Friday, July 1, 1994

6930 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 July 1, 1994 11 2:23 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LIEUTENANT-GOVERNOR STAN LUNDINE, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 6931 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. I would like to ask everyone 4 present to rise and repeat the Pledge of 5 Allegiance with me. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 In the absence of visiting 9 clergy, may we bow our heads in a moment of 10 silence. 11 (A moment of silence was 12 observed.) 13 The Secretary will read the 14 Journal. 15 THE SECRETARY: In Senate, 16 Thursday, June 30th. The Senate met pursuant to 17 adjournment, Senator Kuhl in the Chair upon 18 designation of the Temporary President. The 19 Journal of Wednesday, June 29th, was read and 20 approved. On motion, the Senate adjourned. 21 THE PRESIDENT: Hearing no 22 objection, the Journal stands approved as read. 23 Presentation of petitions. 6932 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Farley. 9 SENATOR FARLEY: Thank you, Mr. 10 President. 11 I have a motion to amend a bill 12 that's been recalled from the Assembly. Mr. 13 President, I wish to call up Senator Volker's 14 bill, Print Number 4829-A which was recalled 15 from the Assembly which is now at the desk. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: By Senator 19 Volker, Senate Bill Number 4829-A, an act to 20 amend the Criminal Procedure Law, in relation to 21 issuance of search warrants. 22 SENATOR FARLEY: Mr. President, I 23 now move to reconsider the vote by which this 6933 1 bill was passed. 2 THE PRESIDENT: Call the roll on 3 reconsideration. 4 (The Secretary called the roll on 5 reconsideration.) 6 THE SECRETARY: Ayes 38. 7 SENATOR FARLEY: Mr. President, I 8 now offer the following amendments and I also 9 move to discharge from the Committee on Rules, 10 Assembly Print 11744-A and substitute it for 11 Senator Volker's identical bill. The Senate 12 bill on first passage was voted unanimously. I 13 now move that the substituted Senate -- Assembly 14 bill have its third reading at this time. 15 THE PRESIDENT: Without 16 objection, the substitution is ordered. Third 17 reading. Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Unanimous. 23 THE PRESIDENT: The bill is 6934 1 passed. 2 SENATOR ONORATO: Mr. President. 3 THE PRESIDENT: Senator Onorato. 4 SENATOR ONORATO: Senator 5 Markowitz has two privileged resolutions at the 6 desk. Ask you to read the titles, please. 7 THE PRESIDENT: The Secretary 8 will read the title. 9 THE SECRETARY: Legislative 10 Resolution, by Senator Markowitz, paying tribute 11 to Q Kingdom Ministries for its dedicated 12 service and to congratulate the scholarship 13 awardees. 14 THE PRESIDENT: On the 15 resolution, all those in favor say aye. 16 (Response of "Aye".) 17 Opposed, nay. 18 (There was no response.) 19 The ayes have it. The resolution 20 is adopted. 21 THE SECRETARY: Also Legislative 22 Resolution, by Senator Markowitz, commemorating 23 the 40th anniversary of the George W. Wingate 6935 1 High School. 2 THE PRESIDENT: On the 3 resolution, all those in favor say aye. 4 (Response of "Aye".) 5 Opposed, nay. 6 (There was no response.) 7 The ayes have it. The resolution 8 is adopted. 9 The Secretary will read. 10 THE SECRETARY: On page 26 of 11 today's calendar, Senator Spano moves to 12 discharge the Committee on Rules from Assembly 13 Bill Number 11886-A and substitute it for the 14 identical Third Reading 1348. 15 On page 30, Senator Montgomery 16 moves to discharge the Committee on Rules from 17 Assembly Bill Number 312-A and substitute it for 18 the identical Third Reading 1470. 19 On page 31, Senator Seward moves 20 to discharge the Committee on Rules from 21 Assembly Bill Number 9339-B and substitute it 22 for the identical Calendar Number 14... 1477. 23 On page 31, Senator Libous moves 6936 1 to discharge the Committee on Rules from 2 Assembly Bill Number 9463-A and substitute it 3 for the identical Third Reading 1478. 4 On page 31, Senator Johnson moves 5 to discharge the Committee on Local Government 6 from Assembly Bill Number 9845 and substitute it 7 for the identical Third Reading 1479. 8 On page 31, by Senator Bruno 9 moves to discharge the Committee on Rules from 10 Assembly Bill Number 10674-A and substitute it 11 for the identical Third Reading 1484. 12 On page 32, Senator Smith moves 13 to discharge the Committee on Rules from 14 Assembly Bill Number 10406 and substitute it for 15 the identical Third Reading 1486. 16 On page 32, Senator DeFrancisco 17 moves to discharge the Committee on Rules from 18 Assembly Bill Number 10872-A and substitute it 19 for the identical Third Reading 1487. 20 Senator Stafford moves to 21 discharge the Committee on Rules from Assembly 22 Bill Number 11986-A and substitute it for the 23 identical Third Reading 1489. 6937 1 On page 33, Senator Spano moves 2 to discharge the Committee on Rules from 3 Assembly Bill Number 11481-A and substitute it 4 for the identical Third Reading 1493. 5 Senator Skelos moves to discharge 6 the Committee on Rules from Assembly Bill Number 7 9926-D and substitute it for the identical Third 8 Reading 1494. 9 Senator Larkin moves to discharge 10 the Committee on Rules from Assembly Bill Number 11 10917-A and substitute it for the identical 12 Third Reading 1495. 13 On page 34, by Senator Nolan 14 moves to discharge the Committee on Rules from 15 Assembly Bill Number 11804 and substitute it for 16 the identical Third Reading 1499. 17 On page 34, Senator Markowitz 18 moves to discharge the Committee on Cities from 19 Assembly Bill Number 9227 and substitute it for 20 the identical Third Reading 1504. 21 On page 35, Senator Daly moves to 22 discharge the Committee on Rules from Assembly 23 Bill Number 10551 and substitute it for the 6938 1 identical Third Reading 1507. 2 On page 36, Senator Spano moves 3 to discharge the Committee on Rules from 4 Assembly Bill Number 11907 and substitute it for 5 the identical Third Reading 1514. 6 On page 36, Senator Stafford 7 moves to discharge the Committee on Rules from 8 Assembly Bill Number 11879 and substitute it for 9 the identical Third Reading 1515. 10 Senator Stafford moves to 11 discharge the Committee on Rules from Assembly 12 Bill Number 8916-A and substitute it for the 13 identical Calendar Number 1518. 14 On page 36, Senator Lack moves to 15 discharge the Committee on Finance from Assembly 16 Bill Number 11676 and substitute it for the 17 identical Third Reading 1519. 18 On page 37, Senator Present moves 19 to discharge the Committee on Rules from 20 Assembly Bill Number 12074 and substitute it for 21 the identical Third Reading 1521. 22 Senator Levy moves to discharge 23 the Committee on Rules from Assembly Bill Number 6939 1 11734-A and substitute it for the identical 2 Third Reading 1523. 3 On page 38, Senator Babbush moves 4 to discharge the Committee on Rules from 5 Assembly Bill Number 12107 and substitute it for 6 the identical Third Reading 1527. 7 On page 38, Senator Seward moves 8 to discharge the Committee on Rules from 9 Assembly Bill Number 10890 and substitute it for 10 the identical Third Reading 1529. 11 Senator Bruno moves to discharge 12 the Committee on Rules from Assembly Bill Number 13 12207 and substitute it for the identical Third 14 Reading 1530. 15 THE PRESIDENT: Substitutions are 16 ordered. 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 let's take up the non-controversial calendar. 20 THE PRESIDENT: There will be 21 order in the chamber. The Chair will inform the 22 Senators that we will not be reading bills that 23 are high. The Secretary will read. 6940 1 Senator LaValle. 2 SENATOR LAVALLE: Can we just - 3 I would like to make a motion to remove a star 4 and place a star, Mr. President. 5 THE PRESIDENT: Certainly. 6 SENATOR LAVALLE: Is that in 7 order at this point? If we can remove the star 8 on Calendar Number 154, Senate Print Number 9 3970-B, and would you place a sponsor's star on 10 Calendar Number 1057, Senate Print Number 4643. 11 Thank you, Mr. President. 12 THE PRESIDENT: So ordered. 13 Senator Levy. 14 SENATOR LEVY: Yes, Mr. 15 President. There will be a meeting of the 16 Transportation Committee at 3:00 o'clock in Room 17 124 to consider the nomination of Abraham 18 Lackman to be a member of the board of the 19 Metropolitan Transportation Authority. 20 SENATOR GOLD: Mr. President. 21 THE PRESIDENT: Senator Gold. 22 SENATOR GOLD: I would just 23 suggest to Senator Levy -- Senator Levy? I 6941 1 would appreciate -- on behalf of my members, I 2 appreciate the notice, but might I also suggest 3 that at about five to 3:00, you make the 4 announcement again because I know yesterday you 5 had made an announcement, but by the time the 6 time came, everybody - 7 SENATOR LEVY: Senator 8 Oppenheimer. 9 SENATOR GOLD: No, I appreciate 10 it. You did nothing wrong. I'm just suggesting 11 another announcement. 12 THE PRESIDENT: Now the Secretary 13 will read the calendar. 14 THE SECRETARY: On page 4 of 15 today's calendar, Calendar Number 66, by member 16 of the Assembly Parment, Assembly Bill Number 17 4806-B, an act to amend the Agriculture and 18 Markets Law. 19 THE PRESIDENT: Last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 6942 1 THE SECRETARY: Ayes 44. 2 THE PRESIDENT: The bill is 3 passes revoked. 4 THE SECRETARY: Calendar Number 5 195, by member of the Assembly Bragman, Assembly 6 Bill Number 6901-B, Environmental Conservation 7 Law. 8 THE PRESIDENT: Last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 44. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 206, by Senator Hannon - 18 SENATOR GOLD: Lay it aside. 19 THE PRESIDENT: The bill is laid 20 aside. 21 THE SECRETARY: Calendar Number 22 213, by Senator Trunzo, Senate Bill Number 23 1374-A, an act to amend the Public Authorities 6943 1 Law. 2 THE PRESIDENT: Last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 44. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 266, by Senator Skelos, Senate Bill Number 12 4183-B, an act to amend the Public Health Law. 13 THE PRESIDENT: Last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 44. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 268, by Senator Seward, Senate Bill Number 23 6741-A, an act to amend the Public Service Law. 6944 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. 3 SENATOR GOLD: Lay it aside. 4 THE PRESIDENT: The bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 310, by Senator Kuhl, Senate - 8 SENATOR GOLD: I'm sorry. 9 Mr. President. 10 THE PRESIDENT: Senator Gold. 11 SENATOR GOLD: Yes, thank you. 12 I want to thank Senator Hannon 13 for his very insightful comments and I would 14 like to return to 206. 15 THE PRESIDENT: 206? 16 SENATOR GOLD: If we - 17 THE PRESIDENT: Oh, yes. 18 SENATOR GOLD: Senator Hannon's 19 bill which I laid aside, and if its all right 20 with the Majority Leader, we can take that bill 21 now and kill it. 22 THE PRESIDENT: First of all, we 23 will lay aside Calendar Number 310 - 6945 1 SENATOR GOLD: Do we want to lay 2 that aside? Yeah, 310. 3 THE PRESIDENT: -- for a 4 substitution and then we will return to Calendar 5 Number 206. 6 SENATOR GOLD: Thank you. 7 THE SECRETARY: Calendar Number 8 206, by Senator Hannon, Senate Bill Number 9 4797-C, an act to amend the Real Property Law 10 and the Private Housing Finance Law. 11 THE PRESIDENT: Last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 45. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 394, by member of the Assembly Lentol, Assembly 21 Bill Number 2078-C, an act to amend the Penal 22 Law. 23 THE PRESIDENT: Last section. 6946 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 45. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 398, by the Assembly Committee on Rules, 10 Assembly Bill Number 11848-B, Environmental 11 Conservation Law. 12 THE PRESIDENT: Last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 45. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 420, by the Assembly Committee on Rules, 22 Assembly Bill Number 11950-A, an act to amend 23 the State Administrative Procedure Act. 6947 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 SENATOR GOLD: Lay it aside. 5 THE PRESIDENT: The bill is laid 6 aside. 7 THE SECRETARY: Calendar Number 8 677 - 9 THE PRESIDENT: The bill is laid 10 aside. 11 SENATOR GOLD: 677? 12 THE PRESIDENT: Yes, for a 13 substitution. 14 THE SECRETARY: Calendar Number 15 889, by Senator Seward, Senate Bill Number 16 7508-B, an act to amend the Public Authorities 17 Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 45. 6948 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 970, by the Assembly Committee on Rules, 5 Assembly Bill Number 11668-C, an act to amend 6 the Tax Law. 7 THE PRESIDENT: Last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 45. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1028, by member of the Assembly Nolan, Assembly 17 Bill Number 22 - 18 SENATOR PRESENT: Lay it aside. 19 THE PRESIDENT: The bill is laid 20 aside. 21 THE SECRETARY: Calendar Number 22 1096, by Senator Bruno, Senate Bill Number 23 6937-A, an act to amend the Racing, Pari-mutuel 6949 1 Wagering and Breeding Law. 2 THE PRESIDENT: Last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 45. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1121, by Senator Wright, Senate Bill Number 12 6941-A, an act to amend the Executive Law and 13 the State Administrative Procedure Act. 14 THE PRESIDENT: Last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 45. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1193, by Senator DeFrancisco, Senate Bill Number 6950 1 4485-B. 2 SENATOR PRESENT: Lay it aside. 3 THE PRESIDENT: The bill is laid 4 aside. 5 THE SECRETARY: Calendar Number 6 1216, by the Assembly Committee on Rules, 7 Assembly Bill Number 12000, an act to amend the 8 Vehicle and Traffic Law. 9 THE PRESIDENT: There is a home 10 rule message at the desk. Last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 45. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1236, by Senator Larkin - 20 THE PRESIDENT: The bill will be 21 laid aside. There is no home rule message at 22 the desk. 23 THE SECRETARY: Calendar Number 6951 1 1256, by Senator Nozzolio, Senate Bill Number 2 8613-A, authorizing the county of Cayuga to 3 convey certain easements. 4 THE PRESIDENT: Last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 45. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1257, by Senator Santiago - 14 THE PRESIDENT: The bill is laid 15 aside for a substitution. 16 THE SECRETARY: Calendar Number 17 1287, by Senator Rath, Senate Bill Number 8605, 18 an act to amend the State Administrative 19 Procedure Act. 20 THE PRESIDENT: Last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 SENATOR PRESENT: Lay it aside. 6952 1 THE PRESIDENT: The bill is laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1316, by Senator Tully, Senate Bill Number 8392, 5 an act to amend the Public Health Law. 6 THE PRESIDENT: Last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 SENATOR PRESENT: Lay it aside. 10 THE PRESIDENT: The bill is laid 11 aside. The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1236, by Senator Larkin, Senate Bill Number 14 8022-B, authorize Michael J. Carroll to transfer 15 to the optional 20-year retirement plan. 16 THE PRESIDENT: There is a home 17 rule message at the desk. Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 42, nays 3, 23 Senators Dollinger, Gold and Leichter recorded 6953 1 in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1318, by Senator Holland - 6 SENATOR HOLLAND: Lay it aside 7 for the day. 8 THE PRESIDENT: The bill is laid 9 aside. 10 THE SECRETARY: Calendar Number 11 1338, by Senator Kuhl, Senate Bill Number 12 7406-B. 13 THE PRESIDENT: The bill is laid 14 aside for a substitution. There is a home rule 15 message at the desk. 16 THE SECRETARY: Calendar Number 17 1338, Senator Kuhl moves to discharge the 18 Committee on Rules from Assembly Bill Number 19 10486-B and substitute it for the identical 20 Third Reading 1338. 21 THE PRESIDENT: Substitution is 22 ordered. 23 Last section. 6954 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 45. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 13... 1346, by Senator Bruno, Senate Bill Number 10 8573-B, authorize the town of Clifton Park, 11 Saratoga County to lease certain parklands. 12 THE PRESIDENT: Last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 48. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1348, substituted earlier today -- Calendar 22 Number 1348, substituted earlier today, by the 23 Assembly Committee on Rules, Assembly Bill 6955 1 Number 11886-A, authorize the city of Yonkers to 2 discontinue as parklands certain lands. 3 THE PRESIDENT: There is a home 4 rule message at the desk, and the substitution 5 is ordered. 6 Last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 48. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1368, by the Assembly Committee on Rules, 16 Assembly Bill Number 11822-A, an act to amend 17 the General Municipal Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 48. 6956 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1370, by Senator Ohrenstein, Senate Bill Number 5 8029, authorizing the city of New York to 6 reconvey its interest in certain real property. 7 THE PRESIDENT: There is a home 8 rule message at the desk. 9 Last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 48. 15 THE PRESIDENT: The bill is 16 passed, and there will be order in the chamber. 17 THE SECRETARY: Calendar Number 18 1403, by Senator Velella, Senate Bill Number 19 8538, Administrative Code of the city of New 20 York. 21 THE PRESIDENT: Home rule message 22 is at the desk. Last section. 23 THE SECRETARY: Section 2. This 6957 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 48. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1410, by Senator Stafford - 9 SENATOR PRESENT: Lay it aside. 10 THE PRESIDENT: The bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1420, by Senator Bruno, Senate Bill Number 14 7494-B, an act to amend the Economic - 15 SENATOR GOLD: Lay it aside for 16 Senator Galiber. 17 THE PRESIDENT: The bill is laid 18 aside. 19 THE SECRETARY: Calendar Number 20 1425, by Senator Lack - 21 THE PRESIDENT: The bill is laid 22 aside for a substitution. 23 THE SECRETARY: Calendar Number 6958 1 1427, by Senator Pataki, Senate Bill Number 2 7807. 3 SENATOR GOLD: Lay it aside. 4 THE PRESIDENT: The bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 1428, by Senator Pataki, Senate Bill Number 8 7808, an act to amend the Criminal Procedure 9 Law. 10 SENATOR GOLD: Lay it aside. 11 THE PRESIDENT: The bill is laid 12 aside. 13 THE SECRETARY: Calendar Number 14 1446, by Senator Hannon, Senate Bill Number 15 5176-A, an act to amend the General Obligations 16 Law. 17 THE PRESIDENT: Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 48. 23 THE PRESIDENT: The bill is 6959 1 passed. 2 THE SECRETARY: Calendar Number 3 1465, by Senator Maltese, Senate Bill Number 4 8677, an act to amend the Vehicle and Traffic 5 Law. 6 THE PRESIDENT: Last section. 7 SENATOR GOLD: Lay it aside. 8 THE PRESIDENT: The bill is laid 9 aside. 10 THE SECRETARY: Calendar Number 11 1470, substituted earlier today by member of the 12 Assembly Vann, Assembly Bill Number 312-A, city 13 of New York to reconvey its interest in certain 14 real property. 15 THE PRESIDENT: There is a home 16 rule message at the desk. 17 Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 49. 23 THE PRESIDENT: The bill is 6960 1 passed. 2 THE SECRETARY: Calendar Number 3 1471, by Senator Levy, Senate Bill Number 4 1196-A, establish a temporary state commission 5 on real property taxation. 6 SENATOR GOLD: Lay it aside. 7 THE PRESIDENT: The bill is laid 8 aside. 9 THE SECRETARY: Calendar Number 10 1473, by Senator Levy, Senate Bill Number 1304, 11 to restore funds to school districts. 12 THE PRESIDENT: Last section. 13 SENATOR GOLD: Lay it aside. 14 THE PRESIDENT: The bill is laid 15 aside. 16 THE SECRETARY: Calendar Number 17 1474, by Senator Larkin, Senate Bill Number 18 2763-A, Administrative Code of the city of New 19 York. 20 THE PRESIDENT: There is a home 21 rule message at the desk. Last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 6961 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 49. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1475, by Senator Waldon, Senate Bill Number 8 3330, an act to amend the Social Services Law. 9 THE PRESIDENT: Last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 SENATOR LEICHTER: Mr. President, 15 would you call my name, please? 16 THE PRESIDENT: Senator Leichter. 17 SENATOR LEICHTER: Yeah, Mr. 18 President, just to explain my vote. 19 I voted against a number of bills 20 proposed by the Majority because they imposed 21 requirements and mandates on state agencies 22 without providing the monies which would permit 23 the state agencies to perform that duty or 6962 1 function. Similarly, this bill, maybe it's 2 required, maybe it isn't, maybe it's wise to 3 have a more thorough analysis of why people are 4 homeless, but without question, this is going to 5 require a very substantial sum of money to make 6 this study and to put forth a bill and not 7 provide any money to the department with a 8 charge for making this study really is just not 9 going to achieve the purpose that the sponsor 10 had in mind, so I want to be recorded in the 11 negative, Mr. President. 12 THE PRESIDENT: Senator Leichter 13 votes no. 14 THE SECRETARY: Ayes 49, nays 3, 15 Senator DeFrancisco, Leichter and Solomon 16 recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 There will be order in the 20 chamber. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 I would like to announce an immediate meeting of 6963 1 the Rules Committee in Room 332. 2 THE PRESIDENT: There will be an 3 immediate meeting of the Rules Committee in Room 4 332. The Secretary will read, and there will be 5 order. 6 THE SECRETARY: Calendar Number 7 1476, by Senator Maltese, Senate Bill Number 8 5145-A, an act to amend the Executive Law. 9 THE PRESIDENT: Last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 52. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1477, substituted earlier today by member of the 19 Assembly McGee, Assembly Bill Number 9339-B, 20 city of Oneonta to discontinue the use and sell 21 certain parklands. 22 THE PRESIDENT: There is a home 23 rule message at the desk. Last section. 6964 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 52. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1478, substituted earlier today by member of the 10 Assembly Dugan, Assembly Bill Number 9463-A, 11 city of New York to reconvey its interest in 12 certain real property. 13 THE PRESIDENT: There is a home 14 rule message at the desk. Last section. 15 THE SECRETARY: Section 12. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 52. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1479, substituted earlier today, by member of 6965 1 the Assembly R. Sweeney, an act to amend the 2 Local Finance Law. 3 THE PRESIDENT: Last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 52. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1480, by Senator Present, Senate Bill Number 13 7117, an act to amend the County Law. 14 THE PRESIDENT: Last section. 15 SENATOR LEICHTER: Lay it aside, 16 please. 17 THE PRESIDENT: The bill is laid 18 aside. 19 THE SECRETARY: Calendar Number 20 1481, by Senator Skelos, Senate Bill Number 21 7159-A, providing for retirement credits for 22 Lawrence Bergman. 23 THE PRESIDENT: There is a home 6966 1 rule message at the desk. Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 SENATOR GOLD: Mr. President. 6 THE PRESIDENT: Senator Gold. 7 SENATOR GOLD: If I can explain 8 my vote. 9 THE PRESIDENT: Senator Gold is 10 recognized. 11 SENATOR GOLD: Yeah, its obvious 12 that some of us do not like this concept of 13 dealing with private bills, and as a result we 14 passed Senator Trunzo's law last year, and to 15 tell you the truth, Senator Skelos, my 16 understanding is that this person is eligible to 17 apply under existing law and doesn't need a law, 18 so it's obvious you're going to pass it and a 19 number of us are going to vote in the negative, 20 but you just might want to inform the individual 21 that he might not have to wait for a veto by the 22 Governor or the Assembly. He may be eligible 23 right now for this relief. 6967 1 I vote in the negative. 2 THE PRESIDENT: Senator Gold 3 votes no. 4 (The Secretary called the roll.) 5 THE PRESIDENT: Those in the 6 negative, please so indicate. 7 THE SECRETARY: Ayes 49, nays 3, 8 Senators Galiber, Gold and Leichter recorded in 9 the negative. 10 THE PRESIDENT: The bill is 11 passed. 12 SENATOR LEVY: Mr. President. 13 THE PRESIDENT: Senator Levy. 14 SENATOR LEVY: Yes, the 15 Transportation Committee will meet in Room 124 16 at 3:00 o'clock. We will also be considering 17 the nominations of Leonard Braun and Carmen 18 Arcuri to be members of the State Transportation 19 Safety Board. 20 THE PRESIDENT: Transportation 21 Committee meeting at 3:00 o'clock, Room 124. 22 THE SECRETARY: Calendar Number 23 1482, by Senator Bruno, Senate Bill Number 7162, 6968 1 an act to amend the Public Authorities Law. 2 THE PRESIDENT: Last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 52. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1484, substituted earlier today, by member of 12 the Assembly Schimminger, Assembly Bill Number 13 10674-A, an act to amend the Economic 14 Development Law. 15 THE PRESIDENT: Last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 52. 21 THE PRESIDENT: The bill is 22 passed. 23 SENATOR LEICHTER: Mr. President. 6969 1 THE PRESIDENT: Senator Leichter. 2 SENATOR LEICHTER: May I have 3 unanimous consent to be recorded in the negative 4 on Calendar 1482, please? 5 THE PRESIDENT: Without 6 objection, so ordered. 7 THE SECRETARY: Calendar Number 8 1485 - 9 SENATOR GOLD: Lay it aside. 10 THE SECRETARY: -- by Senator 11 Marino. 12 THE PRESIDENT: The bill is laid 13 aside. 14 THE SECRETARY: Calendar Number 15 1486, substituted earlier today, by member of 16 the Assembly Griffith, Assembly Bill Number 17 10406, city of New York to reconvey its interest 18 in certain real property. 19 THE PRESIDENT: There is a home 20 rule message at the desk. Last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 6970 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 52. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1487, substituted earlier today, by member of 7 the Assembly Nicoletti, Assembly Bill Number 8 10872-A, authorize the Department of Social 9 Services to contract for chronic care 10 management. 11 THE PRESIDENT: Last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 52. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1488, by Senator Present, Senate Bill Number 21 7700-A, an act to amend the General Municipal 22 Law. 23 THE PRESIDENT: There is a home 6971 1 rule message at the desk. Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 52. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1489, substituted earlier today, by the Assembly 11 Committee on Rules, Assembly Bill Number 12 11986-A, an act to amend the State Finance Law. 13 THE PRESIDENT: Last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 52. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1490, by Senator Tully, Senate Bill Number 23 7802-A, an act to amend the Public Health Law. 6972 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 SENATOR GOLD: Lay it aside. 5 THE PRESIDENT: The bill is laid 6 aside. 7 THE SECRETARY: Calendar Number 8 1491, by Senator Spano, Senate Bill Number 7863, 9 an act to amend the Labor Law. 10 THE PRESIDENT: Last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 50, nays 2, 16 Senators DeFrancisco and Leichter recorded in 17 the negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1493, substituted earlier today, by the Assembly 22 Committee on Rules, Assembly Bill Number 23 11481-A, an act to amend the Civil Service Law. 6973 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 SENATOR GOLD: Lay it aside. 6 THE PRESIDENT: The bill is laid 7 aside. 8 THE SECRETARY: Calendar Number 9 1494, substituted earlier today, by member of 10 the Assembly Christensen, Assembly Bill Number 11 9926-D, an act to amend the Insurance Law. 12 SENATOR GOLD: Last section. 13 THE SECRETARY: Section 2. This 14 act shall take - 15 SENATOR GOLD: Lay it aside. 16 THE PRESIDENT: The bill is laid 17 aside. 18 THE SECRETARY: Calendar Number 19 1495, substituted earlier today, by member of 20 the Assembly Abbate, Assembly Bill Number 21 10917-A, Real Property Tax Law. 22 THE PRESIDENT: Last section. 23 THE SECRETARY: Section 2. This 6974 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 52. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1496, by Senator Skelos, Senate Bill Number 9 8151-A, an act to amend the Public Authorities 10 Law. 11 SENATOR GOLD: Which one is this? 12 THE PRESIDENT: 1496, 8151-A, 13 correct. 14 SENATOR GOLD: Thank you. 15 THE PRESIDENT: Last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 Senator Gold. 20 SENATOR GOLD: Mr. President, I 21 just want to explain my vote. This is a very, 22 very important library, significant library, and 23 I'm glad we're doing what we can to revive it. 6975 1 This was a library that Tom Citrino grew up 2 in. 3 I vote yes. 4 THE PRESIDENT: Senator Gold 5 votes yes. 6 SENATOR GOLD: Get him a copy of 7 the transcript. 8 THE SECRETARY: Ayes 53. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1497, by Senator Larkin, Senate Bill Number 13 8161-A, an act to amend the Local Finance Law 14 and the General Municipal Law. 15 THE PRESIDENT: Last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 53. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 6976 1 1499, substituted earlier today by the Assembly 2 Committee on Rules, Assembly Bill Number 11804, 3 an act to amend the Tax Law. 4 THE PRESIDENT: Last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 53. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1500, by Senator Skelos, Senate Bill Number 14 8233-A, authorize the town of Hempstead, Nassau 15 County to lease - 16 SENATOR GOLD: Lay it aside, 17 please. 18 THE PRESIDENT: There is a home 19 rule message at the desk. The bill will be laid 20 aside. 21 THE SECRETARY: Calendar Number 22 1501, by Senator Tully, Senate Bill Number 8237, 23 an act to amend the Executive Law. 6977 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 53. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1503, by Senator Volker, Senate Bill Number 11 8329-A, an act to amend the Criminal Procedure 12 Law. 13 THE PRESIDENT: Last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 53. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1504, substituted earlier today, by member of 23 the Assembly Norman, Assembly Bill Number 9227, 6978 1 city of New York to reconvey its interest in 2 certain real property. 3 THE PRESIDENT: There is a home 4 rule message at the desk. Last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 53. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1505, by Senator Wright, Senate Bill Number 14 8374-A, an act in relation to the - 15 SENATOR GOLD: Lay it aside, 16 please. 17 THE PRESIDENT: The bill is laid 18 aside. 19 THE SECRETARY: Calendar Number 20 1506, by Senator Tully, Senate Bill Number 8395, 21 an act to amend the Pub... 22 SENATOR GOLD: Lay it aside. 23 THE PRESIDENT: The bill is laid 6979 1 aside. 2 THE SECRETARY: Calendar Number 3 1507, substituted earlier today, by member of 4 the Assembly Pillittere, Assembly Bill Number 5 10551, an act to amend the Executive Law. 6 THE PRESIDENT: Last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 53. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1508, by Senator Velella, Senate Bill Number 16 8420-A, an act to amend the Retirement and 17 Social Security Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 53. 6980 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1509, by Senator Larkin, Senate Bill Number 5 8560-A, an act to amend the Real Property Tax 6 Law. 7 THE PRESIDENT: Last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 53. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1511, by Senator DiCarlo, Senate Bill Number 17 8618, an act to amend the Education Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 53. 6981 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1512, by Senator Wright, Senate Bill Number 5 8631, an act to amend the Labor Law. 6 THE PRESIDENT: Last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 53. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1513, by Senator Seward, Senate Bill Number 16 8632-A, an act to amend the Public Service Law. 17 THE PRESIDENT: Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 SENATOR GOLD: Lay it aside. 22 THE PRESIDENT: The bill is laid 23 aside. 6982 1 THE SECRETARY: Calendar Number 2 1514, substituted earlier today, by the Assembly 3 Committee on Rules, Assembly Bill Number 11907, 4 an act to amend the Criminal Procedure Law. 5 THE PRESIDENT: Last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 53, nays 1, 11 Senator Gold recorded in the negative. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1515, substituted earlier today, by the Assembly 16 Committee on Rules, Assembly Bill Number 11879, 17 an act to amend the State Finance Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 54. 6983 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1516, by Senator Cook, Senate Bill Number 8683, 5 an act to amend the Judiciary Law, in relation 6 to the number of county court judges in Sullivan 7 County. 8 THE PRESIDENT: Last section. 9 SENATOR LEICHTER: Lay it aside, 10 please. 11 THE PRESIDENT: The bill is laid 12 aside. 13 THE SECRETARY: Calendar Number 14 1517, by Senator Bruno, Senate Bill Number 8686, 15 an act to amend the Civil Service Law and the 16 Executive Law. 17 SENATOR GOLD: Lay it aside. 18 THE PRESIDENT: The bill is laid 19 aside. 20 THE SECRETARY: Calendar Number 21 1518, substituted earlier today, by member of 22 the Assembly Robach, Assembly Bill Number 23 8916-A, amends Chapter 656 of the Laws of 1993. 6984 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 54. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1519, substituted earlier today, by the Assembly 11 Committee on Rules, Assembly Bill Number 11676, 12 amends Chapter 502 of the Laws of 1992. 13 THE PRESIDENT: Last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 54. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1520, by the Senate Committee on Rules, Senate 23 Bill Number 8710, an act to grant Patricia 6985 1 Shuster retroactive membership in the New York 2 State Teachers' Retirement System. 3 THE PRESIDENT: Last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 52, nays 2, 9 Senators Dollinger and Gold recorded in the 10 negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1521, substituted earlier today, by the Assembly 15 Committee on Rules, Assembly Bill Number 12074, 16 an act to amend the Town Law and the Public 17 Officers Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 54. 6986 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1522, by Senator Maltese, Senate Bill Number 5 8715, an act to amend the Tax Law. 6 THE PRESIDENT: Last section. 7 There is a local fiscal impact note at the 8 desk. Last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 54. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1523, substituted earlier today, by the Assembly 18 Committee on Rules, Assembly Bill Number 19 11734-A, an act to amend the Public Buildings 20 Law. 21 THE PRESIDENT: Last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 6987 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 54. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1524, by the Senate Committee on Rules, Senate 8 Bill Number 8727, authorizing the town of Greece 9 to discontinue the use of a portion of a road. 10 THE PRESIDENT: Lay the bill 11 aside. There is a home rule message. 12 THE SECRETARY: Calendar Number 13 1525, by the Committee on Rules, Senate Bill 14 Number 8735, Administrative Code of the city of 15 New York. 16 THE PRESIDENT: Home rule message 17 is at the desk. 18 Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 54. 6988 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1528, by Senator Nozzolio, Senate Bill Number 5 8743, an act to amend Chapter 615 of the Laws of 6 1992. 