respect to 7 this document. This is the language as it was 8 related in the original budget language that was 9 passed. Since this has been passed, the members 10 of this house -- we have passed legislation that 11 would close the Gowanda Psychiatric Center 12 because we feel it doesn't make sense to operate 13 a facility costing $1.2 million a year to take 14 care of 15 patients at that psychiatric center. 15 We want to make sure it is clear that it is our 16 position that that psychiatric center should be 17 closed. If the Assembly feels they want to keep 18 it open, then that's their business. But it is 19 our position that that should be closed 20 irrespective of what language that had been 21 previously agreed to as related in this 22 Chapter. 23 ACTING PRESIDENT FARLEY: Senator 8149 1 Volker. 2 SENATOR VOLKER: Mr. President, 3 very quickly. The Gowanda Psychiatric Center is 4 in both Senator Present's and my district, and 5 the Assembly has been taking the position since 6 an unfortunate conference that they had back in 7 March, I guess it was, that they would not agree 8 to the closure of the Gowanda Psychiatric Center 9 despite the fact that Department of Mental 10 Hygiene has run it down to virtually no patients 11 unless that was an agreement that attach onto 12 that closure notice that it would never become a 13 prison. The Senate has refused to accept such 14 language as has the Governor, and frankly, this 15 house has taken the position that because the 16 center, as Senator Spano said -- because the 17 center has been run down to where it has, it is 18 logical to close the center down. 19 The Assembly has refused to 20 accept that, and this language which is in the 21 bill -- it basically said you can't close the 22 psychiatric center -- is frankly because they 23 are worried that it might some day become a 8150 1 prison. 2 Now, I think, frankly, that is 3 kind of a silly position, but that is the 4 position that the Assembly has absolutely 5 adhered to and has refused to accept any 6 different language. So that is the reason that 7 this language is here and because it was in the 8 original budget bill. 9 I think Senator Present agrees 10 with me that the situation, I think, is 11 ludicrous, and ironically, this house has been 12 castigated by one of the local downstate papers 13 for keeping the center open when, in reality, we 14 have been the ones that have been trying to 15 straighten this mess out that, frankly, was 16 created initially by the Department of Mental 17 Hygiene's refusal to agree with us and then try 18 to blame us for the closing. 19 But that is why this language is 20 here and we continue to press to resolve this 21 matter in a more logical way. 22 SENATOR GOLD: Mr. President. 23 ACTING PRESIDENT FARLEY: Senator 8151 1 Gold. 2 SENATOR GOLD: Yes. What page 3 was that language on, Senator? Page 44? 4 (Laughter) 5 Oh, yes. Thank you. 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 55, nays 2, 14 Senators Dollinger and Jones recorded in the 15 negative. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 Senator Padavan. 19 SENATOR PADAVAN: Mr. President, 20 just for the information of the members, we're 21 advised that there will be food available at 22 approximately 7:00 p.m., arranged by the Senate 23 and supervised by Senator Spano, just for their 8152 1 information. In the interim, we'll stand at 2 ease. 3 ACTING PRESIDENT FARLEY: The 4 Senate will have food available approximately at 5 7:00 p.m. under the direction of Chef Spano. 6 (Whereupon, at 6:39 p.m., the 7 Senate was at ease. ) 8 (The following announcement was 9 made at 8:13 p.m., while the Senate was still at 10 ease. ) 11 SENATOR PRESENT: There will be 12 an immediate meeting of the Rules Committee in 13 Room 332. 14 (The following announcement was 15 made at 8:41 p.m., while the Senate was still at 16 ease. ) 17 SENATOR STAFFORD: There will be 18 an immediate meeting of the Finance Committee in 19 Room 332. 20 (Whereupon, the Senate continued 21 at ease. ) 22 (The following announcement was 23 made at 8:49 p.m., while the Senate was still at 8153 1 ease. ) 2 ACTING PRESIDENT FARLEY: Senator 3 Present. 4 SENATOR PRESENT: On behalf of 5 Senator Stafford, I would like to announce an 6 immediate meeting of the Finance Committee in 7 Room 332. 8 ACTING PRESIDENT FARLEY: There 9 will be an immediate meeting of the Finance 10 Committee in Room 332. 11 (The Senate continued at ease. ) 12 (Whereupon, at 10:04 p.m., Senate 13 reconvened with Lt. Governor Lundine in the 14 chair. ) 15 THE PRESIDENT: Senate will come 16 to order. 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 can we return to reports of standing committees, 20 if there are any at the desk. 21 THE PRESIDENT: Secretary will 22 read. 23 THE SECRETARY: Senator Marino, 8154 1 from the Committee on Rules, reports the 2 following bills directly for third reading: 3 Senate Bill Number 2931B, by 4 Senator Johnson, an act to amend the Vehicle and 5 Traffic Law. 6 2973, by Senator Daly, an act to 7 amend the Public Officers Law. 8 3725A, by Senator Velella, 9 Alcoholic Beverage Control Law. 10 4174B, by Senator Volker, Civil 11 Practice Law and Rules. 12 4758A, by Senator Goodman, an act 13 to amend the Tax Law. 14 4785B, by Senator Skelos, Public 15 Health Law. 16 5344B, by Senator Maltese, 17 Vehicle and Traffic Law. 18 5664, by Senator Nolan, extending 19 the duration of the eligible list for police 20 sergeant. 21 6195, by Senator Pataki, amends a 22 chapter of the laws of 1993. 23 6198, by Senator Hannon, 8155 1 Emergency Housing Rent Control Law. 2 Assembly Bill Number 440 with a 3 Senate Reprint Number of 21003, by member of the 4 Assembly Koppell, Surrogate's Court Procedure 5 Act. 6 All bills reported directly for 7 third reading. 8 THE PRESIDENT: Third reading. 9 SENATOR PADAVAN: Would you 10 recognize Senator Levy to make a motion, please. 11 THE PRESIDENT: Senator Levy. 12 SENATOR LEVY: Yes. Do you have 13 a bill at the desk for reconsideration? 14 THE SECRETARY: Senator Levy 15 moves to discharge the Committee on Rules from 16 Assembly Bill Number 7686B and substitute it for 17 the identical Third Reading 761. 18 THE PRESIDENT: Substitution is 19 ordered, and the bill is laid aside. 20 SENATOR PADAVAN: Mr. President. 21 THE PRESIDENT: Senator Padavan. 22 SENATOR PADAVAN: May we begin 23 with the noncontroversial calendar, Supplemental 8156 1 Calendar Number 2. 2 THE PRESIDENT: Two? Certainly. 3 (Whereupon, there was a pause in 4 the proceedings. ) 5 SENATOR PADAVAN: Mr. President, 6 can we call up Calendar Number 1648, please. 7 THE PRESIDENT: Yes. This is on 8 Supplemental Calendar Number 1, page 2. 9 Secretary will read. 10 THE SECRETARY: Supplemental 11 Calendar Number 1, Calendar Number 1648. 12 Senator Marino moves to discharge the Committee 13 on Rules from Assembly Bill Number 8830 and 14 substitute it for the identical Calendar Number 15 1648. 16 THE PRESIDENT: Substitution 17 ordered. 18 Senator Farley. 19 SENATOR FARLEY: Yes, I think 20 this needs to be explained a little bit. I will 21 try to be brief because it has to be signed by 22 midnight. This is a seven-month extender of the 23 current Banking Law. This just passed moments 8157 1 ago in the Assembly unanimously. It is not what 2 I wanted to do. It's not what this house wanted 3 to do. It's not what the Governor wanted to 4 do. 5 But what we will be doing is for 6 the next few months negotiating and putting 7 together a permanent piece of banking 8 legislation which protects this financial 9 industry in this state. 10 I want to express my appreciation 11 to this house, to both sides of the aisle, for a 12 54 to 5 vote in passing my bill which was just a 13 naked extender -- not a -- a permanent extender 14 of the current Banking Law. The Superintendent, 15 the Commissioner of Economic Development, 16 Assemblyman Farrell, the Governor, everybody has 17 been committed to permanency. 18 We intend to hold some hearings, 19 Assemblyman Farrell and I, and put this together 20 and pass it in 1993. Contrary to what the press 21 and others may say, we are committed to 22 permanency, and we're planning on doing this, 23 and let's hope that we can bring it back here 8158 1 when we come back in to do some things later in 2 the year. 3 This is one of the most crucial 4 pieces of legislation that is facing the state 5 of New York, and I ask your support for this 6 bill. 7 SENATOR GOLD: Mr. President. 8 THE PRESIDENT: Senator Gold. 9 SENATOR GOLD: Will Senator 10 Farley yield to a series of 30 questions, 11 please? 12 SENATOR FARLEY: I'd rather not, 13 but go ahead. 14 SENATOR GOLD: All right. Never 15 mind. Last section. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 58. 23 THE PRESIDENT: The bill is 8159 1 passed. 2 Senator Padavan. 3 SENATOR PADAVAN: Just as a 4 matter of clarification. We're going to be 5 working off the active bill list indicated for 6 Supplemental Calendar Number 2, but the first 7 two bills are actually on the first original 8 calendar. 1584. 9 THE PRESIDENT: Thank you very 10 much. Secretary will read. That's very 11 useful. It's on page 27. 12 THE SECRETARY: On page 27 of the 13 regular calendar of today, Calendar Number 1584, 14 by Senator Larkin, Senate Bill Number 6129, Real 15 Property Tax Law, in relation to the assessment 16 of special franchises. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 SENATOR GOLD: There's a question 22 on this. Can we lay this aside temporarily, 23 please? 8160 1 SENATOR PADAVAN: Temporarily. 2 THE PRESIDENT: The bill is laid 3 aside temporarily. 4 THE SECRETARY: On page 27 of the 5 regular calendar, Calendar Number 1601, 6 substituted earlier today, by member of the 7 Assembly Ferrara, Assembly Bill Number 6823C, 8 Insurance Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 58. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Supplemental 19 Calendar Number 2, Calendar Number 1659. Senator 20 Johnson moves to discharge the Committee on 21 Finance from Assembly Bill Number 4873B, and 22 substitute it for the identical Third Reading 23 1659. 8161 1 THE PRESIDENT: Substitution 2 ordered. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 58. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1660. Senator Daly moves to discharge the 13 Committee on Rules from Assembly Bill Number 14 4925 and substitute it for the identical Third 15 Reading 1660. 16 THE PRESIDENT: Substitution 17 ordered. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 58. 8162 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1661. Senator Velella moves to discharge the 5 Committee on Rules from Assembly Bill Number 6 6158A and substitute it for the identical 7 Calendar Number 1661. 8 SENATOR GOLD: Lay it aside. 9 THE PRESIDENT: Substitution is 10 ordered, and the bill is laid aside. 11 THE SECRETARY: Calendar Number 12 1662. Senator Volker moves to discharge the the 13 Committee on Rules from Assembly Bill Number 14 6655B and substitute it for the identical Third 15 Reading 1662. 16 SENATOR GALIBER: Lay it aside. 17 THE PRESIDENT: Substitution is 18 ordered. The bill is laid aside. 19 THE SECRETARY: Calendar Number 20 1663. Senator Goodman moves to discharge the 21 Committee on Rules from Assembly Bill Number 22 8687 and substitute it for the identical Third 23 Reading 1663. 8163 1 THE PRESIDENT: Substitution 2 ordered. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 58. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1664, by Senator Skelos, Senate Bill Number 13 4785B, an act to amend the Public Health Law, in 14 relation to the operation of hospitals. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 58. 22 THE PRESIDENT: The bill is 23 passed. 8164 1 THE SECRETARY: Calendar Number 2 1665. Senator Maltese moves to discharge the 3 Committee on Rules from Assembly Bill Number 4 3433B and substitute it for the identical Third 5 Reading 1665. 6 THE PRESIDENT: Substitution 7 ordered. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 58. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1666. Senator Nolan moves to discharge the 18 Committee on Rules from Assembly Bill Number 19 7896 and substitute it for the identical Third 20 Reading 1666. 21 THE PRESIDENT: Substitution 22 ordered. There is a home rule message at the 23 desk. 8165 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 58. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1667. Senator Marino moves to discharge the 11 Committee on Rules from Assembly Bill Number 12 8807 and substitute is it for the identical 13 Third Reading 1667. 14 THE PRESIDENT: Substitution 15 ordered. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 58. 22 THE PRESIDENT: The bill is 23 passed. 8166 1 THE SECRETARY: Calendar Number 2 1668. Senator Hannon moves to discharge the 3 Committee on Rules from Assembly Bill Number 4 8859 and substitute it for the identical Third 5 Reading 1668. 6 THE PRESIDENT: Substitution 7 ordered. There is a message at the desk. 8 SENATOR PADAVAN: Move to accept 9 it. 10 THE PRESIDENT: On the motion of 11 Senator Padavan, all those in favor say aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response. ) 15 The ayes have it. The motion is 16 agreed to. The message is accepted. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 SENATOR GOLD: Lay it aside. 22 THE PRESIDENT: Lay the bill 23 aside. 8167 1 SENATOR GOLD: Mr. President. 2 THE PRESIDENT: Senator Gold. 3 SENATOR GOLD: I am aware of the 4 time constraints involving this legislation; and 5 by laying it aside, I am not suggesting that it 6 be laid aside for an inordinate period of time. 7 It just seems to me that while the Finance 8 Committee is going on with, I understand, 99 9 nominations or whatever it is, there are people 10 in there who I believe ought to be here. So I'm 11 asking that it be laid aside the first time 12 around. I assume it will come up in some 13 expeditious way. 14 THE SECRETARY: Calendar Number 15 1669, Assembly Bill Number 440B with a Senate 16 Reprint Number 20003, by member of the Assembly 17 Koppell, Surrogate's Court Procedure Act. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 8168 1 THE SECRETARY: Ayes 57, nays 1, 2 Senator Solomon recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 That completes the 6 non-controversial Supplemental Calendar 2. 7 SENATOR PADAVAN: Mr. President, 8 may we stand at ease just for a brief period of 9 time. 10 SENATOR LEICHTER: Mr. President. 11 THE PRESIDENT: Senator Leichter. 12 SENATOR LEICHTER: May I have 13 unanimous consent to be recorded in the negative 14 on Calendar 1664, please. 15 THE PRESIDENT: Without 16 objection, so ordered. 17 (Whereupon, at 10:21 p.m., the 18 Senate was at ease. ) 19 THE PRESIDENT: Senator Levy. 20 SENATOR LEVY: Mr. President, I 21 move to amend Senate Bill Number 5435A, by 22 striking out the amendments made on July 6 and 23 restoring it to its original Print Number 5435. 8169 1 THE PRESIDENT: Without 2 objection, so ordered. 3 (The Senate continued at ease. ) 4 THE PRESIDENT: Senator Kuhl. 5 SENATOR KUHL: Yes, Mr. 6 President. I would like unanimous consent to be 7 recorded in the negative on Calendar Number 8 1659, Senate Print 2931B; and also Calendar 9 Number 1665, which is Senate Print 5344B. 10 THE PRESIDENT: Without objection 11 so ordered. 12 SENATOR KUHL: Thank you. 13 (Whereupon at 10:24 p.m., the 14 Senate continued at ease. ) 15 16 17 18 19 20 21 22 23 8170 1 (The Senate reconvened at 10:27 2 p.m.) 3 SENATOR PADAVAN: Mr. President. 4 THE PRESIDENT: Senator Padavan. 5 SENATOR PADAVAN: Mr. President, 6 may we return to reports of standing committees. 7 THE PRESIDENT: Secretary will 8 read. 9 THE SECRETARY: Senator Stafford, 10 from the Committee on Finance, reports the 11 following nomination: 12 Commissioner of Social Services, 13 Michael J. Dowling, of Delmar. 14 THE PRESIDENT: The question 15 occurs on the confirmation of the nominee. All 16 those in favor, say aye. 17 (Response of "Aye.") 18 Opposed nay. 19 The ayes have it. The nominee is 20 confirmed. Michael J. Dowling, of Delmar as 21 Commissioner of Social Services. 22 Congratulations. 23 (Applause) 8171 1 THE PRESIDENT: Not only is the 2 new Commissioner here, but he's brightened our 3 night by those accompanying him. 4 SENATOR HOLLAND: Mr. President. 5 THE PRESIDENT: Senator Holland. 6 SENATOR HOLLAND: I think we did 7 this a little bit backwards, but I rise today to 8 speak in favor of the nomination of Michael 9 Dowling to be the next Commissioner of Social 10 Services. Dr. Dowling has been nominated to 11 take the place of Dr. Mary Jo Bane, who left to 12 take a job with the Clinton administration. 13 Dr. Bane, in her very short time 14 as Commissioner, began some ambitious tasks for 15 the Department, and the nomination of a new 16 Commissioner gives New York a special 17 opportunity to improve the system and tailor it 18 to our growing needs. 19 We need a new vision but, more 20 importantly, the state and its taxpayers need a 21 stronger manager, someone who will take control 22 of the system. Mr. Dowling is no stranger to 23 state government. For the past five years, he 8172 1 has been in the Governor's office working on a 2 wide range of human services issues, and before 3 that he was Deputy Commissioner at the 4 Department of Social Services. 5 However, an important part of his 6 career was spent in my home county in the 7 Rockland County Department of Social Services 8 where I began -- he began his association with 9 DSS as director of Title XX and other duties in 10 Rockland County from 1977 to 1982. Everyone 11 believes and hopes that the federal government 12 is poised to change the welfare system. 13 With the magnitude of the case 14 load and the history of government and philan 15 thropic generosity, New York has the opportunity 16 to be a laboratory for experimentation. We need 17 to explore some very sensitive complex issues 18 that remain unexplored for far too long. For 19 example, two main issues, two main questions: 20 What is the proper role of government in meeting 21 the needs of the disadvantaged; and what is the 22 obligation of the individual who receives 23 assistance? 8173 1 Mr. Dowling, Michael, the 2 challenge is enormous, but I look forward to a 3 continuing dialogue on these important and very 4 costly issues. 5 As Mr. President says, Mike and 6 his wife Cathy and daughter Elizabeth are seated 7 in the area above us. It is my pleasure for 8 myself and on behalf of the entire Social 9 Services Committee to recommend Mike Dowling as 10 the next Commissioner of Social Services for the 11 state of New York. 12 Congratulations, Michael. 13 THE PRESIDENT: Senator Waldon, 14 did you want recognition? 15 SENATOR WALDON: Thank you very 16 much, Mr. President. 17 I did not have a long relation 18 ship with our next Commissioner, Mr. Michael 19 Dowling. However, today, when we interviewed 20 him in committee, I was extremely impressed not 21 just with his credentials, which are so long and 22 so comprehensive and substantive, but with the 23 man himself and with the way he responded to 8174 1 questions which not only affect the people in my 2 district, but the people of all of the state of 3 New York. 4 I think he's going to be an 5 extraordinarily capable and competent 6 Commissioner, and I think that he's going to 7 bring a sensitivity to all of the people of the 8 state of New York, so that there'll be dignity 9 even for those who, unfortunately, find 10 themselves on the welfare rolls and he will 11 administer the agency with that sensitivity, 12 with that compassion, and I'm sure in a very 13 energetic way, and will do best for all of the 14 people of the state of New York, and I welcome 15 him in his role, applaud him and his family, and 16 pledge to you my cooperation in my little role 17 as a Senator from the 10th Senatorial District. 18 Congratulations, Michael. 19 THE PRESIDENT: Senator Espada. 20 SENATOR ESPADA: Yes, Mr. 21 President. 22 Today lots of folks in the com 23 munity-based organizations, medical facilities 8175 1 in the Bronx inner city, and state of New York 2 are rejoicing because with the commencement of 3 Michael Dowling's service as the Commissioner, 4 that bureaucracy that we often refer to here in 5 debate will no longer be a faceless bureaucracy, 6 but one that truly understands that the main 7 streaming of poor people out of welfare 8 dependency into jobs with living wages that the 9 Koerner Commission's findings of 1965 said that 10 we were headed, one nation headed to two 11 societies, that Michael Dowling understands that 12 we have to be one nation, that we have to be 13 about giving people opportunity. 14 He understands that that doesn't 15 come free of charge. It's a responsibility that 16 goes along with that, but we all, Mr. Dowling, 17 we all do rejoice in your nomination. We find 18 hope in that the poor people and those people 19 who are dependent on public assistance would not 20 be stigmatized or, in fact, have a true 21 understanding in government by people like 22 yourself and your new administration. 23 Good luck. 8176 1 THE PRESIDENT: Senator Gonzalez, 2 did you wish recognition? 3 SENATOR GONZALEZ: Mr. President, 4 I, too, rise. I know Michael Dowling for quite 5 a bit, and he's an extraordinary person, visited 6 my district, but he is an individual that visits 7 all our districts. He reaches out. He doesn't 8 stay behind the desks, and I think that that's 9 very important to what he does and, as 10 Commissioner of Social Services, I know that he 11 will do the best on behalf of all the people of 12 the state of New York, and congratulations to 13 him and to his family. 14 Thank you, Mr. President. 15 THE PRESIDENT: Senator 16 Markowitz. 17 SENATOR MARKOWITZ: Thank you 18 very much, Mr. President. 19 As a proud member of the Irish 20 American legislators of New York State, it's 21 proud, proud, Michael, to advance you, to see 22 you take this most important position, not only 23 because you're Irish, not only because we enjoy 8177 1 your brogue very much, but because you have 2 shown in every job that you have held a complete 3 dedication to the task ahead. Why you want to 4 go from what you have to this hot spot, to one 5 of the most difficult jobs in state government, 6 only you can answer, except for the rest of us, 7 we can say we're glad you made that decision. 8 Good luck. 9 THE PRESIDENT: Senator Volker. 10 SENATOR VOLKER: Mr. President, 11 very briefly, I know it's -- it's rather late, 12 but I couldn't help but say a couple of words 13 about my good friend, Mike Dowling. 14 I have known Mike for many years 15 dating back to his New York City days, and at 16 one time I remember we started out on kind of a 17 rocky foundation, but became very good friends. 18 One of the brightest men that I have ever met in 19 state government, and I must say as far as the 20 city of Buffalo is concerned, the development in 21 the last few years and the expansion of Roswell 22 Park is probably as much the work of Mike 23 Dowling as anybody I know of. It's a great 8178 1 cancer facility, it's going to become greater, 2 and your work was a major part of that. 3 I thank you for the cooperation 4 that you have given to me and so many of my 5 fellow Senate members for the last few years 6 and, as I said to you, when the word came that 7 you were going to be nominated it's a mixed 8 blessing, I guess. We're happy to have you, 9 obviously, in Social Services but we're 10 certainly going to miss you an awful lot in the 11 job that you had. 12 Good luck and Godspeed. 13 THE PRESIDENT: Senator Farley. 14 SENATOR FARLEY: Thank you. I'm 15 pleased, Mr. President, to rise to second the 16 nomination of Michael Dowling. It's truly the 17 Governor's loss to lose such a magnificent 18 counsel, but what a great public servant. 19 Michael Dowling has solved signi 20 ficant problems in sensitive ways on behalf - 21 on my behalf in my district. He's an outstand 22 ing public servant. I know he'll be a great 23 Commissioner of Social Services, and it's nice 8179 1 to see an Irishman make good. 2 THE PRESIDENT: Senator Tully. 3 SENATOR TULLY: Thank you, Mr. 4 President. 5 As chairman of the Senate Health 6 Committee and chairman of the Council on Health 7 Care Financing, I've had the opportunity to work 8 closely with Michael Dowling on many issues in 9 the area of human need and social services, and 10 I've found him to be a very dedicated and 11 competent professional. 12 He's one heck of a negotiator. 13 He's a cool tactician, but he does have that 14 great Gaelic wit that I think endears him to so 15 many of us, and I'm certain that he will do an 16 excellent job as the Commissioner of Social 17 Services. 18 I wish my colleague, Joe Holland, 19 lots of good luck in his negotiations that he 20 may have with this tough guy up there because 21 he's proven to be an able adversary but together 22 with the help of our colleagues in the 23 Legislature and the Governor, we've done many, 8180 1 many good things for the people of this state 2 and I see many, many more good things happening 3 as long as Michael Dowling is in public 4 service. 5 I'm pleased to second his 6 nomination. 7 THE PRESIDENT: Senator Nolan. 8 SENATOR NOLAN: Just like to 9 congratulate the Governor on an extremely fine 10 appointment. I must echo, Michael, some of the 11 concerns of my colleagues about why you would 12 want to take this job because you certainly are 13 walking into -- from the -- into a hot spot, but 14 I personally want to thank you for all of the 15 great things that you've done locally here. 16 Obviously, on a statewide basis 17 you've done tremendous things, but looking at so 18 many of the facilities here in Albany that 19 you've helped, whether it be the Cerebral Palsy 20 Center or St. Peter's Hospital and certainly all 21 of Father Young's projects which are legion, you 22 certainly have epitomized what the finest in 23 public service is all about, and I certainly 8181 1 wish you continued good -- good luck and God 2 speed with your new appointment. I know you'll 3 do your same tremendous job and any help that we 4 here can give you, we certainly will. 5 So congratulations, Mike. 6 THE PRESIDENT: Senator Mendez. 7 SENATOR MENDEZ: Mr. President, I 8 also rise in support of the nomination of 9 Michael Dowling for Commissioner of Social Ser 10 vices and, again, to congratulate the Governor 11 for having -- for choosing a magnificent and 12 competent professional. 13 In my association with him, Mr. 14 President, I have seen that he's of keen 15 intelligence. He has been a good public servant 16 because he is interested in doing the best to - 17 to effect an ease in people's life. He's a 18 problem solver in terms of the concerns that so 19 many of my colleagues have expressed here. 20 As to wondering why he's going to 21 go into such a difficult job, I must say I think 22 that he has this strong commitment, this very 23 strong commitment, and he's shown it in his 8182 1 entire life as a public servant, that those who 2 are down and need services from the Governor are 3 not to be denied but, on the other hand, ought 4 to be given a lift ahead so that they could be 5 independent and -- and sort of effect for 6 themselves. 7 I'm looking forward, Michael, to 8 work with you. He has reached out, as has been 9 expressed here today, to every one of us. 10 Whenever there is a problem, he, with his mind 11 and his good will and his education, he is there 12 trying to resolve it and he is very good at 13 resolving problems. 14 So congratulations, Michael, and 15 again, congratulations to the Governor for 16 having chosen you. 17 THE PRESIDENT: Senator 18 Masiello. 19 SENATOR MASIELLO: Thank you, Mr. 20 President. 21 It's certainly a pleasure to 22 second the nomination of Michael Dowling as 23 Commissioner of Social Services. Oftentimes all 8183 1 of us hear what's bad or who's bad about public 2 service and this nomination of Michael Dowling 3 gives all of us an opportunity to really 4 recognize a true professional, a professional 5 who's knowledgeable, accessible, does his job 6 and does it well, and I'm looking forward to 7 working with you, and I'm so glad that we have 8 somebody like you, Michael, who wants to take on 9 the leadership of the Department of Social 10 Services with all of their problems. 11 We need somebody who has the 12 presence of mind but also the presence of heart 13 to deal with those kinds of problems, and I know 14 that state government and the Department of 15 Social Services just became infinitely better 16 with you as their head. 17 Good luck. 18 THE PRESIDENT: Senator Libous. 19 SENATOR LIBOUS: Thank you, Mr. 20 President. 21 I, too, rise to second the 22 nomination of Michael Dowling, and I just want 23 to say that I've had the pleasure of working 8184 1 with Mike Dowling on a number of pieces of 2 legislation over the past couple of years and he 3 is not only a great public servant, but when you 4 work with Mike Dowling we always come to a 5 positive conclusion and that conclusion is for 6 the good of the people of New York State, and I 7 think that's first and foremost of what he has 8 in his heart and his mind. 9 The other special quality with 10 Mike Dowling is that, when he gives you his 11 word, he sticks by it, and I think that is a 12 rare quality today in dealing with any public 13 official or administrator. 14 So, Michael, I wish you the very 15 best, and I look forward to working with you in 16 the years ahead. 17 SENATOR STAFFORD: I would also 18 like - 19 THE PRESIDENT: Senator Stafford 20 is recognized. 21 SENATOR STAFFORD: I would just 22 like to incorporate what everybody has said. I 23 think that will be -- will suffice but I, too, 8185 1 have known Michael both professionally and 2 personally, and we're very fortunate to have him 3 in this very important position. 4 THE PRESIDENT: Senator 5 Dollinger. 6 SENATOR DOLLINGER: Mr. 7 President, I rise to also second the nomination 8 of Michael Dowling. I don't know Mr. Dowling 9 well; I've met him a couple of times, but the 10 people in the city of Rochester with many 11 problems, many misfortunes, are certainly going 12 to be looking to your leadership as a guide to 13 them, and I'd just say that since the name 14 Michael Dowling was mentioned in this chamber, 15 the lights have gone on. If you can work that 16 magic in the rest of the state of New York, 17 you'll make it a much brighter place. 18 I look forward to working with 19 you, and congratulations. 20 THE PRESIDENT: Now, Senator 21 Halperin. 22 SENATOR HALPERIN: Lest my 23 silence be misinterpreted as as much support as 8186 1 anyone else in this chamber for the nominee, I 2 just wish to rise and second the nomination. 3 THE PRESIDENT: And I think I 4 better call the roll on confirmation. Is there 5 -- the question is on the confirmation of the 6 nominee. All those in favor say aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 The nominee is confirmed. 11 (Applause) 12 SENATOR PADAVAN: Mr. President. 13 THE PRESIDENT: Senator Padavan. 14 SENATOR PADAVAN: The committee 15 report on nominations, of course, has many other 16 nominations, many other nominees to consider. 17 Unfortunately, we have a problem in that one of 18 the statutes that we are about to deal with 19 expires at midnight. So we, unfortunately, must 20 return to that bill, Calendar Number 1668, and 21 as soon as that debate and vote is taken, then 22 we will return to the committee report on 23 nominees. 8187 1 THE PRESIDENT: Secretary will 2 read, and we'll have order in the chamber. 3 THE SECRETARY: On Supplemental 4 Calendar Number 2, Calendar Number 1668, 5 substituted earlier, by the Assembly Committee 6 on Rules, Assembly Bill Number 8859, Emergency 7 Housing Rent Control. 8 VOICE: Explanation. 9 THE PRESIDENT: Explanation is 10 requested. So, I'm not -- yes, we do. The 11 message has been accepted. 12 Senator Hannon. Senator Hannon 13 is recognized. 14 SENATOR HANNON: Mr. President, 15 may I inquire, has the bill been substituted? 16 THE PRESIDENT: Yes, it was 17 earlier today. 18 SENATOR HANNON: Yes, it was? 19 Thank you. 20 THE PRESIDENT: It was 21 substituted, and the message was accepted. 22 SENATOR HANNON: This bill is 23 entitled the Rent Regulation Reform Act of 8188 1 1993. It represents a compromise between the 2 two houses in regards to the rent regulation 3 laws in this state. It does a number of things, 4 and in order to make sure the record is clear, I 5 would just like to mention them. 6 It would provide that apartments 7 which have a legal regulated rent of $2,000 or 8 more per month at any time between the effective 9 date of this act and October 1st, '93, shall be 10 subject to the decontrol provisions of this 11 act. 12 The bill provides that such 13 deregulation shall either occur upon vacancy of 14 the current occupants or immediately if the 15 apartment is presently vacant. It also provides 16 for a second decontrol mechanism. If the legal 17 rent charged as of October 1st, '93 is equal to 18 or greater than $2,000 per month and the 19 apartment is occupied by a high income 20 household, the apartment may be deregulated 21 prior to vacancy in accordance with the 22 verification and deregulation procedures set 23 forth in the bill. 8189 1 For the purposes of this 2 mechanism, a high income household is defined as 3 one where the total federal adjusted gross 4 income of all the occupants residing in the 5 apartment as their primary residence is in 6 excess of $250,000 in each of the two preceding 7 years. 8 In the case of buildings which 9 have received an exemption under Section 421 of 10 the Real Property Tax Law, the decontrol 11 provisions of this bill would apply to high 12 income tenants in those units where rent 13 regulation would otherwise continue upon the 14 expiration of the real property tax benefits 15 provided to the owner. 16 This bill also amends the ETPA, 17 Emergency Tenant Protection Act to provide that 18 housing accommodations owned as cooperatives or 19 condo units which are vacant or which become 20 vacant after the effective date of this act, 21 shall not be subject to the provisions of this 22 act provided, however, that the existing rights 23 of the non-purchasing tenants will not be 8190 1 affected by this provision. 2 The bill also codifies existing 3 regulations which allow owners to increase the 4 rent to the stabilized apartment in amounts 5 equal to one-fortieth of the cost of the 6 improvements provided to an apartment when 7 requested by the tenant. If the tenants are in 8 place, obviously then this increase can only 9 take place with the tenants' consent. For 10 vacant apartments no consent is required. 11 There is also a provision that 12 where an owner failed to file a timely 13 registration under rent stabilization or ETPA, 14 the owner shall not be subject to rent over 15 charge penalties if the rental increases were 16 otherwise lawful, and the owner files the 17 missing registration, although the owner can be 18 fined or will be fined a 50 percent surcharge 19 for late filing. 20 There is a study form to be done 21 in conjunction with the Senate and Assembly 22 Housing Committees in regard to a whole host of 23 pressing major problems for the housing in the 8191 1 metropolitan area, with a report by June 30th, 2 1995. There is a four-year extender of the 3 ETPA, the state and the New York City rent 4 control condo and could open laws, to June 15th, 5 1997. 6 This basically is the outline of 7 the provision that has been a subject of much 8 debate, 22 years of discussion, 22 days of 9 round-the-clock negotiations. We have not 10 allowed for the curtailment or abrogation of any 11 existing rights which are set forth in the bill 12 that would be done prior to any order of 13 decontrol by DHCR. 14 The idea in all of the proceed 15 ings that have been set forth is that they be 16 administratively simple, administratively ex 17 peditious. In fact, this act specifically sets 18 forth the timetable for decontrol proceedings so 19 that no other suits or proceedings, motions or 20 actions can act to stop or stay these 21 proceedings. 22 SENATOR KUHL: Explanation is 23 satisfactory. 8192 1 THE PRESIDENT: Senator Goodman. 2 SENATOR GOODMAN: Mr. President, 3 in the year 1974, under the Governorship of 4 Malcolm Wilson, when both of the houses of this 5 Legislature were controlled by Republicans, a 6 law was passed known as the Emergency Tenant 7 Protection Act. That act was an omnibus act 8 which was designed, through its many provisions, 9 to provide manifold protections to tenants who 10 were occupying the housing stock around the 11 state, and that law came into existence after an 12 experiment had been attempted called vacancy 13 decontrol. 14 Vacancy decontrol was an attempt 15 to dismantle a law that had been in existence 16 since World War II for the purpose of recog 17 nizing that the supply and demand of housing 18 stock was such that there was far less supply 19 and far more demand than one would have wished 20 and, therefore, that if there were no controls 21 imposed upon the relationship of supply and 22 demand, rents would have skyrocketed. 23 Because of the great hardship 8193 1 that such skyrocketing rents would have imposed, 2 it was found necessary to create something 3 called rent control, and then an attempt was 4 made to roll it back completely on the theory 5 that, if an apartment became vacant, it could 6 then be placed upon the market at a free market 7 level, and there would be no need for any 8 further rent control. A fine theory, but 9 unfortunately one that proved to be disastrously 10 inadequate in practice for a very simple reason: 11 A number of landlords, and I'm 12 not sure the exact number, I hope it was not a 13 majority, but a significant number decided that 14 there was a bonanza on the horizon and that the 15 way to accomplish the goal of increased profits 16 was to find a variety of methods to harass 17 tenants out of their apartments, and the methods 18 were appalling. 19 We have on the record, based upon 20 the hearings of those days, specific reports of 21 landlords hiring goons to go into apartments 22 with sledgehammers, banging on the front doors 23 of apartments to frighten tenants, of landlords 8194 1 using literally large dogs to patrol the 2 corridors of the apartment, often out of control 3 and once again to frighten tenants. 4 The result was that vacancy 5 decontrol became so odoriferous and unacceptable 6 that it became necessary to repeal it, and 7 that's what was done in 1974, and that's what 8 ushered in the era of the Emergency Tenant 9 Protection Act. 10 Briefly, that act sought to 11 change the ground rules of rent control and to 12 provide a regular annual review by a supposedly 13 objective board which would determine on what 14 basis rents could increase, and that, in turn, 15 was directly related to the question of supply 16 and demand of apartments. 17 Over the years, the Emergency 18 Tenant Protection Act was extended in two-year 19 intervals by this and the other house and over 20 the years every two years the tenants were 21 thrown into a fright when they wondered what 22 would become of them if the Emergency Tenant 23 Protection Act were repealed in view of the 8195 1 persistent continuance of a very low vacancy 2 rate of the great bulk of apartments especially 3 in the city of New York, but also in Westchester 4 and some of the areas surrounding New York. 5 The results over the years have 6 been moderately satisfactory in the sense that, 7 although there are a variety of evasions 8 attempted to get around the strictures of the 9 Emergency Tenant Protection Act, by and large 10 they were a kind of a safety vest for tenants 11 who were desperately in need of some degree of 12 security in their home. 13 Now, in recent years, we're very 14 familiar with the fact that there has been 15 persistent inflation. We're also familiar with 16 the fact that, in the last couple of years 17 there's been a very deep recession, and let's be 18 quite clear what the central issue is in 19 considering this whole issue of whether to go 20 with rent control and rent stabilization. 21 The core question which we've had 22 to grapple with is the question of how to 23 provide some relief from the vast middle class 8196 1 which occupies our urban areas to protect them 2 against the possibility of their rent skyrocket 3 ing. 4 Now, rents are not a small matter 5 to the average tenant. Typically, the relation 6 ship of income to rent is that rent occupies 7 about one-third of the average income. You can 8 readily see that, if one out of every three 9 dollars of income goes to pay rent, we're then 10 in a position where a sudden upward lurch in 11 rent could throw a family's finances into rude 12 disarray. 13 Over the years, this house, 14 through the efforts of a number of Senators, and 15 I believe my own were very much involved here, 16 passed several measures of some significant help 17 to tenants. For my first eight years in this 18 house, I was chairman of the Housing Committee 19 and during that period and after a number of 20 laws came into being, first the two-year 21 extensions of the 1974 ETPA; then a law which 22 made it easier for tenants to pay for major 23 capital improvements -- I'll speak more about 8197 1 that in a moment -- a law requiring 51 percent 2 tenant approval for co-op or condominium 3 eviction plans; a law to protect the elderly and 4 disabled from evictions when their buildings 5 were converted to co-ops and condo's; a law to 6 create a system of rent registration developed 7 by tenants and to determine their legality, a 8 crucial piece of the backbone of the ETPA 9 because landlords were required to register 10 apartments and there was then oversight 11 exercised to be certain that they didn't over 12 charge the legally permissible amount for those 13 apartments; and then there was a law which 14 mandated treble damages in the event that the 15 landlords did transgress and did, in fact, over 16 charge. That law has had teeth in it, and then 17 a law to prohibit rent surcharges and pass 18 alongs in rent-stabilized apartments and one to 19 extend tax abatement to hold down rents in such 20 major urban enclaves for the middle class as 21 Stuyvesant Town and one to strengthen housing 22 code enforcement and give tenants recourse if 23 violations are not corrected. Brick upon brick 8198 1 of a solid wall of protection was erected for 2 the purpose of protecting those whose incomes 3 would be heavily impacted if this system were 4 thrown out of kilter. 5 Now, be it noted, however, that 6 while all of that was going on, some other 7 things were happening, also originated by myself 8 and others in this house for the benefit of 9 landlords. I refer specifically to the 10 so-called 421-A legislation which said to the 11 landlords, if you will build a building upon 12 under-developed land and if you will allow that 13 building to have rent-stabilized apartments, 14 upon the completion of it, we will give you what 15 amounts to a 50 percent discount in your real 16 estate taxes. 17 That proved to be a tremendously 18 potent incentive, and billions of dollars in 19 housing were erected in the city of New York and 20 outside it. In addition, there were other 21 measures which were helpful to landlords so that 22 we didn't have a totally one-sided approach. 23 We wanted to stimulate this new housing 8199 1 construction, and there was something called J. 2 51, and there were changes made in the loft law 3 construction. 4 In short, what was attempted dur 5 ing this period was some degree of equilibrium 6 and lest it escape our notice, a number of the 7 landlords during this period, many of them 8 respectable New Yorkers, made vast fortunes as a 9 result of the opportunities provided to them to 10 build this type of subsidized housing, not to 11 mention the Mitchell-Lama laws and a whole group 12 of related direct government subsidies. 13 Things were going along reason 14 ably well until the year 1992, and that brings 15 us to the present. In addition to a recession 16 which also affected the landlords, there was an 17 enormous pressure building up to sweep away the 18 whole scheme of rent legislation and rent 19 control. 20 A lot of people said allow the 21 free market to come into play. They ignored the 22 fact there was a 3.5 percent overall vacancy 23 rate and that's the latest number which has not 8200 1 yet been published, but we just received it from 2 the official sources. Let me just repeat it: 3 Overall there is a 3.5 percent vacancy rate, 4 meaning that supply and demand are nowhere near 5 equilibrium. 6 Now, my friends, with that having 7 been said, we are at this moment confronted with 8 a piece of legislation which has some virtues, 9 and it has some vices. The virtues of the 10 legislation are very briefly as follows: 11 The two-year "nervous breakdown 12 syndrome" has been broken. It is no longer a 13 two-year cycle; it has become a four-year cycle 14 and, in my view, that is a very great advantage 15 to tenants because the great mass of them will 16 not have to worry about where they are going to 17 move to and/or where they're going to be after 18 we act for another four years. 19 In addition, there are some other 20 significant benefits. These benefits basically 21 relate to the fact that we are going to have a 22 series of specific -- specific aspects of this 23 law which will enable the tenant to have certain 8201 1 assurances with respect to his basic security. 2 But, Mr. President, let me say 3 what we have failed to achieve. There has been 4 proposed a vacancy decontrol applicable to 5 luxury apartments. It is an indisputable 6 proposition, I'm sure, that millionaires should 7 not be living in rent-controlled or rent 8 stabilized apartments where they do not need to 9 have the benefit of landlord subsidization of 10 their rents. Unarguable proposition, but then 11 the question arises how to deal with it. 12 Had they, the real estate lobby, 13 had its way, the way in which it would have been 14 dealt with was to sweep away all controls, a 15 grossly unsatisfactory solution because it would 16 have wounded, if not killed, a number of people 17 who vitally depend on these laws for their 18 security, and so what happened initially was 19 that whereas it appeared for a time as though 20 there might be an effort for total vacancy 21 decontrol, a number of the Senators in this 22 house on both sides of the aisle -- but I'll 23 particularly single out the members from the 8202 1 city of New York on this side -- did everything 2 within their power to persuade those who were 3 considering other possibilities, including the 4 distinguished chairman of Housing and the 5 Majority Leader, that to listen to the siren 6 song of the landlords and to sweep away all 7 controls would have a devastating effect. 8 Now, let it be noted that had it 9 been the desire of those involved in the 10 leadership of this house to bring about the end 11 of rent control, it would have been a very 12 simple matter to accomplish that. Why? Because 13 June 15th at midnight was the deadline for that 14 law to expire, and all that would have had to 15 have happened, if there had been the devilish 16 plot that has been described in the other house 17 in a really macabre debate this evening, would 18 have been to let the whole system go over the 19 cliff at one minute after midnight on the 15th. 20 That did not happen, but note how 21 simple it would have been to have let it happen 22 if that had been the desire of the leadership of 23 the house. 8203 1 I must admit that we came 2 perilously close, due to a breakdown in 3 discussions which did not reflect the true 4 intention of the leadership, and I did find 5 myself in a rather rapid shuttle back and forth 6 between this house and the Assembly on the night 7 of June 15th to make certain that the two 8 leaders were able to confer through an open 9 phone line, and thank God that Conference did 10 result in an extension which enabled clearer 11 heads to prevail in the further development of 12 legislation. 13 There have been three more 14 extensions, and the latest one is coming up at 15 12:00 midnight; so I'll try to wrap this up as 16 quickly as I can to give others a chance to 17 talk, and let me just say that the final result 18 which has emerged is a mixed bag. It does seek 19 vacancy luxury decontrol, and it seeks to weed 20 out that millionaires' club and subsidized 21 buildings, but it does it in a way that, 22 unfortunately, brings into play something which 23 has a very dangerous possible future, and that 8204 1 is the concept of income verification. 2 The specific level selected of a 3 quarter of a million dollars a year is not a 4 level that causes great concern in my bosom, 5 because there are only 4,000 apartments which 6 have $2,000 a month or more rent, and within 7 that I dare say the significant majority are not 8 occupied by people who earn more than a quarter 9 of a million dollars a year. 10 Therefore, out of the 4,000 11 eligible apartments, there's not only a very 12 small number that meet the income test for 13 decontrol, but within that segment and mark this 14 well, there is a situation in which we find that 15 the free market has come into play. 16 This is amply described in the 17 other house by Assemblyman Friedman, by Assem 18 blyman Koppell, and some others who pointed out 19 very properly that many of the rents being paid 20 in those luxury apartments are below the permis 21 sible rent level under rent stabilization. So 22 the fact of the matter is that this segment that 23 has been singled out for income verification is 8205 1 relatively tiny. Out of the two and a half 2 million tenants in New York, I've got a hunch 3 that this might affect a thousand tenants, maybe 4 less, maybe a little more. We can't be precise 5 from available statistics. 6 The problem, however, is that 7 there is something called the Department of 8 Housing and Community Renewal which is the state 9 entity charged with the responsibility of 10 administering the rent laws. There are six 11 years of arrearages in the handling of their 12 business, people who are charging that they're 13 paying too much rent, people with other 14 complaints on a line that's from here to the 15 Mississippi River and will take six years to 16 clear. 17 Whom do we select to handle the 18 income verification? You guessed it! DHCR, 19 which is already swamped and at the moment 20 bubbling as its nose goes below the surface of 21 its work load and it can hardly breathe. It's 22 about to suffocate because we've decided that 23 we're going to hand it the interesting problem 8206 1 of performing income verification. 2 I submit that this is not the way 3 to go. My colleagues, if mine were the vote 4 that had to be cast to decide the outcome of 5 this bill, let me say to you in utmost candor I 6 would feel constrained to vote for it. I do not 7 expect that that is the case. If it becomes the 8 case, I will change what I expect to cast as a 9 negative vote, but my negative vote is 10 predicated upon three very severe problems that 11 I have with this bill. 12 Number one is this process of 13 income verification which I submit to you is an 14 unworkable Rube Goldberg invention about to 15 collapse of its own weight. 