Monday, May 23, 1994

3849 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 23, 1994 10 5:03 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR MICHAEL F. NOZZOLIO, Acting President 18 STEPHEN F. SLOAN, Secretary. 19 20 21 22 23 3850 1 P R O C E E D I N G S 2 ACTING PRESIDENT NOZZOLIO: The 3 Senate will come to order. Please join me in 4 reciting the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 Members of the Senate, we are 8 very pleased today to have with us a visiting 9 clergy, Father Joseph Catanise, who is currently 10 assistant pastor of Holy Trinity Church in 11 Webster, where he also serves as chaplain at 12 Rochester General Hospital. 13 Recently, Father Catanise, a very 14 close personal friend of mine, has been named 15 Pastor of Dansville, New York. 16 Welcome, Father Catanise. 17 FATHER CATANISE: Let us pray. 18 Good and gracious God, we ask 19 Your blessing upon the people of the state of 20 New York and this Senate which they have 21 chosen. 22 Loving God, we ask You to open 23 their hearts and their minds to enact laws that 3851 1 promote and protect the common good. 2 May their work help to create a 3 just society based upon the principles that all 4 life has value and that every human person has 5 dignity. 6 Fill them with wisdom and give 7 them courage that they may be true leaders of 8 Your people to face the challenges that are ever 9 before us. 10 May they enact laws that chal 11 lenge ignorance, prejudice, biases and 12 discrimination of every kind; that create equal 13 opportunities for learning and employment; that 14 promote the tearing down of barriers to the 15 handicapped, and to give access to health care 16 to all, that preserve and protect our 17 environment and that foster the arts and 18 culture. Through their sound governing, may 19 they eradicate the violence that plagues our 20 society and usher in an era of harmony and 21 peace. 22 We ask all these things in Your 23 name. Amen. 3852 1 ACTING PRESIDENT NOZZOLIO: Thank 2 you, Father. 3 The Secretary will read the 4 Journal. 5 THE SECRETARY: In Senate, 6 Sunday, May 22nd. The Senate met pursuant to 7 adjournment, Senator Farley in the Chair upon 8 designation of the Temporary President. The 9 Journal of Saturday, May 21st, was read and 10 approved. On motion, the Senate adjourned. 11 SENATOR STAFFORD: Mr. President. 12 ACTING PRESIDENT NOZZOLIO: 13 Hearing no objection, the Journal stands 14 approved as read. The order of business: 15 Senator Stafford. 16 SENATOR STAFFORD: Could I please 17 interrupt and announce an immediate meeting of 18 the Committee on Finance in Room 332? 19 ACTING PRESIDENT NOZZOLIO: There 20 will be an immediate meeting of the Committee on 21 Finance in Room 332. 22 Order of business: 23 Presentation of petitions. 3853 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Farley. 9 SENATOR FARLEY: Thank you, Mr. 10 President. 11 Amendments are offered to the 12 following Third Reading Calendar bills: By 13 Senator Holland, page 5, Calendar 301, Senate 14 Print 6309-B. 15 By Senator DeFrancisco, page 15, 16 Calendar 646, Senate Print 6579-A. 17 By Senator Seward, on page 16, 18 Calendar Number 679, Senate Print 4260-A. 19 And by Senator Farley, on page 20 23, Calendar 815, Senate Print 5038. 21 By Senator Skelos, on page 33, 22 Calendar 967, Senate Print 6733. 23 And by Senator Daly, on page 35, 3854 1 Calendar Number 93, Senate Print 5407-B, and I 2 move that these bills retain their place on the 3 Third Reading Calendar. 4 ACTING PRESIDENT NOZZOLIO: The 5 amendments are received. 6 SENATOR LACK: Mr. President. 7 ACTING PRESIDENT NOZZOLIO: 8 Senator Lack. 9 SENATOR LACK: Mr. President, I 10 apologize for standing up and breaking one of 11 our rules, but I do so only in the spirit that 12 it's a good rule to break, to introduce a friend 13 of mine who is sitting next to me in our 14 chamber. 15 He is the Speaker of the Oregon 16 House, Speaker Larry Campbell, who is not only a 17 close friend, he's the current Chair of the 18 state and federal Assembly of the National 19 Conference of State Legislators and the 20 president of the National Republican Legislators 21 Association, and I can tell you that Speaker 22 Campbell, who came over here promptly at 3:00 23 o'clock for session because in Oregon, the 3:00 3855 1 o'clock session is at 3:00 o'clock, is happy to 2 be here and part of our Senate proceedings 3 today. 4 And, Mr. President, I would ask 5 you to extend a welcome on behalf of all of us 6 in the house. 7 ACTING PRESIDENT NOZZOLIO: Thank 8 you, Senator Lack. 9 Senator Farley. 10 SENATOR FARLEY: On behalf of the 11 rest of the Senate, I would like to also welcome 12 Speaker Larry Campbell, a colleague that I have 13 served with with the National Republican 14 Legislators as the past president. 15 Larry is an outstanding Speaker 16 and one that is recognized throughout the United 17 States. He has been very active in our National 18 Conference of State Legislators and it's a real 19 honor to have you here in what the Smithsonian 20 has called, Larry, the most beautiful room in 21 America. Welcome. 22 SENATOR GOLD: Mr. President. 23 ACTING PRESIDENT NOZZOLIO: 3856 1 Senator Gold. 2 SENATOR GOLD: I heard what 3 Senator Lack said and I want to say that I not 4 only want to welcome the Speaker but welcome his 5 watch, because apparently your watch works 6 better than our clocks in New York, and I also 7 want to welcome him because I understand that 8 while he is now the Speaker in his third year, I 9 believe, he did serve his people in a real 10 capacity for eight years when he carried on the 11 good fight as a minority leader. 12 ACTING PRESIDENT NOZZOLIO: On 13 behalf of Senator Marino, and all of the members 14 of the Senate, we welcome the distinguished 15 Speaker to the chamber today and hope he enjoys 16 the proceedings. 17 (Applause.) 18 ACTING PRESIDENT NOZZOLIO: The 19 Secretary will read substitutions. 20 THE SECRETARY: On page 13 of 21 today's calendar, Senator Kuhl moves to 22 discharge the Committee on Rules from Assembly 23 Bill Number 8046 and substitute it for the 3857 1 identical Calendar Number 589. 2 On page 25, Senator Nozzolio 3 moves to discharge the Committee on Rules from 4 Assembly Bill Number 11348-A and substitute it 5 for the identical Calendar Number 860. 6 On page 32, Senator Seward moves 7 to discharge the Committee on Rules from 8 Assembly Bill Number 11426 and substitute it for 9 the identical Calendar Number 953. 10 On page 49, Senator Spano moves 11 to discharge the Committee on Rules from 12 Assembly Bill Number 10718 and substitute it for 13 the identical Calendar Number 809. 14 On page 49, Senator Spano moves 15 to discharge the Committee on Rules from 16 Assembly Bill Number 10720 and substitute it for 17 the identical Calendar Number 810. 18 On page 42, Senator Holland moves 19 to discharge the Committee on Finance from 20 Assembly Bill Number 11537-A and substitute it 21 for the identical Calendar Number 1077. 22 ACTING PRESIDENT NOZZOLIO: 23 Substitutions ordered. 3858 1 Senator Present. 2 SENATOR PRESENT: Mr. President, 3 let's take up the non-controversial calendar. 4 ACTING PRESIDENT NOZZOLIO: The 5 clerk -- the Secretary will read the non 6 controversial calendar. 