Wednesday, June 15, 1994

5006 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 15, 1994 11 12:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NICHOLAS A. SPANO, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 5007 1 P R O C E E D I N G S 2 ACTING PRESIDENT SPANO: Senate 3 will come to order. Senators please come to the 4 chamber. 5 All please rise for the Pledge of 6 Allegiance to the Flag. 7 (Whereupon, the Senate joined in 8 the Pledge of Allegiance to the Flag.) 9 In the absence of clergy, we'll 10 please bow our heads in a moment of silence. 11 (Whereupon, there was a moment of 12 silence.) 13 Reading of the Journal. 14 THE SECRETARY: In Senate, 15 Tuesday, June 14. The Senate met pursuant to 16 adjournment. Senator Kuhl in the chair upon 17 designation of the Temporary President. Prayer 18 by the Reverend Peter G. Young of the Blessed 19 Sacrament Church of Bolton Landing. The Journal 20 of Monday, June 13, was read and approved. 21 On motion, Senate adjourned. 22 ACTING PRESIDENT SPANO: If 23 there's no objection, the Journal stands 5008 1 approved as read. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 Motions and resolutions. 7 Senator Farley. 8 SENATOR FARLEY: Thank you, Mr. 9 President. On behalf of Senator Libous, Mr. 10 President, I wish to call up his bill which is 11 Senate Print 8362 -- it's Print Number 8362, 12 recalled from the Assembly, which is now at the 13 desk. 14 ACTING PRESIDENT SPANO: 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Libous, Senate Bill 8362, an act to amend the 18 Mental Hygiene Law. 19 SENATOR FARLEY: I now move to 20 reconsider the vote by which this bill was 21 passed. 22 ACTING PRESIDENT KUHL: The 23 Secretary will call the roll on reconsideration. 5009 1 (The Secretary called the roll on 2 reconsideration.) 3 THE SECRETARY: Ayes 31. 4 ACTING PRESIDENT KUHL: The bill 5 is before the house. 6 SENATOR FARLEY: I now offer the 7 following amendments. 8 On behalf of Senator Holland, Mr. 9 President, I wish to call up his bill which is 10 on page 44, and I offer the following amendments 11 to Calendar Number 1133, Senate Print 8344, and 12 I ask that that bill retain its place on the 13 Third Reading Calendar. 14 ACTING PRESIDENT SPANO: So 15 ordered. 16 SENATOR FARLEY: On behalf of 17 Senator Velella, please place a sponsor star on 18 Calendar Number 1181. 19 ACTING PRESIDENT SPANO: The bill 20 is starred at the request of the sponsor. 21 Any other motions and 22 resolutions? 23 (There was no response.) 5010 1 Substitutions. Secretary will 2 read. 3 THE SECRETARY: On page 31 of 4 today's calendar, Senator Cook moves to 5 discharge the Committee on Rules from Assembly 6 Bill Number 10529 and substitute it for the 7 identical Calendar Number 1167. 8 On page 32, Senator Smith moves 9 to discharge the Committee on Cities from 10 Assembly Bill Number 8068A and substitute it for 11 the identical Calendar Number 1169. 12 Also on page 32, Senator Connor 13 moves to discharge the Committee on Cities from 14 Assembly Bill Number 9451 and substitute it for 15 the identical Calendar Number 1171. 16 On page 33, Senator Velella moves 17 to discharge the Committee on Rules from 18 Assembly Bill Number 11408A and substitute it 19 for the identical Calendar Number 1181. 20 ACTING PRESIDENT SPANO: 21 Substitutions ordered. 22 Senator Present. 23 SENATOR PRESENT: Let's take up 5011 1 the noncontroversial calendar, please. 2 ACTING PRESIDENT SPANO: 3 Secretary will read the noncontroversial 4 calendar. 5 THE SECRETARY: On page 5, 6 Calendar Number 199, by Senator Skelos, Senate 7 Bill Number 6552A, an act to amend the 8 Correction Law, in relation to enacting the sex 9 offender registration act. 10 SENATOR GOLD: Lay it aside. 11 ACTING PRESIDENT SPANO: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 282, by Senator Stafford, Senate Bill Number 15 437D, an act to amend the Environmental 16 Conservation Law, in relation to permitting 17 certain advertising in the Adirondack Park. 18 SENATOR GOLD: Lay it aside. 19 ACTING PRESIDENT SPANO: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 478, by Senator Saland, Senate Bill Number 23 5881B, an act to amend the Family Court Act. 5012 1 SENATOR PRESENT: Lay it aside. 2 ACTING PRESIDENT SPANO: Lay it 3 aside for the day. 4 THE SECRETARY: Calendar Number 5 586, by Senator Trunzo, Senate Bill Number 6 7057B, an act to amend the Administrative Code 7 of the City of New York. 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT SPANO: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 872, by Senator Velella, Senate Bill Number 13 7198A, an act to amend the Administrative Code 14 of the City of New York. 15 ACTING PRESIDENT SPANO: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SPANO: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 31. 23 ACTING PRESIDENT SPANO: The bill 5013 1 is passed. 2 THE SECRETARY: Calendar Number 3 922, by Member of the Assembly Bennett, Assembly 4 Bill Number 5058B, Executive Law, in relation to 5 state aid to rural areas. 6 SENATOR GOLD: Lay it aside. 7 ACTING PRESIDENT SPANO: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 1065, by the Assembly Committee on Rules, 11 Assembly Bill Number 8734A, an act to amend the 12 Education Law and Chapter 327 of the Laws of 13 1992. 14 ACTING PRESIDENT SPANO: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT SPANO: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 31. 22 ACTING PRESIDENT SPANO: The bill 23 is passed. 5014 1 THE SECRETARY: Calendar Number 2 1161, by Senator Marchi, Senate Bill Number 3 1362, an act to amend the - 4 SENATOR GOLD: Lay it aside. 5 ACTING PRESIDENT SPANO: Lay it 6 aside. 7 THE SECRETARY: Calendar Number 8 1162, by Senator LaValle, Senate Bill Number 9 1425, an act to amend the Town Law, in relation 10 to exemption from the spending limits of fire 11 districts. 12 ACTING PRESIDENT SPANO: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT SPANO: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 31. 20 ACTING PRESIDENT SPANO: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1163, by Senator LaValle, Senate Bill Number 5015 1 1426, an act to amend the Town Law, in relation 2 to exemption from the spending limits of fire 3 districts. 4 ACTING PRESIDENT SPANO: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SPANO: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 33. 12 ACTING PRESIDENT SPANO: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1164, by Senator Kuhl, Senate Bill Number 2068, 16 authorize the County of Yates to convey certain 17 lands used for reforestation purposes. 18 ACTING PRESIDENT SPANO: Home 19 rule message is at the desk. 20 SENATOR GOLD: Lay it aside. 21 ACTING PRESIDENT SPANO: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 5016 1 1166, by Senator DeFrancisco, Senate Bill Number 2 4136, an act to amend the Tax Law. 3 ACTING PRESIDENT SPANO: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SPANO: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 34. 11 ACTING PRESIDENT SPANO: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1167, substituted earlier today, by Member of 15 the Assembly Gunther, Assembly Bill Number 16 10529, an act to amend the Town Law, in relation 17 to the qualifications of police commissioners. 18 ACTING PRESIDENT SPANO: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SPANO: Call the 23 roll. 5017 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 34. 3 ACTING PRESIDENT SPANO: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1168, by Senator Stafford, Senate Bill Number 7 4822, an act to amend the Town Law. 8 ACTING PRESIDENT SPANO: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT SPANO: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 34. 16 ACTING PRESIDENT SPANO: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1169, substituted earlier today, by the Assembly 20 Committee on Rules, Assembly Bill Number 8068A, 21 authorizing the City of New York to reconvey its 22 interest in certain real property. 23 ACTING PRESIDENT SPANO: There is 5018 1 a home rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SPANO: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 34. 9 ACTING PRESIDENT SPANO: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1170, by Senator Daly. 13 SENATOR PRESENT: Lay it aside 14 for the day. 15 ACTING PRESIDENT SPANO: Lay it 16 aside for the day. 17 THE SECRETARY: Calendar Number 18 1171, substituted earlier today, by Member of 19 the Assembly Lopez, Assembly Bill Number 9451, 20 authorizing the City of New York to reconvey its 21 interest in certain real property. 22 ACTING PRESIDENT SPANO: Home 23 rule message is at the desk. 5019 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SPANO: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 34. 8 ACTING PRESIDENT SPANO: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1172, by Senator Gold, Senate Bill Number 6849A, 12 authorizing the City of New York to reconvey its 13 interest in certain real property. 14 ACTING PRESIDENT SPANO: Home 15 rule message is at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SPANO: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 34. 23 ACTING PRESIDENT SPANO: The bill 5020 1 is passed. 2 THE SECRETARY: Calendar Number 3 1173, by Senator Wright. 4 SENATOR PRESENT: Lay it aside. 5 ACTING PRESIDENT SPANO: Lay it 6 aside. 7 THE SECRETARY: Calendar Number 8 1174, by Senator LaValle, Senate Bill Number 9 6879, an act to amend the General Municipal Law. 10 ACTING PRESIDENT SPANO: Home 11 rule message is at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SPANO: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 35. Nays 19 1. Senator Leichter recorded in the negative. 20 ACTING PRESIDENT SPANO: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1175, by Senator Pataki, Senate Bill Number 5021 1 6909, legalize, ratify, confirm and validate the 2 acts and proceedings of the Town of Amenia. 3 ACTING PRESIDENT SPANO: Home 4 rule message is at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SPANO: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 38. 12 ACTING PRESIDENT SPANO: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1176, by Senator Holland, Senate Bill Number 16 6961, an act to amend the General Municipal Law. 17 ACTING PRESIDENT SPANO: Home 18 rule message is at the desk. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SPANO: Call the 23 roll. 5022 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 37. Nays 3 1. Senator Leichter recorded in the negative. 4 ACTING PRESIDENT SPANO: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1177, by Senator Rath, Senate Bill Number 7052, 8 an act to amend the State Administrative 9 Procedure Act, in relation to regulatory 10 flexibility. 11 ACTING PRESIDENT SPANO: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SPANO: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 39. 19 ACTING PRESIDENT SPANO: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1178, by Senator Pataki, Senate Bill Number 23 7128, an act to amend the Town Law. 5023 1 ACTING PRESIDENT SPANO: Home 2 rule message is at the desk. 3 SENATOR GOLD: Lay it aside. 4 ACTING PRESIDENT SPANO: Lay it 5 aside. 6 THE SECRETARY: Calendar Number 7 1179, by Senator Rath, Senate Bill Number 7142, 8 State Administrative Procedure Act, in relation 9 to model plans or documents. 10 SENATOR GOLD: Lay it aside. 11 ACTING PRESIDENT SPANO: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 1180, by Senator Seward. 15 SENATOR PRESENT: Lay it aside. 16 ACTING PRESIDENT SPANO: Lay it 17 aside. 18 SENATOR PRESENT: For the day. 19 ACTING PRESIDENT SPANO: For the 20 day. 21 THE SECRETARY: Calendar Number 22 1182, by Senator Stafford, Senate Bill Number 23 7772, authorize the Commissioner of General 5024 1 Services to convey certain land in Clinton 2 County. 3 SENATOR PRESENT: Lay it aside 4 temporarily. 5 ACTING PRESIDENT SPANO: Lay it 6 aside. 7 THE SECRETARY: Calendar Number 8 1183, by Senator Rath, Senate Bill Number 7776, 9 State Administrative Procedure Act. 10 SENATOR LEICHTER: Lay it aside. 11 ACTING PRESIDENT SPANO: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 1184, by Senator Present, Senate Bill Number 15 7800, Real Property Tax Law. 16 SENATOR LEICHTER: Lay it aside. 17 ACTING PRESIDENT SPANO: Lay it 18 aside. 19 THE SECRETARY: Calendar Number 20 1185, by Senator Rath -- excuse me. 1185, by 21 Senator Wright, Senate Bill Number 7948, 22 authorize the Commissioner of General Services 23 to convey real property. 5025 1 ACTING PRESIDENT SPANO: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SPANO: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 40. 9 ACTING PRESIDENT SPANO: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1186, by Senator Libous, Senate Bill Number 13 7975. 14 SENATOR GOLD: Lay it aside. 15 ACTING PRESIDENT SPANO: Lay it 16 aside. 17 THE SECRETARY: Calendar Number 18 1187, by Senator Rath, Senate Bill Number 8002A, 19 State Administrative Procedure Act. 20 ACTING PRESIDENT SPANO: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 5026 1 ACTING PRESIDENT SPANO: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 40. 5 ACTING PRESIDENT SPANO: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1190, by Senator Tully, Senate Bill Number 8547, 9 authorizing the assessor of the County of Nassau 10 to accept an application for exemption from real 11 property taxes. 12 ACTING PRESIDENT SPANO: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT SPANO: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 40. 20 ACTING PRESIDENT SPANO: The bill 21 is passed. 22 Senator Present, that completes 23 the noncontroversial calendar. 5027 1 SENATOR PRESENT: Stand at ease 2 just for a moment or two. 3 (Whereupon, at 12:20 p.m., the 4 Senate was at ease.) 5 SENATOR LEICHTER: Mr. President. 6 ACTING PRESIDENT SPANO: Senator 7 Leichter. 8 SENATOR LEICHTER: While we're at 9 ease if we can just do something in the nature 10 of housekeeping. I understand there is a 11 resolution on the desk by Senator Markowitz; and 12 on his behalf, I would like to move that 13 resolution. 14 ACTING PRESIDENT SPANO: Can you 15 give us a couple minutes, Senator Leichter. 16 We're going to try to locate that for you. 17 SENATOR LEICHTER: Sure. Thank 18 you. 19 ACTING PRESIDENT SPANO: Senator 20 Skelos. 21 SENATOR SKELOS: Will you please 22 remove the star on Calendar Number 429. 23 ACTING PRESIDENT SPANO: Calendar 5028 1 429, the sponsor is removed -- the sponsor is 2 removed? The star is removed at the request of 3 the sponsor. 4 Senator Stafford. 5 SENATOR STAFFORD: Thank you, Mr. 6 President. I would announce an immediate 7 meeting of the Committee on Finance in Room 8 332. Finance in 332. 9 ACTING PRESIDENT SPANO: 10 Immediate Finance Committee meeting in Room 332. 11 SENATOR PRESENT: Mr. President. 12 Will you recognize Senator Ohrenstein, please. 13 ACTING PRESIDENT SPANO: Senator 14 Ohrenstein. 15 SENATOR OHRENSTEIN: Yes, thank 16 you, Mr. President, and I rise to a very 17 important piece of legislative business this 18 morning, and I offer a resolution which is at 19 the desk, and would you please read the title. 20 I think the title will be self explanatory. 21 ACTING PRESIDENT SPANO: 22 Secretary will read the title. 23 THE SECRETARY: Legislative 5029 1 resolution, by Senators Ohrenstein, Marino, and 2 Oppenheimer, honoring the New York Ranger hockey 3 team on the occasion of their championship win 4 over the Vancouver Canucks in Madison Square 5 Garden, New York City. 6 ACTING PRESIDENT SPANO: Senator 7 Ohrenstein. 8 SENATOR OHRENSTEIN: I would like 9 to be heard. 10 Mr. President. The reason this 11 resolution is offered by the particular sponsors 12 is quite evident. I am lucky to have Madison 13 Square Garden and the home of the Rangers in my 14 district. Senator Oppenheimer hosts the Rangers 15 in her district when they practice, and Senator 16 Marino is necessary to get this resolution 17 passed in this house. And I know he is a great 18 fan of the Rangers. 