16 Number two is the fact that two 17 of the laws which I proudly informed you I had 18 the pleasure of sponsoring some years ago, one 19 to verify legal rents through a system of rent 20 regulation and one to charge treble damages for 21 landlord over-charges, those measures passed in 22 a Republican-controlled house, are being 23 dismantled in the bill that's before us. 8207 1 The problem is very clear and 2 very simple: If you need rent registration to 3 create the skeletal structure around which this 4 whole thing is to be made viable and if you pull 5 apart rent registration by saying instead of the 6 treble damage penalty, we'll give you a small 7 slap on the wrist, Mr. Landlord, if you have not 8 registered your apartment, you are severely 9 impinging upon the ability of this system to 10 function and that, in my opinion, is 11 unfortunate. 12 I am breathing an enormous sigh 13 of relief in conclusion because I know that the 14 great overwhelming majority of the tenants in my 15 district, hundreds of thousands of them and 16 hundreds of thousands in your districts, will be 17 protected for four more years as a result of the 18 action we take tonight if this bill passes which 19 I confidently expect it will. It did so 20 overwhelmingly in the Assembly, I might add, 21 with a significant number of both Democratic and 22 Republican votes. 23 But my negative vote is intended 8208 1 to symbolize my concern that the very measures 2 we took previously to try to give some reason 3 able teeth to this enforcement procedure are 4 being yanked from us so that what we will have 5 to have is not a tiger with teeth in it but a 6 tiger whose gums are expected to inflict wounds 7 upon those who transgress. Thus you will hear a 8 chopping sounding noise instead of the click of 9 sharp teeth keeping transgressors in line, and I 10 say to you that's nuts, and it's wrong, and it's 11 a shame. 12 So this is the way I see things 13 from here. We have stopped dead in their tracks 14 the onslaught of those who sought to run this 15 ball right over us across the goal line. We 16 stopped them dead on the ten yard line and we've 17 held the line, but we end the game in better 18 shape than we began because of the four-year 19 extension. 20 That, my friends, is not the 21 complete solution, but it's better than what I 22 thought we might have that night when I got on 23 the shuttle from here to the Assembly, and thank 8209 1 goodness, what we have is a compromise that has 2 its good and bad points. 3 I shall vote against it unless 4 mine is the decisive vote. Thank you. 5 THE PRESIDENT: Senator Espada. 6 SENATOR ESPADA: Mr. President, 7 throughout this protracted debate -- and I won't 8 speak to process, because I think everyone here 9 is tired, everyone here from the past several 10 weeks who has experienced this essentially was 11 taking millions of people hostage through a 12 process that was absolutely unnecessary, but to 13 the merits of the case. 14 This whole thing has been mis 15 cast. This debate is not about luxury decontrol 16 of anything. This has always been about 2 17 million people, the majority of whom earn less 18 than $20,000 per year, 25 percent of whom are 19 under the federal poverty guidelines. That is 20 what this whole thing was about. Luxury 21 decontrol had, in fact, taken place de facto for 22 the 2,000-plus households; for those who enjoy a 23 $250,000 income level, they've always had their 8210 1 option. There is a ten percent plus of vacancy, 2 of vacancy rate, for those apartments that are 3 in that income strata. 4 So this whole thing has been 5 miscast. But since we've had it out and since 6 we've come to this moment, I hope that rent 7 regulation, that those that say rent regulation 8 causes them embarrassment will shut up, that 9 those who say that rent regulation benefits the 10 rich will shut up, and that those who say that 11 rent regulation impedes construction of new 12 housing will shut up and, in effect, start 13 talking about the construction of new housing 14 opportunities and homes for the people who have 15 no apartments, for the people who are doubling 16 and tripling up in public housing because, 17 indeed, that's where the debate needs to be 18 focused, that's where the state's resources need 19 to be coordinated with the federal initiative 20 that hopefully will come and, even if they don't 21 come, we have a responsibility now in the next 22 four years to devote as much time to the people 23 that are waiting outside my district office 8211 1 every day in the South Bronx and throughout the 2 City and other cities in this state, waiting for 3 housing. 4 They can't negotiate leases. 5 They have none. They're not even welcomed in 6 shelters. In fact, they don't want to be in 7 shelters, so we have a unique opportunity to put 8 all that behind us and to have the housing 9 committee of this Senate really hold true to two 10 choices, housing and community renewal. 11 We stand ready in support of this 12 bill so that we can get on with the business of 13 real housing and real community development. 14 THE PRESIDENT: Senator Daly. 15 SENATOR DALY: Mr. President, 16 would Senator Hannon yield? 17 SENATOR HANNON: Yes. 18 SENATOR DALY: Senator, I note 19 there was a strong criticism of the verification 20 of income part of this bill. Could you explain 21 how this will be implemented and administrated 22 -- administered? 23 SENATOR HANNON: Well, we have 8212 1 tried to do a very simple procedure, one that 2 mandates that all privacy considerations remain 3 intact, one that, because this is directed 4 towards level of income, seeks to reform this 5 system and make this -- this whole system of 6 general public assistance better, one that can 7 be done with simple verification. 8 It leaves the bureaucracy out of 9 this process at the very beginning. It also 10 then asks DHCR only to check upon appeal and not 11 to check anything else but whether or not the 12 records of the state reflect an income that's 13 greater than the eligibility limit. 14 It presumes, and I think it can 15 be shown from the experience with Mitchell-Lama, 16 that the whole system can work in a fairly 17 simple and easy manner. It takes actually the 18 sting out of the system because the greatest 19 criticism, notwithstanding my good friend 20 Senator Espada's remark about criticism of the 21 rich benefiting, that's what's harming the whole 22 system. That's what led to the great reform 23 here, and so we have tried to do it in a way 8213 1 that can be done with names and addresses alone 2 and you're dealing with a very small universe. 3 It provides for an absolutely 4 simple administrative procedure. 5 THE PRESIDENT: Senator Mendez. 6 SENATOR MENDEZ: Mr. President, 7 will Senator Hannon yield for a question? 8 SENATOR HANNON: Yes. 9 SENATOR MENDEZ: Senator Hannon, 10 your bill will include -- will affect those 11 renters who are in apartments J.51s and 421-As. 12 O.K. Those buildings were constructed with some 13 part of taxpayers' monies, monies from all of 14 us, and all of the people out there in the state 15 of New York to help the developers build those 16 apartments. 17 My question to you is, once this 18 bill is approved here and it will pass this 19 chamber, will those landlords keep and not get 20 taken away, keep the decontrol of the so-called 21 luxury apartments with the abatements, those tax 22 abatements that they have negotiated, or will 23 they be returned to the taxpayers? 8214 1 SENATOR HANNON: Well, in answer 2 to your question, Senator, which is an excellent 3 one, we have provided that, because some 4 buildings are enjoying another system of general 5 public assistance, namely the tax exemptions, 6 that to the extent the building is currently 7 receiving a 421 tax exemption, it is not subject 8 to the decontrol provisions here. Should those 9 exemptions end or should the exemptions 10 contained in section 489 end, that's -- those 11 J.51s and 489s end, then they would be subject 12 so that at no point do you have the decontrol 13 provisions applying to the buildings which have 14 received the tax exemptions that I just 15 mentioned. 16 SENATOR MENDEZ: So as long as 17 the landlord has a building which was occupied 18 with tenants that receive the 421-A tax 19 abatement or the J.51 tax abatement, as long as 20 that building is receiving those benefits, those 21 apartments will not be decontrolled; is that 22 what you're saying? 23 SENATOR HANNON: Let me repeat 8215 1 myself: So long as there are tax exemptions or 2 abatements contained in Section 421 or Section 3 489, then the decontrol provisions would not 4 apply, but once those abatements or exemptions 5 end, and if the rest of the eligibility 6 standards of this statute are present, then they 7 would apply. 8 SENATOR MENDEZ: So that in the 9 final -- so that then assuming that ten years go 10 by and the tax abatements for the 421-A or J.51 11 ends, once those apartments are decontrolled, 12 the -- the landlord no longer would probably 13 retain taxes, I want to know, I'm just 14 interested in finding out if in any event there 15 is any possibility that an owner of a building 16 will, in fact, be able to decontrol the rent in 17 his apartment at the same time that he's 18 receiving taxpayers' dollars through tax 19 abatements. 20 SENATOR HANNON: To the extent 21 there are tax exemptions or abatements as I've 22 previously mentioned. 23 SENATOR MENDEZ: Yes. They do 8216 1 not apply. 2 SENATOR HANNON: And -- they do 3 not apply, but so long as they end and there is 4 otherwise the eligibility, because there's not a 5 general eligibility here, it's specifically 6 designed, and it's specifically designed so DHCR 7 will make it simple and is directed to make it 8 simple, then they would get it, but there is not 9 an overlap. 10 SENATOR MENDEZ: Thank you. 11 Thank you, Senator. 12 Mr. President, I am not going to 13 support this bill while the majority of my 14 constituents do not live in apartments that 15 receive tax abatement, 421-As and J.51s. 16 However, I do have a good number of families, 17 constituents of mine, that are living under 18 those conditions. 19 I think that to think of a family 20 of two children and a couple living in a 421 - 21 in an apartment paying $2,000 a month thinking 22 of them as wealthy, that -- that is a fantasy, 23 because the -- through the taxes that are paid 8217 1 by all of us in New York City and in New York 2 State for a family of four having an income of 3 -- a gross income of $150,000 or even $200,000 4 a year, the price of the 250, the decontrol, is 5 not a lot of money when they have -- they send 6 their kids to private schools or to public 7 schools and they have a lot of expenses because 8 living in New York City, which is the biggest 9 city, is an expensive affair. 10 I think that, most of all, I'm 11 very concerned and very worried that this bill 12 affects eventually, even though we are providing 13 four years them to have -- for the law to be in 14 place, it will maintain a lot of people in New 15 York City and in the suburbs in an eternal state 16 of anxiety because at four years, maybe they're 17 thinking, would they come for now to extract 18 another pound of flesh, so that the security 19 that many renters have, and the security that 20 they have in terms of stabilized communities 21 where they are participating and everything 22 else, is being shattered. 23 I think that this is not the way 8218 1 to go and rights that have been earned by groups 2 of people after a lot of fight and concern and 3 activities, should be -- should stay like that. 4 This would be my money, just like the Supreme 5 Court, Mr. President, started with the -- with 6 the relief in the last decision on the -- on the 7 apportionment, and the active role of the senior 8 rights bill. 9 Tenants in New York City and in 10 the suburbs have earned through hard work a 11 right to pay adequate rent, not to be exploited, 12 not to be harassed, and they have earned that 13 through their activity and through our 14 consciences, all of us, our collective 15 conscience here that they deserve better. 16 So, Mr. President, I know this 17 bill has been accepted by the -- by the 18 Assembly, by the -- by the Senate and by the - 19 and by the Governor, but I think it's a bad 20 bill. It affects my constituents in a negative 21 way and, therefore, I will not be supporting it 22 and I hope that -- that my colleagues will have 23 some second thoughts and not go with it. 8219 1 Thank you, Mr. President. 2 THE PRESIDENT: Senator Padavan. 3 SENATOR PADAVAN: Thank you, Mr. 4 President. 5 My tenants, the tenants in my 6 district, of course, are very relieved tonight, 7 will be hopefully if we get to this by midnight 8 and I'm sure we will, that rent stabilization 9 will continue for four more years, and they have 10 absolutely no problem with the concept that 11 those whose incomes are in excess of a quarter 12 of a million dollars, whose rentals are 2,000 or 13 more, would no longer be given the kind of 14 protection previously provided to that 15 category. 16 Senator Goodman outlined to you a 17 scenario of events and historical perspective 18 which was both articulate and erudite, but one 19 area he overlooked inadvertently, and I have to 20 add that to the equation and to the problems 21 that we do envision for all the tenants in this 22 city of New York and in the surrounding areas 23 who will be affected by what we do tonight, and 8220 1 that is commonly referred to as the one-fortieth 2 rule. 3 Now, for your clarification and 4 understanding, by regulation, DHCR allows a 5 landlord to take the improvements that he might 6 provide in a given apartment that could be a 7 stove or refrigerator, an appliance that has 8 become defective and must be replaced, and take 9 the value of that improvement, divide it by 40 10 months and add that figure to the monthly rent, 11 in an amount that would be permanent forever, an 12 amount on top of which regulatory allowable 13 increases would be applied. 14 As an example, it doesn't take 15 very much to go in an apartment and replace 16 $4,000 worth of appliances. Divide that by 40 17 and now that tenant will pay an additional $100 18 per month rent, if you consider the fact that in 19 the city of New York the average rentals are 20 somewhere between 5- and $600, so we're talking 21 about a 20 percent increase with that equation 22 that I just gave you. 23 Now, that works by regulation; as 8221 1 of this moment, it is by regulation. DHCR is in 2 the process, was in the process of providing 3 some degree of relief to tenants caught in that 4 maze. The relief was put back in the form of 72 5 months, so the increase that I just discussed 6 with you would be spread over a longer period of 7 time and the impact on that monthly rent would 8 be somewhat diminished. 9 That is reasonable, in my view, 10 and should have been allowed to happen, but the 11 bill that we are about to adopt recognizes the 12 one-fortieth rule, thereby precluding what was 13 to have happened by all indicators that we have 14 at our disposal some time in October. 15 Now, I emphasize what I said at 16 the very beginning, that applies to all 2 17 million or more residents in apartments in the 18 city of New York. Granted, if someone is 19 occupying an apartment and this was included and 20 thank you, Senator Hannon, for doing that, that 21 tenant can refuse to accept that improvement. 22 Of course, if the refrigerator breaks or the 23 stove isn't working, obviously such refusal 8222 1 would be academic. But when that apartment 2 becomes vacant, they can work out everything in 3 that apartment, cabinets, stoves, refrigerators 4 and divide that sum by 40 months and add that to 5 the rent. 6 Remember, Senator told you about 7 the horror stories back when we had vacancy 8 decontrol. I envision the same kinds of similar 9 problems, not the decontrolled rent, but for the 10 one-fortieth rent increase. So while we are 11 happy tonight that rent stabilization will 12 continue for four years and that it will affect 13 99 percent perhaps of the tenants in the city of 14 New York with regard to the threshold, the 15 monthly rent, we are unhappy by what is about to 16 happen in regard to this one-fortieth rule. 17 Thank you, Mr. President. 18 THE PRESIDENT: Senator 19 Markowitz. 20 SENATOR MARKOWITZ: Mr. 21 President, Senator Hannon, I know that the 22 approach you have reached is extremely 23 fundamentalist where you are dealing with the 8223 1 tenants. 2 I have some remarks, the good 3 news of why I think we're voting in the 4 affirmative on this bill is that the great 5 majority of the tenants in New York City and 6 especially in the borough that I'm proud to 7 serve in Brooklyn will be safeguarded for years 8 because the great majority of the tenants 9 are nowhere near the $2,000 threshold of rent, 10 that's for sure, but tonight, I serve notice 11 clearly on the tenant voters that what we have 12 assumed in the past to be a secure safe rent 13 regulation system has been opened up by our vote 14 tonight. It's been opened up and, if this vote 15 tonight serves the tenants to recognize that 16 they must organize, organize, that they confront 17 this issue in the years to come, then perhaps 18 there is something good that happened to 19 revitalize the tenant movement in New York 20 City. 21 Secondly, as to the rule itself, 22 I'm concerned that -- not with the multi 23 millionaires that you want to remove from - 8224 1 from the rent regulation system, although the 2 multi-millionaire or the person who earns over 3 $250,000 who's able to convince me that they 4 live in an apartment under $2,000, and make no 5 mistake there are quite a few of those people, 6 we're not going to cut them off, but we also see 7 under the $2,000 rent that could open the door, 8 and my concern is not with them at all, but I do 9 have concern that once this door is open, we're 10 all concerned about, in fact, once the door is 11 open, it will be our job to make sure that this 12 door doesn't open up any wider in the future. 13 I think that there are things 14 that could have been done that would have been 15 rationally and reasonably done, good things that 16 could have been done. 17 Number one, what is the 18 relationship, Senator Hannon, between rent and 19 services? And once you open up your mind and 20 your intellectual ability, because I know you 21 have it, you will recognize that as you look 22 into the issue more about it, you will discover 23 that higher rent does not bring better services, 8225 1 that there are landlords that have rent rolls 2 that are not as high as you would maybe like 3 them to have and yet keep their buildings in 4 wonderful shape. And how about the others in 5 New York that have very high rents and keep 6 their buildings horribly because they want to 7 get every penny they can with no interest in 8 providing decent services? 9 What about the tenants in New 10 York City, Senator Hannon, whose incomes are 11 moderate and who are paying more than a third of 12 it for rent? What do we do with those people 13 that are far more, far more in the City and 14 state, than those that are in that upper 15 $250,000 bracket? 16 There's nothing in this bill, 17 Senator Hannon, that addresses their concerns or 18 addresses the concerns of the deteriorated state 19 of services of apartments in New York City. 20 I would hope in the last part of 21 your bill that calls at the end of two years for 22 the study, that we can look into these issues 23 and other issues, for instance, the small land 8226 1 lords, the small landlord who, in many cases, 2 has a legitimate beef; landlords -- small land 3 lords who are not sophisticated or educated, 4 that can use some help in buying the necessi 5 ties, and in maintaining their property, small 6 landlords, that the state of New York perhaps 7 should put in something insofar as helping them 8 with the cost of heating their building, maybe 9 providing credit for redoing their boiler 10 systems to make their buildings more energy 11 efficient. 12 These are areas that we can help 13 the small owner in New York who, in turn, maybe 14 would not be adversely affecting at all the 15 tenants in the city of New York. Those are the 16 things that I hope that we will move ahead 17 towards the future, but for tonight, this is a 18 bill that confronts us, Senator Hannon. 19 Before I complete my comments, I 20 just want to say something else. I'm very 21 concerned, Senator Hannon, and this doesn't only 22 affect you, it affects the majority of all the 23 Democrats and Republicans, the majority wish to 8227 1 maintain the property value and today in New 2 York in order to maintain the majority status, 3 we need money. In order to even be elected 4 here, we need money and, therefore, very often 5 we vote on items that may be in our best inter 6 est, something else, but because of qualifica 7 tions and the fact that we have a philosophy 8 that we wish to maintain that we have to be 9 concerned with the campaign financing. 10 It's my hope, as I look around 11 this chamber and listen to some of the members 12 who are Republicans, for instance, in this house 13 who don't represent one rent-controlled 14 apartment, not one rent-stabilized apartment in 15 this district, yes, have such a feeling about 16 the future of tenants in New York City. It's my 17 hope, Senator Hannon, for the betterment of 18 government, Republican and Democrats, liberal 19 and conservative, tenant, homeowner, landlord, 20 that soon, very soon the day will come that we 21 eliminate in our system of government private 22 contributions to political campaigns and make 23 all campaigns in this state publicly funded. In 8228 1 this way, all of us would be free to vote what 2 we know is right. 3 Thank you very much, Mr. 4 President. 5 THE PRESIDENT: Senator Bruno. 6 SENATOR BRUNO: Thank you, Mr. 7 President. 8 I'm very conscious of the time in 9 that, if we keep going on, that what we're about 10 to do will be unnecessary. 11 I just want to observe that this 12 system of our government really does work. I 13 have a debate packet here that I think goes back 14 six or seven years. I first introduced a luxury 15 apartment decontrol bill six or seven years 16 ago. I think we passed it in this chamber by 31 17 votes or 32 votes every year, after hours of 18 debate. 19 But, Senator Markowitz, and my 20 colleagues, let's recognize the debate for years 21 has not been simply over rent control; it's over 22 luxury apartment rent decontrol. There have 23 been editorials that I will not read, but I will 8229 1 relate to you, by every major newspaper in this 2 state, and especially in New York City. Top 3 flight rent deal of the rich and famous. 4 That's what this debate has been 5 about for the last several years. So it's nice 6 to talk about rent control for the poor, but I 7 will state again that the poor have been 8 subsidizing the rich for a lot of years in this 9 state and tonight is a very happy occasion for 10 all of the people of this state, all of the 11 people, because it will prove that the free 12 enterprise system, the private sector, means 13 something to the people of this state. 14 So I want to commend our chair, 15 Senator Hannon, all of the people that have 16 worked so diligently, the Governor, the 17 Assembly, to get us to this moment. I think 18 it's a happy moment for all of the people of 19 this state and I hope all of us can join in 20 unanimously approving this legislation. 21 Thank you, Mr. President. 22 SENATOR JOHNSON: Mr. President. 23 THE PRESIDENT: Senator Johnson. 8230 1 SENATOR JOHNSON: Mr. President, 2 I did want to speak on this because, first, I'd 3 like to congratulate Senator Hannon on the job 4 he's done. It has established the principle at 5 least, whether it's going to affect a great 6 number of units is questionable, but the 7 principle that the majority of the working 8 people in this state should not be called upon 9 any more to subsidize the number of 10 millionaires, of people I'm sure whose assets 11 are in the millions, who earn a quarter of a 12 million or more each year. 13 I mean people that we're 14 protecting under this law essentially could buy 15 two of the typical houses in my district every 16 year with their income. I mean it's obscene to 17 think that we should be protecting these people 18 so that they can live in a life style that they 19 like to enjoy but don't want to spend their own 20 money for it. Everyone else in this state who 21 lives in a house or whatever or a trailer on the 22 side of a hill or a city apartment, legal or 23 illegal, they are living in places which they 8231 1 can afford and they're not asking other people 2 in this state or the city of New York to 3 subsidize their housing facilities. 4 This bill doesn't do anything 5 about the real problem, which is the housing 6 abandonment in New York City. 30-, 40,000 rooms 7 abandoned year after year after year taken over 8 by the world's largest slumlord and probably 9 managed worse than the landlords did before. 10 It's really obscene when you think about it that 11 the great city of New York, built by private 12 enterprise, by individuals, putting their own 13 money, their own labor, their own sweat in it, 14 to create housing facilities from which they 15 could hopefully make a living and support their 16 family and maybe leave to their family, are 17 being taken over and condemned by this terrible 18 process of rent control and the housing court 19 which is so corrupt that they really have to 20 destroy housing units by denying the landlord 21 the opportunity to manage his own property, and 22 the government has to manage it for them; and 23 the government, of course, brings them to the 8232 1 point of bankruptcy. 2 You know, I -- I don't know what 3 else to say, but that the only way to really 4 make reforms is to rejuvenate, revitalize and 5 give permission to individuals to create wealth 6 and to profit by that wealth and not to have the 7 government intrude in the process and take away 8 their wealth. 9 Just as the great majority of the 10 housing units in the city were built by private 11 enterprise and individuals over the last hundred 12 years, they will do it again if we give them a 13 break. Start off by scrapping rent control, 14 tell us the property condemned in the last ten 15 years we'll give you back your property for a 16 reasonable price; you can charge whatever the 17 market is, you can get more, you fix it up you 18 can net less. The housing court won't be taking 19 away your properties. I think you would have a 20 great revival in the city of New York and just 21 as a point, Senator Markowitz said something to 22 the fact you don't have rent control, you have 23 rent regulation, you have areas that you are 8233 1 talking about. 2 The fact is, Senator Markowitz, 3 that ten years ago or more, we got time, ten 4 more years ago, when rent regulation, rent 5 stabilization was extended to Nassau County, I 6 personally kept it out of Suffolk County because 7 I believe what I say, let people create housing, 8 it will be available and competition will set 9 the market rent. 10 What do you think happened, 11 Senator Markowitz? When Nassau County went to 12 rent stabilization all the landlords quickly 13 condo-ed their buildings, peddled them out 14 because they didn't want to be under rent 15 control. In Suffolk County, more housing was 16 built, and I almost regretted it. We have a lot 17 more cliff dwellers in Suffolk County, which we 18 can do without. But they're there, they're 19 available, the landlords are providing free 20 rent, two three months free rent if you sell a 21 lease. 22 They provide a cornucopia of 23 goods and services if you let it work. So let's 8234 1 let it work, let's talk after 12:00 o'clock, 2 watch this whole thing go down. Watch the 3 economic revival of New York City. It will be a 4 great thing to behold. 5 THE PRESIDENT: Senator Farley. 6 SENATOR FARLEY: I just want to 7 say that this bill has got to be hand-carried 8 over to the Assembly, hand-carried down to the 9 Governor and signed by midnight and all these 10 wonderful things are going to be for nought 11 unless we read the last section pretty soon. 12 THE PRESIDENT: Senator 13 Stavisky. 14 SENATOR STAVISKY: If I may, 15 after you call the last section of the bill, I 16 would like to rise to explain my vote and - 17 THE PRESIDENT: Senator Hannon. 18 SENATOR HANNON: There are a 19 great number of problems that remain. 20 Senator Markowitz talked about 21 some of the loopholes that are still there, the 22 quarter of a million dollar a year person who 23 can still be in a unit under $2,000. That was 8235 1 part of the compromise that was made with the 2 Assembly but that debate will continue because 3 this bill only has the achievement of the rent 4 level once, so we will leave these glaring 5 examples out there, and I guess if we continue 6 this debate, and I mean the generic debate 7 between landlord and tenant, we will never 8 properly address the real housing needs of New 9 York City and, if it's a housing need of New 10 York City, it's one for all of the suburbs which 11 affected so many of us here. 12 So I start out, I conclude where 13 I started out by saying this is the middle of 14 the road approach. This was the compromise and 15 the things that people complained about were 16 something when we finally got negotiated were 17 given up for other things. I would suggest that 18 it's well worthy of an affirmative vote, and I 19 would urge everybody in this chamber to do so 20 and I couldn't close though without thanking 21 counsel Angelo Mangia, senior analyst McGarry 22 for what has to be 20 hours a day for the last 23 22 days in negotiating this bill. 8236 1 Thank you. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE PRESIDENT: Senator 9 Stavisky. 10 SENATOR STAVISKY: To explain my 11 vote. 12 THE PRESIDENT: And excuse me, 13 Senator Stavisky. It would be helpful if the 14 negatives would raise their hand during this 15 period of time. 16 Senator Stavisky. 17 SENATOR STAVISKY: We could have 18 done a number of things. We could have made the 19 extension of rent regulations permanent and we 20 did not do that. We could have provided for a 21 four-year extension, and we are doing that. But 22 we're doing that at a dreadful price, which 23 severely undermines the integrity of tenant 8237 1 protection. 2 I think this is the first step 3 towards statewide vacancy decontrol for those - 4 those properties that presently give tenants 5 protection. We're doing it a little at a time. 6 We're doing it now under the pretext that we're 7 decontrolling luxury apartments, but it's either 8 or. 9 Nobody would object to the 10 decontrol of apartments of people who were 11 earning a quarter of a million a year or more. 12 Nobody is arguing that, but there are people 13 living in apartments where the rents have risen 14 and where there are multiple individuals sharing 15 the rents and their incomes are not a quarter of 16 a million. We are also gutting the legislative 17 procedure with a $5 penalty for a landlord 18 failing to register the apartment in a timely 19 manner. I think that's obscene. 20 We're doing other things with 21 this legislation. We're making it possible. 22 I'm explaining my vote, Senator Hannon. I do 23 not - 8238 1 SENATOR HANNON: Two minutes, 2 only in the interest of meeting the 12:00 3 midnight deadline. 4 SENATOR STAVISKY: I will do 5 that. For the reasons that Senator Padavan 6 cited, the ability to put into statute, 7 proceedings for improvement increases that are 8 now on the verge of being negotiated by the 9 regulatory agency is a mistake and then to 10 assume that we're going to get an honest count 11 on whether people really do exceed the maximum 12 allowable income, I must tell you, we have this 13 in other types of housing and there has not been 14 -- there has not been - 15 THE PRESIDENT: The chair will 16 advise - 17 SENATOR STAVISKY: I am coming to 18 a conclusion. There has not always been a 19 timely response from the agencies involved. For 20 these reasons, because I don't want to see rent 21 regulations unravel in this piecemeal manner, I 22 think that we should reflect carefully and I 23 wish to be recorded in the negative. 8239 1 THE PRESIDENT: Senator Stavisky 2 votes no. 3 Senator DeFrancisco is recognized 4 to explain his vote. 5 SENATOR DeFRANCISCO: To explain 6 my vote. 7 I know everybody is anxious, but 8 some people are voting no this evening who spoke 9 for at least 45 minutes on this issue, and I 10 think I can have a minute to explain my vote. 11 I've been amazed at the debate on 12 this particular bill. The concept that the rich 13 landlords are being protected by this side of 14 the house is absolutely unbelieveable to me when 15 all that's happening is those who have an 16 adjusted gross income of more than $250,000 no 17 longer get a $2,000 a month apartment. It's 18 unbelieveable to me that we would be accused of 19 being the side of the house that are protecting 20 the rich. 21 This concept of people speaking 22 in the galleries and singing of the rising 23 rents, but I just want to make one thing clear, 8240 1 no one is going to be hurt by this bill other 2 than those who should be hurt by this bill and 3 lastly, those that are worried about this 4 $250,000 adjusted gross income, don't worry 5 because the income of your maids will not be 6 included in your $250,000 computation, so to 7 suggest that we did anything to hurt the people 8 who truly need rent control is ridiculous and 9 those who are voting no in protest of this bill 10 are truly voting no in honesty to protect those 11 individuals who have incomes above $250,000, 12 which is ludicrous. 13 I vote yes. 14 THE PRESIDENT: Senator 15 DeFrancisco votes yes. 16 SENATOR GOLD: Results. 17 THE PRESIDENT: The clerk will 18 call -- Secretary will call the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1668 are 22 Senators Goodman, Halperin, Leichter, Mendez, 23 Ohrenstein, Padavan and Stavisky. Ayes 51, nays 8241 1 7. 2 THE PRESIDENT: The bill is 3 passed. 4 Senator Present. 5 SENATOR PRESENT: Mr. President, 6 could we return to reports of standing 7 committees. 8 THE PRESIDENT: The chair will 9 observe that the Senate has been in excellent 10 order tonight for an evening like this, and I 11 hope that it continues because it will expedite 12 the proceedings and allow each Senator to be 13 heard. We will return to reports of standing 14 committees. The Secretary will read. 15 THE SECRETARY: Senator Stafford, 16 from the Committee on Finance, reports the 17 following nomination: Director of Rural 18 Affairs, June F. O'Neill of Canton. 19 THE PRESIDENT: Senator Wright. 20 SENATOR WRIGHT: Mr. President, I 21 rise in support of the nomination of and 22 confirmation of June O'Neill as the Director of 23 Rural Affairs this evening. 8242 1 First, it's my pleasure to 2 acknowledge that June is a resident of my 3 district residing in Canton in rural northern 4 New York. Equally important, June has served in 5 excess of the last five years in the office of 6 Rural Affairs, first having served as its deputy 7 director and most recently serving as the acting 8 director since 1990. 9 In my capacity previously in 10 local government, I've had the occasion to work 11 in those rural counties and to have the 12 opportunity to work with June O'Neill 13 representing the interests of the rural areas, 14 and I can attest to the fact that she has proven 15 to be a very effective advocate on behalf of the 16 rural constituency and rural communities of this 17 state. 18 I look forward with great 19 pleasure to June serving as the next Director of 20 Rural Affairs, and I am sure that she will serve 21 the people of rural New York as well as all of 22 New York State well in that capacity. 23 It's a privilege to support and 8243 1 pursue the nomination this evening and equally 2 to personally extend my congratulations and best 3 wishes to June, and I look forward to working 4 with her during her tenure. 5 Thank you. 6 THE PRESIDENT: Senator Cook. 7 SENATOR COOK: Mr. President, I 8 also want to congratulate June O'Neill. We've 9 had an excellent working relationship between 10 the Commission on Rural Resources and her office 11 since the time that she's been head of it, and I 12 look forward to continuing that fine 13 relationship. 14 THE PRESIDENT: Senator Sears. 15 SENATOR SEARS: Thank you, Mr. 16 President. 17 I, too, would like to second the 18 nomination of June O'Neill to be the 19 Commissioner or the Director of Rural Affairs. 20 In the short time that I've been in the Senate, 21 June, as you know, you and I have a great 22 relationship, but I've certainly enjoyed working 23 with you, and I thank you for all the help 8244 1 you've been to me and my office, and I certainly 2 look forward to continuing our good relationship 3 and I know that you will continue to do just a 4 fine job. 5 Congratulations, and it's my 6 pleasure to second the nomination. 7 THE PRESIDENT: The question 8 occurs - 9 SENATOR STAFFORD: Mr. President. 10 THE PRESIDENT: Senator 11 Stafford. 12 SENATOR STAFFORD: As the nominee 13 who has served at length already in the office 14 mentioned and pointed out today, she is a rural 15 resident, and that's her own decision. She 16 mentioned she went to school in New York City, 17 also Long Island, now lives in St. Lawrence 18 County. I assure you St. Lawrence County is not 19 an urban area. It's a rural area and that we're 20 very pleased to support June for this office. 21 THE PRESIDENT: Question occurs 22 on the confirmation of the nominee. All those 23 in favor, say aye. 8245 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response.) 4 The ayes have it. June F. 5 O'Neill of Canton, as Director of Rural 6 Affairs. Congratulations. 7 (Applause) 8 THE SECRETARY: Also the 9 nomination of Frank N. Cuomo of Snyder as member 10 of the State Liquor Authority. 11 THE PRESIDENT: Question occurs 12 on the confirmation of the nominee. 13 SENATOR MARKOWITZ: Mr. 14 President. 15 THE PRESIDENT: Senator 16 Markowitz. 17 SENATOR MARKOWITZ: Yes, I just 18 certainly want to commend Mr. Cuomo on his 19 reappointment, but also to really explain that I 20 hope that next legislative session that the 21 Senate will begin a thorough review of the SLA, 22 its practices, whether or not we have in terms 23 of budget, slashed them so badly that they're 8246 1 unable to fill their mandate currently and 2 increasingly so, especially in New York City 3 with the problems of after hour clubs, illegal 4 sales of liquor, drug activities going on in 5 liquor establishments and some practices of the 6 SLA, which I think the sunshine, the light, has 7 to come in. 8 And so, Mr. Cuomo, I wish you 9 well on your reappointment, and I hope that you 10 will lend assistance to those of us in the 11 Senate that are truly concerned that the SLA 12 receive its full funding as it had years ago and 13 that its mandate which increases day by day 14 could be met a hundred percent 15 enthusiastically. 16 Thank you. 17 THE PRESIDENT: Senator Sheffer. 18 SENATOR SHEFFER: Mr. President, 19 I'm delighted to urge the reappointment of Frank 20 Cuomo. He is a person in which our community 21 takes great pride, not only for his work on the 22 board, but for many decades of work in the 23 community, and it's with great pleasure and 8247 1 pride that I urge his renomination, his 2 confirmation, to the Senate. 3 THE PRESIDENT: Question occurs 4 on the confirmation of the nominee. All those 5 in favor, say aye. 6 (Response of "Aye.") 7 Opposed, nay. 8 (There was no response. ) 9 THE PRESIDENT: The ayes have 10 it. The nominee is confirmed. 11 Senator Present. 12 SENATOR PRESENT: In behalf of 13 Senator Marchi and Senator Stafford, I'd like to 14 announce an immediate meeting of the Judiciary 15 Committee in Room 332. 16 THE PRESIDENT: Immediate meeting 17 of the Judiciary Committee. And congratulations 18 Frank N. Cuomo of Snyder for your reappointment 19 to the State Liquor Authority. 20 Secretary will read. 21 THE SECRETARY: The nomination of 22 Henry P. Flinter of Rockville Centre as 23 Inspector General of the office of the 8248 1 Metropolitan Transportation Authority Inspector 2 General. 3 THE PRESIDENT: Question occurs 4 on the confirmation of the nominee. All those 5 in favor, say aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 The ayes have it. Henry P. 10 Flinter of Rockville Centre, Inspector General 11 of the office of Inspector General, Metropolitan 12 Transportation Authority. 13 THE SECRETARY: Member of the 14 state Commission of Correction, Edmund B. Wutzer 15 of Loudonville. 16 THE PRESIDENT: Senator Nolan. 17 SENATOR NOLAN: Like to move the 18 nomination of Ed Wutzer, constituent of mine, 19 long-time friend. Ed has been over 33 years in 20 the field of probation, correction and from 21 1985, he has been the Director of New York State 22 Division of Probation and Correctional 23 Alternatives. Ed Wutzer is certainly an out 8249 1 standing nominee by the Governor to be a member 2 of the state Commission of Corrections, has wide 3 experience in the field of Penal Law, probation, 4 makes him one of the really truly best 5 appointments that I've seen in a long time in 6 terms of this whole area. 7 So it's with a great deal of 8 pleasure that I move the nomination of a truly 9 outstanding public official, a resident of 10 Albany County, Ed Wutzer. 11 THE PRESIDENT: Question occurs 12 on the confirmation of the nominee. All those 13 in favor say aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 The ayes have it. The nominee is 18 confirmed, Edmund B. Wutzer of Loudonville, a 19 member of the state Commission on Corrections. 20 Congratulations. 21 THE SECRETARY: Member of the 22 state Board of Parole Maria R. Buchanan, of 23 Staten Island; S. Earl Eichelberger, of 8250 1 Guilderland; Israel Gonzalez, of Rochester; 2 George S. King of Clifton Park; Julian P. Rose, 3 of Armonk, and Anthony K. Umina, of Delmar. 4 THE PRESIDENT: Question occurs 5 -- Senator Mendez. 6 SENATOR MENDEZ: Mr. President, I 7 really want to move the renomination of Carmen 8 Buchanan and Mr. Gonzalez for the Parole Board. 9 Carmen Buchanan has been serving in the Parole 10 Board since 1981. She's done an outstanding job 11 and she will keep doing that once all of us make 12 certain through our votes that she's confirmed. 13 Mr. Gonzalez has been serving 14 just for a while, but he has an extensive career 15 in -- in -- in criminal justice and he is 16 understandable of the problems and the tasks to 17 be done in the Parole Board, so I move also his 18 nomination. 19 Thank you. 20 THE PRESIDENT: Senator Nolan. 21 SENATOR NOLAN: Like to second 22 the nomination of the -- of the people who were 23 just nominated and particularly like to 8251 1 congratulate S. Earl Eichelberger, Anthony 2 Umina, who are residents of Albany County, and 3 George King, who is almost a resident of Albany 4 County, in Clifton Park, and who used to be a 5 resident of Albany County and who is a long 6 time friend. 7 Certainly a great honor, locally 8 here to have three such distinguished citizens 9 of the Capital District to be named as members 10 of the state Board of Parole, and I'm very happy 11 to second their nominations. 12 THE PRESIDENT: Senator 13 Oppenheimer. 14 SENATOR OPPENHEIMER: Well, I 15 only have one person that I would single out. I 16 don't have three from my area, but I think my 17 one has probably more years in the field than 18 perhaps any other three, and I'm speaking of 19 Julian Rose, who comes from Armonk which is in 20 my new area, and for him I think about 37, maybe 21 38 years have been spent in the field of parole 22 work, and I think that certainly shows the 23 dedication to the field. I note also that we 8252 1 have master's from the same alma mater, Columbia 2 University, and I wish you well in the 3 continuation of the work that you've been doing 4 so well for these many years. 5 I second your nomination. 6 THE PRESIDENT: The question 7 occurs on the confirmation of the nominees. All 8 those in favor, say aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response. ) 12 The ayes have it. The nominees 13 are confirmed. Congratulations to the members 14 of the state Board of Parole. 15 THE SECRETARY: Member of the 16 Public Employment Relations Board, Pauline 17 Kinsella, of Niskayuna. 18 THE PRESIDENT: Senator Farley. 19 SENATOR FARLEY: Thank you, Mr. 20 President. 21 It's with a great deal of 22 pleasure that I nominate Pauline Kinsella of 23 Niskayuna, my constituent and friend. Pauline 8253 1 is truly a remarkable person, a distinguished 2 lawyer, mother of five children, graduate of 3 Brown University and Boston University School of 4 Law, member of the Massachusetts bar, New York 5 bar, also U. S. District Courts and the U. S. 6 Court of Appeals. 7 Pauline serves as a member of the 8 -- this is a reappointment -- a member of the 9 Public Employees Relations Board which is so 10 terribly important to so many members of this 11 chamber. She's done an outstanding job. She is 12 also married to a very fine lawyer by the name 13 of Donald Kinsella, who is also a good friend 14 and has had a distinguished career in the legal 15 profession. 16 Pauline is truly "wonder woman" 17 and totally impressed the Finance Committee, and 18 I apologize for not being there but I had a bill 19 on the floor that was due to expire also, but 20 it's with pleasure that I move the nomination of 21 Pauline Kinsella. 22 THE PRESIDENT: Question occurs 23 on the confirmation of the nominee. All those 8254 1 in favor, say aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response. ) 5 The ayes have it. The nominee is 6 confirmed. Congratulations to Pauline Kinsella, 7 of Niskayuna, as a reappointment as a member of 8 the Public Employment Relations Board. 9 (Applause) 10 THE SECRETARY: Member of the 11 Advisory Council on Agriculture, Frances M. 12 Moore, of Malone, and Charles E. Wille, of 13 Montgomery. 14 THE PRESIDENT: Question occurs 15 on the confirmations of the nominees. All those 16 in favor, say aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response.) 20 The ayes have it. The nominees 21 are confirmed. 22 THE SECRETARY: Member of the New 23 York Job Development Authority, Jeffrey M. 8255 1 Bernbach, of Scarsdale, and William E. Towne, of 2 Gloversville. 3 THE PRESIDENT: Question occurs 4 on the confirmation of the nominees. All those 5 in favor, say aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response.) 9 The ayes have it. The nominees 10 are confirmed. 11 THE SECRETARY: Member of the 12 Dormitory Authority, Laura Bongiovanni, of 13 Syracuse, and William D. Hassett, Jr., of New 14 York City. 15 THE PRESIDENT: Question occurs 16 on the confirmation of the nominees. All those 17 in favor say aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response.) 21 The ayes have it. The nominees 22 are confirmed. 23 THE SECRETARY: Member of the 8256 1 state Council on the Arts: Lo-Yi Chan, of New 2 York City; Ruth W. Houghton, of New York City; 3 Peggy L. Kerr, Esq., of New York City; Richard 4 W. McGrath, of Rochester; Judith O. Rubin, of 5 New York City; Hale Smith, of Freeport. 6 THE PRESIDENT: Question occurs 7 on the confirmation of the nominees. All those 8 in favor, say aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response. ) 12 The ayes have it. The nominees 13 are confirmed. 14 THE SECRETARY: Member of the 15 Port Authority of New York and New Jersey, James 16 G. Hellmuth, of Lawrence; George D. O'Neill, of 17 Oyster Bay; Melvin Schweitzer, Esq., of 18 Manhattan. 19 SENATOR LACK: Mr. President. 20 THE PRESIDENT: Senator Lack. 21 SENATOR LACK: Yeah, Mr. 22 President. I rise briefly to second the 23 nomination of Melvin Schweitzer as a member of 8257 1 the Port Authority of New York and New Jersey. 2 Mel Schweitzer, who was here earlier this 3 evening, is a 25-year standing friend of mine. 4 We graduated from law school together. I went 5 on to the Senate; he went on to become one of 6 the senior partners of the law firm of Rogers & 7 Wells in Manhattan. 8 He has distinguished himself as a 9 very well known bond counsel for the last 20-odd 10 years. He is currently underwriter's counsel 11 for all negotiated sales of bonds and notes for 12 the city of New York. He has served in the same 13 capacity for the cities of Buffalo and Yonkers 14 in New York State. He has worked on financing 15 of airports, toll roads, resource recovery 16 facilities, colleges, universities, student 17 loans, health facilities, economic development 18 projects and a whole host of others, not only in 19 the United States but indeed around the world. 20 He is an outstanding and more 21 than qualified appointee, and I congratulate the 22 governor for appointing him to the Port 23 Authority of the states of New York and New 8258 1 Jersey. He, in that fiduciary responsibility as 2 a member of the board, will be able to have 3 complete understanding of the matters that, and 4 the very weighty matters that come before the 5 Port Authority. 6 I wish Mel a lot of luck in a 7 position that pays him no compensation, but for 8 which he is very aptly serving all the people of 9 the state of New York. 10 I move the nomination, Mr. 11 President. 12 THE PRESIDENT: Question occurs 13 on the confirmation of the nominees. All those 14 in favor, say aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The ayes have it. The nominees 19 are confirmed. 20 THE SECRETARY: Member of the New 21 York State Thruway Authority, Nancy E. Carey, of 22 Albany, and William C. Warren III, of 23 Pittsford. 8259 1 THE PRESIDENT: Question occurs 2 on the confirmation of the nominees. All those 3 in favor, say aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Senator Nolan. 6 SENATOR NOLAN: Yes, just like to 7 -- I don't see Nancy up there, but I'd like to 8 congratulate the Governor on naming Nancy Carey, 9 daughter of our former distinguished Governor 10 Hugh Carey, as a member of the New York State 11 Thruway Authority. 12 She certainly is an outstanding 13 person. She, I know, will do a great job in 14 helping run that and give direction to that 15 august body; so it's with a great deal of 16 pleasure that I move the nomination of Nancy E. 17 Carey. 18 THE PRESIDENT: Senator 19 Nozzolio. 20 SENATOR NOZZOLIO: Thank you, Mr. 21 President. 22 Mr. President, my colleagues, I 23 rise to second the nomination of William Warren 8260 1 as member of the Thruway Authority. Mr. Warren, 2 from the Rochester area, has been a stellar 3 contributor to the issues of transportation 4 across New York. He has served as a president 5 of the Monroe County Automobile Association, as 6 a director of Genesee/Finger Lakes Highway Users 7 Council, has been a director of the statewide 8 AAA. He has been very active in the community. 9 I'm confident that he will 10 provide a tremendous input to the newly revised 11 and renovated Thruway Authority. 12 Thank you, Mr. President. 