7 THE SECRETARY: On page 8, 8 Calendar Number 398, by Senator Marchi, Senate 9 Bill Number 6521-A, an act to amend the 10 Environmental Conservation Law. 11 ACTING PRESIDENT NOZZOLIO: Last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT NOZZOLIO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 39. 19 ACTING PRESIDENT NOZZOLIO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 892, by Senator Daly, Senate Bill Number 7860, 23 an act to amend the New York State Urban 3859 1 Development Corporation Act. 2 ACTING PRESIDENT NOZZOLIO: Last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT NOZZOLIO: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT NOZZOLIO: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 902, by Senator Tully, Senate Bill Number 6519, 13 an act to amend Chapter 640 of the Laws of 1990 14 amending the Public Health Law. 15 ACTING PRESIDENT NOZZOLIO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT NOZZOLIO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 39. 23 ACTING PRESIDENT NOZZOLIO: The 3860 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 922, by Senator Cook, Senate Bill - 4 SENATOR PRESENT: Lay it aside 5 for the day. 6 ACTING PRESIDENT NOZZOLIO: The 7 bill is laid aside for the day. 8 THE SECRETARY: Calendar Number 9 924, by member of the Assembly Colman, Assembly 10 Bill Number 6862-C, an act to amend the 11 Executive Law, in relation to state and local 12 natural and man-made disaster preparedness. 13 ACTING PRESIDENT NOZZOLIO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT NOZZOLIO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT NOZZOLIO: 21 Results. 22 THE SECRETARY: Ayes 39. 23 ACTING PRESIDENT NOZZOLIO: The 3861 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 955, by Senator Cook, Senate Bill Number 573-A, 4 an act to amend the Lien Law. 5 ACTING PRESIDENT NOZZOLIO: Read 6 the last section. There is a local fiscal 7 impact note at the desk. Last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT NOZZOLIO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT NOZZOLIO: 14 Results. 15 THE SECRETARY: Ayes 39, nays 1, 16 Senator Rath recorded in the negative. 17 ACTING PRESIDENT NOZZOLIO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 956, by Senator Skelos, Senate Bill Number 12... 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT NOZZOLIO: The 23 bill is laid aside. 3862 1 THE SECRETARY: Calendar Number 2 1004, by Senator Maltese, Senate Bill Number 3 3302-A, an act to amend the Vehicle and Traffic 4 Law. 5 SENATOR GOLD: Lay it aside. 6 ACTING PRESIDENT NOZZOLIO: The 7 bill is laid aside by Senator Gold. 8 THE SECRETARY: Calendar Number 9 1005, by Senator Lack, Senate Bill Number 10 4044-A, an act to amend the Public Authorities 11 Law. 12 SENATOR SMITH: Lay it aside. 13 ACTING PRESIDENT NOZZOLIO: The 14 bill is laid aside by Senator Smith. 15 THE SECRETARY: Calendar Number 16 1031, by Senator Farley, Senate Bill Number 17 5485, an act to amend the Banking Law. 18 ACTING PRESIDENT NOZZOLIO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT NOZZOLIO: Call 23 the roll. 3863 1 (The Secretary called the roll.) 2 ACTING PRESIDENT NOZZOLIO: 3 Announce the results. 4 THE SECRETARY: Ayes 39. 5 ACTING PRESIDENT NOZZOLIO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1042, by Senator Kuhl, Senate Bill Number 9 3539-C - 10 SENATOR PRESENT: Lay it aside 11 for the day, please. 12 ACTING PRESIDENT NOZZOLIO: The 13 bill is laid aside for the day. 14 SENATOR PRESENT: Also for 15 Senator Johnson's bill, the next one, 1050. 16 ACTING PRESIDENT NOZZOLIO: 17 Calendar Number 1050 is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 1070, by Senator Nozzolio, Senate Bill Number 20 7581, an act to amend the Navigation Law. 21 ACTING PRESIDENT NOZZOLIO: Last 22 section. 23 THE SECRETARY: Section 2. This 3864 1 act shall take effect immediately. 2 ACTING PRESIDENT NOZZOLIO: 3 Announce the results. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 39. 6 ACTING PRESIDENT NOZZOLIO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1077, substituted earlier today by the Assembly 10 Committee on Rules, Assembly Bill Number 11 11537-A, an act to legalize, validate and 12 confirm certain proceedings and actions of the 13 town board of the town of Orangetown. 14 ACTING PRESIDENT NOZZOLIO: Home 15 rule message is at the desk. Last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT NOZZOLIO: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT NOZZOLIO: 22 Announce the results. 23 THE SECRETARY: Ayes 39. 3865 1 ACTING PRESIDENT NOZZOLIO: The 2 bill is passed. 3 Senator Present. 4 SENATOR PRESENT: Can we stand at 5 ease for a few moments? 6 ACTING PRESIDENT NOZZOLIO: The 7 Senate will stand at ease. 8 (Whereupon, the Senate stood at 9 ease from 5:15 p.m. to 6:00 p.m.) 10 ACTING PRESIDENT FARLEY: Senator 11 Present. 12 SENATOR PRESENT: Mr. President, 13 can we return to the controversial calendar - 14 no, I think you have a report of a standing 15 committee. 16 ACTING PRESIDENT FARLEY: The 17 Secretary will read the report of the standing 18 Committee on Finance. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, reports the 21 following nomination: State Director of 22 Probation and Correctional Alternatives, Barbara 23 Broderick, of Albany. 3866 1 ACTING PRESIDENT FARLEY: Senator 2 Stafford. 3 SENATOR STAFFORD: Mr. President, 4 it's a pleasure for me to rise and support the 5 nomination of Barbara A. Broderick, and I think 6 -- you fellows hear me all right over there? 7 Good, yeah. I could hear you. 8 I think too often we don't take 9 note or we don't give our system the credit that 10 it deserves, because this again is a nomination 11 which is an example of the system working and a 12 fine public servant, a professional, being 13 nominated as Director of the Probation and 14 Correctional Alternatives Department. 15 Ms. Broderick's resume is 16 excellent. She has a fine record, as far as 17 attending formal schools, universities. She's 18 been a consultant, and she is one who I think 19 will really do a job in a department that is 20 needed in our state. Again, I'm talking about 21 some generalities that I don't know that much 22 about, but we talk about prison overcrowding. 23 We talk about double bunking. 3867 1 I mentioned earlier today that I 2 have a friend who's been in the Correction 3 Department 52 years. He was known in the 4 department and throughout the nation as an 5 excellent warden. He wasn't perfect, but he 6 knew the work, and he said to me after being in 7 the department for 52 years, that as far as he's 8 concerned, between 25 and 30 percent of the 9 people that we incarcerate, we shouldn't be 10 incarcerating. They should be in programs such 11 as probation and correctional alternatives. 12 Ms. Broderick has worked in the 13 Division of Parole. She's had a top responsi 14 bility there. As I said, she understands the 15 field, and I compliment all, including our chief 16 executive, who have been responsible for her 17 being nominated for State Director of Probation 18 and Correctional Alternatives, and I move her 19 confirmation. 20 ACTING PRESIDENT FARLEY: Senator 21 Hoffmann. 22 SENATOR HOFFMANN: Thank you, Mr. 23 President. 