19 But what I would like to really 20 say is this. You know there are a lot of people 21 in this chamber and in the other chamber and up 22 here who have been laboring hard for many, many 23 years to help New York and to restore New York 5030 1 to its grandeur and to help us in economic 2 development and all of the lofty goals which we 3 debate about, but like everybody else in life, 4 in order to succeed, you need a lot of hard work 5 and a lot of good ideas but you also need a 6 little luck. 7 And I think we in New York City 8 and in New York State are very, very lucky this 9 year because we have not one but two 10 championship teams playing at the highest level 11 of sports in the United States, and one of those 12 teams, of course, is the New York Rangers, and 13 they have actually done it, and they were the 14 first to do it. 15 The Stanley Cup has been a golden 16 grail for residents of New York City for many, 17 many years. The Islanders, you know, were 18 always ahead of us. And I really want to 19 commend Senator Marino for being so gracious to 20 sponsor this resolution. 21 But it was a very difficult few 22 years to have to put up with that. There is 23 nobody like the New York Rangers and it took 5031 1 them 54 years to restore themselves to glory, 2 but in doing that, they've also restored the 3 City of New York and the whole Metropolitan 4 Region to glory. 5 And so I offer this resolution, 6 commend them for what turned out to be a very, 7 very gritty championship series. Everybody -- I 8 was just saying everybody seems to complain. 9 Why didn't they win going away? Why didn't they 10 win, you know, four straights? Why aren't the 11 Knicks doing better? 12 Well, this is the championship, 13 and the championship should be hard, and the 14 championship should bring out the best in 15 people, and I think the kind of courage and 16 determination that we saw last night at that 17 particular game and throughout these playoffs is 18 really exemplary of the highest standards of 19 sportsmanship. And, certainly, I think it 20 exemplified New Yorkers as we like to know them, 21 gritty, hard-fighting, and never giving up. 22 So I'm very pleased to offer this 23 resolution before this house and then hopefully 5032 1 to send it on to the Rangers as a token of the 2 appreciation of the Legislature for this 3 magnificent victory, and I hope to be back here 4 next week to offer a similar resolution for the 5 New York Knicks. 6 This is open for sponsorship by 7 anyone in the chamber. 8 ACTING PRESIDENT SPANO: On the 9 resolution. 10 Senator Waldon. 11 SENATOR WALDON: Thank you very 12 much, Mr. President. 13 I watched the game last evening, 14 and I join heartily with Senator Ohrenstein and 15 Senator Marino and others in the sponsorship and 16 support of this resolution. It was one of those 17 moment in sports where everybody really feels 18 good. 19 It was sad to see Vancouver lose, 20 and it was for certain that they lost painfully 21 because the players were openly crying right on 22 the ice, but it was joyful to see the Rangers 23 win, not only because they are the best team in 5033 1 hockey right now but because they represent New 2 York and New York City, and it's goods to be 3 with the winner. 4 I fell in love with hockey in 5 France when I was in the United States Army, and 6 we used to go to watch the Canadian hockey teams 7 play, and I didn't realize it was such a great 8 sport. But it is a great game. The New York 9 Rangers are a great team, and last night was a 10 great victory for all of us. 11 And I'm very proud to be a New 12 Yorker and proud to be supportive of the New 13 York Rangers. 14 ACTING PRESIDENT SPANO: Senator 15 Present. 16 Senator Rath. 17 SENATOR RATH: Yes. On behalf of 18 the other members of the Western New York 19 delegation -- I didn't mean to supersede Senator 20 Present. He maybe was going to say the same 21 thing. But, of course, Western New York is the 22 home of the Buffalo Sabres. We wish the New 23 York Rangers all the best. We're very happy for 5034 1 them. As long as it couldn't be us, we're glad 2 it was the New York Rangers. 3 ACTING PRESIDENT SPANO: Senator 4 Present. 5 SENATOR PRESENT: I'm sure all 6 members of the Senate would like to join the 7 sponsors of this resolution. Add all their 8 names. There might be an exemption. I doubt 9 it. 10 ACTING PRESIDENT SPANO: All 11 members of the Senate will be placed on the 12 resolution, unless there are any disgruntled 13 Islander fans that don't want to be placed on 14 it. 15 On the resolution, all those in 16 favor, signify by saying aye. 17 (Response of "Aye.") 18 Those opposed, nay. 19 (There was no response.) 20 The resolution is adopted. 21 Senator Ohrenstein, the chair 22 will note -- I don't know if there's any 23 significance -- that someone wanted to number 5035 1 the Resolution 1940, but we didn't do that. 2 SENATOR OHRENSTEIN: I think 3 that's very appropriate. 4 (Whereupon, the Senate continued 5 at ease for a moment and then reconvened.) 6 SENATOR OHRENSTEIN: Mr. 7 President. I understand that there is a 8 resolution at the desk sponsored by Senator 9 Markowitz, and I would like to ask you to read 10 the title of that resolution. 11 ACTING PRESIDENT SPANO: 12 Secretary will read the title. 13 THE SECRETARY: Legislative 14 Resolution, by Senator Markowitz, honoring 15 Arline and Bernard Simon for distinguished 16 community service upon the occasion of their 17 selection as honorees at Temple Beth Emeth 18 Progressive Shaari Zedek's 82nd Anniversary 19 celebration. 20 ACTING PRESIDENT SPANO: On the 21 resolution, all those in favor, signify by 22 saying aye. 23 (Response of "Aye.") 5036 1 Those opposed, nay. 2 (There was no response.) 3 The resolution is adopted. 4 Senator Present. 5 SENATOR PRESENT: Mr. President. 6 May we stand at ease. 7 ACTING PRESIDENT SPANO: Stand at 8 ease. 9 (The Senate continued at ease.) 10 (Whereupon, Senator Kuhl was in 11 the chair.) 12 ACTING PRESIDENT KUHL: Senate 13 will come to order. 14 Chair recognizes Senator Spano. 15 SENATOR SPANO: Mr. President. I 16 would like to announce an immediate meeting of 17 the Labor Committee in Room 332 for a short 18 three-bill agenda. 19 ACTING PRESIDENT KUHL: Immediate 20 meeting of the Labor Committee in Room 332, the 21 Majority Conference Room. 22 (Whereupon, having been at ease, 23 at 1:10 p.m., the Senate reconvened.) 5037 1 ACTING PRESIDENT KUHL: Senator 2 Present. 3 SENATOR PRESENT: Mr. President. 4 Would you recognize Senator Marchi. 5 ACTING PRESIDENT SPANO: Chair 6 recognizes Senator Marchi. 7 SENATOR MARCHI: Mr. President. 8 I am requesting consideration of a privileged 9 resolution that is now at the desk, resolution 10 mourning the passing of the Grand Rabbi Menachem 11 Schneerson. I would request that the resolution 12 be read in its entirety, and then I will speak 13 to it. 14 ACTING PRESIDENT KUHL: Yes, 15 there is a privileged resolution at the desk. 16 Secretary will read it in its 17 entirety. 18 THE SECRETARY: Legislative 19 Resolution, by Senators Marchi, Ohrenstein and 20 all members of the Senate, mourning the passing 21 of Grand Rabbi Menachem Mendel Schneerson, 22 teacher, scholar and beloved leader of the 23 Lubavitch Hasidic movement of world Jewry at the 5038 1 age of 92. 2 Whereas, a Russia-born and 3 Sorbonne-educated scholar, Rabbi Menachem Mendel 4 Schneerson was the seventh in the line of Grand 5 Rabbis, or Rebbes, of an Orthodox Jewish sect 6 dating from the 18th century, he rescued 7 Lubavitch Hasidism and brought it from near 8 extinction to the forefront of world Jewry 9 through his spiritual fervor, charismatic 10 personality and an innovative approach to 11 outreach which involved such common methods as 12 facsimiles of Talmudic disserations and "Mitzvah 13 Tanks," trailers used as recruiting stations on 14 the streets of New York City. 15 Emigrating to the United States 16 with his beloved wife, Chaya Moussia, in 1941 to 17 avoid Nazi persecution, young Rabbi Schneerson 18 accepted the responsibility to restore the 19 Lubavitch Hasidism decimated by the Holocaust, 20 and, in 1951, he succeeded his father-in-law, 21 Rabbi Yosef Yitzchak Schneerson, as Grand Rabbi 22 of the sect. 23 With a modern-day membership 5039 1 estimated at between 100,000 to 300,000, Rabbi 2 Schneerson's followers represent one of the 3 worlds most powerful Hasidic sects, with an 4 influence far beyond their numbers; his Crown 5 Heights headquarters would becaome the seat of 6 ultra-orthodoxy as it flourished, spreading as 7 far afield as the Knesset of Israel and 8 influencing decisions as far-reaching as the 9 Palestinian peace talks. 10 As Lubavitcher Jews around the 11 world mourn for their beloved and influential 12 leader, it is a saddend and compassionate Body 13 of the Assembly which extends on behalf of the 14 City and State of New York its condolences to 15 the family and followers of Grand Rabbi Menachem 16 Mendel Schneerson, recognizing the significance 17 of his presence, the loss of his passing, and 18 the dynamic spiritual force his movement, 19 Lubavitcher Hasidism, brought to the world of 20 Judaism; now, therefore, be it 21 Resolved, that this Legislative 22 Body pause in its deliberations to mourn the 23 passing of Grand Rabbi Menachem Mendel 5040 1 Schneerson, teacher, scholar and revered leader 2 of the Lubavitch Hasidic sect of world Jewry, at 3 the age of 92; and be it further 4 Resolved, that copies of this 5 resolution, suitably engrossed, be transmitted 6 to Lubavitch World Headquarters, 770 Eastern 7 Parkway, Brooklyn, New York. 8 ACTING PRESIDENT KUHL: Chair 9 recognizes Senator Marchi. 10 SENATOR MARCHI: Thank you, Mr. 11 President. The resolution was drafted by 12 Speaker Silver and expresses the feeling that's 13 common to both houses and -- however, there are 14 aspects that I felt might have been put in the 15 resolution, and I will by supplementation in 16 remarks here address them. 17 As was stated, the Rabbi 18 Schneerson was a product of a very exhaustive 19 academic preparation for the work he was later 20 to assume, attended the University of Berlin and 21 Sorbonne in Paris before coming to this country, 22 and this tremendous mastery that he had of 23 sciences, of mathematics, of culture, of 5041 1 cultural influences generally, and his command 2 of philosophy was most impressive. 3 The work that he did -- you know, 4 we speak of 200,000 adherents. The resolution 5 says from 100,000 to 300,000. The number that 6 they have most usually used is the number of 7 200,000. When you reflect on the fact that 8 these educational centers, 1500 of them around 9 the world in 30 different nations, have had the 10 impact that they did, and have today, tells you 11 something. Two hundred thousand in a planet of 12 six or seven billion people would not seem 13 impressive, but the impact has certainly gone 14 way beyond their numbers, and we have to know a 15 little more about what Rabbi Schneerson and the 16 Lubavitcher movement has been responsible for. 17 He took great inspiration from 18 the work of Maimonides, the Rambam, back to the 19 12th century in taking it. When Maimonides took 20 all of the oral law, the strong law, and gave it 21 to us in the form of something that could be 22 read and was organized and could be presented 23 was a gigantic step. 5042 1 Maimonides also quickened world 2 attention to Aristotlian philosophy upon which 3 scholasticism rests, and it had such a profound 4 effect on Judaism at that time and also was 5 responsible for the phenomena that has most 6 often related to Thomas Aquinas and others that 7 were in the scholastic philosophy, but had it 8 not be for Maimonides to give it the initial 9 start, it might have suffered for a while. 10 And Rabbi Schneerson joined that 11 effort again in quickening world awareness of 12 scholastic philosophy. The autonomy of the 13 individual, the soul and the existence of God, 14 the spiritual aspects of humanity, of each 15 individual, was a tremendous thought which, 16 really, the effect was exemplified by the 17 educational process which Rabbi Schneerson 18 brought to it around the world. 19 When we consider that people like 20 Robert Hutchings and Mortimer Adler, the editor 21 of the Encyclopedia Britainnica, were two of the 22 great scholastics of this century, and Rabbi 23 Schneerson served as principal most admirably. 5043 1 His urging that people do good not only to 2 members within their own religious persuasion 3 but throughout the length and breadth of the 4 societies in which they lived goes further. 5 I read the resumes that were 6 written, and it was a fairly impressive 7 initiative that was engaged in by the author of 8 the article in the New York Times, but there are 9 items in it that really require further 10 comment. 11 Rabbi Zalmen Marozov of Montreal 12 perhaps came closest to expressing the essence 13 of what Rabbi Schneerson represented. Rabbi 14 Marozov is from Montreal, and he said, "Once he 15 [meaning Rabbi Schneerson] is out of the body, 16 it is the soul, and you have no more 17 limitations. Hopefully he can accomplish 18 everyithing he wanted to now." 19 So, again, he was recognizing the 20 spirituality of the individual. On the other 21 hand, the psychologist Leon Festinger, who 22 studied the phenomenon of cognitive dissonance, 23 the anxiety that results from holding two 5044 1 contradictory beliefs, he -- he seeks a 2 psychological answer to this, ignoring the fact 3 that he is working in another context, a context 4 that we can analogize even with study of earth 5 sciences, the likes of mathematics and physics. 6 When we consider what happened, for instance, 7 with Ptolemy being accepted as something logical 8 and something inevitable in our thinking, 9 Euclidean mathematics, how that process 10 underwent great changes when we reach Galileo 11 and Copernicus and, later on, the quantum 12 mechanics, even these realities in the real 13 world really are at odds with the comments that 14 were made by psychologists. 15 For instance, Professor Daniel 16 Batson, professor of psychology at the 17 University of Kansas, remarks that "Logically it 18 doesn't make sense," what Rabbi Schneerson was 19 talking to and then reversed the psychology for 20 answers, again missing the fact that we are 21 dealing with the spirituality of the individual, 22 and this is important. 23 I mean this is why 200,000 people 5045 1 and this Rabbi had made the impact that they did 2 around the world. It wasn't an exercise in 3 reconciling psychological tensions. It was an 4 exercise in professing that which is the 5 spiritual foundation of much of our society, 6 that we are creatures created in a divine 7 image. We are creatures who have a spiritual 8 autonomy. We left the worship of rocks and 9 stones and the sun and all these other concepts; 10 and the philosophical and theological 11 foundations of our faiths that dominate so much 12 of our world are the disciplines that he 13 addressed so well. 14 So I believe that we should take 15 these into consideration, because it goes 16 beyond, even with the wording that we have in 17 our resolution, of the service and the 18 contribution that he made within the world of 19 Judaism, because Rabbi Schneerson's educational 20 activities throughout the globe have enriched - 21 I say this -- have enriched and strenghtened the 22 religious, educational, cultural, moral and 23 ethical fibers of all the citizens of the 5046 1 world. So that this very urbane and wonderful 2 individual must be recognized in all of the 3 dimensions that he filled. 4 I had the privilege of meeting 5 him one on one for, oh, well, up to about 45 6 minutes of conversation, and the ease with which 7 he slipped -- slipped into a personal 8 concentration on the subject of whatever we were 9 discussing at the time, most of it 10 philosophical, the individual reached out. You 11 knew that it had his total attention. 12 And members of the Lubavitcher - 13 the group, that so many people, thousands of 14 people going to him for detailed advice on even 15 the mundane matters, the great interest that he 16 took in the spiritual life of people on a one to 17 one basis, I experienced this myself. And I 18 began to appreciate the enormous impact that he 19 must have had with those people who had 20 entrusted and brought the important problems to 21 him which he discussed so willingly and so 22 positively in terms of a resolution that gave 23 them comfort and solace. 