13 THE PRESIDENT: Question occurs 14 on the confirmation of the nominees. All those 15 in favor will say aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response. ) 19 The ayes have it. The nominees 20 are confirmed. 21 THE SECRETARY: Member of the 22 State Racing Commission, Robert W. Lee, of 23 Gansevoort. 8261 1 THE PRESIDENT: Wait, we have a 2 comment on this one. We are going to go through 3 all the rest of the nominees and anyone who 4 wishes to speak on any of them can at the end of 5 the list. 6 THE SECRETARY: Member of the 7 Long Island State Park Recreation and Historic 8 Preservation Commission, Edward P. Kane, of 9 Rockville Centre; 10 Member of the State Board for 11 Historic Preservation, Mary B. Hotaling, of 12 Saranac Lake; 13 Member of the Industrial Board of 14 Appeals, Miguel A. Gonzalez, of Brooklyn; 15 Member of the Board of Trustees 16 of the State University of New York, Richard A. 17 Berman, of Rye; 18 Member of the New York State 19 Hospital Review and Planning Council, Deborah E. 20 Bell, of New York City; Pamela S. Brier, of New 21 York City; Robert L. Popper, of Armonk; Anthony 22 Tartaglia, M.D., of Delmar, Melvin H. Worth, 23 Jr., M.D., of Staten Island; 8262 1 Member of the New York State 2 Employment Relations Board, George C. Sinnott, 3 of Baldwin; 4 Member of the New York State 5 Olympic Regional Development Authority, Edwin H. 6 Weibrecht, of Lake Placid and William C. 7 Ughetta, of Corning; 8 Trustee of the Power Authority of 9 the state of New York, Linda P. Duch, of 10 Williamsville; Thomas R. Frey, of Rochester, and 11 Robert Waldbauer, of Patchogue; 12 Member and chairman of the Empire 13 State Plaza Art Commission, Barnabas McHenry, of 14 New York City; 15 Member of the Empire State Plaza 16 Art Commission, Jonathan Dale Farkas, of New 17 York City; 18 Member of the Adirondack Park 19 Agency, Richard Lefebvre, of Caroga Lake; John 20 K. Ryder, of Diamond Point; Barbara Sweet, of 21 Newcomb; 22 Banking member of the State 23 Banking Board, Gonzalo De Las Heras, of New York 8263 1 City; Salvatore Marranca, of Little Valley; 2 New York State Public 3 Transportation Safety Board, Walter George Rich, 4 of Cooperstown; 5 Member of the New York State 6 Housing Finance Agency, Jerome M. Becker, Esq., 7 of New York City; 8 Director of the state of New York 9 Mortgage Agency, Jerome M. Becker, of New York 10 City; 11 Member, Ogdensburg Bridge and 12 Port Authority, Frederick J. Carter, of 13 Ogdensburg; William R. Greene, of Waddington, 14 and Patrick E. Hackett, Sr., of Ogdensburg; 15 Member of the Board of Visitors 16 of the Binghamton Psychiatric Centerr, Joseph G. 17 Slavik, of Endwell; 18 Member of the Board of Visitors 19 of the Bronx Children's Psychiatric Center, 20 Barbara C. May, of the Bronx; William Moore, of 21 the Bronx, and Harriet Parness, of the Bronx; 22 Member of the Board of Visitors 23 of the Capital District Psychiatric Center, 8264 1 Kenneth Bitter, of Glenmont; 2 Member of the Board of Visitors 3 of the Creedmoor Psychiatric Center, Joel A. 4 Miele, of Howard Beach; 5 Member of the Board of Visitors 6 of the Kingsboro Psychiatric Center, Maralyn 7 Lowenheim, of Brooklyn; 8 Member of the Board of Visitors 9 of the Kings Park Psychiatric Center, Harriet 10 Loshin, of Melville; 11 Member of the Board of Visitors 12 of the Manhattan Psychiatric Center, Orville N. 13 Greene, of New York City; 14 Member of the Board of Visitors 15 of the Mohawk Valley Psychiatric Center, 16 Josephine M. Alexander, of Whitesboro; 17 Member of the Board of Visitors 18 of the Queens Children's Psychiatric Center, 19 Hortensia R. Stoyan, of Bayside; 20 Member of the Board of Visitors 21 of the Richard H. Hutchings Psychiatric Center, 22 Nancy E. Kroot, of Cortland; 23 Member of the Board of Visitors 8265 1 of the Sagamore Children's Psychiatric Center, 2 Grace E. Clench, of Brentwood; 3 Member of the Board of Visitors 4 of the Bernard M. Fineson Developmental 5 Disabilities Services Office, Ben Hickman, of 6 Laurelton; 7 Member of the Board of Visitors 8 of the Bronx Developmental Disabilities Services 9 Office, Al Agovino, of the Bronx, and Rita J. 10 Haahn, of the Bronx; 11 Member of the Board of Visitors 12 of the Brooklyn Developmental Disabilities 13 Services Office, Ramon Raimundi, of Brooklyn; 14 Member of the Board of Visitors 15 of the Long Island Developmental Center at 16 Melville, James Stringfield, of North Babylon; 17 Member of the Board of Visitors 18 of the Manhattan Developmental Disabilities 19 Services Office, Dawn Marie Hazelhurst, of New 20 York City; 21 Member of the Board of Visitors 22 of the Monroe Developmental Disabilities 23 Services Office, Nelli Louise Mitchell, M.D., of 8266 1 Rochester; 2 Member of the Board of Visitors 3 of the Oswald D. Heck Developmental Disabilities 4 Services Office, Marshall G. Jones, Ph.D., of 5 Scotia; Linda S. Rippel, of Scotia; 6 Member of the Board of Visitors 7 of the Westchester Developmental Disabilities 8 Services Office, Thomas J. Scott, of Goldens 9 Bridge; 10 Public member of the Banking 11 Board, Lynn Hecht Schafran, Esq., of New York 12 City;. 13 Member of the Board of Visitors 14 of the New York Convention Center Operating 15 corporation, Gary K. Levi, of Port Washington; 16 Battery Park City Authority, 17 Herbert Bernette Evans, of Yonkers. 18 THE PRESIDENT: Senator Cook. 19 SENATOR COOK: Mr. President, 20 could not be a more ideal nominee for the state 21 Public Transportation Safety Board than Walter 22 Rich. Walter is a pretty unique individual 23 because at the time when people in this country 8267 1 were despairing of the future of railroads, 2 Walter indeed went in hands-on and got into the 3 railroad business, and is the only person I ever 4 knew or ever heard of who founded a railroad. 5 And indeed he has a very successful railroad, a 6 couple of them. 7 In 1971 he founded the Delaware 8 Otsego Railroad Corporation and in 1981 he 9 founded a subsidiary, the New York, Susquehanna 10 and Western Railway. The New York, Susquehanna 11 and Western actually operated the Delaware and 12 Hudson Railway under emergency orders from the 13 Interstate Commerce Commission for about 18 14 months. 15 So Walter had quite a 16 responsibility even in this community at that 17 time until that property was sold to the 18 Canadian Pacific. 19 He is a member and past chairman 20 of the Eastern General Managers' Association, 21 where he worked to improve rail safety, 22 organizing numerous industry seminars on the 23 subject. In 1972, he was named by 8268 1 Transportation Commissioner Parker to a 2 committee to re-evaluate the Public Service Law 3 as it applied to railroads. 4 He and his wife Karen and their 5 two children, Stephanie and Derrick, reside at 6 One Lake Street, Cooperstown. Unfortunately, 7 Senator Seward took that part of the district 8 from me a few years ago so they're no longer my 9 direct constituents, but they are people whom 10 I've known, both Walter and his parents, for a 11 good number of years. 12 Very pleased that the Riches are 13 with us today, and that I'm able to be here to 14 be a part of the appointment of what I think is 15 a very, very well qualified individual to this 16 board. 17 THE PRESIDENT: Senator Present. 18 SENATOR PRESENT: May I interrupt 19 this proceeding and announce that there will be 20 an immediate meeting of the Rules Committee in 21 Room 332. 22 THE PRESIDENT: Immediate meeting 23 of the rules Committee. 8269 1 SENATOR STAFFORD: Mr. President. 2 THE PRESIDENT: Senator 3 Stafford. 4 SENATOR STAFFORD: Senator Cook 5 stood up before me, and he said it much better 6 than I can say it, so I'll just second what's 7 been said so well, but I would just like to 8 emphasize that Walter Rich kept the New York - 9 excuse me, I was going to say New York Central, 10 Walter -- kept the D. & H. going for over a year 11 when it was going to be shut down, which would 12 have been a complete disaster for our paper 13 mills and for many other services including - 14 including AMTRAK, and I believe I'm correct here 15 and Walter can correct me afterward, but he 16 really got his interest in railroads when he was 17 working here in the Legislature. That was a 18 long time ago, and then he became, you know, 19 very, very successful and, as has been stated, 20 there could be no better appointment, and I 21 would mention that and point out that Walter and 22 Karen are sitting over at the right in the 23 chamber. 8270 1 SENATOR SEWARD: Mr. President. 2 THE PRESIDENT: Senator Seward. 3 SENATOR SEWARD: Both Senators 4 Cook and Stafford have spoken very well on the 5 nominee, but I also would be remiss if I did not 6 stand and also second the nomination of Walter 7 Rich as a member of the New York Public 8 Transportation Safety Board. 9 As had been stated, Walter has 10 been involved in railroad and transportation 11 issues literally his entire adult life, as has 12 been stated, starting a railroad and building it 13 into one of the premier short line railroad 14 systems in New York and indeed the United 15 States, the Delaware Otsego corporation, which 16 is based in Cooperstown in my Senate District. 17 He not only is a successful 18 businessman but has a great love of railroading 19 and transportation issues, and I know that he 20 will make an outstanding contribution as a 21 member of the State Public Transportation Safety 22 Board. 23 And I'm pleased to rise and 8271 1 second his nomination. And I would ask, Mr. 2 President, that you offer the congratulations of 3 the house at the appropriate time. 4 THE PRESIDENT: Senator 5 Stachowski. 6 (There was no response. ) 7 Senator Stachowski. 8 SENATOR STACHOWSKI: Mr. 9 President, actually, I have a question for 10 Senator Stafford because he's the chairman of 11 Finance, on the appointment of Mr. Lee for the 12 State Racing and Wagering Commission, and maybe 13 -- can we do this real quick? 14 If you would yield for a 15 question, and my question has got nothing to do 16 with the appointee, Mr. Lee. I'm aware that the 17 appointee is a resident of Saratoga County, and 18 his Senator told me he is a wonderful man, and I 19 understand he is a Majority Leader's 20 appointment, and the other interesting part of 21 that was that Senator Bruno informed me that he 22 is a Democrat, I think, which just shows you the 23 openness of the Majority Leader. 8272 1 But my question is the process 2 through which the New York State Racing and 3 Wagering Commission would come to the Finance 4 Committee is that where the nomination comes 5 direct? Because I know a lot of other 6 nominations go to a committee first and then 7 come to the Finance Committee. I know that 8 racing bills in the Senate are dealt with first 9 with the Racing Task Force which is made up only 10 of Majority members, which for an inquiry that's 11 so important to the state of New York you would 12 think that there would be some Minority members, 13 since a large number of us are not only 14 interested in racing but also have tracks in 15 their area. 16 So my question to Senator 17 Stafford is - 18 SENATOR LIBOUS: Mr. President. 19 May I have a point of order? 20 THE PRESIDENT: If Senator 21 Stachowski will suspend for a moment. 22 Senator Libous will state his 23 point of order. 8273 1 SENATOR LIBOUS: Is there not a 2 nomination on the floor at the present time? 3 THE PRESIDENT: There are a 4 number of nominations on the floor. The Chair 5 stated at the outset of those nominations that 6 we would allow nominating speeches, seconding 7 speeches and discussions, at the end of reading 8 all of those nominees. I tried, frankly, to 9 recognize people if I had an idea they were 10 speaking on one nominee, but I don't always 11 know. 12 And so now I'm following the 13 order in which people asked for recognition. 14 SENATOR LIBOUS: Thank you, Mr. 15 President. 16 SENATOR STACHOWSKI: Actually, I 17 would have been finished already with the 18 question and Senator Stafford knew what the 19 question was, just so you know. 20 So the question is how do we get 21 these nominations, and hopefully some day since 22 there is such an interest and since it is such 23 an important industry that we would either make 8274 1 the task force bipartisan or we would put horse 2 racing issues back in some committee, because 3 the Assembly considers it important enough that 4 they have a committee process still, and I know 5 that Rules sees the bill and technically that 6 qualifies it, but could you just tell me how the 7 appointments now come when we have a nomination? 8 Because I know how the bills come. 9 SENATOR STAFFORD: They come the 10 way the bills come. I mentioned before that I 11 certainly will continue to talk with you on the 12 subject. It's a point very well taken. You 13 have been very patient. You mentioned this two 14 to three to four years ago. I would suggest 15 that we sit down, we get a meeting, and do what 16 we can. 17 But it is a good appointment; 18 and, of course, this is the way it has been 19 done, and as I have always said, I'm open for 20 discussion. 21 THE PRESIDENT: Senator 22 Dollinger, did you want recognition? 23 SENATOR DOLLINGER: If other 8275 1 speakers would like to address the nominee that 2 Senator Seward and Senator Cook moved, I will 3 waive to them. I assume that's what Senator 4 Libous had risen to. 5 THE PRESIDENT: Any other Senator 6 wish to speak? 7 Senator Nozzolio. 8 SENATOR NOZZOLIO: Thank you, Mr. 9 President. I rise to echo the sentiments of 10 Senator Cook, Senator Stafford, and Senator 11 Seward in support of my good friend of over 20 12 years, Walter Rich. Walter, as has been stated, 13 is an entrepreneur in the field of 14 transportation that means jobs to New York State 15 throughout our history, and he has added to that 16 legacy. 17 I have been honored to work with 18 Walter in Washington when I served as counsel to 19 the committee that wrote transportation and 20 railroad law, in my capacity as ranking member 21 for six years of the New York State Assembly 22 Committee on Transportation, and now to see his 23 nomination as I serve in the Senate. 8276 1 His nomination is a very, very 2 good one, and one that I'm sure all New Yorkers 3 will be very proud. 4 Thank you, Mr. President. 5 THE PRESIDENT: Senator Libous. 6 SENATOR LIBOUS: Thank you, Mr. 7 President. 8 Mr. President, I too would like 9 to rise to second the nomination of Walter Rich 10 to the Transportation Safety Board. I have had 11 the pleasure and privilege of working with 12 Walter for the past couple years. I think he 13 brings a great dimension to this board. Not 14 only is he a very successful business person, 15 but he also cares a lot about this state and 16 cares about his community. 17 He is always working to promote 18 economic development, and he is always promoting 19 the betterment of New York State. 20 So, Mr. President, it is a great 21 pleasure and honor for me to second his 22 nomination this evening. 23 THE PRESIDENT: Is there any 8277 1 other Senator that wishes to speak with regard 2 to Mr. Rich? 3 (There was no response. ) 4 Then I will recognize Senator 5 Dollinger. 6 SENATOR DOLLINGER: Mr. 7 President, I just rise -- it turns out there's a 8 bevy of nominees from my Senate District, and I 9 would just like to address them all in sequence. 10 First of all, I was remiss by not 11 being here to praise Israel Gonzalez, who has 12 been reappointed to the state Parole Board. 13 Israel did wonderful work in his capacity as 14 Director of the Youth Department in the county 15 of Monroe. When I was a member of the county 16 legislature, I had the privilege of working with 17 him on a number of issues involving youth, and I 18 think he brings an interesting perspective of 19 the young person and the young adult to the 20 state Parole Board. 21 Richard W. McGrath, who has been 22 nominated for a position on the State Council on 23 the Arts. I also know Richard McGrath. He is 8278 1 the former and I believe and still the president 2 of the Bucket Dance Theatre, internationally 3 acclaimed, from Rochester, New York. I think 4 he'll bring a new and exiting perspective to the 5 State Council on the Arts. 6 Next gentleman, who has been 7 nominated to the New York State Thruway 8 authority is also a friend of mine, someone I 9 have known for about 30 years, and that's 10 William C. Warren III. Bill and I had a parting 11 of the ways when we went different ways. Bill, 12 as most of my colleagues on the other side of 13 the aisle know, is a good and loyal Republican, 14 a former member of the Brighton Town Board, an 15 entrepreneur, a businessman, currently I believe 16 the treasurer of the Monroe County Republican 17 Party, but a very good man with a very good 18 sense of what to do in construction and in the 19 business field, and I think he will be a welcome 20 addition to the New York State Thruway 21 Authority. 22 The next gentleman on the list is 23 also a friend of mine, a name who comes to this 8279 1 Legislature with other credentials. That's 2 Thomas R. Frey, a former member of the New York 3 State Assembly, a member of the Board of Regents 4 and, most recently, the Monroe County 5 Executive. I think Tom will be a very welcome 6 addition to the New York State Power Authority. 7 And the last person on the list 8 is the member of the Board of Visitors of the 9 Rochester Psychiatric Center, a reappointment of 10 Nelli Louise Mitchell, M.D. Although I don't 11 know her personally, I have received several 12 letters commending her for her past service. 13 And I enthusiastically endorse 14 all of these nominees, Mr. President, and hope 15 that my colleagues will concur. 16 Thank you. 17 THE PRESIDENT: Senator 18 Markowitz. 19 SENATOR MARKOWITZ: Thank you, 20 Mr. President. 21 I'm very proud among all of the 22 nominees today to speak for Maralyn Lowenheim, 23 who I have known for most of my adult life. 8280 1 Professionally, personally, communitywise, she 2 is superb, a well qualified CSW and a therapist 3 extraordinaire. 4 She is certainly one of the 5 leaders in her field, a resident of the Fisk 6 Terrace community of Brooklyn. She has served 7 all of these years on the Kingsboro Psychiatric 8 Center Board of Visitors. She does so with love 9 and compassion for those who are mentally 10 retarded and who need help so desperately from 11 this state institution. 12 And I commend her for her 13 desiring to continue to serve the people of New 14 York. 15 THE PRESIDENT: Senator Wright. 16 SENATOR WRIGHT: Mr. President, I 17 rise in support of the nomination of the three 18 reappointments to the Ogdensburg Bridge and Port 19 Authority, Frederick J. Carter, William R. 20 Greene, and Patrick Hackett. These three 21 individuals are being reappointed, currently 22 serving as members of the Bridge and Port 23 Authority, and it is this Authority that has 8281 1 helped revitalize the economy of the North 2 Country in the Ogdensburg area and oversees not 3 only the bridge, port, rail and airport 4 facilities in that area but also the expanding 5 and growing industrial park. 6 And I'm particularly pleased that 7 the three nominees are representative of the 8 diversity that we have on that board. Mr. 9 Carter being a recognized leader in local labor, 10 Mr. Greene being a locally elected public 11 official and Mr. Hackett being a very successful 12 private businessman. 13 Thank you, Mr. President. 14 THE PRESIDENT: The question 15 occurs on the confirmation of the nominees. 16 All those in favor, say aye. 17 (Response of "Aye.") 18 Opposed, nay. 19 (There was no response. ) 20 The ayes have it. The nominees 21 are confirmed. Congratulations to all of these 22 nominees and especially to Walter Rich of 23 Cooperstown as a member of the New York State 8282 1 Public Transportation Safety Board. 2 (Applause) 3 The Chair only said especially 4 because Walter Rich is here. If there is 5 anybody else here, I apologize. 6 Senator Bruno. 7 SENATOR BRUNO: Mr. President, 8 can we take up Calendar 1584 at this time? 9 THE PRESIDENT: Secretary will 10 read. It's on page 27. 11 THE SECRETARY: On page 27 of 12 today's regular calendar, Calendar Number 1584, 13 by Senator Larkin, Senate Bill Number 6129, Real 14 Property Tax Law, in relation to the assessment 15 of special franchises. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 58. 23 THE PRESIDENT: The bill is 8283 1 passed. 2 SENATOR LEVY: Mr. President. 3 THE PRESIDENT: Senator Levy. 4 SENATOR LEVY: Yes, Mr. 5 President. I was out of the chamber when we 6 took up the confirmation of the nomination of 7 Walter Rich, and very, very briefly I would like 8 to be heard on this important nomination of the 9 Governor. 10 I want to congratulate the 11 Governor on the nomination of Walter Rich. The 12 Transportation Safety Board has really played a 13 vital role in this state, and I think that the 14 work of the board will be immeasurably advanced 15 by having on that board a successful business 16 man, a railroad person, like Walter Rich. 17 This is really important because 18 Walter Rich would not be a successful 19 businessman and railroad person unless he ran 20 his railroad safely and his employees operated 21 safely. That's why he is a successful 22 businessman, and I think that this board which 23 does so much important work will move forward 8284 1 immeasurably with Walter Rich's special 2 knowledge, his special expertise, his special 3 experience. 4 And he is a vital addition to 5 this board and its future work, and I 6 congratulate the Governor on the appointment, 7 and Walter. 8 SENATOR SPANO: Mr. President. 9 THE PRESIDENT: Senator Spano. 10 SENATOR SPANO: I'd like 11 unanimous consent to be recorded in the negative 12 on Calendar 1669. 13 THE PRESIDENT: Without 14 objection, so ordered. 15 Senator Bruno. 16 SENATOR BRUNO: Mr. President, 17 return to reports of standing committees. 18 THE PRESIDENT: Secretary will 19 read. 20 THE SECRETARY: Senator Marchi, 21 and Senator Stafford, on behalf of the Committee 22 on Judiciary, report the nomination of 23 Christopher John Mega as a judge of the Court of 8285 1 Claims. 2 THE PRESIDENT: Senator Cook. 3 SENATOR COOK: Mr. President, 4 could we have some order, please. 5 THE PRESIDENT: There will be 6 order in the chamber. 7 SENATOR COOK: Mr. President, 8 it's never easy to say farewell to a friend, but 9 I will not blemish this occasion by dwelling on 10 the negatives because this is a happy occasion. 11 It's a happy day for Chris Mega and for Madelyn, 12 for their family, because it crowns a 13 magnificent career of public service with a 14 fitting tribute to Chris' ability. 15 It's a happy day for the state of 16 New York because it places on the bench a fine 17 and dedicated person of great intelligence and 18 talent. 19 It's a happy day for the Senate 20 because one of our own is being recognized for 21 the great competence that he has demonstrated so 22 often and so well during his time in our midst. 23 Stating Chris' qualifications in 8286 1 this chamber is somewhat like introducing 2 someone to his own brother, but I think it is 3 appropriate that some of those facts from his 4 resume be spread upon the record of the house. 5 Chris is one of that minority of 6 people who have lived his entire life in the 7 community where he was born, a son of whom 8 Brooklyn can be justly proud. 9 He married Madelyn Friscia, a 10 neighbor in the community, and they have been 11 blessed with one of those marriages which has 12 carried out all of the dreams and expectations 13 is of those initial first vows. 14 His commitment and identity with 15 strong family life has been a motivation and a 16 result of the ideal family relationship with 17 their children, Chris and Jeff, Valerie and 18 Jackie. 19 Chris' sense of personal 20 discipline and commitment to duty was reflected 21 in his Army service from 1953 to 1955. 22 Graduated from St. Francis college in 1950, 23 Brooklyn Law School in 1953, was admitted to the 8287 1 bar in 1955. 2 Chris has had a varied law 3 career, first as an insurance claims 4 investigator and claims manager and later in 5 private law practice. 6 All of us can attest to Chris' 7 distinguished service in the Senate since 1978 8 as can many of us who remember his fine 9 reputation even as he came here as a freshman in 10 the Assembly in 1974. He has served with 11 distinction as the chairman of the Committees on 12 Veteran Affairs, Ethics, and Crime and 13 Corrections, but he really hit his stride since 14 becoming chairman of the Judiciary Committee in 15 1990. More than once, he has been complimented 16 on this floor and off this floor for the 17 exceptional manner in which he has discharged 18 his duties as chairman of that committee. 19 In one sense, it's unfortunate 20 that Chris will be hearing primarily civil 21 cases, because that position will not fully take 22 advantage of his great attributes of compassion, 23 of caring, and a deep sense of justice. But we 8288 1 will have the knowledge that there is being 2 placed on the civil bench a judge of unwavering 3 integrity and deep intellectual honesty. 4 Mr. President, it is my proud 5 honor to move the confirmation to the Court of 6 Claims of my close friend, confidante and 7 counselor, the already very Honorable 8 Christopher J. Mega. 9 THE PRESIDENT: Senator Waldon. 10 SENATOR WALDON: Thank you very 11 much, Mr. President. 12 So many years ago when I was in 13 the Assembly, we had occasion to have a 14 discussion in the conference room of the 15 Assembly on some issues dealing with probation, 16 parole and correctional services. That was the 17 first time that I personally met Chris Mega. 18 Those who were of a more liberal 19 persuasion were very distressed at some of the 20 things that Chris said during his presentation, 21 and afterwards they tried to persuade me to be 22 confrontational with Chris Mega. But I had 23 realized that even though a neophyte in terms of 8289 1 politics in these august halls that you don't 2 criticize a colleague simply because he may have 3 a different political philosophy on a particular 4 issue than yourself. 5 But from that moment on, through 6 the years in the Assembly and my years here in 7 the Senate, I have learned to respect Chris Mega 8 for a whole host of reasons. I have learned to 9 admire him for a whole host of reasons. 10 One, he is extremely honest. He 11 is a man of conviction and he speaks his mind, 12 not that all of us don't do that. I'm sure we 13 do, but I just happen to notice it more about 14 Chris than some others. 15 He is a person who you can work 16 well with. He has a good temperament for what I 17 believe the judiciary mandates and requires. 18 So I applaud him in his success. 19 I'm very happy for him. I applaud his family. 20 I applauded the process that would allow one of 21 us to emerge to be a jurist on the Court of 22 Claims. 23 I wish him well. I know he is 8290 1 going to do one heck of a job. 2 Thank you very much, Mr. 3 President. 4 THE PRESIDENT: Senator Saland. 5 SENATOR SALAND: Thank you, Mr. 6 President. 7 Mr. President, this is a somewhat 8 bittersweet moment for those of us who know and 9 bear great affection for Chris and for his 10 family. I have known Chris, oh, probably for 11 some ten or eleven years now. We've been sort 12 of regular breakfast buddies along with Senator 13 Cook, and I have to tell you that he's an 14 extraordinary human being. 15 At times I find myself telling 16 Chris that his demeanor, the real Chris is 17 somewhat belied by that guy from Brooklyn 18 character. He is actually one of the most 19 gentle and considerate and empathetic people 20 that I've ever had the good fortune of knowing. 21 But when I came to this house, I 22 got to see a dimension of Chris that as a 23 breakfast buddy and as an Assemblyman I really 8291 1 didn'thave the opportunity to actually come to 2 know, and that was the kind of respect that he 3 earned as the chairman of the Judiciary 4 Committee, the ability he had to cut to the 5 heart of issues, the ability that he had to 6 basically, through the very nature and force of 7 his character, to get to the quick and get there 8 in an appropriate fashion. 9 Chris is not the kind of guy who 10 is big on window dressing or B.S. He is the kind 11 of guy who is truly by every stretch of the 12 imagination a very fine and extraordinarily 13 capable individual, a man who is judicious by 14 his very nature. 15 I think we will be very, very 16 fortunate to have Chris, Senator Mega, make that 17 transformation from this chamber to the bench. 18 I will miss his cameraderie, his friendship. I 19 will miss his intellect. I will miss his advice 20 and counsel. Notwithstanding that, I'm happy 21 for him; I'm happy for Madelyn. It's something 22 I know he's yearned for, for quite some time. 23 It's something that he's earned in every sense 8292 1 of the word, and I think the quality of justice 2 in this state much like the quality of 3 legislation in our chamber will be enhanced by 4 his going to the bench. 5 Chris, God bless. I wish for you 6 and Madelyn whatever it is that I would wish for 7 myself and my wife. 8 THE PRESIDENT: Senator Marino. 9 SENATOR MARINO: Mr. President, I 10 am just delighted this evening to see my friend, 11 Chris Mega, acquire a judgeship which he has 12 sought for many years. Not only has he sought 13 it but his wife I think even more so to try to 14 get him home in Brooklyn. 15 And I just hope that he is going 16 to enjoy his new vocation. That he is going to 17 be a great Court of Claims judge, I'm sure of 18 that. There is no question about his ability as 19 an attorney and as a person with judicial 20 temperament. 21 I personally am going to miss 22 Chris, because he is one of my closest friends 23 in this chamber and I miss his kidding around 8293 1 with me, his sense of humor. He has a great 2 sense of humor, as we all know. 3 He's been not only a talented 4 Senator who has done a terrific job as chairman 5 of Judiciary on behalf of the people of this 6 state, but an excellent lawyer who has proven 7 his ability as an attorney not only in his 8 private practice but up here in Albany with the 9 very difficult and technical work he has done as 10 chairman of Judiciary. 11 Chris Mega has been totally loyal 12 to me as Majority Leader, and I thank him for 13 that loyalty. It's been well received, and I 14 haven't had that always from all corners of this 15 room. I respect loyalty. I respect Chris 16 Mega. I hope that his ascending the bench 17 doesn't mean we're not going to see as much of 18 him. I hope that I personally will be afforded 19 the opportunity to meet with he and Madelyn and 20 the family quite often and that this choice is a 21 good choice, Chris; that it's something you are 22 going to be happy about and that you and Madelyn 23 and the rest of the family will enjoy many years 8294 1 of good health, and we wish you well. 2 THE PRESIDENT: Senator 3 Markowitz. 4 SENATOR MARKOWITZ: Thank you 5 very much, Mr. President. 6 During the height of the 7 popularity of Ronald Reagan and to a lesser 8 degree George Bush, if you ask the people of 9 Brooklyn who their favorite Republican was, it 10 was neither of those two. It was Christopher 11 Mega. 12 I'm proud to -- really proud, 13 happy for him, because so many of us in Brooklyn 14 sought Chris Mega's advice as a senior member of 15 the Republican Majority who truly was concerned 16 about Brooklyn present and future. Chris Mega 17 was always there, always there, to listen to 18 you. Never ran away from you. Always had time. 19 And for all those reasons, plus 20 the fact that he is one of the few straight 21 shooters. He calls them as he sees them, and 22 all of us know that about him that know him. We 23 know the kind of person he is. He calls it as 8295 1 he sees it. We may agree with him at times. We 2 may disagree at other times, but we know he is 3 honest all the time. 4 And I know, as I've told Chris 5 over and over again, he is going to be one of 6 the best judges we have, fair, sensitive and 7 balanced. 8 And I wish him and his family 9 well. We in Brooklyn, even though he's a 10 Republican, if we got to have a Republican, we 11 can't have anyone better than Chris Mega. 12 THE PRESIDENT: Senator 13 Ohrenstein. 14 SENATOR OHRENSTEIN: Mr. 15 President, I'm very happy to rise in seconding 16 this nomination. Sometimes the best way to get 17 to know somebody is when you are his adversary, 18 and I remember the first time I met Chris Mega. 19 It was on a television program, where I was 20 representing the Democrats and Chris Mega was 21 representing the Republicans. I think he was 22 still in the Assembly at that time, and we had a 23 pretty rough and tumble debate, but it was a 8296 1 very good debate, and it was a debate which was 2 laced with warmth and friendship, and with a 3 great deal of intelligence, at least on his 4 part. I don't know about my part. 5 But having worked with Chris over 6 the years, having watched him go from greater to 7 greater, greater responsibilities in this 8 chamber and discharging all of those 9 responsibilities with the utmost of fairness - 10 I'm sorry, Chris. I kept looking 11 over here. I didn't realize you were over there 12 (indicating the V.I.P. Chair section). I didn't 13 know that things move with such fantastic speed 14 in this chamber. We haven't been used to such 15 speedy progression. So you are creating a new 16 standard for speed in this chamber. 17 It has been wonderful to watch 18 Chris Mega rise from responsibility to 19 responsibility and to rise in importance in this 20 chamber because every assignment he has had, he 21 has discharged with excellence, he has 22 discharged with great fairness, regardless of 23 the underlying -- whatever the underlying 8297 1 partisan politics were, there was also always in 2 his mind the question of what is good public 3 policy, what is fairness to the people 4 involved. And if those are not the best 5 criterion for someone who is going to ascend to 6 the bench, I don't know what they are. 7 So I believe that Chris is going 8 to be an intelligent lawyer as a judge, an 9 informed judge, and he is going to be a fair 10 judge. He is going to understand that people 11 who come before him have personal problems that 12 need some personal decisions as well as 13 decisions which may be correct or not correct 14 under the law. 15 So I think the Governor's 16 nomination does this chamber great credit, and 17 it certainly validates and rewards a great 18 political career. I'm sorry to see you go, but 19 I'm happy to vote for you. 20 THE PRESIDENT: Senator Gold. 21 SENATOR GOLD: Thank you, Mr. 22 President. First of all, as everybody in this 23 chamber knows, it's about time. I think we all 8298 1 waited for this moment. 2 Senator Mega, I wanted to just 3 get it right tonight. It was important, so I 4 went to the dictionary. I wanted to get the 5 words right. I figured I'd better get the book 6 because you'd never believe it. 7 Because I said, Well, what's a 8 good word? Compassion. I opened it up, and 9 there's your picture right in the book. Right 10 next to "compassion", the example of compassion, 11 Chris Mega. 12 I said he is a fine man, and I 13 opened the book. Right next to the word "fine", 14 Chris Mega. 15 I figured it had to end, but no, 16 right next to "gentleman", Chris Mega. 17 "Humane", Chris Mega. 18 I said this guy is going to be 19 some judge. I want to tell you. 20 I am unashamed when I tell you I 21 love this man. Chris, you are terrific. You 22 said we shouldn't make you cry. I'm going to 23 cry. I fell for you and your family. I have 8299 1 seen you as a legislator. I have never seen 2 anybody better than you at chairing a committee, 3 and certainly nothing is more sensitive than the 4 Judiciary Committee. We've had some meetings 5 like the one we had about a week or so ago. 6 People's lives are at stake. It's difficult. 7 You don't know what to do, and you create an 8 atmosphere which gave those people an 9 opportunity to at least have it out, have their 10 say, and in more than one way you saved lives. 11 You have the most beautiful, 12 quiet dignity of any person. You are a great 13 legislator, but what is more important is you 14 are just a greater human being. 15 I'm going to miss you 16 tremendously, and I am just so excited for you 17 and your family. I wish you everything you wish 18 for yourself and everything I could wish for my 19 family. God bless you, Chris. 20 THE PRESIDENT: Senator Goodman. 21 SENATOR GOODMAN: Mr. President. 22 Gives one a surge of special pleasure to cast 23 our gaze over in the direction of the clock 8300 1 tonight to see not only Chris but his beautiful 2 and gracious wife, Madelyn, with him. I have 3 seen her on occasion when she is called upon to 4 sing the Star Spangled Banner at festive 5 occasions in the borough of Kings, and the two 6 of them make an absolutely unique couple. 7 I think one of my lasting 8 impressions of Chris will be my visits to his 9 office when he unfailingly escorts me to ever 10 newer and ever larger enlargements of the 11 pictures of his grandchildren. The pride and 12 joy which he reflects in introducing them and 13 reintroducing them each time I visit him is just 14 an indication of the man. 15 He is truly a family man in the 16 best sense of the word, deeply humanitarian, 17 deeply caring and, at times, very forceful. I 18 can illustrate that by the fact that one of 19 Chris' favorite greetings is to come up, at 20 least in my case, and give me a rather hard 21 punch on the arm, above the right bicep. I used 22 to think this was charming, but that evening I 23 would look in the mirror as I was preparing to 8301 1 go to bed and see a rather heavy bruise, and I 2 would be reminded of the glorious outpouring of 3 affection with which Chris expressed himself. 4 You know, this is a collegial 5 body, and we work under enormous pressure as 6 reflected by this evening, and because it's 7 late, I'll make this quite brief, except to say 8 to you, my colleagues, that we are bound 9 together by something that is simply 10 unimaginable to people outside of this process. 11 And so when one of us is called 12 to a higher calling in the view of some, you 13 really get a kind of an odd feeling in the pit 14 of your stomach, because you don't want to let 15 go of the ties that truly bind. But when I stop 16 to think for a moment the job that Chris is 17 ascending to, namely, that of the equivalent 18 really, of a Supreme Court judge, which the 19 bench he goes to is in every sense of the word, 20 the responsibilities are immense; and, often, 21 this is the only contact which the citizen has 22 with the immense churning wheels of the 23 bureaucracy and the government. 8302 1 And it's only if we can produce 2 people like Chris Mega with compassion, 3 sensitivity and a real understanding of human 4 nature that this court system which can be so 5 faceless and cruel and yet so compassionate and 6 understanding is molded. 7 So, Chris, the combination of 8 feelings runs very deep. We will miss you 9 enormously, but we will take great rejoicing in 10 the fact that you'll be doing things for people 11 in your inimitable way in a slightly different 12 setting. 13 My wish for you is that those 14 beautiful black robes will be as comfortable for 15 you as the lovely red, white and blue star 16 spangled necktie you are wearing this evening. 17 Good luck, Chris. 18 THE PRESIDENT: Senator Libous. 19 SENATOR LIBOUS: Thank you, Mr. 20 President. There's going to be many things that 21 have been said and many people will say more 22 about Chris Mega, but I'm only going to relate a 23 very brief personal story and a personal 8303 1 observation. 2 When I first came to the Senate 3 five years ago, there was a piece of legislation 4 that I felt that I needed very badly. And 5 within our conference, I was beat up quite 6 badly, and many of my colleagues said, "You 7 don't want to put that bill out. You don't 8 really need that. Don't worry about it, and let 9 it go." 10 I really need the bill, and it 11 hurt inside. And after the conference was over, 12 Chris Mega came up to me and he pulled me aside, 13 and he said, "Tommy, don't listen to any of 14 those guys. You do what you feel is right. If 15 you feel that this is what you have to do, just 16 do it." 17 And I think that's the kind of 18 judge that Chris Mega is going to be when he is 19 on the bench. He is going to make the right 20 decision. 21 I also talk about a personal 22 observation. Just the other night in this 23 chamber, we had a very tough debate on a piece 8304 1 of legislation that deals with the USTA. And 2 while many of us said that we made our mind up 3 before the debate took place, whether we were 4 for or against it, Chris Mega stood up and he 5 stated that he made his decision after he 6 carefully listened for two and a half hours on 7 both sides of the issue. That's the kind of 8 individual that we need on the bench, and that's 9 the kind of jurist that Chris Mega will be. 10 But, Chris, the one thing that 11 I'm going to miss most about you is when you 12 stand up and you button that button, and you 13 give us that shot in the arm, and then you look 14 at us and you say, "I love you." 15 Chris, we love you, and we'll 16 miss you. 17 THE PRESIDENT: Senator Galiber. 18 SENATOR GALIBER: Thank you, Mr. 19 President. So many correct things have been 20 said about my good friend, Chris Mega, that some 21 I will repeat. 22 Senator Markowitz mentioned about 23 being a good Republican. I have known Chris so 8305 1 very long that on 149th Street and Third Avenue, 2 when we were asked who was a favorite Democrat, 3 Chris Mega's name was mentioned. That shows you 4 how long I have known this very fine, decent 5 human being. 6 Chris, you are probably among the 7 few persons left that represent what this 8 chamber has been to most of us for so many 9 years. You have been just a delight to be part 10 of a system that has held most of us in good 11 stead. You are certainly a caring person and 12 someone who loves people, and you have a unique 13 ability with your abundance of love to share 14 that love with your colleagues and your family, 15 and you are close to family. 16 I mentioned in the Judiciary 17 meeting about that grandson of yours who had a 18 desire to be a Senator and a pilot and a judge, 19 and I said then and I say again, because it's 20 worth repeating, that at least he has two of 21 them now. 22 I'm going to miss you because you 23 have a certain amount of temperament and 8306 1 understanding for people and patience. And it 2 didn't make any difference which side of the 3 aisle you are from. It's nice like from time to 4 time when things get a little bit heated and you 5 look around and in some instances you don't have 6 many friends, and Chris always found his way 7 whether it be Senator Libous on your first bill 8 or some debate that we've had that got a little 9 heated, and he will come along and nudge you a 10 little bit and just say, "Everything is going to 11 be okay." 12 So I'm going to miss you, and I'm 13 happy for your family, and I know that you will 14 make an excellent judge because you are an 15 excellent human being. We have all watched you 16 through the years, your fairness with people, 17 the ability not to say no or yes, or certainly 18 not to say "No" where people's lives are 19 involved and to be fair and just, and that's all 20 we really are about. And you exemplify that. 21 And there is a rumor going around 22 that you could have had this judgeship two or 23 three years ago, but your leader, Senator 8307 1 Marino, just wouldn't put the approval on it 2 because he wanted to keep you here because you 3 meant so much to the leadership and you meant so 4 much to this body. 5 I don't know why, in all 6 seriousness, the Governor has taken so long to 7 make this appointment. I'm just happy that he 8 finally got around to the business of doing it. 9 We will miss you. I have certainly been more 10 than rewarded by your friendship through the 11 years, and I certainly will miss you. 12 And God bless you and your 13 family. 14 THE PRESIDENT: Senator Nolan. 15 SENATOR NOLAN: Thank you, Mr. 16 President. 17 The night is late, Chris, so I 18 will be very brief, but I'm truly very, very 19 happy for you and your family. You are 20 certainly a terrific person, terrific human 21 being, and I know you will do a tremendous job 22 as a judge. 23 And I must say that I really 8308 1 appreciate the Governor's appointment, because 2 you are just one of those people that one meets 3 in life that is really a very caring, decent, 4 nice, smart person. 5 So good luck and God bless. 6 Semper fidelis. 7 THE PRESIDENT: Senator Volker. 8 SENATOR VOLKER: Mr. President, 9 I, too, will try to be brief. 10 As somebody who served not only 11 in the Senate with Chris but also in the 12 Assembly, I guess I can speak about one of the 13 differences between the Senate and the Assembly 14 is that we have the privilege here and the 15 enjoyment of making these kinds of 16 confirmations,, but I can't say, Chris, from my 17 perspective that this is the most enjoyable 18 thing that I've done. 19 For you, it certainly is, because 20 I know that you have wanted to be able to be a 21 judge, and I understand that. As a lawyer, it 22 is certainly the type of thing, I think, that 23 many people think is the epitome of their 8309 1 career. And for you, Chris, personally I think 2 that you have been one of the finest Senators 3 that this body has seen since I've been here. 4 You and I have worked together in 5 criminal justice for so many years. Although 6 you moved to Judiciary some years ago, you 7 continued to keep the strong interest in 8 criminal justice, and you and I worked so hard 9 together in the area of financing and so many of 10 the areas that are so important in a criminal 11 justice area. 12 I'm happy for you. And, of 13 course, I'm happy for your wife and family. I 14 can only say to you that you have always been a 15 good friend to me and a good friend to so many 16 people in this body. 17 And in behalf of myself and my 18 family, let me say to you Godspeed, and I know 19 you are going to be one of the greatest judges 20 that this state has ever seen. 21 THE PRESIDENT: Senator Leichter. 22 SENATOR LEICHTER: Yes, Mr. 23 President. I guess after the ordeal we've been 8310 1 through these ten days, people will do anything 2 to get out of here. 3 Chris, I know you've looked 4 forward to this judgeship, and it's really most 5 deserved. And you are the sort of person that 6 whatever you want I want for you, and I know 7 this whole chamber does. We've served together 8 in the Assembly. We've served obviously 9 together in the Senate. 10 But I had also the very rare 11 privilege and opportunity of being the ranking 12 member while you were the chairman of the 13 Judiciary Committee, and I can just tell you I'm 14 really going to miss you. You are exceptionally 15 fair. And when one looks at your life and what 16 you have achieved, it really shows that somebody 17 who believes in doing the right thing can 18 accomplish and can achieve and can gain 19 recognition which is deserved. 20 You know, in a society where we 21 often seem to value the people who take the 22 shortcut, it's wonderful to see somebody win 23 because they've taken the right and the straight 8311 1 road. 2 You are a sweet person. I 3 remember after one debate, you came over and you 4 handed me a stuffed toy. It was a turkey. You 5 said, "Here it is, Leichter." Well, I still 6 have it. I prize it because it came from a 7 friend, and you'll always be a friend. 8 THE PRESIDENT: Senator Maltese. 9 SENATOR MALTESE: Mr. President. 10 I have known Chris in many different capacities 11 and we recollect with fondness especially his 12 membership in the old "F Troop" in the Assembly, 13 and he was kind of the youngster of the crowd, 14 but following in very good footsteps. 15 Watching his career as a friend 16 and now a colleague, I've had a great deal of 17 pride in him and his accomplishments. Like my 18 colleagues here, I will share his pride, his 19 understandable justifiable pride in his 20 children, his grandchildren. He is a great 21 family man. 22 I know that so much of this has 23 been said before and with special reference to 8312 1 his compassion and sensitivity. I would like to 2 emulate Senator Libous and just say a brief word 3 about something that just happened a day or two 4 ago, where in the exercise of his good judgment 5 he voted against a position that I was espousing 6 on the floor having to do with tennis. And 7 after casting that vote, the following morning, 8 I received a confidential communication, which 9 you will see was not confidential, which 10 contained a beautiful engrossed certificate with 11 an apple and a certificate of commendation 12 ostensibly signed by our good mayor, together 13 with a letter. And I must admit I was halfway 14 through the letter which was filled with phrases 15 of, you know," game, "set" and "match", and "We 16 hit one over the net," and so on, when I 17 realized that it had to be a joke. But the last 18 lines I think were telling something about the 19 fact, "We really creamed the opposition, and it 20 was a piece of cake," and enclosed was an 21 absolutely scrumptious banana cream pie, and it, 22 of course, was all Chris' handowork, and I think 23 bespeaks his character, the type of person he 8313 1 is, reaching out at all times with sensitivity 2 as has been said. 3 He'll make a great judge. He is 4 a great friend, a good friend, a family man, 5 somebody that I will be very sorry to lose here 6 as a colleague, but hope to keep forever as my 7 good friend. 8 THE PRESIDENT: Excuse me. I 9 lost my list. Senator Tully. 10 SENATOR TULLY: Thank you, Mr. 11 President. 12 Chris, with all of the accolades 13 being justly accorded you this evening, I'm not 14 really sure if you should have been confirmed or 15 canonized. 16 I have been privileged to serve 17 with you on the Crime and Corrections Committee 18 and on the Judiciary Committee, and I think the 19 way in which you conducted the Judiciary 20 Committee is symptomatic of the way you are in 21 real life. You're prompt; you're fair; you're 22 efficient. I don't think I've ever heard 23 anybody say a bad word about you. 8314 1 Some of the members may not be 2 aware of the fact that you are held in pretty 3 high regard by the executive, as well, because 4 as I understand it he came here tonight into the 5 chamber and he personally delivered the 6 nomination to you. I can't recall that ever 7 happening before, but it's a tribute to you as a 8 man, as an individual, as a Senator and as a 9 future jurist. 10 I know on paper you have all the 11 credentials that someone would need to have to 12 become a jurist. But I think you possess 13 something that's much more important, and that's 14 judicial temperament. 15 We have an expression here in the 16 Senate, some of us at least, with respect to 17 loyalty when we say someone has their hand in 18 the fire. Chris Mega has always had his hand in 19 the fire. Chris Mega has a lot of friends. A 20 long time ago, they made a movie about some 21 boxer. I think it was Rocky Graziano. They 22 said somebody up there likes me. I think in 23 your case everybody down here not only likes 8315 1 you, they love you. We're going to miss you. 2 We wish you and Madelyn Godspeed 3 and all the best in the future. 