3868 1 I'm delighted to also speak in 2 support of the nomination of Barbara A. 3 Broderick for Executive Director of the Division 4 of Probation and Correctional Alternatives. I'm 5 impressed with her resume, as I think all of my 6 colleagues are upon reading it. 7 Since July of 1993, she's been 8 serving as the acting director -- or the 9 executive director. This appointment will make 10 her the full director. 11 From May of 1984 until July of 12 1993, she was the Director of Policy Analysis 13 and Information at the Division of Parole where 14 she had responsibility for the operation of the 15 division's policy analysis and information with 16 an enormous responsibility of $10 million in 17 budget, and during that time I had the 18 opportunity to see some of the work that she 19 did, and to help along with a number of people 20 in the Department of Corrections at that time, 21 see the development of a sex offender treatment 22 program in Corrections, and an extremely 23 important component of that program was the 3869 1 training of parole officers to address the 2 warning signs and recognize the recidivism of 3 warning signs of sex offenders upon release, and 4 while many of my colleagues and most of the 5 general public out there wish that we could keep 6 all sex offenders incarcerated permanently, 7 that's really not an option for us, and it's one 8 of the most difficult things that we have to 9 face as lawmakers, the reality that these people 10 who we find the most loathsome among the 11 criminal element will be back amid society, and 12 we have to find ways to plan for their return 13 and to equip those people in parole and also in 14 probation with ways to better handle them to 15 ensure that they are either getting the 16 treatment they need or that they are returned 17 promptly if they are violators. 18 In the case of probation it's 19 even more difficult, because part of Ms. 20 Broderick's very difficult job as Director of 21 Probation and Correctional Alternatives is going 22 to be to find programs and work with counties to 23 create the programs for sex offenders, as well 3870 1 as other offenders who are not sentenced to 2 prison time. Not that we wouldn't like to see 3 them sentenced, but it's sometimes very 4 difficult to make the charges stick, especially 5 when you're dealing with youthful victims, but 6 the best way for us to reduce the crimes of sex 7 offense against women and children in this state 8 is to prevent that from happening in the first 9 place by providing adequate treatment so that we 10 can get those identified sex offenders back on 11 track. It won't work for everyone but let's 12 hope that it's going to work for enough of them 13 that we will reduce the number of sentenced sex 14 offenders winding up in the Department of 15 Corrections further down the road, and obviously 16 that's the best way to reduce the number of 17 victims in this state. 18 So I am very delighted that we 19 have somebody who is willing to take on the 20 extremely difficult task at a time of budget 21 cuts and increased needs for the correctional 22 system on all levels. Dealing with the 23 communities is probably one of the hardest in 3871 1 networking, but Barbara Broderick has demon 2 strated a wonderful ability to do that and a 3 great degree of resourcefulness. So I look 4 forward to seeing her attain enormous success in 5 that job. 6 Congratulations, Barbara. 7 ACTING PRESIDENT FARLEY: The 8 ranking member of the Committee on Finance, 9 Joseph Galiber. 10 SENATOR GALIBER: Thank you, Mr. 11 President. He ignored me before. 12 Mr. President, there are rare 13 occasions in this body when we have an 14 opportunity to confirm a nomination that the 15 Governor of this great state of ours sends up. 16 Sometimes we get some clinkers, to use the 17 vernacular. 18 Barbara Broderick comes to us 19 today with an excellent resume, but resumes 20 don't always do it. We can look at resumes and 21 they're fine, but you have to have built into 22 that resume, the ability to get it done, and 23 Barbara is capable of getting it done. I want 3872 1 to congratulate her family who is with her 2 today. You've done an excellent job, and we 3 have been the primary beneficiaries of your 4 excellent work. 5 Barbara comes to us at a time 6 when our entire criminal justice system is 7 failing us, and that we have to revamp it, and 8 she comes to us at a time when the prison 9 population is so crowded that we're thinking in 10 terms of alternatives to incarceration. She 11 comes to us at a time when there's a need for 12 the programs that were mentioned before, 13 programs where probation is dealt out by a 14 sentencing judge or to a plea bargaining with 15 the district attorney, prosecutor, if you will, 16 who has that responsibility, so there's an early 17 opportunity to keep people out of our system. 18 However, if we give the case 19 loads to the probation department that are too 20 heavy, we miss a wonderful opportunity, because 21 built into those programs are some that we can 22 save. Can't save them all. We know that. We 23 here in this body have a responsibility to give 3873 1 to Ms. Broderick the tools with which to do 2 this, so that we won't have just case loads out 3 there, or we won't have just programs out 4 there. 5 We know that our prison popu 6 lation is getting to the point where it's almost 7 what they refer to as a "zero sum" and when it 8 reaches that point, it's going to be a question 9 of one in and one out. We want to make sure 10 they let the right person out, and if -- we can 11 accomplish that if we're careful about who we 12 put in. 13 I would not want to see, Ms. 14 Broderick, in your capacity that you've earned, 15 and rightly so, in the time that you have been 16 there -- this is a relatively new agency as we 17 measure things in government. 1985. That's 18 new. That's not an old agency, so there's a 19 number of experimentals -- experiments going 20 on. 21 Someone mentioned in our Finance 22 Committee meeting this afternoon about work 23 release. It wasn't really relative but in a 3874 1 sense it's an example of what I'm sure you will 2 not let happen. What we did, we almost ruined a 3 good program which is work release. We ruined a 4 program that can work. We ruined it because the 5 overcrowdedness in our prisons and our 6 institutions here in this state got to the point 7 where they were just letting people out with no 8 supervision, no guidance, no understanding. 9 They were floating around out there, and then 10 when someone does absconder and as many -- the 11 finger is pointed at someone and we go about the 12 business of changing our work release program. 13 Ms. Broderick, you won't let that 14 happen in probation in the new capacity that you 15 will be serving in because you have the ability 16 and the background and the experience, if you 17 will, to see to it to the best of your ability 18 and resource that we give you that you see that 19 these programs work. 20 And, Mr. President, I'm happy to 21 second the nomination of a very qualified person 22 who I believe in troubled times will help to be 23 an asset to our criminal justice system in the 3875 1 state of New York. 2 ACTING PRESIDENT FARLEY: On the 3 nomination, all in favor say aye. 4 (Response of "Aye".) 5 Those opposed, nay. 6 (There was no response.) 7 The nominee is confirmed. 