7 THE PRESIDENT: Last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 54. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1529, substituted earlier today, by member of 17 the Assembly McGee, Assembly Bill Number 10890, 18 an act to amend the State Finance Law. 19 THE PRESIDENT: Last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 6989 1 THE SECRETARY: Ayes 54. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1531, by Senator Cook, Senate Bill Number 8773, 6 directing the Commissioner of Health to identify 7 certain unresolved early intervention program 8 implementation issues. 9 SENATOR PRESENT: Lay it aside. 10 THE PRESIDENT: The bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1532, by Senator Volker, Senate Bill Number 14 8777, in relation to providing a retirement 15 incentive for the city of Buffalo. 16 THE PRESIDENT: There is a home 17 rule message at the desk. 18 Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 54. 6990 1 THE PRESIDENT: The bill is 2 passed. 3 Senator Kuhl. 4 SENATOR KUHL: Yes, Mr. 5 President. May we return to motions and 6 resolutions, and would you recognize Senator 7 Lack? 8 THE PRESIDENT: Senator Lack. 9 SENATOR LACK: Thank you, Senator 10 Kuhl. Thank you, Mr. President. 11 With respect to Calendar Number 12 1498, I respectfully move that Print 8187-D be 13 replaced with Print Number 8187-C; in other 14 words, the C print be restored. 15 ACTING PRESIDENT SPANO: So 16 ordered. 17 SENATOR LACK: Thank you. 18 ACTING PRESIDENT SPANO: Senator 19 Lack, that bill is on the active list. Should 20 we read the last section? 21 SENATOR LACK: No, in regular 22 order. I'm waiting for some information, if you 23 wouldn't mind. 6991 1 Thank you very much. 2 ACTING PRESIDENT SPANO: Senator 3 Kuhl. 4 SENATOR KUHL: Mr. President, 5 while we are on motions and resolutions, I 6 understand we have some substitutions at the 7 desk. Why don't we take those now. 8 ACTING PRESIDENT SPANO: The 9 Secretary will read the substitutions. 10 THE SECRETARY: On page 23 of 11 today's calendar, Senator Cook moves to 12 discharge the Committee on Rules from Assembly 13 Bill Number 10114-B and substitute it for the 14 identical Third Reading 1092. 15 On page 17, Senator Spano moves 16 to discharge the Committee on Rules from 17 Assembly Bill Number 867-A and substitute it for 18 the identical Third Reading 876. 19 On page 16, Senator Holland moves 20 to discharge the Committee on Rules from 21 Assembly Bill Number 8130-A and substitute it 22 for the identical Third Reading 802. 23 On page 6, Senator Kuhl moves to 6992 1 discharge the Committee on Rules from Assembly 2 Bill Number 528-A and substitute it for the 3 identical Third Reading 310. 4 On page 9, Senator Lack moves to 5 discharge the Committee on Rules from Assembly 6 Bill Number 11683-B and substitute it for the 7 identical Third Reading 495. 8 On page 13, Senator Stafford 9 moves to discharge the Committee on Rules from 10 Assembly Bill Number 11741-A and substitute it 11 for the identical Third Reading 673. 12 On page 15, Senator Saland moves 13 to discharge the Committee on Children and 14 Families from Assembly Bill Number 10911-A and 15 substitute it for the identical Third Reading 16 779. 17 Page 19, Senator Cook moves to 18 discharge the Committee on Rules from Assembly 19 Bill Number 7130-C and substitute it for the 20 identical Third Reading 925. 21 On page 33, Senator Bruno moves 22 to discharge the Committee on Rules from 23 Assembly Bill Number 10868-A and substitute it 6993 1 for the identical Third Reading 1492. 2 On page 26, Senator Tully moves 3 to discharge the Committee on Rules from 4 Assembly Bill Number 9954 and substitute it for 5 the identical Third Reading 1315. 6 On page 29, Senator Lack moves to 7 discharge the Committee on Rules from Assembly 8 Bill Number 11345-A and substitute it for the 9 identical Third Reading 1425. 10 On page 31, Senator Velella moves 11 to discharge the Committee on Rules from 12 Assembly Bill Number 10245-A and substitute it 13 for the identical Third Reading 1483. 14 On page 13, Senator Bruno moves 15 to discharge the Committee on Rules from 16 Assembly Bill Number 9484-A and substitute it 17 for the identical Third Reading 677. 18 On page 24, Senator Tully moves 19 to discharge the Committee on Rules from 20 Assembly Bill Number 11621-B and substitute it 21 for the identical Third Reading 1189. 22 On page 25, Senator Santiago 23 moves to discharge the Committee on Rules from 6994 1 Assembly Bill Number 311-B and substitute it for 2 the identical Third Reading 1257. 3 ACTING PRESIDENT SPANO: 4 Substitutions are ordered. 5 Senator Kuhl. 6 SENATOR KUHL: Can we now take up 7 the controversial calendar in regular order? 8 ACTING PRESIDENT SPANO: The 9 Secretary will read the controversial calendar. 10 THE SECRETARY: Calendar Number 11 268, on page 5, by Senator Seward, Senate Bill 12 Number 6741-A, Public Service Law. 13 SENATOR GOLD: Mr. President. 14 ACTING PRESIDENT SPANO: Senator 15 Gold. 16 SENATOR GOLD: Will the 17 distinguished gentleman who represents the city 18 of Ithaca yield to a question? 19 ACTING PRESIDENT SPANO: Senator 20 Seward, will you yield to a question? 21 SENATOR SEWARD: Certainly. 22 ACTING PRESIDENT SPANO: Senator 23 Seward yields. 6995 1 SENATOR GOLD: Senator, I'm told 2 by counsel that some problems that may have 3 existed don't anymore, and that at this point 4 the A print requires utilities to make refunds 5 to tenants, is that correct? 6 SENATOR SEWARD: It would. 7 SENATOR GOLD: A "yes" vote will 8 make it very easy for me. 9 SENATOR SEWARD: Okay. It would 10 require the -- yes, the utility - 11 SENATOR GOLD: Last section. 12 SENATOR SEWARD: Okay. The 13 refund will go to the landlord. 14 SENATOR GOLD: Slow roll call. 15 Never mind. Last section. 16 SENATOR SEWARD: 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 55. 23 ACTING PRESIDENT SPANO: The bill 6996 1 is passed. 2 THE SECRETARY: Calendar Number 3 310, substituted earlier today, by member of the 4 Assembly Bragman, Assembly Bill Number 528-A, an 5 act to amend the General Business Law. 6 SENATOR GOLD: Would the Senator 7 yield? 8 ACTING PRESIDENT SPANO: Senator 9 Kuhl, would you yield to a question? The 10 Senator yields. 11 SENATOR GOLD: Senator, the 12 original plan there was some concern about 13 whether the noise level requirements were 14 current rather than at the time of 15 construction. We're told under the "A" print 16 they would have to conform with existing levels, 17 is that correct? 18 SENATOR KUHL: I believe that's 19 correct. 20 SENATOR GOLD: Last section. 21 ACTING PRESIDENT SPANO: Read the 22 last section. 23 I'm sorry. Senator Jones. 6997 1 SENATOR JONES: Yes. Would the 2 sponsor yield to a question, please? 3 ACTING PRESIDENT SPANO: Senator 4 Kuhl yields. 5 SENATOR KUHL: Certainly. 6 SENATOR JONES: Senator Kuhl, 7 could you just tell me, would this have any 8 effect on the shooting range that's run by, for 9 instance, the police or something of that type? 10 SENATOR KUHL: Certainly. There 11 is no exclusion of any particular type of 12 shooting range. It covers all of them. 13 SENATOR JONES: So it covers 14 all? 15 SENATOR KUHL: Yes. 16 SENATOR JONES: Thank you. 17 SENATOR GOLD: Last section. 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. 6998 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 50, nays 5. 3 Those recorded in the negative are Senators 4 DiCarlo, Dollinger, Jones, Smith and Solomon. 5 ACTING PRESIDENT SPANO: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 420 - 9 SENATOR GOLD: Lay it aside for 10 Senator Larkin. 11 SENATOR LEICHTER: For Senator 12 Leichter, please. Lay it aside. 13 SENATOR KUHL: Lay it aside 14 temporarily. 15 ACTING PRESIDENT SPANO: Lay it 16 aside temporarily. 17 THE SECRETARY: Calendar Number 18 495, substituted earlier today, by the Assembly 19 Committee on Rules, Assembly Bill Number 20 11683-B, Estates, Powers and Trusts Law. 21 ACTING PRESIDENT SPANO: Read the 22 last section. 23 THE SECRETARY: Section 2. This 6999 1 act shall take effect immediately. 2 ACTING PRESIDENT SPANO: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 55. 6 ACTING PRESIDENT SPANO: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 673, substituted earlier today by the Assembly 10 Committee on Rules, Assembly Bill Number 11 11741-A, an act to amend the General 12 Construction Law. 13 ACTING PRESIDENT SPANO: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SPANO: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 55. 21 ACTING PRESIDENT SPANO: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 7000 1 677, substituted earlier today, by member of the 2 Assembly Proskin, Assembly Bill Number 9484-A, 3 authorizing the village of Round Lake, county of 4 Saratoga, to reduce the speed limit. 5 ACTING PRESIDENT SPANO: Home 6 rule message is at the desk. Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT SPANO: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT SPANO: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 779, substituted earlier today, by member of the 18 Assembly R. L. Green, Assembly Bill Number 19 10911-A, Domestic Relations Law and the Social 20 Services Law. 21 ACTING PRESIDENT SPANO: Last 22 section. 23 THE SECRETARY: Section 2. This 7001 1 act shall take effect immediately. 2 ACTING PRESIDENT SPANO: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 55. 6 ACTING PRESIDENT SPANO: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 925, substituted earlier today, by member of the 10 Assembly Bennett, Assembly Bill Number 7130-C, 11 Temporary State Coordinating Council on 12 Geographic Information Systems. 13 ACTING PRESIDENT SPANO: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SPANO: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 55. 21 ACTING PRESIDENT SPANO: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 7002 1 1028, by member of the Assembly Nolan, Assembly 2 Bill Number 2235-B, an act to amend the Public 3 Authorities Law. 4 ACTING PRESIDENT SPANO: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 SENATOR KUHL: Lay it aside. 9 ACTING PRESIDENT SPANO: Lay it 10 aside. Senator Leichter. 11 SENATOR LEICHTER: May I have 12 unanimous consent to be recorded in the negative 13 on Calendar 310, please? 14 ACTING PRESIDENT SPANO: Without 15 objection, you will be recorded in the negative 16 on Calendar 310. 17 Senator Galiber. 18 SENATOR GALIBER: Yes, Mr. 19 President. May I have unanimous consent to be 20 recorded in the negative on 1236, 1514, 1520 and 21 310? 22 ACTING PRESIDENT SPANO: Without 23 objection. 7003 1 SENATOR GALIBER: Thank you. 2 SENATOR LEICHTER: Mr. President. 3 ACTING PRESIDENT SPANO: Senator 4 Leichter. 5 SENATOR LEICHTER: Yes. May I 6 also have unanimous consent to be recorded in 7 the negative on Calendar 1540, 15... 1540 -- I'm 8 sorry, calendar -- it's Calendar 1520. 9 ACTING PRESIDENT SPANO: 1520, 10 without objection. 11 THE SECRETARY: Calendar Number 12 1189, substituted earlier today, by the Assembly 13 Committee on Rules, Assembly Bill Number 14 11621-B, authorize the town of Westbury, county 15 of Nassau, to discontinue the use and sell 16 certain parklands. 17 ACTING PRESIDENT SPANO: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SPANO: Excuse 22 me. There's a home rule message at the desk on 23 1189. Read the last section. 7004 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT SPANO: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 55. 7 ACTING PRESIDENT SPANO: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1193, by Senator DeFrancisco, Senate Bill Number 11 4485-B, authorizing the city of Syracuse to 12 replace residential water service lines. 13 ACTING PRESIDENT SPANO: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SPANO: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 55. 21 ACTING PRESIDENT SPANO: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 7005 1 1257, substituted earlier today, by member of 2 the Assembly Vann, Assembly Bill Number 311-B, 3 city of New York to reconvey a certain parcel of 4 real property. 5 ACTING PRESIDENT SPANO: Read the 6 last section. Home rule message is at the 7 desk. Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT SPANO: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT SPANO: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1287, by Senator Rath, Senate Bill Number - 18 SENATOR RATH: Lay it aside. 19 ACTING PRESIDENT SPANO: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 1315, substituted earlier today, by member of 23 the Assembly Englebright, Assembly Bill Number 7006 1 9954-B, study of Long Island Sound historic 2 centers. 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 55. 11 ACTING PRESIDENT SPANO: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1316, by Senator Tully - 15 SENATOR PRESENT: Lay it aside 16 temporarily. 17 ACTING PRESIDENT SPANO: Lay it 18 aside temporarily. 19 THE SECRETARY: Calendar Number 20 1410, by Senator Stafford, Senate Bill Number 21 8652, Retirement and Social Security Law. 22 SENATOR PRESENT: Lay it aside. 23 ACTING PRESIDENT SPANO: Lay it 7007 1 aside. 2 THE SECRETARY: Calendar Number 3 1420, by Senator Bruno, Senate Bill Number 4 7494-B, Economic Development Law. 5 SENATOR LEICHTER: Lay it aside. 6 SENATOR PRESENT: Lay it aside 7 temporarily. 8 ACTING PRESIDENT SPANO: Lay it 9 aside temporarily. 10 THE SECRETARY: Calendar Number 11 1425, substituted earlier today, by the Assembly 12 Committee on Rules, Assembly Bill Number 13 11345-A, Civil Practice Law and Rules. 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 55. 22 ACTING PRESIDENT SPANO: The bill 23 is passed. 7008 1 THE SECRETARY: Calendar Number 2 1427, by Senator Pataki - 3 SENATOR LEICHTER: Lay it aside. 4 ACTING PRESIDENT SPANO: Senator 5 Present. 6 SENATOR PRESENT: Can we go back 7 to 1379? 8 ACTING PRESIDENT SPANO: The 9 Secretary will read 1379. 10 THE SECRETARY: Calendar Number 11 1379, by Senator Nozzolio - 12 SENATOR PRESENT: I'm sorry. Lay 13 it aside. 14 ACTING PRESIDENT SPANO: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 1427, by Senator Pataki, Senate Bill Number 18 7807. 19 SENATOR LEICHTER: Lay it aside. 20 SENATOR PRESENT: Lay it aside 21 temporarily. 22 ACTING PRESIDENT SPANO: Lay it 23 aside temporarily. 7009 1 THE SECRETARY: Calendar Number 2 1428, by Senator Pataki, Senate Bill Number 3 7808, an act to amend the Criminal Procedure 4 Law. 5 SENATOR LEICHTER: Lay it aside. 6 SENATOR PRESENT: Lay it aside 7 temporarily. 8 ACTING PRESIDENT SPANO: Lay it 9 aside temporarily. 10 THE SECRETARY: Calendar Number 11 1465, by Senator Maltese, Senate Bill Number 12 8677, an act to amend the Vehicle and Traffic 13 Law. 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 54, nays 1, 22 Senator Spano recorded in the negative. 23 ACTING PRESIDENT SPANO: The bill 7010 1 is passed. 2 THE SECRETARY: Calendar Number 3 1471, by Senator Levy, Senate Bill Number 4 1196-A, establish a temporary state commission 5 on real property taxation. 6 ACTING PRESIDENT SPANO: Senator 7 Leichter. 8 SENATOR LEICHTER: Just very 9 briefly on the bill. I don't think we need to 10 debate it. We debated it last year. This is a 11 bill that establishes a state commission, 12 temporary state commission to look at the 13 problem of real property taxation, and I think 14 it provides an appropriation of $500,000. 15 My point is that I think we know 16 what the alternatives are to taxes. You either 17 have a real property tax, you have the income 18 tax, you have the sales tax, you have the estate 19 tax, you have the corporate tax. I don't think 20 you need a commission. You know, a commission 21 isn't going to come up with some brilliant new 22 idea, some tax that's going to be totally 23 painless, and so on. 7011 1 I remember last year, my good 2 friend, Senator Larkin, said we need the 3 brightest people to address this issue. I 4 believe the brightest people are right here. We 5 know what the choices are, and they're 6 unpleasant because we've got to make those 7 choices, and that's some of the difficulty that 8 I had with Senator Cook's bill and Senator 9 LaValle's bill on school financing. Let's get 10 away from the real property tax without really 11 biting the bullet and making the tough decisions 12 of how you're going to raise the money which is 13 needed for education and other governmental 14 services. 15 I think we've got excellent 16 committees in this house. We've got members 17 that are willing to work. Hopefully, we've got 18 members that are willing to make the tough 19 decisions. Let's not set up for another 20 commission. Let's not put off the obligation 21 that we have to deal with what is a very, very 22 serious problem in this state and that's the 23 rising real estate taxes. For those reasons, I 7012 1 would urge a no vote on this bill. 2 ACTING PRESIDENT SPANO: Senator 3 Dollinger. 4 SENATOR DOLLINGER: Mr. 5 President, I rise to follow Senator Leichter, 6 although I will dispute one thing. I think 7 there are a lot of bright people in this 8 chamber, Senator Leichter, but I think there are 9 also a lot of bright people on school boards, 10 people who are out making those decisions day to 11 day about whether real property taxes are the 12 proper way to pick up the shortfall between the 13 state's support for education and the local 14 support for education, and my feeling is that 15 there's tons of data, tons of information, tons 16 of input from local school board people. 17 I probably will end up voting for 18 this commission again but we're reinventing the 19 wheel time and time and time again. If we 20 wanted to know what the wheel is, there's lots 21 of people who can tell us how round it is and 22 where the spokes fit and they're found in local 23 school boards and we ought to be listening to 7013 1 them. 2 ACTING PRESIDENT SPANO: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SPANO: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 54, nays 2, 10 Senators Leichter and Spano recorded in the 11 negative. 12 ACTING PRESIDENT SPANO: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1473, by Senator Levy, Senate Bill Number 1304, 16 an act to restore funds to school districts. 17 SENATOR PRESENT: Lay it aside, 18 please. 19 ACTING PRESIDENT SPANO: Lay it 20 aside temporarily. 21 THE SECRETARY: Calendar Number 22 1480, by Senator Present, Senate Bill Number 23 7117, an act to amend the County Law. 7014 1 ACTING PRESIDENT SPANO: Read the 2 last section. 3 Senator Leichter. 4 SENATOR LEICHTER: Lay it aside 5 temporarily. 6 ACTING PRESIDENT SPANO: Lay it 7 aside temporarily. 8 THE SECRETARY: Calendar Number 9 1483, substituted earlier today, by member of 10 the Assembly Vitaliano, Assembly Bill Number 11 10245-A, an act to amend the Education Law. 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 56. 20 ACTING PRESIDENT SPANO: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1485, by Senator Marino, Senate Bill Number 7015 1 7245, proposing an amendment to the 2 Constitution. 3 SENATOR CONNOR: Explanation. 4 SENATOR PRESENT: Lay it aside 5 temporarily. 6 ACTING PRESIDENT SPANO: Lay it 7 aside temporarily. 8 THE SECRETARY: Calendar Number 9 1490, by Senator Tully, Senate Bill Number 10 7802-A, an act to amend the Public Health Law. 11 SENATOR CONNOR: Explanation. 12 ACTING PRESIDENT SPANO: Senator 13 Tully. 14 SENATOR TULLY: Yes, Mr. 15 President. This bill is a result of three-way 16 negotiations and agreed upon by all the 17 parties. The bill protects and improves the 18 health of the children in New York State by 19 reducing barriers to and improving the 20 availability to appropriate immunization for 21 vaccine-preventable diseases. 22 ACTING PRESIDENT SPANO: Senator 23 Connor. 7016 1 SENATOR CONNOR: Yes, Mr. 2 President. Just a quick question, if Senator 3 Tully would yield. 4 ACTING PRESIDENT SPANO: Senator 5 Tully yields. 6 SENATOR TULLY: Yes, I will, Mr. 7 President. 8 SENATOR CONNOR: Senator, I 9 followed this legislation and I see where the - 10 in an: "A" print, and I was just wondering 11 whether any consideration was given to 12 implementing a bulk purchase program in order to 13 reduce the cost of this program. 14 SENATOR TULLY: Yes -- Mr. 15 President. That's a good question. It was 16 discussed. Unfortunately, there wasn't enough 17 time to delve into it and the agreement, 18 therefore, was that we would have an advisory 19 committee instead. 20 SENATOR CONNOR: Mr. President, a 21 further question, if the Senator would yield. 22 SENATOR TULLY: I will, Mr. 23 President. 7017 1 ACTING PRESIDENT SPANO: The 2 Senator yields. 3 SENATOR CONNOR: Thank you, 4 Senator. 5 Is this task force under any 6 deadline to make its report with regard to the 7 advisability of bulk purchase? 8 SENATOR TULLY: Preliminary 9 report, Mr. President, May 1st, 1995. 10 SENATOR CONNOR: Thank you, Mr. 11 President. 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 56. 20 ACTING PRESIDENT SPANO: The bill 21 is passed. 22 Senator Present. 23 SENATOR PRESENT: Can we go back 7018 1 to 478? 2 ACTING PRESIDENT SPANO: Senator 3 Present, what was the Calendar Number? 4 SENATOR PRESENT: 478. 5 ACTING PRESIDENT SPANO: Calendar 6 478. The Secretary will read. 7 THE SECRETARY: On page 8, 8 Calendar Number 478, by Senator Saland, Senate 9 Bill Number 5881-D, an act to amend a chapter of 10 the laws of 1994. 11 SENATOR PRESENT: Mr. President. 12 ACTING PRESIDENT SPANO: Senator 13 Present. 14 SENATOR PRESENT: Is there a 15 message of necessity at the desk? 16 ACTING PRESIDENT SPANO: Yes, 17 there is. 18 SENATOR PRESENT: May I move that 19 we accept the message? 20 ACTING PRESIDENT SPANO: All 21 those in favor signify by saying aye. 22 (Response of "Aye".) 23 Opposed, nay. 7019 1 (There was no response.) 2 The message is accepted. Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SPANO: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 56. 10 ACTING PRESIDENT SPANO: The bill 11 is passed. 12 SENATOR DALY: Mr. President. 13 ACTING PRESIDENT SPANO: Senator 14 Daly. 15 SENATOR DALY: Would you - 16 Calendar Number 884, Print Number 27-G, would 17 you recommit Calendar Number 884, Print 27-G, 18 recommit, strike the enacting clause. 19 ACTING PRESIDENT SPANO: So 20 ordered. 21 THE SECRETARY: Calendar Number 22 1492, substituted earlier today, by member of 23 the Assembly Schimminger, Assembly Bill Number 7020 1 10868-A, an act to amend the Labor Law. 2 SENATOR GOLD: Last section. 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 56. 11 ACTING PRESIDENT SPANO: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1493, substituted earlier today, by member of 15 the -- by the Assembly Committee on Rules. 16 SENATOR GOLD: Lay it aside 17 temporarily. 18 ACTING PRESIDENT SPANO: Lay it 19 aside temporarily. 20 THE SECRETARY: Calendar Number 21 1494, substituted earlier today, by member of 22 the Assembly Christensen, Assembly Bill Number 23 9926-D, an act to amend the Insurance Law. 7021 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 ACTING PRESIDENT SPANO: Senator 9 Dollinger. 10 SENATOR DOLLINGER: To explain my 11 vote, Mr. President. 12 ACTING PRESIDENT SPANO: Senator 13 Dollinger, to explain his vote. 14 SENATOR DOLLINGER: Mr. 15 President, we have done a lot of work in the 16 upstate region and borders of Lake Ontario 17 regarding the flood issue, especially in the 18 wake of the flooding last spring, and I think 19 this is a good bill that requires the insurers 20 to provide notices to home owners for the 21 inclusion in the national flood insurance 22 program. 23 I would simply point out that 7022 1 most of the damage that was caused in Lake 2 Ontario in the flood plain last year was not due 3 to actual flooding conditions, it was due to 4 waive-induced damages because of high water, and 5 it turns out it wasn't covered by the federal 6 flood insurance program. It's a project that we 7 have been working on to try to get the federal 8 government to pick up that cost when the water 9 level is high in the lakes, and it's simply wave 10 damage. It's still an issue in dispute. We 11 have been working on it, but I think this is a 12 good bill to provide that notice, and I commend 13 the sponsor for doing so. 14 ACTING PRESIDENT SPANO: Senator 15 Dollinger in the affirmative. Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 56. 18 ACTING PRESIDENT SPANO: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1498, by Senator Lack, Senate Bill Number 22 8187-C, an act to amend the Penal Law. 23 ACTING PRESIDENT SPANO: Read the 7023 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SPANO: Call the 5 roll. 6 SENATOR PRESENT: Lay it aside. 7 ACTING PRESIDENT SPANO: Lay it 8 aside. 9 SENATOR PRESENT: Call it back. 10 ACTING PRESIDENT SPANO: The 11 Secretary will read Calendar 1498. 12 THE SECRETARY: Calendar Number 13 1498, by Senator Lack, Senate Bill Number 14 8187-C, an act to amend the Penal Law. 15 ACTING PRESIDENT SPANO: Read the 16 last section. 17 THE SECRETARY: Section - 18 SENATOR LACK: Mr. President. 19 ACTING PRESIDENT SPANO: Senator 20 Lack. 21 SENATOR LACK: Thank you, Mr. 22 President. 23 I won't take too much time on 7024 1 this day, but I do want to say a couple words 2 about this bill that we are about to pass. 3 Approximately six months ago in 4 Suffolk County, posters started to appear like 5 the one I'm holding in my hand saying "Is this 6 man a child molester or a pedophile?" The man 7 in question is a Suffolk County Family Court 8 judge. Thereafter, distributed in his synagogue 9 were further pamphlets saying $500 reward for 10 any information leading to the proof of 11 allegations of child molestation and child 12 pornography against this person. 13 For another Suffolk County Family 14 Court judge, the judge started getting phone 15 calls every day. "We know where your child - 16 your children go to school. You're not deciding 17 cases against fathers right. We're going to 18 keep watching where your children go to 19 school." 20 Another judge who's been a judge 21 for 25 years, flyers started to appear in his 22 community, "This judge takes bribes. What are 23 you going to do about it?" No one, of course, 7025 1 is saying that they distributed these flyers, 2 but after these flyers had been distributed, lo 3 and behold, a group called Family Advocates, 4 which is a fathers' rights group started 5 saying, well, since there are questions about 6 those judges, these judges should all be 7 investigated and they make lousy decisions. 8 They don't decide for fathers. 9 This is operant, absolutely 10 operant. This has led to my introduction and 11 our consideration today of Senate 8187-C, 12 modeled after a federal statute to establish a 13 felony for influencing or injuring a judge, 14 prosecutor, attorney or juror or a witness, and 15 we would make it a class D felony. 16 My reason for taking the time on 17 the floor today to explain this is that the 18 Assembly seems to have some problems about 19 putting a Penal Law violation in to handle this 20 type of conduct on influencing a judge. I 21 cannot tell you how strongly that I feel this 22 should be a part of our Penal Law, and in an 23 unusual step, the new administrative judge of 7026 1 Suffolk County, Justice Mary Warner, a Democrat, 2 I might add, and the first Democrat 3 administrative judge in Suffolk County in recent 4 memory, if probably not this century, has 5 strongly endorsed this piece of legislation as 6 has Suffolk County District Attorney James 7 Catterson, a Republican, the Suffolk County Bar 8 Association and anybody, any attorney who has 9 looked at what has happened to these judges who 10 are only trying to do their judicial job, their 11 judicial duty and work, quite frankly, on behalf 12 of all people, I would strongly hope that before 13 this day is over, the Assembly would take 14 another look at this piece of legislation, take 15 another look at how justice is carried out these 16 days in Suffolk County and enact this model 17 legislation, this already extant federal law and 18 make it the law of the state of New York so it 19 can apply not only to federal judges in the 20 state of New York but to state judges as well. 21 SENATOR GOLD: Will the Senator 22 yield to a question? 23 SENATOR LACK: Yes, Senator Gold. 7027 1 ACTING PRESIDENT SPANO: Senator 2 Lack yields. 3 SENATOR GOLD: Senator, the first 4 document that you had that you said these 5 posters -- what does it actually say on these 6 posters? 7 SENATOR LACK: "Is this man a 8 child molester or a pedophile?" 9 SENATOR GOLD: All right. So 10 what I don't understand, Senator, is the 11 language of the bill I'm looking at talks about 12 by threat or force, any threatening letter or 13 communication. How would that poster fit under 14 this language? 15 SENATOR LACK: Well, it's a 16 poster that's in effect in a letter form. It's 17 been sent out to the community. 18 SENATOR GOLD: Assume it was a 19 letter. 20 SENATOR LACK: What? 21 SENATOR GOLD: Assume it was a 22 letter. 23 SENATOR LACK: It says if any - 7028 1 by force or by any threatening letter, 2 communication to impede any judge -- the man in 3 question is a judge. 4 SENATOR GOLD: Yeah, but where is 5 the threat? I don't understand the threat. I 6 mean, I'm not sailing that the bill is not a 7 good idea. I just don't know how that poster 8 would affect it even if this is the law. 9 SENATOR LACK: The threat, 10 Senator Gold, is contained in the body of the 11 poster in terms of how the judge conducts his 12 business as a judge, the way he makes his 13 decisions, et cetera and, in effect, he 14 shouldn't be a Family Court judge because he's a 15 pedophile and you shouldn't allow him to 16 influence anything; would you want your child 17 with him, et cetera. 18 SENATOR GOLD: Well, Mr. 19 President, on the bill. 20 ACTING PRESIDENT SPANO: Senator 21 Gold, on the bill. 22 SENATOR GOLD: Senator Lack, I 23 believe that judges and the people covered by 7029 1 your bill should have protection, and I'm going 2 to vote for the bill, but unless I'm missing 3 something, I don't think that the passage of 4 this bill can stop that poster. If somebody 5 puts out a poster and asks whether or not 6 someone has any information or -- in my opinion, 7 that's not a threat. Its not a force. I don't 8 -- I don't think it fits under your bill, so I 9 mean all I'm saying to you is, I certainly think 10 these people deserve some protection and I think 11 I'm going to support the bill unless I hear 12 anything different which I haven't heard, but I 13 really don't think that this bill stops that 14 poster. 15 SENATOR LACK: I understand, 16 Senator Gold, but it's the Suffolk County 17 District Attorney as well as my office has 18 reviewed it, and they feel that the elements of 19 the crime set forth should cover the types of 20 situations that have been going on in Suffolk 21 County if, indeed, it were the law of the state. 22 SENATOR GOLD: Will you yield to 23 one more question? 7030 1 SENATOR LACK: Sure. 2 SENATOR GOLD: You said the 3 Suffolk County District Attorney. Who is that? 4 SENATOR LACK: James Catterson. 5 SENATOR GOLD: Wasn't he once 6 counsel to a legislative leader here? 7 SENATOR LACK: Yes, sir. 8 SENATOR GOLD: Very bright man. 9 ACTING PRESIDENT SPANO: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SPANO: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 57. 17 ACTING PRESIDENT SPANO: The bill 18 is passed. 19 Senator Present. 20 SENATOR PRESENT: Take up 1379, 21 please. 22 ACTING PRESIDENT SPANO: The 23 Secretary will call Calendar 1379. 7031 1 THE SECRETARY: Calendar Number 2 1379, by Senator Nozzolio, Senate Bill Number 3 8648-A, an act to amend the Election Law. 4 ACTING PRESIDENT SPANO: Senator 5 Present. 6 SENATOR PRESENT: Mr. President, 7 is there a message of necessity at the desk? 8 ACTING PRESIDENT SPANO: Yes, 9 there is. 10 SENATOR PRESENT: I move that we 11 accept the message. 12 ACTING PRESIDENT SPANO: All 13 those in favor of accepting the message signify 14 by saying aye. 15 (Response of "Aye".) 16 Opposed, nay. 17 (There was no response.) 18 The message is accepted. 19 Senator Connor. 20 SENATOR CONNOR: Explanation has 21 been requested. 22 ACTING PRESIDENT SPANO: Senator 23 Nozzolio, an explanation on Calendar 1379. 7032 1 SENATOR NOZZOLIO: Thank you, Mr. 2 President. 3 My colleagues, the measure before 4 us changes the presidential primary day that - 5 I would be glad to entertain any questions. 6 SENATOR CONNOR: Thank you. 7 Will the Senator yield for a 8 question? 9 SENATOR NOZZOLIO: Certainly. 10 SENATOR CONNOR: Thank you, 11 Senator. 12 Senator, my one concern, and I 13 wish you could address it is as we discussed - 14 you may not have been there, but in Rules the 15 other day, I certainly support changing this 16 primary date, but what we've done here is change 17 the date of the primary in the permanent law 18 which was adopted for the '76 election and, as 19 you know, we usually do -- every year since 20 then, in fact, have done a calendar bill that 21 shifts the other offices, state committee, 22 county committee and district leaders, to the 23 September primary, and my question is, is there 7033 1 a commitment to do that for the next 2 presidential cycle? 3 SENATOR NOZZOLIO: Mr. President, 4 there is a commitment, and that it is an effort 5 that will be entertained, although certainly we 6 can't bind future Legislatures, but it is the 7 intention of this legislator, that the calendar 8 would be taken up as it normally is and those 9 changes would be made next year. 10 SENATOR CONNOR: Thank you, 11 Senator. On the bill. 12 ACTING PRESIDENT SPANO: Senator 13 Connor, on the bill. 14 SENATOR CONNOR: This is 15 obviously a very good idea to put New York in 16 the forefront with respect to both political 17 parties' selection of presidential candidates. 18 The concern I raised, which I think all of the 19 members here can appreciate, is that it's just 20 not good public policy to have district leaders, 21 county committee members and other party 22 officials not related to the presidential 23 selection process running in March when other 7034 1 officials, for example, Senators and Assembly 2 members, have to run in a September primary. It 3 just doesn't make sense and I am glad to hear 4 that this house -- and I've spoken to people in 5 the other house -- intend, should enough of us 6 all be re-elected, to address that issue in the 7 coming year. 8 ACTING PRESIDENT SPANO: Senator 9 Nozzolio. 10 SENATOR NOZZOLIO: Yes, Mr. 11 President. 12 I rise to ask my colleagues to 13 accept this bill, to place New York again in the 14 forefront of the decision-making process in the 15 presidential primaries. 16 I, for one, have resented the 17 fact that states less than the size of Erie 18 County have made decisions for the selection of 19 presidents before New Yorkers have, and that in 20 many cases, primary candidates have dropped out 21 in the past presidential primaries before New 22 Yorkers have even had the opportunity to select 23 a candidate of their choice. This is of both 7035 1 political parties. The presidential primary now 2 will be placed earlier enough in the 3 presidential schedule to give New Yorkers 4 adequate voice in the selection process and, as 5 such, I urge adoption of the legislation. 6 ACTING PRESIDENT SPANO: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT SPANO: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 57. 14 ACTING PRESIDENT SPANO: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1500, by Senator Skelos, Senate Bill Number 18 8233-A, authorize the town of Hempstead to lease 19 certain lands. 20 ACTING PRESIDENT SPANO: Home 21 rule message is at the desk. 22 SENATOR GOLD: Hold on. 23 ACTING PRESIDENT SPANO: Senator 7036 1 Skelos. 2 SENATOR SKELOS: Senator Galiber, 3 this legislation would permit the town of 4 Hempstead to lease a municipally-owned beach 5 club facility to a private operator for no more 6 than 20 years, and it would be subject to local 7 referendum. 8 SENATOR GALIBER: Senator, if - 9 I know it would be difficult for you to answer 10 this question, but do you have any idea what 11 this land would go for, how would be -- the 12 measurement is the market value? Is it some 13 other criteria? 14 SENATOR SKELOS: It would be fair 15 market value. 16 SENATOR GALIBER: Fair market 17 value? 