4 THE PRESIDENT: Senator Halperin. 5 SENATOR HALPERIN: Mr. 6 President. As I have been listening to each of 7 my colleagues speak about our mutual colleague, 8 Chris Mega, I have become progressively more 9 upset. And the reason for that is I thought we 10 had a special relationship. Now I find out that 11 everyone on this floor thinks you are a 12 wonderful guy. I just thought there was 13 something special going on between you and I, 14 but you are just a wonderful person to 15 everybody, and I find that very upsetting. 16 But there's one way that I find, 17 after having listened to a number of my 18 colleagues, that you treated me differently. 19 You didn't punch me in the arm. You always got 20 me in the ribs, and I don't know why. Maybe as 21 a fellow Brooklynite you felt I could take it 22 better, but I was always very wary when I saw 23 you coming along; but, nevertheless, I will miss 8316 1 you. 2 And I guess the best way to 3 describe you so far as this confirmation is you 4 are sort of a judge waiting to happen. You 5 couldn't just fit the bill any better than you 6 do. I was looking through the dictionary. 7 Manny did not look up the word "perspective" 8 because had he, he would have seen your picture 9 next to that, too, because you put everything in 10 life in perspective. 11 And probably along with your 12 demeanor, which will be very important to 13 someone who's ascending to the bench, there is 14 probably nothing more important for a judge to 15 be able to do than to put things into 16 perspective and to understand not only the 17 letter of the law but the reality of life and 18 how the law should apply to it. And I know that 19 you have that ability and that you will apply 20 that ability in the most judicious of manners. 21 And so I wish you the best of 22 luck. And of all the confirmations that I have 23 ever voted for, I've never felt more confident 8317 1 than in this one and good luck to you, and do 2 Brooklyn proud. 3 THE PRESIDENT: Senator Solomon. 4 SENATOR SOLOMON: Thank you, Mr. 5 President. First of all, of course on behalf of 6 all my colleagues in this chamber, both past and 7 present, we all want to wish you, Senator Mega, 8 well. 9 I probably have a different 10 experience with Senator Mega. Our districts 11 have abutted each other as long as we've both 12 been in office, and through reapportionment he 13 keeps coming a little further east, further 14 east, further east, and he kept taking a few 15 blocks, but we've always worked together, and 16 the difference has been is when we got back into 17 Brooklyn, whether it be over a homeless shelter 18 that was actually in a church in Bensonhurst or 19 with Catholic Guardians, all the elected 20 officials worked together. There was no 21 political competition for accolades. The only 22 thing we tried to do was to get the job done, 23 and whether it was Senator Mega or Senator 8318 1 Solomon or an Assemblyman or a Councilman, the 2 only objective was to do what was right for our 3 constituents, and I think Senator Mega had a 4 leading role in leading us in that direction, in 5 basically saying, "We're going to get this 6 done. We're not going to see who can get the 7 headlines. We're just going to get the job 8 done. And if we have to beat up on the City or 9 the state or whoever, we'll do it. We'll do it 10 as one, and no one is going to take the credit. 11 We'll all take equal credit." 12 And I think that is something I'm 13 going to miss. The other thing I'll miss is 14 the occasional car rides because it always 15 seemed that Chris had the car and I never had 16 the car and we were going in the same direction. 17 When we discuss items in groups and what not and 18 find out, I guess, the reason he kept taking 19 part of the area I represented in 20 reapportionment was that we apparently both 21 represented in a lot of ways the same political 22 philosophy from the same neighborhood. And I'm 23 really going to miss Chris Mega because he was 8319 1 always there when we had these odd problems, and 2 he was always a calming force and the leader of 3 the group of the local legislators when we had 4 to deal with the various city, state and federal 5 agencies in some instances, to solve these 6 problems. 7 And I'll miss you, and I've just 8 got to say that he's done a tremendous job in 9 the district in addition to what he's done up 10 here. 11 Thank you. 12 THE PRESIDENT: Senator Farley. 13 SENATOR FARLEY: Thank you, Mr. 14 President. 15 Chris, you are a dear friend and 16 we're truly going to miss you, and all these 17 lovely things that are being said about Senator 18 Mega, I want you to know that he's a devoted 19 husband and an astute shopper. It was just on 20 Christmas Eve or the 23rd when we were breaking 21 here once a few years back, and we were all 22 rushing out to go to dinner together and Chris 23 had to go shopping, and he went down to a 8320 1 jewelry store that was going out of business 2 here in Albany to buy Madelyn some pearls and 3 some earrings, and he said, "Do you take VISA 4 and MasterCard?" And they said, "Yes." 5 He said, "I'd like to see some 6 pearls." They pulled out the pearls. He asked, 7 "How much is that?" They said, "Eight-fifty." 8 He said, "Do you have something a 9 little better?" They pulled out another set. 10 "How much is that?" 11 "Eighteen seventy-five." 12 He said, "I'll take that, and 13 could I see some earrings." They showed some 14 little diamond earrings, and he said, "How much 15 are the earrings?" They said, "Eight hundred 16 fifty dollars." 17 He said, Well, I'll skip the 18 earrings and just take the pearls," and he 19 pulled out a $20 bill and tried to pay for 18... 20 (Laughter) 21 That's a true story, Chris. 22 (Laughter) 23 We're going to miss you. The 8321 1 other night when the call came in about his 2 confirmation, this young fellow really wanted to 3 be a judge. He was so excited he couldn't dial 4 the phone. I had to dial the phone for him. 5 He is going to be a remarkable 6 judge, and I think that was exemplified by the 7 way that he ran the Judiciary Committee. And 8 every member of that committee I think would 9 attest to that. 10 What a great guy. And, you know, 11 he's an old drill sergeant, too. That's why he 12 goes around and punches people, I think. 13 But, Chris, we do love you. 14 We're going to miss you. But nobody is going to 15 miss you as much as Charlie Cook, his roommate 16 for so many, many years. And, Charlie, I know 17 -- you're going to have to become his clerk or 18 something. 19 We wish you the very best and 20 we're very happy for you. 21 THE PRESIDENT: Senator Levy. 22 SENATOR LEVY: Mr. President, I 23 think it was Steve Saland who said that this is 8322 1 a bittersweet occasion for all of us. I don't 2 think that any of us in this chamber could be 3 happier for Chris and for Madelyn if we were his 4 brothers, his sisters, members of his family, 5 and for all of us who know him, he really looks 6 on us as members of his family. 7 Senator after Senator has spoken 8 about Chris' extraordinary ability and his 9 unique character traits. I'm sure that each of 10 us could rise and talk about one of Chris' 11 traits. But what I think about is that 12 indomitable determination. When you think about 13 the district that Chris had, not under the 14 latest reapportionment but the district before 15 that. If he wasn't indomitable and determined, 16 no one could have overcome the political 17 difficulties that Chris did, and part of his 18 character and his attitude is not that the glass 19 is half full. His attitude is always that the 20 glass is 99 percent full with that positive 21 attitude. That's his hallmark and his 22 tradition, and his legacy as Senator and as a 23 legislator. 8323 1 I know that as a judge he is 2 going to be stern when sternness is required. 3 He is going to be compassionate when compassion 4 is merited. He will deal with the guilty justly 5 and fairly. And probably even more importantly, 6 there will be no judge that has ever sat on the 7 bench or will ever sit in the future that will 8 more zealously protect the innocent and their 9 rights. 10 We're sad, Chris, you are not 11 going to be with us. We love you. We miss you, 12 and this chamber is never really going to be the 13 same for each of us, because when we turn around 14 and we look over there (indicating the Senator's 15 chair), Chris Mega is not here. 16 All the best. 17 THE PRESIDENT: Senator Skelos. 18 SENATOR SKELOS: Thank you, Mr. 19 President. Senator Goodman has been punched in 20 the arm and Senator Halperin in the ribs. With 21 me it's right here in the thigh where I have 22 taken the shots. In fact, one day when I was 23 perhaps carrying on a little bit more than I 8324 1 should have been in conference, all of a sudden 2 Mega's next to me, gives me one of those. I go, 3 "What's that?" He said, "I learned that in the 4 Marines. Take it easy and put life in 5 perspective." 6 Now, that shot, one day I gave it 7 to my son when he was acting up a little bit, 8 and he said, "What is that, Dad?" And I said, 9 "That's a Mega shot." Show you're famous in 10 the eyes of my son in terms of if he acts up a 11 little bit I said, "Watch out for Mega; it's 12 coming," and he quiets down. 13 When I came into the chambers, I 14 went over and congratulated Madelyn, and she 15 said to me, "I hope Chris is happy with the 16 decision." I guarantee you that Chris is happy 17 with the decision because there is nothing he 18 has wanted more, Madelyn, in the last couple 19 years. And, in fact, he sacrificed himself to 20 make sure that we maintain the Majority, which 21 is very important to him in this house, and 22 really put aside getting that judgeship for a 23 couple of years. But he wants to be a judge. 8325 1 He wants to be home with you. Because I have 2 never heard a person express their love for a 3 wife and for the family as much as he does, 4 especially this time of year when perhaps our 5 nights are long and the days that we spend here 6 are long. 7 This is the type of perspective 8 he will bring as a judge of the Court of 9 Claims. Chris and I, to an extent, our careers 10 paralleled each other from 1982, when we had the 11 misfortune of not being elected, myself elected, 12 Chris reelected, to the Senate. I remember 13 talking to him, and he said, "Dean, keep your 14 life in perspective. You have your law 15 practice. You have your family. You have your 16 health. Go on and you'll fight the future 17 fight." And in 1984, keeping that in 18 perspective, we were both successful. 19 But it's the perspective part, 20 Chris, that I'm always going to remember with 21 you, as a friend and as a colleague, and I think 22 -- I know that Donny has mentioned it, and 23 that's what we're going to miss here. 8326 1 We're going to miss those few 2 words that all of a sudden we snap back and 3 think and say, "You know, we're really not 4 necessarily -- we are important in our jobs, but 5 don't go too far." Keep your ego down, keep 6 your self-importance down. Represent your 7 people the best you can, and then go on and 8 fight the future fight if you're not successful. 9 But it's not that important to 10 win every single battle. So on behalf of Gail 11 and myself, we salute the two of you. We know 12 you are going to be a wonderful judge. And we 13 hope that you have all the health and happiness 14 that you both deserve. 15 God bless both of you. 16 THE PRESIDENT: Senator Mendez. 17 SENATOR MENDEZ: Mr. President, I 18 really feel very happen to join all my 19 colleagues in this great and very deserving show 20 of love and affection and admiration for one of 21 our colleagues. 22 I remember, I think it was about 23 the first two years, first term, my term, that 8327 1 there was a debate about a social issue that I 2 felt very strongly about. And Chris Mega, not 3 knowing my style, and when I feel very strongly 4 about something I come out -- I'm perceived as 5 coming out very forcibly. 6 After the debate, the session was 7 over. He came over very quietly to me, and he 8 said, well, what I meant in the debate is this, 9 that and the other thing. I don't remember the 10 issue at the time. What I do remember, however, 11 is his sensitivity, that he felt that he have 12 should come to me so I wouldn't be upset or 13 something or other. 14 So that when every year in my 15 county where we live we're dealing with 16 candidates for judgeships, usually we use one of 17 the words -- of the criteria is "judicial 18 temperament." 19 Well, Mr. President, if there is 20 somebody I believe, and my colleagues, as well, 21 I do believe, who really has the most 22 magnificent judicial temperament to be an 23 excellent, fair judge that one is Chris Mega. 8328 1 At the personal level, we all 2 admire him because he is a true family man. In 3 fact, I'm going to use a phrase that at times 4 people choose to look upon it with great 5 criticism. He really represents family values, 6 traditional family values, Mr. President. And 7 I, for one, and all of us here admire him more 8 for it. 9 He has a very strong inner 10 strength, a quiet one. His understanding of 11 people's follies, very realistic in his 12 appraisal of the relationship between reality 13 and justice. 14 So that we're going to miss you, 15 Chris, very, very much and it's very -- really 16 very endearing to see the impression that, 17 Chris, you are leaving among each one of us, 18 this outpouring of good wishes, this outpouring 19 of good feelings towards you, and it is really 20 very deserving. 21 We all, I also, of course, wish 22 you the best, and you will have more time, 23 hopefully, to enjoy more your wife and your 8329 1 grandchildren. So we'll miss you. Keep well, 2 and we are certain that you are going to be the 3 best possible judge that could ever be. 4 THE PRESIDENT: Senator 5 Stachowski. 6 SENATOR STACHOWSKI: Mr. 7 President. Pretty much everything has been 8 said, but I couldn't possibly let this 9 appointment go by without saying a few words. 10 I'm tickled that Chris is finally getting 11 something that he really wants, as all of us 12 feel so happy because when a friend gets 13 something they really want, it makes you feel so 14 good. 15 I have to say, though, that I 16 have to kind of give a warning to Ralph and 17 notice to the other lawyers in the Majority side 18 that the last couple of people that were in the 19 office next to mine in the corner of the fifth 20 floor have gone on to become judges. So if you 21 are anxious to do that, I advise you when Chris 22 moves out, you might want to move in. 23 Secondly, I would like to say 8330 1 that Chris has all the qualities, as you all 2 mentioned, that will make him just an 3 outstanding judge. I think the number one 4 quality, as always, his humanity because I think 5 his humanity is just -- it just oozes out of 6 him, and I think that is going to be the number 7 one quality that will make him a jurist that 8 will set him above most. 9 And I think, as far as I'm 10 concerned, one of the things that always struck 11 me about him was that he is so comfortable with 12 himself. And I think because he is, when you 13 sit and talk with him or you're in a group with 14 him, he makes you comfortable with yourself and 15 the whole group feel that way. And I think 16 sometimes here, when we're all worked up or 17 we're all feeling self-important or we're all 18 angry with each other, it's good to sit down 19 with Chris because he kind of loosens you right 20 up, and it always seems to work that way with 21 me, and I'm just glad I had that opportunity to 22 know him for that reason if nothing else. 23 And one last thing I'll mention, 8331 1 and I wouldn't even have thought of this but 2 Senator Goodman brought it up first, was that he 3 has that habit of hitting you in the arm. And I 4 think one thing that showed right away to me 5 that he'll be a great judge is that obviously he 6 showed great judgment in that he never hit me 7 hard enough to bruise me. 8 (Laughter) 9 THE PRESIDENT: Senator Padavan. 10 SENATOR PADAVAN: Thank you, Mr. 11 President. This must be a very glorious evening 12 for you, Senator Mega. I mean how many people 13 could have 60 colleagues talk about them in 14 glowing terms while they are still alive. There 15 is a fellow up there who is putting it on video, 16 is probably going to send you a copy, and you 17 can look at it on quiet evenings some time in 18 the future and remember what everyone here said 19 tonight. 20 Senator Mega has had to endure 21 many burdens in his political career, but I 22 imagine the one that was most sustained and over 23 the longest period of time was being identified 8332 1 as "one of those six Republican Senators from 2 the city of New York." And on those occasions 3 when we would have to get together to discuss an 4 issue, keeping in mind that five of the six were 5 Italian -- are Italian, those meetings would not 6 always be the most pleasant experiences. Chris 7 would remind us, however, as you have heard 8 here, it ain't over 'til it's over. Do the 9 right thing. And if he felt we were being 10 criticized unfairly, he would have more colorful 11 ways of describing his feelings, none of which I 12 can repeat here. 13 We will remember this session for 14 many, many reasons: Perhaps its length, the 15 fact that we were in session on the 4th of July, 16 some of the very difficult thorny issues we've 17 had to deal with. But the thing that I will 18 remember most about this session is the day a 19 good friend, a colleague, a beautiful human 20 being, went on to do something he really wanted 21 to do. 22 And for that reason, we're happy 23 for both of you. 8333 1 THE PRESIDENT: Senator 2 Stafford. 3 SENATOR STAFFORD: Mr. President, 4 this is one time when I can say I just second 5 everything that has been said. I can say it no 6 better. 7 I would point out, however, that 8 you have showed good judgment. You stayed with 9 a group of us in Albany. We're going to miss 10 you. Miss you there and miss you here. 11 As a matter of fact, Senator 12 Maltese, the people who sell the pies are really 13 concerned, because they also have quite a good 14 place to serve food. I wouldn't want to 15 advertise here. 16 I would make this point -- so 17 many fine points have been made about Chris this 18 evening -- but he is also joining a great group 19 of judges. We have seen them come through here 20 being confirmed, the type of individuals they 21 are -- two, I think, are here with us this 22 evening, two other close friends of mine and 23 Chris. He is going to do the type of work that 8334 1 they are doing. 2 And after it's all been said, 3 when Chris Mega with Crime and Corrections was 4 going out around the state deciding whether a 5 SHOCK incarceration program should begin or 6 whether -- it was pointed out so well by Senator 7 Gold the other -- about two weeks ago. Probably 8 as sensitive a situation as you could have in a 9 committee, and it was handled with such dignity, 10 courage and understanding. 11 And I know we all feel that if we 12 were ever in a situation and we needed a person 13 that we could depend upon, it would be Chris 14 Mega. It is Chris Mega, and we're going to be 15 able to depend upon him. He will be one of the 16 best judges we've ever had. 17 THE PRESIDENT: Senator Daly. 18 SENATOR DALY: What's left to 19 say? I guess, Chris, I've known you as long as 20 most people in this house. You and I joined the 21 Assembly at the same time back in -- I came a 22 little ahead of you. I beat you by about six 23 months and we became good friends over there 8335 1 with Charlie Cook and Guy Molinari, all the good 2 times we had. 3 Madelyn, let me tell you one 4 thing. One thing really stood out, the deep and 5 unshakeable love that Chris has for you. And 6 you can tell just talking with Chris when he 7 mentions you, and it was something to be admired 8 and envied. 9 I remember how often he told me, 10 "My goodness, she treats me like a king, 'Up, 11 King. Down, King. Not in the house, King.'" 12 (Laughter) 13 But you are a very lucky couple 14 and I know, Madelyn, how happy you are, really, 15 to have Chris home. You know, we're going to 16 miss him, but I guess really you deserve him 17 more than we did. 18 But, Chris, it's been a great 20 19 years -- 20 years, and I can't tell you how much 20 I appreciate you as a friend and admire you as a 21 person. I'm not being hyperbolic when I say 22 that you are a man of unusual character, great 23 integrity, and just so much love in you. The 8336 1 way you mention someone's name when you talk to 2 them, you can feel the affection. 3 I'm so happy for both of you. 4 Chris, you are getting to be a judge, and I know 5 how badly you wanted to become a judge. I also 6 know how much you are going to miss this place. 7 I know how much you are going to miss us, and I 8 want you to know how much we are going to miss 9 you. 10 The worst thing about 11 establishing these kinds of relations is that 12 you have a night like tonight, and we can look 13 ahead and see the void I'll feel and the sadness 14 I'll feel when I walk in this room and look at 15 that chair and you're not there. 16 God bless. 17 THE PRESIDENT: Senator LaValle. 18 SENATOR LAVALLE: Thank you, Mr. 19 President. Tonight really is a wonderful 20 evening for the institution of the Senate 21 because one of our members is moving on to 22 something that he both wants and has aspired to. 23 While we come from different 8337 1 parts of the state and have different points of 2 view, it is very interesting how we really are 3 an extended family. 4 When I mention family, I think 5 everyone knows how important family is to Chris, 6 his wife, his children. Go into his office, 7 grandchildren, enormous pictures. 8 Chris, just but a few short weeks 9 ago, you as chairman of your committee handled a 10 very delicate matter, and it was mentioned by 11 one of our colleagues. You handled it with a 12 great deal of finesse, professionalism, and I 13 think if there was ever a moment that showed you 14 had the temperament, the skill, the intellect, 15 to handle something, you demonstrated it at that 16 point in time. 17 You have been a wonderful member 18 of this chamber. You have contributed and 19 represented your district with great, great 20 distinction. What greater tribute can a member 21 receive when members of the opposition party say 22 what a wonderful job that you have done and 23 acclaimed by the people that you represent. 8338 1 Our conference obviously will 2 never be the same because you say what you mean 3 and you mean what you say. And we have always 4 respected you for your honesty and your candor. 5 It is really in great joy that all of us have 6 risen tonight to really wish you the very best 7 of luck, and we know you will make a wonderful 8 judge. 9 THE PRESIDENT: Senator Velella. 10 SENATOR VELELLA: Chris, it seems 11 almost impossible for me to believe that it's 12 almost 20 years since you came to the 13 Legislature when I was just a freshman 14 Assemblyman. You came two years after me in 15 1974, and there are not too many people that are 16 here now that remember that famous "F Troop" 17 that Senator Maltese alluded to, and that very 18 few probably didn't know that it was knowingly 19 Chris Mega who named the group. 20 See, we were a group of six or 21 seven Republican Assemblymen that used to meet 22 every Monday morning, and we would formulate 23 positions to give to our leadership about what 8339 1 we wanted as city issues. And unbelievably 2 every Monday morning all six or seven of us 3 would come up with 12 different positions for 4 the city of New York to be taking. Chris got up 5 one morning and said, "This is like being a 6 member of F Troop," and that name stuck. Every 7 day after that we all became affectionately 8 known as "F Troop". 9 But I also remember another night 10 similar to this, Chris, the night that Senator 11 Conklin announced that he was retiring from the 12 Senate, and we were over in the Fort Orange 13 Club. Perry Duryea was giving a party for the 14 Minority Assemblymen. 15 And he had a really tough 16 decision to make that night. He'd been 17 threatened with a primary, a tough election and 18 possibly not coming back to the Legislature at 19 all if he ran for the Senate, and then the 20 opportunity to have a very safe Assembly seat 21 that you could have run for without opposition. 22 And I know the agony you went through that night 23 trying to make that decision, and I know the 8340 1 feeling you have tonight is probably very much 2 similar to it, starting out a new career, 3 thinking about leaving the Legislature. All I 4 can tell you is you made the right decision that 5 night. You became a great Senator. You are 6 making the right decision tonight. You are 7 going to be an even greater judge. 8 Good luck. 9 THE PRESIDENT: Senator Lack. 10 SENATOR LACK: Chris, you know 11 when we came here together, Charlie, John Daly, 12 you, Mary Goodhue, Wally Floss and myself, I 13 first met you at the room lottery, and we all 14 picked for room and you lost; that is, you were 15 number 6, and you got the office suite without a 16 conference room, and we sort of all smiled and 17 you said, "That's okay. I will get back at you 18 all one of these days." 19 And, in fact, you have because I 20 don't think John or Charlie would mind my saying 21 of the six of us who came together, the nicest 22 one is leaving us tonight. And I know when I 23 first came here, and you will remember, a good 8341 1 political friend of ours in Smithtown took me 2 aside and said, "Look, you haven't run for 3 election before. You won. You are going up to 4 the Senate. It's a group of collegial people 5 and it's a club, and you should learn to get 6 along and follow my good friend Chris Mega from 7 Brooklyn." 8 I never much learned to follow 9 you. You certainly have my apologies for that. 10 I wish I had. You taught a very good lesson in 11 judicial temperament this week, as you well 12 know, when with a very difficult bill that was 13 before us with some judges throughout the state 14 complaining mightily, you showed a judicial 15 temperament by taking a couple of judges down 16 very well in their own courtroom and handling it 17 superbly, such that that bill can be reported 18 and passed this evening. 19 I know about three hours ago, you 20 were sitting in your chair and the room was 21 empty. I caught you looking around the room, 22 and I assume what you were doing was memorizing 23 that which was never finished here, memorizing 8342 1 the way it looks, thinking about the fifteen 2 years that you have served here with us in the 3 Senate and the memories that you are going to 4 take with you. 5 It's almost fitting that it's 6 almost twenty of 2:00 in the morning, and that's 7 one memory certainly of the Senate, and I want 8 you to know that like that television commercial 9 for the airline when that one poor reservation 10 clerk has to speak to all those people in a rain 11 storm late in the evening, that come next year 12 at this time there's going to be 60 Senators 13 placing a call at twenty of 2:00 in the morning 14 to you, and each one of us are going to spend 15 the whole night repeating this whole situation 16 to you so you don't feel that you have been left 17 out of our deliberations next year. 18 Good luck, Chris. 19 THE PRESIDENT: The question 20 occurs on the confirmation of the nominee. 21 Senator Marchi. 22 SENATOR MARCHI: When I came into 23 the chamber, Mr. President, I overheard Senator 8343 1 Markowitz saying who is the favorite Republican 2 in Kings County. I have to confess to a little 3 anxiety in Staten Island, because when that same 4 question was made in Staten Island with 5 disturbing regularity they would come back, 6 "Mega, of course." 7 Some 40 years ago, when I first 8 came here, the triad of committees, Rules, 9 Finance and Judiciary, withstood in the eyes of 10 people who had been there and telling war 11 stories about the Judiciary Committee, from as 12 far back as anyone could remember the mystique 13 that was always attached to the Judiciary 14 Committee and the importance which it had on the 15 functions of government in this state. And 16 certainly I believe anybody who has been here 17 any length of time will remember the different 18 individuals who have covered that 19 responsibility. They've all been uniquely good 20 and fine people, but I don't think anybody can 21 match the service that was given and the service 22 that was rendered by Chris Mega. 23 It was a very superlative quality 8344 1 about it that certainly elicited this wealth of 2 commentary from all of your colleagues, and as 3 Senator Padavan pointed out, this must certainly 4 be a big factor in your life as you look around 5 this chamber. 6 There is an old spiritual and 7 religious refrain which -- response which I 8 certainly remember very fondly and recited from 9 time to time. "It is right and just," and all 10 of these statements are being made because of 11 the great affection and the great esteem and 12 respect that they have for you, Chris, and they 13 are going to serve you in great and good stead 14 as you deliver your responsibilities in your 15 next assignment, and you are going to be that 16 judge that so many of us are saying, and you're 17 going to do that with this recollection. 18 I think you will remember this 19 moment, as will Madelyn, this very fine moment 20 that we all shared together in professing this 21 affection and respect that we have for you. 22 God bless you, Chris. 23 THE PRESIDENT: Senator Onorato. 8345 1 SENATOR ONORATO: Mr. President, 2 I rise to join my colleagues in paying a special 3 tribute to Senator Mega. I served with him for 4 ten years, and it's been one of the most 5 outstanding and pleasurable ten years that I've 6 had the opportunity of knowing Chris, and I 7 can't think of a better time, after being 8 sequestered in Albany for ten days, that we 9 should cap it off by having Chris join his 10 family and his grandchildren. He only has 11 three. He'll have time now to prompt them to 12 catch up to me with my five grandchildren so we 13 can continue comparing notes. 14 Again, I want to wish you the 15 very, very best, you and your family. 16 God bless you all. 17 THE PRESIDENT: Senator 18 Oppenheimer. 19 SENATOR OPPENHEIMER: Thank you, 20 Mr. President. We're here to talk about our 21 dear friend who is leaving for a position that 22 he has always wanted. I think I am the latest 23 and last person to have seen the famous Mega 8346 1 picture gallery. 2 On Monday morning, I was roaming 3 around trying to find some coffee and milk and, 4 of course, I wandered into Chris' office and got 5 treated to the display, the magnificent display 6 of photographs, with a story behind each 7 photograph, and that really tells us a great 8 deal about this man and about what's important 9 in his life, and his family is the paramount, 10 the most important thing in his life. 11 I think one other thing that I 12 particularly love about Chris is the twinkle in 13 his eye. He's got just this very delicious 14 twinkle which crops up whenever he is tweaking 15 one of us. 16 But I think the reason we all 17 believe he will make a great judge is because he 18 is a wonderful people person. He has such a 19 fondness for all of us. He makes each one of us 20 feel important, and he listens so attentively 21 when we speak. And also I think it's not just 22 that he listens to us, but I think one of the 23 reasons he will make a great judge is because he 8347 1 is intellectually honest, which is what we all 2 have been saying, and the other component of a 3 great judge is that he was compassionate, and I 4 think he consolidates all these into one very 5 extraordinary person. 6 I'm very happy for him. I'm 7 somewhat sad for us, but I know this is what he 8 wants to do, and I wish him much success in his 9 future, and we all will be missing him. 10 THE PRESIDENT: Senator Smith. 11 SENATOR SMITH: Thank you, Mr. 12 President. There is no way possible that I can 13 let this evening go by without adding my voice 14 to those of my colleagues. 15 In the five years that I have 16 been here, I have been blessed with the 17 friendship of Chris Mega, many times giving me 18 advice when very much needed, and I will always 19 think of his compassion and caring, and someone 20 from the other end of Brooklyn who has always 21 been there for someone on the other side of the 22 aisle. 23 It's rewarding to know that good 8348 1 things come to those who wait. Chris truly 2 deserves this opportunity. I know that he will 3 do well. 4 And to Chris and Madelyn, my very 5 best to you and may you be happy in all of your 6 endeavors, and I look forward to hearing great 7 things from you on the bench. 8 THE PRESIDENT: Senator Gonzalez. 9 SENATOR GONZALEZ: Thank you, Mr. 10 President. 11 I think that I also rise for - 12 to pay tribute to Chris Mega, who I know that 13 will, as what he wants as a judge. 14 But in my four years here, every 15 time I approach Chris Mega on any issue and he 16 handles it diligently and fairly. And, Chris, I 17 want you to know that as far as all of us here 18 that it's great that all my colleagues and us 19 pay tribute to you, but you did it the 20 old-fashioned way. You earned it, and I think 21 that you will be a great judge. 22 And God bless you and your 23 family. Thank you. 8349 1 ACTING PRESIDENT FARLEY: The 2 question occurs on the confirmation of the 3 nominee. 4 SENATOR GOLD: Party vote. 5 (Laughter. ) 6 ACTING PRESIDENT FARLEY: 7 Question occurs on the confirmation of the 8 nominee. All those in favor say aye. 9 (Response of "Aye.") 10 Those opposed nay. 11 (There was no response. ) 12 The ayes have it. The nominee is 13 confirmed. 14 (Whereupon, there was a standing 15 ovation. ) 16 SENATOR PADAVAN: Mr. President. 17 ACTING PRESIDENT FARLEY: Senator 18 Padavan. 19 SENATOR PADAVAN: May we return 20 to reports of standing committees, please. 21 ACTING PRESIDENT FARLEY: 22 Secretary will read. 23 THE SECRETARY: Senator Marino, 8350 1 from the Committee on Rules, reports the 2 following bills directly for third reading. 3 (Whereupon, there was a pause in 4 the proceedings. ) 5 Senator Marino, from the 6 Committee on Rules, reports the following bills 7 directly for third reading: 8 Senate Bill Number 925, by 9 Senator Skelos, General Municipal Law. 10 2146A, by Senator Goodman, 11 Education Law. 12 4427A, by Senator Kuhl, 13 Transportation Law. 14 5209C, by Senator Larkin, Real 15 Property Tax Law. 16 5287A, by Senators Mega and 17 others, General City Law. 18 5356A, by Senator Larkin, an act 19 to amend the Penal Law. 20 5815A, by Senator Nolan, Public 21 Authorities Law. 22 6119, by Senator Larkin, 23 authorizing the lease of certain facilities of 8351 1 the Middletown Psychiatric Center. 2 6173A, by the Committee on Rules, 3 providing for the development and modernization 4 of the major league sports facility. 5 6185, by Senator Larkin, amends a 6 chapter of the laws of 1993. 7 6192, Senate Budget Bill, amends 8 chapter 50 of the Laws of 1993, enacting the 9 State Operations Budget. 10 6199, by Senator Johnson, an act 11 to amend the Agriculture and Markets Law. 12 6200, by the Committee on Rules, 13 Civil Practice Law and Rules. 14 6203, by the Committee on Rules, 15 Environmental Conservation Law. 16 All bills reported directly for 17 third reading. 18 (Whereupon, Senator Farley was in 19 the chair. ) 20 ACTING PRESIDENT FARLEY: All 21 bills are reported directly to third reading. 22 SENATOR PADAVAN: Calendar 1655, 23 Mr. President. 8352 1 ACTING PRESIDENT FARLEY: 2 Calendar 1655. The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1655, by the Senate Committee on Rules, Senate 5 Bill Number 6193, granting access to certain 6 records maintained by the Division of Criminal 7 Justice Services. 8 ACTING PRESIDENT FARLEY: Senator 9 Padavan. 10 SENATOR PADAVAN: Mr. President, 11 is there a message? 12 ACTING PRESIDENT FARLEY: There 13 is. 14 SENATOR PADAVAN: Move we accept 15 it. 16 ACTING PRESIDENT FARLEY: All 17 those in favor of accepting the message, say 18 aye. 19 (Response of "Aye.") 20 Those opposed, nay. 21 (There was no response. ) 22 The message is accepted. 23 Read the last section. 8353 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 56, nays 2, 6 Senators Bruno and Farley recorded in the 7 negative. 8 ACTING PRESIDENT FARLEY: Senator 9 Nolan is also in the negative. 10 SENATOR PADAVAN: Is there a 11 message? 12 ACTING PRESIDENT FARLEY: There 13 is. 14 SENATOR PADAVAN: Move we accept 15 the message. 16 ACTING PRESIDENT FARLEY: All in 17 favor of accepting the message? It's received 18 and accepted. 19 THE SECRETARY: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 (The Secretary called the roll. ) 8354 1 THE SECRETARY: Ayes 56, nays 2, 2 Senators Bruno and Farley recorded in the 3 negative. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 SENATOR PADAVAN: On the regular 7 calendar, we'll go back to 1255. 8 ACTING PRESIDENT FARLEY: 9 Secretary will read. 10 THE SECRETARY: There's a message 11 here also; I'm sorry. 12 THE SECRETARY: Calendar Number 13 1255, by Senator Holland, Senate Bill Number - 14 ACTING PRESIDENT FARLEY: There's 15 a message I think. 16 SENATOR PADAVAN: Yes, I move to 17 accept the message. 18 ACTING PRESIDENT FARLEY: It's a 19 little noisy; I didn't hear it. All in favor of 20 accepting the message, say aye. 21 (Response of "Aye.") 22 Those opposed, nay. The message 23 is accepted. 8355 1 Could we lay it aside for a 2 second, Senator Padavan? There is a sub that is 3 coming in momentarily. 4 SENATOR PADAVAN: I was waiting. 5 O.K. We'll lay that aside for the moment. 6 SENATOR PATAKI: Mr. President. 7 ACTING PRESIDENT FARLEY: Senator 8 Pataki. 9 SENATOR PATAKI: I would request 10 unanimous consent to be recorded in the negative 11 on Calendar 1669. 12 ACTING PRESIDENT FARLEY: 1669, 13 Senator Pataki is in the negative. 14 SENATOR PADAVAN: Mr. President, 15 may we go to 1661, please. 16 ACTING PRESIDENT FARLEY: 1661, 17 Secretary will read. That's on the second 18 supplemental calendar. 19 ACTING PRESIDENT FARLEY: 20 Supplemental Calendar Number 2. 21 THE SECRETARY: Supplemental 22 Calendar Number 2, Senate Bill 1661, substituted 23 earlier, by member of the Assembly Koppell, 8356 1 Assembly Bill 6168-A, Alcoholic Beverage Control 2 Law. 3 SENATOR STACHOWSKI: Explanation. 4 ACTING PRESIDENT FARLEY: Senator 5 Velella. 6 SENATOR VELELLA: This bill will 7 allow the State Liquor Authority to consider 8 additional factors before granting licenses to 9 -- to bars and saloons that sell liquor. It 10 will allow the SLA to consider such factors such 11 as the number and types of licenses nearby and 12 in proximity to any other licensed premises, the 13 effect the license will have on traffic, parking 14 and noise, the history of liquor violations and 15 reported criminal activity at the proposed 16 premises, whether all state and local licenses 17 and permits have been granted and other relevant 18 statutory factors or rules or regulations of the 19 Authority to consider the public convenience to 20 such a facility. 21 This is in response to an over 22 saturation of bars that have been proliferat 23 ing a number of residential communities. 8357 1 Assemblyman Koppell and I have experienced this 2 problem in two very important areas of our 3 district which we share together, and I believe 4 that it would give the Liquor Authority the 5 opportunity to consider all of the relevant 6 factors. 7 At this point, when residents 8 have gone down to the Liquor Authority to 9 complain against the opening of additional 10 premises, they have responded that so long as 11 the applicant has met all of the statutory 12 requirements, that they could not do anything 13 else except grant the license. This will allow 14 them to figure the public convenience, consider 15 rather the public convenience and necessity, in 16 granting such licenses. 17 SENATOR GOLD: Mr. President. 18 ACTING PRESIDENT FARLEY: Senator 19 Gold. 20 SENATOR GOLD: Will the Senator 21 yield to a question? 22 ACTING PRESIDENT FARLEY: Senator 23 Velella, I'm sure he will. 8358 1 SENATOR VELELLA: Yes. 2 SENATOR GOLD: Senator Velella, 3 first of all, have you discussed this with the 4 chairman of the Liquor Authority, by any chance? 5 SENATOR VELELLA: I haven't 6 discussed it with him, no. He is aware of it 7 and it is as a result of communications with 8 Assemblyman Koppell and myself concerning estab 9 lishments that were opening in our communities 10 that he is aware of, but he did not express to 11 us whether he was against or for it. He just 12 was -- is aware that that was what we were going 13 to do and to some -- to some degree -- to some 14 degree has recognized the fact that his 15 abilities were limited in the past in dealing 16 with these problems. 17 I've just been advised that on 18 the "A" print, he has supported it. 19 SENATOR GOLD: All right. Will 20 you yield to another question? 21 SENATOR VELELLA: Yes. 22 SENATOR GOLD: Let me tell you 23 what bothers me about the bill, Senator, and 8359 1 maybe you could comment directly on that. I've 2 spoken to the chairman of the Liquor Authority a 3 number of times about various things. His 4 philosophy, as he explained it to me, is that he 5 runs an agency and it is for the state 6 Legislature to make overall policy for the 7 state, so if we decide, for example, to 8 eliminate the 200-foot restriction on churches 9 and synagogues, that's a decision for the 10 Legislature. If we decide to limit licenses, 11 that's a decision for the Legislature. 12 But what I'm concerned about is 13 on page 1, line 7, the number, classes, 14 character of licenses and proximity to the 15 location and in a particular municipality. 16 That's a consideration. Then on page 2, line 9, 17 any other factors specified by law or regulation 18 that are relevant to determine the public 19 convenience. 20 Senator, that is one of the 21 broadest grants of regulatory authority I think 22 I've seen in 22 years in this house. We have, 23 time and time again, seen legislation offered 8360 1 mostly by the Republicans in this house to cut 2 back on the agencies, to have them comply with 3 law, stop them from over-reaching and then we 4 get language in a bill like this. 5 There is no direction. I mean 6 the chairman of the Authority, who I respect 7 believes that we should be giving direction. 8 All we're doing in this bill, Senator, is giving 9 some of the hugest generalities I've ever seen 10 in legislation, and then a huge grant of law - 11 of rule-making authority. Where is the 12 direction? 13 SENATOR VELELLA: Senator, let me 14 respond by saying that I know you've had a lot 15 of experience prior to the prohibition that we 16 put in barring legislators from practicing in 17 the SLA. I know that both you and I have had 18 experience in practicing, and public convenience 19 and necessity has always been part of what was 20 considered by the Authority in granting 21 applications. 22 We're just codifying that 23 tradition and public convenience and necessity 8361 1 is something that I think is really necessary in 2 the area where we're regulating an item such as 3 alcoholic beverages. There is a tremendous 4 possibility of destroying neighborhoods, 5 communities, when bars open and they become very 6 saturated. 7 I think that giving this broad 8 scope to the Authority merely implements the 9 public policy of this state, but we must be very 10 careful in allowing bars and premises that serve 11 alcoholic beverages. I think that it gives the 12 opportunity for communities such as you 13 represent and I represent to go to the Authority 14 and to say, Enough is enough in our community. 15 We don't need a strip of 14 bars. 16 There are a lot of college towns 17 that are very much in support of this concept 18 that, near colleges, a lot of bars have opened. 19 I have that particular problem in New Rochelle 20 which I share with Senator Oppenheimer, and in 21 the Bronx where I represent the Riverdale 22 community, the Woodlawn community. This has 23 become a major problem, and this will give the 8362 1 Authority some teeth to police effectively those 2 premises that serve alcoholic beverages. 3 I think it's worthy of the 4 broadest possible language and I hope the 5 Commissioner or the Commission will implement it 6 in the broadest possible way to preserve 7 communities and not let these establishments 8 come in and destroy them. 9 SENATOR GOLD: Mr. President. 10 ACTING PRESIDENT FARLEY: Senator 11 Gold. 12 SENATOR GOLD: Mr. President, 13 from my -- from my point of view, I understand 14 some of the problems that have occurred in var 15 ious areas, and I certainly have no philosophi 16 cal objection to there being some overall 17 control by the State Liquor Authority and, when 18 Senator Velella puts in language which talks 19 about them considering the number and kinds and 20 characters of licenses in an area, if that is 21 the desire of the public policy of this state, 22 it seems to me that that is easily definable. 23 But I'm going to vote against the 8363 1 bill because I'm -- I have heard on this floor 2 and I've heard in the Administrative Regulations 3 Commission and other places, time and time 4 again, criticism of the agencies, and what we 5 are doing in this piece of legislation is 6 exactly what we criticized them for. We are 7 giving them total authority. 8 The Liquor Authority was taken to 9 court within the last few years on one of their 10 regulations dealing with police focal points and 11 they lost the case. Senator Ohrenstein and 12 others have been working on legislation and, as 13 a matter of fact, I think Senator Ohrenstein 14 worked out language which I think is terrific, 15 which would give the Authority the right to walk 16 in where there was noise problems and other 17 problems created by licensed premises in the 18 community. 19 But the difference between 20 Senator Ohrenstein's legislation and this is 21 that there is direction from the Legislature in 22 setting up a law. In this situation, there is 23 no direction given at all at the end of this 8364 1 bill, and it is exactly the kind of thing that 2 the Republicans in this house are going to be 3 talking about next session and the session after 4 that, just as you have in the past. 5 Huge grants of authority to the 6 agencies, and then you're going to come in with 7 your business permit legislation and your other 8 legislation about how businesses are getting 9 killed by the agencies and we have to do 10 something about it. This bill opens up that 11 door. 12 ACTING PRESIDENT VOLKER: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VOLKER: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 55, nays 3, 20 Senators Gold, Kuhl and Nolan recorded in the 21 negative. 22 ACTING PRESIDENT VOLKER: The 23 bill is passed. 8365 1 Senator Sheffer, why do you rise? 2 SENATOR SHEFFER: I'd ask for 3 unanimous consent to be recorded in the negative 4 on Calendar Number 1655, please. 5 ACTING PRESIDENT VOLKER: Without 6 objection, Senator Sheffer in the negative on 7 1655. 8 SENATOR PADAVAN: Mr. President. 9 ACTING PRESIDENT VOLKER: Senator 10 Padavan. 11 SENATOR PADAVAN: May I have 12 unanimous consent to be recorded in the negative 13 on 1655, please. 14 ACTING PRESIDENT VOLKER: Without 15 objection, Senator Padavan is in the negative on 16 1655. 17 SENATOR PADAVAN: Now, go to 18 Calendar Number 1662. 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT DALY: Senator 21 Gold. 22 SENATOR GOLD: Before we start on 23 this, may I make an inquiry of the chair? There 8366 1 was a Rules report, I think it's a Rules Report 2 Number 3, and I believe on the Rules report, 3 there was a Senate bill 6173, is that correct? 4 ACTING PRESIDENT DALY: Do you 5 know the calendar number? 6 SENATOR GOLD: I wouldn't. I'm 7 just looking at the Rules report. 8 ACTING PRESIDENT DALY: Yes, it's 9 1679, 6173-A. 10 SENATOR GOLD: Yeah. Mr. 11 President, I have in front of me the Rules 12 agenda, and it is my understanding, Mr. 13 President, that in the Rules Committee we voted 14 out 6173. I would like to know how 6173, which 15 I read and other people read, became 6173-A some 16 place between Room 332 and the desk of the 17 Senate chamber. There was no amendment 18 discussed in Rules, that I recall. 19 ACTING PRESIDENT DALY: Senator, 20 would you give us some time to check that out? 21 We'll lay that bill aside and we'll get back to 22 you as soon as we have an answer. 23 SENATOR GOLD: No, no, I 8367 1 understand we're not on the bill, but I -- if 2 there is an irregularity, I want it cleared up 3 early. 4 ACTING PRESIDENT DALY: Senator, 5 I understand that, appreciate it, and we 6 certainly will do that as quickly as we can. 7 SENATOR GOLD: Thank you. 8 Senator Galiber - 9 ACTING PRESIDENT DALY: Senator 10 Padavan. 11 SENATOR PADAVAN: Calendar 1662. 12 ACTING PRESIDENT DALY: Calendar 13 1662. 14 THE SECRETARY: Calendar Number 15 1662, substituted earlier today, by member of 16 the Assembly Weisenberg, Assembly Bill Number 17 6655-B, Civil Practice Law and Rules. 18 SENATOR VOLKER: Mr. President. 19 ACTING PRESIDENT DALY: Senator 20 Volker. 21 SENATOR VOLKER: Mr. President, 22 this bill is a negotiated bill with the Assembly 23 as regards privileged communications between an 8368 1 employee member of a bargaining unit and an 2 elected union official. 3 The reason for this bill is the 4 somewhat unique status of elected union 5 officials in a police organization. I think 6 most people don't realize that law enforcement 7 officers in a police organization not only swear 8 to uphold the law, but are also bound by rules 9 that people in ordinary organizations are not. 10 What has happened is that a 11 police officer elected official on a number of 12 occasions has been put in a situation where 13 someone who has been either charged with a 14 violation or in some cases a crime, has been - 15 a communication has been made with that person 16 asking advice. In one case, the union - 17 elected union official was asked the advice and 18 the recommendation for an attorney was made. 19 The district attorney, as part of the 20 investigation, subpoenaed the union official and 21 asked questions concerning the communication 22 with that law enforcement officer and the 23 elected union official. 8369 1 The -- in the normal organization 2 that situation would not occur. The law 3 enforcement officer is bound by his, in some 4 cases by his oath of office, and also by 5 department regulations to reveal the source of 6 that communication and the communication 7 itself. 8 I think one thing, I think, 9 probably is not well known here is, I guess I 10 have some idea of this since I was at one time 11 an elected law enforcement police union 12 official, and, although we rarely got into this 13 kind of thing, there were several times when the 14 possibility was there in a little different 15 context by the local village boards, and I had a 16 number of problems with the local bargaining 17 agent, so to speak, because of some of the 18 discussions that were between myself and various 19 members of the police department. 