8 It's my understanding that 9 Barbara Broderick is in the gallery with her 10 family. Barbara, on behalf of the New York 11 State Senate and personally as your neighboring 12 Senator, let me congratulate you for the fine 13 job that you've been doing. Congratulations on 14 being confirmed by the New York State Senate. 15 We're very proud of you and the job that you're 16 doing. Congratulations. 17 (Applause.) 18 You also got got a great hand 19 from your family up there. 20 MS. BRODERICK: I knew I would. 21 ACTING PRESIDENT FARLEY: Thank 22 you. 23 The Secretary will read the rest 3876 1 of the nominees. 2 THE SECRETARY: Senator Stafford, 3 from the Committee on Finance, reports the 4 following nominations: 5 Member of the New York State 6 Hospital Review and Planning Council: Patricia 7 Joy Numann, M.D., of Syracuse and William F. 8 Streck, M.D., of Cooperstown; 9 Member of the Small Business 10 Advisory Board: Clarence L. Dufort, of 11 Glenville and Catherine Maiorisi, of New York 12 City; 13 Member of the Council on Human 14 Blood and Transfusion Services: Alicia Garcia, 15 M.D., of Staten Island and Morton Spivack, M.D., 16 of New York City; 17 Member of the Mental Health 18 Services Council: Gail B. Nayowith, of New York 19 City; 20 Member of the State Health 21 Research Council: Verne M. Chapman, Ph.D., of 22 East Aurora; 23 Member of the State Medical 3877 1 Advisory Committee to the Department of Social 2 Services: Ana O. Dumois, Ph.D., of New York 3 City; 4 Member of the Board of Visitors 5 of the Roswell Park Memorial Institute: 6 Patricia Joy Numann, M.D., of Syracuse. 7 ACTING PRESIDENT FARLEY: On the 8 nominations, all in favor please say aye. 9 (Response of "Aye".) 10 Those opposed, nay. 11 (There was no response.) 12 The nominees are confirmed. 13 Senator Present, may we return to 14 motions for a moment? 15 SENATOR PRESENT: Sure. 16 ACTING PRESIDENT FARLEY: There's 17 some motions on the floor. 18 Senator Libous, you have a motion 19 for us? 20 SENATOR LIBOUS: Thank you, Mr. 21 President. 22 On page 50, I offer the 23 following amendments to Calendar Number 854, 3878 1 Senate Print 7485, and ask that said bill retain 2 its place - 3 ACTING PRESIDENT FARLEY: Without 4 objection. 5 SENATOR LIBOUS: -- on the Third 6 Reading Calendar. Mr. President, I have one 7 other one, if I may. 8 On page 49, Calendar Number 847, 9 Senate Print 6927-A, and ask that said bill 10 retain its place on the Third Reading Calendar. 11 ACTING PRESIDENT FARLEY: Without 12 objection. Thank you, Senator. 13 SENATOR SPANO: Mr. President. 14 ACTING PRESIDENT FARLEY: Senator 15 Spano. 16 SENATOR SPANO: Remove the star 17 on Calendar 809 and 810. 18 ACTING PRESIDENT FARLEY: 809 and 19 810 are starred at the request of the sponsor. 20 SENATOR SPANO: Remove the stars. 21 ACTING PRESIDENT FARLEY: Remove 22 the stars. I'm sorry. Correction. 23 Senator Present. 3879 1 SENATOR PRESENT: Mr. President, 2 let's try the controversial calendar. 3 ACTING PRESIDENT FARLEY: The 4 Secretary will read the controversial calendar. 5 THE SECRETARY: On page 28, 6 Calendar Number 892, by Senator Daly, Senate 7 Bill Number 7860, an act to amend the New York 8 State Urban Development Corporation Act. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 47, nays 1, 17 Senator Hannon recorded in the negative. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 956, by Senator Skelos, Senate Bill Number 22 1240-A, an act to amend the General Obligations 23 Law. 3880 1 SENATOR PRESENT: Lay it aside 2 for the day. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside for the day. 5 THE SECRETARY: Calendar Number 6 1004, by Senator Maltese, Senate Bill Number 7 3302-A, an act to amend the Vehicle and Traffic 8 Law. 9 SENATOR GOLD: Lay it aside. 10 SENATOR PRESENT: Lay it aside 11 temporarily. 12 ACTING PRESIDENT FARLEY: Lay it 13 aside temporarily. 14 THE SECRETARY: Calendar Number 15 1005, by Senator Lack, Senate Bill Number 16 4044-A, an act to amend the Public Authorities 17 Law, in relation to creating commuter railroad 18 police departments. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 3881 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 48. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 Senator Present, that's it for - 7 SENATOR PRESENT: Mr. President, 8 I ask that we stand at ease again, please. 9 ACTING PRESIDENT FARLEY: The 10 stand will stand at ease. 11 (Whereupon, the Senate stood at 12 ease.) 13 ACTING PRESIDENT FARLEY: Senator 14 Leichter. 15 SENATOR LEICHTER: Yes, Mr. 16 President. 17 I understand that 1005 slipped 18 through. Is that bill still in the house? 19 ACTING PRESIDENT FARLEY: It's 20 out of the house. It flew right out of here. 21 SENATOR LEICHTER: It slipped all 22 the way out of the house? 23 ACTING PRESIDENT FARLEY: Well, 3882 1 it passed with overwhelming support. 2 SENATOR LEICHTER: Mr. President, 3 after first congratulating the desk for its 4 expeditious work - 5 ACTING PRESIDENT FARLEY: They're 6 very efficient up here. 7 SENATOR LEICHTER: -- may I 8 please be -- may I have unanimous consent to be 9 recorded in the negative? 10 ACTING PRESIDENT FARLEY: Without 11 objection, Senator Leichter will be in the 12 negative on 2270 - 13 SENATOR STAFFORD: Mr. President. 14 ACTING PRESIDENT FARLEY: Senator 15 Stafford. 16 SENATOR STAFFORD: Please, could 17 I announce an immediate meeting of the Committee 18 on Finance in Room 332? 19 (Whereupon, the Senate stood at 20 ease.) 21 ACTING PRESIDENT FARLEY: There 22 will be an immediate meeting of the Committee on 23 Finance in Room 332. 3883 1 ACTING PRESIDENT SPANO: The 2 Senate will come to order. 3 Senator Present. 4 SENATOR PRESENT: Mr. President, 5 can we return to reports of standing com 6 mittees? 7 ACTING PRESIDENT SPANO: The 8 Secretary will read a report of standing 9 committees. 10 THE SECRETARY: Senator Stafford, 11 from the Committee on Finance, reports the 12 following two bills directly for third reading: 13 Senate Bill Number 8502, by the Senate Committee 14 on Rules, an act relating to making appropri 15 ations to the support of the operating expenses 16 of the New York City Transit Authority. 17 Also, Senate Bill Number 8504, by 18 the Committee on Rules, an act to provide for 19 payments to municipalities and to providers of 20 medical services under the Medical Assistance 21 Program. Both bills reported directly for third 22 reading. 23 ACTING PRESIDENT SPANO: Without 3884 1 objection, third reading. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 is there a message -- messages of necessity on 5 1080? 6 ACTING PRESIDENT SPANO: No, 7 they're not at the desk. 8 SENATOR PRESENT: Are you 9 sabotaging this? Call up 1080, please. 10 ACTING PRESIDENT SPANO: The 11 Secretary will read Calendar 1080. 12 THE SECRETARY: Calendar Number 13 1080, by the Senate Committee on Rules, Senate 14 Bill Number 8502, an act relating to making an 15 appropriation to support the operating expenses 16 of the New York City Transit Authority. 17 SENATOR PRESENT: Mr. President. 18 ACTING PRESIDENT SPANO: Senator 19 Present. 20 SENATOR PRESENT: Now, may I ask, 21 is there a message of necessity or a message of 22 appropriation at the desk for this bill? 23 ACTING PRESIDENT SPANO: There 3885 1 are no messages at the desk for this bill. 2 SENATOR GOLD: Can I ask you to 3 hold one second, please? I'm sorry. 