5047 1 And it explains why, why there 2 was such an outpouring of grief when he passed 3 away, and I believe that he survives. He 4 survives in -- certainly his soul is there, and 5 it's a great work that he has accomplished that 6 enriches us all, all of society. 7 And I just wanted to emphasize 8 the dimensions of this individual who has gone 9 to his eternal reward as a matter that we know 10 that we will all miss him, and we are grateful 11 for the fact that he worked amongst us for the 12 years that he did, many years, and accomplished 13 so much good for mankind. 14 ACTING PRESIDENT KUHL: Chair 15 recognizes Senator Ohrenstein. 16 SENATOR OHRENSTEIN: Mr. 17 President. I want to express my appreciation to 18 Senator Marchi for sponsoring this resolution 19 and taking the lead on it. I think he is the 20 most appropriate person here, because John 21 Marchi has become the resident scholar on 22 religious matters in this chamber, and I say 23 that with a smile in some ways, but I mean it in 5048 1 every way. I think thoughtfulness and the 2 scholarship that Senator Marchi has exhibited 3 over the years is rather extraordinary, and it's 4 a tribute to his own deep conviction in his own 5 faith, which I think makes him such an 6 exceptional member of this chamber, and it's 7 also appropriate that he be the sponsor for that 8 reason of this passing of a very, very great and 9 revered individual. 10 I want to speak very briefly on 11 this as a member of the Jewish faith. Rabbi 12 Schneerson, the Rebbe, the Lubavitcher Rebbe, is 13 a very, very extraordinary figure among Jews. 14 The Jewish faith is a very complicated faith. 15 There are many facets to it. There are many 16 divisions to it. Many people who profess 17 religiousity in a very orthodox way; others in 18 more modern forms. There are great divisions in 19 that faith about some very weighty matters of 20 religion and doctrine. 21 And so Judaism is a very 22 complicated community when it comes to its 23 religious faith. There is a very secular part 5049 1 to that community that does not profess faith in 2 the Almighty particularly, but really it 3 continues to adhere to the Jewish community as a 4 cultural, national and social matter. 5 The reason I say this is because 6 the most extraordinary thing about the 7 Lubavitcher Rebbe is that all facets of this 8 very complicated community revered him and 9 respected him and looked to him for leadership, 10 even in matters where they disagreed with him. 11 He was -- he is, was, one of those very 12 extraordinary individuals who become leaders in 13 this world. Some are political people who go 14 beyond the area of politics or national or 15 international leadership and also become moral 16 examples and moral leaders. And then, 17 occasionally, a clergyman arises out of the 18 hundreds and thousands of members of the clergy 19 who so diligently serve us and becomes an 20 extraordinary figure. 21 Pope John was such a figure, 22 whose passing was mourned and revered by the 23 whole world. And Rabbi Schneerson is in that 5050 1 category of individual. He preached a dedicated 2 faith. He was able to surround himself with a 3 group of hundreds of thousands of dedicated 4 individuals who were propigators of that faith 5 throughout the world. 6 And his very dedication, his very 7 reverence for his faith, for his people, for God 8 as he interpreted God to be, was an 9 extraordinarily compelling force throughout the 10 Jewish community and throughout the world. 11 I take one bit of historical 12 credit. I moved to Crown Heights at the same 13 time the Lubavitchers moved to Crown Heights. I 14 used to live in Brownsville. I grew up in 15 Brownsville. I wasn't born but I grew up in 16 Brownsville in Brooklyn. I'm still a Brooklyn 17 boy, Marty Markowitz. And I moved to Crown 18 Heights in 1948 at just about the same time that 19 the Lubavitcher group acquired -- what is it, 20 770? -- 770 Eastern Parkway, and I actually 21 lived about two blocks from there. 22 So I was there at the inception, 23 and I watched this movement grow, and it was and 5051 1 is an extraordinary, extraordinary event that 2 such a small group, as Senator Marchi indicated, 3 of dedicated religious people can have the kind 4 of effect they have, controversial as they are. 5 And they are controversial in many, many ways 6 both amongst Jews and amongst the world at 7 large, but no one could every doubt their 8 reverence, the dedication to their faith, the 9 dedication to humanity, the dedication to 10 morality in the deepest and most comprehensive 11 sense of the word, and that is the deep 12 understanding of humanity and the need for 13 humanity's action, for human beings' actions of 14 one to another of righteousness and of rightness 15 in their conduct of themselves and towards each 16 other. 17 And so he and this group have 18 become great moral leaders in the Jewish 19 community and in the world at large, and it is 20 rather a really historic movement that this man 21 has passed. He passed in his mortal 22 configuration. There are those of his adherents 23 who believe that he is the Messaih and that he 5052 1 will return again. 2 Whether the rest of us believe 3 that or not is irrelevant. What is relevant is 4 that his preachings and his example, his moral 5 example, his religious example, his example as a 6 dedicated Jew toward Judaism and humanity at 7 large, those are the things that will survive 8 him. And whether the mystical part of the 9 belief of the Lubavitchers is believed by 10 everybody, as I said, is not really relevant. 11 What is relevant is that his adherers believe 12 it, and his adherers will continue to preach 13 their particular brand of the religiousity, will 14 continue to work in his example and in his role 15 and perpetuate his memory and his work for many, 16 many years. 17 And to that extent, he is and 18 will be a historical figure, and I appreciate 19 Senator Marchi and Speaker Silver putting this 20 resolution before us so we can take some small 21 part in this remembrance. 22 ACTING PRESIDENT KUHL: Chair 23 recognizes Senator Markowitz. 5053 1 SENATOR MARKOWITZ: Thank you 2 very, very much. Thank you also, Senator 3 Marchi. 4 I have represented the Lubavitch 5 communities since the day I was elected, 16 6 years ago, and I can attest to the positive 7 contributions made by the Rebbe and by the 8 Lubavitcher movement in terms of the 9 rejuvenation of the Crown Heights community. 10 One thing that the Rebbe did, he 11 encouraged his activists to reach beyond the 12 Hasidic group to work with African and Caribbean 13 Americans, to work with Latinos, to work with 14 the general population that lived in and around 15 the Crown Heights area and organized service 16 organizations to reach out beyond the one faith 17 and to reach out to all faiths, and tremendous 18 and as modern as you can imagine. Modern 19 telecommunications, organizations utilizing 20 state of the art in terms of helping out, in 21 terms of drug rehabilitation, crime prevention, 22 weatherization and a host of other programs 23 serving the general community. 5054 1 You know, we Jews unlike 2 Catholics do not have a supreme religious 3 leader, as you know, very much like the 4 Protestant faith. But Rabbi Schneerson is as 5 close as you get to us as acknowledged leader of 6 the Jewish faith. 7 In keeping with Hasidic 8 traditions, I was at the funeral on Sunday. You 9 may know that there are no eulogies. At no 10 Hasidic funeral are there eulogies or even a 11 statement from those that mourn the passing of 12 anyone of the Hasidic faith, including the 13 Rebbe. 14 And so in keeping with that, my 15 statement is very clear. We mourn his death, 16 and we celebrate his life. 17 ACTING PRESIDENT KUHL: Chair 18 recognizes Senator Gold. 19 SENATOR GOLD: Thank you. 20 Mr. President. First on a 21 procedural basis, I would hope that the 22 resolution is open for the membership. 23 Everybody is on it already. I 5055 1 just wanted to make sure that that was done. 2 Mr. President. I had a professor 3 in college, government professor, and he said 4 that the American government is federal because 5 the people say it is. What he meant by that is 6 that under the Constitution that we have, there 7 were many different kinds of interpretations, 8 and many different ways we could have gone. 9 That really goes with a lot of 10 things. It goes with Biblical study. It goes 11 with all kind of areas. And during the Passover 12 service, there is a story of an enemy of Jews 13 who wanted to slaughter rabbis, and he took the 14 Bible and said, "You know the brothers of Joseph 15 did this terrible thing and, therefore, even 16 though it's a long, long time ago, under Jewish 17 law we're going to hold everybody responsible 18 and they slaughtered rabbis. 19 They used a holy document for 20 that evil. We live in a world where people 21 teach hate and people teach killing. Some 22 people do it in buildings that are meant to be 23 holy buildings. Some people have killed 5056 1 unfortunately millions, and they invoke the name 2 of the Almighty. 3 I say this because if the 4 Lubavitch movement is what Senator Marchi said 5 and what Senator Ohrenstein and Senator 6 Markowitz and others say, you've got to give 7 enormous credit to the Rebbe who has fashioned 8 that movement all these years. 9 Judaism is built upon study of 10 Talmud and Torah. And, yes, if you read the 11 words, they should lead you -- they should lead 12 you to a very moral life, and they should lead 13 you to a life that teaches good deeds and 14 respect for fellowman. But that doesn't always 15 come out that way; and, again, if it does, 16 you've got to, in my opinion, give enormous 17 credit to the Rebbe and what he did with that 18 movement. 19 There was a woman who was 20 interviewed on television and radio in the last 21 few days who said something that I have heard 22 from many, many people. People would wait for 23 hours for a few minutes of time to get advice or 5057 1 to talk to the Rebbe, and they were amazed. He 2 would look at them and he would know things. 3 This is the woman speaking. "He would know 4 things and he could say something to you that 5 was totally relevant to your life and to why you 6 had come to see the Rebbe and you didn't even 7 have to say a word." 8 He was a man who would go out and 9 give people a dollar, and I think that that's 10 got to be internationally known as one of the 11 symbols, if that's the right word. He would 12 give people a dollar with a very simple message, 13 "Do a good deed." He didn't tell you what good 14 deed to do, and he didn't tell you where you 15 should be going or he didn't point -- he says do 16 a good deed. 17 I will never forget the first 18 time I was approached on the streets of New York 19 by a member of the Lubavitch movement who was 20 working out of Mitzvah wagon. I have seen 21 people all over downtown New York, on street 22 corners and other places, preaching religion of 23 one sort or another. I was never approached as 5058 1 these people approached. They approached me as 2 a Jew to do something in a religious nature, and 3 it wasn't pushy. It wasn't offensive. It was 4 gentle. It was concerned. It was caring. It 5 was a human reaching out and saying, "You got a 6 minute say a prayer." "You want to bring some 7 candles home? Your wife can light candles 8 Friday tonight or whatever." 9 Just beautiful people coming out 10 and into the world to try to make it better. 11 And where does that come from? It came from 12 this wonderful, magnificent man who developed 13 and led that movement. 14 I respect what Senator Markowitz 15 said about traditions. But the fact is that I'm 16 glad we have this opportunity to say some 17 things, and I know certainly while I am not a 18 member of that movement, I feel a great sense of 19 personal loss, and I think the community at 20 large really has suffered a major loss. 21 ACTING PRESIDENT KUHL: The 22 question is on the resolution. All those in 23 favor, signify by saying aye. 5059 1 (Response of "Aye.") 2 Those opposed, nay. 3 (There was no response.) 4 The resolution is unanimously 5 adopted. 6 Senator Present. 7 SENATOR PRESENT: Mr. President. 8 Can we return to reports of standing committees. 9 ACTING PRESIDENT KUHL: Clerk 10 will read. 11 THE SECRETARY: Senator Stafford 12 from the Committee on Finance reports the 13 following nominations: 14 Member of the State Council on 15 the Arts, Samuel H. Lindenbaum, Esq., of New 16 York City. 17 Member of the Empire State Plaza 18 Art Commission, Marijo Dougherty of Schenectady. 19 Member of the Board of Directors 20 of the Great Lakes Protection Fund, Henry G. 21 Williams of Guilderland. 22 Member of the Small Business 23 Advisory Board, William Hockenberger of Penfield 5060 1 and Jennifer L. Carey of Bayshore. 2 Member of the Public Health 3 Council, Leo P. Brideau of Rochester. 4 Member of the Buffalo and Fort 5 Erie Public Bridge Authority, Rita J. Crangle of 6 Buffalo. 7 Member of the Port of Oswego 8 Authority, Christopher C. Dain of Oswego. 9 Member of the Passenger Tramway 10 Advisory Council, Ronald G. Bernhard of 11 Voohreesville, Gerald R. Fielding of Monticello, 12 William Gilber t of Rye Brook, and James R. Ruhl 13 of Ballston Lake. 14 Member of the Advisory Board on 15 Public Work, Neil B. Burnside of Caledonia and 16 Jeffrey J. Zogg of Delmar. 17 Member of the New York State 18 Olympic Regional Development Authority, Robert 19 W. Bouchard of Menands. 20 Member of the New York State 21 Hospital Review and Planning Council, John M. 22 Brown of Orchard Park, Christine Tassone Kovner 23 of New York City and Shiela Mary Smythe of New 5061 1 York City. 2 Member of the Advisory Council to 3 the Commission on Quality of Care for the 4 Mentally Disabled, Esperanza Isaac of New York 5 City. 6 Member of the Council on Human 7 Blood and Transfusion Services, Robert Kratzel, 8 Ph.D., of Getzville. 9 Member of the Finger Lakes State 10 Park, Recreation and Historic Preservation 11 Commission, Robert E. Agan of Elmira. 12 Member of the Thousand Island 13 State Park, Recreation and Historic Commission, 14 John E. Stewart of Plattsburgh and Barry R. 15 Worczak of Lyons Falls. 16 Member of the Administrative 17 Review Board for Professional Medical Conduct, 18 Sumner Shapiro of Delmar. 19 Member of the Board of Directors 20 of the New York State Science and Technology 21 Foundation, Evelyn Berezin of East Setauket. 22 Member of the Advisory Council on 23 Agriculture, Samuel J. Casella of Canandaigua, 5062 1 Jeremiah P. Cosgrove of Round Lake, Charles F. 2 Scheer, Jr., of Laurel, and James L. Vincent of 3 Byron. 4 Member of the Board of Visitors 5 of the Buffalo Psychiatric Center, Carolyn S. 6 Fenlon of West Falls, Margaret V. Lombardi of 7 Buffalo, and Geraldine Minter of Buffalo. 8 Member of the Board of Visitors 9 of the Capital District Psychiatric Center, 10 Lewis F. Krupka of Guilderland. 11 Member of the Board of Visitors 12 of Elmira Psychiatric Center, M. Patricia Lucas 13 of Elmira, and Wendy Potter of North Hornell. 14 Member of the Board of Visitors 15 of the Hudson River Psychiatric Center, Linda 16 Bryer-Green of Poughkeepsie. 17 Member of the Board of Visitors 18 of the Kingsborough Psychiatric Center, Shirley 19 B. Flowers of Brooklyn, and Wallace Nottage of 20 Brooklyn. 21 Member of the Board of Visitors 22 of the Kirby Forensic Psychiatric Center, 23 Seymour B. Jacobson, M.D., of New York City, and 5063 1 Margaret E. Legrande of New York City. 2 Member of the Board of Visitors 3 of the Manhattan Psychiatric Center, Eugenia 4 Evans Clarke of New York City. 5 Member of the Board of Visitors 6 of Manhattan Children's Psychiatric Center, 7 Katharine Shields of New York City. 8 Member of the Board of Visitors 9 of the Mid-Hudson Psychiatric Center, C. Edgar 10 Flynn, Jr., of Slate Hill. 11 Member of the Board of Visitors 12 of the Pilgrim Psychiatric Center, Silvia 13 Velazquez Dorsky of Malverne, Arnold Gould of 14 Lido Beach, and Dorothy Schorr of Syosset. 