20 So I guess I have some 21 understanding of what this is all about. I 22 think the thing, I think, that should be 23 understood is that there is a different 8370 1 relationship between police officer elected 2 union officials and normal individuals who are 3 part of a regular organization who might report 4 to them. 5 SENATOR WALDON: Mr. President. 6 ACTING PRESIDENT DALY: Senator 7 Waldon. 8 SENATOR WALDON: Would Senator 9 Volker yield? 10 ACTING PRESIDENT DALY: Would you 11 yield? 12 SENATOR VOLKER: Absolutely. 13 ACTING PRESIDENT DALY: Senator 14 will yield. 15 SENATOR WALDON: Senator, I think 16 perhaps to clarify for some of our colleagues, 17 maybe you and I should have this short 18 colloquy. Let me create a hypothetical for 19 you. 20 SENATOR VOLKER: M-m h-m-m. 21 SENATOR WALDON: You are the 22 union rep'; an officer has, in fact, committed a 23 crime, and he shares with you what has 8371 1 happened. You represent him before the tribunal 2 in the department and then after the case is 3 tried or before the case is tried or even during 4 the time that you're trying the case, a 5 superior officer comes to you and gives you a 6 direct order to tell him everything that's 7 happened. 8 Under the regs, as you understand 9 them, of all of the police departments in the 10 state, are you duty-bound to tell that superior 11 officer? 12 SENATOR VOLKER: I think you are, 13 yes, that's correct. 14 SENATOR WALDON: And I agree. 15 Thank you very much, Mr. President. 16 ACTING PRESIDENT DALY: Read the 17 last section. 18 SENATOR GOLD: Wait a minute. 19 ACTING PRESIDENT DALY: Senator 20 Gold, I'm sorry. 21 SENATOR GALIBER: I asked for an 22 explanation. 23 ACTING PRESIDENT DALY: Excuse 8372 1 me, Senator, I did not know that. 2 Senator Galiber. 3 SENATOR GALIBER: Senator, will 4 you yield for a couple of questions? 5 SENATOR VOLKER: Certainly, 6 Senator. 7 SENATOR GALIBER: The last 8 section here, it says, This act shall take 9 effect immediately and shall apply to 10 communication made on or after such effective 11 date. 12 SENATOR VOLKER: Right. 13 SENATOR GALIBER: If this bill 14 passes and ultimately becomes law, would this 15 apply to an ongoing investigation or pending 16 matters before the police department? 17 SENATOR VOLKER: No. 18 SENATOR GALIBER: And more 19 importantly, why? 20 SENATOR VOLKER: No, because the 21 communication would have to be after the date of 22 this bill, so any communications that were made 23 prior to the date of this bill it would not 8373 1 apply to. 2 SENATOR GALIBER: Fine. Senator, 3 let me give you a couple of hypotheticals. 4 If a police officer on one of 5 those rare occasions, and I want to make that 6 crystal clear, rare occasions where a police 7 officer might shoot a youngster in the street 8 and he goes to someone, the PBA, and he's wrong 9 and he tells the PBA about that, could that PBA 10 officer or any official in the police department 11 reveal what was told to him about the error that 12 he made or the wrongdoing that he did in terms 13 of shooting that youngster or adult, or anyone, 14 for that matter? 15 SENATOR VOLKER: So what you're 16 saying, Senator, is that if the law enforcement 17 officer, after this bill is passed, approached a 18 union official and asked for advice, the elected 19 union official and asked for advice, and 20 appraised him of the fact that he had either 21 committed a crime or what might be considered a 22 crime, would that union official -- would that 23 be considered a privileged -- privileged 8374 1 information? The answer is yes. 2 SENATOR GALIBER: O.K. Senator, 3 you've had lengthy experience with the police; 4 you've been a police officer and you also tell 5 us tonight which I didn't know, that you were a 6 PBA officer. You mentioned at the outset that 7 police officers are sworn to uphold the law. 8 SENATOR VOLKER: Right. 9 SENATOR GALIBER: So what you're 10 saying to me, if we pass this piece of 11 legislation and someone tells a PBA officer that 12 they have not upheld the law, that they've 13 committed a wrong, this police officer who was 14 sworn to uphold the law who, in my best 15 judgment, carries another level of respect than 16 the average person, in some instances more so 17 than even lawyers, would not be able to uphold 18 the law. 19 SENATOR VOLKER: Senator, I 20 don't - 21 SENATOR GALIBER: He would, in 22 reality, without that confidentiality, he may 23 very well be in the category of maybe 8375 1 compounding. 2 SENATOR PADAVAN: Mr. President, 3 pardon the interruption. 4 ACTING PRESIDENT DALY: Senator 5 Padavan. 6 SENATOR PADAVAN: Immediate 7 meeting of the Finance Committee in Room 332. 8 ACTING PRESIDENT DALY: Immediate 9 meeting of the Finance Committee in Room 332. 10 Senator Galiber. 11 SENATOR GALIBER: That is 12 compounding a felony. 13 SENATOR VOLKER: That is not 14 compounding the felony. I don't agree with you 15 I think the problem here is, and I think you've 16 kind of developed a complex problem here. How 17 is a union official to operate if anything said 18 to him by a person who is alleged to have 19 committed a crime or may have even committed a 20 crime, cannot trust that the advice that he 21 gives, the information that is given him would 22 not be revealed. 23 SENATOR GALIBER: But, Senator - 8376 1 SENATOR VOLKER: I think it is a 2 -- I think, Senator, that the problem, espec 3 ially -- if you'll notice, by the way, in the 4 bill, we talk about if the person -- what is not 5 exempt is that if the person talks about 6 committing a crime and there's a specific reason 7 for that being in there for obvious reasons 8 because the law enforcement officer's duty could 9 supersede that, if a person says they're going 10 to commit a crime and that law enforcement 11 officer has the duty to try to prevent it and, 12 therefore, if that is discussed, then, that 13 certainly wouldn't be privileged, but it seems 14 very difficult to see how or why it wouldn't be 15 something that should be thought to be 16 privileged information, otherwise the union 17 official would not be somebody it would seem 18 that the fellow would ever approach. 19 SENATOR GALIBER: Yeah, Senator, 20 you and I understand that. That's not what the 21 point of this inquiry is. 22 Let me speak on the bill, 23 Senator. 8377 1 SENATOR VOLKER: Yes, Senator. 2 SENATOR GALIBER: There's no one 3 who has more respect for the police department 4 than I do. What you're suggesting in this piece 5 of legislation that all the horrible things, and 6 I can read off a number of things that have 7 occurred, from police officers selling drugs to 8 killing people and doing horrible things, Rodney 9 King situation. 10 Under your piece of legislation, 11 if it wasn't for the photography, that if this 12 had been told to some other police officer, and 13 then that inquiry was asked, or there was an 14 inquiry, he would not be able or she would not 15 be able to divulge what actually happened out 16 there. 17 The narcotic sales that we've 18 heard so much about recently, all the corruption 19 that is involved. But what I'm suggesting, 20 Senator, is that the police department in your 21 judgment and my judgment -- I've heard you loud 22 and clear for a number of years, there's another 23 layer out there. There's this whole notion of 8378 1 silence within the police department, the recent 2 assault on City Hall by a police officer in the 3 city of New York, not Buffalo, in the city of 4 New York, who did horrible damage, the name 5 calling, what they're calling it at that 6 particular point in time. 7 Someone admitted during the 8 course of the investigation that this is what 9 occurred. That person would not be able to, in 10 an administrative hearing, be able to reveal 11 that, and I'm saying that the police department, 12 a very thin line we keep talking about is a 13 category that doesn't warrant the kind of con 14 fidentiality that we make reference to where 15 lawyers are concerned, and we fought this area 16 of confidentiality along the lines through the 17 years and we've given it to another group, but 18 police officers who are sworn to uphold the law 19 you want to give them a vehicle through which, 20 if someone comes to them and says, Yes, I 21 committed a crime; yes, I did this, and there's 22 not many of them. I keep reiterating that. 23 You, under this piece of legislation, say you 8379 1 don't have to talk about it. In fact, you can 2 declare confidentiality. 3 Everything -- the piece of 4 legislation, Senator, in my best judgment, I 5 know where you're going, is not a good piece of 6 legislation. It leaves an awful lot to be 7 desired. It's a quarter past two in the 8 morning. You've got the votes to get this 9 passed. I just wanted to make the record 10 clear. 11 I don't believe that the 12 incidents where police officers have knowledge 13 of crimes that have been committed by their 14 fellow officers should have a vehicle or a means 15 by which they can hide behind that crime and 16 say, "I have confidentiality, therefore, I don't 17 have to -- I do not have to answer to any 18 investigation," whether it be an administrative 19 hearing or no. 20 This confidentiality that you 21 make reference to is merely an instrumentality 22 through which the police department can hide 23 behind errors that they've made. 8380 1 SENATOR LEICHTER: Mr. 2 President. 3 ACTING PRESIDENT LIBOUS: Senator 4 Volker. 5 SENATOR VOLKER: Mr. President. 6 Senator Galiber, you're absolutely wrong. 7 Senator, your reference to a police department, 8 let me specifically remind you, this is an 9 elected union official. Your reference to the 10 Rodney King officer is absolutely incorrect. 11 SENATOR GALIBER: A question, 12 Senator. 13 SENATOR VOLKER: Yes, Senator. 14 SENATOR GALIBER: Is this police 15 officer a part of the police department or no? 16 SENATOR VOLKER: He is a part of 17 the police department, but he is an elec... the 18 reason we're specific about an elected public 19 police officer. In the Rodney King case, that 20 never was any question. Police officers were 21 police officers, Senator; that's what I'm trying 22 to point out to you. 23 SENATOR GALIBER: But that police 8381 1 officer -- Senator, if that police officer after 2 that occurrence - 3 SENATOR VOLKER: M-m h-m-m. 4 SENATOR GALIBER: -- had gone to a 5 PBA officer, elected, and said, without the film 6 or anything else, "This is what I did, struck so 7 and so and so and so; I committed a crime. I 8 did such and such and such and such," in the 9 course of the investigation, if that police 10 officer who is elected, who is part of a police 11 department, was called under this piece of 12 legislation, he could say -- declare confiden 13 tiality and not disclose any of it; is that 14 correct? 15 SENATOR VOLKER: That's correct, 16 Senator. 17 SENATOR GALIBER: And he is part 18 of the police department. 19 SENATOR VOLKER: Right. 20 SENATOR GALIBER: Whatever the 21 city may be. 22 SENATOR VOLKER: Right. Just as 23 if he went to his lawyer, it would be the same 8382 1 way. In fact, Senator, what you would be doing 2 here in effect is, remember, Senator, what 3 you're saying is that that law enforcement 4 officer would not be able to ask the elected 5 official to get himself an attorney. 6 Just think about that for a 7 second. He doesn't know what an attorney is to 8 get. He would then not be able to have it 9 privileged information that he asked that 10 attorney, or that he asked for an attorney 11 because of such and such. I don't think that's 12 unreasonable, Senator. 13 SENATOR GALIBER: It's not 14 unreasonable but, if that person has committed a 15 crime, the very crime that he's sworn to protect 16 the public, if that officer has committed a 17 crime and then goes to the elected PBA and tells 18 them, Yes, I committed this crime, or Yes, I 19 planted this gun, or Yes, I did whatever is 20 wrong, under this piece of legislation if there 21 is an investigation into it, that police officer 22 duly elected, part of the police department, 23 would not be able to testify in the grand jury 8383 1 because he would be declared constitutionality 2 and, Senator, it's not the same thing as being a 3 lawyer and a doctor, and you know it as well as 4 I do. 5 ACTING PRESIDENT LIBOUS: Senator 6 Leichter. 7 SENATOR LEICHTER: Mr. President, 8 would Senator Volker yield? 9 ACTING PRESIDENT LIBOUS: Senator 10 Volker, would you yield to Senator Leichter? 11 SENATOR LEICHTER: Senator 12 Volker, if there is a social interest and 13 purpose in having members of a union disclose 14 information in confidentiality to collective 15 bargaining agents, why should it just be the 16 police department? Why not - 17 SENATOR VOLKER: Senator - 18 SENATOR LEICHTER: No, no. Let me 19 finish. 20 SENATOR VOLKER: Senator, I can 21 tell you exactly because normal -- in ordinary 22 organizations, they just don't have the same 23 relationship. You are asking the exact reverse 8384 1 of the question that Senator Galiber asked me. 2 The reason is very clear, Senator. They do not 3 have the same kind of obligation that a law en 4 forcement officer has when these kinds of 5 things are revealed to him, and that's the 6 problem. 7 SENATOR LEICHTER: Excuse me. 8 Senator, I, with all due respect, maybe it's the 9 hour but I must say I didn't understand your 10 answer at all. 11 Confidentiality, when we grant 12 it, is based because there's a social interest 13 and purpose. We want people to go to doctors 14 and tell them what their ailment is, to say 15 maybe that they've been with a prostitute or 16 whatever because the doctor has to know 17 everything to treat 'em. 18 Similarly, we made a 19 confidentiality protection for rape guidance 20 counselors. We did it this session because we 21 want people to tell that counselor everything. 22 There's a social interest and purpose. If - 23 and I don't see it frankly -- there is a social 8385 1 interest and purpose in having a member of the 2 -- of the police force tell his elected 3 bargaining agent or representative who is 4 elected, and to give confidentiality to that 5 disclosure, why wouldn't it apply to the fire 6 department? How about the sanitation 7 department? What's the difference? 8 SENATOR VOLKER: And let me 9 answer that question. Because those people do 10 not have the same obligation that a police 11 officer has, Senator. The united -- the 12 transportation officer has no obligation to 13 disclose right now the way a police officer 14 does. That's the difference in the problem. 15 SENATOR LEICHTER: But -- but, 16 Senator Volker, the point is that what you're 17 doing here is that you can not compel testimony 18 by that particular -- what it was you referred 19 to, that elected union official. That's really 20 the key. You want to -- it isn't that you want 21 to preclude and prevent that person from going 22 to a commanding officer and saying, Hey, 23 Patrolman Jones has just told me that he shot a 8386 1 kid. You want to go beyond that. You want to 2 keep that elected union official from being 3 compelled to testify in court. 4 SENATOR VOLKER: That's right, 5 that's right. 6 SENATOR LEICHTER: Why wouldn't 7 that apply to a fireman? 8 SENATOR VOLKER: Because the 9 fireman does not have the same obligation that a 10 law enforcement officer has to report at the 11 present time, Senator. I think it's pretty 12 obvious that there is a different relationship 13 between a law enforcement officer or a fireman 14 and a member of the transportation union or any 15 other. And we're not always talking about a 16 crime. 17 Remember, Senator, we may very 18 well be talking about some sort of grievance 19 involved in an overtime or something of that 20 nature. 21 ACTING PRESIDENT LIBOUS: Excuse 22 me a second. There's an awful lot of 23 conversations going on throughout the chamber 8387 1 and we'd appreciate if you would take those 2 conversations outside the chamber. 3 Senator Leichter, you have the 4 floor. 5 SENATOR LEICHTER: Yes, Mr. 6 President, just briefly on the bill. We give 7 confidentiality when there is a social interest, 8 when you want that person to tell everything to 9 the individual that we're going to give 10 confidentiality. There is no social interest or 11 purpose in having a police officer disclose this 12 information to his union elected official. If 13 there were, it would apply equally to other 14 unions, and I -- I think Senator Volker's 15 argument that, well, because they're required to 16 disclose if they know of any infraction or mis 17 conduct, therefore, we need to give them that 18 protection, and that differs from other union - 19 from other unions, to my mind just doesn't make 20 sense, because it goes just -- it goes beyond 21 the duty to disclose. 22 It also includes the duty whether 23 you compel that information in court. But I 8388 1 think the basic issue is, what is the social 2 interest in having that information disclosed to 3 an elected union official? I submit there is 4 none, and to put that elected union official in 5 the same position as a doctor or as a lawyer or 6 as a priest, to my mind, is -- is totally 7 absurd. 8 ACTING PRESIDENT LIBOUS: Senator 9 Waldon. 10 SENATOR WALDON: Thank you very 11 much, Mr. President. 12 I would like for Senator Volker 13 to allow me to ask him a couple of questions, 14 but before I do that, Senator, permit me to 15 speak to the military organizations briefly and 16 paramilitary organizations. 17 I think what we're facing here is 18 relationships that are not unique to any other 19 work place than a military organization or para 20 military organizations. 21 Senator Volker, do you recall a 22 General recently, an American General, speaking 23 in Holland, and he made some negative statements 8389 1 about the President of the United States? 2 SENATOR VOLKER: I certainly do. 3 SENATOR WALDON: Do you recall 4 what happened to that General once it became 5 known that he had made those statements? 6 SENATOR VOLKER: He was severely 7 punished. 8 SENATOR WALDON: And he's no 9 longer in the military, is that correct? 10 SENATOR VOLKER: My understanding 11 is he's no longer in the military, yes. 12 SENATOR WALDON: Mr. President, 13 may I continue, please? 14 ACTING PRESIDENT LIBOUS: Yes. 15 Senator Waldon, are you asking Senator Volker to 16 yield, or are you speaking on the bill? 17 SENATOR WALDON: Asking him to 18 yield. 19 SENATOR VOLKER: I continue to 20 yield. 21 SENATOR WALDON: Senator Volker, 22 in your experience as a police officer, does the 23 same kind of adherence to authority -- is it 8390 1 present in police departments that you're aware 2 of? 3 SENATOR VOLKER: Basically it 4 is. Basically it is, Senator, and although it 5 can be argued, I guess, that it isn't in the 6 same degree, but it is the same sort of 7 operation as a military operation. In fact, 8 depending on the type of department even more 9 so, for instance, State Police. But virtually 10 every police organization has the same kind of 11 standards and the same sort of rules as the 12 military organization. 13 SENATOR WALDON: It's been a long 14 time since you've been a police officer, 15 Senator, as myself, but I'm sure that you can 16 recall in your days as the union rep', whenever 17 anything happened regarding a police officer in 18 your region, who was the first person called to 19 be present at the scene when the superior 20 officers or the district attorney or whomever 21 was involved in that kind of situation appeared? 22 SENATOR VOLKER: Well, I think, 23 probably not as much as maybe today. I don't 8391 1 think that the union rep' was thought of then 2 but certainly one of the first persons that 3 would be -- would be called would be the union 4 rep'. I think many law enforcement officers 5 were so in the days when I was there, they were 6 difficult days, lawyers I think were called 7 occasionally, but I think you're right, for the 8 especially the non-serious type of incidents, 9 very often it was the person who represented 10 them who was asked to give them advice. 11 SENATOR WALDON: Is it your 12 recollection, Senator, that the union rep', when 13 appearing at the scene then and as you are made 14 aware today from colleagues and friends who are 15 still in law enforcement, the purpose is for the 16 union rep' to come there to counsel the police 17 officer who may or may not be in trouble but 18 unsure and needs some clarification? 19 SENATOR VOLKER: Exactly. I 20 think very many times, I think the thing that 21 should be thought of that normally these don't 22 involve necessarily crimes, but they just 23 involve problems that the law enforcement 8392 1 officer may have with rules and regulations or 2 something of that nature, and he's looking for 3 counsel, he or she is looking for counsel, to 4 determine what -- which direction to take. 5 SENATOR WALDON: Senator, might I 6 fairly characterize the union rep' who comes to 7 the scene as a surrogate lawyer who will make 8 determinations until perhaps a real lawyer is 9 necessitated? 10 SENATOR VOLKER: I suppose it 11 could be characterized as that, Senator, and I 12 think sometimes, I think some of these union 13 rep's have to be careful because sometimes they 14 may give some advice that may border on legal 15 advice, but you're absolutely right. 16 SENATOR WALDON: Thank you very 17 much, Mr. President. 18 SENATOR GOLD: Mr. President. 19 SENATOR WALDON: Thank you very 20 much, Senator Volker. 21 SENATOR GOLD: Mr. President. 22 SENATOR GALIBER: Mr. President. 23 ACTING PRESIDENT LIBOUS: Senator 8393 1 Gold rose first, Senator Galiber. 2 SENATOR GOLD: Thank you. 3 Senator Volker, will you yield to a question? 4 ACTING PRESIDENT LIBOUS: Senator 5 Volker, will you yield to Senator Gold? 6 SENATOR VOLKER: Yes. 7 ACTING PRESIDENT LIBOUS: He 8 will, Senator. 9 SENATOR GOLD: Yeah. Senator, I 10 understand the argument made by Senator Waldon 11 very, very well. But let me ask you this 12 question: Why do we limit it then, if that's 13 what it is; why do we limit it to this 14 situation? 15 Supposing, for example, a teacher 16 was in trouble and was charged by a student with 17 doing something and sought their union rep' and 18 said something to the union rep' which could be 19 considered a crime, abusing a child? In other 20 words, if the principle -- and I think Senator 21 Waldon's questions explained it very, very well 22 -- if the principle is that in this procedure 23 you've got a semi-lawyer relationship, why 8394 1 wouldn't it apply to all union situations? 2 SENATOR VOLKER: Because a 3 teacher has no responsibility -- does not have 4 the same responsibility as a police officer has 5 to - 6 SENATOR GOLD: So what? 7 SENATOR VOLKER: -- make the same 8 report? 9 So what? The difference is it 10 obviously is different, Senator. They don't 11 have the same responsibility. They don't act 12 under the same rules. That makes a huge 13 difference, Senator. 14 SENATOR GOLD: Will the Senator 15 yield to a question? 16 ACTING PRESIDENT LIBOUS: 17 Senator, would you yield for another question? 18 SENATOR VOLKER: Yes. 19 ACTING PRESIDENT LIBOUS: He 20 will. 21 SENATOR GOLD: In other words, 22 you're saying -- you're saying that what you're 23 concerned about, and I'm trying to remember 8395 1 Senator Waldon's question, this military command 2 issue, but what you're concerned about is that 3 if the union rep' is sitting in, in the place of 4 a lawyer today, if there's a superior officer 5 comes over and says you got to tell, you got to 6 tell, and you've got that conflict; is that what 7 you're saying, Senator? 8 (There was no audible response.) 9 SENATOR GOLD: All right. Well, 10 Senator Volker, I understand the point, but let 11 me ask you to yield to one more question. 12 SENATOR VOLKER: Yes, Senator. 13 SENATOR GOLD: I'm the district 14 attorney of X County, God forbid, and I find out 15 that a certain school teacher was charged with a 16 disciplinary procedure and went to Senator 17 Leichter, the union rep', had a conversation and 18 now I subpoena Senator Leichter. Is there any 19 difference between that? I mean I am now the 20 district attorney. What's the difference 21 whether I'm a superior officer in the police 22 department or I'm the district attorney 23 subpoenaing the teachers' representative who 8396 1 this person spoke to? 2 SENATOR VOLKER: I think the 3 difference, Senator, once again is the absolute 4 obligation of the police officer to report, and 5 the -- the regulations of the police department 6 are entirely different from anything that a 7 teacher is subject to. 8 SENATOR GOLD: Thank you. 9 Mr. President, if I may, on the 10 bill. 11 ACTING PRESIDENT LIBOUS: Senator 12 Gold to speak on the bill. 13 SENATOR GOLD: Senator Volker, 14 what you're doing in this legislation is setting 15 up a new privileged communication. That's 16 basically what you're doing, and it seems to me, 17 Senator, that the issue ought to be a general 18 one, not a specific one for one department. 19 If you want to say that, within 20 the confines of any union, if a person is 21 getting help in a disciplinary procedure, that 22 their communication with their union rep' should 23 be akin to their talking to a lawyer, a 8397 1 confidential situation, I can understand that 2 and maybe we should do that. But to limit it to 3 the police department only, saying that it's 4 because their superior can make them talk, I 5 don't think that's any more of a risk than in a 6 child abuse problem in the school where the D.A. 7 comes over and talks to the union rep' and says, 8 "I'm subpoenaing you before a grand jury." 9 Either we are going to say that 10 these kinds of representations are akin to legal 11 ones and there should be a privilege or I think 12 they shouldn't. 13 ACTING PRESIDENT LIBOUS: Senator 14 Galiber, did you wish to speak again? 15 Senator Dollinger. 16 SENATOR DOLLINGER: Mr. 17 President, I share the concerns of my other 18 colleagues, but if Senator Volker will just 19 yield to just one other question in advance. 20 I read this bill earlier, and I 21 can't find the copy on my desk. I'm learning 22 the file organization on one's desk is a 23 necessary prerequisite of late night meetings. 8398 1 But there's a provision in there about keeping 2 records of the privileged communication. 3 SENATOR VOLKER: Right. 4 SENATOR DOLLINGER: Could you 5 just explain to me what that means? 6 SENATOR VOLKER: Yeah. One of 7 the -- one of the provisions of the bill is 8 that, in order to claim this privilege and again 9 it's the special nature of a law enforcement 10 privilege, which I don't think I -- I guess I'm 11 not conveying very well, but it's clear there is 12 a special relationship, that in order to claim 13 this privilege, the law enforcement -- the union 14 official must keep, in effect, a log and 15 maintain a record of the day, time and place of 16 any privileged communication, the name of the 17 members, and so forth. 18 The reason for that is to limit 19 to this kind of privileged communication so that 20 somebody can't just say, The guy said this to me 21 or whatever, you have to have -- you have to 22 have a record of what was done and, by the way, 23 several of my staff said, Isn't that a burden? I 8399 1 said, Well, the thing you should understand is 2 that a police officer, when you are trained, one 3 of the things that you are told to do is to 4 carry just such a -- a -- such a record. That's 5 some sort of book to maintain numbers and dates, 6 and so forth, so this is not really an unusual 7 thing. 8 But in the case of the union 9 official, you would have to be especially 10 careful because otherwise you couldn't claim the 11 privilege. 12 SENATOR DOLLINGER: Well, that's 13 my question through you, Mr. President. There's 14 no consequence established for the failure to 15 keep the record in the statute. 16 SENATOR VOLKER: There's no - 17 the consequence, Senator, is no privilege. 18 SENATOR DOLLINGER: O.K. But it 19 doesn't say that in the bill. That's - 20 SENATOR VOLKER: No, it's one of 21 the -- it's one of the designated number that 22 says what you have to do in order to get the 23 privilege. (d) is a record. (c) says who may 8400 1 claim it. It's a criteria that's needed in 2 order to claim the privilege. 3 SENATOR DOLLINGER: In other 4 words, the maintenance of the record, if you're 5 going to assert the privilege at some later time 6 it's asserted by the declarant, and you would 7 have to produce a record on the part of the 8 hearer that shows that the statement was made at 9 a definite time, date and place. 10 SENATOR VOLKER: That's right, 11 Senator. 12 SENATOR DOLLINGER: All right. 13 O.K., thank you. Just one other thing, Mr. 14 President. 15 ACTING PRESIDENT LIBOUS: Senator 16 Dollinger. 17 SENATOR DOLLINGER: Just a point 18 of edification. I think the point Senator Gold 19 makes about teachers is correct. I think, if 20 you look at Part 68 of the Department of 21 Education regulations which I have some 22 familiarity with in my private capacity as a 23 lawyer, it requires the teacher to report to the 8401 1 Department of Education any instance of immoral 2 conduct involving a child less than 14 years of 3 age, so that the same kinds of disclosure 4 requirements can be contained there, and the 5 example that Senator Gold used may be one of the 6 things that we have to deal with in the future, 7 that these are quasi-legal communications made 8 by the declarant to the hearer and that they 9 involve the same types of privilege and need to 10 protect types of criteria that Senator Volker 11 addresses. 12 So this puts us down a road that 13 I think we've got to be prepared to deal with a 14 whole series of statements that are very much 15 like this, involving confidential disclosure of 16 information between people in a collective 17 bargaining context. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LIBOUS: Call 23 the roll. 8402 1 (The Secretary called the roll. ) 2 ACTING PRESIDENT LIBOUS: Senator 3 Waldon to explain his vote. 4 SENATOR WALDON: Thank you very 5 much, Mr. President. 6 Mr. President, it took a long 7 time for the privileged communication and 8 confidentiality protections of our laws to 9 become real and to become part and parcel of our 10 way of life. 11 Despite my love of law 12 enforcement and all that it means, and despite 13 my long history with law enforcement, I'm not 14 prepared to relinquish that historical aspect 15 and how it evolved and developed at this time. 16 I applaud what Senator Volker is 17 doing. I recognize that law enforcement 18 agencies are run differently than all others 19 because I was there, but regarding this 20 privileged communication possibility as we 21 understand it with doctors and lawyers, at this 22 time I'm just not emotionally and intellectually 23 prepared to make that transition, and so I must 8403 1 vote in the no. 2 ACTING PRESIDENT LIBOUS: Senator 3 Waldon, how did you vote, sir? 4 SENATOR WALDON: No. 5 ACTING PRESIDENT LIBOUS: No. 6 Senator Waldon votes no. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1662 are 9 Senators DeFrancisco, Galiber, Gold, Leichter, 10 Nolan, Ohrenstein and Waldon. Ayes 51, nays 7. 11 ACTING PRESIDENT LIBOUS: The 12 bill is passed. 13 Senator Padavan. 14 SENATOR PADAVAN: Mr. President, 15 on the regular calendar, let's return to 1255. 16 There's a substitution to be made, and then 17 we'll take up the bill. 18 ACTING PRESIDENT LIBOUS: The 19 Secretary will read. 20 Excuse me, Senator Seward. 21 SENATOR SEWARD: If -- if I 22 could, sir, I would ask unanimous consent to be 23 recorded in the negative on Calendar Number 1655 8404 1 which passed just a few moments ago. 2 ACTING PRESIDENT LIBOUS: Without 3 objection. 4 SENATOR SEWARD: Thank you. 5 SENATOR PADAVAN: All right. 6 1255. 7 ACTING PRESIDENT LIBOUS: 1255. 8 THE SECRETARY: Calendar Number 9 1255, Senator Holland moves to discharge the 10 Committee on Rules from Assembly Bill Number 11 7754-A and substitute it for the identical Third 12 Reading 1255. 13 ACTING PRESIDENT LIBOUS: 14 Substitution ordered. 15 SENATOR HOLLAND: Last section. 16 ACTING PRESIDENT LIBOUS: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LIBOUS: Senator 21 Leichter. 22 SENATOR LEICHTER: Could you just 23 hold it a moment until we can find the bill. 8405 1 ACTING PRESIDENT LIBOUS: Senator 2 Leichter would like to find the bill. 3 SENATOR LEICHTER: O.K. I just 4 want to look. 5 ACTING PRESIDENT LIBOUS: Senator 6 Padavan, there's a message on this. 7 SENATOR PADAVAN: Yes, we move 8 that the message be accepted, please. 9 ACTING PRESIDENT LIBOUS: All in 10 favor, say aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response. ) 14 The message has been accepted. 15 SENATOR LEICHTER: All right. 16 No. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll. ) 8406 1 THE SECRETARY: Ayes 58. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 Senator Padavan, what is your 5 pleasure, sir? 6 SENATOR PADAVAN: All right. Now 7 we will go to the Supplemental Calendar Number 8 3, the active list. However, once again, the 9 first bill on it, 761, is on the regular 10 calendar. 11 Mr. President, I'm corrected on 12 that. It is not on the regular calendar, but it 13 is on our desk. 14 ACTING PRESIDENT LIBOUS: That's 15 correct. 16 THE SECRETARY: Calendar Number 17 761, substituted earlier today, by the Assembly 18 Committee on Rules, Assembly Bill Number 7686-B, 19 an act to amend the Public Authorities Law. 20 ACTING PRESIDENT LIBOUS: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8407 1 ACTING PRESIDENT LIBOUS: Call 2 the roll. 3 (The Secretary called the roll. ) 4 SENATOR LEICHTER: Hold it. I'm 5 sorry. Just want to follow at this time. Could 6 you read the calendar number, again, please. 7 THE SECRETARY: Calendar Number 8 761. 9 ACTING PRESIDENT LIBOUS: The 10 bill is 7686-B. It is on your desk. It's right 11 on top, 7686-B. 12 SENATOR LEVY: Senator Gold, 13 probably a - 14 SENATOR GOLD: Explanation. 15 SENATOR LEVY: Yeah, Senator 16 Gold. Probably a month or so ago we passed a 17 departmental -- DOT departmental bill requiring 18 five-year financial plans for the upstate 19 transportation authorities. 20 The Assembly believed that there 21 should be an amendment to that bill, Senator, 22 that would - 23 SENATOR GOLD: That does what? 8408 1 SENATOR LEVY: Pardon me? 2 SENATOR GOLD: Does what? 3 SENATOR LEVY: Yes. The 4 amendment prohibits employees and other people 5 that work for these authorities from serving as 6 members of the authority itself, the separation 7 of powers. 8 SENATOR GOLD: Last section. 9 SENATOR LEVY: That's all the 10 amendment does. The bill passed the Assembly, 11 and we now have it before us. 12 SENATOR GOLD: Last section. 13 SENATOR LEICHTER: Seems to do 14 more than that. 15 ACTING PRESIDENT LIBOUS: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LIBOUS: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 58. 23 ACTING PRESIDENT LIBOUS: The 8409 1 bill is passed. 2 Senator Nozzolio. 3 SENATOR NOZZOLIO: Mr. President, 4 I ask unanimous consent to be recorded in the 5 negative on Calendar Number 1655. 6 SENATOR NOZZOLIO: Thank you. 7 ACTING PRESIDENT LIBOUS: Senator 8 Wright. 9 SENATOR WRIGHT: Mr. President, I 10 request unanimous consent to be recorded in the 11 negative on Calendar Number 1655. 12 ACTING PRESIDENT LIBOUS: Without 13 objection. 14 SENATOR PADAVAN: Non-controvers 15 ial. 16 ACTING PRESIDENT LIBOUS: 17 Secretary will read. 18 SENATOR PADAVAN: Supplemental 19 Calendar Number 3. 20 THE SECRETARY: 1670, Senator 21 Skelos moves to discharge the Committee on Rules 22 from Assembly Bill Number 1529 and substitute it 23 for the identical Third Reading 1670. 8410 1 ACTING PRESIDENT LIBOUS: Read 2 the last section. Oh, I'm sorry. Substitution 3 ordered. Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LIBOUS: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 58. 10 ACTING PRESIDENT LIBOUS: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1671. 14 ACTING PRESIDENT LIBOUS: Bill is 15 high, laid aside. 16 THE SECRETARY: Calendar Number 17 1672, Senator Kuhl moves to discharge the 18 Committee on Rules from Assembly Bill Number 19 8152 and substitute it for the identical Third 20 Reading 1672. 21 ACTING PRESIDENT LIBOUS: 22 Substitution ordered. Read the last section. 23 SENATOR GOLD: Explanation. 8411 1 ACTING PRESIDENT LIBOUS: 2 Explanation. 3 SENATOR PADAVAN: Lay it aside. 4 THE SECRETARY: Calendar Number 5 1673, Senator Larkin moves to discharge the 6 Committee on Rules from Assembly Bill Number 7 7956-C and substitute it for the identical 8 Calendar Number 1673. 9 ACTING PRESIDENT LIBOUS: 10 Substitution ordered. Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT LIBOUS: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 58. 17 ACTING PRESIDENT LIBOUS: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1674, by Senator Mega, Senate Bill Number 5287 21 A, General City Law. 22 ACTING PRESIDENT LIBOUS: All in 23 favor, say aye. 8412 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response.) 4 Message is accepted. Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 57, nays 12 one, Senator Spano recorded in the negative. 13 ACTING PRESIDENT LIBOUS: Senator 14 Wright. 15 THE SECRETARY: Also Senator 16 Wright in the negative, also Senator Sheffer. 17 Also Senator Seward. 18 ACTING PRESIDENT LIBOUS: The 19 bill is passed. 20 SENATOR DOLLINGER: Mr. 21 President, what was the number of that? 22 ACTING PRESIDENT LIBOUS: That 23 was 1674, the last one we just passed? 8413 1 THE SECRETARY: Calendar Number 2 1675, Senator Larkin moves to discharge the 3 Committee on Rules from Assembly Bill Number 4 7860- A and substitute it for the identical 5 Calendar Number 1675. 6 ACTING PRESIDENT LIBOUS: 7 Substitution ordered. Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 58. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1676, by -- Senator Nolan moves to discharge the 18 Committee on Rules from Assembly Bill Number 19 8249-A and substitute it for the identical 20 Calendar Number 1676. 21 ACTING PRESIDENT LIBOUS: 22 Substitution ordered. Read the last section. 23 THE SECRETARY: Section 2. This 8414 1 act shall take effect immediately. 2 ACTING PRESIDENT LIBOUS: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 58. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1678, Senator Larkin moves to discharge the 10 Committee on Rules from Assembly Bill Number 11 8669-A and substitute it for the identical Third 12 Reading 1678. 13 ACTING PRESIDENT LIBOUS: 14 Substitution is ordered. We'll read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LIBOUS: Call 19 the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 58. 22 ACTING PRESIDENT LIBOUS: The 23 bill is passed. 8415 1 THE SECRETARY: Calendar Number 2 1679. 3 ACTING PRESIDENT LIBOUS: The 4 bill is high, laid aside. 5 THE SECRETARY: Calendar Number 6 1680. 7 ACTING PRESIDENT LIBOUS: Bill is 8 high; laid aside. 9 THE SECRETARY: Calendar Number 10 1681. 11 ACTING PRESIDENT LIBOUS: Senator 12 Padavan I believe -- I'm sorry. 13 THE SECRETARY: Senator Marino 14 moves to discharge the Committee on Rules from 15 Assembly Bill 8867 and substitute it for the 16 identical Third Reading 1681. 17 ACTING PRESIDENT LIBOUS: 18 Substitution ordered. There's a message at the 19 desk. 20 SENATOR PADAVAN: Move we accept 21 the message. 22 ACTING PRESIDENT LIBOUS: All in 23 favor say aye. 8416 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response.) 4 The message is accepted. Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 THE SECRETARY: Ayes 58. 11 ACTING PRESIDENT LIBOUS The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1682, Senator Johnson moves to discharge the 15 Committee on Rules from Assembly Bill Number 16 8517-B and substitute it for the identical Third 17 Reading 1682. 18 ACTING PRESIDENT LIBOUS: 19 Substitution ordered. 20 SENATOR PADAVAN: Is there a 21 message? 22 ACTING PRESIDENT LIBOUS: There 23 is a message at the desk. 8417 1 SENATOR PADAVAN: Move we accept 2 the message. 3 ACTING PRESIDENT LIBOUS: All in 4 favor aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response.) 8 The message is accepted. The 9 bill is laid aside. 10 Senator Padavan, on that last 11 bill, we have to withdraw the message. 12 SENATOR GOLD: Why? May I ask 13 why? 14 ACTING PRESIDENT LIBOUS: That's 15 correct. 16 SENATOR PADAVAN: Lay it aside. 17 SENATOR GOLD: May I ask why? 18 SENATOR TULLY: Mr. President. 19 ACTING PRESIDENT LIBOUS: May I 20 answer one question at a time. 21 SENATOR TULLY: Perhaps to help 22 Senator Gold. It's my understanding this bill 23 passed the Assembly 126 to 14, is that true? 8418 1 THE SECRETARY: I don't know 2 that. 3 SENATOR GOLD: Mr. President. 4 ACTING PRESIDENT LIBOUS: Yes, 5 Senator Gold. 6 SENATOR GOLD: We have an 7 Assembly bill in front of us? 8 ACTING PRESIDENT LIBOUS: Yes, we 9 do. 10 SENATOR GOLD: It passed the 11 Assembly? 12 ACTING PRESIDENT LIBOUS: Yes, it 13 did. 14 SENATOR GOLD: I assume there is 15 a message. 16 ACTING PRESIDENT LIBOUS: No. 17 SENATOR GOLD: Well, it couldn't 18 have passed the Assembly without a message. I 19 mean, Mr. President, this is getting really 20 silly. 21 ACTING PRESIDENT LIBOUS: If the 22 Assembly received a message, we did not receive 23 ours. 8419 1 SENATOR GOLD: We have the 2 message. It's in front of you, Mr. President. 3 This is really getting silly, 3:00 o'clock in 4 the morning. The Governor issued a message to 5 the Legislature. It is in our hands. 6 ACTING PRESIDENT LIBOUS: Senator 7 Gold, one second, please. Senator Gold, we're 8 resolving that, if you just give us a second. 9 We recognize the hour is late and the desk is 10 doing the best it can. 11 Senator Padavan, the message is 12 on its way, should be coming through the door at 13 any second. Got the Governor's office on the 14 phone. 15 SENATOR GOLD: I got a message 16 from the Governor. The Governor said do it. 17 THE SECRETARY: In one minute. 18 SENATOR PADAVAN: Let's lay that 19 aside, Mr. President. 20 ACTING PRESIDENT LIBOUS: The 21 bill has been laid aside. We can continue. 22 When the message arrives, we'll accept the 23 message. 8420 1 SENATOR PADAVAN: That's a wise 2 decision, Mr. President. 3 1683. 4 THE SECRETARY: Calendar Number 5 1683. 6 ACTING PRESIDENT LIBOUS: 7 Calendar Number 1683 is high. 8 THE SECRETARY: Calendar Number 9 1684, by the Senate Committee on rules, Senate 10 Bill Number 6203, Environmental Conservation 11 Law. 12 ACTING PRESIDENT LIBOUS: Senator 13 Padavan, we have a message. 14 SENATOR PADAVAN: Yes, Mr. 15 President, and may I make a motion we accept 16 it. 17 ACTING PRESIDENT LIBOUS: All in 18 favor say aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response.) 22 The message is accepted. Read 23 the last section. 8421 1 SENATOR OPPENHEIMER: No, it's - 2 ACTING PRESIDENT LIBOUS: Senator 3 Oppenheimer, do you have a - 4 SENATOR OPPENHEIMER: Can I 5 question? 6 ACTING PRESIDENT LIBOUS: Do you 7 wish to lay the bill aside? 8 SENATOR OPPENHEIMER: O.K. 9 SENATOR GOLD: Lay the bill 10 aside. 11 ACTING PRESIDENT LIBOUS: The 12 bill is laid aside. 13 SENATOR OPPENHEIMER: I didn't 14 want to lay it aside but you can't - 15 SENATOR PADAVAN: Mr. President, 16 controversial on the same calendar. 17 ACTING PRESIDENT LIBOUS: We will 18 go to controversial calendar now. 19 SENATOR PATAKI: Mr. President. 20 ACTING PRESIDENT LIBOUS: Senator 21 Pataki, why do you rise? 22 SENATOR PATAKI: Yes, I would 23 request unanimous consent to be recorded in the 8422 1 negative on Calendar 1674. 2 ACTING PRESIDENT LIBOUS: Without 3 objection. 4 Senator DeFrancisco. 5 SENATOR DeFRANCISCO: Same 6 request. 7 ACTING PRESIDENT LIBOUS: Excuse 8 me. We're going to ask for a little order in 9 the chamber. We realize the hour is late; there 10 are a lot of conversations going on. 11 Senator Pataki, would you rise 12 and please state which bill you - 13 SENATOR PATAKI: Yes. Unanimous 14 consent has been requested to be recorded in the 15 negative on 1674, Senate Bill 5287. 16 ACTING PRESIDENT LIBOUS: 1674, 17 Senator Pataki in the negative, without 18 objection. 19 Senator Nozzolio. 20 SENATOR NOZZOLIO: Senator, I 21 make the same request to be recorded in the 22 negative on 1674. 23 ACTING PRESIDENT LIBOUS: 1674, 8423 1 Senator Nozzolio in the negative, without 2 objection. 3 Senator DeFrancisco. 4 SENATOR DeFRANCISCO: Identical 5 request. 6 ACTING PRESIDENT LIBOUS: 1674, 7 Senator DeFrancisco in the negative. 8 We'll do the controversial 9 calendar. Thank you for your cooperation. 10 THE SECRETARY: Calendar Number 11 1671. 12 ACTING PRESIDENT LIBOUS: 1671 is 13 high. 14 THE SECRETARY: Calendar Number 15 1672, substituted earlier, by the Assembly 16 Committee on Rules, Assembly Bill Number 8152, 17 Transportation Law. 18 SENATOR LEICHTER: Mr. 19 President. 20 ACTING PRESIDENT LIBOUS: Senator 21 Leichter. 22 SENATOR LEICHTER: If Senator 23 Kuhl would yield, please. 8424 1 ACTING PRESIDENT LIBOUS: Senator 2 Kuhl, would you yield, please? 3 SENATOR KUHL: Yes. 4 ACTING PRESIDENT LIBOUS: Senator 5 Leichter. 6 SENATOR LEICHTER: Let me tell 7 you what concerns me about this bill. Your bill 8 provides that farm vehicles, I guess you'd call 9 them plate vehicles, will be subject to lesser 10 fines if there are traffic violations, and you 11 point out, I believe, in your memo that these 12 vehicles are ordinarily used in connection with 13 farm work. They are not a major roads. 14 But what I'm concerned about is 15 where one of these vehicles is on a major road 16 and there's a major infraction, then under your 17 bill all that you could apply would be these 18 minor penalties whereas under the law as it 19 exists now, whoever assesses the penalty, 20 whether it be a traffic court or whatever, 21 couldn't they take into account the fact that it 22 was a minor violation and assess a lower fine? 23 SENATOR PADAVAN: Immediate 8425 1 meeting of the Rules Committee in Room 332. 2 ACTING PRESIDENT LIBOUS: There's 3 an immediate meeting of the Rules Committee in 4 Room 332. 5 SENATOR LEICHTER: Mr. 6 President. Senator Kuhl, did I make myself 7 clear? 8 SENATOR KUHL: I believe so, 9 Senator Leichter, but I don't think the -- the 10 answer is I don't believe -- the answer to your 11 question is I don't believe that they can do 12 that. 13 Let's -- just to give you a brief 14 explanation here. A farm plate is a restricted 15 use license plate that's applicable to farm 16 vehicles. Now, it's particularly important that 17 you understand what restricted use is. These 18 farm vehicles are only allowed to travel from 19 the farm to the field and from the field back to 20 the farm or, in one exception, they can go from 21 the farm to a municipal landfill. That is the 22 total usage that they are allowed to do. They 23 have to actually file the route annually; they 8426 1 have to make an application to the Department of 2 Motor Vehicles, file the route with the 3 Department of Motor Vehicles and have it 4 available in the glove compartment so that if 5 they are stopped by an enforcement officer that, 6 in fact, they would see if they're not on that 7 route they are in violation. If that's the 8 case, then I believe that the maximum fine would 9 apply to them just like any other commercial 10 operator. 11 SENATOR LEICHTER: And would 12 still apply, so if they go off the route and 13 they're driving on an interstate and there's an 14 infraction, then the penalties provided by the 15 current law would still apply, is that correct? 16 SENATOR KUHL: I believe that's 17 correct. 18 SENATOR LEICHTER: O.K. No 19 objection. 20 ACTING PRESIDENT LIBOUS: Read 21 the last section. 22 SENATOR LEVY: Mr. President. 23 ACTING PRESIDENT LIBOUS: Senator 8427 1 Levy. 2 SENATOR LEVY: Yeah. I rise to 3 explain my vote. 4 I want to compliment Senator Kuhl 5 on his efforts to remedy an over-harsh treatment 6 in the law as it relates to fines on farm 7 vehicles but, as Senator Leichter indicated, 8 going to a landfill possibly will put one of 9 these vehicles on a highway or a road. 10 I have to say this bill is before 11 us tonight because Senator Kuhl has tried to get 12 the Department of Transportation to remedy an 13 overly harsh fine schedule for these types of 14 vehicles and without success. The Assembly has 15 put together the fine schedule under this bill, 16 and I have to say it is the wrong route to be 17 going. 18 I'm not going to support this 19 bill and I'm not going to vote for it, but I 20 understand why Senator Kuhl has this bill before 21 us because most certainly, this bill is going to 22 be vetoed. This bill will send a message 23 through that veto message that the Department 8428 1 must realistically deal with this problem and 2 not deal with it with the solution that we have 3 here before us today, that is not of Senator 4 Kuhl's making, but of the Assembly's making as 5 it relates to reducing the fine schedule. 6 I vote no. 7 ACTING PRESIDENT LIBOUS: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT LIBOUS: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 57, nays 15 one, Senator Levy recorded in the negative. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 Senator Hoffmann. 19 SENATOR HOFFMANN: Just request 20 unanimous consent to be recorded in the negative 21 on Calendar Number 1674. 22 ACTING PRESIDENT LIBOUS: Without 23 8429 1 objection. 2 SENATOR JONES: Mr. President, 3 may I be recorded in the negative on 1674. 4 ACTING PRESIDENT LIBOUS: Without 5 objection. 6 Senator Kuhl. 7 SENATOR KUHL: May I have 8 unanimous consent to be recorded in the negative 9 on 1655. 10 ACTING PRESIDENT LIBOUS: 1655, 11 Senator Kuhl in the negative without objection. 12 Senator Larkin, did you rise for 13 a purpose? 14 (The Senator indicated no. ) 15 Senator Dollinger. 16 SENATOR DOLLINGER: May I also by 17 unanimous consent be recorded in the negative on 18 Calendar 1674. 19 ACTING PRESIDENT LIBOUS: Senator 20 Dollinger in the negative on 1674, without 21 objection. 22 THE SECRETARY: Calendar Number 23 1682, substituted earlier, by the Assembly 8430 1 Committee on Rules, an act to amend the 2 Agriculture and Markets Law. 3 ACTING PRESIDENT LIBOUS: Senator 4 Padavan, we have a message at the desk. 5 SENATOR PADAVAN: Move that we 6 accept it. 7 ACTING PRESIDENT LIBOUS: All 8 those in favor, say aye. 9 (Response of "Aye.") 10 Those opposed, nay. 11 (There was no response. ) 12 The ayes have it. The message is 13 accepted. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LIBOUS: Call 18 the roll. 19 (The Secretary called the roll. ) 20 ACTING PRESIDENT LIBOUS: Go 21 ahead. To explain your vote, Senator? 22 SENATOR OPPENHEIMER: To explain 23 my vote. 8431 1 ACTING PRESIDENT LIBOUS: Senator 2 Oppenheimer to explain her vote. 3 SENATOR OPPENHEIMER: This is the 4 negotiated Clean Air Act, which I'm going to 5 support. It is a much improved bill, and I want 6 to compliment Senator Johnson on his work with 7 the Assembly's committee. 8 The fee structure for the 9 stationary source pollution emissions has been 10 increased substantially, so now it starts at $6 11 and goes up to $25 per ton of emission. 