18 On the bill, and my concern, 19 Senator, we have a practice here in the state, 20 unfortunately, where the Department, DOT has a 21 certain property that they've acquired and 22 they're now going through the process of leasing 23 that property out to private developers, and we 7037 1 had an incident in our jurisdiction -- I know of 2 your concern, you certainly would not want it to 3 happen out in your area -- where during the 4 course of negotiations, what has actually 5 happened -- and I mentioned this at Commissioner 6 Egan's confirmation here on the floor, that what 7 happened out in Bronx County or down in Bronx 8 County may very well happen in your 9 jurisdiction, that as they negotiated the lease, 10 they're just about giving the property away. 11 A fellow down -- who should 12 remain nameless, but a noted developer has 13 gotten a 99-year lease in the rail yards which 14 caused some other problems, but the fact of the 15 matter is that he got this acreage very, very 16 cheap, we almost gave it away, so I may bring 17 this for the record to your attention because 18 certainly I would not and you would not want 19 under the guise of fair market price, depending 20 on who's negotiating, that this 20-year lease 21 that may be very good for your community in 22 terms of development and plus some other 23 benefits might be -- find themselves in a 7038 1 position where they're just giving away lands 2 for the development. 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 57. 11 ACTING PRESIDENT SPANO: The bill 12 is passed. 13 SENATOR OPPENHEIMER: Mr. 14 President. 15 ACTING PRESIDENT SPANO: Senator 16 Oppenheimer. 17 SENATOR OPPENHEIMER: I would 18 like unanimous consent to be in the negative on 19 310. 20 ACTING PRESIDENT SPANO: Without 21 objection. 22 THE SECRETARY: Calendar Number 23 1505, by Senator Wright, Senate Bill Number 7039 1 8374-A, an act in relation to the computation of 2 the indirect component of the basic 3 reimbursement rate. 4 SENATOR GOLD: Hold on one 5 second. 6 ACTING PRESIDENT SPANO: Senator 7 Gold. 8 SENATOR GOLD: Can we lay this 9 aside temporarily for Senator Leichter, maybe 10 for about five minutes? 11 SENATOR PRESENT: Lay it aside 12 temporarily. 13 ACTING PRESIDENT SPANO: Lay it 14 aside temporarily. 15 THE SECRETARY: Calendar Number 16 1506, by Senator Tully, Senate Bill Number 8395, 17 an act to amend the Public Health Law. 18 SENATOR GOLD: Hold on. 1506? 19 Yeah, again, if we could just have five minutes, 20 Senator Tully, on this. 21 ACTING PRESIDENT SPANO: Lay it 22 aside temporarily. 23 THE SECRETARY: Calendar Number 7040 1 1513, by Senator Seward, Senate Bill Number 2 8632-A, an act to amend the Public Service Law. 3 SENATOR GOLD: Yeah. Would the 4 Senator just yield to a question? 5 ACTING PRESIDENT SPANO: Senator 6 Seward? Senator Seward yields. 7 SENATOR SEWARD: Yes. 8 SENATOR GOLD: Senator, I asked a 9 question in Rules, and maybe you can clarify 10 that here. It deals with video conferencing, 11 and essentially, the idea, I find unoffensive, 12 but, Senator, the fiscal note says there is no 13 cost. Now, what I didn't understand and some 14 others didn't understand is how do you start 15 from nothing, obtain all of this video 16 conferencing equipment, have it all put in place 17 and then tell someone the state of New York is 18 not going to pay for it? I mean, there's got to 19 be a cost factor. 20 I mean, PSC has basically said 21 they cannot support the bill because they don't 22 have the money to do the purchasing. Now, how 23 do I give them any answers? 7041 1 SENATOR SEWARD: Well, Senator, I 2 would respond by saying that it's certainly our 3 goal here -- one of our goals of the video 4 conferencing, in addition to some of the energy 5 saving aspects, but also it is a cost savings 6 measure because of less travel requirements and 7 reimbursement for travel and those sorts of 8 things. 9 I believe that there would not be 10 a negative impact fiscally, because the savings 11 involved would offset whatever cost there would 12 be associated with equipment purchases. 13 SENATOR GOLD: Would the Senator 14 yield to a question? 15 SENATOR SEWARD: Certainly. 16 SENATOR GOLD: Senator, I believe 17 that your comment is a very sincere comment and 18 it may be that, if we have the video 19 conferencing as an experiment, that there might 20 be a savings, and then if that happened, we 21 would have that money. We could use it next 22 year or whatever, but without knowing what it's 23 going to do, how do you tell a department or a 7042 1 commission to put the program in, spend the 2 money they don't have to buy the equipment, they 3 can't even get it started. 4 So what I'm saying to you, it 5 would seem to me to make more sense as they've 6 indicated, to give them the money, let them buy 7 the equipment, then they have the equipment, you 8 got the program, and if it saves monies, maybe 9 we'll use it in other places also. 10 SENATOR SEWARD: Well, Senator, 11 if that is a perceived problem -- and I do 12 question that, but if that's a problem, the 13 legislation would not require them to 14 immediately purchase the equipment and, in fact, 15 they would be reporting to us some time next 16 year in terms of their experience. So, 17 actually, we could get into another fiscal year 18 if that is a problem. 19 SENATOR GOLD: Mr. President, on 20 the bill. 21 ACTING PRESIDENT SPANO: Senator 22 Gold, on the bill. 23 SENATOR GOLD: Mr. President, 7043 1 there are a number of situations that are coming 2 out of Rules now and, in all fairness, I think 3 that they set terrible precedents. 4 This bill is not -- by far is not 5 the most expensive of those alternatives, but we 6 have a budget. We passed a budget, and now 7 we're getting one-house bills. I understand 8 there is no companion in the Assembly. The 9 Governor has a program where he is going to try 10 to have this established on a voluntary basis 11 with money for the '95-96 year, but to put out 12 bills at this point that are one-house bills 13 that exceed the budget, I think ruins any 14 credibility the Republican Party has in this 15 state, in the Senate, as to being fiscally 16 responsible, and so I'm going to vote against 17 the bill. The Department -- the commission 18 says, please vote against it. If you give them 19 the money, they'll try it, but without the 20 money, it's an irresponsible thing bill. 21 ACTING PRESIDENT SPANO: Read the 22 last section. 23 THE SECRETARY: Section 2. This 7044 1 act shall take effect immediately. 2 ACTING PRESIDENT SPANO: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 56, nays 1, 6 Senator Gold recorded in the negative. 7 ACTING PRESIDENT SPANO: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1516, by Senator Cook, Senate Bill Number 8683, 11 an act to amend of the Judiciary Law. 12 ACTING PRESIDENT SPANO: Senator 13 Dollinger. 14 SENATOR DOLLINGER: Mr. 15 President, would the sponsor yield to a 16 question? 17 ACTING PRESIDENT SPANO: Senator 18 Cook, would you yield to a question? Senator 19 Cook yields. 20 SENATOR DOLLINGER: My question, 21 Senator, is the estimated cost is $40,000? 22 SENATOR COOK: $400,000. 23 SENATOR DOLLINGER: $400,000. In 7045 1 the initial -- at least in the memo that I have 2 accompanied it says $40,000. 3 SENATOR COOK: I'm sorry. 4 SENATOR DOLLINGER: The only 5 reason I asked is because we have been working 6 to try to get a Family Court judge for Monroe 7 County, and the estimate we had was about 450 8 to $500,000 and I was wondering how you could 9 get one so inexpensively. 10 SENATOR COOK: Apparently it's a 11 misprint, Senator. $400,000. 12 SENATOR DOLLINGER: $400,000. 13 Thank you, Mr. President. 14 ACTING PRESIDENT SPANO: : Read 15 the 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 57. 22 ACTING PRESIDENT SPANO: The bill 23 is passed. 7046 1 SENATOR STAVISKY: Mr. President. 2 ACTING PRESIDENT SPANO: Senator 3 Stavisky. 4 SENATOR STAVISKY: Would it be 5 possible to move to reconsider the vote by which 6 1498 passed? 7 ACTING PRESIDENT SPANO: 1498 is 8 out of the house, Senator Stavisky. 9 SENATOR STAVISKY: I would like 10 to explain my vote. 11 ACTING PRESIDENT SPANO: Senator. 12 SENATOR STAVISKY: I believe that 13 this legislation does a disservice to groups and 14 individuals - 15 SENATOR PRESENT: May I 16 interrupt? 17 SENATOR STAVISKY: Yes. 18 SENATOR PRESENT: Mr. President, 19 to follow procedure, would you ask for unanimous 20 consent? You'll get it, I'm sure. 21 SENATOR STAVISKY: I shall. 22 Without objection, may I, with unanimous 23 consent, ask for reconsideration of the vote by 7047 1 which 1498 passed this chamber? 2 SENATOR PRESENT: You want to 3 make a statement? 4 SENATOR STAVISKY: Yes, I would 5 like to make a statement. 6 ACTING PRESIDENT SPANO: Without 7 objection, Senator Stavisky, to make a 8 statement. 9 SENATOR STAVISKY: Mr. President, 10 there are many groups of crime victims who have 11 been concerned that important segments of the 12 criminal justice system have gone to sleep. 13 They've often found that when their rights are 14 involved, there is almost no effort made to 15 provide proper remedies. 16 Automobile theft is one case in 17 point where New York State has had as many as 18 168,000 cases of car theft in a single year, yet 19 barely 200 people have been convicted of 20 felonies and are serving time in New York State 21 correctional facilities. 22 The rights of the people to 23 express their views to executive or the 7048 1 legislative or the judicial branch of government 2 should be respected, and I believe that this 3 piece of legislation does a grave disservice to 4 groups that wish to have court monitoring and 5 wish to have the criminal justice system aware 6 of the fact that crime victims as well as 7 criminal defendants have rights in this state, 8 and that has not been uniformly the practice in 9 many parts of the state. 10 So I think that there is an 11 ill-conceived piece of legislation. The sponsor 12 may have good reason in his county for the 13 request for this legislation, but I must tell 14 you, my constituents have witnessed case after 15 case where criminals have been plea bargained 16 down from felonies to misdemeanors and they've 17 been released with time served and put on 18 probation and they go right out and they steal 19 other people's cars. I don't think that should 20 happen in any county of New York State, but it 21 is happening increasingly where unilaterally our 22 state's Penal Law has been repealed by 23 prosecutors and judges who don't care about 7049 1 enforcing the existing provisions of law. 2 For this reason, because I wish 3 to protect of the rights of aggrieved citizens 4 and others who wish to have court monitoring so 5 all branches of government, judicial, as well as 6 executive and legislative, can know when 7 something is wrong, that the public has a right 8 to be present and to state that something is 9 wrong and to monitor those court cases, and I 10 think the approval of this bill in its present 11 form is a mistake. 12 Accordingly, I wish to be 13 recorded in the negative on that bill. 14 ACTING PRESIDENT SPANO: Senator 15 Stavisky, would you like to have the record 16 indicate that you would like to be recorded in 17 the negative on this bill? 18 SENATOR STAVISKY: In the 19 negative on that bill. 20 ACTING PRESIDENT SPANO: Without 21 objection. Regular order. 22 THE SECRETARY: Calendar Number 23 1517, by Senator Bruno, Senate Bill Number 8686, 7050 1 an act to amend of the Civil Service Law. 2 SENATOR SMITH: Explanation. 3 SENATOR PRESENT: Lay it aside 4 temporarily. 5 ACTING PRESIDENT SPANO: Lay it 6 aside temporarily. 7 Senator Present. 8 SENATOR PRESENT: Senator, I 9 would like to advise the members as we go 10 through the calendar, if they are not in here to 11 answer questions and explain their bills, we may 12 not return to that particular calendar number, 13 and I hope that the staff who's listening and 14 their members are not here, those members are 15 listening, report to the chamber if they have a 16 bill on the calendar to defend or answer 17 questions relative to their bill. If not, we 18 may not return to it. 19 ACTING PRESIDENT SPANO: The 20 point is well taken, Senator Stafford. Please, 21 all those in -- Senator Present, I'm sorry, I do 22 it to you all the time -- ask those members to 23 please be in the chamber, especially those 7051 1 members who have bill on the active list to be 2 here to debate your bill. 3 Senator Stavisky. 4 SENATOR STAVISKY: Is it my 5 understanding that Calendar Item 1473 has also 6 passed in this house? 7 ACTING PRESIDENT SPANO: Yes. 8 SENATOR STAVISKY: Without 9 objection, may I be recorded in the negative? 10 I'm sorry, it has not come up. 11 ACTING PRESIDENT SPANO: 1473 has 12 not yet been passed. 13 SENATOR STAVISKY: Thank you. 14 ACTING PRESIDENT SPANO: Senator 15 Present. 16 SENATOR PRESENT: Calendar 420. 17 ACTING PRESIDENT SPANO: 18 Secretary will read Calendar 420. 19 THE SECRETARY: Calendar Number 20 420, by the Assembly Committee on Rules, 21 Assembly Bill Number 11950-A, an act to amend 22 the State Administrative Procedure Act. 23 SENATOR GOLD: Hold up. 7052 1 SENATOR LEICHTER: Could you read 2 the last section? I'm going to explain my vote 3 on the bill. I'm sorry, hold it. 4 ACTING PRESIDENT SPANO: Senator 5 Gold. 6 SENATOR GOLD: Last section, and 7 I believe Senator Leichter wants to - 8 ACTING PRESIDENT SPANO: Read the 9 last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect October 12th, 1994. 12 ACTING PRESIDENT SPANO: Senator 13 Leichter, to explain his vote. 14 SENATOR LEICHTER: Mr. President, 15 while I appreciate an effort to try to simplify 16 administrative rules, if you take a look at the 17 bills, they often really make the administrative 18 process more cumbersome or require such actions 19 by the agencies that's probably going to delay 20 administrative proceedings and it's certainly 21 going to make them more expensive. 22 Now, in this particular bill, the 23 provisions that deal with how the agency shall 7053 1 consider job loss that may occur as a 2 consequence of a rule or regulation or some 3 other administrative action, just seems to me 4 obviously, that's something that the agency is 5 going to consider in the first instance, it's 6 going to look at, but what this bill requires is 7 rather extensive consideration of alternatives, 8 and so on. I assume if an alternative existed 9 in the first instance that was going to 10 accomplish the purpose of the rule without a job 11 loss, they would have done that, but it just 12 seems to me requiring setting forth things that 13 either are unnecessary or are cumbersome or 14 delay the process doesn't make administrative 15 procedures simpler. 16 And for this reason, Mr. 17 President, I think that many of the proposals 18 that have been put forward by the Majority 19 really don't accomplish the aim and purpose, and 20 I'm going to vote in the negative on this bill. 21 ACTING PRESIDENT SPANO: Senator 22 Leichter in the negative. Announce the results. 23 SENATOR WRIGHT: Mr. President. 7054 1 ACTING PRESIDENT SPANO: Senator 2 Wright, to explain his vote. 3 SENATOR WRIGHT: Mr. President, 4 to explain my vote. 5 This bill is a bill that passed 6 both houses last year and was vetoed by the 7 Governor, again passed this house earlier this 8 year and we have been working very closely with 9 the Assembly to come up with a reasonable 10 compromise to address the concerns voiced in 11 those vetos. 12 Unfortunately, all too often, the 13 regulatory impact statements do not, and I 14 repeat, do not address the job loss, and I think 15 we all recognize that in this economic climate 16 within the state of New York, there is a direct 17 correlation and that was documented by hearings 18 held throughout the state in the past year, a 19 direct correlation between the regulatory 20 environment of this state and the loss of jobs, 21 so this bill very specifically highlights the 22 job impact, specifically contains changes from 23 last year's bill to incorporate it in a single 7055 1 agency, ORMA, to rather than require the 2 oversight, require the input of DED and 3 Department of Labor so we've tried to address 4 those veto concerned but, at the same time, Mr. 5 President, we have very specifically focused on 6 the need to recognize job impact losses and for 7 that reason, I vote aye. 8 ACTING PRESIDENT SPANO: Senator 9 Wright, in the affirmative. Announce the 10 results. 11 THE SECRETARY: Ayes 56, nays 1, 12 Senator Leichter recorded in the negative. 13 ACTING PRESIDENT SPANO: The bill 14 is passed. 15 Senator Present. 16 SENATOR PRESENT: 1505. 17 ACTING PRESIDENT SPANO: The 18 Secretary will read Calendar 1505. 19 THE SECRETARY: Calendar Number 20 1505, by Senator Wright, Senate Bill Number 21 8374-A, an act in relation to the computation of 22 the indirect component of the basic 23 reimbursement rate received by Mercy Hospital. 7056 1 ACTING PRESIDENT SPANO: Senator 2 Leichter. 3 SENATOR LEICHTER: Yes, Mr. 4 President, to explain my vote. Senator 5 Wright - 6 SENATOR GOLD: Last section. 7 SENATOR LEICHTER: Did you read 8 the last section? I'm sorry. 9 ACTING PRESIDENT SPANO: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SPANO: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SPANO: Senator 17 Leichter, to explain his vote. 18 SENATOR LEICHTER: Yeah, Mr. 19 President, this - 20 ACTING PRESIDENT SPANO: Excuse 21 me, Senator Leichter, before you continue. Can 22 we get some order in the chamber? Can we please 23 hold back on the conversations in the rear of 7057 1 the chamber and some of the traffic in the 2 chamber? 3 Senator Leichter. 4 SENATOR LEICHTER: Right. Thank 5 you, Mr. President. 6 This bill involves a special help 7 for Mercy Hospital of Watertown, seems to be a 8 very good hospital, certainly necessary for the 9 people in that community. 10 Senator Wright explained to me 11 just how the efforts that have been made to help 12 this hospital which is a distressed hospital. I 13 certainly want to do that. I'm going to support 14 the bill, but I just want to point out that 15 throughout this state, we have hospitals that 16 have very serious problems and we try to address 17 that. 18 We have done a number of things, 19 the SLIPA Program, the Distressed Hospital 20 Program, but in spite of that, there are 21 hospitals that need special assistance 22 throughout this state, and we are going to have 23 to do this on a wholesale basis and for the 7058 1 whole state and not just for one hospital at a 2 time in this ad hoc manner. 3 I'm going to help this hospital 4 because it's important to the people, good 5 people in Watertown and northern New York State, 6 but we need to do this really for hospitals 7 throughout the state in rural areas, in the 8 inner city, suburban communities. 9 Thank you. 10 ACTING PRESIDENT SPANO: Senator 11 Leichter in the affirmative. 12 Senator Farley, to explain his 13 vote. 14 SENATOR FARLEY: I think Senator 15 Leichter is absolutely right. I'm going to 16 support this bill also, because this is the 17 hospital I was born in and so were my five 18 brothers. I think it's very worthy. 19 ACTING PRESIDENT SPANO: Announce 20 the results. Senator Farley in the 21 affirmative. Announce the results. 22 THE SECRETARY: Ayes 58. 23 ACTING PRESIDENT SPANO: The bill 7059 1 is passed. 2 Senator Present. 3 SENATOR PRESENT: Calendar 1506. 4 ACTING PRESIDENT SPANO: The 5 Secretary will read Calendar 1506. 6 THE SECRETARY: Calendar Number 7 1506, by Senator Tully, Senate Bill Number 8395, 8 an act to amend the Public Health Law. 9 ACTING PRESIDENT SPANO: Read the 10 last section. 11 Senator Leichter. 12 SENATOR LEICHTER: Mr. President, 13 I'm going to ask Senator Tully to yield, and I 14 do so with -- really with a pleasure to take the 15 opportunity to thank Senator Tully for really 16 the very significant contribution he has made in 17 the -- in really helping all the people of this 18 state to have access to better health care, and 19 he's really provided very, very important, very 20 helpful leadership and, Senator Tully, you know 21 I mean that, but on this particular bill, I 22 guess my question is, and I really haven't had a 23 chance to look at it, but we now have a special 7060 1 office of Medicaid fraud, office that deals, it 2 seems to be, with many of the issues that are 3 addressed in this bill and I just didn't -- I 4 just couldn't understand and see what we gain by 5 this bill. 6 SENATOR TULLY: Thank you, Mr. 7 President. 8 First, Senator Leichter, I thank 9 you very much for your most gracious comments 10 and they're well received, and I hope that 11 Senator Farley, by virtue of them, doesn't vote 12 against the bill as he jocularly indicated. 13 SENATOR FARLEY: Just kidding. 14 SENATOR TULLY: But the reality 15 is that the office you referred to has just been 16 created. Within the confines of this bill, we 17 have included in the council that's created the 18 Office of the Special State Prosecutor for 19 Medicaid Fraud Control who, as you know, is Mr. 20 Kurianski. 21 The thrust of the bill is to 22 recognize the fact that there is approximately 23 $6 billion in Medicaid fraud and abuse in this 7061 1 state and close to 70- to $80,000 in the 2 country. 3 We believe that through the 4 effectuation of this legislation, there would be 5 the capability to have interagency sharing of 6 resources and computer data bases which is why 7 we included the Superintendent of Insurance as 8 one of the members because there are numerous 9 health insurance companies out there today who 10 have developed data bases and computer systems 11 which preclude fraud in the most effective way 12 and they are not now currently available to our 13 system in the state nor to many of the other 14 providers. 15 We think that this development of 16 computer models in the health industry, in this 17 utilization of the council to bring together 18 this coordination will result in the saving of a 19 great deal of money for the people of this 20 state. 21 SENATOR LEICHTER: Thank you. 22 ACTING PRESIDENT SPANO: Read the 23 last section. 7062 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT SPANO: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 58. 7 ACTING PRESIDENT SPANO: The bill 8 is passed. 9 SENATOR PRESENT: Regular order. 10 ACTING PRESIDENT SPANO: Regular 11 order. 12 THE SECRETARY: Calendar Number 13 1524, by the Senate Committee on Rules, Senate 14 Bill Number 8727, authorizing the town of Greece 15 in the county of Monroe to discontinue the use 16 of a portion of McLoughlin Boulevard. 17 ACTING PRESIDENT SPANO: Home 18 rule message is at the desk. 19 Senator Dollinger. 20 SENATOR DOLLINGER: Mr. 21 President, I just rise to thank my colleagues on 22 the Rules Committee for this bill. 23 This addresses an issue in the 7063 1 town of Greece in its relationship with Eastman 2 Kodak Company, and I think there's a long 3 history and long tradition of the town of Greece 4 working in conjunction with Eastman Kodak 5 Company. 6 I know when I was a member of the 7 Monroe County Legislature, we negotiated a 8 special deal to handle the tax abatement 9 problems and the over-taxation problems, a deal 10 that I think has worked out well. I think this 11 is another step in the continuing close linkage 12 between one of my communities and our largest 13 employer, and I commend the members of the 14 Senate Rules Committee on all of those who have 15 been involved. 16 I had a briefing on this with 17 officials in the town of Greece several months 18 ago and I congratulate Eastman Kodak Company and 19 the Senate Majority, as well as everyone that's 20 been involved in this, including Assemblyman 21 Robach in the other house, for their work on 22 this very important piece of legislation. It's 23 a good sign. If there is a way that New York 7064 1 can continue to work with business, this is a 2 demonstration of this. 3 Thank you, Mr. President. I'll 4 be voting in the affirmative and urging all my 5 colleagues to do the same thing. 6 ACTING PRESIDENT SPANO: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT SPANO: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 58. 14 ACTING PRESIDENT SPANO: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1531, by Senator Cook, Senate Bill Number 8773, 18 an act directing the Commissioner of Health to 19 identify certain unresolved early intervention 20 program. 21 ACTING PRESIDENT SPANO: Senator 22 Cook, for an explanation. 23 SENATOR COOK: Mr. President, 7065 1 since the implementation of the early 2 intervention legislation, we have been receiving 3 a number of complaints or concerns expressed by 4 individuals across the state. I have a list of 5 those, a documentation of them. I'm not going 6 to stand here and name specific counties and 7 locations because I think that that might be 8 inappropriate, since after all they are only 9 complaints, not necessarily things that have 10 been adjudicated. 11 Nevertheless, the concerns that 12 have been expressed are widespread across the 13 entire state, and in discussions that we've had 14 with the Assembly and the Governor's office, it 15 appears that they as well have had similar kinds 16 of concerns expressed to them, that for a 17 variety -- apparently a variety of reasons. 18 The implementation of this law 19 has been very uneven from one county to another, 20 and that partially, it appears that it has been 21 the result of the Health Department not giving 22 clear and concise direction as to how the law is 23 to be implemented and, for that reason, this 7066 1 bill, for the most part, addresses itself to 2 clarifying exactly the responsibilities of the 3 state Health Department in delineating to the 4 counties clearly what their responsibilities are 5 under this law, and also makes some -- some 6 revisions relative to the reimbursement, two 7 specific things, one being that travel times 8 have not been adequately addressed. The 20 9 minutes that someone is allowed as reimbursable 10 travel time is not realistic, certainly in rural 11 communities, given the distances that often have 12 to be traveled and even in city areas, given 13 traffic problems, 20 minutes has not appeared to 14 be a realistic reimbursement. There's a 15 consequence of that and the other thing I'm 16 going to speak about in a minute or so. 17 We have some counties, 18 particularly rural counties, where the financial 19 viability of many of the providers has been 20 seriously undermined to the point where we, in 21 fact, appear to be in danger of actually losing 22 services totally in some counties where there 23 have been perhaps only one provider in the 7067 1 entire county. 2 The other thing that has not been 3 addressed adequately is the absenteeism issue. 4 A child with very severe developmental 5 disabilities may well be the child who is most 6 often absent by reason of problems that that 7 child is experiencing from day to day, and it 8 appears that those children, therefore, who have 9 the most severe disabilities are the ones who 10 most often are penalized, that is the provider 11 is most often penalized because of the lack of 12 flexibility relative to the -- to the 13 reimbursement on -- on absenteeism, so we direct 14 the Commissioner -- we don't change the formula 15 per se, but we direct the Commissioner to 16 revisit those issues so that we can ensure that 17 the providers are, in fact, available and that 18 we don't lose access to services particularly in 19 some of the more rural areas of the state which 20 we really are in danger of having happen right 21 now. 22 ACTING PRESIDENT SPANO: Senator 23 LaValle. 7068 1 SENATOR LAVALLE: Senator Cook, I 2 rise because Suffolk County has a number of 3 concerns on this legislation and it is, indeed, 4 very, very important legislation that I have 5 supported in the past and probably will support 6 this legislation before us, but I think that we 7 -- if I can ask you a few additional questions, 8 and one of the concerns that they have, and you 9 just talked about that in terms of the travel 10 time and the absenteeism component dealing with 11 the rate setting methodology, they have other 12 concerns that deal with the monthly capitated 13 rate for service coordination. They indicate 14 that the bill mandates a monthly capitated rate 15 for service coordination, and that they seem to 16 be a little troubled by this payment methodology 17 for service coordination. In their estimation, 18 they seem to feel that that's an inequitable 19 approach. Could you commit comment on that? 20 SENATOR COOK: Senator, the 21 problem that we have and is not specifically 22 unlike much of our difficulty with trying to 23 develop hospital reimbursement, the cost 7069 1 containment efforts that many people have been 2 embarked upon are being -- are really tending to 3 defeat the access. 4 I guess the only answer I can 5 give to you is that, indeed, that does increase 6 the costs, but that those costs do exist, and 7 that if you don't reimburse for the costs, then 8 you, in effect, have to take money out of the 9 program in order to cover the cost -- these 10 uncovered costs relative to coordination. 11 So I guess I'm saying that the 12 purpose of this portion of the bill is to make 13 sure that the coordination costs are adequately 14 funded so that we don't have to take funds out 15 of actual service provision in order to do that. 16 SENATOR LAVALLE: Senator, 17 another concern that they have is the case load 18 limit of 25 for the service coordinators. Is 19 this -- does this place a -- is this arbitrary 20 and inequitable, this figure? 21 SENATOR COOK: Senator, it is 22 arbitrary. We set, as you well know, in the 23 state -- state Education Department, Board of 7070 1 Regents sets limits on the number, for example, 2 of students that one teacher may supervise 3 within a school system, and the reason these 4 things are done is because you do have children 5 with special educational needs or special 6 handicaps, and even though that number is to a 7 degree arbitrary, it is what I would say a good 8 consensus of people who are familiar with the 9 kinds of services that have to be provided, that 10 in general, 25 is the maximum that one agency 11 can effectively handle, so it -- it is 12 arbitrary, but it's -- if you will, it's 13 arbitrary with -- with good information and good 14 advice. 15 SENATOR LAVALLE: Senator, 16 there's a provision in here that has a 17 retroactive implementation provision. Does that 18 -- does that affect rates in any way? 19 SENATOR COOK: Well, Senator, 20 yeah. The problem that we have, and I was 21 indicating earlier that we have some counties 22 that we're actually going to lose services, and 23 I would suggest that probably the given county 7071 1 which wrote this memorandum is not going to be 2 impacted by that, but there will be some 3 counties where some members of this -- this body 4 have talked to us that they, indeed, will need 5 that reimbursement if they're going to be able 6 to stay in business. 7 SENATOR LAVALLE: Thank you, 8 Senator Cook. 9 On the bill, Mr. President. I 10 appreciate very much Senator Cook answering 11 those questions, and I think sometimes we as 12 members need to raise some of these concerns, 13 but at the same time, I think the provisions and 14 intentions of this body, in creation of the 15 early intervention legislation really meets a - 16 an overall and important goal, and that is to 17 ensure that we are identifying people at the 18 earliest possible time getting them programs and 19 services, and in the long run, reducing the 20 overall cost to government, the overall cost to 21 society and, indeed, make people important and 22 contributing members of our society. 23 Sometimes, however, and I have 7072 1 been -- I have had the privilege of serving in 2 different capacities in this body with regard to 3 legislation for individuals with special needs 4 and, from time to time, the cost factor gets a 5 little away from us, and I raise these questions 6 today because I think it's important for the 7 providers to understand that we have, as a 8 matter of policy, a very good intent, a very 9 high purpose, but at the same time, we have a 10 fiscal responsibility to our taxpayers, to the 11 governments locally, that also have a 12 responsibility for the taxpayer, and as we move 13 forward on this legislation, I think we all have 14 an important responsibility to be vigilant about 15 these costs that the counties talk about in 16 terms of mandate, and ultimately, possibly 17 translating into higher real property taxes on 18 our people. 19 The providers should not throw 20 the baby out with the bath water by continuing 21 to have costs that have added that they cannot 22 document and cannot really show or meeting the 23 purpose that this body has, and that is to get 7073 1 services to individuals so that they can be 2 independent individuals. 3 So, Senator Cook, I'm going to, 4 on this occasion, continue to support this 5 legislation, but I hope that those people who 6 will be providing the services will do so ever 7 mindful that there's ultimately a person who has 8 to pay the bill and that's the taxpayer. 9 ACTING PRESIDENT SPANO: Senator 10 Cook. 11 SENATOR COOK: Mr. President, 12 thank you, Senator LaValle. 13 I think your questions have been 14 very helpful and I think your comments are also 15 very helpful as you did talk about the cost 16 factor. 17 Localities are put in a very 18 difficult situation by this law because, indeed, 19 it is mandated upon them. As you probably know 20 the history, originally there was something that 21 was done through the Family Court, and that's 22 the reason why counties get involved. It was 23 originally the physically handicapped children's 7074 1 program that was a Family Court program. 2 The -- this year -- in this 3 year's budget, we made the first step toward the 4 state assuming responsibility for this program, 5 and I think that is as it should be. Certainly 6 in the interim, we're going to have to require 7 the counties to fulfill their responsibilities, 8 but, indeed, it is a heavy burden that we are 9 all aware of. 10 The fact that we have now gone 11 from a 50/50 sharing to a 60/40 state sharing 12 and that, indeed, we are looking toward a 90/10 13 state sharing is, I think, a hopeful sign and 14 I'm pleased that we're able to make the first 15 step this year to get this reimbursement issue 16 off the table so that we can again focus upon 17 the needs of these children while at the same 18 time, as Senator LaValle has indicated, being 19 sure that the providers are -- are being 20 reimbursed appropriately which means that 21 they're getting enough but that they're not 22 getting more than they should be getting out of 23 the reimbursement. 7075 1 Thank you. 2 SENATOR JOHNSON: Mr. President. 3 ACTING PRESIDENT SPANO: Senator 4 Johnson. 5 SENATOR JOHNSON: As Senator 6 LaValle had spoken, I received the same memo 7 from my county opposing this bill and, of 8 course, the Association of Counties strenulously 9 opposes it, and I feel rather reticent to speak 10 about it since Senator Cook is my friend and I'm 11 sure he thinks he's doing the right thing. 12 However, this program for the 13 zero to two years and 11 months has been put in 14 place with some cost controls and with a 15 different method of evaluation and also in which 16 -- in which the presumption isn't that you must 17 use a center-based program but that you can use 18 other -- other sources of services delivered in 19 the home. It seems to be the most effective and 20 most satisfactory to the children and the 21 families in many cases, and what this is going 22 to do is try to force these people who are 23 getting the service at a lower rate into a 7076 1 center-based program which is going to be an 2 additional cost to the counties and a negative, 3 perhaps on the child who's being served. 4 My county has no problem with 5 this. In fact, they said there are going to be 6 more services than ever at a lower cost because 7 of the regimen which is the present law, that 8 they're going to throw out. It's going to be 9 referred to the old system which is in place for 10 the preschool handicapped three to five which 11 has been seriously criticized in my county by 12 the -- by the Suffolk County Grand Jury which 13 said essentially the evaluators are part of the 14 group that gives the service and they put 15 everybody in their program whether they need 16 that level of service or not, wasting a lot of 17 money. 18 In fact, I've introduced a bill, 19 S.4410-C, to provide independent evaluators for 20 the three to five. This bill is just going to 21 push this back and make this program just as 22 expensive and cumbersome, as the present program 23 which we're trying to reform. Even the state 7077 1 Comptroller criticized the program and the 2 expenses involved. So this is going to cost our 3 county a lot of money and it's not going to 4 provide better service, perhaps poorer service. 