15 Member of the Board of Visitors 16 of the Rochester Psychiatric Center, George 17 Follett of Albion, and Pamela S. Frame of 18 Rochester. 19 Member of the Board of Visitors 20 of the Rockland Psychiatric Center, Walter C. 21 Blount, Jr., of Orangeburg, Barbara Greenblatt 22 of Nyack, and Margot Vazquez of Suffern. 23 Member of the Board of Visitors 5064 1 of St. Lawrence Psychiatric Center, Imogene 2 Wager of Ogdensburg. 3 Member of the Board of Visitors 4 of Sagamore Children's Psychiatric Center, 5 Louise P. Jones of Amityville, and Elaine Y. 6 Reinke of Massapequa. 7 Member of the Board of Visitors 8 of the South Beach Psychiatric Center, Albert C. 9 Wiltshire of Brooklyn. 10 Member of the Board of Visitors 11 of the Western New York Children's Psychiatric 12 Center, Bertha Laury of Buffalo. 13 Member of the Board of Visitors 14 of the Craig Developmental Disabilities Services 15 Office, Mary H. Derby of Geneseo, and David M. 16 Lane of Warsaw. 17 Member of the Board of Visitors 18 of the Bernard M. Fineson Developmental Center, 19 Beverly Berger of Bayside, and Helene 20 Schaumberger of Douglaston. 21 Member of the Board of Visitors 22 of the Manhattan Developmental Center, Willie 23 Mae Goodman of New York City, and Walter Greene 5065 1 of New York City. 2 Member of the Board of Visitors 3 of the Oswald D. Heck Developmental Center, 4 Eleanor C. Pattison of West Sand Lake, and 5 Lucile Richards of Waterford. 6 Member of the Board of Visitors 7 of the Rome Developmental Disabilities Services 8 Office Jane G. Allen of Lyons Falls. 9 Member of the Board of Visitors 10 of the Sunmount Developmental Center, Margaret 11 Kolodzey of Moriah. 12 Member of the Board of Visitors 13 of Syracuse Developmental Center, James R. Iles 14 of Clay. 15 Member of the Board of Visitors 16 of Wassaic Developmental Center, Theresa 17 Sgrulletta of Mt. Kisco. 18 Member of the Board of Visitors 19 of Wilton Developmental Center, Edward Donohue 20 of Clifton Park. 21 ACTING PRESIDENT KUHL: Question 22 is on the confirmation of the appointment of the 23 previously read appointees. All those in favor, 5066 1 signify by saying aye. 2 (Response of "Aye.") 3 Those opposed, nay. 4 (There was no response.) 5 The appointees are confirmed. 6 May we return to motions and 7 resolutions. 8 Senator Skelos, you have a couple 9 of motions. 10 SENATOR SKELOS: Mr. President. 11 I wish to call up Senator Daly's bill, Print 12 Number 4583B, recalled from the Assembly, which 13 is now at the desk. 14 ACTING PRESIDENT KUHL: Secretary 15 will read. 16 THE SECRETARY: By Senator Daly, 17 Senate Bill Number 4583B, an act to amend the 18 Real Property Law. 19 SENATOR SKELOS: Move to 20 reconsider the vote by which this bill was 21 passed. 22 ACTING PRESIDENT KUHL: The 23 question is on the motion to reconsider the vote 5067 1 by which this bill was passed. The Secretary 2 will call the roll on reconsideration. 3 (The Secretary called the roll on 4 reconsideration.) 5 THE SECRETARY: Ayes 55. 6 ACTING PRESIDENT KUHL: The bill 7 is before the house. 8 Senator Skelos. 9 SENATOR SKELOS: I now offer the 10 following amendments. 11 ACTING PRESIDENT KUHL: 12 Amendments received and adopted. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President. 15 On behalf of Senator Cook, I move to recommit 16 Senate Print Number 7575, Calendar Number 617, 17 to the Committee on Education with instructions 18 to said committee to strike the enacting clause. 19 ACTING PRESIDENT KUHL: The 20 Senate bill is recommitted. 21 SENATOR SKELOS: On page number 22 14, I offer the following amendments to Calendar 23 Number 653, Senate Print Number 276, and ask 5068 1 that said bill retain its place on the Third 2 Reading Calendar. 3 ACTING PRESIDENT KUHL: 4 Amendments are received and adopted. The bill 5 will retain its place on the Third Reading 6 Calendar. 7 SENATOR SKELOS: Mr. President. 8 On behalf of Senator Daly, on page number 32, I 9 offer the following amendments to Calendar 10 Number 1170, Senate Print 5933, and ask that 11 said bill retain its place on the Third Reading 12 Calendar. 13 ACTING PRESIDENT KUHL: 14 Amendments are received and adopted, and the 15 bill will retain its place on the Third Reading 16 Calendar. 17 SENATOR SKELOS: And, Mr. 18 President, on page number 39 of the starred 19 calendar, I offer the following amendments to 20 Calendar Number 708, Senate Print Number 7477A, 21 and ask that said bill retain its place on the 22 Third Reading Calendar. 23 ACTING PRESIDENT KUHL: 5069 1 Amendments are received and adopted, and the 2 bill will retain its place on the Third Reading 3 Calendar. 4 Senator Present. 5 SENATOR PRESENT: Mr. President. 6 Can we take up the controversial calendar, 7 please. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the controversial calendar. 10 THE SECRETARY: On page 5, 11 Calendar Number 199, by Senator Skelos, Senate 12 Bill Number 6552A, an act to amend the 13 Correction Law, in relation to enacting the Sex 14 Offender Registration Act. 15 ACTING PRESIDENT KUHL: Senator 16 Skelos, and explanation has been asked for by 17 both Senator Galiber and Senator Gold. 18 SENATOR SKELOS: Yes, Mr. 19 President. This legislation would establish the 20 Sex Offender Registration Act in New York State 21 which would require individuals that have been 22 convicted of certain enumerated sex offense 23 crimes to register with the local chief law 5070 1 enforcement official in the communities in which 2 they plan to reside once they are released from 3 prison. Presently, there are 32 states that 4 have similar legislation. 5 This legislation also provides 6 that after ten years the individual can make 7 application to the court to no longer be 8 required to register where they live or annually 9 let the local law enforcement officials know 10 that they are still that community. That would 11 be at the discretion of the court. 12 There are also provisions that 13 any individual that is entitled to access of 14 these records at DCJS that if they inform 15 anybody of this registration that they are 16 committing a crime. 17 SENATOR GALIBER: Senator yield? 18 ACTING PRESIDENT KUHL: Senator 19 Skelos, do you yield to Senator Galiber? 20 SENATOR SKELOS: Absolutely. 21 ACTING PRESIDENT KUHL: Senator 22 Skelos yields. 23 SENATOR GALIBER: Senator, by no 5071 1 means should this be interpreted as a serious 2 objection to what you're intending to do here, 3 but for some of us it's a bit troublesome and a 4 a bill as sweeping as this one where you are 5 covering 12 categories and maybe even more where 6 these persons would be forced to register. 7 Working backwards, and I'll give 8 you a philosophical approach to this which I 9 personally have, obviously. In the category of 10 statutory rape, that troubles me a bit. You 11 have two consenting parties here who but for the 12 age factor would probably make it a felony, I 13 believe, depending -- and we changed it just 14 relatively recently, five or ten years or so, is 15 that the age bracket, I believe, that makes it a 16 felony. If it is under it, it's a misdemeanor 17 so they would not be impacted on it. 18 Senator, we have a situation 19 where a college student goes out with a high 20 school student and they are two consenting 21 parties, why should we put that category of 22 person in this register that the other states 23 have and you're desirous of putting in New York 5072 1 State law? 2 SENATOR SKELOS: Let me just say 3 this. First of all, there is an expungement 4 procedure which I did outline, that after ten 5 years this individual could go to be relieved 6 from this requirement. 7 SENATOR DOLLINGER: Yes, I 8 understand that, and there is that expunging 9 system, but there's ten years of this person 10 being forced to register, and I don't think it 11 was the intent to cover this particular category 12 of persons. 13 Actually, anyone who has 14 registered in any one of the categories that you 15 have enumerated after ten years would have an 16 opportunity to make application to have that 17 expunged, but I'm talking about why should, in 18 the first instance, this category of persons be 19 put in that 12 or 13? Why do we have those? 20 SENATOR SKELOS: I understand 21 your concern, Senator Galiber, but we just felt 22 that this would be appropriate in the 23 legislation. I want to point out that this bill 5073 1 so far has been negotiated between Assemblyman 2 Feldman and myself in terms of the terms of the 3 legislation, but we also do expect that there 4 will be other changes in a final version of the 5 legislation. And, certainly, we will take your 6 recommendations into consideration, although in 7 fairness to you I don't want to say that the 8 bill -- this could be the final form, and the 9 bill that is finally before the house, if it is 10 amended, could have what you are concerned about 11 in the legislation. 12 SENATOR DOLLINGER: Okay. 13 Senator, now from a pretty practical standpoint, 14 we have a person who has now registered, and 15 they are in a particular geographical area, and 16 I think that the purpose of the registration is 17 so that if there is some subsequent crime 18 related to those categories that they would be 19 available to law enforcement or the 20 investigatory arm. How would this from a 21 practical standpoint work? We now have Tom Mix 22 registered at 400 Grand Concourse, and there is 23 -- in the second year or third year of the 5074 1 registration, we have someone who has committed 2 a particular crime in that category. The police 3 run through the file and they see the person who 4 went out with the high school -- the college 5 student who went out with the high school 6 student who consented. Does the police have the 7 right to go in and bring that person in? Are 8 there any rules or regulations? In other words, 9 by registering do you give up any question of 10 probable cause or - 11 SENATOR SKELOS: I would say they 12 can use this information to investigate, just as 13 they can go into probation information to find 14 out as part of their investigation procedures. 15 SENATOR GALIBER: Okay. But it 16 doesn't take way any probable cause or some of 17 those other criteria. 18 SENATOR SKELOS: No. 19 SENATOR DOLLINGER: That police 20 officer can not just go out, unless he's abusing 21 his authority or our authority, and bring this 22 person in because they are registered - 23 SENATOR SKELOS: No. 5075 1 SENATOR DOLLINGER: -- or mere 2 suspicion? 3 SENATOR SKELOS: No. 4 SENATOR DOLLINGER: Okay. The 5 confidentiality always troubles me. I'm sure it 6 troubles you, Senator, a bit. These records 7 that are sort of -- not closed, but they are 8 confidential and they are not supposed to be 9 given out as far as any basic information is 10 concerned. And if they do so, you claim -- not 11 claim, but your legislation talks about it being 12 a misdemeanor. 13 SENATOR SKELOS: It's a class B 14 misdemeanor. 15 SENATOR DOLLINGER: A class B 16 misdemeanor. If we have these felonies in that 17 category, is there any reason -- it's strange 18 coming from me because I don't believe in 19 enhancing sentencing, but it's so crucial that 20 if this information would be misused or leaked 21 out, if you will, and we're fortunate enough to 22 apprehend that person who did that, don't you 23 think it should be in a category of a felony as 5076 1 opposed to misdemeanor? As odd as it is coming 2 from me who doesn't believe in enhancing 3 penalties. 4 SENATOR SKELOS: I think a B 5 misdemeanor is significant. 6 SENATOR DOLLINGER: B misdemeanor 7 is enough. All right. Mr. President. On the 8 bill. 9 ACTING PRESIDENT KUHL: Senator 10 Galiber on the bill. 11 SENATOR GALIBER: Thank you, 12 Senator Skelos. 13 I am just philosophically opposed 14 to some of the things you have mentioned, not 15 the intent of the legislation because what is 16 happening in our community nowadays is just 17 horrible, and I think a lot of those things were 18 happening before. We didn't focus in on them. 19 I guess what I'm really somewhat 20 concerned about is, I often say on this floor, 21 that how far do we really have to go to protect 22 the public at large? I refer to the 1984 23 Orwellian concept, and 1984 came to us, and we 5077 1 said absolutely nothing. A staff person here 2 reminded me yesterday -- not reminded me, 3 because I did not know that when the book was 4 written he just reversed the dates on it, and if 5 it would have been the next year, it would have 6 been 1994 as opposed to '84. But the conditions 7 are still the same. We have DNA testing. We 8 have youngsters who are two months old, and we 9 are giving them Social Security numbers. We are 10 really invading an area of privacy, and I'm 11 concerned about how far we really will be going. 12 That's a philosophical approach 13 that I have, and we keep adding onto this. And 14 those persons, if you want to put the white hats 15 and the black hats on, folks, the white hats are 16 going to be impacted on this also. I think this 17 registration, though well-intended, is going to 18 cause horrible, horrible damages especially in 19 the category that I mentioned early on; that 20 we'll have the stigma attached to the rest of 21 the person's life and the notion of expunging is 22 a procedure which is not perfect and there's 23 always some slip-ups. 5078 1 In addition thereto, if a person 2 has ever asked and as we proceed the way I think 3 we're doing, there will come a time when a 4 question on an application for a job will be, 5 "Have you ever had to register in this 6 category?" And you're going to have to say 7 yes. Expunging will not visciate the fact that 8 you have been registered, that is, that person, 9 in a felony category. 10 And I believe that it means - 11 does it mean merely being charged or is there a 12 conviction? 13 Conviction. So, Senator, I can 14 be courageous and vote against the bill because 15 of this one issue which I think is damaging, and 16 I may very well. And if I do, I want for the 17 record you to understand that the area that you 18 are covering is a very crucial one, and you 19 should be congratulated for adding New York 20 State in this category. 21 I'm just so strongly opposed to 22 the notion of big brother who is invading the 23 very basic and fundamental rights as 5079 1 individuals. The price we're paying is a bit 2 too high. And I wish very seriously, and I'm 3 sure -- you have indicated and you are a person 4 of your word that especially that statutory 5 category is probably a bit much and never 6 intended to go that far. 7 ACTING PRESIDENT KUHL: Senator 8 Dollinger. 9 SENATOR DOLLINGER: Mr. 10 President. Will the sponsor yield to a couple 11 of questions? 12 ACTING PRESIDENT KUHL: Senator 13 Skelos, do you yield? 14 SENATOR SKELOS: Yes. 15 ACTING PRESIDENT KUHL: Senator 16 Skelos yields. 17 SENATOR DOLLINGER: Senator, I 18 share many of Senator Galiber's views about the 19 quality of this bill, and I think there's some 20 really good things in it, but let me just ask a 21 couple of quick questions for clarification. 22 One, was it your intention to 23 make all of the sex offenses which would have to 5080 1 be registered under this bill, that they would 2 be felonies? 3 Because, at least in my quick 4 review yesterday -- and maybe we changed that 5 this year. I couldn't tell. I went through my 6 McKinney's. 13060 of the Penal Law is only a 7 misdemeanor. 8 SENATOR SKELOS: Except for 9 second demeanor, it is all felonies. 10 SENATOR DOLLINGER: So with the 11 exception of that, sex - 12 SENATOR SKELOS: Right. 13 SENATOR DOLLINGER: -- sexual 14 abuse in the second degree, which is still a 15 misdemeanor. Okay. The rest of it is all 16 felonies. That just clarifies it for me, 17 because I wasn't sure whether you intended to 18 make it exclusively felonies. 19 The second question, again, 20 through you, Mr. President, if the Senator 21 Skelos will yield? 22 ACTING PRESIDENT KUHL: Senator 23 Skelos, do you continue to yield? 