4 ACTING PRESIDENT SPANO: Senator 5 Padavan. 6 SENATOR PADAVAN: Thank you, Mr. 7 President. 8 Unless Senator Gold has a message 9 over there, I would like to -- you have a 10 message, Senator Gold? 11 SENATOR GOLD: You want to speak 12 on this bill? 13 SENATOR PADAVAN: Yes. 14 SENATOR GOLD: I have no 15 objection. 16 SENATOR PADAVAN: I am concerned, 17 Mr. President, about the fact of your response 18 to the Majority Leader indicating there is no 19 message. I think it's important for the body 20 here to know what particular bill we're talking 21 about and what the consequences of not acting 22 upon it today are. 23 This bill represents a $46 3886 1 million appropriation of dedicated revenues to 2 MTA, specifically the Transit Authority, as well 3 as the Manhattan and Bronx Surface Transit 4 Authority, and the Staten Island Rapid Transit 5 Operating Authority, as well as an $18 million 6 plus appropriation for CHPS which includes $4 7 million for the city of New York. 8 Now, we're advised by the MTA 9 that unless these appropriations are received 10 forthwith, they will be required to develop some 11 interim financing which will cost us money. 12 These are payroll appropriations. There are no 13 discretion -- there is no discretion associated 14 with these expenditures, and I cannot fathom any 15 reason, particularly the fact that we have, week 16 after week, dealt with emergency situations as 17 the need would arise and this certainly falls in 18 that category. 19 SENATOR GOLD: Mr. President. 20 SENATOR PADAVAN: I will be 21 finished in a minute. You wanted to ask me a 22 question? I will be finished in a minute. 23 So I would urge the Governor or 3887 1 anyone else who may be within the sound of our 2 voice, to send us that message as promptly as 3 possible, hopefully before this day ends so that 4 these funds can flow to the MTA and to those 5 authorities under their jurisdiction. 6 I believe I was asked to yield to 7 a question. 8 ACTING PRESIDENT SPANO: Senator 9 Gold. 10 SENATOR GOLD: Yeah, Mr. 11 President. 12 I appreciate Senator Padavan 13 explaining the bill. I would just like to ask a 14 question if you would yield, Senator. The bill 15 is dated, I believe May 23rd. Senator, do you 16 know when the bill got back from the printer? 17 SENATOR PADAVAN: Senator, I do 18 not know, but I think it's -- if I can answer 19 that question fully. When it got back from the 20 printer is irrelevant to the fact that there is 21 a justifiable, established, confirmed need 22 today. Now, whether that bill got back an hour 23 ago or a day ago or whenever, doesn't change 3888 1 that fact. We are in a crisis situation with 2 respect to this particular matter, and it has to 3 be viewed in that context, and the printing of 4 the bill in terms of time frame is irrelevant. 5 SENATOR GOLD: Would the Senator 6 yield to a question? 7 ACTING PRESIDENT SPANO: Senator 8 Padavan, would you continue to yield? 9 SENATOR PADAVAN: I'm sorry. 10 Yes, Senator. 11 SENATOR GOLD: Senator, I'm not 12 really sure about this stuff. Is it possible 13 for the Governor to issue a message of necessity 14 before the bill exists and is in print? 15 SENATOR PADAVAN: Is it 16 possible? 17 SENATOR GOLD: Yeah. 18 SENATOR PADAVAN: In this 19 particular scenario, it was because as of last 20 Thursday, we're advised that the Governor's 21 office discussed with Finance staff and others 22 in both houses, the fact that he would be 23 sending up this bill so that -- and he has not 3889 1 -- with a message, so obviously, he's aware of 2 it, knew of its content, and the filling in of a 3 number, if that would be the thing you're 4 talking about is irrelevant again. 5 SENATOR GOLD: Would the Senator 6 yield to a question? 7 ACTING PRESIDENT SPANO: Senator 8 Padavan, will you continue to yield? 9 SENATOR PADAVAN: Yes. 10 ACTING PRESIDENT SPANO: The 11 Senator yields. 12 SENATOR GOLD: Senator, I'm just 13 asking. My understanding, just so we have the 14 facts out on the table, is that the bill that 15 was discussed, if there was such a discussion - 16 and I understand there was some talk of a 17 Governor's bill -- was not this bill. It had - 18 that this bill has other elements in it than 19 were discussed with the Governor so, Senator, I 20 can't believe you're suggesting that the 21 Governor should prepare messages of necessity, 22 have them signed, have language in them that has 23 no relevance to the bill and just fill in the 3890 1 numbers at the last minute. 2 My understanding, Senator 3 Padavan, is that when a bill is in existence, 4 the bill is submitted to the Governor, the 5 Governor's counsel or whoever looks at the bill, 6 sees what it is and the impact, and then the 7 Governor makes a decision on the message of 8 necessity. Don't you think that's a prudent way 9 to act? 10 SENATOR PADAVAN: Look, Senator, 11 prudence and necessity sometimes are not 12 necessarily coincident. The fact remains that 13 the Governor had an opportunity and gave us full 14 indication that he would be sending a bill up 15 with regard to the MTA and its appropriation 16 with a message today. He did not do so, which 17 came as somewhat of a disappointment to all of 18 us, particularly those of us from the city of 19 New York who are involved with the MTA and the 20 Transit Authority and the other authorities 21 listed. 22 Now, we had to draft this bill, 23 and I think we did so in a responsible manner. 3891 1 If there is something in this bill that the 2 Governor did not anticipate, I'm unaware of it, 3 but there's nothing in this bill that I can see 4 that would not be provided in the normal course 5 of events had we passed a budget, which we have 6 not done to this date. 7 So if your question is, does the 8 Governor have to know what's in this bill to 9 send us a message, the answer is yes. Does he 10 know? The answer is also yes. Has he suggested 11 we take something out? To my knowledge, no. 12 Has he sent up his own bill with a message? 13 Again, the answer is no. So here we are with 14 the only game in town that provides the 15 resources that are necessary, and there is no 16 message. 17 Now, I don't think the failure is 18 on our -- is on our part. I think we're doing 19 what we are expected to do. 20 SENATOR GOLD: Mr. President. 21 ACTING PRESIDENT SPANO: Senator 22 Gold. 23 SENATOR GOLD: Yeah, Mr. 3892 1 President, on the bill which, to begin with 2 sounds kind of silly, although maybe not. Maybe 3 that message will come flying in by the time we 4 finish the discussion. 5 Mr. President, I certainly don't 6 have a problem with meeting needs as we go 7 along. I'm as frustrated as so many other 8 people are, the budget delays and we don't have 9 to go into all of that but, Mr. President, the 10 -- I am informed that this bill was returned to 11 the Senate at 4:00 o'clock today, and I have no 12 idea whether or not at 4:00 o'clock, 4:05, 4:30 13 or at at any point, whether the bill was or was 14 not submitted to the Governor for a message. I 15 don't know whether the Governor's counsel has 16 communicated to the Senate as to what his 17 intentions are. It would seem to me that it 18 would be a logical thing to do to have somebody 19 from the counsel's office in -- on your side of 20 the aisle call the Governor's office and find 21 out, we either are or are not getting a 22 message. If the Governor doesn't give a 23 message, then we know we can leave here. If he 3893 1 says he's sending one, we might stay, but 2 without getting involved as to right or wrong 3 between the Governor, this house, the Assembly 4 or anybody else, I certainly think that the way 5 adults conduct their lives is to do logical 6 things. 