5 I understand there's a problem in 6 Allegany County, and Chenango -- Cattaraugus 7 County, rather, and if there's a problem in that 8 county and if they want to implement this 9 program, they should be free to do it, but they 10 shouldn't force this program on the rest of the 11 state, and certainly not in Suffolk County which 12 is really spending just under zero to two-11, 13 something like $40 million. So, frankly, I 14 can't support this bill. 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 55, nays 3, 23 Senators Johnson, Seward and Trunzo recorded in 7078 1 the negative. 2 ACTING PRESIDENT SPANO: The bill 3 is passed. 4 Senator Present. 5 SENATOR PRESENT: Calendar 1493. 6 ACTING PRESIDENT SPANO: The 7 Secretary will read Calendar 1493. 8 THE SECRETARY: Calendar Number 9 1493, substituted earlier today, by the Assembly 10 Committee on Rules, Assembly Bill Number 11 11481-A, an act to amend the Civil Service Law. 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 57, nays 1, 20 Senator Kuhl recorded in the negative. 21 ACTING PRESIDENT SPANO: The bill 22 is passed. 23 Senator Present. 7079 1 SENATOR PRESENT: 1351. 2 ACTING PRESIDENT SPANO: The 3 Secretary will read Calendar 1351. 4 THE SECRETARY: Calendar 1351, 5 Senator Stafford moves to discharge the 6 Committee on Rules from Assembly Bill Number 7 12025-A and substitute it for the identical 8 Third Reading 1351. 9 ACTING PRESIDENT SPANO: The 10 substitution is ordered. Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SPANO: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 59. 17 ACTING PRESIDENT SPANO: The bill 18 is passed. 19 Senator Present. 20 SENATOR PRESENT: 1480. 21 ACTING PRESIDENT SPANO: The 22 Secretary will read Calendar 1480. 23 THE SECRETARY: Calendar Number 7080 1 1480, by Senator Present, Senate Bill Number 2 7117, an act to amend the County Law. 3 ACTING PRESIDENT SPANO: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 SENATOR DOLLINGER: Explanation, 8 please. 9 ACTING PRESIDENT SPANO: Excuse 10 me. Senator Dollinger has asked for an 11 explanation. 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 this amends the present law provision to provide 15 for the support of cooperative extension 16 programs within the counties. 17 SENATOR DOLLINGER: Mr. 18 President, just if I might understand this, if 19 Senator Present would yield to one question. 20 SENATOR PRESENT: Sure. 21 ACTING PRESIDENT SPANO: Senator 22 Present yields. 23 SENATOR DOLLINGER: Is this the 7081 1 equivalent, Senator, of a maintenance of effort 2 for counties with respect to their Cooperative 3 Extension programs? 4 SENATOR PRESENT: Yes, it's based 5 upon the amount of contribution each county has 6 contributed within their county for that 7 program. 8 SENATOR DOLLINGER: But as I 9 understand it, again through you, Mr. President, 10 they must maintain a certain level of funding in 11 order to qualify for state funding. 12 SENATOR PRESENT: Right. 13 SENATOR DOLLINGER: Okay. Mr. 14 President, I have had discussions with the 15 Monroe County Executive through my staff and 16 he's opposed to the notion, but Cooperative 17 Extension is one of those areas where counties, 18 because of the fiscal difficulties that they 19 face, have had to reduce their costs. That's 20 one of the areas that Monroe County has looked 21 to and this would void the election by Monroe 22 County to reduce its costs in Cooperative 23 Extension. 7082 1 SENATOR PRESENT: No, it would 2 not. There's a save harmless provision so they 3 would not lose, others may gain based upon their 4 past three years' contributions. 5 SENATOR DOLLINGER: Okay. Well, 6 I think to be -- my concern for Monroe County is 7 based through the County Executive, as a former 8 member of the state Assembly. I'm going to vote 9 no on this basis, because it's his fear, at 10 least as he reads the bill, that it will 11 adversely impact his ability to work with cost 12 containment in the Cooperative Extension area. 13 Thank you. 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 56, nays 3, 22 Senators Dollinger, Jones and LaValle recorded 23 in the negative. 7083 1 ACTING PRESIDENT SPANO: The bill 2 is - 3 THE SECRETARY: (Cont'g) Also, 4 Senator Gold recorded in the negative. 5 ACTING PRESIDENT SPANO: The bill 6 is passed. 7 Senator Present. 8 SENATOR PRESENT: Mr. President, 9 can we return to reports of standing 10 committees? 11 ACTING PRESIDENT SPANO: The 12 Secretary will read. 13 THE SECRETARY: Senator Marino, 14 from the Committee on Rules, reports the 15 following bills directly for third reading: 16 Senate Bill Number 1076, by 17 Senator Onorato, an act to amend the Family 18 Court Act; 19 1715-A, by Senator Montgomery, 20 city of New York to reconvey its interest in 21 certain real property; 22 4301-A, by Senator Volker, Civil 23 Practice Law and Rules; 7084 1 5838, by Senator Padavan, General 2 Municipal Law; 3 6002-C, by Senator Espada, 4 Education Law; 5 6026-B, by Senator Marchi, 6 Navigation Law; 7 6341-A by Senator Nolan, City 8 Charter of the city of Cohoes; 9 6402, by Senator Velella, an act 10 to amend the judiciary law; 11 6417, by Senator Maltese, Vehicle 12 and Traffic Law; 13 6471, budget bill, New York State 14 Medical Care Facilities Finance Agency act; 15 6588, by Senator Maltese, Vehicle 16 and Traffic Law; 17 7014, by Senator Present, General 18 Municipal Law; 19 67284-A, by Senator Rath, town of 20 Batavia to establish a development facilitation 21 improvement district; 22 7680-A, by Senator Larkin, Real 23 Property Tax Law; 7085 1 7869-A, by Senator DeFrancisco, 2 an act to amend the Public Health Law; 3 7965, by the Committee on Rules, 4 an act to amend the Tax Law; 5 7988, by Senator Pataki, Criminal 6 Procedure Law; 7 8150-A, by Senator Kuhl, Private 8 Housing Finance Law; 9 8269-A, by Senator DeFrancisco, 10 Correction Law; 11 8297-A, by Senator Sears, County 12 Law; 13 8326, by Senator Trunzo, section 14 177(b) of the Retirement and Social Security 15 Law; 16 8394-A, by Senator Tully, Public 17 Health Law -- excuse me, 8394-B, by Senator 18 Tully, an act to amend the Public Health Law; 19 8409, by Senator DiCarlo, Vehicle 20 and Traffic Law; 21 8488, by Senator Nozzolio, Public 22 Authorities Law; 23 8543, by Senator Johnson, New 7086 1 York State Medical Care Facilities Finance 2 Agency act; 3 8564, by Senator Marchi, city of 4 New York to reconvey its interest in certain 5 real property; 6 8717, by Senator Saland, Chapter 7 524 of the Laws of 1987; 8 8815, by Senator Cook, Chapter 9 737 of the Laws of 1989; 10 8816, by Senator LaValle, 11 Education Law; 12 8821, by Senator Volker, an act 13 to amend the Education Law; 14 8822, by the Committee on Rules, 15 State Finance Law; 16 8823, by Senator Padavan, 17 Education Law; 18 8829, by Senator Skelos, 19 Education Law; 20 8854, by Senator LaValle, 21 Education Law; 22 8861, budget bill, Chapter 53 of 23 the laws of 1994; 7087 1 5521-A, by Senator Connor, city 2 of New York to reconvey its interest in certain 3 real property; 4 And 5021-C, by Senator Tully, an 5 act to amend the Public Health Law. 6 All bills reported directly for 7 third reading. 8 ACTING PRESIDENT SPANO: Without 9 objection, third reading. 10 Senator Present. 11 SENATOR PRESENT: Return to 12 motions and resolutions, and recognize Senator 13 Libous. 14 ACTING PRESIDENT SPANO: Okay. 15 Go back to motions and resolutions. 16 Senator Libous. 17 SENATOR LIBOUS: Thank you, Mr. 18 President. On behalf of Senator Trunzo, on page 19 47, I offer the following amendments to Calendar 20 Number 1279, Senate Print 8009, and ask that 21 said bill retain its place on the Third Reading 22 Calendar. 23 ACTING PRESIDENT SPANO: So 7088 1 ordered. 2 Senator Present. 3 SENATOR PRESENT: Mr. President. 4 Can we please stand at ease for a few moments to 5 catch up. 6 ACTING PRESIDENT SPANO: Senate 7 will stand at east. 8 (Whereupon, at 4:45 p.m., the 9 Senate was at ease. 10 (Whereupon, at 5:06 p.m., the 11 Senate reconvened.) 12 ACTING PRESIDENT SPANO: Senate 13 will come to order. 14 Senator Present. 15 SENATOR PRESENT: Take up 16 Calendar 1530. 17 ACTING PRESIDENT SPANO: 18 Secretary will read. 19 Can we please get some order in 20 the chamber. 21 Senator Present. 22 SENATOR PRESENT: Mr. President. 23 I understand we need a message on that. So 7089 1 we'll lay it aside. 2 ACTING PRESIDENT SPANO: Lay 3 aside 1530. 4 SENATOR PRESENT: How about 1485. 5 ACTING PRESIDENT SPANO: 6 Secretary will read Calendar 1485. 7 SENATOR GALIBER: Explanation. 8 THE SECRETARY: Calendar Number 9 1485, by Senator Marino, Senate Bill Number 10 7245, proposing an amendment to the 11 Constitution. 12 ACTING PRESIDENT SPANO: Senator 13 Stafford for an explanation. 14 May we please have some order in 15 the chamber. 16 SENATOR STAFFORD: Mr. 17 President. Due to the importance and the 18 complexity and the effect of this resolution, I 19 am going to read from my notes, which I very 20 seldom do, because usually that's the way to 21 lose everyone's attention. I will try not to. 22 But, Mr. President, this is a 23 resolution, concurrent resolution, which would 7090 1 result if other steps were followed in the 2 amendment to our Constitution, and we feel would 3 bring some fiscal stability to our state. 4 There is no question that it 5 would be a challenge. It will be a challenge 6 for us. But I think the people are asking us to 7 meet this challenge. 8 This resolution would enact a 9 constitutional amendment prohibiting the 10 submission of any appropriation bill and 11 prohibiting the Legislature from acting upon 12 such appropriation bill which authorizes total 13 state spending for any fiscal year in excess of 14 the State's spending limitation as defined 15 below. 16 And I will now explain what the 17 state spending limitation means. 18 The term "State spending 19 limitation" means the maximum amount of total 20 spending permitted for each fiscal year and 21 derived from multiplying state personal income 22 for the base year by 9 percent. 23 Now, in the event there are 7091 1 emergencies as established, appropriation bills 2 may be enacted which do exceed this limitation 3 as described above. 4 The bill also appeals provisions 5 of present law which establish a fund to aid in 6 the stabilization of tax revenues and enacts new 7 provisions relating to these matters. 8 As I say, Mr. President, we have 9 had this type of matter before us a number of 10 times, a number of my friends here have 11 sponsored legislation, sponsored resolutions, 12 and we submit this for passage and do urge its 13 passage. 14 ACTING PRESIDENT SPANO: Senator 15 Galiber. 16 SENATOR GALIBER: Senator, we 17 have obviously had this kind of legislation for 18 over a number of years, and usually it happens 19 that it passes this house and doesn't get much 20 further. 21 Perhaps some of the reasons for 22 that is this big question of tax expenditures. 23 This becomes a very crucial factor, and some on 7092 1 the one hand say we should include it. Others 2 say we should not include it. It's almost, as 3 my counsel has indicated, paradoxical. How can 4 we include a cap without including tax 5 expenditures. Is it possible to do so when 6 there is billions and billions of dollars 7 involved, first of off? 8 Second of all, we have attempted 9 through the years to do away with back-door 10 spending. We have been successful in setting up 11 procedures where we can -- not have to go out 12 into the marketplace and borrow the monies that 13 we talk about -- tax credits, and those who are 14 in a position as I mentioned the other day or 15 last night late, perhaps in the category of some 16 form of subsidies. 17 But however we deal with it, 18 these tax expenditures must of necessity be 19 taken into some formula, some sort of way. And 20 if you ask me do I have a suggestion, the answer 21 is no, I do not. But, certainly, if we want to 22 pass a Constitution -- lock this spending cap 23 into the Constitution, which I think basically 7093 1 some form we are all hopeful will pass some 2 day. 3 We had an appropriation this 4 year. I think the Governor talked about $62 5 billion as a proposed budget. We wind up with a 6 billion-point- over that. Was it 64? -- 63.6. 7 So, Senator, perhaps you can help 8 us out. And I, too, have a memo here, which 9 Senator Goodman, who is a fiscal expert in my 10 judgment -- and if you just ask him, he 11 certainly will tell you so. He indicates that 12 the tax expenditure reporting office will "give 13 us a better understanding of the true nature of 14 government spending by reporting on tax credits, 15 deductions and the like, as if they were items 16 of direct expenditure." He goes on to say, 17 "After all, giving someone a tax break is 18 tantamount to giving them a check from the state 19 treasury." And this is according to Senator 20 Goodman, author of the Tax Expenditure Reporting 21 Bill. 22 "Spending caps are aimed at 23 limiting the size and growth in government 7094 1 spending. They operate by employing a formula 2 determining the maximum level of government 3 spending," as you have pointed out. 4 "Tax expenditures under a 5 spending cap. What is the appropriation to 6 cover that particular area?" And we go on. 7 So there is this kind of mix; and 8 how can we ask to lock into the Constitution a 9 spending gap, and yet not being able to solve - 10 that's what it means to me and to you also I 11 imagine -- but to solve this notion of tax 12 expenditures. 13 How can we accomplish this, 14 Senator, when on the one hand we say it's not 15 appropriate to include tax expenditures as a 16 class of expenditures from a spending gap 17 definition? They must be included. And then on 18 the other hand it does not make sense to include 19 tax expenditures under a spending gap. It says 20 "It renders a spending gap meaningless and 21 paradoxical." 22 An example, just recently in our 23 good judgment, we're going to eliminate the tax 7095 1 on hotel rooms. How do we now classify that 2 after we repeal it, as of August I believe? Do 3 we now put it in the old category? New 4 category? How do we deal with that? 5 It's my understanding that a year 6 or so ago we had a parking -- is it a parking 7 tax that we had? -- in the City of New York, I 8 believe -- in the state. And as we dealt with 9 that, we went back. This was 1992 or '3 and 10 then we took it for the record purposes back to 11 1990. So we have this crazy mix, and I can't 12 imagine how we can resolve it. 13 Perhaps, collectively, we can do 14 something about it, but we have to either put 15 that amount of money in, include it or exclude 16 it, or in some way recognize that we're dealing 17 with billions and billions of dollars and that 18 it would possibly encourage, I would imagine, 19 some back-door spending which we're trying to 20 abolish and we're headed in that right 21 direction. 22 Senator, I don't know the 23 answer. Most of the times when we criticize, we 7096 1 have an alternative. I don't have an 2 alternative very candidly, and these are merely 3 observations that I point out to you, and I'm 4 sure your staff has pointed out to you, and we 5 all would like very much to resolve and say to 6 government enough is enough is enough. 7 And there was a process set up 8 where if you exceed the gap, even with your 9 formula which sounds good, the variables that I 10 have mentioned must of necessity come into play 11 if we are to sincerely deal with this very 12 difficult problem. 13 ACTING PRESIDENT SPANO: Read the 14 last - 15 SENATOR GALIBER: There were - 16 ACTING PRESIDENT SPANO: Senator 17 Galiber. 18 SENATOR GALIBER: There were 19 built into my explanation some questions, and 20 perhaps you'll recognize some of my concerns, 21 and perhaps, Senator, you or staff could 22 possibly address if it's no more than the recent 23 hotel tax or if it's a question of the parking 7097 1 tax sometime ago or the tax expenditures with 2 all the exceptions that we make, that amount of 3 money, whether it should or should not be 4 included and the spending gap that we want to 5 lock into the Constitution. How do we inter 6 mingle or comingle -- intermingle, I guess, this 7 notion of the expenditures and the cap and some 8 of the ordinary financing that you are trying to 9 put this cap on? 10 SENATOR STAFFORD: As always, I 11 think that my colleague in the Minority has been 12 extremely articulate and raises, no question, 13 some very, very valid concerns. 14 I'm going to be much too simple 15 here in my explanation, because it's very easy 16 for me to be simple. 17 In this resolution, we are 18 talking about spending. We are not talking 19 about revenues. Now, granted, obviously we have 20 to review our revenues. We have to know where 21 we are. But we would be hopeful if we can 22 follow the discipline that is suggested here, we 23 will have surpluses rather than considering 7098 1 whether we have an increased revenue or 2 decreased revenue when we do away with a tax. 3 And obviously it's a decreased revenue. 4 I think for too long -- and I'm 5 pointing at all of us, we have been looking at 6 the revenues and then deciding how we were going 7 to spend them, rather than having a limitation 8 on what we are going to spend each year, and I 9 think we have to do this, because if we don't, 10 we'll always find a place where we can spend the 11 dollar. If it is a limitation, we just simply 12 can not spend it, and I think that is the 13 direction we should go. 14 I do not mean to just give short 15 shrift to what Senator Galiber said because he, 16 of course, really was talking about the science 17 of public finance. Obviously, we have to 18 consider our revenues and we have to be careful 19 in our expenditures. But this item here today 20 is putting a real harness on us. And, no, it is 21 not talking about revenues. It is talking about 22 spending expenditures. And there is a solid, 23 explicit, easily ascertainable, limit on what we 7099 1 can spend each year, and that's what we're 2 attempting to do. 3 SENATOR GALIBER: Senator yield 4 for a question. 5 SENATOR STAFFORD: Sure. 6 ACTING PRESIDENT SPANO: Senator 7 Galiber. 8 SENATOR GALIBER: I'll try to be 9 simpler than you. 10 ACTING PRESIDENT SPANO: Would 11 you like Senator Stafford to yield Senator 12 Galiber. 13 SENATOR GALIBER: Yes, if you 14 don't mind. 15 ACTING PRESIDENT SPANO: We'd 16 like to include the chair in the process here a 17 little bit. 18 SENATOR GALIBER: All right. Mr. 19 President. Would you be kind enough to make an 20 inquiry for me as to whether or not Senator 21 Stafford who is the chairman of the Finance 22 Committee would yield to a question. 23 ACTING PRESIDENT SPANO: Senator 7100 1 Stafford. 2 SENATOR STAFFORD: As always. 3 ACTING PRESIDENT SPANO: Do you 4 continue to yield? 5 SENATOR STAFFORD: By all means. 6 SENATOR GALIBER: Senator, isn't 7 tax expenditures really a spending process? 8 Isn't that really spending? 9 SENATOR STAFFORD: Well, I 10 hear -- Mr. President. I hear exactly what you 11 are saying, and I think we have to certainly 12 establish, and you have done it very well, that 13 if we're going to have anything to spend we have 14 to have some revenues, and that's certainly 15 understood, and I certainly agree with you and 16 agree that we certainly have to review our 17 refuses. 18 But this here - 19 SENATOR GALIBER: Senator. 20 SENATOR STAFFORD: But this here 21 -- but this here is simply saying not mention 22 ing revenues at all. This is a limitation that 23 you can increase. And, hopefully, we would have 7101 1 some surpluses, and then we would not have to 2 even consider some of the things that we, of 3 course, are no longer going to be doing. 4 SENATOR GALIBER: Will Senator 5 yield for another question. 6 SENATOR STAFFORD: Sure. 7 ACTING PRESIDENT SPANO: Senator 8 Stafford yields. 9 SENATOR GALIBER: Senator, I 10 again have a memo here. I don't want to throw 11 questions, when I have part of the answer, at 12 you. But it suggests, "A spending gap would 13 promote unsound fiscal practices. A gap with 14 loopholes" -- and perhaps you don't agree with 15 me -- "A gap with loopholes would only change 16 the method of spending and not the level," which 17 we are both trying to accomplish. And there are 18 loopholes galore in terms of this cap that you 19 make reference to. 20 "A spending cap is only 21 effective if it restricts actions which those 22 affected would otherwise pursue. Since the 23 desire to spend is already presumed, the cap 7102 1 with loopholes," that I mentioned before, "would 2 only change the method of spending and not the 3 level." 4 Would you agree? 5 SENATOR STAFFORD: No. I hear 6 what you're saying, but, no, I don't agree. 7 SENATOR GALIBER: Okay. Did 8 you -- Mr. President. 9 (There was no response.) 10 Mr. President. 11 ACTING PRESIDENT SPANO: Senator 12 Galiber. 13 SENATOR GALIBER: Will the 14 Senator yield for a question? 15 ACTING PRESIDENT SPANO: Senator 16 Stafford, do you yield? 17 SENATOR GALIBER: There is some 18 concern about the spending gaps really 19 undermining the political process. "Spending 20 gap proposals have the appearance of promoting 21 good government and fiscal discipline but in 22 practice, they may have the opposite effect. It 23 is the responsibility of the elected 7103 1 representatives to weigh the demands, desires 2 and needs of their constituency of government 3 service against their ability to pay for such 4 services." 5 SENATOR STAFFORD: Well - 6 SENATOR GALIBER: We have the 7 experience just with -- we woke up one morning 8 after this proposed $62 billion, and someone 9 leaked it out that we had a surplus, and the 10 Comptroller in his judgment put a stamp on it 11 and said, "Yes, we do have a $1.5 billion." 12 And what troubled me, as this new 13 position that I have and I often mention it, is 14 that we went about the business of finding out 15 how we could best spend that billion dollars, 16 and we made a number of those spending processes 17 which helped our communities, especially in the 18 area of education, and a number of other places 19 that you are familiar with. 20 So, Senator, I reiterate, 21 notwithstanding your excellent explanation and 22 our mutual desire to make a change that front 23 loading is a factor that we should consider. 7104 1 Tax exemptions, this is government spending that 2 does not appear in the budget because it's part 3 of an already institutional tax system. How do 4 we deal with that? I say it over and over 5 again. 6 "Earmarking. Certain earmarked 7 and dedicated funds are exempt from the cap. 8 Spending cap requirements could promote 9 marriages of convenience between otherwise 10 unrelated tax expenditures, tampering, if you 11 will with the retirement systems, short 12 circuiting audit transfers," and we go on, and 13 these are merely scratching the surface, if you 14 will, of the concernes that we have and you have 15 also. 16 Privatization, uncontrollable or 17 mandated expenses, all these factors have to of 18 necessity be played into the formula. And I go 19 back to the basics; and that is, these are 20 perhaps some of the loopholes that we make 21 reference to. And if we don't close these 22 loopholes up, then we can't accomplish what you 23 and I both want and that is to put some guards, 7105 1 if you will, on state spending. 2 This is not the way to do it, 3 especially locking it into a constitution. And 4 I know if we do not honestly at some point in 5 time -- too late this year -- certainly next 6 year, but collectively working in terms of 7 solving or attempting to solve a system that has 8 not held the State of New York in good stead. 9 Our spending habits are 10 horrible. No question about it. But this isn't 11 the way we should do it. It's only going to be 12 a one-house bill and merely because we have not 13 had the capacity to get together and talk out 14 and try to find a reasonable approach to a 15 mutual problem that we both recognize. 16 SENATOR GOLD: Mr. President. 17 ACTING PRESIDENT SPANO: Read the 18 last section. 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT SPANO: I'm 21 sorry. Senator Gold. 22 SENATOR GOLD: Will Senator 23 Stafford yield, please? 7106 1 SENATOR STAFFORD: Sure. 2 SENATOR GOLD: Senator Stafford, 3 is there anything in this proposal that would 4 affect the legislative process after the 5 enactment of the budget in terms of increasing 6 or making additions to the budget. 7 SENATOR STAFFORD: Well, yes. Of 8 course, we couldn't really enact appropriations 9 bills that went in excess of the limitation. 10 SENATOR GOLD: So, in other 11 words, if the Senator will yield to a question 12 - 13 SENATOR STAFFORD: Sure. 14 SENATOR GOLD: -- if your 15 proposal is the law, we will have a budget 16 process, we will have our limitations, and then 17 that will be it for the year, is that correct, 18 as far as spending? 19 SENATOR STAFFORD: Well, there 20 could be as, you will know, emergencies. They 21 certainly could be considered. 22 SENATOR GOLD: All right. Well, 23 Senator, if you'll yield to another question. 7107 1 Will you take a look at Calendar Number 1473 on 2 today's calendar. It's by Senator Levy, and 3 according to the sponsor's memo, this is almost 4 a billion dollars over a period of time, but in 5 this fiscal year it's $266 million. 6 Senator, will you tell me before 7 we vote on this bill later today is that 8 $266 million in our budget plan. 9 SENATOR STAFFORD: What - 10 SENATOR GOLD: 1473. 11 SENATOR STAFFORD: It's in the 12 transportation money. Yes, I certainly would 13 assume that it is in the plan. 14 SENATOR GOLD: Mr. President. 15 (There was no response.) 16 Mr. President. 17 SENATOR STAFFORD: Let me answer. 18 SENATOR GOLD: I want you to 19 answer. I want to hear it. 20 SENATOR STAFFORD: Let me answer. 21 SENATOR GOLD: Point of order, 22 Mr. President. 23 Senator, please don't bully me. 7108 1 Mr. President. My understanding 2 is, in this chamber, we talk through the chair. 3 Senator Stafford wants to be polite to me so he 4 is facing me, but it makes it harder for me to 5 hear him. So I will not consider it impolite if 6 he looks at you and speaks into the microphone, 7 because I certainly want to hear the answer. 8 Thank you. 9 SENATOR STAFFORD: I have been 10 here a long time. I have no problem talking. 11 SENATOR GOLD: I don't have 12 trouble hearing either, Senator, but I like to 13 hear the answers. 14 SENATOR STAFFORD: Would you 15 state your question again? 16 SENATOR GOLD: I would be more 17 than happy to, sir. 18 There is a bill on this calendar, 19 Senator Levy's bill, Calendar Number 1473. 20 Senator Stafford, we have completed a budget for 21 this year. This bill would cost $266 million 22 this year. I want to know, if your proposal was 23 the law, number 1, could we do the Levy bill, 7109 1 and, number 2, doing the Levy bill even without 2 your proposal, is that $266 million in our 3 budget or it's not in our budget? 4 SENATOR STAFFORD: Well, I would 5 share with you that I'm glad you asked me the 6 question, because it gives me an opportunity to 7 again emphasize what this resolution does. I 8 have tried to explain it earlier. Obviously, if 9 there is any spending that would go beyond the 10 cap that would result from this resolution, it 11 could not be spent. 12 SENATOR GOLD: Will Senator yield 13 to a question? 14 ACTING PRESIDENT SPANO: Senator 15 Stafford continues to yield. 16 SENATOR STAFFORD: By all means. 17 SENATOR GOLD: Senator Stafford, 18 under existing law, without the amendment that 19 you are proposing, is there any gun to the head 20 of anybody in the Republican Party that forces 21 them to put legislation through that would 22 exceed what your cap would be? 23 I mean isn't it a fact that 7110 1 Senator Levy doesn't have to put this through 2 even without their being a cap? 3 And are you telling us that 4 unless we put in a cap and tie your hands that 5 the Republican Party is so irresponsible that it 6 can't control itself? 7 SENATOR STAFFORD: Well, first I 8 would like to help you with your question. I'm 9 sure you didn't want to use gun, because none of 10 us would point a gun at one another. 11 SENATOR GOLD: That's a good 12 diversion but - 13 SENATOR STAFFORD: I'm sure you 14 wouldn't do that, because that just isn't, you 15 know, good for any of us. If you're saying are 16 there pressures, you know, to spend funds, 17 there's pressures on all of us. On the other 18 hand, as I go back to what we've said earlier, 19 no money would be spent if it went above this 20 cap that we were suggesting. 21 SENATOR GOLD: Thank you. 22 Mr. President on the bill. On 23 the bill, Mr. President. 7111 1 ACTING PRESIDENT SPANO: Senator 2 Gold on the bill. 3 SENATOR GOLD: Thank you. 4 Senator Stafford, you are a 5 gentleman, and I'm sorry I asked you these 6 questions. But on the other hand, I admire the 7 fact that you don't want to answer them because 8 you are a truthful man, and I don't think you 9 want to lie under any circumstances, and there 10 is no way you can justify what's going on here 11 without saying things that would be very 12 embarrassing. 13 The Republican Party in this 14 house is absolutely two-faced when it comes to 15 the handling of financial matters. You are 16 irresponsible, and it's about time that we at 17 least told the truth out in the public. 18 We went through this earlier this 19 year. You run away from the fact that it is you 20 -- you -- that provides 31 votes every year and 21 you say it proudly for five billion in new 22 taxes. 23 Now, you've got on the same 7112 1 calendar -- I mean how do you have the - 2 A VOICE: Chutzpah. 3 SENATOR GOLD: -- chutzpah? 4 Thank you. I won't use the B word. How do you 5 have the nerve to put our calendars that on the 6 one hand tell people that we've got to cap 7 spending -- we've got to do this. We've got to 8 cap the spending. And on the same calendar, you 9 have expansions of an existing budget that was 10 negotiated by everybody around here. And then 11 you say, "Well, yeah, sure, but what the heck. 12 It's an election year. Let's put in this 13 program $266 million, and the money isn't 14 there. It's not bothering Norman Levy. It's 15 not bothering any of you. 16 There's another calendar here 17 1480. Well, this one is only $900,000 that's 18 not in the budget. And we go back to Senator 19 Seward's program. That was only about another 20 200,000 not in the budget. 21 And this is nonsense. You don't 22 need a cap. You don't need a constitutional 23 amendment to tell you not to do the things that 7113 1 you are doing. Don't do them. That's all. You 2 are in the Majority in this house. If you don't 3 want to do it, don't do it. 4 You don't want to a -- my God, do 5 you mean to tell me we had to spend 60 days in 6 Albany, past the designated budget time for you 7 to be forced into a budget process in a final 8 budget you didn't like? And that budget was at 9 least about a billion dollars more than the 10 Governor said you should spend? You know, it 11 really is ridiculous. 12 I made a comment earlier today to 13 a few of my distinguished colleagues in the 14 Republican Party, and I want to put it in the 15 record out here now. 16 You run this place. First of 17 all, I said don't tell me at any point during 18 the day that you don't want -- you know, some of 19 our members are overdebating. You blew ten 20 hours yesterday where we could have been 21 debating. I've never spent a night in this 22 place until 5:30 in the morning and get nothing 23 done. I've been here when we've done rules 7114 1 reports, bills. So that's one thing. 2 The second thing is don't tell us 3 you want to get out of here and you are serious 4 about getting out of here and we're holding you 5 back when you put out these ridiculous proposals 6 that fly in the face of everything you do. If 7 you want religion, read your own Bible but don't 8 preach to us. 9 It is not a Gold bill. It is a 10 Levy bill. It is not a Galiber bill. It is a 11 Seward bill. Don't blame Dollinger. Don't 12 blame Jones. It is you. You are spending this 13 money. You are the one that's putting out 14 bills, and thank God some of these are one-house 15 bills. Thank God you have Democrats in the 16 other house who scoff at what you are doing, and 17 you ought to cut it out. 18 I will take a proposal seriously 19 that talks about funding caps when I see you 20 doing that and living that while you've got the 21 power. Who are you trying to regulate? We get 22 bills out here that tell people what to do. We 23 sit back and say, well, when you drive a car you 7115 1 got to do this; and when you go to school, you 2 got to do that. Well, this bill affects us. We 3 don't need a law to tell us what to do. All we 4 have to do is do it. 5 All we have to do is do it. And 6 I think we ought to stop the absolute hypocrisy 7 that arises every year around this time every 8 two years around this time, where we get 9 lectures in fiscal conservatism by the biggest 10 bunch of spenders in the history of this state, 11 the New York State Senate Republicans. 12 ACTING PRESIDENT SPANO: Senator 13 Dollinger. 14 SENATOR DOLLINGER: Mr. 15 President. I rise - 16 ACTING PRESIDENT SPANO: Excuse 17 me, Senator Dollinger. 18 Senator Levy. 19 SENATOR LEVY: Can I just make an 20 announcement. 21 SENATOR DOLLINGER: Absolutely, 22 Senator. 23 SENATOR LEVY: Sorry. Thank you 7116 1 very much, Senator. 2 There is going to be another 3 meeting of the Transportation Committee. I know 4 my committee and other committees are 5 considering nominations as they come up from the 6 second floor, and we have three nominees that 7 are present: One from Dutchess County for the 8 MTA, one for the Transportation Safety Board, 9 and one for the New York State Bridge 10 Authority. And we're going have a meeting of 11 transportation now, and Senator Oppenheimer was 12 advised of it. 13 SENATOR DOLLINGER: Thank you. 14 ACTING PRESIDENT SPANO: 15 Immediate meeting, Transportation Committee, in 16 Room 124. 17 SENATOR DOLLINGER: Mr. 18 President. I yield the floor to Senator Waldon. 19 ACTING PRESIDENT SPANO: Senator 20 Waldon. 21 SENATOR WALDON: Thank you very 22 much, Mr. President. 23 ACTING PRESIDENT SPANO: Excuse 7117 1 me. Senator Gold, why do you rise. 2 (There was no response.) 3 SENATOR WALDON: I really don't 4 know the format of what I'm about to do, having 5 not looked it up in the rules; but when Senator 6 Levy just said that they were considering some 7 nominees from the Transportation Committee, I 8 was reminded of a news article I read today, and 9 I would like to put into the record my thoughts 10 on that news article. And I ask is that 11 appropriate at this moment? 12 ACTING PRESIDENT SPANO: Without 13 objection, Senator Waldon. 14 SENATOR WALDON: Thank you very 15 much, Mr. President. 16 Martin Luther King said there 17 comes a time when a moral man can't obey a law 18 which his conscience tells him is unjust. There 19 are those individuals in every age and every 20 generation who were willing to say I will be 21 obedient to a higher law. It is important to 22 see that there are times when a man-made law is 23 out of harmony with the moral law of the 7118 1 universe. 2 And I'm not going to speak to you 3 so briefly about a law but about something which 4 in my opinion is out of harmony with the 5 universe, especially the universe of African 6 American people. 7 Our ancestors were torn from 8 their African homeland, from their gods, from 9 their proud way of life to suffer unspeakable 10 pain and indignity as the black gold of the 11 white man in the slave trade; and, yet, in this 12 country, we have contributed in countless ways. 13 1. The city of Washington, D.C., 14 is laid out in the way that it is because of the 15 genius of Benjamin Banneker. 16 2. During the Civil War, 24 17 Congressional Medals of Honor were awarded to 18 African-American soldiers for their bravery 19 during that war which allowed this nation to 20 remain a nation. 21 Martin Luther King challenged not 22 only this nation but the whole world in terms of 23 his nonviolent movement to bring about peace, 7119 1 equity, and freedom for all Americans not just 2 African-Americans. 3 Despite all we have given to 4 America, America has often been very unkind. 5 ACTING PRESIDENT SPANO: Excuse 6 me. Will you suffer an interruption, Senator 7 Waldon. We do have a resolution before us in 8 the house. 9 SENATOR WALDON: I have about ten 10 more sentences, Mr. President. 11 ACTING PRESIDENT SPANO: Okay. 12 SENATOR WALDON: This is very 13 important to me and to my people. 