5081 1 Senator does. 2 SENATOR DOLLINGER: How do we 3 effect this bill for people who are convicted 4 out of states for comparable offenses? I note 5 the provision in the bill on page 2, lines 16 6 through 18. How will that work? Will we 7 notify, or who will notify sex offenders that 8 move into this state that they have an 9 obligation to register? How is that 10 notification process going to occur? 11 SENATOR SKELOS: The notification 12 from the other state? 13 SENATOR DOLLINGER: Well, again 14 through you, Mr. President, how will the 15 convicted sexual offender in Pennsylvania know 16 that when he comes to New York he suddenly has 17 all these other obligations created by this 18 statute? 19 I can see how someone who goes 20 through our court system and is either 21 incarcerated, put on probation or parole or 22 whatever, how they are well aware of their 23 obligations because I assume they'll be notified 5082 1 through the process. 2 My question is how does the out 3 of state person get that same kind of notice so 4 that they know they've got to come forward and 5 register? 6 SENATOR SKELOS: Well, presently 7 there are 32 states, as I said, that require 8 this and the federal government is moving 9 towards having national legislation right now to 10 cover this, and I believe there will be 11 cooperation like out-of-state convictions of 12 DWIs that presently exist so that the states can 13 coordinate with each other when this type of 14 crime has been committed. 15 SENATOR DOLLINGER: I think 16 that's a good provision. I was just interested 17 in how it would actually occur. 18 My last question deals with the 19 expungement of records. I'm not familiar with 20 the procedures currently available for expunging 21 criminal records. And my question is, what are 22 the current standards for expunging of records, 23 and how do they play in this statute? 5083 1 Because it says that you can 2 apply to have your records expunged, and if they 3 are expunged by the court of original instance, 4 then you no longer have an obligation to 5 register. 6 SENATOR SKELOS: This would be at 7 the discretion of the judge. 8 SENATOR DOLLINGER: Are there 9 any -- again, through you, Mr. President. Are 10 there any standards for the exercise of that 11 discretion? 12 SENATOR SKELOS: Not that I know 13 of. 14 SENATOR DOLLINGER: Well, I -- I 15 guess on the bill, Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Dollinger on the bill. 18 SENATOR DOLLINGER: I think, in 19 response to my questions, I appreciate the 20 Senator's approach. I think the out-of-state 21 convictions are important. My hope is that the 22 federal government will move in that direction, 23 as well. 5084 1 I do have a concern, and it's 2 probably not enough to justify a negative vote, 3 but that's the standards for expungement. As we 4 discussed yesterday, one of the things that we 5 sometimes do is we put guidelines in major broad 6 categories. We use broad language such as 7 "expungement," and we don't give to our court 8 justices the guidelines for determining when 9 expungement would be necessary and, therefore, 10 when the obligation to register ceases. 11 And I would suggest that perhaps 12 if this bill passes and becomes law that we turn 13 our attention to the expungement process so we 14 make sure that we have given those judges not 15 simply broad, unfettered discretion but, 16 instead, said there is some evidence of 17 rehabilitation, there is some evidence of -- be 18 it remorse or whatever, that there be some 19 evidence that the danger to society, if it still 20 exists, has subsided. That would give the 21 judges a greater idea of what this legislature 22 intends in the expungement process and would 23 ideally better facilitate the goal of this 5085 1 legislation. 2 So I would just commend that to 3 the sponsor. I think this is a good bill. 4 SENATOR SKELOS: As I mentioned 5 to Senator Galiber, if in fact this bill is 6 changed prior to final passage between the two 7 houses, certainly this is something that we will 8 consider during that process. 9 SENATOR DOLLINGER: Again, Mr. 10 President, I don't think -- I'm going to vote in 11 favor of this bill. I think it's got many good 12 aspects to it. I think that would make it even 13 better. 14 Thank you. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 Senator Mendez. 18 SENATOR MENDEZ: Mr. President. 19 Will the Senator yield for a question? 20 ACTING PRESIDENT KUHL: Senator 21 Skelos, will you yield to Senator Mendez? 22 Senator Skelos yields. 23 SENATOR MENDEZ: I am very much 5086 1 interested in the fact that the national 2 association that works on behalf of missing - 3 SENATOR SKELOS: Mr. President, I 4 can't - 5 SENATOR MENDEZ: That association 6 that works on behalf of missing and exploited 7 children as well as other professionals do 8 believe that adults who feel attracted to 9 children, that kind of a behavior is incurable. 10 So that although I appreciate your bill that it 11 starts to do something -- it will help to 12 apprehend those men and women if there are some 13 over there that have come back to the 14 neighborhoods. Then if they go again and they 15 commit another horrendous crime against a child, 16 it would be easy in this instance because of 17 your bill to apprehend that monster. However, 18 there is no prevention. 19 So my question to you is, since 20 you do have interest in this area, do you plan 21 to go ahead and introduce some bills so that 22 these people that are so sick and that are going 23 to keep hurting children forever and ever will 5087 1 stay locked up behind bars? Why should they be 2 paroled. 3 SENATOR SKELOS: I believe 4 Senator DiCarlo has passed the Sex Offender 5 Reform Act, which takes into account some of the 6 considerations you are mentioning right now. 7 SENATOR MENDEZ: I want some 8 correction. I just heard in the debate between 9 Senator Dollinger and yourself that there is a 10 section in the Correction Law that classifies as 11 a misdemeanor child sex abuse. What kind of an 12 abuse could possibly be a misdemeanor? You're 13 the lawyer. I am not. It's just that I am 14 shocked. 15 SENATOR SKELOS: Sexual 16 misconduct, consentual sodomy and sex abuse in 17 the third degree. 18 SENATOR MENDEZ: And that is 19 considered a misdemeanor? My God, Mr. 20 President. 21 Thank you. 22 My God, Mr. President. There be 23 something terribly wrong with -- I know there is 5088 1 something terribly wrong in our criminal justice 2 system; but in an area in today's world here in 3 the United States where sex abuse is increasing 4 at alarming rates, I think that this Legislature 5 should take a closer look and eliminate from the 6 books those kinds of laws that shouldn't be 7 there because it allows these criminals to keep 8 preying, forever and ever, on our children, on 9 our kids. 10 I want to congratulate Senator 11 Skelos for this bill, and I hope that eventually 12 we can work on a bill that will really put these 13 crazy monsters behind bars. Let them work for 14 their keep. And in that way, we as a government 15 would be certain that the safety of our children 16 would be accomplished. 17 Thank you, Mr. President. 18 ACTING PRESIDENT KUHL: Is there 19 any other Senator wishing go speak on this 20 bill? 21 (There was no response.) 22 Hearing none, Secretary will read 23 the last section. 5089 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first day of 3 November next succeeding the date on which it 4 shall have become law. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 55. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 282, by Senator Stafford, Senate Bill Number 13 437D, an act to amend the Environmental 14 Conservation Law, in relation to permitting 15 certain advertising in the Adirondack Park. 16 SENATOR PRESENT: Lay this aside 17 just temporarily and take up Resolution 3993. 18 ACTING PRESIDENT KUHL: Return to 19 motions and resolutions. 20 Secretary will read the title of 21 Resolution 3993. 22 ACTING PRESIDENT KUHL: On page 4 23 of today's calendar, Legislative Resolution 5090 1 3993, by Senator Stafford, designating the 2 report of the fiscal committees on the Executive 3 Budget as the official statement of legislative 4 intent on the Executive Budget as submitted by 5 the Governor and as amended by the Legislature. 6 ACTING PRESIDENT KUHL: Chair 7 recognizes Senator Jones. 8 SENATOR JONES: Yes, on the 9 resolution. 10 ACTING PRESIDENT KUHL: Senator 11 Jones on the resolution. 12 SENATOR JONES: I'm not in the 13 habit here of looking through people's Eagle 14 Scouts and anniversaries and birthdays, et 15 cetera. I assume resolutions are each Senator's 16 personal choice and whatever. 17 So this is probably why I missed 18 this last year; however, I didn't this year. 19 And if there is one thing I've learned through 20 being here a year and a half, there is nothing 21 you can let go by here that you don't read all 22 the fine print. 23 Now, I'm looking at this 5091 1 resolution, and I'm trying to decide -- was I 2 absent, and I'm quite sure I wasn't -- but when 3 this occurred. It apparently outlines the steps 4 that we took preparing the budget. 5 Number 1 I can go along with. 6 The Governor submits it. Number 2 in here says 7 that Senate Finance and Assembly Ways and Means 8 reviews it. I can even take that step. I did 9 go to the hearings. I am on the Finance 10 Committee. I sat through all the hearings, and 11 that part is correct. 12 Now we get to number 3, and this 13 is why I'm lost. It says the committee then 14 makes recommendations and presents them to 15 legislators, individually and collectively. 16 Now, I, first of all, would like to know at what 17 point that occurred? 18 If I missed that point, then 19 let's go on to number 4, which says what we did 20 was each member then was given the opportunity 21 to explain and indicate his opinion on all these 22 expenditures. That, in this resolution, says is 23 number 4 that we did. 5092 1 Then it says -- number 5 says 2 members make their comments and suggestions. 3 Then the Finance Committee and Assembly Ways and 4 Means goes back and negotiates to reach a common 5 accord on the budget. After that, there is a 6 report. 7 Now, the only budget that I 8 received was a very large document on warm paper 9 which I would conclude had just come from the 10 print shop, and I fail to recall any of these 11 steps, and I think it's a little outrageous. 12 We had a bill a couple weeks ago 13 where we talked about historical documents, the 14 Constitution, et cetera, and we did not want any 15 of these presented in an untrue context or any 16 words being left out; and, yet, we are now going 17 to rewrite history and say this is what we did 18 to arrive at the budget we passed last week. 19 I just can only say I'm not even 20 sure. I'm fascinated, outraged. I'm not even 21 sure what adjectives I want to use in regard to 22 this. But, certainly, my name is not going to 23 appear on this legislation. And I'll leave it 5093 1 up to the rest of you, if you want to certify 2 that this is what we did. Because I either was 3 absent or something, and I do have perfect 4 attendance so that obviously isn't what 5 happened. 6 ACTING PRESIDENT KUHL: Senator 7 Dollinger on the resolution. 8 SENATOR DOLLINGER: Mr. 9 President. I join my colleague from Monroe 10 County in standing up in opposition to this 11 resolution. I don't think that all the things 12 that are outlined there actually happened, and 13 I'm not sure that this resolution actually 14 reflects the budget process. It certainly 15 wasn't the budget process that I participated in 16 when at 4:00 o'clock last Wednesday morning I 17 was presented with a couple thousand pages of 18 material that was called the contents of the 19 budget. 20 I don't recall being given an 21 opportunity to explain and indicate his opinion 22 on all those proposed expenditures, other than 23 on this floor. I certainly didn't have it 5094 1 beforehand. 2 And it seems to me that -- I'm 3 fascinated by what this resolution represents. 4 I can recall when I was a kid that we studied 5 Communist Russia and Communist China. Many of 6 you may have had the same history lesson that I 7 did, which said that they reached that point 8 where they wanted to destroy the reputation of 9 someone that they used to take a little air 10 brush and they'd air brush the pictures of the 11 Politburo, and the person would just disappear 12 -- there'd be a hole -- because they had grown 13 in disfavor. And that was the way they revised 14 history. They just kept air brushing people in 15 and out of the pictures. 16 Well, it seems to me that this is 17 the air brush at work here in the State 18 Legislature. If we're going to air brush the 19 last five months, the additional 66 days or 69 20 days that we deliberated beyond our 21 constitutional deadline, but this is the air 22 brush at work, that figurative and literal air 23 brush at work, changing history. 5095 1 I think if we're going to be true 2 to what happened, I think we've got to vote 3 against this resolution. And it just seems to 4 me that this Legislature needs to go through a 5 budget revision process. We need public 6 hearings. We need better itemized legislative 7 budgets. 8 And if we had all those things 9 this resolution might reflect reality but it 10 doesn't. I can't vote for something that 11 doesn't reflect the truth of what we endured for 12 the last four months. 13 SENATOR CONNOR: Mr. President. 14 ACTING PRESIDENT KUHL: Senator 15 Connor on the resolution. 16 SENATOR CONNOR: Thank you, Mr. 17 President. 18 Senator Stafford, would you yield 19 for a question? 20 ACTING PRESIDENT KUHL: Senator 21 Stafford, would you yield? 22 SENATOR STAFFORD: Sure. 23 ACTING PRESIDENT KUHL: Senator 5096 1 Stafford yields. 2 SENATOR CONNOR: Senator, in past 3 years on the budget we got a document called 4 "The Report of the Fiscal Committees." I think 5 it was commonly called, I don't know, "Green 6 Book." It had a green cover on it. 7 SENATOR STAFFORD: It was a 8 "Green Book" but it had a blue cover. 9 SENATOR CONNOR: Blue cover, 10 that's right. That's what it was. I take it 11 that this resolution refers to this year's 12 version of "The Report of the Fiscal 13 Committees." 14 SENATOR STAFFORD: Yes, it does. 15 SENATOR CONNOR: Is there such a 16 report, and can I see it? 17 SENATOR STAFFORD: Yes, there 18 is. It's been made available. 19 SENATOR CONNOR: It's been made 20 available. Has it be distributed? 21 SENATOR STAFFORD: Yes. 22 SENATOR CONNOR: Where? 23 SENATOR STAFFORD: I am advised 5097 1 that all the members received it as in the past. 2 SENATOR CONNOR: Okay. So it's 3 in our offices. 4 SENATOR STAFFORD: Yes. 5 SENATOR CONNOR: Okay. 6 SENATOR STAFFORD: Thank you. 7 ACTING PRESIDENT KUHL: Any other 8 Senator wishing to speak on the resolution? 9 Senator Oppenheimer. 10 SENATOR OPPENHEIMER: I'm trying 11 to understand. Senator, if you would yield for 12 a question, please. 13 ACTING PRESIDENT KUHL: Senator 14 Stafford, would you yield to Senator 15 Oppenheimer? 16 SENATOR STAFFORD: Yes. 17 ACTING PRESIDENT KUHL: Senator 18 does. 19 SENATOR OPPENHEIMER: Normally, 20 when we have a resolution, it's for a purpose, 21 an occasion, an Eagle Scout, a testimonial 22 dinner. I can't understand. What is this 23 resolution for? 5098 1 SENATOR STAFFORD: That's really 2 something I am pleased to see, a resolution that 3 really does do something. Now, I put in all 4 these resolutions and, at times, I wonder 5 whether, really, we read them and really 6 consider them. This resolution is resolving 7 that the budget process has taken place and, as 8 Senator Connor said, the "Green Book" is our 9 interpretation and -- very, very importantly for 10 lawyers -- intent of the Legislature. 11 SENATOR OPPENHEIMER: Okay. Thank 12 you, Senator. 13 SENATOR GOLD: Hold on one 14 second. 15 SENATOR PADAVAN: Last section. 16 ACTING PRESIDENT KUHL: Senator 17 Padavan, Senator Gold asked for just a moment. 18 SENATOR GOLD: Thank you. 19 ACTING PRESIDENT KUHL: The 20 question is on the resolution. All those in 21 favor, signify by saying aye. 22 (Response of "Aye.") 23 Opposed, nay. 5099 1 (Response of "Nay.") 2 Secretary will call the roll. 3 (The Secretary called the roll on 4 the resolution.) 5 ACTING PRESIDENT KUHL: Announce 6 the results. 