7 Now, the bills have been reported 8 out. Whether it's the Governor's bill or not, 9 obviously it's not since there are things in 10 here which the Governor apparently told people 11 that he would not put in, but it would seem to 12 me that the proper way, the non-political way, 13 the way that doesn't set up straw people is for 14 somebody on your side of the aisle to make a 15 simple call downstairs and then let us all know 16 whether or not the Governor says no, then you 17 make all the political speeches you want. If 18 the Governor says yes, then we can wait and get 19 it, but other than doing that, I think we make a 20 charade. 21 If people, Senator Padavan, have 22 the need for this money, the Democrats are 23 here. We are here. While there's a republican 3894 1 convention in New York, your people are here. 2 The Senate has been doing work today and I'm 3 glad of that, but at this point in time, I don't 4 understand what we're doing. I would be 5 grateful if the Majority Leader's office would 6 call down and then tell us all, we're either 7 getting a message or not, and then we can either 8 leave here or wait and handle this in some 9 dignified manner. 10 SENATOR PADAVAN: Mr. President, 11 if I may respond to what I believe was a 12 question from Senator Gold, and I would like to 13 advise him, as I think I did, perhaps not with 14 the precision that he requires. At 4:30 this 15 afternoon, the bill before us was presented to 16 the counsel in the Governor's office. They were 17 made fully aware of its content, and a request 18 was made for a message of necessity. That's two 19 and a half hours ago. So, therefore, I think we 20 answered part of Senator Gold's question. "When 21 was this presented to the Governor?" 22 The second part of his question 23 is, "What was the response? Did the Governor 3895 1 say yes or did he say no?" And the answer to 2 that question is they said neither. "Stay 3 tuned, we'll let you know", and we're still 4 waiting. So I think again to repeat myself, I 5 believe the Senate and its fiscal committees did 6 what we would expect them to do in an orderly, 7 appropriate manner, recognizing the emergency 8 that we're facing and doing it to the best of 9 their ability. 10 SENATOR GALIBER: Mr. President. 11 ACTING PRESIDENT SPANO: Senator 12 Levy. 13 SENATOR LEVY: Yeah, Mr. 14 President. 15 Let me just supplement what 16 Senator Padavan said. We have all on a 17 bipartisan basis worked very, very hard to hold 18 the fare for 1994 and hopefully 1995 for the 19 Transit Authority, and we have a $26 million 20 hold to begin with based upon a determination by 21 the city that they're not going to make their 22 historic contribution on the operating side 23 which puts pressure on the agreement for 1994 3896 1 for the fare. 2 If we don't do this bill tonight 3 as Senator Padavan indicated, by the time that 4 we leave here tonight, what's going to happen is 5 that the MTA is going to have to do short-term 6 financing, is going to have a signifi- cant 7 fiscal impact and is going to add to the city's 8 $26 million renege on the operating side. 9 I am told that the financing that 10 the MTA will have to do to be able to meet their 11 payroll will have at least a $4 million-plus 12 impact. So that underscores the necessity to 13 act as it relates to the Transit Authority's 14 payroll. 15 But, Senator Gold, in regard to 16 the questions that you posed to Senator Padavan, 17 let's go through the chronology of how we and 18 the Assembly really are briefed on what the 19 problem is. We didn't go down to the second 20 floor. The Assembly didn't go down to the 21 second floor. On Thursday, the Governor asked 22 the staffs from each house to meet with the 23 Governor's staff to talk about this acute 3897 1 problem of the need to fill this hole to meet 2 the Transit Authority's payroll. 3 So, Senator Gold, if you're 4 saying that we are in the predicament that we 5 are in here tonight because there is certain 6 language in that bill that the Governor may not 7 like, where's the Governor's bill? He's the one 8 that said that there was a major problem, called 9 the staffs down, said we have to deal -- we have 10 to deal with the Transit Authority's payroll. 11 That was Thursday night. If he had sent up a 12 bill and it was acceptable to both houses, we 13 wouldn't need a message. The bill would have 14 been introduced, and with the legislative days, 15 Friday, Saturday, and Sunday, we would all be 16 out having dinner now and not standing around 17 talking about a message that's not forthcoming. 18 The Governor recognized the urgency of meeting 19 the Transit Authority's payroll. Where is his 20 bill, so it could have been introduced Thursday 21 or Friday and passed today? 22 So I have to tell you that - 23 that I'm really -- I'm not only surprised but 3898 1 I'm mystified by the fact that we don't have a 2 bill from the second floor to pay the Transit 3 Authority's payroll so that the MTA doesn't have 4 to go out tomorrow and borrow to meet that 5 payroll. And another important part of this 6 bill, and it also impacts the city, that has to 7 do with meeting the first CHPS payment on the 8 operating side and given the harsh, intolerable 9 winter and the expenditures that localities 10 never, ever anticipated, given the fact that 11 nobody could anticipate this winter, they need 12 that CHPS funding, the CHPS operating funding, 13 and that's a part of this bill. 14 So this bill not only helps the 15 Transit Authority, the city get CHPS money, but 16 it also helps every other locality in this 17 state, and we really ought to get that message 18 up here right away, so that if the Governor's 19 listening, I hope he'll sign off on that 20 message, send it up here so we can pass this 21 bill so the MTA doesn't have to borrow from the 22 Transit Authority and we can get the monies to 23 all of the localities for CHPS operating. 3899 1 ACTING PRESIDENT SPANO: Senator 2 Galiber. 3 SENATOR GALIBER: Senator, would 4 you yield to a question? 5 SENATOR LEVY: Yes. 6 SENATOR GALIBER: Senator, we 7 found this bill on our desks, as Senator Gold 8 pointed out, just about 4:00, 5:00 o'clock, 9 4:30, whatever the case may be. If the aid to 10 locality bill had passed, which obviously has 11 not yet, we recognize this has been for four 12 years, the appropriations have been there, the 13 monies have been appropriated, they have been 14 scheduled out. What is there about this bill 15 that would not have been in the aid to 16 localities? I guess what I'm suggesting is that 17 if, in fact, the Governor wants this, and we do 18 also, by the way, we're at a distinct dis 19 advantage, Senator, and I'll come back to the 20 question, because we're not part of the 21 negotiations that go on down on the second floor 22 or wherever these negotiations take place. 