12 Further, the DEC will promulgate 13 trip reduction -- you know, employee trip 14 reduction. And Westchester and Rockland and 15 Orange, the three counties that are north of New 16 York City that had been grouped in with the City 17 that were concerned about that, have been 18 separated out for employee trip reduction. 19 Thirdly, the prohibition has been 20 removed against making tighter regulations the 21 minimum standard. 22 And further, the California fuels 23 could be used. They are not excluded. 8432 1 So I think this is a far better 2 bill than we had before. 3 The one objection -- well, 4 "objection" is too harsh. The one thing we 5 would have preferred to see a little stronger 6 would have been the offset for incinerators in 7 New York City. They could have been stronger 8 than the 1.3 offset. 9 But aside from that, we believe 10 that this is a good bill, and we hope that in 11 the future New York State and the Legislature 12 would not so grudgingly meet the attainment 13 goals that have been set by the federal 14 government. 15 This meets the first attainment 16 standard, and we hope that there will be a less 17 grudgingly -- grudging movement to meet these 18 standards that have been set by the fed's. 19 I vote in the affirmative. Thank 20 you, Mr. President. 21 ACTING PRESIDENT LIBOUS: 22 Results. 23 THE SECRETARY: Ayes 57, nays 1. 8433 1 Senator Solomon recorded in the negative. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 SENATOR PADAVAN: Lay 1683 aside 5 temporarily, please. 6 ACTING PRESIDENT LIBOUS: 1683 is 7 laid aside temporarily. 8 THE SECRETARY: Calendar 1684, by 9 the Senate Committee on Rules, Senate Bill 10 Number 6203, Environmental Conservation Law. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 58. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 SENATOR PADAVAN: Mr. President, 22 would you return to reports of standing 23 committees, please. 8434 1 But first, if you would recognize 2 Senator Saland. 3 (Whereupon, Lt. Governor Lundine 4 was in the chair. ) 5 THE PRESIDENT: Senator Saland. 6 SENATOR SALAND: Thank you, Mr. 7 President. Mr. President, I would request 8 unanimous consent to be recorded in the negative 9 on Calendar 1674, Senate 5287A. 10 THE PRESIDENT: Without 11 objection, so ordered. 12 SENATOR SALAND: Thank you. I 13 also have a motion to amend a bill, Mr. 14 President. On page 27, I offer the following 15 amendments to Calendar 1580, Senate 21005, and 16 ask that the bill retain its place on the Third 17 Reading Calendar. 18 THE PRESIDENT: So ordered. 19 SENATOR PADAVAN: Mr. President, 20 return to the order of reports of standing 21 committees. 22 THE SECRETARY: Senator Stafford, 23 from the Committee on Finance, reports the 8435 1 following nominations: 2 Commissioner of the Tax Appeals 3 Tribunal, John P. Dugan, Esq., of Glenmont, and 4 Francis R. Koenig of Kingston. 5 Member of the Niagara Frontier 6 Transportation Authority, Marilyn Royer of North 7 Tonawanda; George L. Wessel of Lancaster; and 8 Theodore D. Williamson, Sr., of Niagara Falls. 9 Member of the Central New York 10 Regional Transportation Authority Eileen 11 Teachout of Syracuse. 12 THE PRESIDENT: The - 13 Senator Larkin. 14 SENATOR LARKIN: Mr. President. 15 I would like unanimous consent to be recorded in 16 the negative on Calendar - 17 THE PRESIDENT: Let us confirm 18 these nominees first. I'm sorry. I thought you 19 wanted to speak on them. 20 The question occurs on the 21 confirmation of the nominees. All those in 22 favor, say aye. 23 (Response of "Aye.") 8436 1 Opposed, nay. 2 (There was no response. ) 3 The ayes have it. The nominees 4 are confirmed. 5 Now, Senator Larkin. 6 SENATOR LARKIN: Mr. President, I 7 would like to have unanimous consent to be 8 recorded in the negative on Calendar Number 9 1674, Senate Print 5287A. 10 THE PRESIDENT: Without 11 objection, so ordered. 12 SENATOR PADAVAN: Now, Mr. 13 President. I believe there are some resolutions 14 at the desk, if they could be read and adopted. 15 THE PRESIDENT: Secretary will 16 read. 17 THE SECRETARY: Legislative 18 Resolution, by Senator Hannon, memorializing 19 Congress to incorporate specific standards into 20 the reform of our nation's health care policy. 21 Also, Legislative Resolution, by 22 Senator Galiber, commending Hattie Moseley 23 Austin upon the occasion of her retirement and 8437 1 her dedicated contributions to the Saratoga 2 Springs community. 3 Legislative Resolution, by 4 Senator Libous, honoring Francis M. Murphy for 5 his years of outstanding leadership and 6 selflessly dedicated public service to 7 Owego-Apalachin School District. 8 Legislative Resolution, by 9 Senator Bruno, honoring Aron Egner of 10 Shenendehowa High School upon the occasion of 11 his designation as one of six national finalists 12 in the Kaplun National Essay Contest. 13 Legislative Resolution, by 14 Senator Bruno, commending Shenendehowa High 15 School for leading the state of New York in the 16 number of teams qualifying for the Academic 17 Achievement Award. 18 Legislative Resolution, by 19 Senator Nolan, commending Peter Griffin, 20 principal of Clayton A. Bouton Junior/Senior 21 High School upon the occasion of his retirement. 22 Legislative Resolution, by 23 Senator Maltese, honoring Arlene Pedone for her 8438 1 contributions and dedicated service to the 2 Richmond High community. 3 THE PRESIDENT: The question is 4 on the adoption of the resolutions. 5 SENATOR SOLOMON: 1682, I would 6 like an explanation. 7 THE PRESIDENT: These are the 8 resolutions that were just read. 9 SENATOR SOLOMON: Yes. I'm 10 looking for my Resolution Calendar. It's 11 somewhere on my desk. 12 SENATOR PADAVAN: Do you have a 13 question on the first resolution, Senator 14 Solomon? 15 SENATOR SOLOMON: Yes, Senator 16 Hannon's resolution. 17 SENATOR PADAVAN: Lay that one 18 aside, please. 19 THE PRESIDENT: That resolution 20 is laid aside, and the question is on the 21 adoption of the other resolutions. 22 All those in favor say aye. 23 (Response of "Aye.") 8439 1 Opposed, nay. 2 (There was no response. ) 3 The ayes have it. The resolutions 4 are adopted. 5 SENATOR PADAVAN: Stand at ease 6 for a few moments, Mr. President, awaiting the 7 Rules calendar. 8 (Whereupon, at 3:11 a.m., the 9 Senate was at ease. ) 10 SENATOR PADAVAN: Mr. President, 11 on the main calendar, Calendar Number 470. 12 THE SECRETARY: On page 7 of the 13 main calendar of the day, on page 7, Calendar 14 Number - 15 SENATOR GOLD: Hold it one 16 second. 17 THE PRESIDENT: Senator Solomon. 18 SENATOR SOLOMON: Unanimous 19 consent to be recorded in the negative on 20 Calendar 1684. 21 THE PRESIDENT: Without 22 objection, so ordered. 23 SENATOR PRESENT: Mr. President, 8440 1 I wish to call up my bill, Print 1653A, recalled 2 from the Assembly which is now at the desk. 3 THE PRESIDENT: Secretary will 4 read. 5 THE SECRETARY: By Senator Cook, 6 Senate Bill Number 1653A, an act to amend the 7 Education Law. 8 SENATOR PRESENT: Mr. President, 9 I now move to reconsider the vote by which this 10 bill was passed. 11 THE PRESIDENT: The Secretary 12 will call the roll on reconsideration. 13 (The Secretary called the roll on 14 reconsideration. ) 15 THE SECRETARY: Ayes 58. 16 THE PRESIDENT: The bill is 17 before the house. 18 SENATOR PRESENT: Mr. President, 19 now that the bill has retained its place on 20 Third Reading, I offer the following amendments. 21 THE PRESIDENT: Amendments 22 received. 23 SENATOR PRESENT: Mr. President, 8441 1 I now move to discharge the Committee on Rules 2 from Assembly Print 8733 and substitute it for 3 my identical bill. 4 THE PRESIDENT: Substitution 5 ordered. 6 SENATOR PRESENT: Mr. President, 7 the Senate bill on first passage was voted 8 unanimously. I now move that the substituted 9 Assembly bill have its third reading at this 10 time. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Unanimous. 18 THE PRESIDENT: The bill is 19 passed. Pataki is negative. 20 SENATOR TULLY: Mr. President. 21 THE PRESIDENT: Senator Tully. 22 SENATOR TULLY: Was that Calendar 23 Number 470? Would you please advise me what 8442 1 calendar just passed? 2 THE SECRETARY: Calendar 511. 3 (Whereupon at 3:22 a.m., Senate 4 was at ease. ) 5 SENATOR PRESENT: Mr. President, 6 would you recognize Senator Larkin, please. 7 THE PRESIDENT: Senator Larkin. 8 SENATOR LARKIN: Mr. President. I 9 ask for unanimous consent to be in the negative 10 on Calendar 511, Senate 1653B, which was just 11 passed. 12 THE PRESIDENT: Without 13 objection, so ordered. 14 SENATOR LIBOUS: Mr. President. 15 THE PRESIDENT: Senator Libous. 16 SENATOR LIBOUS: Could we return 17 to motions? 18 Mr. President, on behalf of 19 Senator Mega, I wish to call up his bill, Senate 20 Print Number 5287A, which is now at the desk. 21 THE SECRETARY: By Senator Mega, 22 Senate Bill Number 5287A, an act to amend the 23 General City Law. 8443 1 SENATOR LIBOUS: Mr. President, I 2 now move to reconsider the vote by which the 3 bill was passed and ask that the bill be 4 restored to the order of third reading. 5 THE PRESIDENT: The Secretary 6 will call the roll on reconsideration. 7 (The Secretary called the roll on 8 reconsideration. ) 9 THE SECRETARY: Ayes 58. 10 THE PRESIDENT: The bill is 11 before the house. 12 SENATOR LIBOUS: Mr. President, I 13 now move to discharge from the Committee on 14 Rules Assembly Print Number 7690A and substitute 15 it for Senator Mega's identical bill. The 16 Senate bill on first passage was voted 17 unanimously. I now move that the substituted 18 Assembly bill have its third reading at this 19 time. 20 THE PRESIDENT: Substitution 21 ordered. Third reading. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8444 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 58. 4 THE PRESIDENT: The bill is 5 passed. 6 SENATOR DALY: Mr. President. 7 THE PRESIDENT: Senator Daly. 8 SENATOR DALY: May I have 9 unanimous consent to be voted in the negative on 10 Calendar Number 1655, Senate Print 6193. 11 THE PRESIDENT: Without 12 objection, so ordered. 13 SENATOR OPPENHEIMER: Mr. 14 President, I request unanimous consent to be 15 recorded in the negative on 1684. 16 THE PRESIDENT: Without 17 objection, so ordered. 18 SENATOR LEICHTER: Mr. President. 19 THE PRESIDENT: Senator Leichter. 20 SENATOR LEICHTER: Yes, Mr. 21 President. I was just handed some comments that 22 I think the members might find useful. These 23 were words by Oliver Cromwell when he dismissed 8445 1 the rump parliament on April 20, 1653, and he 2 said, "You have sat too long here for any good 3 you have been doing. Depart, I say, and let us 4 have done with you. In the name of God, go." 5 I suggest everyone take it to 6 heart. 7 (Whereupon, at 4:30 a.m., the 8 Senate reconvened with Senator Farley in the 9 chair. ) 10 ACTING PRESIDENT FARLEY: Good 11 morning, Senator Present. 12 SENATOR PRESENT: Good morning. 13 May we take up Calendar 470 on the main 14 calendar. 15 ACTING PRESIDENT FARLEY: 470. 16 That is on the regular calendar. 17 THE SECRETARY: On page 7, on the 18 main calendar of today, Calendar Number 470, by 19 member of the Assembly Lasher, Assembly Bill 20 Number 1829B, Private Housing Finance Law, in 21 relation to affordable housing development 22 loans. 23 ACTING PRESIDENT FARLEY: Read 8446 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 58. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 Senator Present. 11 SENATOR PRESENT: Calendar 1371. 12 ACTING PRESIDENT FARLEY: 1371, 13 on page 23 of the regular calendar. 14 THE SECRETARY: Calendar Number 15 1371, by member of the Assembly Lasher, Assembly 16 Bill Number 5823, Real Property Law. 17 ACTING PRESIDENT FARLEY: Read 18 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. ) 8447 1 THE SECRETARY: Ayes 59. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 SENATOR PRESENT: Calendar 1548, 5 please. 6 ACTING PRESIDENT FARLEY: 1648, 7 Senator? 8 SENATOR PRESENT: 1548. 9 ACTING PRESIDENT FARLEY: 1548. 10 That's on page 27 of the regular calendar. 11 THE SECRETARY: Calendar Number 12 1548, by the Assembly Committee on Rules, 13 Assembly Bill Number 8665, an act to amend the 14 Education Law. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 58. 23 ACTING PRESIDENT FARLEY: The 8448 1 bill is passed. 2 Senator Present. 3 SENATOR PRESENT: Calendar 1347. 4 ACTING PRESIDENT FARLEY: 1347. 5 We have a message on this one, Senator Present. 6 THE SECRETARY: Calendar Number 7 1347, by Senator Johnson, Senate Bill Number 8 5947C, an act to amend the Public Health Law. 9 SENATOR PRESENT: Mr. President, 10 I move we accept the message which is at the 11 desk. 12 ACTING PRESIDENT FARLEY: All 13 those in favor of accepting the message, say 14 aye. 15 (Response of "Aye.") 16 Those opposed, nay. 17 (There was no response. ) 18 The message is accepted. 19 Explanation has been asked for. 20 Senator Johnson. 21 SENATOR JOHNSON: Mr. President, 22 this bill is going to transfer the 23 responsibility from monitoring the generators of 8449 1 regulated medical waste from the Department of 2 Environmental Conservation, who has already 3 really given up the task though they're still 4 charged with it, who are no longer operating 5 that program, to the Department of Health, to 6 clarify the definition of regulated medical 7 waste as those wastes which pose a threat to 8 humans. 9 You may remember in 1988, I 10 believe it was, '87, '88, we passed a law in 11 this state dealing with medical waste after the 12 great medical wastes washed up on the beached. 13 Subsequently, the federal government got into 14 the act creating a medical waste bill. Our 15 program and Jersey's program operated for some 16 period of years. 17 We found out that -- when the 18 federal government finally abandoned the 19 program, we found out it wasn't necessary to 20 classify all these materials as medical waste, 21 that they could be autoclaved and safely dealt 22 with as any other waste once it was treated in 23 the autoclave. 8450 1 What this really does is turns 2 this whole program over to the Department of 3 Health. They are classifying what is medical 4 waste, what is infectious and what is not, and 5 setting forth the procedure by which this is to 6 be handled. 7 It will save a lot of money for 8 doctors' offices and hospitals and nursing homes 9 and so forth, and still will protect adequately 10 the public health of the people of this state. 11 (Whereupon, Lt. Governor Lundine 12 was in the chair. ) 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 57, nays 20 one, Senator Pataki recorded in the negative. 21 THE PRESIDENT: The bill is passed 22 SENATOR PRESENT: Hold one 23 second, please. 8451 1 Mr. President, can we return to 2 reports of standing committees and hear one, if 3 there is one there. 4 THE PRESIDENT: Secretary will 5 read. 6 THE SECRETARY: Senator Marino, 7 from the Committee on Rules, reports the 8 following bills directly for third reading: 9 Senate Bill Number 4242A, by 10 Senator Volker, amends Chapter 68 of the Laws of 11 1968, Capital Construction Budget. 12 5824A, by Senator Marchi, 13 Education Law and the Public Authorities Law. 14 5916B, by Senator Holland, Public 15 Health Law. 16 5995, by the Committee on Rules, 17 confers jurisdiction upon the Court of Claims. 18 6007, by Senator Padavan, 19 Education Law and the Civil Service Law. 20 6186, by the Committee on Rules, 21 amends chapter of the Laws of 1993. 22 6201, by Senator Espada, 23 Education Law. 8452 1 6205, by Senator LaValle, 2 Education Law. 3 And 6206, by the Committee on 4 Rules, temporary task force on railroad taxes. 5 All bills reported directly for 6 third reading. 7 THE PRESIDENT: Third reading. 8 Senator Holland. 9 SENATOR HOLLAND: Mr. President, 10 on Supplemental Number 4, I offer the following 11 amendments to Calendar 1686, Senate Print Number 12 5916B, and ask that the bill retain its place on 13 the Third Reading Calendar. 14 THE PRESIDENT: Without 15 objection, so ordered. 16 SENATOR PRESENT: Mr. President. 17 Take up Calendar Number 1683. 18 THE PRESIDENT: Secretary will 19 read. 20 SENATOR TULLY: Mr. President. 21 THE PRESIDENT: Senator Tully. 22 SENATOR TULLY: Other than the 23 bills before us, do we have a Supplemental 8453 1 Calendar 4 which has been distributed? 2 THE PRESIDENT: Supplemental 4? 3 SENATOR TULLY: I don't have -- I 4 don't know if any member of the chamber has it. 5 THE PRESIDENT: Neither do I. 6 The Chair will advise that the 7 Supplemental Calendar 4 is now being distrib 8 uted, and also, Senator Present, I thought I 9 understood, wanted to call up Calendar Number 10 1683. However, that bill is high, and I do not 11 have a message at the desk. 12 SENATOR PRESENT: We made a 13 mistake. 1680. Is that high too? 14 THE PRESIDENT: The bill is also 15 high, and I do not have a message. 16 SENATOR LIBOUS: Mr. President. 17 THE PRESIDENT: Senator Libous. 18 SENATOR LIBOUS: Could we return 19 to motions for a second? 20 THE PRESIDENT: Certainly. 21 SENATOR LIBOUS: Mr. President, 22 on behalf of Senator Stafford, I wish to call up 23 his bill, Print Number 2523, recalled from the 8454 1 Assembly which is now at the desk. 2 THE PRESIDENT: Secretary will 3 read. 4 THE SECRETARY: By Senator 5 Stafford, Senate Bill Number 2523, an act to 6 amend the County Law. 7 SENATOR LIBOUS: God bless you! 8 Mr. President, I now move to reconsider the vote 9 by which this bill was passed. 10 THE PRESIDENT: Call the roll on 11 reconsideration. 12 (The Secretary called the roll on 13 reconsideration. ) 14 THE SECRETARY: Ayes 58. 15 SENATOR LIBOUS: Mr. President, I 16 offer up the following amendments. 17 THE PRESIDENT: Amendments 18 received. 19 SENATOR PRESENT: Mr. President, 20 let's try 727. 21 THE PRESIDENT: 727. 22 SENATOR PRESENT: 727, on the 23 main calendar. No? He says no. 8455 1 THE PRESIDENT: This bill is not 2 on the calendar, and it will be distributed. 3 THE SECRETARY: Calendar Number 4 727, Senator Levy moves to discharge the 5 Committee on Rules from Assembly Bill Number 6 8726-A and substitute it for the identical 7 Senate Bill Number 4887-C. 8 THE PRESIDENT: Substitution 9 ordered. 10 SENATOR PRESENT: Mr. President, 11 is there a message of necessity at the desk? 12 THE PRESIDENT: Yes, there is. 13 SENATOR PRESENT: I move we 14 accept the message. 15 THE PRESIDENT: On the motion, 16 all those in favor say aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response.) 20 The motion is agreed to. The 21 message is accepted. 22 SENATOR GOLD: Mr. President. 23 THE PRESIDENT: Senator Gold. 8456 1 SENATOR GOLD: Yeah. Would 2 Senator Levy explain the difference between the 3 "B" print and the "C" print? 4 SENATOR LEVY: Yes, the "B" print 5 had an additional requirement that the Water 6 Authority, in the absence of a pilot agreement 7 in lieu of taxes, or an action by a governmental 8 unit to waive its taxes, that the Authority 9 continue to pay taxes. This -- this, the "C" 10 print, deletes that, Senator Gold, and -- and 11 limits the option to -- limits the action to the 12 in lieu of taxes provision. 13 SENATOR GOLD: Well, Senator, in 14 terms of the whole bill, would you give me an 15 idea? 16 SENATOR LEVY: Oh, yeah, I'm 17 sorry. What -- first, two years ago we did a 18 bill to create a Southeastern Nassau Water 19 Authority which empowered the Water Authority, 20 if it made a determination to do so, to take 21 over the New York Water Company. 22 What -- what the "B" print did 23 and the "A" print was to require a public 8457 1 referendum and that, in the absence of a taxing 2 unit, in the absence of a taxing unit waiving 3 property taxes or a pilot agreement, that the 4 Water Authority, if it took over New York Water, 5 would continue to pay property taxes. 6 What the "C" print does is remove 7 the mandate that the Water Authority has to pay 8 property tax. That's the difference between the 9 "B" and the "C". 10 SENATOR GOLD: Thanks, Senator. 11 Last section. 12 THE PRESIDENT: Last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 58. 18 THE PRESIDENT: The bill is 19 passed. 20 SENATOR PRESENT: Calendar 1679. 21 THE SECRETARY: Calendar Number 22 1679, by the Committee on Rules, Senate Bill 23 Number 6173-A, providing for the development and 8458 1 modernization of major league sports 2 facilities. 3 SENATOR PRESENT: Mr. President, 4 I move that we accept the message which I 5 believe is at the desk. 6 THE PRESIDENT: It is at the 7 desk. On the motion, all those in favor say 8 aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response.) 12 The ayes have it. The motion is 13 agreed to. The message is accepted. 14 SENATOR GOLD: Last section. 15 SENATOR DOLLINGER: Mr. 16 President, could I ask for an explanation? 17 SENATOR VOLKER: Mr. President. 18 You asked for an explanation? 19 THE PRESIDENT: Last - 20 SENATOR DOLLINGER: Are you going 21 to do it? O.K. 22 THE PRESIDENT: I'm sorry. 23 Senator Dollinger. 8459 1 SENATOR DOLLINGER: Mr. 2 President, I asked for an explanation. We're on 3 1679. 4 THE PRESIDENT: 1679. 5 SENATOR DOLLINGER: General 6 explanation, and then I have one question from 7 the sponsor. 8 THE PRESIDENT: On page 2 of 9 Supplemental Calendar 3, Senator Dollinger asks 10 for an explanation. 11 SENATOR SHEFFER: Sure. Mr. 12 President, regrettably, not everyone in the 13 state does, but I think the people in this room 14 realize that tourism, including recreation and 15 sporting activities, is our state's second 16 largest industry and, if our state is going to 17 have a strong economic future and enduring 18 quality of life, that tourism, recreation and 19 sporting activities is necessarily going to be a 20 critically important part of that picture. 21 The bill that we have in front of 22 us establishes a program, a process within the 23 Urban Development Corporation, to speak to a 8460 1 specific goal within that industry, and that's 2 sports facility needs in our state. It's 3 structured very much like some other programs, 4 the REDS program, Higher Ed. Applied Technology 5 Fund. It's a process to which applicants can 6 apply for help from the state in renovating or 7 building facilities. 8 In short, the state has been 9 approached for many millions of dollars for help 10 in constructing sports facilities. It would be 11 nice if we could ride in on a white horse with 12 all the money required and just dole it out. 13 Regrettably in the 1990s, we don't have that 14 luxury and instead have to structure as 15 deliberate and careful a program as we can for 16 the state to be a partner in those efforts, but 17 not to single-handedly try to fund them. 18 There are some very specific 19 needs. For example, minor league baseball in 20 our state, we're proud to have 15 minor league 21 teams, more than any other state in the nation, 22 representing all three leagues, Triple A, Double 23 A, Single A leagues. Each of those teams is 8461 1 under a mandate, if you will, from professional 2 baseball, to meet new facility standards by 3 April of 1994 if they are going to retain their 4 minor league franchise. 5 They have come to us, some of the 6 stadia in this state being over a hundred years 7 old, and say, We'd like to meet those 8 standards. We want to retain our team, but we'd 9 like the state to be a partner in -- in helping 10 us do that. 11 This program structures that 12 effort, sets up the process through UDC, that 13 those minor league baseball teams or major 14 league teams from other sports can apply and 15 seek help from the state, and there are criteria 16 for UDC agreeing that -- to that, and there are 17 standards. Just to use examples that, for a 18 major league team, the program is structured on 19 the basis of a loan rather than a grant, and the 20 maximum amount that can be received is 25 21 percent. For a minor league team, it is based 22 on a grant. 23 That, in a nut shell, is what 8462 1 this program is all about. If you have more 2 specifics that I can speak to, I'd be happy to. 3 SENATOR DOLLINGER: Mr. 4 President, if Senator Sheffer would just yield 5 to a couple questions. 6 THE PRESIDENT: Senator Dollinger 7 is recognized. 8 SENATOR DOLLINGER: Senator, the 9 area of concern I have is Section 12 of the bill 10 that involves a -- or maybe implicated a 11 situation that may arise in the city of 12 Rochester where we have a facility in one 13 portion of the city that may relocate to another 14 portion, and it's my understanding as I read 15 that language -- I'd just like to walk through 16 it to make sure that we have similar under 17 standings on this -- that this section delegates 18 to the municipality the obligation to conduct an 19 initial assessment of environmental and economic 20 impacts for the proposed relocation of a 21 stadium. Is that correct? 22 SENATOR SHEFFER: It is. The 23 burden for it is on the municipality, the 8463 1 community, and the purpose of it is to say that 2 where a decision is made locally that there will 3 be a relocation, that as a matter of public 4 policy, we're saying that the environmental and 5 economic implications of that ought to be 6 reviewed by the municipality as a part of that 7 process. 8 SENATOR DOLLINGER: O.K. And 9 again, through you, Mr. President, it talks 10 about a determination being made both with 11 respect to the economic and environmental 12 impacts and then a decision made about whether a 13 further environmental study would be needed, the 14 filing of an EIS, and finally the creation of a 15 financial assistance plan for the spot that is 16 vacated in the event there is a relocation, and 17 it's my understanding in discussions with you 18 and other members of the staff that all of those 19 determinations will rest with the municipal 20 government. Is that correct? 21 SENATOR SHEFFER: That's 22 correct. 23 SENATOR DOLLINGER: On the bill, 8464 1 Mr. President. 2 This bill represents sort of an 3 interesting experience for me because I came 4 along in this Legislature just at the time that 5 Senator Sheffer held his hearings about minor 6 league baseball and the future of minor league 7 baseball in this state, and I've been impressed 8 not only with the work that he has done as the 9 chairman of the Tourism and Recreation Committee 10 but the work that's been done by, frankly, 11 people around the state. I point to Senator 12 Daly, my colleague from the west, Senator 13 Nozzolio, both on behalf of Monroe County. 14 The stadium in Monroe County will 15 be moved inside my district. All three of the 16 sites that have been talked about are inside my 17 district, but I appreciate the interest, the 18 concern and the diligence of my three colleagues 19 from the west in bringing this bill to 20 fruition. 21 I think it does an awful lot. I 22 think it charts new ground in our relationship 23 between the state government, the financing and 8465 1 the partnership with local governments and also, 2 most critically, the relationship with the major 3 leagues and with the Professional Baseball 4 Association, because I think there has to be a 5 recognition, which this bill incorporates, that 6 everyone is a player in this game, and that we 7 all have to make sure that we're communicating 8 with one another and understand the fundamental 9 tenets that go into this treasured sport of 10 baseball. 11 So I congratulate those who have 12 worked on this bill. I know it's been a long 13 haul. I think it's a good bill. With Senator 14 Sheffer's further comments and further guidance 15 to me as to what the responsibility will be of 16 the municipality, in my case the city of 17 Rochester, I'm prepared to support it, and I 18 would urge all my colleagues to do so. 19 THE PRESIDENT: Senator Daly. 20 SENATOR DALY: Mr. President, on 21 the bill, I, too, would like to go through 22 Section 12 so that we have no confusion on 23 this. The language is very broad, and I think 8466 1 we have to be quite specific so that we fully 2 understand the intent of that language, and 3 Senator Dollinger touched on it and just one 4 point he made, and I'm not sure I understand the 5 answer. I think I understand the bill. I want 6 to make sure I'm right. 7 Where you have a -- if the 8 Senator would yield. 9 SENATOR SHEFFER: Sure. 10 SENATOR DALY: On that, you'll 11 note on line 27 a statement where -- a statement 12 on economic and environmental impacts, assessing 13 the impact of the proposed relocation. 14 Now, the proposed relocation. 15 That environmental impact and that economic 16 impact is on the existing -- the existing 17 stadium. For example, if you're moving from 18 Stadium A and building Stadium B, the 19 environmental impact and economic impact 20 statement that's mentioned in here deals with 21 Stadium A, the stadium you're closing down; is 22 that correct? 23 SENATOR SHEFFER: That is 8467 1 correct. 2 SENATOR DALY: It does not deal 3 with Stadium B, in other words, the new area 4 you're going into except for the ordinary 5 environmental impact? 6 SENATOR SHEFFER: That's right. 7 I wouldn't want to imply that they wouldn't have 8 to do any impact analyses under SEQR or anything 9 else, but under this bill it's the location, the 10 stadium from which you're moving. 11 SENATOR DALY: And, again, 12 ordinarily you would expect an environmental 13 impact statement or at least a study be made of 14 an area in which you're going to build the 15 stadium, but you would not expect an economic 16 impact statement; is that correct? 17 SENATOR SHEFFER: Right. 18 SENATOR DALY: So, therefore, 19 what the language means is that the economic and 20 environmental impact that's mentioned in Section 21 12 will be in that area of -- in the particular 22 case of Rochester would be in the Silver Stadium 23 area, the stadium that's closing down and, again 8468 1 importantly, the -- it is the municipality for 2 instance -- for the record, would you define the 3 municipality in this particular section? Is 4 that a city? 5 SENATOR SHEFFER: Yes. 6 SENATOR DALY: For example, if we 7 were talking about Rochester, then the 8 municipality would be the city of Rochester. 9 SENATOR SHEFFER: Correct. 10 SENATOR DALY: All right. Thank 11 you very much. 12 SENATOR DOLLINGER: Mr. Presi 13 dent, if I may just for one quick question. I 14 concur with Senator Daly's description, and I 15 believe that Senator Sheffer's answer is 16 consistent with my understanding as well, so I 17 think the point is well qualified and I 18 apologize to Senator Solomon for jumping up. 19 THE PRESIDENT: Senator Solomon. 20 SENATOR SOLOMON: Will the 21 sponsor yield, please? 22 SENATOR SHEFFER: Sure. 23 SENATOR SOLOMON: Senator 8469 1 Sheffer, I just went through the bill and I have 2 to try and get some answers. In Brooklyn, we 3 are trying to build a sports stadium, though, in 4 fact the initial intent of the sports stadium is 5 going to be to cater to amateurs, about 7,000 6 people in an outdoor facility and then a 7 possible 12,000 people in an indoor facility. 8 Would they be able to get any benefits under 9 this bill? 10 We have -- we have a not-for 11 profit corporation, I believe Senator Mega 12 sponsored that bill. It should have already - 13 I believe it passed already. 14 SENATOR SHEFFER: It's difficult 15 for me to speak to a specific stadium or, in 16 this case, proposal, and answer the question 17 definitively. I -- in -- under the definition 18 of "sports facility," it says "facility or arena 19 to be utilized for the operation of profession 20 al -- of a professional major league sports 21 team, a professional minor league baseball team" 22 and then I think the operative language from 23 your standpoint "and other sports facilities of 8470 1 regional or national significance." 2 And so, if the proposal to which 3 you're referring could be described as being of 4 regional or national significance, the answer 5 would be yes. Doesn't guarantee money to that 6 project, but would make you eligible to apply. 7 SENATOR SOLOMON: O.K. Thank you, 8 Senator. 9 SENATOR GOLD: Last section. 10 THE PRESIDENT: Senator 11 Stachowski. 12 SENATOR STACHOWSKI: Mr. 13 President, I just rise to compliment Senator 14 Sheffer on the bill. I know all the work that 15 went into getting this bill worked out. I had 16 the pleasure of sitting in on his minor league 17 baseball hearings and know how important the - 18 that piece is to every community that has a 19 minor league team with the added pressure of 20 major league demands for upgrading their 21 facilities and the fact that a lot of those 22 small communities, although they enjoy the 23 baseball, don't have the wherewithal to do that 8471 1 kind of upgrading, and I think John's 2 recognition of that in putting this together, as 3 well as being someone from Buffalo and seeing 4 that the bill also contains a piece to make sure 5 that the Buffalo Sabres remain the Buffalo 6 Sabres, because of the facility that will 7 probably qualify there, answers a major question 8 for the people in Buffalo and the western New 9 York area that are proud to have the Sabres as 10 their hockey team, and this bill also goes a 11 long way to make sure that that continues in the 12 future, and I just wanted to rise and compliment 13 John on that and ask everyone to support the 14 bill. 15 THE PRESIDENT: Senator Volker. 16 SENATOR VOLKER: Mr. President, 17 very quickly, let me also compliment Senator 18 Sheffer and say that the part of this bill 19 relating to the minor leagues is undoubtedly an 20 important part, but for us in Buffalo and in 21 Rochester, because I think one thing the people 22 in Rochester should realize that if the Buffalo 23 Sabres had to move its franchise, then the 8472 1 Rochester Americans which is their American 2 League -- American Hockey League franchise would 3 also have been lost, as well as two other pro 4 franchises that are presently in the Memorial 5 Auditorium in Buffalo. 6 This bill, and there's another 7 chapter amendment that's coming to the local 8 bill, is the catalyst that helps to hatch a 9 project, a local public-private project 10 totalling over $100 million, I think about 115 11 to $118 million if I'm not mistaken, called 12 Crossroads which is designed to keep the Buffalo 13 Sabres in Buffalo, and provide a sports facility 14 in Buffalo of great proportions and also to 15 provide an economic development for the water 16 front in Buffalo. 17 It is something that has been 18 sought by the western New York delegation and, 19 in conjunction with Senator Sheffer's attempt to 20 deal with minor league stadiums in Rochester and 21 Syracuse and a number of other areas, this has 22 been developed with the Governor and the 23 Assembly, with Assemblyman Eve and Assemblyman 8473 1 Bragman and Gantt in Rochester, Senator Daly in 2 this house and, of course, Senator Sheffer, is, 3 I think one of the most important things that is 4 going to be passed this session. 5 I don't think people really 6 realize the enormity of the revenue that sports 7 bring in in this state. I know they don't, and 8 I think that we better understand that it is big 9 business and it's big business that we better 10 deal with, because it's a very needed business. 11 SENATOR GOLD: Last section. 12 THE PRESIDENT: Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: Yes. This 15 has been an interesting process for me because, 16 when I first got onto -- into the Senate, it 17 seemed all the publicity was that this was a 18 done deal, there was already a bill pending in 19 the Assembly that was going to take care of the 20 amount of money that Syracuse needed to build 21 their stadium. 22 Nothing was further from the 23 truth. The process was in its infancy when I 8474 1 became a Senator, and I learned very quickly 2 that appearances really weren't necessarily the 3 same as reality. Fortunately, Senator Sheffer 4 was extremely gracious to me. Being able to 5 share a conference room with him, he learned 6 very early on that he was going to have me as a 7 nuisance pertaining to this bill all the way 8 through the process. 9 It reached a very big setback, I 10 think, a few weeks ago when the Governor came 11 out with his original package, which indicated a 12 25 percent cap on funding for new stadia, a new 13 stadium, which would have killed the stadium in 14 Syracuse. 15 The Senate negotiators were 16 outstanding in removing that cap in this 17 particular bill, for without that removal, we 18 would be in deep trouble. We would not have a 19 new stadium in Syracuse. 20 So now that it's becoming a 21 reality and all the conditions that are met, 22 required of a city to demonstrate the need are 23 in place and one very important thing that 8475 1 hasn't been mentioned that was Senator Sheffer's 2 idea, and that is that the parent club is going 3 to have to make a commitment to the community. 4 They just can't come in and take the funds of 5 the state of New York and decide they want to 6 leave without having to reimburse the state for 7 that investment, a very, very important piece of 8 this particular legislation. 9 I want to thank Senator Sheffer 10 not only for shepherding this thing through, but 11 also for making me a part of it, a small part of 12 it, but at least a part of it to benefit my 13 district as well. 14 THE PRESIDENT: Senator 15 Masiello. 16 SENATOR MASIELLO: Thank you very 17 much, Mr. President. 18 Certainly, John, thank you for 19 providing tremendous leadership. You've done a 20 yeoman job in putting this bill together to 21 ensure major league sports in Buffalo, but also 22 minor league sports throughout the state of New 23 York. Your leadership, working along with the 8476 1 Assembly and the Governor, really made this bill 2 become a reality. 3 But to Buffalo it means an awful 4 lot, Mr. President. It ensures that Buffalo 5 will remain a major league sports city for 6 hockey, for soccer, for rugby, for lacrosse. It 7 will ensure that we will have a first class 8 facility to help us draw entertainment from all 9 over the country. It will be a catalyst for the 10 revitalization of our waterfront in downtown 11 Buffalo, and I think more importantly it shows 12 that with a team effort we can be successful. 13 The city, the county, certainly have contributed 14 to this arena. The Knox family, the owners of 15 the Sabres and the lacrosse and the soccer team, 16 have contributed upwards of 50 percent to the 17 new facility. So this partnership of public and 18 private entities working together will ensure 19 that Buffalo will remain a major league sports 20 team with a first class facility and certainly 21 would help rejuvenate and revitalize our water 22 front, and I'm looking forward to this becoming 23 a reality. 8477 1 Thank you, Mr. President. 2 SENATOR GOLD: Last section. 3 SENATOR DALY: Mr. President. 4 THE PRESIDENT: Senator Daly. 5 SENATOR DALY: Would Senator 6 Sheffer yield for two more questions? 7 SENATOR SHEFFER: Yes. 8 SENATOR DALY: Going back to 9 Section 12, we have at line 55 and I should have 10 asked it before, and I forgot to. The munici 11 pality which again we've said is Rochester and 12 you're talking about the Rochester program, and 13 the private sector. Now, it's my understanding 14 the private sector in this particular case would 15 be the Rochester baseball team; is that correct? 16 SENATOR SHEFFER: Yes. I - 17 again, similar to Senator Solomon, I have 18 difficulty responding regarding specific teams 19 and municipalities not being familiar with them 20 all. In your specific instance, I believe the 21 answer is yes. 22 SENATOR DALY: Thank you, 23 Senator. 8478 1 On page 3, line 16, it says, 2 language that follows: State funding for 3 projects that involve the development or 4 modernization of sports facilities shall not 5 exceed $60 million in the period April 1, 1994 6 through March 31st, 1998. 7 Does that necessarily mean, 8 Senator, that any municipality can get no more 9 than 25 percent in one year, or is that really 10 spread out over four years? 11 SENATOR SHEFFER: It -- it's a 12 $60 million total for four years and we have not 13 attempted to structure it, 25 percent, 25 14 percent, and so on. 15 SENATOR DALY: In other words, it 16 could be 50, 25, 50 and 10? We don't -- the 17 bill does not mandate that it's the 25 percent 18 equally. 19 SENATOR SHEFFER: Correct. 20 SENATOR DALY: On the bill, Mr. 21 President. 22 I, too, would particularly like 23 to thank Senator Sheffer for his work in this 8479 1 area. I stand with my right foot in the Buffalo 2 area and my left foot in the Rochester area, so 3 I have two reasons to be thankful and again, I 4 want to apply myself to the -- the Rochester 5 area and state for the record that the only 6 facility that has been discussed as far as this 7 bill is concerned is the baseball facility, and 8 I think in the case of Rochester, it's 9 particularly important to make that point and 10 make that point emphatically. 11 The monies that are in here are, 12 hopefully, for Rochester concern only the 13 Rochester baseball facility, and I say that, Mr. 14 President, for the record, and I think Senator 15 Sheffer agrees with me. And the nod of his 16 head, by the way, Mr. President, indicates that 17 he does. 18 SENATOR SHEFFER: Mr. President, 19 let me not rely on the nod of the head but 20 respond in the affirmative and also take the 21 opportunity to thank the really enormous number 22 of people, colleagues in this chamber on both 23 sides of the aisle, people from communities 8480 1 across this state involved in professional and 2 minor league baseball and hockey and other 3 sports, in making this effort a success. 4 THE PRESIDENT: Last section. 5 SENATOR DOLLINGER: Mr. 6 President. 7 THE PRESIDENT: Senator 8 Dollinger. 9 SENATOR DOLLINGER: On the 10 clarification, in response to Senator Daly, I 11 agree with his assessment that this bill as 12 currently drafted addresses the baseball issues 13 specifically, but there is also language in the 14 general clause which talks about the state's 15 indication that there are major -- line 3 or 4, 16 I've got an earlier printed draft, I don't have 17 the final printed draft, but it says 18 "professional minor league baseball stadia and 19 other sports facilities of regional or national 20 significance," and I don't think that that term 21 would necessarily preclude any other facility in 22 Rochester at some other time being a part of the 23 mix. But I agree with Senator Daly that this at 8481 1 least in its strong intent is driven by baseball 2 and I don't think that I at this stage can rule 3 out the possibility that it may apply to another 4 major league facility in the city of Rochester. 5 THE PRESIDENT: Senator Kuhl. 6 SENATOR KUHL: Will the sponsor 7 yield to just a couple questions? 8 SENATOR SHEFFER: Sure. 9 SENATOR KUHL: Senator Sheffer, I 10 think I heard you say that particularly as it 11 relates to the minor leagues in baseball that 12 there was a requirement that they were going to 13 have to rearrange or redo their facilities by 14 April 1st, 1994, is that correct? 15 SENATOR SHEFFER: According to 16 the PBA, the Professional Baseball Association 17 agreement between the major and the minor 18 leagues signed in 1991. 19 SENATOR KUHL: So there was a 20 deadline for these communities if they were to 21 comply with that agreement to renovate their 22 facilities by April 1st, 1994; is that correct? 23 SENATOR SHEFFER: Yes. 8482 1 SENATOR KUHL: And if I read the 2 bill correctly, I believe that this funding does 3 not become available until April 1st, 1994 at 4 the earliest, is that correct? 5 SENATOR SHEFFER: Yes, and, of 6 course, only upon the action of the Legislature 7 as function of the 1994-95 budget next March. 8 SENATOR KUHL: Now, keeping all 9 of that in mind, is there anything in this bill 10 that would provide funds to those communities 11 that have already embarked upon the renovation 12 of their facilities to comply with those 13 contracts and are already completing 14 construction, or is this to prospective kind of 15 construction that's to be occurring in the years 16 ahead? 17 SENATOR SHEFFER: No, there is 18 not. It's for prospective work. 19 SENATOR KUHL: Does it seem - 20 well, let me say to you, Senator Sheffer, has 21 any consideration been given by you or staff 22 about making, essentially, reimbursement for 23 communities who have tried to comply with the 8483 1 regulations, the contracts that have been placed 2 upon them, that you're aware? 3 SENATOR SHEFFER: What we are 4 responding to here is a request, speaking just 5 to minor league baseball, that was presented to 6 our committee at a February 9th hearing, on 7 behalf of the teams in -- our 15 minor league 8 teams in our state represented by the three 9 leagues, and within that request was -- was not 10 any dollars for retroactive -- for past work. 11 And so the answer is no, and we've attempted to 12 speak to the request that was given to the 13 state. 14 SENATOR KUHL: Was it your 15 intention, Senator Sheffer, to deny a community 16 who's been trying to comply with the request and 17 requirements of the contractual agreement so 18 that they could essentially save the baseball 19 teams under the threat of removal from their 20 particular localities? 21 SENATOR SHEFFER: No, I don't 22 think that there's any affirmative action here 23 to deny, and over these next number of months 8484 1 until the program is complete, or the next step 2 of it is complete, with the appropriation, I can 3 state to you that you are raising a proper and 4 reasonable question, that those who have 5 negotiated this bill, certainly including both 6 houses and the Governor, and many communities 7 around this state can take an active look at the 8 question that you have raised. I can not 9 guarantee to you that there would be an answer 10 satisfactory to you, but I think that you're 11 raising a proper question, to which there ought 12 to be a response. 13 SENATOR KUHL: Are you aware of 14 any other communities that have embarked upon 15 the reconstruction of their facilities in the 16 minor league baseball setting? 17 SENATOR SHEFFER: One of the 18 interesting things about this whole effort is 19 how very different each of the communities is, 20 and there are some, for example, in Buffalo who 21 built the stadium several years ago. It already 22 meets the standards, and it just isn't an issue 23 here. There are -- there is at least one where 8485 1 the major league team owns the stadium, and so 2 the major league team themselves put a lot of 3 money into stadium renovation like in 4 Binghamton. 5 In Elmira, I understand, and I 6 don't pretend to be expert on the status of each 7 of these, that the community has acted on their 8 own initiative to at least begin renovations. 9 That's been true in a city that I am familiar 10 with and represent, Batavia, but the answer to 11 your question is, of the 15, each and every one 12 is different and some are farther along the line 13 than others. 14 And I do want to say with respect 15 to the April 1st, '94 PBA deadline that it is 16 quite literally impossible, even with the pass 17 age of this bill and the subsequent appropria 18 tion in the next budget for most of our teams to 19 meet that deadline, and so a very important part 20 of our hearing in February and the work that's 21 been done since and a motivation behind the 22 passage of this bill is to give us the leverage 23 to go to the major leagues and say, We in New 8486 1 York State have acted deliberately in good faith 2 to move this process along and to help our minor 3 league teams that have been such a critically 4 important part of the history and fabric of 5 those communities, and now what we need out of 6 you, Commissioner's office and major league 7 teams, is flexibility regarding those deadlines 8 and we've been given encouragement that because 9 of this action that the state has taken that we 10 will be given that flexibility. I just didn't 11 want to leave the April 1st issue sit with that 12 question mark. 13 SENATOR KUHL: Just one last 14 question, Senator Sheffer. Would you be willing 15 to consider an amendment to this particular 16 piece of legislation that would allow for 17 communities like Elmira who have, in all good 18 faith, attempted to comply with that April 1st 19 deadline and have completed a good portion of 20 that construction at considerable expense, to be 21 reimbursed, so to speak, for those outlays in 22 finances? 23 SENATOR SHEFFER: Senator, the 8487 1 answer to your question is yes, speaking for 2 myself. I want to emphasize, though, that this 3 is an agreed, negotiated bill among three 4 parties and to achieve a chapter amendment that 5 speaks to that purpose will, of course, not just 6 take my concurrence but the concurrence of all 7 of those parties. 8 SENATOR KUHL: I appreciate that, 9 and thank you. 10 THE PRESIDENT: Last section. 11 THE SECRETARY: Substitution. 12 Senator Marino moves to discharge the Committee 13 on Rules from Assembly Bill Number 8865 and 14 substitute it for the identical Third Reading 15 1679. 16 THE PRESIDENT: Substitution 17 ordered. 18 SENATOR GOLD: Last section. 19 THE PRESIDENT: Last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 8488 1 THE SECRETARY: Ayes 58. 2 THE PRESIDENT: The bill is 3 passed. 4 SENATOR KUHL: Mr. President, 5 would you now call up Calendar Number 1582. The 6 bill has been laid on the members' desks. 7 THE PRESIDENT: Secretary will 8 read. 9 THE SECRETARY: The Assembly 10 returned the Senate Committee on Rules bill, 11 Senate Bill Number 6116, with an Assembly 12 Reprint Number of 30003, authorize the 13 participation of local government units and 14 agencies in the development and construction of 15 sports and entertainment complex in the city of 16 Buffalo, with amendments. 17 THE PRESIDENT: Concur in the 18 amendments and restore the bill to third 19 reading. 20 SENATOR KUHL: Is there a message 21 at the desk, Mr. President? 22 THE PRESIDENT: There is a 23 message. 8489 1 SENATOR KUHL: I move we accept 2 the message. 3 THE PRESIDENT: On the motion, 4 all those in favor, say aye. 5 (Response of "Aye.") 6 Opposed, nay. 7 (There was no response. ) 8 The ayes have it. The motion is 9 agreed to. The message is accepted. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 58. 16 THE PRESIDENT: The bill is 17 passed. 18 SENATOR KUHL: Mr. President. 19 THE PRESIDENT: Senator Kuhl. 20 SENATOR KUHL: Yes. May we now 21 proceed with the active list, Supplemental 22 Calendar Number 4. But the first three bills 23 will be on the regular calendar, our first 8490 1 calendar of the day, starting with Calendar 2 Number 722. 3 THE SECRETARY: On page 11 of the 4 regular calendar, Calendar Number 722, by member 5 of the Assembly McEneny, Assembly Bill Number 6 4906A, an act to amend the Public Authorities 7 Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 58. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 725, by member of the Assembly Englebright, 19 substituted earlier, Assembly Bill Number 6521A, 20 an act to amend the Public Authorities Law, in 21 relation to the construction and financing of 22 facilities for certain public libraries. 23 THE PRESIDENT: Read the last 8491 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 57, nays 7 one, Senator Kuhl recorded in the negative. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1564. On page 27, Calendar Number 1564, by the 12 Assembly Committee on Rules, Assembly Bill 13 Number 8797, Education Law, in relation to 14 private trade and correspondence schools. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 58. 22 THE PRESIDENT: The bill is 23 passed. 8492 1 THE SECRETARY: On Supplemental 2 Calendar Number 4, Calendar Number 1677, by 3 Senator Volker, Senate Bill Number 4242A, amends 4 Chapter 68 of the Laws of 1968, Capital 5 Construction Budget. 6 SENATOR KUHL: Lay it aside 7 temporarily. 8 THE PRESIDENT: The bill is laid 9 aside. 10 THE SECRETARY: Calendar Number 11 1685, by Senator Marchi, Senate Bill Number 12 5824A, Education Law and the Public Authorities 13 Law. 14 SENATOR STACHOWSKI: Lay it 15 aside. 16 THE PRESIDENT: The bill is laid 17 aside. 18 THE SECRETARY: Calendar Number 19 1686. Senator Holland moves to discharge the 20 Committee on Rules from Assembly Bill Number 21 8523C C and substitute it for the identical 22 Third Reading 1686. 23 THE PRESIDENT: Substitution 8493 1 ordered. 2 SENATOR KUHL: Is there a 3 message? 4 THE PRESIDENT: There is a 5 message. On the motion - 6 SENATOR KUHL: Move we accept the 7 message. 8 THE PRESIDENT: On the motion. 9 All those in favor say aye. 10 (Response of "Aye.") 11 Opposed, nay. 12 (There was no response. ) 13 The ayes have it. The motion is 14 agreed to. The message is accepted. 15 SENATOR KUHL: Lay the bill 16 aside. 17 THE PRESIDENT: The bill is laid 18 aside. 19 THE SECRETARY: Calendar Number 20 1687. Senator Marino moves to discharge the 21 Committee on Rules from Assembly Bill Number 22 8632 and substitute it for the identical Third 23 Reading 1687. 8494 1 THE PRESIDENT: Substitution 2 ordered. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 57, nays 9 one, Senator Saland recorded in the negative. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Also Senator 13 Leichter in the negative. 14 Calendar Number 1688, by Senator 15 Padavan, Senate Bill Number 6007, Education Law 16 and the Civil Service Law. 17 SENATOR STACHOWSKI: Lay it 18 aside. 19 THE PRESIDENT: The bill is laid 20 aside. 21 SENATOR KUHL: Mr. President, 22 could you call up 1677 at this time? I believe 23 the objection has been withdrawn. 8495 1 THE SECRETARY: Calendar Number 2 1677, by Senator Volker, Senate Bill Number 3 4242A, amends Chapter 68 of the Laws of 1968. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 58. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1689. Senator Marino moves to discharge the 15 Committee on Rules from Assembly Bill Number 16 8846 and substitute it for the identical Third 17 Reading 1689. 18 SENATOR KUHL: Is there a message 19 at the desk? 20 THE PRESIDENT: There is. 21 SENATOR KUHL: Move we accept the 22 message. 23 THE PRESIDENT: The substitution 8496 1 is ordered. 2 On the motion, all those in favor 3 say aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response. ) 7 The ayes have it. The motion is 8 agreed to. The message is accepted. 9 SENATOR LIBOUS: Lay it aside. 10 THE PRESIDENT: The bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1690, by Senator Espada, Senate Bill Number 14 6201, Education Law, in relation to 15 ineligibility for election or appointment to 16 school district offices. 17 SENATOR KUHL: Is there a 18 message? 19 THE PRESIDENT: There is a 20 message. 21 SENATOR KUHL: I move we accept 22 the message. 23 THE PRESIDENT: On the motion. 8497 1 All those in favor say aye. 2 (Response of "Aye.") 3 Those opposed, nay. 4 (There was no response. ) 5 The ayes have it. The motion is 6 agreed to. The message is accepted. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 58. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1691 - 17 THE PRESIDENT: The bill will be 18 laid aside temporarily awaiting substitution. 19 SENATOR KUHL: Before we do that, 20 can we accept the message? 21 THE PRESIDENT: We need to 22 substitute the Assembly bill first. 23 SENATOR KUHL: Lay it aside. 8498 1 THE SECRETARY: Calendar Number 2 1692, by the Senate Committee on Rules, Senate 3 Bill Number 6206, creating a temporary task 4 force on railroad taxes. 5 THE PRESIDENT: The bill is 6 high. It will be laid aside. 7 SENATOR KUHL: Mr. President, 8 would you call up Calendar 1688, please, at this 9 time. 10 THE SECRETARY: Calendar Number 11 1688, by Senator Padavan, Senate Bill Number 12 6007, Education Law. 13 SENATOR STACHOWSKI: Explanation. 14 THE PRESIDENT: Explanation is 15 requested. Senator Padavan. 16 SENATOR PADAVAN: Mr. President, 17 there are two parts to this bill, one that 18 establishes a procedure for evaluating and 19 managing the function of custodial care in our 20 schools in the city of New York. The second 21 part of the bill deals with facilitating of the 22 availability of those school buildings during 23 other than school hours for use by youth groups 8499 1 and community groups throughout the city of New 2 York. 3 SENATOR GONZALEZ: Mr. 4 President. 5 THE PRESIDENT: Senator 6 Gonzalez. 7 SENATOR GONZALEZ: I want to 8 speak on this bill. Because, on this particular 9 legislation, what troubles me is that we're 10 doing legislation where something that should be 11 taken care of at the collective bargaining 12 table, and it reminds me of about approximately 13 two years with Chancellor Fernandez had a 14 problem with tenure to buildings for principals, 15 and that was resolved at the table. 16 We explicitly send the wrong 17 message that we're getting into contractual 18 relationships, where the city of New York, 19 whoever negotiated back when, gave up certain 20 provisions at the table, and now we're going to 21 legislate what they should be taking care of at 22 the bargaining table. 23 There is a history, and I think 8500 1 that in the particular history, if there was a 2 problem, it usually goes to arbitration; and 3 once arbitration and all those factors remain, I 4 think that the city of New York through their 5 negotiators could achieve what they want to 6 achieve at the bargaining table and not to 7 legislate this. 8 That's why I am opposed to this 9 sort of legislation. 10 Thank you, Mr. President. 11 THE PRESIDENT: Senator 12 Stavisky. 13 SENATOR STAVISKY: 14 Congratulations. 5:30 in the morning, we're 15 attempting to micromanage the New York City 16 school system in the waning hours of the 17 legislative session. It is not something that 18 should be done casually or lightly. 19 I agree with my colleague. 20 Senator Gonzalez is absolutely correct. This is 21 an end run around the collective bargain 22 procedure. It's also an end run around a ruling 23 by the state Civil Service Commission and by the 8501 1 Supreme Court of the state of New York, and I do 2 not believe that we in the Legislature, without 3 consultation with the school officials, not only 4 the school officials who previously served but 5 the school officials who will subsequently 6 serve, we do not know right now the opinion of 7 the new chancellor of the New York City school 8 system. It is my understanding that very 9 advanced negotiations to find a new Chancellor 10 after a nationwide search that has month after 11 month and interview after interview has produced 12 a candidate who is exceptionally well qualified, 13 and I'm not sure that there is anyone in this 14 room who has any idea of what this proposed new 15 Chancellor feels about this piece of 16 legislation, because that new Chancellor will 17 have to deal with this legislation. 18 After a nationwide search, it 19 appears that the New York City Board of 20 Education wishes to retain the services of Dr. 21 Bernard Gifford, who previously had been Deputy 22 Chancellor of the New York City school system. 23 I have spoken to Dr. Gifford about the custodial 8502 1 issue. 2 I agree, as many of you in this 3 room feel, that there are problems with the 4 custodial system, that there has to be more 5 accountability performance standards 6 established, and I was prepared to sponsor such 7 legislation when I chaired the Assembly 8 Education Committee in the other house. At that 9 point, the same Dr. Bernard Gifford said, 10 "Leonard, do not alter profoundly what we 11 have. As bad as it is, it has saved the city of 12 New York and the Board of Education a good deal 13 of money." 14 I have profound respect for Dr. 15 Gifford. His knowledge of the New York City 16 school system is intimate. His understanding of 17 fiscal affairs is exceptional, and I would hope 18 that the Legislature would show this new 19 Chancellor, if we can prevail upon him to come 20 to New York City and head that troubled New York 21 City school system, that we would consult him, 22 ask his advice, before we plunge into action 23 between 25 and 20 to 6:00 this waning moment of 8503 1 this legislative session. 2 I heard some comments on the 3 floor yesterday as to why a certain piece of 4 legislation should be voted upon a certain way, 5 and one of my colleagues on the other side of 6 the aisle said, "Take into account that the New 7 York State AFL-CIO has a certain position on 8 that bill," and he was very persuasive, and I 9 noticed that after he made that announcement in 10 explaining his vote that labor was opposed to a 11 certain position, that members of this 12 Legislature listened. 13 The New York State AFL-CIO, 14 labor, the unions in New York State, are opposed 15 to this piece of legislation for the reason that 16 it is an end run around collective bargaining, 17 for the reason that it seeks to undo what was 18 attempted by the board of education and 19 successfully challenged in a ruling before the 20 state Civil Service Commission and a decision by 21 the New York State Supreme Court. 22 I don't think this is the time 23 for us to plunge into this issue in direct 8504 1 opposition to collective bargaining, in 2 opposition to the wishes of the labor movement 3 in this state, and in violation of what has 4 already been decided upon as having been an 5 improper procedure in the actions taken by the 6 Civil Service Commission and a state Supreme 7 Court. 8 Tread lightly on this issue. Let 9 the New York City school system find its 10 Chancellor. Then we will be back in September. 11 If that Chancellor -- who knows more about this 12 issue than any of us in this room -- if that 13 Chancellor says this is the way to go, then I 14 will get up and join you that this is the way to 15 go, but not tonight, this morning, this hour. 16 THE PRESIDENT: Senator Lack. 17 SENATOR LACK: Thank you, Mr. 18 President. I would certainly echo the 19 se ntiments that have already been made. There 20 are opposition memoranda filed by every local 21 and union that is involved in the school system, 22 including the coalition of unions representing 23 New York City Board of Education employees. 8505 1 Senator Stavisky has mentioned - 2 let me put it in proper order. PERB has already 3 ruled that these employees are management 4 confidential so legislation doing that is at 5 best redundant, ridiculous at 20 of 6:00 o'clock 6 in the morning. 7 There has been a Supreme Court 8 decision, and there has been a decision of the 9 Civil Service Commission of the state of New 10 York which this legislation is attempting to 11 overturn, and I would certainly suggest to my 12 colleagues that we do not do it today. 13 I note that this bill barely, and 14 I mean barely, passed the Assembly, achieving 15 some 77 votes in that house with 63 votes 16 against it, and I would encourage my colleagues 17 not to vote for this piece of legislation. 18 THE PRESIDENT: Senator Padavan. 19 SENATOR PADAVAN: This bill did 20 not pass the Assembly. A similar bill passed 21 the Assembly. That bill has been amended to 22 conform with the one that's before us, and they 23 are prepared to pass it as soon as we send it to 8506 1 them. 2 This bill is supported by the New 3 York Special Commission, Commissioner of 4 Investigation for the New York City school 5 districts, supported by the Mayor of the city of 6 New York, supported by the Public Education 7 Association, the Education Priorities Panel, the 8 Conference of Big Five School Districts, the New 9 York City Partnership, the Community Service 10 Society, the New York State School Boards 11 Association, advocates for children, the NAACP 12 Metro Council of Branches, the New York City 13 Department of Youth Services, the Parents 14 Coalition for Education in New York City and the 15 Fund for New York City Public Education, and 16 it's supported by the Board of Education of the 17 city of New York -- the Board of Education of 18 the city of New York. 19 I have had direct conversations 20 with the president of that board who was elected 21 unanimously by every member on this very issue, 22 Harold Bresser, from our county in Queens. They 23 want this bill because it is meaningful reform 8507 1 in how our schools are going to be operated. 2 Yes, it does establish a new 3 system. What are the components of this new 4 system? 5 It provides 32 plant managers, 6 one for each community school board, 7 responsible; two superintendents of each school 8 district to work with principals in each of the 9 schools with one and only one objective in mind, 10 to ensure that those schools are maintained and 11 kept in the best possible fashion. And then 12 problems that might arise through no fault of 13 the custodian can be resolved through the 14 superintendent and through the system, problems 15 that might relate to resources, problems that 16 might relate to contracts yet to be put out for 17 bidding, a variety of things that must be done. 18 This is not an end run around 19 anybody. What it is is a very honest, 20 straightforward attempt to do something that is 21 long overdue. Long overdue. 22 Most of the schools in the city 23 of New York in my district and elsewhere are 8508 1 maintained in an appropriate fashion; but, 2 unfortunately, there are a number which are not, 3 and until such time as we can provide a 4 management level of supervision and a system of 5 evaluation that involves the principal -- the 6 principal in the school, who currently is 7 totally excluded from having anything directly 8 to say as to how his school is maintained -- he 9 is out of the loop. The community school 10 district superintendents, 32 of them, who are 11 responsible to the parents, to the children, to 12 the Chancellor, to the board of education, have 13 nothing very much to say currently about how 14 custodial services are performed. 15 And so all of the people that I 16 have told you about, including the board of 17 education -- I know nothing about a Chancellor 18 yet unnamed. I know about the one who just 19 left. He was in support of this. But I do know 20 there's seven people down there appointed by 21 borough presidents and the mayor, are very much 22 in support of this, pleading with us to 23 accomplish this fact. 8509 1 Yes, the custodian engineers are 2 opposed. I don't know what the coalition of 3 unions are. That is the union and the local 4 that is opposed. I respect their view, and I 5 understand their opposition. They want no 6 change in the status quo. 7 And the change in the system 8 structurally cannot be done by collective 9 bargaining. It has to be done by law, and 10 that's what we're going to try and do here 11 tonight. 12 So I urge your support, and if 13 there are any specific questions you would like 14 to ask of me about how this bill works and what 15 it does -- no mention here so far, other than my 16 brief explanation, about the very important part 17 of the bill that involves opening up these 900 18 some-odd schools which today sit as a resource 19 in every community throughout the city of New 20 York and are not used very often or very well 21 because of certain restrictions that currently 22 are imposed on their use, not by parents, not by 23 principals, not by superintendents, but by 8510 1 others. 2 That's an important part of the 3 bill that we have here to consider and should 4 not be overlooked as we think about it. 5 THE PRESIDENT: Senator 6 Stachowski. 7 SENATOR STACHOWSKI: Mr. 8 President, just briefly on the bill. 9 I would like to join along with 10 Senator Lack and Senator Stavisky in pointing 11 out the union opposition, and the reason for it 12 because of collective bargaining. Regardless of 13 the fact that Senator Padavan says the only way 14 any change can be accomplished is through law, 15 there's a large number of us who feel that 16 collective bargaining agreements should still be 17 followed, and that that is the vehicle that 18 should be used for this sort of change. 19 And to be specific, Local 891 20 AFL-CIO has a memo in opposition -- that's the 21 local -- as well as the International Union of 22 Operating Engineers also has a memo against 23 this, and Senator Stavisky mentioned the 8511 1 AFL-CIO, and Senator Lack mentioned all the 2 school unions. 3 I think that this loud opposition 4 to stepping on the collective bargaining system 5 is important to take note of when we vote on 6 this bill. Granted there's some good parts to 7 this bill, but the fact is, because there are a 8 lot of good parts, we can't overlook this one 9 extremely bad part of this bill. 10 I find it interesting that just a 11 couple nights ago the city of New York was 12 against getting a bill done that would help a 13 union situation; and today the city of New York 14 is for getting a bill done which will hurt a 15 union situation. 16 Last time, the bill was carried 17 by Senator Maltese where despite the fact that 18 the city of New York was in favor of it, he got 19 tremendous support because it was good for the 20 union position and the safety of the workers but 21 basically the union position. 22 So that we hope that now, when 23 this particular union, which isn't a police 8512 1 union, asks for the same kind of support from 2 the Legislature that they, too, get it. 3 And I hope that we vote to defeat 4 this bill. 5 SENATOR MARCHI: Mr. President. 6 THE PRESIDENT: Senator Marchi. 7 SENATOR MARCHI: Will the Senator 8 yield? 9 SENATOR PADAVAN: Yes, sir. 10 SENATOR MARCHI: We have a bill 11 coming up. I'm just wondering whether this is 12 in conflict. 13 SENATOR PADAVAN: No, not at all, 14 Senator. The establishment of the plant managers 15 in each of the community school board districts, 16 their reporting function and evaluation by 17 principals and community school board 18 superintendents, would not in any way conflict 19 with the bill that you and I certainly are in 20 support of dealing with borough boards. No 21 conflict whatsoever. 22 THE PRESIDENT: Senator Galiber. 23 SENATOR GALIBER: Yes. Thank 8513 1 you, Mr. President. This piece of legislation 2 came up as an integral part of the Marchi 3 Commission which I had the privilege of serving 4 on. I agree with some of my colleagues that this 5 is a horrible, horrible time to bring up this 6 kind of legislation. It is even worse to bring 7 up the other piece of legislation which is 8 calling for major reform in our educational 9 system at 10 minutes to 6:00 in the morning. 10 But during the course of the 11 hearings that we held, we had the custodians 12 come in, and they testified, and they were 13 opposed to certain matters. And as we 14 investigated, we were concerned about, one, the 15 access to the schools after the schools close 16 down and the fees that were involved. This bill 17 covers that. 18 In addition thereto, we found a 19 horrible relationship between the custodians and 20 the teachers. We found a system which called on 21 complaints being sent over to Queens and piled 22 on someone's desk, and by the time they got 23 around to remedying those conditions in the 8514 1 school, they had deteriorated to the point that 2 the original complaint was no longer a small one 3 but a large one. 4 The relationship between the 5 custodial engineers and the school has been 6 horrible for many, many years. No one in the 7 sound of my voice respects union concepts any 8 more than I do. 9 We have a bill that's going to be 10 coming up a little later which has to do with 11 changing the governance, because our school 12 system has failed and they are not educating our 13 youngsters. 14 The settings in the schools are 15 horrible because of lack of relationship between 16 the custodians and the teachers. Custodians 17 don't even speak with teachers in the school as 18 testimony came out. They dictate to the 19 principals what they want to do and what they do 20 not want to do. 21 This piece of legislation goes in 22 the right direction, Senator Padavan. And I'm 23 going to vote for it because I think it's part 8515 1 of a total package of changing our educational 2 system so that our youngsters can be educated. 3 Proper setting for education is extremely 4 important. Plaster falling in our classrooms, 5 desks not repaired, pipes not repaired and 6 sometimes with a sense of arrogance saying, "We 7 don't care about it; we're going to let it take 8 its course." 9 It's a difficult bill for some 10 because there are those of us who have looked at 11 the unions with great support. I have heard 12 some rumors that the minority report which I put 13 in, which is now a piece of legislation breaking 14 down five boroughs, they tell me that it's dead, 15 not going to go anywhere. We have it here this 16 morning, which is interesting being it's five 17 minutes to 6:00. 18 Do you know why they tell us the 19 bill is dead. It's dead because the union wants 20 to kill it, because the union doesn't want to go 21 through the problem or the trouble of 22 negotiating with five separate boroughs. 23 And when you say to them, Well, 8516 1 what about our kids? Is it a given that they are 2 not being educated? Have we lost a generation of 3 our youngsters as a result of a poor educational 4 system with some good teachers who want to 5 teach? The answer is yes. 6 But there comes a time when the 7 unions are going to price themselves out of the 8 market. What price do we have to pay for our 9 commitment to the unions? Do we sacrifice our 10 children? Do we keep our schools closed in the 11 evening so people in the community if they were 12 open to participate -- the answer, I think, is 13 our children are important and should be 14 primary. 15 Our communities should be 16 serviced. The schools that are there like most 17 of us -- I guess most of us -- finish school at 18 3:00 o'clock, public school system, the gym was 19 open until 3:00, 4:00, 5:00, 6:00 at night. 20 Now, if you go to a school and try to have a 21 community meeting, it will probably cost you 22 some $80, $90, $200, perhaps even more, and 23 these fees are set not by the superintendent, 8517 1 not by the principals, not by the Central Board 2 of Education, but they are set based on perhaps 3 the negotiations or collective bargaining, but 4 certainly they are not open. 5 So I say this is a small step in 6 the right direction, that the cooperation as far 7 as the custodial engineers and teachers are 8 concerned, and superintendents, there has to be 9 that sense of accountability. 10 So I think it's an excellent 11 piece of legislation. I'm going to support it, 12 Senator. 13 THE PRESIDENT: Last section. 14 SENATOR PADAVAN: Slow roll call. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 SENATOR HOFFMANN: Slow roll 19 call. 20 THE PRESIDENT: A slow roll call 21 is requested. Evidently a sufficient number of 22 Senators are requesting a slow roll call. 23 THE SECRETARY: Senator Babbush. 8518 1 excused. 2 Senator Bruno. 3 (There was no response. ) 4 Senator Connor excused. 5 Senator Cook. 6 (There was no response. ) 7 Senator Daly. 8 (There was no response. ) 9 Senator DeFrancisco. 10 SENATOR DeFRANCISCO: No. 11 THE SECRETARY: Senator 12 Dollinger. 13 SENATOR DOLLINGER: Yes. 14 THE SECRETARY: Senator Espada. 15 SENATOR ESPADA: Yes. 16 THE SECRETARY: Senator Farley. 17 (There was no response. ) 18 Senator Galiber. 19 SENATOR GALIBER: Yes. 20 THE SECRETARY: Senator Gold. 21 SENATOR GOLD: Yes. 22 THE SECRETARY: Senator 23 Gonzalez. 8519 1 SENATOR GONZALEZ: Mr. President. 2 THE PRESIDENT: Senator Gonzalez 3 is recognized to explain his vote. 4 SENATOR GONZALEZ: As I said 5 before that this particular legislation intrudes 6 on the collective bargaining agreement, but I 7 want to make a point that the boss is the board 8 of education. They promulgate. They move the 9 rules, they -- and that is negotiable at the 10 table. 11 The schools are not open because 12 the board of education, they're making the 13 custodians the bad people; they're not. It's at 14 the bargaining table that that must be dealt 15 with, and it could have been dealt with, and it 16 should be dealt with that way and, for that 17 reason, I vote no. 18 THE SECRETARY: Senator Goodman. 19 (There was no response. ) 20 Senator Halperin. 21 SENATOR HALPERIN: Yes. 22 THE SECRETARY: Senator Hannon. 23 SENATOR HANNON: Yes. 8520 1 THE SECRETARY: Senator 2 Hoffmann. 3 SENATOR HOFFMANN: No. 4 THE SECRETARY: Senator Holland. 5 SENATOR HOLLAND: No. 6 THE SECRETARY: Senator Johnson. 7 SENATOR JOHNSON: Aye. 8 THE SECRETARY: Senator Jones. 9 (There was no response. ) 10 Senator Kuhl. 11 SENATOR KUHL: Aye. 12 THE SECRETARY: Senator Lack. 13 SENATOR LACK: No. 14 THE SECRETARY: Senator Larkin. 15 SENATOR LARKIN: No. 16 THE SECRETARY: Senator LaValle. 17 SENATOR LAVALLE: Yes. 18 THE SECRETARY: Senator 19 Leichter. 20 SENATOR LEICHTER: Mr. President. 21 THE PRESIDENT: Senator Leichter 22 to explain his vote. 23 SENATOR LEICHTER: To explain my 8521 1 vote. 2 Mr. President, I think great 3 importance should be placed on the collective 4 bargaining system, but there are times when that 5 process does not work. I'm told that for three 6 years there's been an effort to reach an agree 7 ment with the custodians. It has not succeeded. 8 This Legislature has often stepped in where 9 collective bargaining has failed. Just a few 10 days ago we passed a bill which imposed certain 11 retirement benefits on the city of New York 12 because we felt that employer was not bargaining 13 in sufficient good faith and we thought it, 14 therefore, appropriate for us to see that the 15 collective bargaining system, not having worked 16 in that instance, be replaced by our action. 17 It's well documented how the 18 custodians are acting in a manner that's not in 19 the interest of the children of New York. 20 There's no accountability, no responsibility. 21 Part of the disgraceful condition that the 22 schools of New York are in are due to the fact 23 that the custodians are not responsible. This 8522 1 bill will give the employer the control that it 2 deserves to have. 3 I vote in the affirmative. 4 THE SECRETARY: Senator Levy. 5 SENATOR LEVY: Aye. 6 THE SECRETARY: Senator Libous. 7 SENATOR LIBOUS: Aye. 8 THE SECRETARY: Senator Maltese. 9 (There was no response. ) 10 Senator Marchi. 11 SENATOR MARCHI: Mr. President. 12 THE PRESIDENT: Senator Marchi is 13 recognized. 14 SENATOR MARCHI: It's apparent 15 that we have a Hobson's choice, and it sounds 16 like an issue that we may have to revisit; but, 17 based on the statements that have been made this 18 morning, I would have to vote yes at this 19 point. 20 THE SECRETARY: Senator Marino. 21 (Affirmative indication. ) 22 THE SECRETARY: Aye. 23 Senator Markowitz. 8523 1 SENATOR MARKOWITZ: Yes. 2 THE SECRETARY: Senator 3 Masiello. 4 (There was no response. ) 5 Senator Mega. 6 (There was no response. ) 7 Senator Mendez. 8 SENATOR MENDEZ: Mr. President. 9 THE PRESIDENT: Senator Mendez is 10 recognized. 11 SENATOR MENDEZ: Explain my 12 vote. 13 I am supporting this bill, 14 although I have like many of my colleagues here 15 consistently supported unions, by supporting 16 unions who have been supporting workers in their 17 aspirations for economic justice. In this 18 instance, we have to take into consideration the 19 needs of the children. 20 If this bill doesn't go through, 21 and the Assembly doesn't pass this bill and this 22 doesn't become law, then the situation that has 23 been prevailing in the city schools for too long 8524 1 will keep on being the same. For a better 2 education for our children in New York City, we 3 need to change this situation, and labor should 4 not interpret that this is an attack on them 5 because it is not. It is just fairness and 6 justice, and it has to be done. So we hope that 7 this bill will resolve that situation, and the 8 unions can be reorganized and keep on from there 9 on. 10 Thank you, Mr. President. 11 THE PRESIDENT: How do you vote? 12 SENATOR MENDEZ: Yes. 13 THE SECRETARY: Senator 14 Montgomery. 15 SENATOR MONTGOMERY: Yes. 16 THE SECRETARY: Senator Nolan. 17 SENATOR NOLAN: Yes. 18 THE SECRETARY: Senator 19 Nozzolio. 20 SENATOR NOZZOLIO: No. 21 THE SECRETARY: Senator 22 Ohrenstein. 23 (Affirmative indication. ) 8525 1 THE SECRETARY: Aye. 2 Senator Onorato. 3 SENATOR ONORATO: No. 4 THE SECRETARY: Senator 5 Oppenheimer. 6 SENATOR OPPENHEIMER: No. 7 THE SECRETARY: Senator Padavan. 8 SENATOR PADAVAN: Yes. 9 THE SECRETARY: Senator Pataki. 10 (There was no response. ) 11 Senator Paterson. 12 (There was no response. ) 13 Senator Present. 14 SENATOR PRESENT: Yes. 15 THE SECRETARY: Senator Saland. 16 SENATOR SALAND: Aye. 17 THE SECRETARY: Senator 18 Santiago. 19 (There was no response. ) 20 Senator Sears. 21 SENATOR SEARS: No. 22 THE SECRETARY: Senator Seward. 23 SENATOR SEWARD: No. 8526 1 THE SECRETARY: Senator Sheffer. 2 SENATOR SHEFFER: Yes. 3 THE SECRETARY: Senator Skelos. 4 SENATOR SKELOS: Yes. 5 THE SECRETARY: Senator Smith. 6 SENATOR SMITH: Yes. 7 THE SECRETARY: Senator Solomon. 8 SENATOR SOLOMON: Yes. 9 THE SECRETARY: Senator Spano. 10 SENATOR SPANO: No. 11 THE SECRETARY: Senator 12 Stachowski. 13 SENATOR STACHOWSKI: No. 14 THE SECRETARY: Senator 15 Stafford. 16 SENATOR STAFFORD: Aye. 17 THE SECRETARY: Senator 18 Stavisky. 19 SENATOR STAVISKY: Mr. President, 20 I rise to explain my vote very briefly. 21 THE PRESIDENT: Senator Stavisky 22 is recognized. 23 SENATOR STAVISKY: There are many 8527 1 things that are in this bill's objective with 2 which everyone in this chamber would agree. 3 Yes, the schools should be open at all hours - 4 afternoons, evenings, week ends, summer months, 5 so that they can perform a function. But we 6 have changed as a society. It costs money to 7 open schools because many things that were done 8 by individuals working for different 9 institutions on a voluntary non-paid basis no 10 longer operate that way. 11 There were times when teachers, 12 for whom I have great respect in the way that 13 they carry out their missions, would volunteer 14 to serve as coaches and as advisers to after 15 school activities. That system has changed and 16 now the after-school programs are primarily 17 entrusted to teachers and others who are paid 18 for their services. 19 Many physicians used to volunteer 20 their time at clinics free of charge but, with 21 affiliation contracts, many medical and health 22 care professionals are now being paid for the 23 very services that they rendered free of charge. 8528 1 That's the problem with regard to the opening of 2 schools. Somebody now expects to be paid for 3 something that all of us say should be done free 4 of charge. 5 I would concur, but I can not 6 give away the labor of someone else when that 7 individual now expects to be paid. There are 8 conflicts. Do you spend your money on opening 9 the schools for after-school activities, or do 10 you spend the money for teachers? And remember, 11 my colleagues, the New York City school system 12 is not necessarily given all of the state aid to 13 which it should be entitled, and we in this 14 chamber bear some of that responsibility. 15 So I'm saying understand the 16 realities. Yes, I support the objectives that 17 have been stated by the proponents here. But is 18 there the money to educate and, at the same 19 time, carry out these after-school functions? 20 And with a hard-pressed board of education 21 budget, I am not sure. 22 For the reasons I stated earlier 23 and for the reasons I've stated now, at this 8529 1 time, I will vote no. 2 THE SECRETARY: Senator Trunzo. 3 SENATOR TRUNZO: No. 4 THE SECRETARY: Senator Tully. 5 SENATOR TULLY: Aye. 6 THE SECRETARY: Senator Velella. 7 (There was no response. ) 8 Senator Volker. 9 SENATOR VOLKER: Yes. 10 THE SECRETARY: Senator Waldon. 11 (Negative indication. ) 12 THE SECRETARY: No. 13 Senator Wright. 14 (There was no response. ) 15 THE PRESIDENT: Call the 16 absentees. 17 THE SECRETARY: Senator Bruno. 18 (There was no response. ) 19 Senator Cook. 20 SENATOR COOK: Yes. 21 THE SECRETARY: Senator Daly. 22 SENATOR DALY: Yes. 23 THE SECRETARY: Senator Farley. 8530 1 (There was no response. ) 2 Senator Goodman. 3 (There was no response. ) 4 Senator Jones. 5 SENATOR JONES: Yes. 6 THE SECRETARY: Senator Maltese. 7 SENATOR MALTESE: No. 8 THE SECRETARY: Senator 9 Masiello. 10 (There was no response. ) 11 Senator Pataki. 12 SENATOR PATAKI: Yes. 13 THE SECRETARY: Senator 14 Paterson. 15 (There was no response.) 16 Senator Santiago. 17 (There was no response. ) 18 Senator Seward. 19 SENATOR SEWARD: Yes. 20 THE SECRETARY: Senator Velella. 21 SENATOR VELELLA: No. 22 THE SECRETARY: Senator Wright. 23 SENATOR WRIGHT: No. 8531 1 THE PRESIDENT: Results. 2 THE SECRETARY: Ayes 37, nays 15. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 -- I'm sorry. 7 SENATOR PRESENT: Go ahead. 8 THE PRESIDENT: Senator Present. 9 SENATOR PRESENT: 1685. 10 THE SECRETARY: Calendar Number 11 1685, by Senator Marchi, Senate Bill Number 12 5824-A, Education Law and the Public Authorities 13 Law. 14 SENATOR LEICHTER: Explanation. 15 THE PRESIDENT: Explanation is 16 requested. Senator Marchi. 17 SENATOR MARCHI: Mr. President, 18 some of the earlier conversations that we've had 19 and discussions and a long train of events that 20 started back in 1962, I guess, when I introduced 21 a bill that was later reiterated by Senator 22 Galiber in the Minority expression at our 23 commission report of the study that we conducted 8532 1 recently, and that bill in 1962 would have 2 provided for five separate boards. 3 What the Legislature did at that 4 time was to provide borough aid in the amount of 5 $120 million, which was a substantial enrich 6 ment of the -- of the existing pattern of state 7 assistance for public education in the city of 8 New York. 9 Nothing happened there until we 10 had the decentralization bill in 1969, in 1970, 11 and that bill was revisited by the commission 12 that Senator Galiber and I served on, members 13 from this house, and the commission made a 14 report which was speedily outdated by events 15 that flowed not from the -- not from bad 16 intentions on the part of the chancellor but by 17 what I felt was a squandering of good will that 18 he had created, and galvanized again a spirit in 19 support of a separate borough system. 20 Assemblyman Del Toro passed 21 legislation on the basis of the study of the 22 commission with some variations but, by and 23 large, adhered to the traditional concept of one 8533 1 central board, and this came into conflict, very 2 strong conflict, with the spirit that existed 3 very strongly in the boroughs for the creation 4 of a borough system of education -- five 5 separate districts. 6 The Governor gave support to this 7 thesis by suggesting, at least in a conceptual 8 way, the very same concept and when -- my 9 co-sponsors, Senator Galiber, Senator Padavan, 10 Senator Maltese, Senator Mega, when he was with 11 us, and Senator Velella, all joined in and 12 advanced this bill. 13 We had strong support from the - 14 from the boroughs. I received a statement 15 issued by Claire Schulman, president of the 16 board of education -- president of the borough 17 of Queens, very strongly supportive of the 18 effort that we were making here, in which she 19 said -- stated in the message: "That is why I 20 have worked closely with Manhattan Borough 21 President Ruth Messinger, Senator Marchi and his 22 staff to develop legislation to create a de 23 centralized school system that would provide 8534 1 greater accountability and achieve greater 2 success. 3 "I believe the version of the 4 Marchi bill now before the Senate is the best 5 possible hope for the future of education, and I 6 am confident that minor differences between 7 Senator Marchi's bill and the bill I proposed 8 with Borough President Messinger can be 9 successfully resolved in conference with the 10 Assembly. I am also greatly encouraged by 11 Governor Cuomo's support for fundamental change 12 in the current structure of education." 13 Mr. President, the bill that we 14 joined jointly, myself and Senator Maltese, 15 Senator Mega, Senator Padavan, Senator Velella 16 and Senator Galiber, is that vehicle. I don't 17 assume that a bill that would eventually be 18 signed into law would be totally on track with 19 this because in the statement issued by the 20 borough president of Queens, there are some 21 differences and there are differences certainly 22 with the version that was presented by Senator 23 -- Assemblyman Del Toro, but in my presence, 8535 1 many of the people that voted for that bill -- I 2 was in the Assembly at the time -- indicated 3 that they had -- if they had this alternative, 4 they could support this also. 5 So clearly, Mr. President, this 6 is a vehicle by which we can advance, I think, 7 in great part the substance of the legislation 8 that would eventually describe and delineate the 9 governance of the school system in the city of 10 New York and we would be performing a valuable 11 service in advancing this concept, because it is 12 the dominant theme on the second floor. It is 13 the dominant theme in the statement issued by 14 the Board of Regents who, in many ways, tracked 15 almost word for word the concepts that undergird 16 the bill that we have sponsored jointly and is 17 now before you; and their statement tracks 18 almost word for word and issue by issue with the 19 position that we articulated some time ago. 20 So the bill is now before us. It 21 does several things. It reorganizes the New 22 York City school system by dissolving the 23 present central board and the officer of the 8536 1 chancellor, and it transfers responsibility for 2 running general purpose high schools to the 3 community districts and making borough boards of 4 education and borough superintendents the 5 primary governance structure. 6 We do create the position of 7 administrator to perform functions best handled 8 centrally: Compilation of district fiscal 9 estimates, administration of state aid that 10 comes to the city, administration of special 11 theme high schools and assimilation of the 12 student and school performance data. 13 This administrator, in a way, 14 parallels the definition of a central board by 15 the Board of Regents, and the administrator 16 would be the primary employer, so that all 17 contracts involving personnel in the city of New 18 York would be directed to the administrator. 19 The administrator would be 20 appointed by the mayor of the city of New York 21 with the advice and consent of the City Council, 22 under regulations and norms described by the 23 Commissioner of Education. 8537 1 So we have a parallel to that 2 offered by the Board of Regents, and it's only 3 in -- in the terminology that there is any 4 substantive difference. There is no substantive 5 difference in terms of actual effect. 6 So that, in summarizing the 7 provisions of the present bill that is before 8 you, the bill would abolish the New York City 9 school board. It would abolish the office of 10 the chancellor. It would create a borough board 11 of governance, create the position of borough 12 superintendent whose selection by the borough 13 boards would be subject to the advice and 14 consent of the Commissioner; charge the borough 15 boards with virtually all of the functions now 16 entrusted to the central board. 17 It would create the administrator 18 of the City School District to enter -- to 19 handle centralized data and also to be the 20 primary employer, and the contract involving 21 personnel in the city of New York would be 22 conducted through the office of the 23 administrator. 8538 1 There is ample justification for 2 what is suggested here, because the system 3 plainly is not functioning. Decentralization 4 would provide a more tailored approach through 5 the respective boroughs in this City to this - 6 to this problem. 7 It would also provide us with an 8 opportunity for voting at the general election 9 on the same machine that we conduct the general 10 election day. It would be on election day 11 ensuring a maximum turn-out by the public at the 12 election of the borough board -- of the 13 community boards. 14 This means that, in compliance 15 with the state Constitution and the law of this 16 state, citizens would be able to vote in the 17 general election, admittedly in an off year, but 18 nevertheless on election day ensuring the 19 greatest possible turn-out and enable them to 20 cast a vote, they would have a voting three of 21 nine of their respective community boards and we 22 -- you would know and have a result immediately 23 with full participation, and full participation 8539 1 and involvement by the part of the public has to 2 be integral to a functioning system that is 3 meaningful. Otherwise, when we had this 4 fractional diluted turn-out which admittedly 5 crested to some point, but still was only about 6 20 percent, I believe in the city of New York, 7 15 percent, generally. But it was -- that was 8 the high water mark at the last election. 9 This would ensure a full 10 participation by the public of the city of New 11 York in the selection of their community 12 boards. 13 So I submit, Mr. President - 14 ACTING PRESIDENT SPANO: Excuse 15 me, Senator Marchi. 16 Senator Mendez. 17 SENATOR MENDEZ: Will you yield 18 for a question? 19 ACTING PRESIDENT SPANO: Senator 20 Marchi, will you yield to a question? 21 SENATOR MARCHI: Always, always. 22 ACTING PRESIDENT SPANO: Senator 23 yields. 8540 1 SENATOR MENDEZ: Thank you; thank 2 you. 3 You know, Senator Marchi, strange 4 things happen at night, and also strange things 5 happen in the early morning. We all -- we are 6 all aware of the hard work and contributions 7 that you have made in many areas, but in this 8 instance in the area of education through your 9 commission and with Senator Galiber as well and 10 we are all most grateful for it. 11 The strange thing that has 12 happened is that because strange things happen, 13 this bill that affects the education of all the 14 children in that city that we all love so very 15 much, was released for consideration at 3:00 16 o'clock, 3:00 o'clock in the morning, and the - 17 the implications of passing this bill today are 18 so huge and so drastic, in a sense, that we 19 might -- we might regret taking that action 20 today when we are all very tired and being a 21 whole night without sleeping, and so that -- but 22 with all this, my first question is would you - 23 SENATOR MARCHI: Senator, next to 8541 1 me, you're a young girl. 2 SENATOR MENDEZ: I mean the 3 Senator is just superb. That comment alone 4 makes me -- would make me think about voting for 5 the bill, but -- in appreciation. 6 But really, Senator Marchi, would 7 you -- wouldn't you -- do you feel that creating 8 five boards, five boards of education for the 9 five boroughs of the city of New York would 10 create five big bureaucracies? Yes, you are in 11 it, you are demanding - 12 SENATOR MARCHI: We're opting - 13 we have a large bureaucracy at the present time, 14 but you have borough structures already, and the 15 accretion would not be significant if you no 16 longer had a central board. You would have an 17 administrator who would be a primary employer, 18 but it's a wholly different matter if that -- if 19 that personnel were available at the grass roots 20 and formulating policy for the five counties. 21 SENATOR MENDEZ: See, Senator 22 Marchi, if I understand correctly at least parts 23 of your bill, you basically -- you are stream 8542 1 lining the central functions of the board like 2 personnel, fiscal policy, fiscal activities in 3 an administrator that will be appointed by the 4 mayor and -- and confirmed by the council. 5 SENATOR MARCHI: With the 6 confirmation of the council. 7 SENATOR MENDEZ: Then we would 8 have these elections and the borough president 9 would be appointing people to the board, would 10 the various borough president? 11 SENATOR MARCHI: Well, the 12 borough boards, you would have composing that 13 board you would have -- yeah, one by the mayor, 14 one by the city council, three by the borough 15 president and two by the constituent community 16 board in that borough. 17 SENATOR MENDEZ: Now, now, you 18 have mentioned decentralization in your 19 explanation of the bill, and -- and in my view, 20 the true decentralization has never occurred in 21 the school system of New York City. We know at 22 least the idea that I have that upstate New 23 York, there is a regular school board of -- of 8543 1 -- school board of education, elected members. 2 They do have a superintendent from BOCES that 3 performs the function of a middle manager like 4 what the central board in New York is, in terms 5 of the Commissioner of Education of the state. 6 Wouldn't you say -- wouldn't you 7 agree that, if we were to benefit from the 8 experience of many other school systems 9 throughout these states, that they are more 10 manageable in size, and we would have -- we 11 could have a central administrator appointed by 12 anybody, the mayor or whatever, appointed by the 13 mayor to again retain, as your bill specifies, 14 the functions of the central board, the 15 personnel and fiscal activities of the central 16 board and then have those 32 community school 17 districts perform with a district superintendent 18 in charge, perform in the same fashion which the 19 other school districts throughout the state do 20 perform? 21 SENATOR MARCHI: Well, that's not 22 a bad development, Senator, but there are some 23 differences. We have over 700 boards of 8544 1 education in the -- in the state of New York, 2 and they're fiscally independent. They have 3 their own taxing powers. It's -- the situations 4 aren't that comparable when you compare it to 5 the present circumstances. 6 This is the ideal way of 7 approaching it, I believe, in a city of our 8 size. We have to -- we're dealing with 9 tremendous numbers; we're dealing with a 10 fiscally dependent board which still has to 11 depend on the largesse or the willingness or the 12 responsiveness of general government to -- to 13 the needs of the -- of these people. 14 SENATOR MENDEZ: But, Senator 15 Marchi, but if we would approve those five 16 borough boards, still those five borough boards 17 would be dependent upon the largesse of the city 18 and the state in terms of funding. 19 SENATOR MARCHI: Yes, because 20 we're fiscally dependent, but the direction and 21 the -- and the policy within the respective 22 schools would be under the control of borough 23 entities and your community boards within the 8545 1 boroughs. 2 SENATOR MENDEZ: Wouldn't you say 3 that the same -- the same amount of politicking 4 that has occurred with the appointees in the 5 present central board, the appointees of the 6 five borough presidents and the mayor that have 7 resulted in the unfortunate loss of a very great 8 educational leader, Chancellor Fernandez, that 9 that same kind of possibility could exist, of 10 course, at each borough level by the appointees 11 of the borough presidents and the other 12 appointees of the others, wouldn't you say that 13 that situation could be replicated at the 14 borough level as well? 15 SENATOR MARCHI: We have -- we 16 have the opportunity of involving the larger 17 public in a very significant way through this 18 medium, and it -- I think that it is plainly 19 indicated before we have -- if we instituted 20 boards on the size that are the average 21 throughout the state, you would have several 22 hundred community boards acting as independent 23 units. I don't think we're quite ready to go 8546 1 that far. 2 SENATOR MENDEZ: No, but we - 3 SENATOR MARCHI: We are ready to 4 go as far as our boroughs, I think. There is 5 sufficient consciousness and ability to relate 6 to our respective boroughs. 7 SENATOR MENDEZ: One last 8 question. One last question, if I may. One 9 last question. 10 One last question if I may. I'll 11 get there. I'll get that, one last question. 12 What was it? Oh, yes, yes. 13 SENATOR MARCHI: I hope we have 14 you in the negotiation, Senator, when we're 15 finally working out the ultimate bill. 16 SENATOR MENDEZ: Senator Marchi, 17 Mr. President, one last question. One of the 18 preoccupations that the teachers' union in the 19 city of New York do have, with the changes in 20 the -- in the possible changes in city 21 governance of the schools is that contractual - 22 contractual -- the contractual process might 23 become more difficult for them. 8547 1 When, in discussing this with 2 Miss Feldman, I mentioned that, and this does 3 apply -- I want your opinion of this, the same 4 applies to the five local boards, that they need 5 not be concerned with that because negotiations 6 would proceed either by an independent - 7 independent bargaining committee with the 8 representative of teachers, board members or 9 whatever over the existing boards, so that only 10 one contract would be negotiated for all the 32 11 schools, in the sense of the word. In your 12 case, is that - 13 SENATOR MARCHI: Well, I'm 14 responding. My response, Senator, Mr. 15 President, the bill does provide for the conduct 16 of those -- the contract negotiations with the 17 administrator, so that you have that central 18 operation but, you know, neither Senator Padavan 19 or myself or Senator Galiber, Senator Velella, 20 Senator Maltese, we have not heard any word of 21 opposition from Miss Feldman. 22 I mean, as far as we know, and 23 certainly there was a burden to inform us that 8548 1 they -- if they were nervous about the whole 2 thing. Don't you think it was a burden to at 3 least tell us? But there is no -- there is no 4 memorandum against their legislation anywhere, 5 unless it's secret. 6 SENATOR MENDEZ: Mr. President. 7 No. No. 8 SENATOR MARCHI: But, you know, 9 we like to operate in an open society here and 10 we're not getting it. 11 SENATOR MENDEZ: Senator, I want 12 is to make a correction. There is no formal 13 opposition to your plan that I know of. What I 14 was revealing here was a private conversation 15 that I had with her, where I proposed 32 16 appointed local community school boards, one 17 strong superintendent and another one entity for 18 negotiating only one contract for the 32 19 schools. 20 SENATOR MARCHI: Well, we agree 21 on one, don't we, both of us. 22 SENATOR MENDEZ: Look, I want to 23 thank you for answering my questions. I still 8549 1 believe that this is such an important issue, 2 one that we all of us do care about with 3 tremendous implications for the public education 4 system in the city of New York and, therefore, I 5 truly believe that we should postpone making a 6 -- a definite decision at this point and maybe 7 when we come back in the fall and some refine 8 ment of greater explanations or understanding of 9 what you try to achieve and possibly you have 10 new elements are extracted from the proposal 11 would be best. I really want to thank you, 12 Senator Marchi. 