7 THE SECRETARY: Those recorded in 8 the negative on Legislative Resolution Number 9 3993 are Senators Dollinger, Jones, Leichter, 10 Montgomery, Oppenheimer, and Waldon. Ayes 49. 11 Nays 6. 12 ACTING PRESIDENT KUHL: The 13 resolution as adopted. 14 Senator Padavan, do you wish to 15 return to the controversial calendar? 16 SENATOR PADAVAN: Controversial, 17 Mr. President. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the controversial calendar. 20 THE SECRETARY: Calendar Number 21 282, by Senator Stafford, Senate Bill Number 22 437D, an act to amend the Environmental 23 Conservation Law, in relation to permitting 5100 1 certain advertising in the Adirondack Park. 2 SENATOR OPPENHEIMER: Mr. 3 President. 4 ACTING PRESIDENT KUHL: Senator 5 Oppenheimer. 6 SENATOR OPPENHEIMER: On the 7 bill. In the past, I have spoken against this 8 bill and I think it should be noted that this is 9 the D print, and Senator Stafford has done a 10 considerable amount of work on this in changes, 11 and I congratulate Senator Stafford, because now 12 the Adirondack Council is working in conjunction 13 with the Senator on this. 14 This is a good bill now. Instead 15 of having signs all over the place in the 16 Adirondacks, there are now going to be 17 informational kiosks at rest areas and at 18 certain designated interchanges in the 19 Adirondack Northway, and they will tell the 20 availability of food and fuel and recreation and 21 hiking trails and state lands, and I think it's 22 going to be very beneficial. 23 Tourism is the main industry of 5101 1 the Adirondacks, and I think this will benefit 2 both the people who live there and the millions 3 of visitors who come to the Adirondacks for 4 solace and the beauty of the area. 5 And I think it's a very happy 6 compromise, and I congratulate the Senator. 7 SENATOR STAFFORD: Thank you. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 ACTING PRESIDENT KUHL: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 55. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 586, by Senator Trunzo, Senate Bill Number 22 7057B, an act to amend the Administrative Code 23 of the City of New York. 5102 1 ACTING PRESIDENT KUHL: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 55. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 922, by Member of the Assembly Bennett, Assembly 13 Bill Number 5058B, an act to amend the Executive 14 Law, in relation to state aid to rural areas. 15 ACTING PRESIDENT KUHL: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 55. 23 ACTING PRESIDENT KUHL: The bill 5103 1 is passed. 2 THE SECRETARY: Calendar Number 3 1161, by Senator Marchi, Senate Bill Number 4 1362, an act to amend the Judiciary Law, in 5 relation to creating the 13th Judicial District 6 consisting of the County of Richmond. 7 SENATOR LEICHTER: Explanation. 8 SENATOR GOLD: Explanation, Mr. 9 President. 10 ACTING PRESIDENT KUHL: Senator 11 Padavan. 12 SENATOR PADAVAN: Lay it aside 13 temporarily, Mr. President. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside temporarily. 16 THE SECRETARY: Calendar Number 17 1164, by Senator Kuhl. 18 SENATOR PADAVAN: Lay it aside. 19 ACTING PRESIDENT KUHL: For the 20 day. Lay the bill aside for the day. 21 THE SECRETARY: Calendar Number 22 1173, by Senator Wright, Senate Bill Number 23 6863A, authorize the sale of certain state land 5104 1 in the Town of Ellisburg, Jefferson County. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Senator 7 Dollinger, do you wish to speak on the bill. 8 SENATOR DOLLINGER: Explanation 9 on the bill. 10 ACTING PRESIDENT KUHL: Senator 11 Wright, Senator Dollinger has asked for an 12 explanation. 13 SENATOR DOLLINGER: Excuse me, 14 Mr. President. Is this 1164? 15 ACTING PRESIDENT KUHL: This is 16 1173. Calendar 1173. 17 SENATOR DOLLINGER: I apologize, 18 Mr. President. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 5105 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 55. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1178, by Senator Pataki, Senate Bill Number 8 7128, an act to amend the Town Law. 9 ACTING PRESIDENT KUHL: There's a 10 home rule message at the desk. 11 SENATOR GOLD: Explanation. 12 SENATOR PADAVAN: Lay it aside 13 for the day. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside for the day. 16 THE SECRETARY: Calendar Number 17 1179, by Senator Rath, Senate Bill Number 7142, 18 an act to amend the State Administrative 19 Procedure Act, in relation to model plans or 20 documents. 21 SENATOR GOLD: Will Senator yield 22 to a question? 23 SENATOR RATH: Surely. 5106 1 ACTING PRESIDENT KUHL: Senator 2 Rath, Senator Gold has asked if you would yield. 3 Senator Rath yields. 4 SENATOR GOLD: Senator, I notice 5 in my notes that this was vetoed by the 6 Governor, and there was some reference about 7 clarity of language, I believe. 8 SENATOR RATH: Yes. 9 SENATOR GOLD: Has any of that 10 been addressed in this bill, or is this just a 11 repeat of the vetoed bill? 12 SENATOR RATH: No, I believe 13 that's been cleared up, and the Governor's veto 14 which I have in my hand points out, I think, 15 some concerns that the agencies indicate that 16 compliance with the requirements would be unduly 17 timeconsuming and burdensome. 18 The bill provides for a plan 19 which will help the regulated public understand 20 how they need to respond to the requirements of 21 the regulation when they need to file. 22 So I think what it's trying to do 23 is help SAPA become a little more user friendly, 5107 1 and I believe it's important that we provide 2 that for the regulated public. 3 SENATOR GOLD: Senator, the point 4 I'm getting at is that in 1992, Senator 5 Ohrenstein and I had some questions. We passed 6 the bill unanimously in '93, but there was a 7 veto. 8 There are changes in this bill or 9 there are not changes? 10 SENATOR RATH: My understanding 11 is that there have not been changes because 12 there was -- the Governor's veto did not 13 reference any specific change. It appeared to 14 say, as I go back to the veto language, that the 15 agencies indicate it would be -- compliance with 16 the requirements would be cumbersome and 17 burdensome and costly. 18 But I think the agencies - 19 sometimes the regulated public finds the 20 agencies not to be their friend. It's almost a 21 contest. 22 And so I didn't think that the 23 veto required really changing the language. In 5108 1 my opinion, it didn't require changing the 2 language. I thought the language was very 3 clear. It's a very simple bill. 4 SENATOR GOLD: All right. 5 SENATOR RATH: If I may, 6 Senator. I believe that some of it may have to 7 do with the review of SAPA that is going on at 8 this time. But none of the review areas that I 9 know of are dealing with this particular kind of 10 an issue, and it's a very simple issue. 11 It's presenting a responsibility 12 when a request is made that a model could be set 13 up so that the regulated public could see what 14 that model should look like as they respond. 15 SENATOR GOLD: Senator, just 16 lastly, I personally don't understand why if 17 there is a veto message and we repass bills - 18 people want to challenge and override a veto, 19 that's one thing -- but to not make language 20 change. 21 But I'm just reading, at the 22 request of Senator Leichter, the last sentence 23 of the bill, "This subdivision shall not require 5109 1 the preparation of a model plan or document for 2 any provision of a rule which requires the 3 submission to the agency of an application or 4 similar form or blank which is prepared and 5 distributed by the agency or for any rule which 6 sets forth such model plan or document in the 7 text of the rule." 8 Senator, the Governor said that 9 there was some problem with the language. Do 10 you think that is a clear sentence for the 11 average guy to deal with, Senator, in knowing 12 whether or not this applies? 13 SENATOR RATH: And that, I think, 14 is exactly the point, Senator, that the language 15 is very difficult for the public to understand; 16 and so when they write in and request -- because 17 if you'll notice earlier in the legislation, it 18 says, "Upon the request of one or more regulated 19 parties, to prepare a model plan to provide 20 guidance as to the form." 21 I think that, yes, it is 22 difficult to understand but not for those of us 23 who need to expand to the public's confusion. I 5110 1 think we can understand language like that, and 2 I think our agencies can, but I think the point 3 here is to make it easy for the public. 4 SENATOR GOLD: Well, Senator- 5 ACTING PRESIDENT KUHL: Senator 6 Rath, do you continue to yield? 7 Senator yields. 8 SENATOR GOLD: Yes. Senator, 9 what I don't understand is why we would pass 10 something which is, I think, tremendously 11 difficult. You need -- in the old expression - 12 59 Philadelphia lawyers to understand it. And 13 to say it's passing a law and it doesn't matter 14 whether the public understands it, we should 15 understand it. I'm not ashamed to tell you I 16 don't understand it. 17 And I think, Senator, there are 18 some of us -- you may not have that concern, but 19 some of us worry very much about judges and what 20 they've got to go through. And I'd hate to be a 21 judge and have to interpret what all of this 22 stuff means. I mean I think to some extent 23 that's what the Governor was concerned with. 5111 1 SENATOR RATH: Well, Senator, I 2 can understand why he would be concerned because 3 I think there's probably a lot of legislation 4 has language that is very difficult to 5 understand. 6 But, as I indicated before, this 7 language is dealing with the regulating agencies 8 and asking them to respond to a request by a 9 regulated party. In my mind, that's clear 10 enough. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 Senator Dollinger. 14 SENATOR DOLLINGER: I just rise 15 on the bill. We discussed this yesterday - 16 ACTING PRESIDENT KUHL: Senator 17 Dollinger on the bill. 18 SENATOR DOLLINGER: -- Senator 19 Johnson about the issue of what authority we 20 give to our regulators. And one of the points I 21 tried to make in that discussion was when we 22 give them broad grants of authority and they 23 used those broad grants of authority as broadly 5112 1 as we gave it to them, we can't suddenly come 2 back to them and say, "You are not doing what we 3 want you to do." 4 It seems to me -- and I agree 5 with Senator Gold. I appreciate the difficulty, 6 perhaps, of drafting, that the concept that this 7 last sentence raises is a difficult one to put 8 into a textural form so many it can be clearly 9 understood. But the way it's currently drafted, 10 I think we're going to not only see judges 11 bewildered about how to try to figure it out but 12 we're going to have regulators try to figure it 13 out. They may do some things that we don't want 14 them to do, and we will be back here two or 15 three years from now on the same debate we had 16 with Senator Johnson yesterday on Environmental 17 Conservation, trying to figure out what is it 18 the Legislature really intended. 19 We have an obligation both to the 20 regulators to the courts and to the people who 21 are filing applications and relying on 22 regulators to be more specific. I appreciate 23 the sponsor's -- the difficulty in taking this 5113 1 complicated area of procedural law, of the 2 administrative procedure and trying to make it 3 clear. 4 But it seems to me that this 5 subdivision, this section is unclear and will be 6 difficult for everyone to understand, and we may 7 just generate more confusion rather than 8 clarity. 9 ACTING PRESIDENT KUHL: Senator 10 Gold. 11 SENATOR GOLD: Senator Rath, let 12 me say this. There are times when we have 13 philosophical differences, and there are times 14 when we are just talking, I think, within the 15 context of the Legislature itself and the 16 product. 17 The bill is a short bill. And, 18 basically, the intent of the bill as I 19 understand it is, it says that if a -- if some 20 agency wants you to submit a document that they 21 ought to have some kind of a model as to what 22 they expect it to be. And if that's what it is, 23 I'm so far fine on it. And then that takes care 5114 1 of about the first sentence. 2 The second sentence says it ought 3 to be available and people ought to be told by 4 the agencies it's available. And so I guess I'm 5 okay. 6 Senator, I'm not trying to give 7 you a difficult time, but I don't understand 8 what that last sentence means at all, and I tell 9 you something. My own intellect is 10 questionable. But when Franz Leichter doesn't 11 understand it, I get nervous. 12 And, you know, this 13 subdivision -- in other words, they have to have 14 a plan; they got to tell you about it; but the 15 subdivision does not require the preparation of 16 a plan or document. And then it goes from 17 there. I'm not sure what that means. 18 And all I'm saying, Senator, is I 19 don't think the idea is a terrible idea. I 20 think one of the most frustrating things in the 21 world for people is to want to apply for 22 something, maybe even be entitled to it, and 23 then have a bureaucrat tell them that they like 5115 1 it laid out some other way. 2 I think the idea may be nine. I 3 just don't know what the heck that sentence 4 means. And all I'm saying to you is, we passed 5 it for you before, and the Governor said, "Look, 6 this may have some language problems." I'm just 7 suggesting maybe we don't go through with it 8 today and see whether or not there is any way of 9 fixing up that language. 10 There may not be, Senator, and it 11 may be that philosophically the Governor ain't 12 agoin' to do it, you know, but I think it's 13 worth a try to put it into easier language, 14 respectfully. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first day of 19 October next succeeding the date on which it 20 shall have become a law. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 5116 1 SENATOR LEICHTER: Mr. President. 2 ACTING PRESIDENT KUHL: Senator 3 Leichter to explain his vote. 4 SENATOR LEICHTER: To explain my 5 vote. On the one hand, I want to say to Senator 6 Rath, who is relatively new here but has learned 7 the traditions and habits of this house, which 8 is, that any legislation which is put on the 9 floor cannot be improved in language, and you go 10 ahead and you pass the bill no matter what, even 11 if it's pointed out that it's sorely lacking in 12 comprehensibility or has some other problems. 13 I just want to say, I think the 14 point's been well made and if I, with all due 15 respect, may make a suggestion to Senator Rath 16 that next time she not borrow one of the 17 draftsmen of the Internal Revenue Code to draft 18 these bills, because only in the Internal 19 Revenue Code have I have read similar 20 provisions. And I would be delighted if Senator 21 Rath at her leisure would just send us something 22 which would tell us what this means. 23 Mr. President. I suspect that 5117 1 this bill will meet the exact same fate that it 2 met last year. It will be vetoed. And if 3 traditions hold true, Senator Rath, you will be 4 putting forth the exact same bill with the exact 5 same language next year with the exact same 6 result. 7 I vote in the negative. 8 ACTING PRESIDENT KUHL: Senator 9 Leichter in the negative. Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1179 are 12 Senators Connor, Dollinger, Galliber, Gold, 13 Leichter, Markowitz and Ohrenstein. Ayes 48. 14 Nays 7. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1182, by Senator Stafford, Senate Bill Number 19 7772, authorize the Commissioner of General 20 Services to convey certain land in Clinton 21 County to the Organization for Dannemora 22 Housing. 23 ACTING PRESIDENT KUHL: Secretary 5118 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 55. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1183, by Senator Rath, Senate Bill Number 7776, 12 State Administrative Procedure Act, in relation 13 to notification regarding rule proposals. 14 ACTING PRESIDENT KUHL: Senator 15 Rath, Senator Leichter has asked for an 16 explanation. 