14 SENATOR GOLD: Thank you. 15 SENATOR WALDON: Hollywood, for 16 all too long, portrayed us as a slow, ignorant, 17 childlike singing, dancing, watermelon-eating 18 baffoon, and we fought these stereotypes begun 19 in on the '20s and still must fight these 20 stereotypes today. 21 I read in the paper today that 22 John Dyson in an interview regarding hiring a 23 minority firm versus a majority firm stated to 7120 1 Comptroller Alan Hevesi that we ought to know a 2 bid from a watermelon. John Dyson's statement 3 is reprehensible. It is unacceptable. It is 4 insensitive to, at the very least, more than 50 5 percent of the people of New York City. He 6 should resign. 7 He should resign. If he doesn't 8 resign, Mayor Giuliani should fire him. He 9 should be fired. This is racist behavior. It 10 is absolutely racist behavior. 11 The people that I represent, 12 black and white, Jew and gentile, find it 13 unacceptable. But more importantly than those 14 people, the heritage of African-American people 15 in the city and in the state and in this nation 16 find such an act in 1994 reprehensible. 17 And what happens when one of the 18 highest leaders of government in the city can 19 act out in this way? What happens to some 20 demented person on the street who then takes the 21 signal from the leadership that it's already to 22 treat those people that way? Will we have 23 another Rodney King situation in the City of New 7121 1 York as it was in California? 2 All I can say is that this angers 3 me to no end. I appreciate this opportunity to 4 speak on it, but I hope that this Mayor will 5 insure that he truly represents all of the 6 people of the City of New York by taking the 7 appropriate action, which is to fire John Dyson, 8 and to insure that the tone of his statements 9 are no longer allowed to be a part of his 10 administration. 11 Millions of African-Americans in 12 this state now await the Mayor's action. 13 Thank you very much, Mr. 14 President. Thank you, my colleagues. Thank 15 you, Senator Present. 16 ACTING PRESIDENT SPANO: Senator 17 Gold. 18 SENATOR GOLD: Not on that 19 subject, but Senator Levy mentioned something 20 about nominations, and I heard something and I 21 just want to clear the record on something. 22 There was an agenda, I believe, prepared for the 23 Finance Committee which had on it certain 7122 1 members of the CUNY Board. I have heard some 2 rumors that in some way either I or some other 3 people are involved with holding back those 4 nominations. I just want the record absolutely 5 clear that from my point of view I'm waiting for 6 the meeting. I'd love for there to be a 7 meeting. I'd love for those nominees to come to 8 the floor, and it is not my little fingers that 9 are holding back that nomination. 10 Thank you. 11 ACTING PRESIDENT SPANO: On the 12 resolution. Senator Jones. 13 SENATOR JONES: Are we on the 14 bill again? 15 ACTING PRESIDENT SPANO: We are 16 on Calendar Number 1485. 17 SENATOR JONES: Okay. I would 18 just like to speak on the bill, and I'm going to 19 have to take exception with Senator Gold as much 20 as I like him. He's wrong. Obviously this body 21 is not able to control their spending. You have 22 convinced me in just the two years that I've 23 been here. It's obviously not possible. 7123 1 He's absolutely correct. We 2 spent -- I can't begin -- at least more than 500 3 million beyond what the Governor wanted, and I 4 wish I had had a little calculator just sitting 5 here this week because I have no doubt in my 6 mind we've spent the entire next year's budget 7 and probably a little bit extra, and we haven't 8 even finished what is on here today. 9 So I'm sorry, Senator Gold, but I 10 have to say that you're wrong. It is obvious to 11 me that we aren't capable of doing this. So 12 thank God we have this bill here today that is 13 going to put a cap on spending and keep this 14 body under control, because it's clear to me we 15 need that. 16 I certainly support it. 17 ACTING PRESIDENT SPANO: Senator 18 Dollinger. 19 SENATOR DOLLINGER: Mr. 20 President. My colleague from Monroe County has 21 sort of given this body a sense of perhaps how 22 we in Monroe County feel about the question of 23 being told that we just can't say no. 7124 1 I hear all this rhetoric in this 2 country about saying no to sex and saying no to 3 drugs and all these harmful behaviors that we 4 should avoid as a society, and yet I look across 5 the aisle and find that it appears as though 6 there is a group over there that just can't no 7 to spending. 8 My colleague properly points out 9 that the State Legislature has added spending on 10 top of the Governor's spending. We just seem to 11 get this greater and greater spending and 12 spending and spending. 13 And then -- I know my colleague 14 from Monroe County didn't share this, but I had 15 a conversation last night with a fly in my hotel 16 out there. And you wonder, what am I, talking 17 to a fly? Well, this fly related to me they 18 were the fly on the wall in the Majority 19 conference room. And, sure enough, do you know 20 what the fly said? The fly said, "Here we are. 21 We're getting toward the end of session. We're 22 spending all this money," as Senator Gold points 23 out. We're spending hundreds of millions more 7125 1 this week, potentially, by increasing the cost 2 to local government. That little fly on the 3 wall spoke up -- apparently, overheard in the 4 Majority conference room someone say, "Gosh, 5 it's getting near the end of session. What 6 about the spending cap bill? That's what we 7 need. We need the spending cap bill to be put 8 back on the floor so that we can reclaim the 9 title as the fiscal conservatives who are 10 protecting us from this terrible urge to spend 11 money, so that we will restrain ourselves and 12 handcuff ourselves in the future, so that we 13 will be able to say, "No," because the people 14 will tell us that we can't say yes." 15 It seems to me that the little 16 fly on the wall is correct. This is really 17 political feeder. This is political feeder to 18 create the impression that this body is prepared 19 to have a spending cap; whereas, every single 20 action we have taken since I came here suggests 21 that we are not. 22 I would simply point out I think 23 Senator Jones and I are the only members of this 7126 1 body who are not running for statewide office 2 who said "No" the last two years when spending 3 came up in the state budget. 4 So Monroe County, we've had the 5 courage to say no. We don't need a 6 constitutional amendment to tell us that. I 7 wish that this body would act, in its actions 8 demonstrate the conviction that appears to 9 underlie this piece of political feeder. 10 SENATOR DeFRANCISCO: Mr. 11 President. 12 ACTING PRESIDENT SPANO: Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: I ask 15 Senator Dollinger if he'd yield? 16 ACTING PRESIDENT SPANO: Senator 17 Dollinger, do you yield. 18 SENATOR DOLLINGER: Absolutely. 19 SENATOR DeFRANCISCO: Senator 20 Jones alluded to the fact that since the budget 21 passed there have been many spending bills that 22 have passed this house. Isn't it true that you 23 supported just about every one of those spending 7127 1 bills since the budget, the budget was passed? 2 SENATOR DOLLINGER: Mr. 3 President. If I can ask the questioner to be 4 specific about what bills you're referring to, I 5 will be glad to analyze them. 6 SENATOR DeFRANCISCO: I can't be 7 specific but I know that there's only been one 8 or two negative votes on just about every 9 spending bill since the budget, and you weren't 10 the negative vote on every one. What I'm saying 11 is, have you adhered to this principle of saying 12 no to all new spending since the budget was 13 passed? 14 SENATOR DOLLINGER: Well - 15 SENATOR DeFRANCISCO: Yes or no? 16 SENATOR DOLLINGER: Mr. 17 President. I can't answer the question, as 18 counselor would know. I'd be glad to respond to 19 a specific bill. If you have a specific bill, I 20 will tell you what I thought and how I voted on 21 it. 22 SENATOR DeFRANCISCO: So you 23 don't know whether you've said no to every 7128 1 single increased spending? 2 SENATOR DOLLINGER: Well, I 3 certainly can't make that blanket statement, Mr. 4 President. If the questioner would like to be 5 specific, I'll be glad to answer him. 6 ACTING PRESIDENT SPANO: Let us 7 please have the questions and answers through 8 the chair. 9 Senator Connor. 10 SENATOR CONNOR: Thank you, Mr. 11 President. I'm not going to make a big speech. 12 I think it's been well articulated what's wrong 13 with this bill, but sometimes a story is an apt 14 way of describing what's going on here. 15 And I'm reminded of a couple 16 weeks ago when I was out having a cup of coffee 17 in Albany here, and a fellow walked in and said 18 to the saloon keeper, "I would like three 19 whiskeys," and the saloon keeper set up the 20 three whiskeys. And as the guy was about to 21 take a drink, the saloon keeper said, "You know, 22 you can order them one at a time." The guy 23 said, "You don't understand. I got two 7129 1 brothers. I got a brother down in New York and 2 a brother out in Chicago. We made it up that 3 whenever we had a drink we'd drink for all three 4 of us." 5 So I was there last night. It 6 reminded me of this bill. The same guy came in 7 and he ordered two whiskeys. And the saloon 8 keeper said -- as he set them up, he said, "Gee, 9 I'm really sorry about your brother." The guy 10 said, "What about my brother?" And he said, "I 11 assume -- you were here before -- I guess you 12 lost one of your brothers." And the guy said, 13 "No, no. It's not that at all. It's me. I 14 quit." 15 That's what this bill is like, "I 16 quit," you know. Except on the same calendar 17 you have all these spending bills. Which is 18 it? Are you spending for your brother or did 19 you quit? 20 ACTING PRESIDENT SPANO: On the 21 resolution. Secretary will call the roll. 22 Senator DeFrancisco to explain 23 his vote. 7130 1 SENATOR DeFRANCISCO: Yes, I just 2 wanted to state that I'm supportive of this 3 amendment, and there has been some statement to 4 the effect that how can we possibly pass this 5 when we would be X number of dollars in the hole 6 this year because of our budget having already 7 been passed. The fact of the matter is this is 8 a resolution for a constitutional amendment 9 which would take at least two successive 10 sessions plus a vote of the people for it to be 11 effective, and it will be effective sometime in 12 the future and will not affect this year's 13 budget. 14 In addition, as far as the 15 remarks concerning the Republican Majority being 16 spendthrifts and being unable to control it, and 17 all we have to do on our own is say no to these 18 various budget bills and we can take care of the 19 process, the fact of the matter is there are 20 three parties to the process, the Governor, the 21 Assembly, and the Senate. We are all involved 22 in the process including all -- both parties of 23 both houses. And the fact of the matter is that 7131 1 when we get down to a budget to get an 2 agreement, it is not easy with all the competing 3 interests. As a result, we find ourselves later 4 and later every year, being criticized by 5 everybody every year, because of the continual 6 delays in the budget process to try to get an 7 agreement. 8 And, unfortunately, at some point 9 you've got to vote yes to something maybe you 10 don't like every bit of in order for there to be 11 a budget at sometime during the year, and I 12 believe strongly that a bill such as this will 13 put a cap, which cap will have to be followed so 14 that it will also help us not only fiscally but 15 to get a budget on time, since everyone will 16 have to cooperate with the less amount of 17 spending. 18 So I vote yes. 19 ACTING PRESIDENT SPANO: Senator 20 DeFrancisco in the affirmative. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1485 are 23 Senators Connor, Dollinger, Espada, Galiber, 7132 1 Gold, Leichter, Markowitz, Nanula, Ohrenstein, 2 Smith, Solomon, Stavisky and Waldon. Ayes 47. 3 Nays 13. 4 ACTING PRESIDENT SPANO: The 5 resolution is adopted. 6 Senator Kuhl. 7 SENATOR KUHL: Mr. President. 8 Will you recognize Senator Lack? 9 ACTING PRESIDENT SPANO: Senator 10 Lack. 11 SENATOR LACK: Yes, thank you, 12 Senator Kuhl. 13 Mr. President. Can we please 14 return to motions and resolutions? 15 With respect to Calendar 303, Mr. 16 President, I would move the restoral of Print 17 Numbers 6694A for 6694B and ask that said A 18 print please have its third reading again at 19 this time. 20 ACTING PRESIDENT SPANO: Without 21 objection, restoration is ordered. Secretary 22 will read the last section. 23 THE SECRETARY: Calendar Number 7133 1 303, by Senator Lack, Senate Bill Number 6694A, 2 an act to amend the Criminal Procedure Law. 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 60. 9 ACTING PRESIDENT SPANO: The bill 10 is passed. 11 SENATOR LACK: Thank you. 12 ACTING PRESIDENT SPANO: Senator 13 Connor. 14 SENATOR CONNOR: Thank you, Mr. 15 President. 16 Mr. President. I would like 17 unanimous consent to be recorded in the negative 18 on Calendar Number 1480. 19 ACTING PRESIDENT SPANO: Without 20 objection. 21 SENATOR LEICHTER: Mr. President. 22 ACTING PRESIDENT SPANO: Senator 23 Leichter. 7134 1 SENATOR LEICHTER: Yes. I would 2 also like unanimous consent to be recorded in 3 the negative on Calendar 1480. 4 SENATOR KUHL: No objection. 5 ACTING PRESIDENT SPANO: Without 6 objection. 7 Senator Wright. 8 SENATOR WRIGHT: Mr. President. 9 I request unanimous consent to be recorded in 10 the negative on Calendar Number 1531. 11 ACTING PRESIDENT SPANO: Without 12 objection. 13 Senator Nozzolio. 14 SENATOR NOZZOLIO: Mr. 15 President. I ask unanimous consent to be 16 recorded in the negative on Calendar Number 1391 17 -- excuse me, 1351. 18 ACTING PRESIDENT SPANO: Without 19 objection. 20 Senator Kuhl. 21 SENATOR KUHL: Yes, Mr. 22 President. Would you call up Calendar Number 23 1420, please. 7135 1 ACTING PRESIDENT SPANO: 2 Secretary will read Calendar Number 1420. 3 THE SECRETARY: Calendar Number 4 1420, by Senator Bruno, Senate Bill Number 5 7494B, an act to amend the Economic Development 6 Law. 7 ACTING PRESIDENT SPANO: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SPANO: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 60. 15 ACTING PRESIDENT SPANO: The bill 16 is passed. 17 SENATOR LEICHTER: Mr. 18 President. I'm sorry. Was that 1420? 19 ACTING PRESIDENT SPANO: 1420, 20 yes, Senator. 21 SENATOR LEICHTER: I'm sorry. 22 Could we reconsider the vote by which this bill 23 passed? 7136 1 ACTING PRESIDENT SPANO: The 2 Secretary will call the roll on reconsideration. 3 (The Secretary called the roll on 4 reconsideration.) 5 THE SECRETARY: Ayes 60. 6 ACTING PRESIDENT SPANO: The bill 7 is before the house. 8 Senator Leichter. 9 SENATOR LEICHTER: Explanation, 10 please. 11 ACTING PRESIDENT SPANO: Senator 12 Bruno. 13 Before you begin, Senator Bruno, 14 can we again ask for some order in the chamber. 15 And please ask that the traffic in the rear of 16 the chamber be curtailed, and those members and 17 staff people who need to have conversations to 18 take them outside the chamber. 19 Senator Bruno. 20 SENATOR BRUNO: Mr. President. 21 Is there a specific question that relates to 22 this bill that just passed unanimously that I 23 can be helpful with, Senator, or is there an 7137 1 overview that you would like to have me give you 2 for the next couple of hours of this great piece 3 of legislation. 4 SENATOR LEICHTER: Senator, if 5 you can find two hours to speak about this bill 6 it would be a marvel to your ability to put 7 substance into what seems to be a lot of air. 8 But, Senator, I would love to listen to you for 9 two hours, but I'm sure that some of our 10 colleagues have other things to do. 11 SENATOR BRUNO: Is there - 12 SENATOR LEICHTER: Yes. 13 SENATOR BRUNO: I'm being - 14 SENATOR LEICHTER: Senator, as 15 I - 16 SENATOR BRUNO: Senator, is there 17 -- I'd be happy to give a quick. 18 ACTING PRESIDENT SPANO: Can we 19 please have the questions and answers through 20 the chair. 21 Senator Bruno. 22 SENATOR BRUNO: Maybe I -- let me 23 give you a quick overview and then see if you 7138 1 focus this - 2 SENATOR LEICHTER: Good. Thank 3 you. 4 SENATOR BRUNO: -- specifically, 5 Senator. 6 What we're trying to do through 7 this legislation, really, is cut through, help 8 businesses and services in this state cut 9 through the red tape, the overregulation that 10 presently exists in this state. 11 Now, how do we know that it 12 presently exists? Because survey after survey 13 to private businesses, large and small, the 14 response always is -- in fact, in one of the 15 largest surveys done, in polls, 72 percent of 16 the businesses thought that government was 17 hostile to their business or their profession 18 here in New York State, and 49 percent of them 19 said they would leave the state if they could. 20 So what this bill does, it sets 21 up in the head of every agency and commission, 22 an office, an ambassador, a good will ambassador 23 in the head of the office, commission. And by 7139 1 the way, Senator, the Governor in his wisdom has 2 done some of this already, and we have worked 3 with the Governor's office and the Assembly in 4 trying to put together a bill, but we have not 5 been successful in getting it all done as we 6 speak. 7 But bottom line, we're talking 8 about creating a system where people, 9 businesses, professions, can reach into the head 10 of the agency and find a friendly person who 11 will help expedite whatever their request for 12 service is through the system. 13 And in the DED regional offices, 14 there will be people there who will serve as 15 these ambassadors for the same purpose. In the 16 Office of Regulatory and Management Review will 17 be the overseer, and reports will go in 18 quarterly to talk about what is being done to 19 help businesses cut through red tape here in New 20 York State. 21 And I'm sure, Senator, you 22 recognize this is a very worthwhile objective, 23 costs nothing. I anticipate your question. 7140 1 Costs nothing because the people that will 2 provide this service are already in place. They 3 will just be more directed and motivated as 4 required and requested in this legislation. 5 SENATOR LEICHTER: Mr. President. 6 ACTING PRESIDENT SPANO: Senator 7 Leichter. 8 SENATOR LEICHTER: Yes. I thank 9 my good friend for that overview and maybe we 10 ought to get a little specific, and if he'll 11 yield for one or two questions, please. 12 Senator, I see that you call - 13 all the commissioners will be deemed to be 14 ambassadors. 15 SENATOR BRUNO: Senator, that's 16 the Governor's word. We were using other 17 descriptions, but the Governor in his office 18 liked the word ambassador, so yes. 19 SENATOR LEICHTER: Senator, from 20 now on, will they be called ambassadors or 21 commissioners. I am the ambassador of mental 22 health or the ambassador - 23 SENATOR BRUNO: Yes. They would 7141 1 be called both. Their official title would be 2 commissioner. Their unofficial title would be 3 Ambassador of Good Will to Promote Industry and 4 Business in this state. I think the Governor 5 had a great idea when he came up with that. 6 Oh, thank you, Senator. 7 Ambassadorial commissioners. Thank you, Senator 8 Marchi. 9 SENATOR LEICHTER: And, Senator, 10 is it correct to say -- the only real function I 11 see there besides the fact that they are 12 supposed to be concerned about being business 13 friendly is they issue this quarterly report? 14 SENATOR BRUNO: Well, they talk 15 about what they have done to expedite the permit 16 process, the overview, to make it simpler, 17 better, more effective and less inhibiting to 18 the promotion of business. They report 19 quarterly on what they are doing to help in this 20 way. 21 SENATOR LEICHTER: Yes. Mr. 22 President. Thank you very much, Senator Bruno. 23 And let me just comment on the 7142 1 bill. 2 ACTING PRESIDENT SPANO: Senator 3 Leichter on the bill. 4 SENATOR LEICHTER: All I can say 5 is if I were a businessman in New York State and 6 somebody came and said, "Look how much we're 7 doing for you: From now on, we're going to call 8 Commissioners "ambassadors," and they are going 9 to file a quarterly report," I would cry. I 10 would cry. I would say, Senator Bruno, is this 11 the best you can come up with? And then you 12 tell me you are going to talk about this for two 13 hours? 14 You know, again, this is the sort 15 of, if you will, vacuous approach which bears a 16 resemblance to the previous bill. We're not 17 dealing with reality here. We're not dealing 18 with what bears any relation to the actions that 19 you people really take. 20 I mean you are going to say, I 21 assume, based on this bill, look how wonderful 22 we've shown our commitment to improving the 23 business climate. We've made Commissioners 7143 1 "ambassadors," and they are supposed to go out 2 and be business friendly and so on. I mean 3 that's so much floss. 4 Where are the specifics? And the 5 only specifics you always have -- and my good 6 friend, Senator Wright, loves this -- another 7 report, another regulation. We're going to make 8 government more efficient; so, therefore, we're 9 going to require them to put in ten more 10 reports. 11 Senator Daly, if the Department 12 of Environmental Conservation wrote all the 13 reports that you wanted, they would be doing 14 nothing from morning till night, 365 days a 15 year, but writing reports. Where's the great 16 efficiency? Where is the great outreach to 17 business? Where is the help that you are going 18 to give. It's words. It's words. It's words. 19 That's all we have here. 20 Somebody wants to say, "Look how 21 I've shown my concern for business. I have made 22 Commissioners "ambassadors." 23 And let me say the Governor - 7144 1 and we know that he's very sincere in his intent 2 and desire to improve business climate. We all 3 are. There are things that we can do. There 4 are things that we can't do. And the Governor 5 is very skillful in casting programs in sort of 6 a glorious verbiage, and maybe at one time he 7 used the words, "I want them to be ambassadors." 8 But, Senator, he meant it ambassadors in a 9 generic sense of being friendly to business. He 10 didn't mean that you are supposed to actually go 11 out and change the law to call Commissioners 12 "ambassadors." You shouldn't have taken him 13 that literally. 14 Let me just say, my friends, this 15 bill does no harm, but it doesn't do any good 16 either, and I'm going to vote in the negative 17 just because it's so meaningless. 18 ACTING PRESIDENT SPANO: Senator 19 Stavisky. 20 SENATOR STAVISKY: I think you 21 missed the opportunity, Senator Bruno. As long 22 as you are calling them "ambassadors," you have 23 failed miserably to extend the title to Minister 7145 1 Plenipotentiary and Potentate Extraordinary. I 2 would suggest you go to Gilbert and Sullivan's 3 "The Mikado," where you will find a tremendous 4 list of titles that you can bestow upon these 5 Pooh-Bahs, New York State Pooh-Bahs, who hold 6 ten different titles all at once until they 7 confuse each other because the titles and the 8 roles are contradictory. 9 What does this poor Senate 10 Finance Committee do on a confirmation hearing? 11 You've got a Commissioner who is a regulator. 12 Now, I know you are regulating. I know you are 13 going to be tough but are you also going to be 14 gentle, as gentle as Ivory Snow, when you deal 15 with the business? 16 So you ask every prospective 17 designee for confirmation by this overburdened 18 Senate Finance Committee: Are you a regulator? 19 Are you an Ambassador? Are you a patsy? Are 20 you a tough character? Are you a fall guy or a 21 fall woman? 22 I think this borders on idiocy on 23 a date following a night when we had no 7146 1 legislation, which was the night of idiocy. 2 Welcome, my colleagues, to the day of idiocy. 3 We have here nonsense. What 4 about the ambassador to the consumer? What 5 about the ambassador to the taxpayer that Change 6 New York is seeking? Doesn't they have rights? 7 I want an ambassador to the consumer, an 8 ambassador to the taxpayer. What about the 9 ambassador to the employees who have to carry 10 out these things? 11 Senator Bruno, this is not an 12 American Express commercial. You did those 13 superbly, but that is not what is before us in 14 the State Senate, and I think that really it is 15 the day of idiocy. It is not a day of infamy, 16 but it is a day of idiocy. 17 Take this bill and send it 18 bye-bye, or send it to the road company of "The 19 Mikado." "My object all sublime I shall achieve 20 in time...", and now the score is in your hands. 21 (Applause.) 22 ACTING PRESIDENT SPANO: Senator 23 Bruno. 7147 1 SENATOR BRUNO: Mr. President. I 2 hope -- thank you. That was eloquent. 3 I hope the Governor is listening, 4 because we said to his office, "Let's not use 5 the word 'ambassador'." We called them 6 "interagency coordinators." So I hope he's 7 listening to you. 8 Governor, he didn't mean that you 9 were all of the things that he just described. 10 Governor, he is only kidding. He is trying to 11 be funny, Governor. Maybe we ought to go back 12 to "interagency coordinator," Governor, as we 13 were proposing to you because the Senators don't 14 like the word "ambassador," but the Governor 15 thought that "ambassador" designates something 16 positive, good will, good feelings. I'm here to 17 help you. 18 But I know that's something that 19 might be foreign to you people sometimes, 20 opening your arms to be helpful to business, to 21 encourage business, but the Governor finally got 22 his head on straight and said, "These are 23 ambassadors. They do good things." 7148 1 And so we said, "Fine, Governor, 2 let's call them 'ambassadors'." 3 Mr. President. I'm sorry that we 4 used the word ambassador. I think that we would 5 refer to this as interagency coordinator out of 6 deference to my learned colleagues. But thank 7 you for your kind words. I'm sure the Governor 8 appreciates your observations. 9 ACTING PRESIDENT SPANO: Senator 10 Gold. 11 SENATOR GOLD: Just one thing. I 12 think we have missed the boat. Senator, Bruno 13 you really are very, very good, but I'm not 14 going to buy videotape, because apparently the 15 videotape only runs on your half, and I thought 16 Senator Stavisky was much better. So if you had 17 had the whole program, I would have given you a 18 mailing opportunity for the tape, but not the 19 one-sidedness. 20 ACTING PRESIDENT SPANO: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 9. This 23 act shall take effect immediately. 7149 1 ACTING PRESIDENT SPANO: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1420 are 6 Senators Galiber, Gold, Leichter, Onorato, 7 Smith, Stachowski, Stavisky and Waldon. Also 8 Senator Markowitz. Ayes 51. Nays 9. 9 ACTING PRESIDENT SPANO: The bill 10 is passed. 11 Senator Farley. 12 SENATOR FARLEY: Mr. President. 13 I would like to be recorded in the negative on 14 Calendar 1351. 15 ACTING PRESIDENT SPANO: 1351, 16 without objection. 17 Senator Present. 18 SENATOR PRESENT: Mr. President. 19 Can we take up 1517. 20 ACTING PRESIDENT SPANO: 21 Secretary will read Calendar 1517. 22 THE SECRETARY: Calendar Number 23 1517, by Senator Bruno, Senate Bill Number 8686, 7150 1 an act to amend the Civil Service Law. 2 ACTING PRESIDENT SPANO: 3 Explanation has been asked for. 4 Senator Bruno. 5 Again, before Senator Bruno 6 starts, we're having a little problem 7 maintaining order in the chamber today. Will 8 you please ask the staff members to take their 9 conversations outside the chamber. Ask the 10 sergeant at arms to restrict the conversations 11 in the rear of the chamber. 12 Senator Bruno. 13 SENATOR BRUNO: Mr. President. 14 This is another attempt at making government in 15 New York State more efficient. We passed part 16 of this legislation in this chamber a couple of 17 weeks ago, and that has been packaged in the 18 rest of what is in this bill, which is rather 19 lengthy. Bottom line is this is a bill that 20 would help consolidate the duplication that 21 presently exists in this state in state 22 agencies, in commissions, and it's very specific 23 in some of the recommendations for 7151 1 consolidation. 2 It also requires the performance 3 planning for agencies as we had outlined here in 4 previous legislation. When fully implemented, 5 there is the potential to save a minimum of $100 6 million in government costs that is presently 7 part of the tax structure of this state. Bottom 8 line, we consolidate, we create more 9 efficiency. We look to eliminate duplication. 10 We create an incentive for agencies to be more 11 efficient and save money by allowing them -- and 12 I know that you know that if an agency today 13 doesn't use up their whole budget, they lose 14 it. This allows them to retain 35 percent of 15 whatever they save within their agency to create 16 more efficiency and responsiveness to the 17 public. 18 And I think that is meritorious. 19 That is part of what is being recommended in the 20 Clinton administration, and that is part of what 21 has to do with reinventing government as we know 22 it today. 23 ACTING PRESIDENT SPANO: Senator 7152 1 Mendez. 2 SENATOR MENDEZ: Mr. President. 3 I wonder if Senator Bruno will yield. 4 ACTING PRESIDENT SPANO: Senator 5 Bruno, will you yield to a question? 6 SENATOR BRUNO: Yes. 7 ACTING PRESIDENT SPANO: Senator 8 Bruno yields. 9 SENATOR MENDEZ: Thank you. 10 Senator Bruno, in your bill you 11 state that you are establishing -- the bill will 12 be establishing a state government performance 13 and results act of 1994. 14 SENATOR BRUNO: Yes. 15 SENATOR MENDEZ: And you are 16 requiring, if I understand correctly, that each 17 Commissioner -- that each Commissioner will have 18 to establish the goals of the agency and 19 performance standards. 20 SENATOR BRUNO: M-m h-m-m. 21 SENATOR MENDEZ: Now, I have no 22 problems with that. However, you will not 23 measure the other small little agencies, 7153 1 primarily minority agencies. You are not giving 2 them the same opportunity of drawing a plan for 3 goals and performance. Why is that? 4 SENATOR BRUNO: This, Senator - 5 I was just looking at my notes here, because I 6 thought that it does that. It doesn't 7 differentiate. It allows any agency to perform, 8 to put together a strategic plan, to put 9 together a tactical plan, a performance plan, 10 and then report on it. It offers that 11 opportunity to all the existing agencies. 12 SENATOR MENDEZ: That is very 13 good, however, your bill eliminates the 14 following state agencies: 15 The Advisory Committee for Black 16 Affairs, who this year received in the budget 17 $290,000; eliminates the Office of Hispanic 18 Affairs that this year's budget allocated to 19 this agency $313,000; the Division for Women, 20 that this year's budget allocated $533,000; the 21 Office of Volunteer Services, that they obtained 22 this year $289,000; the Martin Luther King Jr. 23 Institute for nonviolence with $1.01 million; 7154 1 the Martin Luther King Commission with $790,000. 2 And all that adds up to $3 3 million. You are saying that we will be saving 4 $100 million. Where are the other $97 million 5 coming from? 6 SENATOR BRUNO: In many of the 7 larger agencies that you have not specifically 8 mentioned. 9 But, Senator, let me be very 10 clear for you and my colleagues. We are not 11 eliminating any services that are provided by 12 these agencies. We are consolidating, creating 13 more efficiency. And normally you consolidate 14 to the larger agency. The Governor would make a 15 disposition of how that happens. 16 SENATOR MENDEZ: Well, I really 17 believe that if the other state agencies are 18 being allowed to start up with making their 19 plans that these other smaller agencies, 20 minority agencies, should in fact be given equal 21 treatment. 22 I want to thank you, Senator 23 Bruno, for answering my questions. 7155 1 On the bill, Mr. President. 2 I, for one, like everybody else 3 believes that we must stop wasting all levels of 4 government. However, as it regards these small 5 agencies, assuming that they do not do a darn 6 thing, assuming let's say that that is the 7 bottom line, they must stay put. Why? Because 8 they perform a tremendous service for our state, 9 for our residents. 10 And what is that kind of 11 service? It is the perception that through 12 these agencies women, Puerto-Ricans and 13 Hispanics, and African-Americans are included - 14 included in state government. 15 So I feel that this bill deals 16 with double standards as it relates to these 17 smaller agencies, and I think that they must be 18 kept if they are not performing well. If that 19 were the case, then they should be helped to 20 perform better. 21 And then the importance of this 22 is that these agencies could in turn interpret 23 to the other agencies that have -- many of which 7156 1 do not have enough minority people working 2 there, could interpret the needs of these 3 minority individuals that reside in the State of 4 New York. 5 So for these reasons I find it 6 very difficult to support this bill, and I will 7 be voting against it, Mr. President. I am 8 committed to see that some waste is eliminated 9 but not at the expense of a very important 10 perception in New York State, as I explained 11 before. 12 So again I thank Senator Bruno 13 for answering my questions, and thank you, Mr. 14 President. 15 ACTING PRESIDENT SPANO: Senator 16 Smith. 17 SENATOR SMITH: Thank you, Mr. 18 President. For the sake of brevity, I will be 19 very, very brief this evening; however, I would 20 be remiss if I did not take exception to this 21 particular legislation, even though it's a one 22 house bill and, in essence, a waste of all of 23 our time. 7157 1 In my short experience here of 2 the past six years, I have had the occasion to 3 deal with many of these agencies, and I have 4 found that they have been of invaluable 5 services, especially the Women's Division 6 dealing with women's issues and Black Affairs 7 and Hispanic Affairs because those are the 8 constituents that I represent. 9 And I find it kind of 10 disconcerting that an attempt is being made to 11 rid us of those agencies that are so important 12 to many of us on this side of the aisle. 13 And I will be certainly voting in 14 the negative. 15 ACTING PRESIDENT SPANO: Senator 16 Waldon. 17 SENATOR WALDON: Thank you very 18 much, Mr. President. Would Senator Bruno yield 19 to a question? 20 ACTING PRESIDENT SPANO: Senator 21 Bruno, would you yield to a question. 22 SENATOR BRUNO: Yes. 23 ACTING PRESIDENT SPANO: Senator 7158 1 Bruno yields. 2 SENATOR WALDON: Thank you very 3 much, Mr. President. 4 Senator Bruno, I'm intrigued by 5 the $97 million that is characterized in this 6 proposal that you have as being saved by 7 implementing these procedures. In arriving at 8 that figure, did you have benefit of an 9 accountant to help you? 10 Mr. President. I have posed a 11 question. 12 SENATOR BRUNO: I'm sorry, 13 Senator. Senator Mendez had a comment and I was 14 listening. I'm sorry. 15 SENATOR WALDON: My question, sir 16 -- Mr. President. If I may continue? 17 In your coming up with the $100 18 million minus the 3 million or so for the 19 elimination of those vital agencies previously 20 enumerated, did you have benefit of an 21 accountant? 22 SENATOR BRUNO: Yes. Actually, 23 we had the benefit of accountants, finance 7159 1 people, efficiency people in government, who all 2 had some input into the process that took place 3 here over the last several months, and this was 4 not calculated by simply sitting down and 5 picking a number. 6 If you take a look very 7 specifically at this rather comprehensive 8 approach that's been put together by very 9 professional people, you will see that the 10 intent is not to eliminate services, and that is 11 being said over and over, Senator. 12 We are not eliminating services. 13 We are creating more efficiency and providing 14 those services; and, consequently, the services 15 are not only provided more efficiently but at 16 less costs, and that's desirable. So, again, we 17 are not eliminating services to the public. 18 SENATOR WALDON: Mr. President. 19 Would the gentleman continue to yield? 20 ACTING PRESIDENT SPANO: Senator 21 Bruno continues to yield. 