13 SENATOR MARCHI: Well, thank you, 14 Senator. 15 ACTING PRESIDENT SPANO: Senator 16 Leichter. 17 SENATOR LEICHTER: Just very 18 briefly on the bill, Mr. President. I'm just 19 amazed and as we started the debate maybe at 20 6:20 in the morning. Senator Marchi, I want to 21 say I've got the greatest respect for you, but I 22 don't -- I don't think -- I think that this bill 23 or the manner in which it was presented adds to 8550 1 your laurels. 2 ACTING PRESIDENT SPANO: Senator 3 Marchi. 4 SENATOR MARCHI: May I ask a 5 rhetorical question? Senator, I did not select 6 the time or the circumstances. Nevertheless, 7 I'm grateful for the opportunity. We're here 8 lawfully assembled. We have the power of 9 disposition. 10 I'm the oldest one in the house 11 here, but I feel lucid enough to carry on a 12 reasonable level of conversation, and I think 13 we're all available to that process, Senator, 14 especially yourself, because I know. I don't 15 underestimate your powers. I think they're 16 still lucid and clear. 17 SENATOR LEICHTER: Senator, I 18 think, clearly, given your power of lucidity 19 which I'm sure is good 24 hours a day, this is 20 still not the time to do it, and I don't mean to 21 in any way criticize you personally, but the 22 whole system that we have is God awful. We must 23 be one of the worse legislatures in this 8551 1 country, the way we have acted in this session 2 particularly. 3 I mean the city of New York has 4 been crying to have its educational system, 5 which is in shambles, addressed. We've been 6 here. We've had a Marchi commission, although 7 the Marchi Commission, as I understand it, or 8 recommendations, bears very little resemblance 9 to the bill that is before us, but fine. This is 10 your proposal, put it forward. 11 But, my God, we had the time to 12 do it, to discuss it, to have people consider 13 it. And to bring it out at this late hour, it's 14 just -- it is really, as I said, it's just 15 astounding. I think we have lost all 16 perspective. Everything is done solely in a 17 partisan, political manner; no real concern for 18 the public interest. 19 Senator, certainly the interests 20 of a million school children in the city of New 21 York are not being served by taking up this bill 22 at this time. We know it's a one-house bill. 23 But, Senator, let me just say, 8552 1 just for a moment addressing the substance of 2 the bill, I disagree with your approach. 3 Senator, you, I think, are balkanizing the city 4 of New York. We disagree on that. You seem to 5 give a lot of support to the centrifugal forces 6 in New York and, of course, you started this 7 idea of having boroughs secede from the city of 8 New York. This further moves the process of the 9 city of New York being dismembered. I think 10 that's unfortunate. 11 I think you do create five 12 bureaucracies where we have one. I'm sorry that 13 you put in provisions in this bill, such as the 14 condom distribution requiring parental consent 15 or at least the parents can say that condoms or 16 other birth control devices could not be 17 distributed. I don't think that should be in 18 this bill, although I know that's your 19 viewpoint. 20 So, Senator - 21 ACTING PRESIDENT SPANO: Senator 22 Marchi. 23 SENATOR MARCHI: On that specific 8553 1 subject. 2 SENATOR LEICHTER: Yes. 3 SENATOR MARCHI: Of course, the 4 borough president is suggested instead of opting 5 out, opting in. You know, so that there are 6 minor differences. Agreement on the substance, 7 but procedurally there are differences. 8 SENATOR LEICHTER: Well, let me 9 just say I know that the borough president of 10 Manhattan, who does support this approach, 11 Senator, and I have great respect for her but I 12 know that she is not in favor of that provision 13 as to condoms. 14 I just say, Senator Marchi, and 15 I'm sure that you tried throughout this session 16 to have us address this issue, but certainly we 17 need to deal with the governance of the school 18 system but we don't need to deal with it - 19 should not deal with it at 6:30 a.m. in the 20 morning. 21 ACTING PRESIDENT SPANO: Senator 22 Galiber. 23 SENATOR GALIBER: Thank you, Mr. 8554 1 President. On this piece of legislation 2 certainly I agree, just as I did on the last 3 piece of legislation, that this is a horrible, 4 horrible time to bring this legislation up, but 5 there's a need for it. Unfortunately, a 6 decision was not made on this level like most 7 decisions are made by some folk way out 8 somewhere as to when this bill should, in fact, 9 come out. 10 Let me be brief, I hope. 11 Our youngsters in our school 12 system are not being educated. Our school 13 system has failed us, has failed us completely. 14 We had a commission called the 15 Marchi Commission, after many, many years of 16 watching deterioration in our school system 17 losing generation after generation of our 18 youngsters. 19 Senator Leichter, every now and 20 then the Democrats get small victories. They 21 come once every ten years or so, maybe fifteen 22 years. In this instance, I wrote a minority 23 report on the Marchi Commission, and they stuck 8555 1 in a minority report in the middle of it, and 2 that minority report called for vitiating, 3 getting rid of, 110 Livingston Street, and 4 creating five borough boards. 5 And most of the philosophy of 6 those who testified was consistent with that 7 notion except they came to a different result in 8 the end; and that is, that school-based 9 management was important, whether you took the 10 Rochester experience or the Chicago experience 11 or the Dade County experience, all it really 12 meant is that decision-making should be brought 13 closer to the community with the teachers 14 participating, and also the supervisors, the 15 principals. This is what we agreed on, or at 16 least I felt. 17 Historically, the Ocean 18 Hill-Brownsville experience came out as the 19 result and a political decision was made -- pure 20 political decision was made. And what then did 21 the unions do? And I happened to be around at 22 the time; and Senator Paterson, David Paterson's 23 dad, Charlie Rangel, and a few others; Dave 8556 1 Jaffe of Senator Marchi's staff, and Senator 2 Marchi. We explored this possibility of five 3 boroughs, but it went down the drain because it 4 would give too much control. 5 After the negotiations and the 6 input of the unions, we had the present 7 decentralization bill that we have today, and it 8 didn't give power to the people then, and it 9 didn't give the power in the proper places. It 10 was so bad that those of us who negotiated it at 11 the time voted against it, and that "no" vote, 12 as I've often said, was like -- and that was 13 back in '72 or '69. It was like vintage wine. 14 Each year that "no" vote got better and better. 15 This is not a perfect bill. I 16 have some serious objections to some parts of 17 this piece of legislation. I believe that based 18 on the theory of participation of parents in the 19 community and in the school, as it stands now. 20 One of the changes that they make in Senator 21 Marchi's bill, they make a change where they are 22 saying parents who are immigrants now can 23 participate in the decision-making in the 8557 1 schools as long as they live in the community or 2 have a child in that community. 3 In our rush to get rid of that 4 horrible apportioned representation that there 5 has been a change in it, and now we come up 6 with, and rightly so, that the Constitution is 7 thrown into it. I disagree. I don't think we 8 should disenfranchise even people who are not 9 franchised because our theory is that people who 10 have children in the school have something to 11 say in terms of how their children are 12 scheduled. 13 This bill should have been out a 14 long time ago, and we've talked about it on both 15 sides of the building; but, again, the unions 16 got involved. And perhaps that's what you heard 17 in your quiet little talk with the president, 18 who is a fine person, who represents a group of 19 very fine teachers. The teachers in our school 20 system, by and large, are excellent teachers who 21 are not given the opportunity because of the 22 bureaucracy involved. 23 110 Livingston Street -- if we 8558 1 were to take one factor of the downfall of our 2 educational system in the city of New York, it's 3 110 Livingston Street, an institution that has 4 not held us in very good stead. 5 From the outset, in the very be 6 ginning, if you will, of the funding process, we 7 had to go with hat in hand to 110 Livingston 8 Street begging for something to go back into our 9 community. Communities weren't treated fairly, 10 and so, desperate through the years about change 11 in our education system, I run into a collision 12 course with the union on a year-to-year basis. 13 I have introduced bills for a 14 voucher system. They tell me, "Senator, if we 15 have a voucher system, we're going to destroy 16 the public school system." Well, I don't think 17 the public school system is doing so hot at the 18 present time. 19 Put another piece of legislation 20 in calling for choice, if you will, all because 21 we're not educating our youngsters, and we have 22 to keep that in mind. 23 Fact of the matter is, Senator, 8559 1 yes, this is a one-house bill, and it's a 2 horrible time as we've said over and over 3 again. But the fact of the matter is that 4 there's a one-house bill passed over here, and 5 there is one over there, but for the first time 6 in all the years that I have been here since 7 1969, this is the first opportunity, long shot 8 that it may be, that we'll have an opportunity 9 to sit down at a conference table and come up 10 with something which I think will be primarily 11 beneficial to our children. 12 So the whole notion -- and the 13 Marchi Commission with a fine bunch of 14 commissioners really said that we have to bring 15 the governance of our school system closer to 16 our communities. We have to get rid of the 17 bureaucracy. We have to change the funding 18 process. We have to equalize it, if you will. 19 I put another bill in one year to 20 say if your reading scores in the district of 21 Bronx County reached a certain low that would be 22 the automatic trigger mechanism for direct 23 funding from the state they would get because 8560 1 the education system has not dealt us a good 2 hand. 3 We know in the city of New York 4 that the formulas have been bad. The Governor 5 mentioned it in the State of the State message, 6 that we had to change the formula for education, 7 and he is right. We are not getting our fair 8 share. 9 If I had my druthers, of course, 10 we'd have a different system. My bill that I 11 put in calls for five boroughs. And so anxious 12 am I to see this change that's going to take 13 place that all the pleases that I would like to 14 see are not in this legislation. I would like 15 more input from the mayor. I would like to have 16 one superintendent who would be hired and that 17 superintendent would then hire all the 18 principals and get some of the nonsense out. 19 Can we eradicate all the bad things that happen? 20 The answer is no. So I'm saying that would be a 21 step in the right direction. 22 So I'm saying, notwithstanding 23 the hour, I want to congratulate Senator Marchi 8561 1 for using his influence to get this bill out, 2 but you can tell the tugging, and you can tell 3 how desperately people did not want this bill to 4 come out, because finally -- and I say this for 5 the record, but for the respect -- it's 6 difficult to grasp this concept. But for the 7 respect for Senator Marchi, this bill would not 8 be out here even at 6:00 o'clock in the morning 9 -- even at 6:00 o'clock in the morning. And 10 I'm not sure -- that's a partial respect. I 11 wish they would give him a little more respect 12 and had this airing two or three weeks ago when 13 we were piddling around doing absolutely 14 nothing, because so crucial is the education of 15 our youngsters that we should not be doing this 16 at night. 17 And I congratulate you, Senator 18 Marchi. I don't agree with all the things that 19 are in this piece of legislation, especially 20 that voting portion. I know it's in the 21 Constitution, and I know the reasons behind it, 22 and I know it's not -- you have to be a 23 registered voter. You have to be a registered 8562 1 voter; you have to have -- I understand all 2 that, but I'm willing to bend a little bit. I'm 3 willing to bend because we're not educating our 4 youngsters, and this is certainly a step in the 5 right direction. 6 ACTING PRESIDENT SPANO: Senator 7 Padavan. 8 SENATOR PADAVAN: Thank you, Mr. 9 President. I'd just like to take a brief moment 10 to build on some of the things that have been 11 said here in support of this legislation, 12 particularly by Senator Marchi and some of the 13 things pointed out by Senator Galiber in terms 14 of the efficacy of an approach that, in many 15 ways, is long overdue. 16 I would challenge anyone to bring 17 in any management firm or group of individuals 18 from any part of the world to New York City and 19 have them take a very hard look, objectively, at 20 our educational system and say to them, "Look, 21 we have a system of a million kids, almost a 22 thousand buildings spread through a very diverse 23 city and it's managed by one place, by one 8563 1 chancellor, by one board of education. What do 2 you think?" 3 There is no doubt in my mind they 4 would come up with something that would be very 5 near to what Senator Marchi and those who worked 6 -- and I had the pleasure of doing that - 7 worked with him in coming up with this proposal. 8 It makes sense because, as 9 Senator Galiber indicated, it brings the 10 educational aspect of governance closer to those 11 being educated and their parents. And when you 12 do that, you can't help but improve the system, 13 just that alone. 14 But there are a number of things 15 in this proposal that are reforms that are long 16 overdue. For instance, one of the common 17 complaints is the fact that in May when we have 18 our school board elections, very few people show 19 up, 10 percent, whatever, and the level of 20 participation is not what it could or should be. 21 And so the suggestion was made 22 time and time again, "Have it on election day." 23 And so, in this bill, Senator Marchi has done 8564 1 that, so that people will be voting for their 2 community school board on election day, the day 3 they are used to going to the polls and are 4 voting for other things. 5 One of the other reforms 6 suggested was this archaic, cumbersome, unwieldy 7 methodology of counting the votes for community 8 school board members. Takes a couple weeks to 9 figure out who won, in terms of how you have to 10 add up, and so on. I don't even fully 11 understand it, to be honest with you. We're 12 doing away with that. We're doing away with 13 that entirely. People will vote for members, 14 and those who get the most votes will win, 15 period. That's the way it should be. 16 You have read, even if you're not 17 from the city of New York, from time to time 18 about scandals in various community school 19 districts of outright theft of resources, money, 20 pianos, supplies, taking that money right out of 21 the desks of our children, taking it away from 22 them. And part of what is contained in this 23 proposal is the establishment of fiscal offices, 8565 1 people who have the responsibility of keeping a 2 very sharp eye on that money, seeing that it's 3 not only not stolen, but it's used to maximize 4 its potential. And dollars are hard to come by, 5 particularly in the city of New York. We've got 6 to get the most for our buck. And again, one of 7 the reforms in this bill accomplishes that 8 worthy goal and, well, I might add, some very 9 serious criminal penalties about theft and 10 misappropriation of funds within our school 11 system. 12 The political representation is 13 given due acknowledgement, the Mayor, the 14 Borough President, the City Council, will all 15 have opportunities in each of the boroughs to 16 select and nominate members of those community 17 school boards -- borough school boards. 18 In addition, the community school 19 boards will have an opportunity to direct 20 individuals to the borough boards, and so you 21 will have an excellent combination of the 22 political structure, citywide as well as the 23 localized concerns and interests reflected by 8566 1 Borough Presidents and City Council members. I 2 think it's a good mix, and it's laid out very 3 specifically in this proposal. 4 So when you put it all together, 5 even with some of the things that you might - 6 minor things, perhaps not so minor, things that 7 you might not agree with, but in the broad brush 8 it's a quantum leap forward in terms of the 9 operation of the largest school district, the 10 largest school system to be found anywhere in 11 the world. 12 It's unfortunate that we're 13 dealing with it here at 7:00 a.m. in the 14 morning. That's not our fault. But at the same 15 time we are dealing with it. And compliment 16 Senator Marchi on being lucid this morning as 17 he's been lucid on this issue for the last 18 twenty years or more as he's dealt with the 19 issue of decentralization. This is a natural 20 evolution of what he began more than two decades 21 ago, and it brings us to a point we should have 22 been a while ago, but at least we're there now. 23 And, hopefully, at some future 8567 1 date we can reach the very point we want to get 2 to and go over that goal line. It will be a 3 victory not just for -- not for us, really. It 4 will be a victory for the kids, children, 5 parents, and the schools in the city of New 6 York. 7 ACTING PRESIDENT SPANO: Senator 8 Stavisky. 9 SENATOR STAVISKY: All of us have 10 profound regard for Senator Marchi and his 11 contributions to education and to the city of 12 New York over the years, and this piece of 13 legislation is evidence of Senator Marchi's 14 continuing desire to improve the system. 15 Unfortunately, its focus is on 16 rearranging the furniture on the Titanic rather 17 than a focus directed at the objective of a 18 school system, pupil performance, teacher 19 performance, the role of supervisors, the role 20 of the policy boards, in trying to have the 21 children succeed and not drop out of school and 22 not be turned off, and that has to be the focal 23 point of any attempt to improve the system. 8568 1 A piece of legislation that would 2 focus on pupil performance and on the 3 performance of all of the other participants, I 4 think, Senator Marchi, would perhaps be a more 5 constructive way of addressing the issue. What 6 works in terms of improving pupil performance? 7 What demonstrable studies indicate the 8 methodologies that will accomplish the desired 9 results? Can we provide incentives for those 10 schools, those teachers, those parents and 11 policy boards that accomplish results that raise 12 pupil performance, and that really ought to be 13 the thrust of any attempt at trying to improve 14 the system. 15 It is not the system that needs 16 an education. It is children. I find that 17 there are ingredients in this legislation. I 18 have a bill in the Senate Education Committee to 19 provide for a November election every fourth 20 year, when there are no major contests for 21 president, governor, mayor or any other 22 position. And I agree that this provision here, 23 if nothing else were done, if you took that 8569 1 ---forget my bill. Take it and put it in as a 2 discrete separate piece in order to improve 3 parental involvement and public involvement in 4 the community school board elections. 5 But you've got other things here, 6 Senator Marchi, that do a disservice, in effect, 7 to where education -- to the way education 8 functions in the state of New York. 9 We have more than 700 school 10 districts in the state. And in all but five of 11 them, as you pointed out, they are fiscally 12 independent, where no mayor, no town official, 13 no county official could in any way control the 14 school system. The schools are separate. No 15 local official could balance a budget by pulling 16 out resources from the schools because the 17 schools do get a large proportion of state aid. 18 And some years ago, you remember, we had what 19 was known as the Stavisky-Goodman Law designed 20 to prevent that from happening unfairly. 21 But you have here things that 22 ought not to be. Education is not a municipal 23 function. It should not be a function of City 8570 1 Hall. It should be the function of a school 2 system with a board and a professional. Call 3 that professional a superintendent, call that 4 professional a chancellor. But in every one of 5 the school systems in this state, a local board 6 of education chooses its chancellor or 7 superintendent without too much involvement with 8 municipal government. 9 In all but five of the more than 10 700 school districts, education is separate from 11 municipal government. We have here the 12 abolition of the Central Board of Education. 13 Fine. You want to get rid of 110 Livingston 14 Street? Be our guest. But we also get rid of 15 the superintendent who is the professional to 16 hold the system together. Must we have a 17 curriculum that is a battle within each borough 18 of what should be included or what should not be 19 included; or is it preferable to have curricula 20 as well as personnel matters decided on a 21 citywide level? Otherwise, you will be 22 replicating and wasting money while they get 23 involved in intraborough battles as to what 8571 1 should be taught and what should be not be 2 taught. An administrator pointed by the mayor 3 makes this essentially a mayoral agency, and 4 that should not be the way that any school 5 system operates. 6 I would like to ask the members, 7 and I wish all the members were here, to hear 8 and to reflect on what you have proposed. I 9 would like to ask them whether they would like 10 to have a mayor select the superintendent for 11 their school district throughout the state of 12 New York in the 700 districts where we don't 13 have mayoral control or local official control 14 over legislation, and I think most of the 15 members here would agree that they would not 16 want that type of intrusion. 17 You have the requirement here 18 that the borough boards would have the power to 19 appoint a borough superintendent, but only with 20 the approval of the state Education 21 Commissioner. I would like to ask the 22 legislators who represent other school 23 districts, do they wish to give to the state 8572 1 Education Commissioner the power to decide who 2 their local superintendent would be? They would 3 laugh at us if we proposed that. They would say 4 absolutely not. We don't want the Commissioner 5 of Education -- across the street here - 6 deciding who our superintendent will be. Same 7 thing with the community school boards. 8 Now, the borough decides whether 9 a community school board can hire its local 10 superintendent, and again it's a confusion of 11 roles. 12 Proportional representation is 13 eliminated. Fine. As you know, we did this 14 because Dr. George Gallup, a very revered and 15 decent man, said is that -- Hallett. Hallett, 16 not Gallup. At this point we seem to be polling 17 the clock. But Dr. George Hallett, a very 18 revered individual, the world's leading 19 authority on proportional representation, 20 convinced the Legislature that this would be a 21 way that no one group would dominate the 22 election of the school boards. 23 You would eliminate that system. 8573 1 I have no problem with it, and you would also 2 propose a November election, and I think that 3 makes eminent good sense. 4 But now you go into taking away, 5 as Senator Galiber pointed out, something that 6 involves parents who may not yet be citizens but 7 whose children are going to schools. You take 8 away their right to participate as parent 9 voters. It's very difficult to take a power 10 away once it has been given. Many parents feel 11 that is their link to the school system, and I'm 12 not sure about that. 13 The change in the period of time 14 in which charges may be brought against tenured 15 teachers. I dare say if someone did ask the 16 representative of the teachers, the union for 17 the teachers about this provision, I'd say you 18 probably would get a resounding memo of 19 opposition to that provision. 20 Finally, we have been spared thus 21 far from the involvement in one of the issues 22 that tore the school system apart, the 23 distribution of condoms. Suddenly, that appears 8574 1 in this bill, and now the New York State 2 Legislature is involved in an issue that 3 polarized the New York City school system. 4 I hope you will continue to work 5 toward an improvement in the school system and 6 particularly an improvement in the manner in 7 which children are taught and what they learn. 8 Focus on the inadequate financing from the state 9 and from Washington of aid to the New York City 10 school system. Focus on the inequities in the 11 formula, the state and federal aid formulas. 12 Focus on how we can provide the resources to 13 accomplish the things that I think every 14 legislator wants for the children of his or her 15 district. 16 But this, at this hour -- we may 17 be continuing this long enough so that at 9:00 18 o'clock in the morning is a good time for the 19 Legislature to be in session, although not after 20 the Legislature has been subject to this kind of 21 schedule. 22 Bring it back. Bring it back in 23 an absolutely different form. Leave out the 8575 1 polarizing features of this piece of 2 legislation, and I'm sure that you will have 3 support. Certain substantive changes but not 4 necessarily in the way that this bill is drawn. 5 ACTING PRESIDENT SPANO: Read the 6 last section. 7 THE SECRETARY: Section 55. This 8 act shall take effect March 1, 1994. 9 ACTING PRESIDENT SPANO: Call the 10 roll. 11 (The Secretary called the roll. ) 12 ACTING PRESIDENT SPANO: Senator 13 Montgomery to explain her vote. 14 SENATOR MONTGOMERY: Thank you, 15 Mr. President. I want to compliment Senator 16 Marchi for his many years of work on this 17 particular issue. I am, however, going to vote 18 against this bill, and one of the reasons why I 19 am opposed to it is because I'm not clear where 20 the final authority lies for the success or 21 failure of the system. 22 And I, being a parent of a child 23 in the school system, am very keenly aware there 8576 1 are some areas where there is incompetence. 2 There is a very clear need for there to be 3 someone who steps in at any given moment and is 4 able to make a definitive decision on what is 5 happening in a particular school, especially as 6 it pertains to the success or the failure of 7 that school vis-a-vis the principal, the 8 teachers, the school board, community school 9 board, and what have you. 10 We just passed legislation 11 sponsored by Senator Padavan which establishes 12 or at least attempts to establish accountability 13 as it relates to the custodians in the system. 14 I would like to ensure that at least when we 15 look at school reform, there is as part of that 16 reform a particular person, a commissioner, if 17 it's the administrator, whatever the name of 18 that person. There has to be a person who is 19 ultimately responsible and in charge of that 20 system, and I don't get the sense that this 21 legislation does that. 22 And so I am going to vote against 23 this legislation not because I don't think that 8577 1 you're trying to do something about a system 2 that is obviously not working, especially for 3 children, but because I think it lacks the key 4 ingredient to the ultimate successes of that 5 system; and that is, someone who we all can look 6 to -- not the board members and not to establish 7 three additional layers. We now have -- based 8 on this proposal, we have the community school 9 board, we now have the borough board, we now 10 have the borough superintendent, and I'm not 11 sure who is ultimately responsible. We now have 12 the borough president involved. And there are 13 so many layers before you ever even get to who 14 is accountable ultimately, and that does not 15 seem to be the Commissioner of the state of New 16 York necessarily. 17 And so I think that is a very 18 specific weakness in this legislation in this 19 attempt, and I urge my colleagues to vote it 20 down in the spirit of us taking a very serious 21 look at what will make a difference in the city 22 of New York in that school system. 23 I don't believe this is what is 8578 1 going to turn it around altogether. There are 2 some parts of it that I certainly do appreciate 3 you doing, but I think that that is missing. 4 And, lastly, we certainly do not 5 want in any way to send a message, I don't 6 believe, to the Board of Ed of the city of New 7 York or any system in this state, a message that 8 we are opposed -- the Legislature of the state 9 of New York is opposed to an attempt to prevent 10 the spread of AIDS among teens in particular, in 11 our schools. So when we put into statute a 12 provision which sends that kind of signal 13 because we are requiring this written parental 14 consent for the distribution of condoms, I think 15 that is absolutely -- based on every single 16 medical expert in the world, that that is the 17 wrong signal to send, that we do not approve of 18 attempts to prevent the spread of AIDS. 19 So I am opposed to this 20 legislation. 21 ACTING PRESIDENT SPANO: Senator 22 Montgomery in the negative. 23 Announce the results. 8579 1 SENATOR JONES: Mr. President. 2 ACTING PRESIDENT SPANO: Senator 3 Jones -- sorry -- to explain her vote. 4 SENATOR JONES: Yes. To explain 5 my vote. There probably is no one here that 6 cares more about kids and education than I do, 7 and you certainly convinced me that major change 8 is needed in the New York City school system, 9 but I would not feel at all comfortable by 10 accepting a plan that I really do not feel I 11 know enough about or have had enough time to 12 study. 13 So I would have to vote no on 14 this bill, but I would certainly hope that those 15 of you who are working on this issue will 16 continue to do that, certainly for the good of 17 the children and everyone involved in this New 18 York City school system. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 1685 are 21 Senators Espada, Gold, Gonzalez, Hoffmann, 22 Jones, Leichter, Markowitz, Mendez, Montgomery, 23 Ohrenstein, Oppenheimer, Smith, Stavisky and 8580 1 Waldon. Ayes 44, nays 14. 2 ACTING PRESIDENT SPANO: The bill 3 is passed. 4 Senator Present. 5 SENATOR PRESENT: Call Calendar 6 1580. 7 ACTING PRESIDENT SPANO: 8 Secretary will read Calendar 1580. 9 THE SECRETARY: Calendar Number 10 1580, by the Assembly Committee on Rules, 11 Assembly Bill Number 8652, with a Senate Reprint 12 Number of 21005A, an act to amend the Public 13 Health Law, in relation to exempting miniatures 14 from certain regulations. 15 SENATOR PRESENT: Mr. President, 16 I move to accept the message of necessity which 17 I believe is at the desk. 18 ACTING PRESIDENT SPANO: Message 19 is at the desk. 20 All those in favor signify by 21 saying aye. 22 (Response of "Aye.") 23 Opposed, nay. 8581 1 (There was no response. ) 2 The message is accepted. 3 Senator Gold. 4 SENATOR GOLD: Mr. President, I 5 would like to point out to the body that if they 6 compare the original print reported out of 7 committee and they compare this print, they 8 don't look anything alike and the reason is 9 because Senator Saland is a gentleman. We had 10 an intelligent discussion, at least from his 11 point of view, and this bill is now a credit to 12 the process. I wish we had more of it. 13 Senator Saland, thank you. I 14 think you have done a wonderful thing, and I 15 appreciate your cooperation. 16 Last section. 17 ACTING PRESIDENT SPANO: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SPANO: Call the 22 roll. 23 (The Secretary called the roll. ) 8582 1 THE SECRETARY: Ayes 59. 2 ACTING PRESIDENT SPANO: The bill 3 is passed. 4 Senator Present. 5 SENATOR PRESENT: Mr. President, 6 I would like to call an immediate meeting of the 7 Rules Committee in Room 332. 8 ACTING PRESIDENT SPANO: 9 Immediate Rules Committee meeting in Room 332. 10 Senator Velella. 11 SENATOR VELELLA: Mr. President, 12 I move to amend Senate Bill Number 5518A by 13 striking out the amendments made on June 24 and 14 restoring it to its original Print Number 5518. 15 ACTING PRESIDENT SPANO: Without 16 objection. 17 Senator Volker. 18 SENATOR VOLKER: Mr. President. 19 I wish to call up my bill, Senate Print Number 20 4242A, recalled from the Assembly which is now 21 at the desk. 22 ACTING PRESIDENT SPANO: 23 Secretary will read. 8583 1 THE SECRETARY: By Senator 2 Volker. Senate Bill Number 4242A, an act to 3 amend Chapter 68 of the Laws of 1968. 4 ACTING PRESIDENT SPANO: The bill 5 is before the house. 6 SENATOR VOLKER: Now move to 7 reconsider the vote by which this bill was 8 passed and ask that the bill be restored to the 9 order of third reading. 10 ACTING PRESIDENT SPANO: The 11 Secretary will call the roll on reconsideration. 12 (The Secretary called the roll on 13 reconsideration. ) 14 THE SECRETARY: Ayes 58. 15 ACTING PRESIDENT SPANO: The bill 16 is before the house. 17 SENATOR VOLKER: Mr. President, I 18 now move to discharge from the Committee on 19 Finance Assembly Print Number 6788A and 20 substitute it for my identical bill. The Senate 21 bill on first passage was voted unanimously. I 22 now move that the substituted Assembly bill have 23 its third reading at this time. 8584 1 ACTING PRESIDENT SPANO: 2 Substitution ordered. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SPANO: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Unanimous. 10 ACTING PRESIDENT SPANO: The bill 11 is passed. 12 (Whereupon, Lt. Governor Lundine 13 was in the chair. ) 14 SENATOR COOK: Mr. President. 15 THE PRESIDENT: Senator Cook. 16 SENATOR COOK: Could we take up 17 395, please. 18 THE PRESIDENT: Secretary will 19 read. 20 THE SECRETARY: On page 6 of the 21 regular calendar, Calendar Number 395, by member 22 of the Assembly Parment, Assembly Bill Number 23 3819B, Agriculture and Markets Law. 8585 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 57, nays 1, 8 Senator Leichter recorded in the negative. 9 THE PRESIDENT: The bill is 10 passed. 11 SENATOR COOK: Mr. President. 12 THE PRESIDENT: Senator Cook. 13 SENATOR COOK: Could we now go to 14 Supplemental Calendar Number 4 and do that 15 controversial, please. 16 THE SECRETARY: Calendar Number 17 1686, substituted earlier, by the Assembly 18 Committee on Rules, Assembly Bill Number 8523-C, 19 Public Health Law, in relation to the provision 20 of ambulance service. 21 THE PRESIDENT: Last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8586 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll. ) 3 THE PRESIDENT: Senator Tully. 4 SENATOR TULLY: Mr. President, to 5 explain my vote. 6 This bill was introduced to 7 permit the Hasbollah Ambulance Service to 8 operate its ambulance service across county 9 lines exclusively to serve members of the 10 Hasidic community in contravention of rules 11 regarding areas of operation that must be 12 observed by other ambulance services pursuant to 13 their approved certificates of need. 14 This bill, if passed, would fly 15 in the face of the consensus process whereby 16 Article 30 and its subsequent technical 17 amendments were laboriously crafted by all 18 providers of EMS services in the state last 19 year. We really are faced with a Hobson's 20 choice in the sense that those who seek this 21 bill should have been involved in the Article 30 22 process last year which was the subject of over 23 a year of negotiations and perhaps they should 8587 1 have had a grandfathering or grandfather clause, 2 but, unfortunately, that was not the case. 3 They were not included, and 4 currently there is very, very strong opposition 5 of many people in this state, the EMS people of 6 the volunteer fire service, the fire commission 7 ers of Nassau County, the New York State 8 Association of Fire Chiefs, to name just a few. 9 I believe that this is a very, 10 very difficult situation. I would hope that, in 11 the future, something could be worked out but, 12 in view of the opposition of all of those 13 members and in view of the current Article 30 of 14 the Public Health Law, I'm constrained to vote 15 in the negative. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1686 are 18 Senators Hannon, Jones, Marino, Skelos, 19 Stachowski and Tully. Ayes 52, nays 6. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1689, substituted earlier, by the Assembly 8588 1 Committee on Rules, Assembly Bill Number 8846, 2 amends Chapter of the Laws of 1993. 3 THE PRESIDENT: Last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 SENATOR GALIBER: Mr. President. 7 THE PRESIDENT: Senator Galiber. 8 SENATOR GALIBER: Senator Libous 9 yield for a question? 10 Is this the same bill that we 11 debated maybe six months ago, probably 12 yesterday, but it seems like six months ago. 13 SENATOR LIBOUS: Senator Galiber, 14 it seems like only six months ago. Yesterday. 15 SENATOR GALIBER: Only six 16 months. 17 SENATOR LIBOUS: Yes, it is. 18 SENATOR GALIBER: And the amend 19 ment on this does what? This is the third time 20 it's back before us. 21 SENATOR LIBOUS: Yes, it's 22 actually changing the date to September 30th. 23 SENATOR GALIBER: O.K. Good. 8589 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 55, nays 3, 3 Senators Galiber, Leichter and Ohrenstein 4 recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1691, Senator LaValle moves to discharge the 9 Committee on Rules from Assembly Bill Number 10 8867 and substitute it for the identical Third 11 Reading 1691. 12 THE PRESIDENT: Substitution 13 ordered. There is a message of necessity at the 14 desk. 15 SENATOR COOK: Mr. President, I 16 move that we accept the message. 17 THE PRESIDENT: On the motion, 18 all those in favor say aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response.) 22 The ayes have it. The motions 23 agreed to. The the message is accepted. 8590 1 Last section. 2 SENATOR DOLLINGER: What number? 3 THE PRESIDENT: 1691. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 58. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar 1692. 11 THE PRESIDENT: The bill is 12 high. It will be laid aside. That completes - 13 SENATOR COOK: Mr. President, 14 could we stand at ease for a few moments. 15 THE PRESIDENT: The Senate will 16 stand at ease. 17 SENATOR COOK: There will be 18 momentarily a great wonderful surprise for us. 19 THE PRESIDENT: Senator 20 Dollinger. 21 SENATOR DOLLINGER: Mr. 22 President, could I have unanimous consent to be 23 recorded in the negative on 1685, Mr. President? 8591 1 THE PRESIDENT: Without 2 objection, so ordered. 3 SENATOR STAFFORD: Mr. President. 4 THE PRESIDENT: Senator Stafford. 5 SENATOR STAFFORD: Like to 6 announce an immediate meeting of the Committee 7 on Finance in Room 332, please. 8 THE PRESIDENT: Finance Committee 9 meeting, Room 332. 10 Senator DeFrancisco. 11 SENATOR DeFRANCISCO: May I have 12 unanimous consent, Mr. President, to be recorded 13 in the negative on Calendar Number 1686, Senate 14 Print 5916-B please? 15 THE PRESIDENT: Without 16 objection, it's so ordered. 17 SENATOR GOLD: Mr. President. 18 THE PRESIDENT: Senator Gold. 19 SENATOR GOLD: Yeah. Can I do a 20 housekeeping matter, or we're not ready? 21 THE PRESIDENT: Pardon? 22 SENATOR GOLD: Yeah. 23 THE PRESIDENT: Senator Gold. 8592 1 SENATOR GOLD: I just wanted 2 unanimous consent to be recorded in the negative 3 on Calendar Number 1689. 4 THE PRESIDENT: Without 5 objection, so ordered. 6 SENATOR ONORATO: Mr. President. 7 THE PRESIDENT: Senator Onorato. 8 SENATOR ONORATO: I would also 9 like unanimous consent to be recorded in the 10 negative on Calendar Number 1689. 11 THE PRESIDENT: Without 12 objection, so ordered. 13 SENATOR PRESENT: Mr. President. 14 THE PRESIDENT: Senator Present. 15 SENATOR PRESENT: May we return 16 to reports of standing committees. 17 THE PRESIDENT: Secretary will 18 read. 19 THE SECRETARY: Senator Marino, 20 from the Committee on Rules, reports the 21 following bills directly for third reading: 22 Senate Bill Number 1201, by 23 Senator Ohrenstein, an act to amend the Tax Law; 8593 1 2231, by Senator Velella, an act 2 to amend the Insurance Law; 3 5518, by Senator Velella, an act 4 to amend the Insurance Law; 5 5901-A, by Senator Jones, 6 authorize the Commissioner of General Services 7 to grant an easement; 8 5949-A, by Senator Dollinger, 9 Commissioner of General Services to sell and 10 convey state-owned lands; 11 6011, by the Committee on Rules, 12 Private Housing Finance Law; 13 6156, by Senator Marchi, 14 Navigation Law; 15 6207, by the Committee on Rules, 16 an act to amend the Insurance Law; 17 6208, by Senator Johnson, 18 Environmental Conservation Law; 19 6209, by Senator DeFrancisco, 20 Executive Law; 21 6210, by the Committee on Rules, 22 an act to amend the Tax Law; 23 6211, by the Committee on Rules, 8594 1 Education Law; 2 Assembly Bill Number 750-C, by 3 member of the Assembly Bragman, create a Motor 4 Carrier Advisory Council; 5 Assembly Bill Number 8528, by the 6 Committee on Rules, Public Authorities Law; 7 Senate Bill Number 8602, by the 8 committee so rules, an act to amend the 9 Insurance Law; 10 Senate Bill Number 2591, by 11 Senator Velella, an act to amend the Insurance 12 Law. 13 All bills reported directly for 14 third reading. 15 THE PRESIDENT: Third reading. 16 THE SECRETARY: Senator Stafford, 17 from the Committee on Finance, reports the 18 following nominations: 19 Member of the Metropolitan 20 Transportation Authority Barry Feinstein, of 21 Clinton Corners; 22 Member of the Small Business 23 Advisory Board, Harold H. Connor, of East 8595 1 Aurora; 2 Member of the St. Lawrence 3 Eastern Ontario Commission, Louis J. Fabrizio of 4 Fulton; Louis W. Kent, of Oswego; Betty McLean 5 of Carthage, and Darrell W. Weston, of Wellesley 6 Island; 7 Member of the New York State 8 Bridge Authority, Philip F. Abitabile, of 9 Hudson. 10 THE PRESIDENT: The question is 11 on the confirmation of the nominees. All those 12 in favor say aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 The ayes have it. The nominees 17 are confirmed. 18 SENATOR PRESENT: Mr. President, 19 we will stand at ease for a few moments. 20 THE PRESIDENT: Senate will stand 21 at ease. 22 (The Senate stood at ease 23 briefly.) 8596 1 THE PRESIDENT: Senator Present. 2 SENATOR PRESENT: Mr. President. 3 Mr. President, could we call up Calendar Number 4 1700. 5 THE SECRETARY: On Supplemental 6 Calendar Number 5, on page 2, Calendar Number 7 1700, Senator Marino moves to discharge the 8 Committee on Rules from Assembly Bill Number 9 8869 and substitute it for the identical Third 10 Reading 1700. 11 SENATOR PRESENT: Mr. President, 12 I move - 13 THE PRESIDENT: Could we have 14 some order. On the motion, all those in favor 15 say aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response.) 19 The ayes have it. The motion is 20 agreed to, and the message is accepted. 21 Last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8597 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 58. 4 THE PRESIDENT: The bill is 5 passed. 6 Senator Present. 7 SENATOR PRESENT: Can we have 8 non-controversial calendar on Calendar Number 9 5. 10 THE PRESIDENT: Secretary will 11 read. 12 THE SECRETARY: Supplemental 13 Calendar Number 5, Calendar Number 1693, Senator 14 Ohrenstein moves to discharge the Committee on 15 Rules from Assembly Bill Number 2149 and 16 substitute it for the identical Third Reading 17 1693. 18 THE PRESIDENT: Substitution 19 ordered. Last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 8598 1 THE SECRETARY: Ayes 58. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1694, Senator Velella moves to discharge the 6 Committee on Rules from Assembly Bill Number 7 6000 and substitute it for the identical Third 8 Reading 1694. 9 THE PRESIDENT: Substitution 10 ordered. Last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 58. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1695, by Senator Velella, Senate Bill Number 20 5518, an act to amend the Insurance Law. 21 THE PRESIDENT: Last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8599 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1696, Senator Jones moves to discharge the 8 Committee on Rules from Assembly Bill Number 9 6827 and substitute it for the identical Third 10 Reading 1696. 11 THE PRESIDENT: Substitution 12 ordered. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll. ) 17 SENATOR PATAKI: Mr. President, 18 explain my vote. 19 THE PRESIDENT: O.K. Senator 20 Pataki is recognized to explain his vote. 21 SENATOR PATAKI: Mr. President, 22 this bill and the next bill both concern the 23 conveyance of interest in state lands to private 8600 1 or not-for-profit organizations. I'm con 2 strained to vote no because in neither bill is 3 there a requirement that any consideration be 4 paid and specifically no requirement that fair 5 market value be paid. 6 I had a similar bill. The 7 Assembly insisted that my town have an emergency 8 meeting to adopt a home rule message on a 9 chapter amendment requiring that that transfer 10 be for fair market value, notwithstanding the 11 fact that the property would have been used for 12 public park purposes. 13 I think it should be consistent 14 policy; I think that policy should require that 15 transfers of state land be for fair market 16 value. So, for that reason, I request to be 17 recorded in the negative. 18 SENATOR GOLD: Results. 19 THE SECRETARY: Ayes 57, nays 1, 20 Senator Pataki recorded in the negative. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 8601 1 1697, Senator Dollinger moves to discharge the 2 Committee on Rules from Assembly Bill Number 3 8566-A and substitute it for the identical Third 4 Reading 1697. 5 THE PRESIDENT: Substitution 6 ordered. 7 SENATOR GOLD: Last section. 8 THE PRESIDENT: Last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 57, nays 14 one, Senator Pataki recorded in the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1698, Senator Hannon moves to discharge the 19 Committee on Rules from Assembly Bill Number 20 1761 and substitute it for the identical Third 21 Reading 1698. 22 THE PRESIDENT: Substitution 23 ordered. Last section. 8602 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1699 -- Calendar Number 1699, by Senator Marchi, 10 Senate Bill Number 6156, an act to amend the 11 Navigation Law. 12 THE PRESIDENT: Last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 58. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1701, Senator Johnson moves to discharge the 22 Committee on Rules from Assembly Bill Number 23 8870 and substitute it for the identical Third 8603 1 Reading 1701. 2 THE PRESIDENT: There is a 3 message at the desk. Oh, substitution ordered. 4 There is a message at the desk. 5 SENATOR PRESENT: Mr. President, 6 I move we accept the message. 7 THE PRESIDENT: On the motion, 8 all those in favor, say aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response.) 12 The ayes have it. The motion is 13 agreed to. The message is accepted. Last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 58. 20 THE PRESIDENT: The bill - 21 THE SECRETARY: Excuse me. Ayes 22 57, nays one, Senator Sears recorded in the 23 negative. 8604 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1702, Senator DeFrancisco moves to discharge the 5 Committee on Finance from Assembly Bill Number 6 8512-B and substitute it for the identical Third 7 Reading 1702. 8 THE PRESIDENT: Substitution 9 ordered. 10 There is a message at the desk. 11 On Senator Present's motion, all those in favor 12 say aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 The ayes have it. The motion is 17 agreed to. The message is accepted. Last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 58. 8605 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1703, Senator Marino moves to discharge the 5 Committee on Rules from Assembly Bill Number 6 8871 and substitute it for the identical Third 7 Reading 1703. 8 THE PRESIDENT: Substitution 9 ordered. 10 SENATOR PRESENT: Mr. President, 11 I move we accept the motion, the message which 12 is at the desk. 13 THE PRESIDENT: On Senator 14 Present's motion, all those in favor say aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response.) 18 The ayes have it. The motion is 19 agreed to. The message is accepted. 20 Last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 8606 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 58. Excuse 3 me. Ayes 57, nays one, Senator Sears recorded 4 in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1704, by member of the Assembly Bragman, 9 Assembly Bill Number 750-C, create a Motor 10 Carrier Advisory Council. 11 THE PRESIDENT: On the motion, 12 all those in favor say aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 The ayes have it. The motion is 17 agreed to. The message is accepted. 18 Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 57, nays 8607 1 one, Senator Leichter recorded in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1705, by the assembly Committee on Rules, 6 Assembly Bill Number 8528, Public Authorities 7 Law. 8 THE PRESIDENT: Last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 57, nays 14 one, Senator Tully recorded in the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1706, by the Senate Committee on Rules, Senate 19 Bill Number 6211, Education Law, to the reforms 20 of boards of cooperative educational services. 21 THE PRESIDENT: The bill is high 22 and there is no message; so it will be laid 23 aside. 8608 1 THE SECRETARY: Calendar Number 2 1707, by the Assembly Committee on Rules, 3 Assembly Bill Number 8602, an act to amend the 4 Insurance Law. 5 THE PRESIDENT: Last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 58. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1708, Senator Velella moves to discharge the 15 Committee on Rules from Assembly Bill Number 16 5998 and substitute it for the identical Third 17 Reading 1708. 18 THE PRESIDENT: Substitution 19 ordered. Last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 8609 1 THE SECRETARY: Ayes 58. 2 THE PRESIDENT: The bill is 3 passed. 4 SENATOR GOODMAN: Mr. President. 5 THE PRESIDENT: Senator Goodman. 6 SENATOR GOODMAN: Mr. President, 7 with respect to Calendar Number 1688, Senate 8 6007, had I been present, I'd wish to be 9 recorded in the affirmative. 10 THE PRESIDENT: The record will 11 so indicate. 12 SENATOR HOLLAND: Mr. President. 13 THE PRESIDENT: Senator Holland. 14 SENATOR HOLLAND: With unanimous 15 consent, I'd like to change my yea to a nay on 16 1688. 17 THE SECRETARY: Yea to nay on 18 1688. 19 THE PRESIDENT: Without 20 objection, it's so ordered. 21 SENATOR PRESENT: Senator 22 Present. 23 SENATOR PRESENT: Mr. President, 8610 1 there being no further business, I move that we 2 adjourn until Thursday, July 8th, at 8:30 a.m. 3 THE PRESIDENT: The Senate stands 4 adjourned. 5 (Whereupon at 8:29 a.m., the 6 Senate adjourned.) 7 8 9 10 11 12 13 14 15