23 But the fact of the matter is, is 3900 1 there really a sense of urgency that we have to 2 pass this today? We recognize that there are 3 contractors and there are persons out there that 4 we are also concerned with and we want to see 5 paid. 6 Before we had our Finance 7 Committee meeting, I asked the chairman of 8 Finance whether or not we could put this bill 9 over, if no more than just later on this 10 evening, but the fact that you have given us 11 information in regard to the fact that you've 12 been down negotiating with the Governor or 13 someone on your staff - 14 SENATOR LEVY: Staffs have. 15 SENATOR GALIBER: When I say 16 "you", I know we have very little to do with 17 all that goes on here, unfortunately. Staff 18 people, and that's to their credit have it, but 19 they have been negotiating. What is in this 20 bill that is not in the Governor's bill, because 21 if the Governor had a bill downstairs and this 22 isn't different or had added something to it, we 23 would have a message of necessity. 3901 1 What I suggest, Senator, in all 2 due respect, is that what you're doing here - 3 because there's no message over in the other 4 house and they acted irresponsible in my 5 judgment last week when they went home. There's 6 no message over there. This almost borders on 7 play-acting. It's almost hypocrisy because you 8 know very well that if the Governor does not 9 have his input in it, we can be as dramatic as 10 we possibly can be. The fact of the matter is, 11 Senator, and I -- the question is - 12 SENATOR LEVY: I would like to 13 respond. 14 SENATOR GALIBER: All right. The 15 question is -- I'll give you enough to respond 16 and I know you will. The question -- the bottom 17 line is, whether this bill has to be passed at 18 ten minutes past 7:00, and what is in this bill 19 that the Governor, his staff people, do not want 20 which we passed some years ago and everything is 21 in place -- an aid to locality bill had come 22 here, it would have been passed -- what have you 23 put in the bill that's suspect that we have some 3902 1 question about today? 2 SENATOR LEVY: Okay. Let me 3 answer both questions. Number one, you asked 4 what is the difference between this bill and the 5 Governor's bill. There is no Governor's bill. 6 There is none. The Governor called -- the 7 Governor's people called the meeting. The 8 Governor has never sent a bill up here. So what 9 we did was to put our bill together to deal with 10 the two problems. You can't take this bill and 11 match it up against another bill because there 12 is no bill. He hasn't sent a bill up. 13 ACTING PRESIDENT SPANO: Senator 14 Galiber. 15 SENATOR GALIBER: Would the 16 Senator yield on just that one question? 17 ACTING PRESIDENT SPANO: The 18 Senator yields. 19 SENATOR GALIBER: Senator, to the 20 best of your knowledge -- we're mere Senators, 21 but to the best of your knowledge, the staff 22 people who did the negotiations, would you have 23 us believe that those staff persons and the 3903 1 Governor's people, though they may not 2 physically have a bill, does not have the input 3 in that bill, that your staff wasn't aware of 4 the thinking of the Governor in regard to this, 5 that the Governor isn't sensitive to the fact 6 that we're paying people or we're not paying the 7 contractors? Are you suggesting that he was 8 down playing golf somewhere - 9 SENATOR LEVY: No. 10 SENATOR GALIBER: -- and knew 11 nothing at all about this? So when you say 12 technically, he doesn't have a bill, it may not 13 be printed because he prints bills with 14 responsibility. He doesn't print them at 4:00 15 o'clock and present it to us at 5:00 o'clock. 16 SENATOR LEVY: Senator, I think I 17 made it clear that the Governor asked the staffs 18 to come down for a briefing last Thursday. 19 There hasn't been a negotiation. There has been 20 a briefing that emanated from the executive 21 talking about the urgency of meeting the Transit 22 Authority's payroll, and if you believe the MTA 23 -- and on occasion, I really haven't believed 3904 1 everything that they have always told me. 2 SENATOR GALIBER: You fouled up a 3 lot of money once or twice in your lifetime 4 because you didn't believe them, almost to a 5 fault, but you held that money back. 6 SENATOR LEVY: Well, the bottom 7 line is that if you believe the MTA and you 8 believe the Transit Authority, they say -- if 9 this legislation is not passed and not signed, 10 they are saying tomorrow they are going out and 11 borrowing $46 million. So that is a question of 12 credibility. Obviously, the Governor believed 13 them or he would have not called the staffs down 14 for a briefing to talk about the problem last 15 Thursday. 16 SENATOR GALIBER: Senator, you 17 know for a fact that if this piece of 18 legislation with no bill -- message of necessity 19 here, no message of necessity over there, it 20 still takes the two houses -- I'm not being 21 facetious, but it's just that time of the 22 evening, very frankly -- you think in reality 23 that this bill is going to go anywhere? Do you 3905 1 think in reality that this bill, if not passed 2 today is going to have the impact that you have 3 suggested or is it just a guesstimate on your 4 part as to what's going to happen? 5 SENATOR LEVY: All I can tell 6 you, Senator, is, and I think it was last week 7 or it may have been the week before, the Transit 8 Authority needed $26 million, and they told us 9 if they didn't get the $26 million, they weren't 10 going to meet the payroll, and we passed the 11 bill to give them the $26 million to make the 12 payroll, and the Governor signed it into law. 13 SENATOR GALIBER: All right. 14 Fine. 15 SENATOR LEVY: So we got an 16 instant replay here. 17 SENATOR GALIBER: Let me go - 18 I'm sorry, Mr. President. Let me ask you this 19 question. Then, what is in the bill that we 20 passed last week for the same purpose that is in 21 this bill -- not in this bill this week? In 22 other words, was there a change in what you're 23 asking for this week? 3906 1 SENATOR LEVY: Yeah, yeah. Let 2 me ask - 3 SENATOR GALIBER: Then that's 4 where the clinker is. 5 SENATOR LEVY: You asked me a 6 question. 7 SENATOR GALIBER: First tell me 8 what's in the bill. 9 SENATOR LEVY: The first instance 10 is the bill that we passed last week was the 11 bill the Governor sent up to deal with the 12 problem, and we were briefed last week, Senator 13 Galiber - 14 SENATOR GALIBER: I'm listening. 15 At least I am. I'm not sure about anybody 16 else. 17 SENATOR LEVY: The bill came out 18 to pay the Transit Authority, so the bottom line 19 is having represented, starting Thursday, the 20 second floor having represented starting 21 Thursday, that there was a need to meet the 22 Transit Authority payroll or there had to be a 23 borrowing, I wouldn't want to gamble on the fact 3907 1 that the Authority would misrepresent a -- the 2 "drop dead" date in a meeting. 3 SENATOR GALIBER: Let me try 4 again. What I am suggesting, if we pass this, 5 we have passed a bill which, frankly, is 6 frightening to me, $300 million every week to 7 pay off, what is it, Medicaid, the same bill 8 basically? 9 You're saying to me or to us that 10 last week we did a similar thing, so people 11 could be paid. 12 SENATOR LEVY: For the Transit 13 Authority. 