22 SENATOR BRUNO: Yes. 23 SENATOR WALDON: I would like to 7160 1 pose another question, Senator Bruno, but before 2 I do that, permit me to say if I am sick and go 3 to a doctor and the doctor is no longer there 4 and his administrative aide or his secretary is 5 there, I don't feel very comfortable about being 6 treated. So when you say the elimination of 7 these agencies doesn't change the level of 8 services, I question that. 9 But again, going back to what I 10 really want to find out, in this analysis that 11 was done by the various professionals that you 12 spoke about, is there a record of the analysis? 13 Do you have a database somewhere that could be 14 shared with your colleagues? And if so, where 15 is it? And if you had accountants, who are 16 they? And if you had financial analysts who are 17 they; or who were they? And if you had any 18 other professionals who participated in this 19 process, would you please enumerate them for our 20 edification here at this time. 21 SENATOR BRUNO: The people in the 22 Senate, and I can't give you names and titles, 23 Senator. But if you would like, I would be 7161 1 happy to share with you the people that were 2 involved in the process, the Finance Committees 3 in this house, okay, the research committees in 4 this house, the Commission on Public/Private 5 Cooperation, the Committee on Commerce, Economic 6 Development and Small Business, all of the 7 people who are in public service that have to do 8 with creating efficiency in government, 9 delivering those services at minimal costs were 10 involved. And if you want names and titles, we 11 can, you know, at a more leisurely time put 12 together people that worked on it, but let me 13 assure you that they are professionals who put 14 this together. 15 SENATOR WALDON: Mr. President. 16 Would the learned gentleman suffer another 17 question? 18 ACTING PRESIDENT SPANO: Senator 19 Bruno continues to yield. 20 SENATOR WALDON: Thank you, Mr. 21 President. Senator, I don't doubt -- I don't 22 doubt the truthfulness of what you are saying, 23 but it would make more sense to me if we had 7162 1 some names at a more leisurely time or now. 2 But I would like to change the 3 tack, if I may. T-a-c-k, like a sailboat. 4 SENATOR BRUNO: Yes, sailboat. 5 SENATOR WALDON: Why did you 6 choose the Advisory Committee for Black Affairs, 7 the Office of Hispanic Affairs, the Division for 8 Women, the Office of Volunteer Services, the 9 Martin Luther King Jr. Institute for Non 10 violence and the Martin Luther King Commission? 11 Did your analyst tell you to choose these? 12 SENATOR BRUNO: Yes. What they 13 indicated is that there is a lot of duplications 14 of services in a lot of those agencies, just as 15 there is a lot of duplication of services in the 16 140 some agencies that provide service to 17 businesses in this state, and they are 18 unnecessary. They duplicate. They cost the 19 taxpayers money. 20 And, again, the objective was not 21 to eliminate the services but to create 22 efficiency and savings. 23 SENATOR WALDON: Mr. President. 7163 1 If I may continue? 2 ACTING PRESIDENT SPANO: Senator 3 Bruno continues to yield. 4 SENATOR WALDON: Thank you. 5 Senator Bruno, we are all in politics here; and 6 in politics, one knows that the perception is 7 often times more valuable and/or the obverse 8 more damaging than the reality. So when you say 9 you chose these agencies because they were 10 duplicative in terms of services, can you give 11 me an example -- an example, of how the Advisory 12 Committee for Black Affairs duplicates the role 13 and the duties of the Division for Women. 14 SENATOR BRUNO: Many of the 15 services in these agencies are services that are 16 provided to constituents generally. They 17 answers questions. The same person could answer 18 a question or be of service in either of the 19 instances that you just describe very readily as 20 long as they were prepared and trained. 21 It doesn't take a specialist to 22 deal with a constituent problem. In your 23 office, Senator, and in mine, I have people who 7164 1 deal with hundreds of separate issues. I don't 2 have a hundred of people dealing with a hundred 3 different issues. I have one person that deals 4 with hundreds of different issues. 5 The same approach is being taken 6 here. And I wouldn't be overly sensitive in 7 terms of that there is some devious motivation 8 here in trying single out any group of people, 9 because there isn't. If you look at what was 10 contemplated and proposed, it cuts across the 11 whole structure of government in New York 12 State. All of it. All of it. 13 SENATOR WALDON: Would the 14 gentleman continue to yield? 15 ACTING PRESIDENT SPANO: Senator 16 Bruno continues to yield. 17 SENATOR BRUNO: Yes. 18 SENATOR WALDON: Thank you, Mr. 19 President. I assume, Senator Bruno, when you 20 said I would not be overly sensitive, you are 21 really saying to Al Waldon, "Al Waldon, please 22 don't be overly sensitive my eliminating the 23 Advisory Committee for Black Affairs..." - 7165 1 which, by the way, was the result of an idea I 2 had when an Assemblyman -- "...the Office of 3 Hispanic Affairs, the Division for Women, the 4 Office of Volunteer Services, the Martin Luther 5 King Jr. Institute for Nonviolence and the 6 Martin Luther King Commission, that I as an 7 African-American legislator representing a 8 predominantly African-American, Latino community 9 should not be overly sensitive that you were 10 eliminating services for those people. 11 Let's assume that I'm not. I 12 can't guarantee that I'm not, but let's assume 13 that I am not. I am intrigued still. And if I 14 may, Senator, ask you again to give some 15 information about $97 million, because $97 16 million is an awful lot of money, and I would 17 like you at this time to respond to my question 18 as to how this $97 million is saved without any 19 input from the AFL-CIO or from the employees of 20 these various and sundry agencies that you are, 21 in my opinion, wreaking such havoc for. 22 SENATOR BRUNO: Senator, 23 communication sometimes is a very difficult 7166 1 art. It's an art not a science. I say 2 something, you hear something different. You 3 say something, I hear something different. 4 That's a problem that all of us have many, many 5 times. 6 You talk about if you go to a 7 doctor and the doctor is not there, how do you 8 get the service; but if there were ten doctors 9 there and it was determined that five doctors 10 could be of service, when you to go the doctor, 11 there's five instead of ten. You still get 12 medical treatment. That is the approach that's 13 being taken here. 14 Now, in that instance, you save 15 the salary and the overhead and offices and 16 secretaries of five doctors. That doesn't mean 17 you don't get the medical attention you need, 18 does it? No. And the same approach is taken 19 here. 20 What we're saying is there's too 21 many doctors. There are too many doctors in 22 state government, too many offices, too many 23 people servicing those offices, and it's about 7167 1 time that we recognize that. You know, Senator, 2 it's not an accident that U.S. News and World 3 Report - 4 SENATOR WALDON: Mr. President. 5 ACTING PRESIDENT SPANO: Senator 6 Waldon. 7 SENATOR WALDON: I'm really 8 trying to hear the learned gentleman, and I'm 9 having difficulty. 10 ACTING PRESIDENT SPANO: Your 11 point is well taken, Senator Waldon. 12 Please ask the members and the 13 staff to take the conversation outside the 14 chamber. Once again, ask that we restrict the 15 traffic in the rear of the chamber. 16 Senator Bruno. 17 SENATOR BRUNO: Thank you very 18 much, Mr. President, and thank you Senator. 19 I was just going to cite -- and I 20 think it's all of us recognize what's going on 21 in this state. U.S. News and World Report 22 spring edition reported to the world that New 23 York State ranks 48th in economic recovery in 7168 1 this country -- 48 out of 50 states. That's 2 dismal. That's pain. That is suffering with 3 your people, my people, all the people, out of 4 jobs, out of work. Why? The cost of doing 5 business in New York State is prohibitive. 6 Forty-two percent of all jobs 7 lost in the country in the last four years come 8 from New York State. Why? The cost of doing 9 business is prohibitive. The overregulation is 10 smothering. That's the message that we're 11 getting. 12 U.S. News and World Report is 13 being objective. We rank 48. Now, do we just 14 stick our heads in the sand and ring our hands? 15 No, we don't. We do things like this. We 16 consolidate. We create efficiency. We create 17 performance plans. We create accountability. 18 And we don't eliminate services. We make them 19 more efficient, less costly. 20 People can work in this state. 21 They can live in this state. They can pay the 22 taxes, because they can afford them, Senator. 23 That's the bottom line. We're not trying to 7169 1 hurt people. We were trying to help people. 2 SENATOR WALDON: Thank you very 3 much, Senator Bruno. 4 Mr. President. If I may, on the 5 bill. 6 ACTING PRESIDENT SPANO: Senator 7 Waldon on the bill. 8 Excuse me, Senator Waldon. 9 Senator Present. 10 SENATOR PRESENT: Senator Waldon, 11 may I interrupt for a moment? 12 SENATOR WALDON: Absolutely, Mr. 13 President. 14 SENATOR PRESENT: Mr. President. 15 I would like to call an immediate meeting of the 16 Rules Committee in Room 332. 17 ACTING PRESIDENT SPANO: 18 Immediate meeting of the Rules Committee in Room 19 332. 20 Senator Waldon, on the bill. 21 SENATOR WALDON: Thank you very 22 much, Mr. President. 23 Senator Bruno, I'm wouldn't want 7170 1 to characterize your responses to me as 2 patronizing, but I don't think that you were 3 either clear and genuine in your responses, but 4 maybe that was unintentional. Maybe you didn't 5 really understand my questions, and maybe you 6 really didn't understand what this legislation 7 appears to be. 8 From my side of the table, 9 talking about perception, it seems here as if 10 you have been very insensitive to the employees 11 in these agencies that you are going do impact 12 with this proposal. From my side of the table, 13 it appears that you have eliminated 14 consideration from the labor movement. 15 I am very pleased to say in those 16 things I have read about certain private sector 17 enterprises in the nation of Japan, where they 18 have a collaborative, cooperative effort between 19 management and worker, it seems to do very 20 well. You haven't considered that at all here. 21 From my side of the table, 22 though, that which I find most distressing and 23 most disturbing is that for whatever reason you 7171 1 say the final and bottom line is that you are 2 eliminating programs which have a very important 3 place in the lives of certain people of the 4 state, and it sends a signal. 5 To eliminate the Advisory 6 Committee For Black Affairs sends a signal that 7 maybe the black folk aren't as important as they 8 used to be. 9 To say that we're going to 10 eliminate the Division For Women -- and, 11 Senator, more women vote than men. The hand 12 that rocks the cradle controls the ballot box. 13 I am not going to be so foolish as to support 14 anything which raises the ire of the distaff 15 side of the voting population. I think that's a 16 mistake. I think that's the wrong signal. 17 But to eliminate the Martin 18 Luther King Jr. Institute for Nonviolence is 19 also equally as bad as those others. 20 So I would encourage my 21 colleagues to recognize that this may not be 22 blue smoke and mirrors, but it's certainly some 23 kind of smoke, and I would suggest that it is 7172 1 not in our best interest to do things which 2 damage the females in our state, which can anger 3 blacks and Latinos, and I would encourage us to 4 vote against this legislation. 5 I thank you, Mr. President, for 6 your indulgence. 7 ACTING PRESIDENT SPANO: Senator 8 Gold. 9 SENATOR GOLD: Thank you, Mr. 10 President. Will Senator Bruno yield? 11 ACTING PRESIDENT SPANO: Senator 12 Bruno, do you yield? 13 SENATOR BRUNO: Yes, Mr. 14 President. 15 ACTING PRESIDENT SPANO: Senator 16 Bruno yields. 17 SENATOR GOLD: First of all, 18 Senator Bruno, I was just curious. Do you have 19 any legislation that would consolidate school 20 districts on Long Island, Suffolk-Nassau County, 21 where I think everybody sort of agrees that the 22 proliferation of districts costs much, much too 23 much in education dollars, and we could save a 7173 1 lot of money by just consolidating those 2 district. 3 SENATOR BRUNO: Well, as you 4 know, I think the Governor in the "State of the 5 State," and the Governor has proposed over and 6 over, we have proposed and allocated money, to 7 study exactly what this approach is, 8 consolidation of school services all over the 9 state, Senator. 10 Do I have a bill specifically? 11 No. But the Governor has proposed this from the 12 "State of the State" messages. I have - 13 SENATOR GOLD: But we haven't 14 passed it. 15 SENATOR BRUNO: -- and I hope 16 that it hits the floor soon, we have a 17 regionalization bill for this region that we 18 live in that will propose the study and 19 recommendations to consolidate services here, 20 Senator, just as we're proposing for state 21 government. 22 So, yes, I think we're being 23 objective and fair. I don't think we're 7174 1 singling out any particular group or people or 2 geographic area. I think we're being fair in 3 the approach that's being taken here. 4 SENATOR GOLD: Will the Senator 5 yield to a question, Mr. President? 6 SENATOR BRUNO: Yes. Yes, 7 Senator. 8 SENATOR GOLD: Senator, when you 9 talk about consolidation, I just want to 10 understand one facet of it. 11 There is an advisory committee, 12 for example, for black affairs. Senator, do the 13 people who work for that advisory committee work 14 or are they sitting around every day on their 15 hands and not doing anything? 16 SENATOR BRUNO: Well, I'm not 17 there observing what they do hour to hour or 18 moment to moment, but I assume that people are 19 making contributions as are required by them. 20 SENATOR GOLD: Well, Senator, 21 under your legislation, I mean do you anticipate 22 that they will now under the consolidation be 23 working under some other agency or are we just 7175 1 firing them? 2 SENATOR BRUNO: No, I would feel 3 that most people would be working within another 4 framework, another agency that would be larger 5 than the entity that they are presently working 6 in. What I would also anticipate is that if 7 there is the consolidation of six entities that 8 there might be five less offices. There might 9 be five less power bills, telephone bills, 10 leasing bills, cleaning bills, all of the kinds 11 of things that it takes to maintain thousands of 12 offices throughout the state, and many of those 13 offices don't provide one bit of service. 14 People, I think ought to be protected because 15 it's people that deliver the services. 16 SENATOR GOLD: Senator yield to a 17 question? 18 SENATOR BRUNO: Yes. 19 SENATOR GOLD: Senator, if you're 20 telling me that the people are going to now, 21 instead of being in a small agency, be part of a 22 larger agency, where is the saving? Senator, 23 doesn't each of those people still need their 7176 1 desk? It may be a desk that you don't call the 2 desk of the Advisory Committee on Black 3 Affairs. But if they are now part of a larger 4 agency, it's still a desk. They're still going 5 to have a lamp. They are still going to have an 6 office. 7 So in what you have just 8 described, Senator, you've saved nothing. You 9 say that you get rid of five offices and five 10 powers and five desks, but if you're telling me 11 that the people are now going to be only part of 12 one total name but the people are still there, 13 they still need their pencils, they still need 14 the lamp lights. 15 So, Senator, you haven't done 16 anything under what you've just described. 17 SENATOR BRUNO: Well, Senator, 18 let me respond in part this way. Maybe you have 19 been reading and viewing that the Governor has 20 proposed the erection of a multi-story new 21 office building here in Albany. Why? Why did 22 the Governor recommend that? 23 The Governor recommended that 7177 1 because he wants to consolidate offices. He 2 wants to do exactly what we have described in 3 this legislation. Now, I didn't hear you or 4 anyone else criticizing the Governor for that 5 proposal. He is doing exactly what we're 6 recommending here throughout the state. Why the 7 silence in that instance? 8 He says he is going to save 9 millions of dollars. I hope he's right. 10 SENATOR GOLD: Will Senator yield 11 to a question? 12 SENATOR BRUNO: Yes, Senator. 13 SENATOR GOLD: Senator, I'm not 14 leaving the point. I want to stay with the 15 point. Now, you put the bill out, and I'm in no 16 hurry, Senator Bruno. I think that if you 17 worked hard enough to come up with a 77 or 78 18 page proposal that I owe it to you, Senator, to 19 take it seriously, and I'm not in any rush. So 20 I'm going to go back again. 21 You said a moment ago that if you 22 consolidated six agencies into one umbrella 23 agency, you save five office buildings, you save 7178 1 five offices, you save five powers, you save 2 five electrics. On the other hand you say that 3 these employees will now be retained. They are 4 working, and these employees will be retained 5 under the one agency. 6 You have to explain to me, how 7 there is a savings, if those employees are now 8 -- instead of the employees of six, they are 9 employees of one but they still have their desk, 10 and they still have their telephone and they 11 still have their pads, et cetera, et cetera. So 12 where is the savings? 13 SENATOR BRUNO: Senator, as I 14 indicated before, I apparently am a very poor 15 communicator, because I have been trying - 16 Senator Leichter is nodding his head yes. I 17 have been trying to explain the position that is 18 represented in this legislation, and I'm not 19 doing well at it. 20 SENATOR GOLD: Maybe the answer 21 doesn't exist, Senator. 22 SENATOR BRUNO: Oh, no. 23 SENATOR GOLD: Maybe you are a 7179 1 great communicator. 2 SENATOR BRUNO: No, it does. 3 SENATOR GOLD: Maybe the truthful 4 answer doesn't exist. 5 SENATOR BRUNO: When you look at 6 the list that was recommended for consolidation, 7 if you take a look at this and you do some 8 adding and subtracting, you come up with some 9 very large numbers. Our estimate was by 10 implementing this legislation, you save 11 approximately $100 million, and you do not 12 diminish the service that's being offered to the 13 public here in New York State. 14 SENATOR GOLD: Fine. Will the 15 Senator yield to a question? 16 SENATOR BRUNO: Yes. 17 SENATOR GOLD: Senator, I think 18 you are a great communicator, but maybe the 19 questions are just too broad and too fast, so I 20 will just slow it down a little bit. 21 We discussed the Advisory 22 Committee for Black Affairs. What about the 23 Office of Hispanic Affairs. As far as you know, 7180 1 Senator, are those employees sitting on their 2 hands every day, or are they doing the work they 3 are being paid to do? 4 SENATOR BRUNO: I think they are 5 diligent and doing the work that they are being 6 paid to do as most state employees are. 7 SENATOR GOLD: All right. Fine. 8 So, Senator, they are being paid to do this 9 work. So now you are not suggesting -- since 10 you said that the people will not lose one 11 service, you are not suggesting that they be 12 fired. You are saying there is going to be some 13 kind of agency consolidation. 14 SENATOR BRUNO: Yes. 15 SENATOR GOLD: Is that correct. 16 SENATOR BRUNO: Yes. 17 SENATOR GOLD: All right. So, 18 Senator, if you don't fire them, you are not 19 saving the amount of their salaries, are 20 you? 21 SENATOR BRUNO: That's correct. 22 SENATOR GOLD: All right. Now, 23 Senator, if you don't fire them and they now 7181 1 come to work and they were used to sitting at a 2 desk and you still have the desk, you didn't 3 save the money on getting rid of furniture; 4 right? You still have the desk. 5 SENATOR BRUNO: Well, you still 6 have a desk if people are working - 7 SENATOR GOLD: Good. 8 SENATOR BRUNO: -- there in that 9 facility, yes. 10 SENATOR GOLD: Fine. Now, 11 Senator -- well, no matter what facility. Do 12 you mean to tell me you take them out of that 13 facility and you put them in a facility with no 14 desk? Is that the way you are going do save the 15 money? They are going to have their desk, 16 aren't they? 17 SENATOR BRUNO: Well, it all 18 depends. Maybe this calls for ingenuity, 19 imagination, thoughtfulness, not doing business 20 as usual. Maybe some of these people will come 21 up with recommendations that they get rid of 22 their desks, that they go out and see their 23 constituents, okay, instead of sitting on 7182 1 their -- whatever they sit on -- their chairs, 2 waiting for people to come to them. 3 And, Senator, that is not a bad 4 idea. Okay. And also one thing that you are - 5 any of you are focusing on. People leave state 6 service every day. Senator, you know that 7 people leave state service every day. You know 8 that, Senator. 9 SENATOR GOLD: Yes. 10 SENATOR BRUNO: They leave every 11 day. 12 SENATOR GOLD: If that's a 13 question to me, I know it. But I assume that if 14 they are doing the work we need and if they 15 leave, we'll hire somebody else because we want 16 that work done. 17 But, Senator, you had a great 18 idea. Maybe they ought to use their imagination 19 and their ingenuity and not sit at the desk and 20 go out and meet people. Then, Senator, I guess 21 we will have to pay for their transportation or 22 buy them a car. 23 Senator, how do you figure that 7183 1 cost compared to the cost of their desk and 2 their telephone? 3 SENATOR BRUNO: Well, I would 4 think in New York City, for instance, they would 5 walk if they were within four, five or six 6 blocks. I don't think they need a car or do 7 anything else. 8 SENATOR GOLD: Yes. And, 9 Senator, all the constituents that they are 10 dealing with within four or six blocks? In 11 other words, the Office of Hispanic Affairs is 12 located within four or six blocks of every 13 Hispanic New Yorker that needs their help? Are 14 you serious? 15 SENATOR BRUNO: No, I'm not. In 16 that instance, they would need transportation, 17 Senator. 18 SENATOR GOLD: Pardon me. 19 SENATOR BRUNO: They would need, 20 then, transportation. 21 SENATOR GOLD: Yes, I would think 22 so. But, Senator, the Martin Luther King Jr. 23 Institute for Nonviolence, how many employees 7184 1 are there there, Senator? 2 SENATOR BRUNO: I don't have the 3 exact number here before me. Maybe you know. 4 Do you know? 5 SENATOR GOLD: No, I mean I 6 didn't put them in. I figured when you put them 7 in to disband them, you must have known how many 8 employees you were getting rid of. You must 9 have known how many desks you were getting rid 10 of. Let me ask you. How many people are 11 involved in that? 12 SENATOR BRUNO: The assistants 13 that helped put this together have the numbers 14 in their worksheets, I'm sure. I wouldn't find 15 them if they are in the bill. They are in the 16 worksheets, Senator. 17 But please don't overlook what I 18 am saying. People leave state government every 19 day. Thousands and thousands of people leave. 20 You don't have to fire anyone. You don't have 21 to lay anybody off. 22 As people leave, you consolidate 23 their services. There are offices that have 7185 1 people in them that are not working eight hours 2 a day feverishly. They might have calls and 3 requirements that might take less than eight 4 hours, less than the time that they are there. 5 When they leave, their duties are taken over by 6 someone else, and their jobs are not replaced. 7 SENATOR GOLD: Well, Senator, if 8 you'll yield for a question. It may - 9 (Whereupon, Lt. Governor Lundine 10 was in the chair.) 11 THE PRESIDENT: Senator Cook. 12 SENATOR COOK: Will the Senator 13 yield for just a moment? 14 SENATOR BRUNO: Yes. 15 SENATOR COOK: I think that an 16 example, Senator, of what the Senator is trying 17 to get at is before us, because I notice that 18 the Lieutenant Governor and Senator Oppenheimer 19 are sharing a chair. Now this is precisely what 20 we're envisioning is going to happen when this 21 legislation is passed. 22 SENATOR BRUNO: That's very good. 23 That's very efficient. Thank you, Charles. 7186 1 SENATOR GOLD: I notice, Senator 2 -- I notice, Senator, that we -- if that's a 3 suggestion for the house, Senator Rath has said, 4 No matter what you guys say, she wants her own 5 chair. At any rate. 6 Senator, let me go back. You're 7 saying, Senator, that there are people out there 8 who, quotes, may not be working eight hours and, 9 therefore, we can consolidate if they leave. 10 Senator, I think it's insulting 11 to suggest that it's the Black Affairs, Hispanic 12 Affairs, Women, Martin Luther King, that those 13 are the people where you are going to find all 14 these lazy bums working in state government. 15 Senator, these people deserve more than that. 16 I'm sure you didn't mean that. 17 At any rate, let me continue. 18 You also have, if I'm reading your memo properly 19 -- you want to eliminate the Consumer 20 Protection Board and put it in the State 21 Attorney General's Office. When you make that 22 transfer, Senator, are you going to transfer all 23 those employees from the Consumer Protection 7187 1 Board and now make them employees of the State 2 Attorney General's Office. 3 SENATOR BRUNO: Probably not. 4 The positions would be reviewed as they were 5 consolidated. Those that were duplications 6 would be eliminated either by transferring 7 people into other places where they were needed 8 or through attrition. Attrition, Senator. 9 SENATOR GOLD: Senator, that word 10 attrition is a convenient word, but right now 11 you have people that are working. Are you 12 telling us that there are people at the Consumer 13 Protection Board that are not doing the 14 consumers' work, that we don't need them? Is 15 that part of your philosophy? 16 SENATOR BRUNO: I'm saying that 17 some of the services they provide are also 18 provided through the Attorney General's Office, 19 or could be, and that represents duplication, 20 excessive cost to the taxpayers, and the kind of 21 thing we have to eliminate. 22 SENATOR GOLD: Senator, if they 23 are doing similar work, but they're doing 7188 1 different work on different issues with 2 different people then that -- whether you call 3 it one group or another or a consolidated group, 4 those people are still there doing work, isn't 5 that true, Senator Bruno? 6 SENATOR BRUNO: Yes, they are. 7 SENATOR GOLD: Senator, will you 8 turn to page 57 of your bill. 9 SENATOR BRUNO: 57? 10 SENATOR GOLD: Yes. You got 79 11 pages. I assume we're allowed to discuss them. 12 On page 57, line 26, it says, "Any cable 13 television company may initiate a civil 14 proceeding within the appropriate courts of the 15 state to collect any rates, charges, or fees 16 duly imposed in accordance with applicable law." 17 Senator, giving cable companies 18 the right to go into court and sue, what does 19 that have to do with consolidation of agencies? 20 SENATOR BRUNO: This simply 21 transfers existing law into the Public Service 22 Law if this consolidation takes place. This is 23 not new. This is present law being transferred. 7189 1 SENATOR GOLD: Senator, out of 2 the 79 pages, how many of the pages are present 3 law where sections are being transferred. 4 SENATOR BRUNO: Well, as you look 5 through this bill, you will see that a lot what 6 is indicated is present law. This bill which is 7 80 pages - 8 SENATOR GOLD: 79 pages. 9 SENATOR BRUNO: -- 79 pages is 10 not all new language, and you can see that by 11 flipping the pages. 12 SENATOR GOLD: Well, Senator, the 13 only thing I can see from flipping the pages, 14 page 45, 44, it's all underlined as new 15 language. Page 46, 47, all underlined, 48, 49. 16 I don't know what you are talking about, 17 Senator. Most of what I see is underlined as 18 new language. 19 Now, I'm only asking you, is it 20 really knew language, or is it just language 21 that's being replaced from one section to 22 another. 23 SENATOR BRUNO: It's language in 7190 1 many instances being replaced from one section 2 to another. 3 SENATOR GOLD: Mr. President. On 4 the bill. 5 I think Senator Waldon made some 6 really excellent points. I mean it's got to be 7 embarrassing to come out here and say that there 8 are mythical accountants and hidden experts and 9 hidden staff people who say that if we do this 10 we're going to save $100 million. 11 Since, Senator Bruno, it will 12 never be a law, we can't prove it one way or the 13 other. But when you start to take it apart and 14 you take what you say, Senator Bruno, that you 15 are not going in here with mass firings; that, 16 well, if there is an attrition system and if, in 17 fact, someone doesn't have to be replaced, we 18 can save something, that's not $100 million, 19 Senator. 20 When you eliminate six groups or 21 agencies and say that they will now all be there 22 but they will be under one agency and the desks 23 are going to be there and the telephones are 7191 1 going to be there, and the papers are going to 2 be there, you are not saving a penny no less 3 $100 million. 4 Senator, I think that in many 5 ways the bill is insulting. It is insulting 6 because aside from the Consumer Protection 7 Board, which obviously deals with the public and 8 their problems, the Cable Television Commission 9 which obviously was set up to protect consumers 10 and deal with that, you eliminate that. The 11 Human Rights Division, I mean these are all 12 people services, Senator. They are all people 13 services. 14 And then when it comes to the 15 group that was referred to by Senator Mendez, 16 Black Affairs, Hispanic Affairs, Women, 17 Volunteers, Martin Luther King. The bill has a 18 flavor which is insulting to many of the people 19 here and to their constituencies, and I think 20 that is almost enough reason to oppose the bill. 21 SENATOR LEICHTER: Mr. President. 22 THE PRESIDENT: Senator Leichter. 23 SENATOR LEICHTER: Yes. Mr. 7192 1 President. I think that Senators Mendez, Gold, 2 and Waldon have pointed out certainly what 3 really underlies this bill, which is part of the 4 Republican philosophy of certain groups that 5 they ignore, that they don't care for, and so 6 on. And to say that the purpose of this bill is 7 cost-saving I think is to claim something for 8 the bill that's really not its purpose. 9 If you really look at this bill 10 what you find is to a large part it's a 11 patronage grab. It's a patronage grab, because 12 what this bill does is to change the Civil 13 Service Commission and to give, in effect, an 14 appointment to the Majority Leader and the 15 Speaker, and then to require that certain 16 actions of the Civil Service Commission must be 17 done unanimously. So it's an effort to give the 18 Republicans in the Senate a veto power over a 19 lot of hiring in the State of New York. 20 Cost saving, trying to help the 21 taxpayers, trying to reduce waste in 22 government? Humbug. 23 Senator Bruno, this is, one, to 7193 1 get rid of groups that the Republican Party has 2 never cared about -- African-Americans, Women, 3 people who are disadvantaged, Latinos, and it's 4 an effort to grab jobs. That's what this bill 5 is about. And the idea of saying we're going to 6 have savings of $100 million. Where are these 7 savings? Well, there's a staff person, and he 8 has that somewhere in his desk. 9 Although after of the suggestion 10 that was made here about desks it may be that 11 the next bill we're going to see by Senator 12 Bruno is a bill eliminating all desks in state 13 government to save money. 14 Do you know what the biggest 15 waste is. Let me tell you what really costs the 16 taxpayers, a 79-page bill that's an one-house 17 bill, that is not an honest bill, that has as 18 its effort and aim, as I said, to give the 19 Republican Party control over state hiring and 20 firings and classifications. That's what is a 21 waste. 22 Mr. President. This bill really 23 does not deserve to be here at any time but 7194 1 certainly not on July 1 when we are told we're 2 going to try to get out. What are we doing with 3 this bill here on July 1 or at at any time. 4 THE PRESIDENT: Senator 5 Markowitz. 6 SENATOR MARKOWITZ: Thank you 7 very, very much. I know Senator Bruno enjoys 8 this debate enormously. I know whenever 9 questions are asked of you, Senator Bruno, my 10 neighbor, I know that you really, really enjoy 11 these conversations, and I notice your 12 enthusiasm in knowing the kind of reaction that 13 will be coming from us. 14 By the way, I'm happy that 15 Senator Pataki is here, too, because I'm eager 16 to hear how he feels about the elimination of 17 some of these agencies, and I know that many New 18 York residents might be very interested as 19 well. That is an important bill, especially for 20 that particular member of the Senate. 21 Let me just say that the reason 22 why these agencies were created in my opinion, 23 especially those of African-American Affairs and 7195 1 Latino Affairs, was due to the fact, Senator 2 Bruno -- due to the fact that when they 3 originated as part of larger agencies, the 4 priorities of those larger agencies pretty much 5 stifled the interests that these smaller 6 agencies were created to serve; because what 7 happens when they are put into larger agencies 8 and the agencies have to shuffle down in terms 9 of size, the majority interests of those 10 agencies take priority; and, therefore, those 11 that are serving in this case African-American, 12 Latino, et cetera, their concerns will be 13 minimized, and that's something that we 14 shouldn't forget. 15 They were created because the 16 truth of the matter is, Senator, regrettably, in 17 our society that African-Americans and Latinos 18 still disportionately in poverty, still 19 disportionately struggling, and still lingering 20 in this state of racism, and that's true. Until 21 every ethnic in this society and in New York 22 State can truly say that they are 100 percent 23 part of the mainstream of society and enjoy all 7196 1 the benefits that all of us aspire for, then 2 perhaps, I hope my lifetime, that we won't need 3 these specific agencies to look after the needs 4 of these major groups of New York residents. 5 So I'm very concerned about that, 6 Senator Bruno, even though he is not in the 7 chamber right now. Hopefully he is in the 8 member room. He can hear me in between his cup 9 of coffee or tea or soda. 10 But let me also add, if I may, 11 Senator Bruno, that this is a classic -- what 12 we're discussing here this evening is a classic 13 struggle between Republicans and Democrats, to a 14 large degree, and basically what he is 15 suggesting, Senator Bruno, is that perhaps 16 government ought to emulating businesses more, 17 slash, cut, slash, consolidate, cut, slash. 18 Well, I argue, Senator Bruno, 19 that you can't run government as a business. 20 The Republicans, many of you believe that we 21 ought to run government as a business. I 22 disagree; because if I don't want to buy a 23 General Electric bulb, I have a choice to buy a 7197 1 Westinghouse bulb. If I don't want to buy Kodak 2 film, I can buy Fuji film or vice versa, 3 whatever it may be. That's the consumer 4 marketplace. But in government, the people in 5 government that need our help have us to turn 6 to. We can't turn people away, and we shouldn't 7 turn people away. 8 Government must be there to 9 provide a helping hand, even if we don't turn a 10 profit, because that's not the objective of 11 government to turn a profit. And in this case, 12 the consolidations that Senator Bruno has 13 brought to our attention and the ways that it's 14 been outlined here in the agencies that it 15 impacts, it doesn't surprise me, Senator. It 16 doesn't surprise me. 17 Those agencies that are impacted, 18 the people to a large degree those in greatest 19 in need in our society are the ones that, 20 quotes, will be consolidated out. 21 And so I would hope that this 22 bill will fly after it leaves here a very short 23 life, only past these doors and somehow will not 7198 1 make it over to the other side and certainly not 2 down to the second floor, that's for sure. But 3 I hope that my colleagues will join us in 4 opposing this. 5 And let me just say, Senator 6 Bruno, that nobody is arguing that some 7 consolidations -- certainly -- listen, none of 8 us would say that where there are true 9 duplications, and I mean this most sincerely, 10 especially in some of the other agencies 11 outlying, other than the ones impacting 12 African-Americans, Latinos and Women groups, 13 certainly if there are agencies that can be 14 consolidated, where we can maximize productivity 15 and not minimize services, I'm sure that all of 16 us would be eager to hear and be eager to work 17 with you, Senator Bruno, or with our Governor, 18 certainly, in that goal. It's a laudable goal. 19 But the way you are approaching 20 it here in this particular bill, regrettably, 21 Senator, I'm sorry I hope we defeat it. 22 And, by the way, Senator Pataki, 23 I hope you join us in this because I know that 7199 1 residents of New York, African-Americans, 2 Latinos, and Women will also be interested in 3 your votes as well. 4 Thank you. 5 THE PRESIDENT: Last section. 