17 SENATOR RATH: Senator Leichter, 18 this particular item shows that various agencies 19 before promulgating rules will hold hearings 20 with select notification to the public, 21 circulate draft proposals to select entities, 22 and negotiate rule makings with the regulated 23 parties without notification to ARC or to ORMA; 5119 1 and what we are doing here is insuring 2 legislative oversight by assuring that ARC and 3 ORMA receive notifications of such proceedings. 4 Therefore, the bill, as I said, 5 will insure legislative oversight and is doing 6 nothing more than assuring notification. 7 SENATOR LEICHTER: Thank you. 8 ACTING PRESIDENT KUHL: 9 Explanation satisfactory. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 90th day after it 13 shall have become a law. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 55. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1184, by Senator Present, Senate Bill Number 22 7800, Real Property Tax Law. 23 ACTING PRESIDENT KUHL: Secretary 5120 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 SENATOR LEICHTER: Mr. 8 President. If I may explain my vote. 9 ACTING PRESIDENT KUHL: Senator 10 Leichter to explain his vote. 11 SENATOR LEICHTER: I am going to 12 support this bill, although with some 13 hesitation. I just want to point out to the 14 members here that while this bill provides, in 15 effect, for local option and that really sort of 16 sanitizes the bill for me, but it does provide 17 for the county granting tax exemptions, real 18 estate tax exemption for new construction. 19 I just want to point out that in 20 the City of New York -- and the City was given 21 that power -- really had some very unfortunate 22 experiences. Maybe the counties have to learn 23 it for themselves or be more careful than the 5121 1 City of New York was, but it's a power given the 2 counties which could be misused and create a 3 great deal of financial difficulties. 4 ACTING PRESIDENT KUHL: Announce 5 the results. 6 THE SECRETARY: Ayes 55. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1186, by Senator Libous, Senate Bill Number 11 7975. 12 SENATOR PRESENT: Lay it aside 13 for the day. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside for the day. 16 SENATOR PRESENT: Stand at ease 17 for a moment. 18 ACTING PRESIDENT KUHL: Senate 19 will stand at ease for a moment. 20 (Whereupon, the Senate was at 21 ease.) 22 ACTING PRESIDENT KUHL: Senate 23 will come to order. 5122 1 Senator Present. 2 SENATOR PRESENT: Take up 3 Calendar 1161. 4 ACTING PRESIDENT KUHL: Secretary 5 will read Calendar 1161. 6 THE SECRETARY: Calendar Number 7 1161, by Senator Marchi, Senate Bill Number 8 1362, an act to amend the Judiciary Law, in 9 relation to creating the 13th Judicial District 10 consisting of the County of Richmond. 11 SENATOR LEICHTER: Explanation. 12 ACTING PRESIDENT KUHL: Senator 13 Marchi, Senator Leichter has asked for an 14 explanation. 15 SENATOR MARCHI: Under the 16 present arrangement -- well, we are members of 17 the Second Department and we would remain in the 18 Second Department, the County of Richmond, even 19 under prospective legislation which may be 20 considered later in the session, creating a 21 Fifth Department. 22 But the fact that we are not a 23 judicial district, and especially if there is a 5123 1 change, we would be with the County of Kings, 2 and there have been repeated circumstances in 3 the experience of the county where the desires 4 of the procedures on Staten Island in composing 5 the Supreme Court with some difficulties if it 6 were reduced. Especially with a change to a 7 fifth district, the difficulties would be 8 magnified. So we would -- by becoming a 9 judicial district, we would then be part of the 10 Second Department -- we would continue being 11 members of the Second Department, but we would 12 have the right to fill these offices within the 13 county, as is the case in Kings, as is the case 14 in Queens. It seems to me eminently fair. 15 There is unanimous support for 16 it, down in Richmond County for it. And I would 17 hope it prevails. 18 ACTING PRESIDENT KUHL: Senator 19 Connor. 20 SENATOR CONNOR: Thank you, Mr. 21 President. I certainly more than many members 22 here appreciate why Senator Marchi advances this 23 proposal. In fact, I guess in a prior 5124 1 incarnation in a different district, I may have 2 voted for this and even co-sponsored this a few 3 years ago. And I don't want people from Staten 4 Island to think I have forgotten them so quickly 5 even though they don't have any votes in my 6 district. 7 But I do want to use this issue 8 to address the whole issue of judicial selection 9 in New York City and New York State. 10 There are presently pending two 11 or three lawsuits that challenge on a variety of 12 grounds, civil rights and voting rights grounds, 13 the way, one, we select Supreme Court justices; 14 two, the way Civil Court judges in the City of 15 New York are selected. 16 The cases, I suspect, have some 17 legal merit. They are pending in Federal 18 Court. They raise other issues besides voting 19 rights issues; for example, "one person one 20 vote" issues, issues like why is it that the 21 Borough of Manhattan has an incredibly 22 disproportionate number of Civil Court judges? 23 The political ramifications of adverse decisions 5125 1 in one or all of these cases could be varied. 2 One benefit for those of us who 3 represent parts of other boroughs is it would 4 shift presumably some of the Civil Court judges 5 to other boroughs. 6 One may say Manhattan has a 7 disproportionate number of judges because of the 8 caseload there, but there are cases that say, 9 "Well, fine. So you assign the judges wherever 10 you need them." That doesn't mean that a person 11 in Brooklyn should have 1/6 of the say in 12 picking Civil Court judges as a person in 13 Manhattan, for example, a voter in Manhattan. 14 On the voting rights issues, 15 similar concerns prevail. People say, "Oh, but 16 you need the judges here instead of there," 17 well, that doesn't mean you can't elect them in 18 different sorts of districts that empower 19 minority voters to select more judges, even if 20 they end up being shifted to some different 21 borough to deal with the workload. 22 So it's not about judicial 23 efficiency. We already allow in our state for 5126 1 judges to be assigned wherever they are needed. 2 My colleagues. These cases have 3 been kicking around for a couple of years now, 4 and I'm afraid the day of reckoning is coming, 5 and I've talked to successive Judiciary 6 Committee chairs about what we're going to do 7 about this, and then I get answers, "Yes, we may 8 have to do something about that." 9 And my warning is let's not wait 10 until a federal judge decides how and where and 11 when we'll select judges. For example, who is 12 defending against these lawsuits? Well, the 13 executive, of course. 14 Well, I don't want to comment on 15 the situation in New York, but one of the 16 remedies one of the plaintiffs are asking for is 17 throw out this whole system of picking judges 18 because it violates the Voting Rights Act, "one 19 person one vote," and so on, and just let the 20 executive appoint -- you know, the Mayor appoint 21 a percentage and the Governor appoint a 22 percentage. In other words, they are asking 23 that all the power go to the person they are 5127 1 suing who is defending against it. 2 Now, I don't think in New York 3 State we need worry about the vigor with which 4 the Executive defends these cases, even though 5 the Governor did have a task force which, in 6 effect, laid forth the theory the plaintiffs are 7 using in their lawsuit. 8 But we can look at a different 9 state, in Georgia, for example, and the case is 10 on hold. But in Georgia there was a similar 11 lawsuit against Governor Zell Miller there, and 12 he settled the case and said, "You know, you're 13 right. We're not electing judges properly. So 14 we will enter into a consent decree and I'll 15 just appoint them from now on." 16 In that case, the federal judge 17 said, "Wait a minute." That state had a history 18 of electing judges embodied in its 19 constitutional provisions, and the judge there 20 said, "No, no, you have to work out a different 21 settlement. You have to make it fair. You have 22 to follow the Voting Rights Act. You have to 23 follow also the principle of election." 5128 1 But I believe really this 2 Legislature is now on notice for over two years 3 of the pendency of these lawsuits. I think 4 there are ways to insure a fair way of selecting 5 and electing judges to the various courts. 6 Ensure that "one person one vote" is upheld. 7 Ensure that minority voters have a fair share of 8 the opportunity to elect judges of their choice, 9 and we haven't acted on it. 10 All I have seen on this floor so 11 far now is a bill I once co-sponsored to give a 12 little bit of fairness and say-so to the voters 13 of Richmond County. 14 But with all due respect to 15 Senator Marchi, Mr. President, I think under the 16 circumstances there is a much greater need 17 that's not being met. Indeed, were this bill to 18 become law, it would have to go off to the 19 Justice Department because it does have an 20 impact -- it does have an impact on a voting 21 rights covered county, Kings County. And one 22 could easily construct a rationale whereby in 23 taking away and carving out so many judgeships 5129 1 merely for Richmond County, you, in effect, are 2 depriving minority voters in Kings County of 3 their say-so in picking that many judges. They 4 may not control, but they have a voice in the 5 selection of the judges at present, and they 6 wouldn't were this act to become law. 7 So I think that this bill, were 8 it to become law, won't pass muster under the 9 Voting Rights Act. And on the larger question, 10 we better wake up here before an unelected, 11 lifetime appointee federal judge decides how 12 we're going to get all of our judges. And 13 that's without taking sides on merit selection 14 versus election or any other proposals, but we 15 ought to do something. We really ought to 16 address this and do something before it's done 17 to us as well as for us. 18 Thank you. 19 SENATOR LEICHTER: Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Leichter. 22 SENATOR LEICHTER: If Senator 23 Marchi would yield. 5130 1 ACTING PRESIDENT KUHL: Senator 2 Marchi, do you yield? 3 SENATOR LEICHTER: Senator, has 4 the Office of Court Administration taken any 5 position on your bill? 6 SENATOR MARCHI: Well, I wouldn't 7 want them to -- I wouldn't want to state here 8 that they endorse it when they have made no 9 official pronouncement on it, but I have 10 discussed it with them, and they say they saw 11 nothing objectionable, that it wouldn't create 12 any problem if we wanted to do it. 13 However, I want to caution you 14 that they have not said, yes, we will back it 15 up. I discussed it informally with them in 16 terms of doing this, and they said that that 17 wouldn't present any problem. 18 As far as review, you know, we 19 have no objection. There is no partisan 20 division, and we have certainly no objection by 21 federal review or anybody else. You know, if 22 Queens has a judicial district and Kings County 23 has a judicial district, I don't see why we 5131 1 can't. At least we will be able to have a more 2 direct voice in filling out those Supreme Court 3 slots than we have now. 4 We've had delegates go over and 5 they were just voted down at the judicial 6 convention. I assume that probably happened 7 before Queens became a separate judicial 8 district. We're 400,000 people. 9 But we certainly don't have any 10 objection to having it reviewed by anyone. But 11 I did discuss it specifically with OCA, and they 12 said they didn't see any difficulty at all. 13 That was their word to me. 14 SENATOR LEICHTER: Mr. 15 President. I appreciate - 16 SENATOR MARCHI: In fact, I spoke 17 to Judge Malone's office, and he said he didn't 18 see any difficulty. 19 SENATOR LEICHTER: Thank you, 20 Senator Marchi. 21 ACTING PRESIDENT KUHL: Senator 22 Leichter on the bill. 23 SENATOR LEICHTER: Just briefly 5132 1 on the bill. I think there's a certain element 2 of fairness in saying that Richmond County ought 3 to have the powers that other counties within 4 the City of New York have. 5 But, Senator, let me say there is 6 also an argument to be made that we ought to 7 keep politics, to the extent we can, out of the 8 court system. And I think you've already 9 honestly said that this was driven by politics 10 advantage, if you will, not just for county but 11 possibly for political party. And I don't know 12 whether that's enough justification to change 13 longstanding arrangements. 14 I want to say I have been 15 consistent, because I also opposed the 16 establishment of the 12th Judicial District. 17 But I think we need to do a lot in rationalizing 18 the whole way in which we have not only the 19 election of judges, the unification of our 20 courts, a fifth department, which I believe is 21 needed, and I support Senator Lack's efforts in 22 that. 23 So maybe really we need to look 5133 1 at the whole cosmos of our judicial system, and 2 it may not be wise just from that viewpoint, 3 Senator, to address in this isolated fashion 4 your bill creating a 13th judicial district for 5 Staten Island. 6 ACTING PRESIDENT KUHL: Senator 7 Dollinger. 8 SENATOR DOLLINGER: Mr. 9 President. I rise to echo the sentiments of 10 both Senator Connor and Senator Leichter. I 11 think this is a piecemeal approach to what is a 12 very significant problem, the way elect our 13 judges and the circumstances under which we 14 elect them. 15 I'd simply point out in our neck 16 of the woods, Mr. President, both the judicial 17 district, the 7th Judicial District, which has a 18 majority of its population in Monroe County, 19 very difficult for your constituents from the 20 southern portion of the district or Senator 21 Nozzolio's from the eastern portion of the 22 district or Senator Volker's who are from the 23 western portion of the seventh district to win 5134 1 elections against people who run from Monroe 2 County because of the substantial population 3 concentrated in Monroe County, and we have a 4 judiciary in the Seventh Judicial District 5 which, again, depending on your persuasion, is 6 really geographically and regionally balanced, 7 heavily tilted in favor of Monroe County. It's 8 very difficult for people outside the county to 9 win. 10 So I think there are a lot of 11 factors that go into the election of judges and 12 regional loyalties that accompany these 13 elections, but I really think to do it on 14 anything other than a comprehensive approach 15 doesn't make good sense. 16 And I understand Senator Marchi's 17 concern, certainly is a strong regional voice 18 for Staten Island, but I think we need to look 19 at the much bigger picture and figure out how 20 we're going to create a judiciary in this state 21 that accurately reflects all aspects and all 22 constituencies in this state so that we make 23 sure that justice is fair and it's even-handed 5135 1 for everyone. 2 And I'm going to vote against 3 this bill only because I think this is a 4 piecemeal approach to a very big problem. I 5 know Senator Lack and the Judiciary Committee 6 are working on aspects of that problem. I hope 7 they bear fruit. 8 But I'm going to vote against 9 this on the basis of the fact that it's a 10 piecemeal approach at this stage. 11 ACTING PRESIDENT KUHL: Senator 12 Galiber. 13 SENATOR GALIBER: Senator, will 14 you yield for a question? 15 ACTING PRESIDENT KUHL: Senator 16 Marchi, do you yield? 17 SENATOR MARCHI: Yes. 18 SENATOR GALIBER: Senator, I want 19 you to go back a little bit and tell me whether 20 this is the same thing we had a problem with in 21 Bronx County. One time in Bronx County we were 22 drawing with Manhattan, and both Senator 23 Leichter and Senator Connor had a piece of 5136 1 Manhattan, and they still owe us judges because 2 they didn't have the population. They must owe 3 us about seven or eight judges. We haven't got 4 them yet. They are still hanging out there. 