14 SENATOR GALIBER: For the Transit 15 Authority. Basically, is that the same bill 16 that we have before us here? 17 SENATOR LEVY: No. As I 18 indicated to you, all of the localities in this 19 state have been waiting for their first payment 20 of CHPS operating. 21 SENATOR GALIBER: O.K. 22 SENATOR LEVY: And we feel that 23 we want to respond to the Transit Authority's 3908 1 need tonight based upon their representation the 2 way we did last week, but we are also saying, 3 Senator, that the localities of the state of New 4 York need their CHPS operating fund. 5 SENATOR GALIBER: O.K. Fine. 6 SENATOR LEVY: And it's a part of 7 my bill. 8 SENATOR GALIBER: O.K. Fine. Let 9 me ask one other question. If, in fact, we took 10 the CHPS portion, if we took the CHPS portion 11 out of this bill, would it be the same bill that 12 we passed last week? 13 SENATOR LEVY: No, it wouldn't 14 be, Senator. It would be a $46 million and not 15 a $26 million bill. 16 SENATOR GALIBER: O.K. 17 SENATOR LEVY: And it would be 18 our bill and not the Governor's bill because the 19 Governor hasn't sent a bill up. 20 SENATOR GALIBER: But what we're 21 really saying is, save the difference in the 22 amount, the -- there is no difference from the 23 bill this week and last week except for the CHPS 3909 1 portion. 2 SENATOR LEVY: Sure, there is. 3 The bill last week, Senator, the bill last week 4 was a Governor's bill. There is no bill from 5 the Governor to deal with this problem. 6 SENATOR GALIBER: I - 7 ACTING PRESIDENT SPANO: Senator 8 Galiber on the bill. 9 SENATOR GALIBER: In all due 10 respect, Senator, you haven't really answered 11 the question; danced on me, and I don't think 12 that's fair. I'm too new for you to dance on 13 me; wait until I've been around a while, but 14 you're dancing on me. 15 What you're really saying to us 16 is that you're sneaking in something that 17 doesn't have the same urgency, in my judgment, 18 as Senator Padavan talked about and that is the 19 CHPS portion of it, outside of the pride of 20 authorship to say, Well, this is our bill, not 21 the Governor's bill. 22 When we passed a piece of 23 legislation last week -- and you correct me if 3910 1 I'm wrong -- with a different amount which is 2 the Governor's bill, but the verbiage would be 3 the same, I guess, the intent would be the same, 4 and that is to pay the employees and pay the 5 contractors and take care of the people's 6 business of the state of New York in these 7 various counties. 8 ACTING PRESIDENT SPANO: Senator 9 Levy, do you wish to be recognized? 10 SENATOR LEVY: Yes. Do you want 11 me to respond to that? 12 SENATOR GALIBER: Well, if you 13 give me just - 14 ACTING PRESIDENT SPANO: Senator 15 Galiber, did you ask Senator Levy to yield? 16 SENATOR GALIBER: No. 17 ACTING PRESIDENT SPANO: Senator 18 Galiber on the bill. 19 SENATOR GALIBER: Senator, I 20 tried before and you weren't responding to me, 21 so let me continue. The fact of the matter is 22 that save that CHPS portion that you have in the 23 bill, and that may in the real world be the 3911 1 reason why you have no message from the Governor 2 because I don't like being hoodwinked and maybe 3 the Governor doesn't like being hoodwinked. 4 There are separations of branches 5 of government. You can't take over these 6 sensitive areas and vitiate the other branch of 7 government because on the second floor things 8 aren't working out. You can't write a bill and 9 arbitrarily and capriciously put it where 10 there's a need -- mind you, I don't disagree 11 with you -- a need, but not the sense of urgency 12 as you would have us believe. 13 What I'm suggesting, Mr. 14 President, is that we could pass this piece of 15 legislation, amend it, take out the CHPS 16 portion. There's no real necessity to pass that 17 this evening, and then wait, because otherwise 18 all you have is a political piece of legisla 19 tion. It's not going to pass here. There's no 20 message. There's no message here, and all you 21 can do is sit out and talk about how the 22 Governor acted irresponsible in an election year 23 and didn't send us up a bill. That's all this 3912 1 is all about. 2 ACTING PRESIDENT SPANO: Senator 3 Levy. 4 SENATOR LEVY: Is there a message 5 at the desk? 6 ACTING PRESIDENT SPANO: No, 7 there is still no message at the desk, Senator 8 Levy. 9 Senator Present. 10 SENATOR PRESENT: Mr. President, 11 I ask that Calendar 1080 be laid aside. I'm 12 advised that there will not be a message on this 13 bill. 14 ACTING PRESIDENT SPANO: Lay 15 aside 1080. 16 SENATOR PRESENT: Now, would you 17 call up 1081? 18 ACTING PRESIDENT SPANO: 19 Secretary will read Calendar 1081. 20 THE SECRETARY: Calendar Number 21 1081, by the Senate Committee on Rules, Senate 22 Bill Number 8504, an act to provide for payments 23 to municipalities and to providers of medical 3913 1 services under the Medical Assistance Program. 2 ACTING PRESIDENT SPANO: Senator 3 Present. 4 SENATOR PRESENT: Mr. President, 5 is there a message of necessity, a message of 6 appropriation on 1081? 7 ACTING PRESIDENT SPANO: There 8 are no messages at the desk for Calendar 1081, 9 Mr. President. 10 Senator Tully. 11 SENATOR TULLY: Yes, Mr. 12 President. 13 For each of the past several 14 weeks, we've been making emergency appropria 15 tions to make medical assistance payments to 16 facilities and medical service providers. Just 17 as in the case of the last bill, this week the 18 Governor has not yet sent us such a bill, so we 19 prepared a bill to make these weekly payments. 20 If we do not do so, providers do not get paid, 21 payrolls are not met and services are not 22 provided to the Medicaid recipients, those most 23 in need, those least able to help themselves. 3914 1 Mr. President, I'm very hopeful 2 that Governor Cuomo will exercise a leadership 3 role and will expedite resolution of this 4 payment for social service. Say what you might 5 about this Governor, this is one of the things 6 he's never done, and I would hope that tonight 7 we're not going to see that happen. 8 ACTING PRESIDENT SPANO: Senator 9 Gold. 10 SENATOR GOLD: Yeah. Senator 11 Present yield to a question? 12 ACTING PRESIDENT SPANO: Senator 13 Present, will you yield to a question? 14 SENATOR PRESENT: Yes. 15 SENATOR GOLD: Senator, you were 16 very gracious a moment ago and told us that 17 we're not to expect a message on Calendar 1080. 18 By any chance, do you have any information on 19 1081 as to whether or not we will get a 20 message? 21 SENATOR PRESENT: Yes. I would 22 like to advice you that I'm advised that we will 23 not get a message, so reluctantly I would like 3915 1 to have this Calendar Number 1081 withdrawn. 2 ACTING PRESIDENT SPANO: Lay 3 aside Calendar 1081. 4 SENATOR PRESENT: Lay it aside. 5 ACTING PRESIDENT SPANO: Senator 6 Present. 7 SENATOR PRESENT: Do you have any 8 housekeeping? 9 ACTING PRESIDENT SPANO: Any 10 housekeeping? 11 Senator Present. 12 SENATOR PRESENT: Mr. Cornell, do 13 you have something you'd like to do? Nothing? 14 Mr. President, there being no 15 further business, I move that we adjourn until 16 tomorrow at 3:00 p.m. 17 ACTING PRESIDENT SPANO: Senate 18 stands adjourned until tomorrow 3:00 p.m.) 19 (Whereupon at 7:21 p.m, the 20 Senate adjourned.) 21 22 23