5 So when the opportunity came, 6 with some struggle, I want you to know, and you 7 can recall we wanted to separate and make it the 8 12th and there was a lot of objection to it. I 9 think there is some kind of a little 10 self-serving something or other back there. I'm 11 going to vote for the legislation, because I 12 went through this, and they never gave us the 13 judges that they owe us, and I think that there 14 are some problems as pointed out; 15 notwithstanding the fact that there are two 16 people from Manhattan who kind of objected. You 17 guys owe me some judges, I want you to know 18 that. This is the only way we can do it. 19 They gave me the same argument 20 some years ago. Let's wait for whomever it may 21 be to come along and do an overall system. It 22 doesn't work that way in government. So I hope 23 that you stay with the City of New York first, 5137 1 and if you don't or you do, I certainly want to 2 vote for your piece of legislation. 3 ACTING PRESIDENT KUHL: Chair 4 recognizes Senator Gold. 5 SENATOR GOLD: Thank you, Mr. 6 President. 7 Mr. President. This debate 8 brings a smile to my face because, while this 9 legislation is talking about an issue, it 10 reminds me of some other kinds of things, and 11 the smile on my face is a memory of a fellow by 12 the name of John D. Calandra, a Republican 13 Senator, a conservative Republican Senator, and 14 I don't mind putting it out on the record. I 15 absolutely loved the man, he was a great guy. 16 Why do I smile, and why do I 17 mention John Calandra? John Calandra had a bill 18 that came to this floor, and he was going to 19 redo all the judge districts in the Bronx, and 20 the reason was that minorities in the Bronx were 21 being abused and they didn't have judges, and we 22 have to redraw districts and we got to redo the 23 whole thing, and it was I think even for the 5138 1 whole City of New York. But I know he was very, 2 very upset. 3 And in the bill, John Calandra 4 took the names of all the sitting judges, gave 5 them a district, and there was a whole calendar 6 of how these judgeships would get reelected, and 7 I know that John Calandra did this at random. 8 But somehow, somehow if you took a look at the 9 election dates, those districts which John 10 Calandra thought would elect white Republicans 11 happened to be the first elections. And in the 12 calendar, ten, fifteen years down the line, 13 there would be a Puerto Rican and there would be 14 a black some place along the line. 15 The schedule had nothing to do 16 with politics but it just turned out that all of 17 the districts that might give a Republican a 18 chance were the first elections. Then -- well, 19 that didn't get too far, as you know, but 20 certainly in the other house. 21 Then Senator Calandra, God bless 22 him, had another bill and this one dealt with - 23 it was either delegates to the judicial 5139 1 convention or whatever, and he went through the 2 Assembly seats or the Senate districts or 3 whatever, and he realigned how the voting would 4 be. And I said I know how this vote is going to 5 come out. If your district had 18 and you were 6 getting 20, you were for the bill; if your 7 district had 19 and had 16, you were against the 8 bill. 9 And, you know, what this all 10 comes down to is that it really is ridiculous, 11 and I respect Senator Galiber very, very much, 12 and I do believe that, you know, you shouldn't 13 be in a situation where you don't have a chance 14 to participate in the system. 15 But, Senator Marchi, you know, I 16 really think it's enough. When Staten Island 17 wanted to vote to secede. I said, look, let 18 them take a vote, fine. I hope they don't go 19 that way. And, certainly, if it comes down to 20 the wire and they want to go and they want to 21 take all the debt with them that they've got to 22 take, I might be sympathetic with them. I'm not 23 so sympathetic with Staten Island walking out 5140 1 and now people in Queens County having to pick 2 up their share of the debt. But there are a lot 3 of issues involved. 4 But I really believe that if 5 we're talking about getting out of here -- and I 6 know the Assembly isn't working tomorrow. They 7 apparently feel it's useless at this point. 8 This house says if you want to get out, we've 9 got to work tomorrow. 10 Well, maybe in the middle of 11 June, we shouldn't be posturing if you want to 12 get out. I mean what does it mean? Is June 15 13 the start of posturing and politics into the 14 matter? I hope not. I want to get out. 15 The courts are very vital to the 16 existence of a civilized society, and it 17 shouldn't be this kind of pulling and tugging. 18 I think that the bill is taking us in a 19 direction which makes it look like this 20 distinguished house is politicizing the courts. 21 There's so much to do, real 22 issues. Do we believe in merger or not? God 23 forbid. But are there other things that we 5141 1 should be dealing with? But just to start 2 pulling out and creating a district here because 3 politically it's the right time, I really do 4 oppose it, and that's the way I'm going to vote. 5 ACTING PRESIDENT KUHL: The chair 6 recognizes Senator DiCarlo. 7 SENATOR DiCARLO: Thank you, Mr. 8 President. Having represented both Brooklyn and 9 Staten Island I think I can see both sides of 10 this issue as nobody here can, and I find 11 interesting that Senator Gold used the word 12 politicizing the courts. 13 Being a Republican from Kings 14 County who has a lot of experience with courts 15 in Kings County and the Second Judicial 16 District, I don't think we're politicizing the 17 courts here. I think that's something that has 18 been done over the years, and I would like to 19 see a little bit of fresh air brought into the 20 court system, not only in the state but 21 especially in the Second Judicial District. 22 I represent Brooklyn and Staten 23 Island, as I've said, and I live in Brooklyn. 5142 1 But I have to tell you that not only do the 2 people in my district in Brooklyn not get 3 represented in the courts in the Second Judicial 4 District because we have no say in who gets 5 elected basically in a county of two and a half 6 million, but the people of Staten Island have 7 absolutely no voice in who sits on the bench in 8 the Second Judicial District. 9 It is the right thing to do for 10 the people of Staten Island, and I think that 11 you are correct, Senator Connor, that this whole 12 system is going to be shaken apart very quickly 13 and very soon, and the way that we elect judges 14 in this state, Supreme Court judges, is not 15 going to be around for a lot, much longer 16 because it is, based on the Georgia decision, 17 unconstitutional. 18 I look forward to the day when we 19 no longer elect judges the way we do in the 20 Second Judicial District. I believe that, 21 eventually, we're going to have Supreme Court 22 Judicial District which would not be in 23 violation of the Voting Rights Act. It's 5143 1 coming, and I think that the people of Staten 2 Island deserve their voice to be heard, and I 3 would recommend that everybody support this 4 bill. It's the right thing to do, and I think 5 eventually it's going to happen. 6 Thank you. 7 ACTING PRESIDENT KUHL: The chair 8 recognizes Senator Lack. 9 SENATOR LACK: Thank you, Mr. 10 President. I must say I apologize to Senator 11 Connor. I missed his part of the debate, but 12 from what I've heard since I came in, I do find 13 it very funny, as Senator Gold did, wanting to 14 know why Senator Marchi could possibly want a 15 13th judicial district that would encompass the 16 County of Richmond in the City of New York. 17 Of course, for a little history 18 as we talk about the establishment of judicial 19 districts, Senator Galiber very honestly stood 20 up and said, "Well, we wanted Bronx," and that's 21 the 12th Judicial District in this state. Of 22 course, Senator Gold comes from Queens. That's 23 the 11th Judicial District in this state, and a 5144 1 fine one at that. One has to think about how 2 did we get an 11th and how did we get a 12th, 3 and we got an 11th, and we got a 12th because of 4 Senator Gold, Senator Galiber, their colleagues 5 in both houses who said, "Hey, now, wait a 6 minute." We in Queens, we in Bronx, we've got 7 little problems being tied to Brooklyn or being 8 tied to Manhattan, and we, of course, want to 9 speak for ourselves in the county of Queens and 10 the County of Bronx. So, please, can we 11 establish a judicial district? 12 And do you know what? Colleagues 13 in this house, Republicans and Democrats, 14 listened and said, "Okay, that's what you want, 15 that's what you can have." 16 You know, the law only allows 17 this to happen once every ten years. So it's 18 not like every 15 seconds someone is plucking a 19 new judicial district off a tree. And, in fact, 20 the last two that were created were within the 21 City of New York with people expressing the same 22 sentiments that Senator Marchi is on behalf of 23 his constituents. 5145 1 So, Senator Marchi, I'm proud as 2 chair of the Judiciary Committee to support your 3 effort, and I really don't think it's 4 posturing. You are evidencing a very grave 5 concern of your constituents and one that I 6 think should happen. 7 As far as the Assembly not being 8 here tomorrow, well, Senator Gold, I really wish 9 the Assembly would get here tomorrow. Perhaps a 10 little more posturing is needed to get through 11 session. All of us who have been here all these 12 years know, until that starts, you don't really 13 get through session. 14 One last comment again, Senator 15 Connor, I'm sorry I missed your comments on the 16 voting rights situation. Yes, indeed, it's been 17 in the newspapers. The Civil Rights Division, 18 the United States Department of Justice, 19 pursuant to their authority under the Voting 20 Rights Act, has been pulling information about 21 judicial elections in the State of New York. 22 Indeed, there is a meeting that's been going on 23 this afternoon in which, going back 20, 30 5146 1 years, they are pulling information. 2 The state is under no sanctions. 3 The Civil Rights Division has not yet announced 4 anything that they want the State of New York to 5 do. They are still looking into it. There is 6 at this point -- unless you want to abolish 7 election of judges. I then might hear Senator 8 Gold standing up and having a few other comments 9 to make and abolishing that system whatsoever, 10 which might happen. 11 The creation of a 13th judicial 12 district vis-a-vis what is going on with the 13 Division of Civil Rights isn't going to matter 14 any more than the creation of the 12th Judicial 15 District or the 11th Judicial District vis-a-vis 16 that type of investigation that's going on. 17 If, indeed, there are results of 18 that that come before this Legislature and 19 announce we will when we get a pattern of what 20 to follow from the federal government as we do 21 for all such things, I would assume we would 22 comply. But other than shooting in the dark and 23 trying to divine what it is that the federal 5147 1 government is looking at with respect to our 2 judicial elections within the voting rights 3 counties in the City of New York, quite frankly, 4 as I said, other than abolishing election of 5 judges, which I don't think would be very 6 popular if we suddenly put on the floor of this 7 Legislature, there is nothing for us to do. 8 So, Senator Marchi, I'm happy to 9 vote when the time comes in the affirmative for 10 your piece of legislation. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 7. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT KUHL: Announce 19 the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1161 are 22 Senators Dollinger, Gold, Kruger, Montgomery, 23 and Ohrenstein. Ayes 50. Nays 5. 5148 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Goodman. 4 SENATOR GOODMAN: Mr. President. 5 May I reiterate once again our cordial 6 invitation to all members of this house to come 7 to Saratoga Performing Arts Center this evening 8 for the purpose of having a congenial dinner and 9 listening to "Madam Butterfly" by Jacimo 10 Puccini, a poignant story, as you all know, 11 involving the sad visitation of a Naval 12 lieutenant to the continent of Japan, where he 13 fell in love with an exquisite and wonderful 14 young Japanese lady and, alas, ultimately 15 abandoned her, having nothing whatsoever to do 16 with anything other than the fact that this is a 17 deeply moving and melodious event which I think 18 will bring joy and tears to every member who 19 witnesses it. Without each and every one of 20 you, the evening will not be complete. The food 21 will be superb, and the entertainment courtesy 22 of the New York City Opera and the outstanding 23 tradition of the Senate Committee on the Arts 5149 1 and Cultural Affairs. Look forward to seeing 2 you all 6:30 sharp at SPAC. 3 Thank you very much. 4 ACTING PRESIDENT KUHL: Thank 5 you, Senator Goodman. 6 Senator Present. 7 SENATOR PRESENT: Mr. Cornell, 8 are you all straightened up, no house keeping? 9 Great! 10 Mr. President. I would like to 11 announce an immediate meeting of the Rules 12 Committee in Room 332. I now ask the Senate 13 stand at ease awaiting the Rules Committee 14 report. Upon the receipt of that report, the 15 Senate will adjourn until tomorrow at 11:00 16 a.m. 17 ACTING PRESIDENT KUHL: There 18 will be an immediate meeting of the Rules 19 Committee in Room 332. The Senate will stand at 20 ease until the report of the Rules Committee is 21 available. 22 Senator Leichter. 23 SENATOR LEICHTER: May I have 5150 1 unanimous consent to be recorded in the negative 2 on calendar 1161. 3 ACTING PRESIDENT KUHL: Without 4 objection, Senator Leichter will be recorded in 5 the negative on Calendar 1161. 6 Senate will stand at ease. 7 SENATOR LEICHTER: Thank you very 8 much. 9 (Whereupon, at 3:17 p.m., the 10 Senate was at ease.) 11 ACTING PRESIDENT KUHL: Senate 12 will come to order. 13 Senator Present. 14 SENATOR PRESENT: Mr. President. 15 Can we return to report of standing committees 16 please. 17 ACTING PRESIDENT KUHL: Return to 18 report of a standing committee. Secretary will 19 read. 20 THE SECRETARY: Senator Marino 21 from the Committee on Rules reports the 22 following bills directly for Third Reading: 23 Senate Bill Number 2549, by 5151 1 Senator Cook, an act to amend the Education Law. 2 3178B, by Senator Babbush, 3 authorizing the City of New York to reconvey its 4 interest in certain real property. 5 4485A, by Senator DeFrancisco, 6 authorize the city of Syracuse to replace 7 residential water service lines. 8 4646A, by Senator Espada, 9 authorizing the City of New York to reconvey its 10 interest in certain real property. 11 7497, by Senator Larkin, an act 12 to amend the Labor Law. 13 7699, by Senator Kuhl, an act to 14 amend the General Municipal Law. 15 7849, by Senator Cook, 16 authorizing the transfer and retirement plans 17 for certain police department employees. 18 7870, by Senator Farley, an act 19 to amend the Education Law. 20 7882, by Senator Tully, an act to 21 amend the Executive Law. 22 7887, by Senator DeFrancisco, 23 authorizing the Town of Camillus to discontinue 5152 1 the use of parklands. 2 7921, by Senator Trunzo, County 3 of Suffolk to least certain parklands. 4 7951, by Senator Volker, an act 5 to amend the Local Finance Law. 6 8036, by Senator Bruno, authorize 7 the waiver of certain reports required to be 8 submitted by the Brunswick Central School 9 District. 10 8061, by Senator Daly, Monroe 11 County Tax Act. 12 8108, by Senator Skelos, Estates, 13 Powers and Trusts Law. 14 8361, by Senator Johnson, Suffolk 15 County charter. 16 8448, by Senator Sears, General 17 Business Law. 18 8472A, by Senator DeFrancisco, 19 Real Property Tax Law. 20 8574, by Senator Nozzolio, 21 Agriculture and Markets Law. 22 All bills reported directly to 23 third reading. 5153 1 ACTING PRESIDENT KUHL: All bills 2 will be reported directly to third reading. 3 Senator Present. 4 SENATOR PRESENT: Mr. President. 5 There being no further business, I move that we 6 adjourn until tomorrow at 11:00 a.m. 7 ACTING PRESIDENT KUHL: Senate 8 stands adjourned upon the motion of the 9 Temporary President to tomorrow at 11:00 a.m. 10 (Whereupon, at 3:33 p.m., Senate 11 adjourned.) 12 13 14 15 16 17 18 19 20 21 22 23