6 SENATOR MONTGOMERY: Mr. 7 President. 8 THE PRESIDENT: Senator 9 Montgomery. 10 SENATOR MONTGOMERY: Yes, Mr. 11 President. I just rise as one of the sponsors 12 of the Martin Luther King Commission to 13 particularly object to this legislation, and I 14 think that the disturbing aspect of that 15 proposal to me, at least part of it, is that a 16 few weeks ago, about a month ago, there was a 17 community school board member from the borough 18 of Queens, the county of Queens, I believe, who 19 stood up and said that we should remove books 20 about Martin Luther King Jr. from the school and 21 the school libraries, and that gentleman 22 apparently is still advocating such a move, to 23 the shame I think of all of us in this room. I 7200 1 was shocked and saddened by that statement. 2 And I think that what is 3 happening here is Senator Bruno's legislation, I 4 guess, which ultimately intends to consolidate 5 to save money, I would suppose that's the point 6 of Senator Bruno's legislation, it eliminates, 7 in fact, some extremely important agencies that 8 represent very important things. 9 The Martin Luther King 10 Commission, Senator Bruno, was established as a 11 vehicle to teach nonviolent conflict resolution, 12 especially to young people in the State of New 13 York, and it has done that quite successfully. 14 In addition to that, the Martin 15 Luther King Commission sponsors each year a 16 number of students in what is called the Ella 17 Baker Institute who participate in a training 18 session, a leadership training session, who have 19 an opportunity to visit and work with people who 20 are in the Martin Luther King Institute for non 21 violence in Atlanta, Georgia, and who also have 22 an opportunity to visit colleges in the South 23 and be introduced to people who they would 7201 1 otherwise not have an opportunity to meet. It 2 is a very important leadership training for 3 young, particularly minority youngsters, and the 4 commission works with students around the state, 5 both minority and non-minority as the State's 6 own voice to teach peaceful coexistence with 7 each other, among ourselves, and so I am sure, 8 Senator Bruno, you don't want to or intend to 9 eliminate such an important state agency, and 10 I'm sure that Senator Bruno does not want to 11 stand in the same light as the school board 12 member from Queens who I think represents the 13 worst of people in New York State; and that is, 14 people who allow their prejudices their bigotry, 15 their ignorance, to become part of their 16 projection of who they are and what they are, 17 especially as it relates to those of us who are 18 in leadership positions. 19 So, Senator Bruno, I hope that 20 you would consider amending your legislation so 21 that you remove those aspects which, in any way, 22 send a message that you want to join forces who 23 would say that the essence and the life of 7202 1 Martin Luther King, Jr., in particular -- as 2 well as some of the other agencies, but in that 3 one in particular, have no meaning because I 4 think you want to support what they represent as 5 well as anyone else. 6 Thank you, Mr. President. 7 THE PRESIDENT: Senator Espada. 8 SENATOR ESPADA: Thank you. 9 Would the sponsor yield to a very quick 10 question? 11 SENATOR BRUNO: Yes. 12 SENATOR ESPADA: Senator Bruno, 13 it's clear that most of the conversation that 14 took place before this on -- I will see if I can 15 find it, essentially page 33 to 46, I personally 16 share your views of making government more 17 efficient, promoting this fairly actively. You 18 say six lines, and you remove -- you indicate 19 that perhaps we misunderstood. 20 Let us remove that 21 misunderstanding. Let us consider the lines 36 22 through 52 as essentially putting all of these 23 proper names, for all the others because this 7203 1 particular 46 to 52 seeks to eliminate nation 2 ality, national origin, and attempts to hold 3 responsible and essentially to eliminate in what 4 seems to be obviously the overriding concern, 5 and that seems to be a deletion of those lines, 6 why, then we can move on, as it were. 7 SENATOR BRUNO: Senator and 8 colleagues, with the approach that this bill in 9 its present form wants to go, and it was put 10 together at great effort, not in a cavalier way 11 but very sincerely to create the debate that we 12 have here today. There are differences of 13 opinion in this room on what would be the best 14 way to approach consolidation and the cost 15 savings that all of us would like to achieve 16 without giving up services and responsiveness. 17 There are people in this chamber 18 that would draft this legislation differently. 19 They weren't conferred with; they didn't have 20 input, so as we progress along, I would like to 21 see this bill pass in its present form because 22 it's the bill that we have before us. As we 23 move forward to accomplish the objectives that 7204 1 are represented here, yes, I am, and the others 2 are open to discussion and conversation so that 3 if there's any proof that particular people are 4 going to lose services that are critical to 5 their quality of life, well, yes, we don't want 6 that to happen. 7 Thank you. 8 THE PRESIDENT: Last section. 9 SENATOR STACHOWSKI: Slow roll 10 call. 11 THE PRESIDENT: Slow roll call is 12 requested. 13 THE SECRETARY: Section 182. 14 This act shall take effect on April 1, 1995. 15 THE PRESIDENT: Evidently a 16 sufficient number of Senators have requested a 17 slow roll call. Secretary will call the roll. 18 SENATOR STAFFORD: Mr. President. 19 THE PRESIDENT: Senator 20 Stafford. 21 SENATOR STAFFORD: I'm going to 22 interrupt, and I apologize. Could I please 23 announce an immediate meeting of the Committee 7205 1 on Finance in Room 332. Thank you. 2 THE PRESIDENT: Finance Committee 3 meeting immediately in Room 332. The appropri 4 ate notices will go forth to the Senators that 5 there is a slow roll call. 6 THE PRESIDENT: Senator 7 Stafford. 8 SENATOR STAFFORD: Could I have 9 my name called out of order? 10 THE SECRETARY: Senator 11 Stafford. 12 SENATOR STAFFORD: Aye. 13 THE PRESIDENT: Senator 14 Hoffmann. 15 SENATOR HOFFMANN: Aye. 16 THE SECRETARY: Senator Jones. 17 SENATOR JONES: Aye. 18 THE SECRETARY: Senator Smith. 19 Senator Smith, you going to Finance? 20 Senator Daly. 21 SENATOR DALY: Yes. 22 THE SECRETARY: Senator Tully. 23 SENATOR TULLY: Aye. 7206 1 THE SECRETARY: Senator Trunzo. 2 SENATOR TRUNZO: Yes. 3 THE SECRETARY: Senator Mendez. 4 SENATOR MENDEZ: No. 5 THE SECRETARY: Senator Skelos. 6 SENATOR SKELOS: Yes. 7 THE SECRETARY: Senator Johnson. 8 SENATOR JOHNSON: Aye. 9 THE SECRETARY: Senator Marchi. 10 SENATOR MARCHI: Aye. 11 THE SECRETARY: Senator Gold. 12 SENATOR GOLD: No. 13 THE SECRETARY: Senator Connor. 14 SENATOR CONNOR: No. 15 THE SECRETARY: Senator Nanula. 16 SENATOR NANULA: No. 17 THE PRESIDENT: The Chair will 18 indicate that we are now asking for the Senators 19 who are on the Finance Committee to vote so that 20 they can go and attend their Finance Committee 21 meeting. Are there other Senators on the 22 Finance Committee who wish to vote? 23 THE SECRETARY: Senator LaValle. 7207 1 SENATOR LAVALLE: Aye. 2 THE SECRETARY: Senator Levy. 3 SENATOR LEVY: Aye. 4 THE SECRETARY: Senator 5 Stachowski. 6 SENATOR STACHOWSKI: No. 7 THE SECRETARY: Senator 8 Montgomery. 9 SENATOR MONTGOMERY: No. 10 THE SECRETARY: And Senator 11 Leichter. 12 SENATOR LEICHTER: No. 13 THE SECRETARY: Senator Padavan. 14 SENATOR PADAVAN: Aye. 15 THE SECRETARY: Senator Bruno. 16 SENATOR BRUNO: Aye. 17 THE SECRETARY: Senator Farley. 18 SENATOR FARLEY: Aye. 19 THE SECRETARY: Senator Velella. 20 SENATOR VELELLA: Aye. 21 THE SECRETARY: Senator Babbush. 22 (There was no response.) 23 THE SECRETARY: Senator Present. 7208 1 SENATOR PRESENT: Aye. 2 THE SECRETARY: Senator Galiber. 3 SENATOR GALIBER: No. 4 THE SECRETARY: Senator Babbush. 5 (There was no response.) 6 THE SECRETARY: Senator Cook. 7 SENATOR COOK: Yes. 8 SENATOR KUHL: Now alphabetical 9 order, Secretary. 10 THE SECRETARY: Senator Bruno 11 voting in the affirmative. Senator Connor 12 voting in the negative. 13 Senator Cook. 14 SENATOR COOK: Yes. 15 THE SECRETARY: Aye. 16 Senator Daly voting in the 17 affirmative. 18 Senator DeFrancisco. 19 SENATOR DeFRANCISCO: Yes. 20 THE SECRETARY: Senator DiCarlo. 21 SENATOR DiCARLO: Aye. 22 THE SECRETARY: Senator 23 Dollinger. 7209 1 SENATOR DOLLINGER: Mr. 2 President. To explain my vote. 3 THE PRESIDENT: Senator Dollinger 4 is recognized to explain his vote. 5 SENATOR DOLLINGER: Mr. 6 President. I will vote in the negative. I 7 think that this bill moves away from New York's 8 longstanding policy of - 9 THE PRESIDENT: There will be 10 order in the chamber. 11 Senator Dollinger. 12 SENATOR DOLLINGER: I think this 13 bill moves away from New York's longstanding 14 policy of greater inclusion and moves in the 15 wrong direction by excluding specific agencies 16 and specific parts of agencies that directly 17 address the problems of specific and substantial 18 constituencies in this state. 19 This bill, while the sponsor may 20 think it's going in the right direction, is 21 going in the wrong one. 22 THE PRESIDENT: How do you vote. 23 SENATOR DOLLINGER: Negative. In 7210 1 the negative. 2 THE SECRETARY: Senator 3 Oppenheimer. 4 SENATOR OPPENHEIMER: No. 5 THE SECRETARY: Senator Espada. 6 SENATOR ESPADA: No. 7 THE SECRETARY: Senator Farley 8 aye. Senator Galiber no. Senator Gold no. 9 Senator Gonzalez. 10 SENATOR GONZALEZ: No. 11 THE SECRETARY: Senator Goodman. 12 (There was no response.) 13 Senator Hannon. 14 SENATOR HANNON: Yes. 15 THE SECRETARY: Senator Hoffmann 16 aye. Senator Holland. 17 SENATOR HOLLAND: Yes. 18 THE SECRETARY: Senator Johnson 19 aye. Senator Jones aye. Senator Kruger. 20 (There was no response.) 21 Senator Kuhl. 22 SENATOR KUHL: Aye. 23 THE SECRETARY: Senator Lack. 7211 1 SENATOR LACK: Aye. 2 THE SECRETARY: Senator Larkin. 3 (There was no response.) 4 Senator LaValle aye. Senator 5 Leichter no. Senator Levy aye. Senator 6 Libous. 7 SENATOR LIBOUS: Aye. 8 THE SECRETARY: Senator Maltese. 9 SENATOR MALTESE: Aye. 10 THE SECRETARY: Senator Marchi 11 aye. Senator Marino. 12 SENATOR MARINO: (Indicating 13 "Aye.") 14 THE SECRETARY: Aye. Senator 15 Markowitz. 16 SENATOR MARKOWITZ: No. 17 THE SECRETARY: Senator Mendez 18 no. Senator Montgomery no. Senator Nanula no. 19 Senator Nolan. 20 (There was no response.) 21 Senator Nozzolio. 22 SENATOR NOZZOLIO: Aye. 23 THE SECRETARY: Senator 7212 1 Ohrenstein. 2 SENATOR OHRENSTEIN: (Indicating 3 "No.") 4 THE SECRETARY: No. Senator 5 Onorato. 6 SENATOR ONORATO: No. 7 THE SECRETARY: Senator 8 Oppenheimer no. Senator Padavan aye. 9 Senator Pataki. 10 (There was no response.) 11 Senator Paterson. 12 SENATOR PATERSON: Mr. 13 President. 14 THE PRESIDENT: Senator Paterson 15 is recognized to explain his vote. 16 SENATOR PATERSON: Mr. 17 President. I'm going to vote against this bill 18 because I feel that it actually undermines and 19 dismantles the whole purpose of many agencies 20 that have been formulated in this state to 21 provide greater assistance and to provide what 22 would in a sense be a liaison between 23 communities that have been afflicted with issues 7213 1 such as poor housing and substance abuse and 2 high unemployment. 3 They have low voter 4 registrations. These are neighborhoods that 5 have not been shown in the past that government 6 has a great interest in their survival; and 7 therefore, by having these special avenues with 8 which government can reach these particular 9 constituencies, we in the state have allowed 10 ourselves to have a better opportunity to serve 11 them. 12 Economically, it is not the 13 greatest impact on our budget to have these 14 agencies. What we get back is far more than 15 what we spend. We would certainly never close 16 down any of our correctional facilities because 17 it would be good for our budget because we would 18 then be allowing prisoners on the streets of our 19 cities and our counties in the state. And, 20 likewise, to consolidate these offices would be 21 to deny them the uniqueness and rare opportunity 22 that they have to serve previously ignored 23 constituencies such as they have. For that 7214 1 reason, I'm going to vote against this 2 legislation. 3 Thank you, Mr. President. 4 THE SECRETARY: Senator Goodman. 5 SENATOR GOODMAN: Aye. 6 THE SECRETARY: Senator Present 7 aye. Senator Rath. 8 SENATOR RATH: Aye. 9 THE SECRETARY: Senator Saland. 10 SENATOR SALAND: Aye. 11 THE SECRETARY: Senator 12 Santiago. 13 (There was no response.) 14 Senator Sears. 15 SENATOR SEARS: Aye. 16 THE SECRETARY: Senator Seward. 17 SENATOR SEWARD: Yes. 18 THE SECRETARY: Senator Skelos 19 aye. Senator Smith. 20 SENATOR SMITH: No. 21 THE SECRETARY: Senator Solomon. 22 SENATOR SOLOMON: No. 23 THE SECRETARY: Senator Spano. 7215 1 SENATOR SPANO: Aye. 2 THE SECRETARY: Senator 3 Stachowski no. Senator Stafford aye. Senator 4 Stavisky. 5 SENATOR STAVISKY: No. 6 THE SECRETARY: Senator Trunzo 7 aye. Senator Tully aye. Senator Velella aye. 8 Senator Volker, excused. Senator Waldon. 9 (There was no response.) 10 Senator Wright. 11 SENATOR WRIGHT: Aye. 12 THE PRESIDENT: Call the 13 absentees. 14 THE SECRETARY: Senator Babbush. 15 (There was no response.) 16 Senator Kruger. 17 SENATOR KRUGER: No. 18 THE SECRETARY: Senator Larkin. 19 SENATOR LARKIN: Aye. 20 THE SECRETARY: Senator Nolan. 21 (There was no response.) 22 Senator Pataki. 23 SENATOR PATAKI: No. 7216 1 THE SECRETARY: Senator Santiago. 2 (There was no response.) 3 Senator Waldon. 4 (There was no response.) 5 THE PRESIDENT: Secretary will 6 report the results. 7 THE SECRETARY: Ayes 35. Nays 8 21. 9 THE PRESIDENT: The bill is 10 passed. 11 SENATOR KUHL: Mr. President. 12 THE PRESIDENT: Senator Kuhl. 13 SENATOR KUHL: Yes. We would 14 like to move away from the active list number 1 15 and go to active list number 2 and have the 16 Secretary call that on noncontroversial basis. 17 Now, you will note that the first 18 five bills on that active list are on the first 19 calendar. The rest of the bills are on 20 Supplemental Calendar Number 1. So we will be 21 using two calendars on the second active list 22 ask the Secretary to call it noncontroversial. 23 THE SECRETARY: On page 9 of the 7217 1 regular calendar, Calendar Number 492, by Member 2 of the Assembly Feldman, Assembly Bill Number 3 9115A, an act to amend the Real Property Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 60. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: On page 27 of the 14 regular calendar, Calendar Number 1381, by the 15 Senate Committee on Rules, Senate Bill Number 16 8679, an act to amend the General City Law. 17 THE PRESIDENT: There is a home 18 rule message at the desk. 19 Last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 7218 1 THE SECRETARY: Ayes 60. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: On page 28 of the 5 regular calendar, Calendar Number 1397, by 6 Senator Johnson, Senate Bill Number 8020A, an 7 act to amend the Education Law. 8 SENATOR ONORATO: Lay it aside. 9 THE PRESIDENT: The bill is laid 10 aside. 11 THE SECRETARY: 1461 is a high 12 bill. 13 Calendar Number 1468, on page 29, 14 by Senator Spano, Senate Bill Number 8748, an 15 act to amend the Retirement and Social Security 16 Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 60. 7219 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Now, going to 4 Supplemental Calendar Number 1, Calendar Number 5 1535. Senator Onorato moves to discharge the 6 Committee on Judiciary from Assembly Bill Number 7 573 and substitute it for the identical Third 8 Reading 1535, an act to amend the Family Court 9 Act. 10 THE PRESIDENT: Substitution 11 ordered. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 60. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1536. Senator Montgomery moves to discharge the 22 Committee on Rules from Assembly Bill Number 23 2876A and substitute it for the identical Third 7220 1 Reading 1536, authorizing the City of New York 2 to reconvey its interest in certain real 3 property. 4 THE PRESIDENT: Substitution 5 ordered. There is a home rule message at the 6 desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 60. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1537. Senator Volker moves to discharge the 17 Committee on Rules from Assembly Bill Number 18 6891A and substitute it for the identical Third 19 Reading 1537, an act to amend the civil practice 20 law and rules. 21 THE PRESIDENT: Substitution 22 ordered. 23 Read the last section. 7221 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 60. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1538, by Senator Padavan, Senate Bill Number 10 5838, an act to amend the General Municipal Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 60. 18 THE PRESIDENT: The bill is 19 passed. 20 Senator Waldon. 21 SENATOR WALDON: Mr. President. 22 Due to compelling legislative business out of 23 the chamber when 1420 passed, I was not here. I 7222 1 wish the record to not had I been here, I would 2 have voted in the negative. 3 SENATOR KUHL: No objection. 4 THE PRESIDENT: Without 5 objection. 6 SENATOR WALDON: Thank you, 7 Senator Kuhl. 8 And also on the 29th, the same 9 situation occurred, and had I been present, I 10 would have been recorded or wished to have been 11 recorded at that time in the negative on 715, 12 1106, 1290, 1365, 1383 and 1408. 13 Thank you very much, Mr. 14 President. 15 THE PRESIDENT: The record will 16 so indicate. 17 SENATOR WALDON: Oh, I'm sorry. 18 Mr. President. I stand corrected. I was in 19 error regarding the numerical designation. It 20 was 1517. 21 THE PRESIDENT: That was the bill 22 you asked for unanimous consent. 23 SENATOR WALDON: That's correct. 7223 1 THE PRESIDENT: So ordered. 2 SENATOR WALDON: Thank you. 3 THE SECRETARY: Calendar Number 4 1540, by Senator Marchi, Senate Bill Number 5 6026B, an act to amend the Navigation Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 60. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1541. Senator Nolan moves to discharge the 17 Committee on Rules from Assembly Bill Number 18 9030A and substitute it for the identical Third 19 Reading 1541, by Assemblyman Canestrari, city 20 charter of the city of Cohoes. 21 THE PRESIDENT: Substitution 22 ordered. 23 Read the last section. 7224 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 60. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1542. Senator Velella moves to discharge the 10 Committee on Rules from Assembly Bill Number 11 9056 and substitute it for the identical Third 12 Reading 1542 an act to amend the Judiciary Law. 13 THE PRESIDENT: Substitution 14 ordered. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 60. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: 1543. Senator 7225 1 Maltese moves to discharge the Committee on 2 Rules from Assembly Bill Number 9076 and 3 substitute it for the identical Third Reading 4 1543, an act to amend the Vehicle and Traffic 5 Law. 6 THE PRESIDENT: Substitution 7 ordered. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 60. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1545. Senator Maltese moves to discharge the 18 Committee on Transportation from Assembly Bill 19 Number 5110 and substitute it for the identical 20 Third Reading 1545, an act to amend the Vehicle 21 and Traffic Law. 22 THE PRESIDENT: Substitution 23 ordered. 7226 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 60. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1546, by Senator Present, Senate Bill Number 11 7014, an act to amend the General Municipal Law. 12 SENATOR ONORATO: Lay it aside. 13 THE PRESIDENT: The bill is laid 14 aside. 15 THE SECRETARY: Calendar Number 16 1547. Senator Rath moves to discharge the 17 Committee on Rules from Assembly Bill Number 18 10298 and substitute it for the identical Third 19 Reading 1547 authorizing the Town of Batavia to 20 establish the development felicitation 21 improvement district. 22 THE PRESIDENT: There is a home 23 rule message at the desk. Substitution is 7227 1 ordered. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 60. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1548. Senator Larkin moves to discharge the 12 Committee on Rules from Assembly Bill Number 13 10327A and substitute it for the identical Third 14 Reading 1548, an act to amend the Real Property 15 Tax Law. 16 THE PRESIDENT: Substitution 17 ordered. Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 60. 23 THE PRESIDENT: The bill is 7228 1 passed. 2 THE SECRETARY: Calendar Number 3 1549. Senator DeFrancisco moves to discharge 4 the Committee on Rules from Assembly Bill Number 5 8886A and substitute it for the identical Third 6 Reading 1549. 7 SENATOR ONORATO: Lay it aside. 8 THE PRESIDENT: Substitution 9 ordered. The bill is laid aside. 10 THE SECRETARY: Calendar Number 11 1550, by the Committee on Rules, Senate Bill 12 Number 7965, an act to amend the Tax Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 60. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1551, by Senator Pataki, Senate Bill Number 7229 1 7988, an act to amend the Criminal Procedure 2 Law. 3 SENATOR ONORATO: Lay it aside. 4 THE PRESIDENT: The bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 1552, by Senator Kuhl, Senate Bill Number 8150A, 8 an act to amend the Private Housing Finance - 9 SENATOR KUHL: Lay it aside. 10 THE PRESIDENT: The bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1553. Senator DeFrancisco moves to discharge 14 the Committee on Rules from Assembly Bill Number 15 376A and substitute it for the identical 16 Calendar Number 1553, an act to amend the 17 Correction Law. 18 THE PRESIDENT: Substitution 19 ordered. 20 Secretary will read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 7230 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 60. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1554, by Senator Sears, Senate Bill Number 8 8297A, an act to amend the County Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 60. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1555. Senator Trunzo moves to discharge the 20 Committee on Rules from Assembly Bill Number 21 10818 and substitute it for the identical Third 22 Reading 1555 to repeal Section 177B of the 23 Retirement and Social Security Law. 7231 1 THE PRESIDENT: Substitution 2 ordered. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 60. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1556, by Senator Tully, Senate Bill Number 13 8394B, an act to amend the Public Health Law. 14 SENATOR DOLLINGER: Lay it aside. 15 THE PRESIDENT: The bill is laid 16 aside. 17 THE SECRETARY: Calendar Number 18 1557. Senator DiCarlo moves to discharge the 19 Committee on Rules from Assembly Bill Number 20 11657 and substitute it for the identical Third 21 Reading 1557, an act to amend the Vehicle and 22 Traffic Law. 23 THE PRESIDENT: Substitution 7232 1 ordered. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 60. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1558, by Senator Nozzolio, Senate Bill Number 12 8488, an act to amend the Public Authorities 13 Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 60. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 7233 1 1559. Senator Johnson moves to discharge the 2 Committee on Rules from Assembly Bill Number 3 11802 and substitute it for the identical Third 4 Reading 1559, New York State Medical Care 5 Facilities Finance Agency Act. 6 THE PRESIDENT: Substitution 7 ordered. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 59. Nays 14 1. Senator Stavisky recorded in the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1560. Senator Marchi moves to discharge the 19 Committee on Rules from Assembly Bill Number 20 11795, and substitute it for the identical Third 21 Reading 1560, City of New York to reconvey its 22 interest in certain real property. 23 THE PRESIDENT: Substitution 7234 1 ordered. There is a home rule message at the 2 desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 60. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1561. Senator Saland moves to discharge the 13 Committee on Rules from Assembly Bill Number 14 12068 and substitute it for the identical Third 15 Reading 1561 amends Chapter 524 of the Laws of 16 1987. 17 THE PRESIDENT: Substitution 18 ordered. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 7235 1 THE SECRETARY: Ayes 60. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1563. Senator LaValle moves to discharge the 6 Committee on Rules from Assembly Bill Number 7 9341 and substitute it for the identical Third 8 Reading 1563. The Senate bill is high. The 9 Assembly bill is not high. An act to amend the 10 Education Law. 11 THE PRESIDENT: Substitution 12 ordered. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 SENATOR ONORATO: Would you mind 19 laying 1563 aside, please? 20 THE PRESIDENT: The bill is laid 21 aside. 22 THE SECRETARY: Calendar Number 23 1564, by Senator Volker, Senate Bill Number 7236 1 8821, an act to amend the Education Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 SENATOR ONORATO: Lay it aside. 9 THE PRESIDENT: The bill is laid 10 aside. 11 THE SECRETARY: Calendar Number 12 1565, by the Senate Committee on Rules, Senate 13 Bill Number 8822, an act to amend the State 14 Finance Law. 15 SENATOR ONORATO: Lay it aside. 16 THE PRESIDENT: The bill is laid 17 aside. 18 THE SECRETARY: Calendar Number 19 1566, by Senator Padavan, Senate Bill Number 20 8823, an act to amend the Education Law. 21 SENATOR ONORATO: Lay it aside. 22 THE PRESIDENT: The bill is laid 23 aside. 7237 1 THE SECRETARY: Calendar number 2 1567, by Senator Skelos, Senate Bill Number 3 8829, an act to amend the Education Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes - 11 SENATOR ONORATO: Lay it aside. 12 THE PRESIDENT: The bill is laid 13 aside. 14 THE SECRETARY: Calendar Number 15 1568. Senator LaValle moves to discharge the 16 Committee on Rules from Assembly Bill Number 17 10926A and substitute it for the identical 18 Calendar Number 1568. The Senate bill is high. 19 The Assembly bill is not high. An act to amend 20 the Education Law. 21 THE PRESIDENT: The substitution 22 is ordered. 23 SENATOR KUHL: Lay the bill 7238 1 aside, please. 2 THE PRESIDENT: The bill is laid 3 aside. 4 THE SECRETARY: Calendar Number 5 1570, by Senator Connor, Senate Bill Number 6 5521A, authorizing the City of New York to 7 reconvey its interest in certain real property. 8 THE PRESIDENT: There is a home 9 rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 60. 16 THE PRESIDENT: The bill is 17 passed. 18 That completes action on the 19 noncontroversial calendar. 20 Senator DeFrancisco. 21 SENATOR DeFRANCISCO: I request 22 unanimous consent to be recorded in the negative 23 on Calendar Number 1351. 7239 1 THE PRESIDENT: Without 2 objection, so ordered. 3 SENATOR KUHL: I understand there 4 is housekeeping to be done at the desk. Can we 5 return to motion and resolutions. 6 THE PRESIDENT: Secretary will 7 read. 8 THE SECRETARY: On page 24 of the 9 regular calendar, Senator Holland moves to 10 discharge the Committee on Rules from Assembly 11 Bill Number 12128 and substitute it for the 12 identical Calendar Number 1227. The Senate bill 13 is high. The Assembly bill is not high. 14 THE PRESIDENT: Substitution 15 ordered. 16 Senator Nozzolio. 17 SENATOR NOZZOLIO: On behalf of 18 Senator Wright, on page 11, I offer the 19 following amendments to Calendar Number 591, 20 Senate Bill Number 6120B. 21 THE PRESIDENT: Amendments 22 received. 23 Senator Nozzolio. 7240 1 SENATOR NOZZOLIO: Motion to 2 amend a bill recalled from the Assembly. Mr. 3 President. I wish to call up my bill, Number 4 7174A, recalled from the Assembly, which is now 5 at the desk. 6 THE SECRETARY: By Senator 7 Johnson, Senate Bill Number 7174A, an act to 8 amend the Environmental Conservation Law. 9 SENATOR NOZZOLIO: Mr. 10 President. I now move to reconsider the vote by 11 which this bill was passed. 12 THE PRESIDENT: The Secretary 13 will call the roll on reconsideration. 14 (The Secretary called the roll on 15 reconsideration.) 16 THE SECRETARY: Ayes 60. 17 THE PRESIDENT: The bill is 18 before the house. 19 Senator Nozzolio. 20 SENATOR NOZZOLIO: Mr. 21 President. I now offer the following 22 amendments. 23 THE PRESIDENT: Amendments 7241 1 received. 2 Senator Kuhl. 3 SENATOR KUHL: May we now return 4 to reports of standing committees. 5 THE PRESIDENT: Secretary will 6 read. 7 THE SECRETARY: Senator Marino 8 from the Committee on Rules reports the 9 following bills directly for third reading: 10 Senate Bill Number 4603A, by 11 Senator Gonzalez, the City of New York to 12 reconvey its interest in certain real property. 13 4874B, by Senator Tully, an act 14 to amend the Real Property Tax Law. 15 5979A, by Senator Saland, an act 16 to amend the Tax Law and the Labor Law. 17 6493A, by Senator Padavan, an act 18 to amend the General City Law. 19 7958, by Senator Nolan, reopening 20 of the optional 20 year retirement plan to 21 Joseph N. Tory. 22 7961A, by Senator Saland, an act 23 to amend the Election Law. 7242 1 8168A, by Senator Tully, an act 2 to amend the Public Health Law. 3 8213B, by Senator Lack, an act to 4 amend the Insurance Law. 5 8422A, by Senator Velella, amends 6 Chapter 696 of the Laws of 1887. 7 8433A, by Senator Velella, an act 8 to amend the Insurance Law. 9 8591A, by Senator Trunzo, Civil 10 Service Law. 11 8635, by Senator Stavisky, City 12 of New York to reconvey its interest in certain 13 real property. 14 8702, by Senator DeFrancisco, in 15 relation to fire protection in the Village of 16 Liverpool. 17 8726, by Senator Levy, an act to 18 amend the Transportation Law. 19 8734, by the Committee on Rules, 20 amends Chapter of the Laws of 1994. 21 8738, by Senator Tully, an act to 22 amend the Insurance Law. 23 8745, by the Committee on Rules, 7243 1 amends Chapter 661 of the Laws of 1988, amending 2 the Correction Law, reported with amendments. 3 8750, by Senator Maltese, to 4 authorize Edward Kneafsy to purchase retirement 5 service credit. 6 8757, by Senator Skelos, Real 7 Property Tax Law. 8 8761, by Senator Saland, in 9 relation to validating certain zoning 10 ordinances. 11 8763, by Senator Saland, Public 12 Authorities Law. 13 8766, by Senator Bruno, an act to 14 amend the Tax Law. 15 8776, by Senator Bruno, 16 authorizing the city of Troy to issue serial 17 bonds. 18 8779, by the Committee on Rules, 19 allowing certain persons in the New York State 20 local employee retirement system. 21 8780A, by Senator Goodman, Real 22 Property Tax Law. 23 8180A, by Senator Lack, proposing 7244 1 an amendment to the Constitution. 2 8868, by Senator Lack, proposing 3 an amendment to the Constitution. 4 8869, by Senator Lack, proposing 5 an amendment to the Constitution. 6 8870, by Senator Lack, proposing 7 an amendment to the Constitution. 8 And 8372B, by Senator Skelos, an 9 act to amend the Insurance Law. 10 All bills reported directly for 11 third reading. 12 THE PRESIDENT: Third Reading. 13 Secretary will read. 14 THE SECRETARY: On page 12 of 15 today's calendar, Senator Levy moves to 16 discharge the Committee on Rules from Assembly 17 Bill Number 7151 and substitute it for the 18 identical Third Reading 644. 19 THE PRESIDENT: Substitution 20 ordered. 21 SENATOR KUHL: Mr. President. 22 THE PRESIDENT: Senator Kuhl. 23 SENATOR KUHL: Could we now stand 7245 1 at ease and await the report of the standing 2 committee, reports of Finance Committee. 3 THE PRESIDENT: Senate will stand 4 at ease. 5 (Whereupon, at 7:54 p.m., Senate 6 was at ease.) 7 ACTING PRESIDENT MALTESE: 8 Senator Goodman. 9 SENATOR GOODMAN: I want to be 10 please be recorded in the negative on Calendar 11 Number 1491. 12 ACTING PRESIDENT MALTESE: 13 Without objection. 14 SENATOR GOODMAN: Thank you, Mr. 15 President. 16 (The Senate continued at ease.) 17 ACTING PRESIDENT SKELOS: Senator 18 Levy. 19 SENATOR LEVY: Mr. President. 20 There will be a meeting of the Transportation 21 Committee at 9:00 in Room 124. 22 ACTING PRESIDENT SKELOS: 23 Transportation Committee at 9:00 in Room 124. 7246 1 ACTING PRESIDENT SKELOS: Senator 2 Levy. 3 SENATOR LEVY: Mr. President, like 4 to announce a meeting of the Transportation 5 Committee in Room 124 at 9:00 o'clock this 6 evening to consider the nomination of John Dyson 7 to the Metropolitan Transportation Authority 8 Board. 9 SENATOR GOLD: Well, hold on. Was 10 Senator Oppenheimer apprised of this meeting, as 11 the ranking member of the committee? 12 SENATOR LEVY: My recollection is 13 we told her we were going to have a hearing 14 later on tonight, and that we would be getting 15 the paperwork around to the committee members as 16 we have been doing it all day. 17 SENATOR GOLD: Yeah. Well, than 18 will the Senator yield to a question? 19 SENATOR LEVY: Yeah, sure. 20 SENATOR GOLD: I'll take Senator 21 Oppenheimer against any five of you guys, but 22 that's not the issue. There are people who are 23 assigned to a committee and, if you're having a 7247 1 hearing on nominees and these people are 2 appearing, the members of the committee are 3 entitled to be at the meeting. 4 SENATOR LEVY: But they have been 5 notified, Senator. 6 SENATOR GOLD: That's what I 7 asked you, were they notified before they went 8 out to dinner that you were going to call a 9:00 9 o'clock meeting? Now, that's an easy one. 10 SENATOR LEVY: May not be so easy 11 because I don't know when some of the members 12 went out to dinner, Senator. 13 SENATOR GOLD: Then they were 14 sent by your Majority Leader. 15 SENATOR LEVY: Senator Gold, 16 there were notices delivered to all of the 17 members of the committee setting forth the 18 bio's, the nomination from the Governor, and the 19 time of the meeting and it went to every member 20 of the committee. Now - 21 SENATOR GOLD: Then, are you 22 telling me then, on the record, that each of the 23 members of the committee - 7248 1 ACTING PRESIDENT SKELOS: Senator 2 Present, why do you rise? 3 SENATOR PRESENT: I think this 4 discussion maybe can be carried out between 5 Senator Levy and Senator Gold. We don't need 6 this here. The Senate is in recess until 7 10:30. 8 ACTING PRESIDENT SKELOS: The 9 Senate stands in recess until 10:30. 10 (Whereupon at 9:03 p.m., the 11 Senate recessed.) 12 13 14 15 16 17 18 19 20 21 22 23 7249 1 ....at 11:23 p.m..... 2 THE PRESIDENT: The Senate will 3 come to order. The Secretary will read. 4 Senator Present. 5 SENATOR PRESENT: Mr. President, 6 can we do the necessary housekeeping here first? 7 THE PRESIDENT: Yes, sir. That's 8 what we're about to do. 9 Senator Farley. 10 SENATOR FARLEY: Thank you, Mr. 11 President. 12 On behalf of Senator DiCarlo, I 13 wish to call up his bill, Print Number 6379-A, 14 which was recalled from the Assembly which is 15 now at the desk. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: By Senator 19 DiCarlo, Senate Bill Number 6379-A, an act to 20 amend the Penal Law, in relation to the sale of 21 controlled substances on school grounds. 22 SENATOR FARLEY: Mr. President, I 23 now move to reconsider the vote by which this 7250 1 bill was passed. 2 THE PRESIDENT: Call the roll on 3 reconsideration. 4 (The Secretary called the roll on 5 reconsideration.) 6 THE SECRETARY: Ayes 60. 7 SENATOR FARLEY: I now offer the 8 following amendments. 9 Mr. President, on behalf of 10 Senator Bruno, I wish to call up his bill, 11 Senate Print 7162 - 12 THE PRESIDENT: The Secretary 13 will read. 14 SENATOR FARLEY: -- which was 15 recalled from the Assembly which is now at the 16 desk. 17 THE SECRETARY: By Senator Bruno, 18 Senate Bill Number 7162, an act to amend the 19 Public Authorities Law. 20 SENATOR FARLEY: I now move to 21 reconsider the vote by which this bill was 22 passed. 23 THE PRESIDENT: Call the roll on 7251 1 reconsideration. 2 (The Secretary called the roll on 3 reconsideration.) 4 SENATOR FARLEY: I offer the 5 following amendments. 6 THE PRESIDENT: The amendments 7 are received. 8 SENATOR FARLEY: On behalf of 9 myself, Senator Farley, Mr. President, I wish to 10 call up my bill, Senate Print 8588, recalled 11 from the Assembly which is now at the desk. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: By Senator 15 Farley, Senate Bill Number 8588, an act to amend 16 the Public Housing Law. 17 SENATOR FARLEY: I now move to 18 reconsider the vote by which this bill was 19 passed. 20 THE PRESIDENT: Call the roll on 21 reconsideration. 22 (The Secretary called the roll on 23 reconsideration.) 7252 1 THE SECRETARY: Ayes 60. 2 SENATOR FARLEY: I offer the 3 following amendments. 4 THE PRESIDENT: The amendments 5 are received. 6 SENATOR FARLEY: On behalf of 7 Senator Johnson, I wish to call up his bill, 8 Print Number 7172, which was recalled from the 9 Assembly which is now at the desk. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: By Senator 13 Johnson, Senate Bill Number 7172, an act to 14 amend the Environmental Conservation Law. 15 SENATOR FARLEY: Mr. President, I 16 now move to reconsider the vote by which this 17 bill was passed. 18 THE PRESIDENT: Call the roll on 19 reconsideration. 20 (The Secretary called the roll on 21 reconsideration.) 22 THE SECRETARY: Ayes 60. 23 SENATOR FARLEY: I now offer the 7253 1 following amendments. 2 THE PRESIDENT: The amendments 3 are received. 4 Senator Present, do you have a 5 committee report from - 6 SENATOR PRESENT: No, you have 7 the committee report, Mr. President, and I ask 8 that it be read. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Senator Stafford, 12 from the Committee on Finance, reports the 13 following nomination: 14 Commissioner of Environmental 15 Conservation, J. Langdon Marsh of Albany. 16 THE PRESIDENT: At this point, I 17 would like to request that there be order in the 18 chamber. The question occurs on the 19 confirmation of the nominee. All those in favor 20 say aye. 21 (Response of "Aye".) 22 Contrary, nay. 23 (There was no response.) 7254 1 Senator Maltese. 2 SENATOR MALTESE: Excuse me. 3 THE PRESIDENT: Once again, the 4 question occurs on the confirmation of the 5 nominee, Langdon - 6 SENATOR GOLD: Mr. President. 7 THE PRESIDENT: Senator Gold. 8 SENATOR GOLD: Mr. President, I 9 think even in view of the late hour that there 10 should be something said, if for no other reason 11 than it is really a delight when we have 12 somebody who is not picked out of nowhere and we 13 have somebody who is being elevated to the rank 14 of commissioner who we can actually say 15 literally has spent a great part of his life 16 involved with this very subject matter and in 17 the department. 18 From 1983 to the present, the 19 executive deputy commissioner is not exactly a 20 newcomer to the field, and while he is hampered 21 by a Harvard education, the fact is that 22 everybody -- everybody who spoke at the 23 committee meeting today who had dealings with 7255 1 our new commissioner was very excited about the 2 concept of the gentleman taking over the top 3 job. 4 Commissioner Marsh has really 5 earned this and it's nice once in a while to get 6 a feeling that somebody can work in the 7 vineyards day after day and after dealing with 8 people for 16, 17 years, people still like him 9 and respect him, and now when the time comes to 10 be elevated, people do it with smiles on their 11 face and not in a begrudging way. I thought his 12 answers in the Finance Committee were excellent 13 and while I have been the first one to kid the 14 department on its memos, particularly these one 15 word memos that mean nothing, we have been 16 assured that we are going into a new world of 17 expanded intellect from the department in its 18 lobbying effort, but I express, I think, the 19 sentiment of the members on this side to say 20 that we are very proud of the Governor for this 21 nomination, and we wish the commissioner the 22 best of success. 23 THE PRESIDENT: Senator Farley. 7256 1 SENATOR FARLEY: Yeah. I rise to 2 second the nomination of Langdon Marsh. As a 3 former chairman of the Environmental 4 Conservation Committee, I worked very closely 5 with him and I feel that he's undertaking one of 6 the most difficult commissioner's jobs in state 7 government. It's a department that's very, very 8 active, and I expect that if there's anybody in 9 state government the number of years that he's 10 had, I believe he's spent 16 years in the 11 Environmental Conservation Agency, and I think 12 he's going to be an outstanding commissioner. I 13 think he'll be sensitive, and I think he'll be 14 -- he's always been very cognizant of the 15 Legislature in trying to resolve their problems 16 and I'm confident that he's going to continue to 17 do that. I support his nomination 18 enthusiastically. 19 THE PRESIDENT: Senator Mendez. 20 SENATOR MENDEZ: Mr. President, I 21 also rise in support of Commissioner Marsh for 22 the position of full commissioner of the -- of 23 the Environmental Conservation agency. 7257 1 I was very much impressed with 2 his answers to some questions that are -- some 3 problems and issues that are so terribly 4 important to the district that I represent and 5 to other minority districts in the city of New 6 York. See, for too long, Mr. President, his 7 agency has been practicing virulent 8 environmental racism and that agency also has a 9 very bad record concerning the appointment of 10 top policy levels of Puerto Ricans and 11 African-Americans, so I was very satisfied with 12 what he intends to do to remedy those two 13 situations. 14 He has excellent qualifications 15 for the position and I think that the other 16 events of that department, as it has been shown 17 in previous years would dissipate through his 18 leadership, so it is with great joy that I 19 second his nomination for that position hoping, 20 and I think that the hopes are well founded, 21 that the agency, through his leadership will 22 mend its terrible ways of the past. 23 Thank you, Mr. President. 7258 1 THE PRESIDENT: Senator Larkin. 2 SENATOR LARKIN: Mr. President, I 3 rise in support of this nomination. I have had 4 the pleasure of working with Mr. Marsh for a 5 number of years, both hear in the Legislature 6 and back as a town supervisor. One of the 7 things that I think has always impressed me 8 about Mr. Marsh was the fact that if he told you 9 something, you could guarantee that he would be 10 back to you. You may not always like the 11 decision that he gave you, but you always knew 12 that he would take your interests and that of 13 the concerns of the people you represented. 14 He's not only made himself available from Albany 15 but he's made himself available on the sites 16 back at home where the people really want to 17 know what DEC is doing. 18 Many times when the people found 19 the issues that he disagreed with them on, they 20 were willing to work with him, and he was 21 willing to work with them. I've seen many 22 projects in the Hudson Valley that probably 23 never would have been completed without his 7259 1 personal intervention. I can go back to the 2 bonds issue. He was willing to come back to our 3 small villages, towns and make a discussion and 4 let the people know why he stood for what he was 5 going after. I think he's going to be an 6 outstanding commissioner. He deserves it and 7 I'm very proud of him. 8 THE PRESIDENT: Senator Johnson. 9 SENATOR JOHNSON: Mr. President, 10 I would just like to add my voice of support for 11 the nomination of Langdon Marsh. I've worked 12 with him for many years in his position as 13 deputy. He's always had an open ear, an open 14 mind and when it looked like problems were 15 unsolvable, in many cases he's been able to 16 resolve them. Now he's going to be the 17 commissioner, I'm sure -- I know if we call upon 18 him, he will be responsive to the needs of our 19 constituents of the state of New York and I look 20 forward to a new burst of enthusiasm tempered 21 with reason for environmental causes in this 22 state and I warmly support his nomination. 23 THE PRESIDENT: Senator Marchi. 7260 1 SENATOR MARCHI: Mr. President, 2 we've had several speakers get up and elicit the 3 respect that they have for his professional 4 attainments and, of course, everyone who has had 5 contact with him in various settings are 6 affected with his own expertise and profession. 7 You found a unanimity of views, but I have to 8 say that you won me over completely when I read 9 that you were a cum laude graduate of Harvard in 10 the subject of English literature, and anyone 11 who has had that enriching experience, that 12 broad humor, broad humanity, understanding of 13 humanity that is imparted by anyone who pursued 14 that diligently over a period of years, 15 certainly is uniquely equipped to take on almost 16 any responsibility when it's accompanied by the 17 qualities that have been recited so well here 18 this evening, so I endorse it with all of my 19 enthusiasm, and good luck. 20 THE PRESIDENT: Senator Nozzolio. 21 SENATOR NOZZOLIO: Thank you, Mr. 22 President. 23 Mr. President, my colleagues, I 7261 1 rise in joining my colleagues in support of this 2 nomination. I have had some very direct 3 exposure with the commissioner during the past 4 few months in a very serious environmental 5 problem in the central Finger Lakes and we have 6 been working together trying to resolve an issue 7 that affects over 60,000 homes and drinking 8 water in the city of Auburn regarding Owasco 9 Lake, and I applaud the commissioner's attention 10 in his support for us trying to work out what's 11 best in the interests of our people, and, 12 commissioner, I wish you well in the remainder 13 of your tenure and add my name to the support of 14 your nomination. 15 THE PRESIDENT: The question 16 occurs on the nomination - 17 SENATOR STAFFORD: Mr. President. 18 THE PRESIDENT: Senator Stafford. 19 SENATOR STAFFORD: I point out, I 20 didn't notice Harvard before. Anybody from 21 Columbia sometimes, that's a problem, but it 22 won't be here -- it won't be here, and what we 23 discussed this afternoon, I think we could see 7262 1 that what was emphasized both by the nominee and 2 the gentleman to be commissioner and all 3 visiting was that so often what you say, it's 4 not necessarily what you say but how you say it, 5 and I think we could see that that's a real 6 concern to the proposed commissioner and I too 7 support the nomination. 8 THE PRESIDENT: If there are no 9 other seconding speeches, the question now 10 occurs on the confirmation of the nominee. 11 Senator Libous. 12 SENATOR LIBOUS: Mr. President, I 13 would like to have the record show that I would 14 be recorded in the negative on this nomination, 15 please. 16 THE PRESIDENT: The record will 17 so indicate. 18 On the confirm -- Senator Seward. 19 SENATOR SEWARD: Mr. President, I 20 would also like the record to show that I am 21 voting against the confirmation. 22 THE PRESIDENT: Senator Wright. 23 SENATOR WRIGHT: Mr. President, 7263 1 please have the record reflect that I'm voting 2 in the negative on the confirmation. 3 THE PRESIDENT: On the 4 nomination. All those in favor say aye. 5 (Response of "Aye".) 6 Contrary, nay. 7 (There was no response.) 8 The nominee is confirmed, J. 9 Langdon Marsh of Albany as Commissioner of 10 Environmental Conservation. 11 (Applause.) 12 The Secretary will read. 13 THE SECRETARY: Senator Stafford, 14 from the Committee on Finance, reports the 15 nomination of Virginia M. Apuzzo of Kingston, as 16 a member of the state Civil Service Commission. 17 SENATOOR CONNOR: Mr. President. 18 THE PRESIDENT: Senator Connor. 19 SENATOOR CONNOR: Thank you, Mr. 20 President. 21 I rise as the ranking Minority 22 member on the Civil Service and Pensions 23 Committee. I guess among some other things I've 7264 1 done, I've done that for the last 17 years, but 2 more importantly, I rise because Virginia Apuzzo 3 is someone who has been a friend for many years 4 and with whom I'm well acquainted and I didn't 5 want her confirmation to go by without adding 6 just a few words to the record. 7 Ginny Apuzzo has been in public 8 service for the past 26 or 27 years in a variety 9 of positions. She is going to the Civil Service 10 Commission after serving as the executive deputy 11 commissioner in the New York State Division of 12 Housing and Community Renewal. She has served 13 at the Consumer Protection Board. She has 14 served in the Executive Chamber. She has served 15 in a variety of positions which have advanced 16 the consciousness in our state and in our nation 17 about issues and principles which are very, very 18 important. She has been a leader in her 19 community, and when I look and see that she now 20 hails from Kingston, don't believe it, Mr. 21 President. 22 Virginia Apuzzo is from 23 Brooklyn. Everybody knows that. I know that. 7265 1 Senator Galiber insists on Kingston, I 2 understand, but don't let anyone fool you. 3 Virginia Apuzzo represents the best from 4 Brooklyn as that borough is famous for producing 5 Americans who care, who lead, who fought and 6 have courage and go forward, and with respect to 7 her competence, I think her record is clear, her 8 many years of service show that and I certainly 9 look forward to her service at the Civil Service 10 Commission. I think she would be a leader in 11 advancing the interests of New York State's work 12 force in seeing that that work force represents 13 the people of this state, that it comes from the 14 people of this state and works for the people of 15 this state, all the people of this state. I 16 think she will be innovative in applying the 17 latest information and techniques with respect 18 to personnel selection and management and 19 training and advancement. I think we will see 20 that she will continue to lead the Civil Service 21 Commission in moving forward to reflect all the 22 citizens of our state, reflect minorities, 23 reflect women, reflect the various sections of 7266 1 our state geographically, so I really look 2 forward to cooperating with the new commissioner 3 at the Civil Service Commission, my friend 4 Virginia Apuzzo, and I urge her confirmation. 5 THE PRESIDENT: Senator Mendez. 6 SENATOR MENDEZ: Mr. President, I 7 also rise in support of the nomination of 8 Virginia Apuzzo as Civil Service commissioner. 9 I am most impressed with her 10 qualifications for the job. One thing that 11 really stands out is her understanding as to how 12 terribly bad Puerto Ricans and Hispanics have 13 done in terms of the work force in all the 14 agencies of New York State. The last statistics 15 that I got, Mr. President, about the numbers of 16 Puerto Rican Hispanics working in the different 17 agencies of New York State is so appalling, it 18 is worse than at the time that the previous 19 Governor, Governor Hugh Carey, was at the helm 20 of the state of New York. 21 I am sure, and I feel certain 22 that Ms. Apuzzo knows that that is the situation 23 and finally we are very hopeful that finally we 7267 1 will have one Civil Service commissioner that 2 will take it upon herself to inquire after the 3 reasons why this devastating situation has been 4 occurring for so long. So, with all my trust in 5 her, I think that this is a magnificent 6 appointment and I feel pretty certain that she 7 will reach out to find out not only the reasons 8 why this has been a fact but also to find 9 remedies to correct that incredible, horrible 10 situation. 11 Thank you, Mr. President. 12 THE PRESIDENT: Senator Smith. 13 SENATOR SMITH: Thank you, Mr. 14 President. I, too, rise in support of the 15 nomination of Virginia Apuzzo as a member of the 16 state Civil Service Commission. Ginny Apuzzo 17 has a proven record in government. She has been 18 there for all of us and she has been a mentor 19 for most of us, and we thank her for that, and 20 we know that she will continue the good work 21 that she has started in government. 22 THE PRESIDENT: Senator Leichter. 23 SENATOR LEICHTER: Mr. President, 7268 1 I rise just as a friend and an admirer of Ginny 2 Apuzzo, and I'm just delighted that the Governor 3 has appointed her to this important position. 4 The hour is late and I can't go into any great 5 detail about all of her experience, but I just 6 tell you, my colleagues, the Governor has 7 appointed somebody with a wonderful background, 8 great administrative ability, and I think she's 9 going to bring good leadership to the Civil 10 Service Commission. I am delighted that she's 11 going to be confirmed to this position. 12 Thank you. 13 THE PRESIDENT: Senator 14 Montgomery. 15 SENATOR MONTGOMERY: Thank you, 16 Mr. President. 17 I rise to join my colleagues in 18 commending the Governor for making an 19 appointment for this time in the history of the 20 state that is most, I think, strategic and 21 important and that is a person who has the kind 22 of experience and background of Ginny Apuzzo, 23 but who also has the very particular 7269 1 sensitivities to some of the issues that are, I 2 think, extremely important as it relates to the 3 civil service system in our state. We know that 4 that system is skewed. We know that women and 5 minorities are at the vast bottom of the running 6 and I know that Ginny, because we have been 7 friends for many years, and because I know of 8 her particular interest in the whole issue of 9 women's rights, civil rights and all of those 10 struggles that I too believe so -- so avidly and 11 that she will bring to that position a 12 determination to do something about it, because 13 I know that she has the skill and the will and 14 the guts to do it and, so, Ginny, I join in 15 complimenting and praising the Governor and 16 looking forward to working with you and wish you 17 all the best and want to be supportive of you as 18 you move to make the significant changes in our 19 state and our state employment that more 20 reflects our state population. 21 Thank you, Mr. President. 22 THE PRESIDENT: The -- Senator 23 Gonzalez. 7270 1 SENATOR GONZALEZ: Yes, Mr. 2 President. 3 Very briefly. Also, I rise to - 4 in support and commend the Governor for this 5 appointment, and Virginia Apuzzo has been a 6 friend and we've worked together, from Kingston 7 to Brooklyn, to the Bronx, she's worked hard 8 with all my colleagues, that she is wonderful 9 appointment for this -- by the Governor, and I 10 too commend her and wish her well. 11 Thank you, Mr. President. 12 THE PRESIDENT: Senator 13 Oppenheimer. 14 SENATOR OPPENHEIMER: I also want 15 to congratulate the Governor and congratulate 16 Ginny. I know she's going to do a terrific 17 job. She has worked with me at DHCR and has 18 been a terrific friend, bright, capable, 19 intelligent, hard-working, motivated and has the 20 drive to do any job she's appointed to. She's 21 had a lot of experience in a lot of different 22 areas. She's done the job and I'm looking 23 forward to working with you, Ginny. 7271 1 THE PRESIDENT: Senator Goodman. 2 SENATOR GOODMAN: Mr. President, 3 I have had the great pleasure of working with 4 Virginia Apuzzo on a very sensitive council, the 5 AIDS Advisory Council. We got to know one 6 another when this was created approximately 7 eight years ago and during its very difficult 8 period of operation, I've come to develop the 9 highest respect for her. She's an individual of 10 keen judgment, of great diplomacy in areas that 11 require it and of deep conviction and a sense of 12 great social responsibility. It seems to me, 13 Mr. President, that these are precisely the 14 qualities which are needed in the job for which 15 we are -- these are precisely the qualities 16 which are needed in the job for which we are 17 considering this nominee and it's a great 18 pleasure to speak on her behalf. I know she 19 will perform her duties admirably, and I hope 20 the chamber will promptly speed her passage to 21 completion. 22 Thank you. 23 THE PRESIDENT: The question - 7272 1 Senator Galiber. 2 SENATOR GALIBER: Thank you, Mr. 3 President. 4 Most of the things that have been 5 said I agree with. The Governor every now and 6 then comes up with an excellent appointment. 7 We've seen him do some things not as great as 8 he's done with this appointment. I've had the 9 privilege and honor to work, from time to time, 10 with the commissioner. She's an outstanding 11 administrator, a people-oriented person, the 12 kind of complement that we need in government 13 has always been part of her life style and part 14 of her overall commitment to the people of the 15 state of New York and, yea, perhaps the state of 16 this great country of ours, so I would like to 17 add my voice to the others and second the 18 nomination of a people person who is committed 19 to people and committed to causes which sorely 20 need attention these days. 21 You mentioned about the 22 affirmative action. We know you're going to 23 have a difficult task and it's going to call on 7273 1 all the imagination that you possibly have when 2 persons come before us and promise us quality 3 opportunity and that's all we really see, but 4 affirmative action becomes difficult when you 5 have restraints such as you do in the Civil 6 Service Commission. 7 We had a previous commissioner 8 who was innovative, and attempts were made to 9 stop him at a juncture where he looked forward 10 to appointing those persons who heretofore have 11 been left out of the mainstream of our society 12 for a number of stumbling blocks that were put 13 there almost by design. So, Commissioner, I 14 want you to know that this body -- I don't speak 15 for the entire body but certainly my colleagues 16 in government, that we stand prepared to have 17 you come back to us. It's not the last time we 18 want to visit with you, and wherever we -- you 19 feel that we could be of assistance in the 20 furtherance of your responsibility, please don't 21 hesitate to call on us. 22 Congratulations. 23 THE PRESIDENT: Senator Maltese. 7274 1 SENATOR MALTESE: Mr. President, 2 I ask that the record indicate that I am 3 recorded in the negative on this nomination. 4 THE PRESIDENT: The record will 5 so indicate. 6 Senator DiCarlo. 7 SENATOR DiCARLO: Mr. President, 8 let the record indicate that I'm recorded in the 9 negative. 10 THE PRESIDENT: The record will 11 so indicate. 12 THE PRESIDENT: Senator Holland. 13 SENATOR HOLLAND: I would like to 14 also be recorded in the negative. 15 SENATOR RATH: Negative. 16 THE PRESIDENT: Senator Nozzolio, 17 Senator Rath. 18 The question occurs on the 19 confirmation of the nominee. 20 Senator Libous so indicates. 21 The question occurs on the 22 confirmation of the nominee. All those in favor 23 say aye. 7275 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The ayes have it. The nominee is 5 confirmed, Virginia M. Apuzzo of Kingston as a 6 member of the state Civil Service Commission. 7 Congratulations. 8 (Applause.) 9 The Secretary will read. 10 Senator Waldon. 11 SENATOR WALDON: Thank you very 12 much, Mr. President. 13 I respectfully request unanimous 14 consent to be recorded in the negative on the 15 confirmation hearing of Langdon Marsh. 16 THE PRESIDENT: Without 17 objection, so ordered -- or the record will so 18 indicate. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, reports the 21 nomination of Thomas G. Young of Syracuse as a 22 trustee of the Power Authority of the state of 23 New York. 7276 1 SENATOR SEWARD: Mr. President. 2 THE PRESIDENT: Senator Seward. 3 SENATOR SEWARD: Yes, Mr. 4 President. 5 On Thursday, the Senate Energy 6 Committee conducted a confirmation hearing on 7 the nominee, Thomas Young, to be a trustee of 8 the Power Authority, and I'm pleased to report 9 that we recommended his approval for that 10 position to the full Senate. He is being 11 confirmed as a trustee of the Power Authority of 12 the state of New York. However, he is 13 designated to become chairman of the Authority. 14 It's no secret that these have 15 been some challenging times for the Power 16 Authority, but I'm fully confident that Thomas 17 Young is just the individual to lead the Power 18 Authority in these challenging times. 19 There's been some restructuring 20 at the Power Authority. For the first time, the 21 chairman will not be also the chief executive 22 officer of the Authority, and I have some 23 concerns about that. However, during our 7277 1 hearing, Mr. Young fully satisfied any 2 apprehension that I may have had regarding that 3 development and he has displayed a very keen 4 awareness of the issues and his declaration that 5 as chairman of the Authority, he will make sure 6 that Authority policy will take place within the 7 confines of the law, and he certainly has 8 demonstrated his desire to be responsive to the 9 Authority customers and to others in New York 10 State, including state government. 11 He has a keen understanding of 12 the issues and he has the managerial experience 13 and record of public service to be an 14 outstanding chairman of the Power Authority, and 15 I'm pleased to add my voice in support of this 16 confirmation. 17 THE PRESIDENT: Senator Daly. 18 SENATOR DALY: Thank you very 19 much, Mr. President. 20 I'm also delighted to rise in 21 support of the nomination of Thomas Young to the 22 Board of Trustees of the state Power Authority. 23 I've known the mayor of Syracuse 7278 1 for several years. Although we didn't see each 2 other too frequently, I know at least once each 3 year, we were able to get together and celebrate 4 a very special holiday (laughter). Yes, Mr.- 5 you were with us some of those days too, I mean 6 Lieutenant Governor. 7 This has been a long and 8 frustrating wait for Tom Young that began back 9 in the snowy days of early December when the 10 Governor announced that he was selecting Mr. 11 Young to succeed the -- Dick Flynn, chairman of 12 the Power Authority, but unfortunately, Tom got 13 caught in the middle of a disagreement and 14 things dragged on, and I was wondering if it 15 would ever happen, but finally the Governor did 16 send his name down, and the chairman of the 17 Energy Committee saw fit to move Tom Young's 18 nomination most expeditiously. 19 I'm delighted that Senator Seward 20 did that. I think the Governor has made a good 21 choice and I'm glad to welcome him, indeed, to 22 the Board of Trustees since I have a pretty 23 active concern about the Power Authority, 7279 1 particularly since one of its largest or I 2 should say its largest facility is my district. 3 I'm sure Tom Young and I will have lots to talk 4 about in the future. 5 THE PRESIDENT: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: I'm also 8 pleased to rise in support of the nomination of 9 Thomas Young, our former mayor of the city of 10 Syracuse. 11 As a member of the City Council 12 and later as its president, I got to work very 13 closely with Mayor Young who initiated some very 14 innovative programs in the city of Syracuse and 15 definitely left his mark, a long-lasting mark 16 that will be hopefully built upon in future 17 years to change the direction of the city and 18 get it moving in a very positive way. 19 Although he's had to wait a long 20 time for this, and I know it's been very 21 difficult for both Tom and the members of his 22 family, I know that it's going to be well worth 23 waiting for for Mr. Young as well the residents 7280 1 of the state of New York. He's an honorable man 2 with utmost integrity and he's going to do a 3 fine job, and it's also very nice to see a 4 nomination from Central New York, the heart of 5 the state of New York at this, our all-night 6 session that I'm sure Tom Young is very pleased 7 to be at. 8 Congratulations and I hope this 9 nomination is a unanimous one. 10 THE PRESIDENT: The question 11 occurs - 12 Senator Mendez. 13 SENATOR MENDEZ: Mr. President, I 14 also rise in support of the nomination of Mayor 15 Young to the Public Service Commission, right? 16 -- the Public Service Commission. 17 In the same way that oftentimes I 18 criticize those who have shown no sensibility at 19 all to minorities, including, of course, 20 African-Americans, Puerto Ricans and women, I 21 must -- I felt I must rise now because as his 22 tenure of mayor in the city of Syracuse, the 23 youngest mayor that has served there, he had the 7281 1 sensitivity to -- to revitalize the Minority 2 Affairs Advisory Council and created the 3 Syracuse Commission on Women -- for Women, the 4 Latino Task Force and the Mayor's Advertising 5 Council -- Advisory Council, so that this man, 6 in his political career has shown great 7 sensitivity to African-Americans, Puerto Ricans 8 and women, and we feel very certain that those 9 concerns will reflect in the policies that he 10 will support in the -- in his new position. 11 It is really most rewarding to 12 stand up -- stand up for a man who has done so 13 well for so many people. 14 Thank you, Mr. President. 15 THE PRESIDENT: The question 16 occurs on the confirmation of the nominee. All 17 those in favor say aye. 18 (Response of "Aye".) 19 Opposed, nay. 20 (There was no response.) 21 The ayes have it. The nominee is 22 confirmed, Thomas G. Young of Syracuse to be a 23 trustee of the Power Authority of the state of 7282 1 New York. Congratulations, Tom Young. 2 (Applause.) 3 THE PRESIDENT: They don't allow 4 me to speak, or I would say that I was glad to 5 see that some good things happen to all the 6 mayors. 7 The Secretary will read. 8 THE SECRETARY: Senator Stafford, 9 from the Committee on Finance, reports the 10 following nominations: Sandra Morales-Deleon of 11 New York City, Sean McSherry of Chester and 12 Daniel B. Tauriello of Buffalo, as members of 13 the state Board of Parole. 14 THE PRESIDENT: Senator Mendez. 15 SENATOR MENDEZ: Mr. President, I 16 really rise with great joy, really, great joy, 17 urging my colleagues to confirm this young 18 Puerto Rican woman who is a professional 19 specialized in the field of -- in the field of 20 -- of the criminal justice system. 21 Her work throughout her 22 professional career has been dedicated to - 23 been very much dedicated in this area, and she's 7283 1 my constituent, my friend, and a Puerto Rican 2 woman that I admire tremendously, because 3 through her tenacity and hard work, she was able 4 to succeed in the academic sphere and also in 5 her professional -- the profession that she 6 chose to follow. 7 So I urge all my colleagues to 8 support the nomination of this wonderful, young, 9 bright and committed Puerto Rican woman, and I 10 really must congratulate the Governor for 11 finally submitting her appointment for 12 confirmation. 13 Thank you, Mr. President. 14 THE PRESIDENT: Senator Maltese. 15 SENATOR MALTESE: Mr. President, 16 the hour is late, but I could not let the 17 opportunity go by to second the nomination of 18 Sean McSherry for the position of member of the 19 state Board of Parole. 20 Sean brings to the position again 21 the -- a vast background of experience as a 22 practicing attorney, a gentleman who has already 23 performed most ably in the position but in 7284 1 addition, knows the background of working with 2 his hands at a variety of occupations and brings 3 a streetwise, at the same time, keen legal, 4 analytical and humane approach to the office of 5 member of the state Board of Parole, and I most 6 enthusiastically second his nomination. 7 SENATOR GALIBER: Mr. President. 8 THE PRESIDENT: Senator Galiber. 9 SENATOR GALIBER: I yield to 10 Senator - 11 THE PRESIDENT: Senator 12 Stachowski. 13 SENATOR STACHOWSKI: Well, I 14 really wasn't going to say anything because of 15 the lateness of the hour, but I would like to 16 rise and second the nomination of Daniel 17 Tauriello of Buffalo. Since the people for the 18 respective other nominees have risen, I figure 19 we can't let Mr. Tauriello go by without 20 mentioning that he has had a very distinguished 21 first appointment to the Parole Board and before 22 that, he was an excellent police officer in the 23 city of Buffalo, and we're just glad that the 7285 1 Governor saw fit to renomimate, reappoint Daniel 2 Tauriello of Buffalo. 3 THE PRESIDENT: Senator Galiber. 4 SENATOR GALIBER: Yes, thank you 5 Mr. President. 6 I rise to second the nomination 7 of Sean McSherry. I had an opportunity this 8 afternoon to chat with him about his past 9 experience in Bronx County. 10 I had waited for this opportunity 11 for a long while because he was a tough 12 prosecutor, and on those rare occasions when I 13 practiced law in Bronx County, I had occasion to 14 go before him and ask for a favorable 15 disposition called plea bargain, and he was 16 tough, but he was fair. I would have liked to 17 walk away from my courtroom doing a bit better 18 but I knew that he was a no-nonsense person, a 19 person who respected his job in the community, 20 someone who took his responsibilities 21 seriously. 22 Now, through all of the parole 23 officers, I have a reputation and most of you 7286 1 have heard from me, read some letters that I 2 send you, from time to time, supporting persons 3 who come before you, and as I chatted with Mr. 4 -- Sean today, asking him how fair he has been 5 in the past, and the commissioner himself said, 6 "Well, Joe, I want you to talk a little loud to 7 them" because he's a tough parole officer but a 8 good one, and he's proud to have you and we are 9 proud in Bronx County that you spent some time 10 in your life there, with your family and 11 particularly, your brother who I know 12 personally, and now that you've moved on a bit 13 just over the border, we still think of you as 14 being a Bronxite, and that your home is truly in 15 the Bronx. 16 So I am proud that you are among 17 the other two persons who are serving this great 18 state of ours, and I want you to know that, from 19 time to time, we come from a different 20 perspective in terms of recommendations, but we 21 know that you have a difficult, difficult job to 22 perform, and as my experience has taught me, 23 rarely do I have some real problems with a 7287 1 particular parole officer because I recognize on 2 balance that you have a keen responsibility to 3 the total public. 4 So I'm proud to second your 5 nomination, proud to have been part of your 6 visit to Bronx County and proud to have known 7 you in your professional capacity, and may God 8 bless you all and keep you. 9 THE PRESIDENT: Senator Gonzalez. 10 SENATOR GONZALEZ: Mr. President, 11 thank you. 12 I rise -- we have for the three 13 members of the state parole and the hour is 14 late, but in particular, Sandra Morales-DeLeon, 15 a woman from the East Harlem or as we call it, 16 barrio, and I'm very proud of her, continue to 17 do her work as well as the others and I wish 18 them well. 19 Thank you, Mr. President. 20 THE PRESIDENT: The question 21 occurs on the confirmation of the nominees. All 22 those in favor say aye. 23 (Response of "Aye".) 7288 1 All those opposed, nay. 2 (There was no response.) 3 The ayes have it. The nominees 4 are confirmed: Sandra Morales-Deleon of New 5 York City, Sean McSherry of Chester and Daniel 6 B. Tauriello of Buffalo as members of the state 7 Board of Parole. 8 Congratulations. 9 (Applause.) 10 THE SECRETARY: Senator Stafford, 11 from the Committee on Finance, reports the 12 nomination of Lorraine Felegy, Esq. of Delmar as 13 a member of the Crime Victims Board. 14 SENATOR GOLD: Mr. President. 15 THE PRESIDENT: Senator Gold. 16 SENATOR GOLD: Mr. President, 17 this is a delightful nomination. It is a 18 reappointment of a lovely lady who has served as 19 a member of this board since 1991. 20 Prior to that, she had been 21 General Counsel to the board, and as I mentioned 22 with the Commissioner of the Department of 23 Environmental Conservation, I think it is really 7289 1 wonderful when people are just not picked out of 2 places for political reasons and put into jobs. 3 I think it's wonderful when people work in an 4 agency, develop an expertise, show a certain 5 sensitivity as well as ability and then move up 6 to a position of greater responsibility, and I 7 can tell you that I have a warm spot in my heart 8 for the Crime Victims Board. I had the honor of 9 drawing the original law that created the board 10 back in the 1960s and I've seen it progress all 11 the way through, and we are honored tonight to 12 reconfirm this lovely lady who has, in her work, 13 shown great sensitivity to the problems of 14 victims, and while we talk all the time about 15 who's worrying about the victims, when the 16 criminals are getting, this and that, well, all 17 you got to do is look in the balcony, that's the 18 lady who's worrying about the victims, and I 19 congratulate the Governor for this 20 reappointment. 21 THE PRESIDENT: The question 22 occurs on the nomination. All those in favor 23 say aye. 7290 1 (Response of "Aye".) 2 Opposed, nay. 3 The ayes have it. The nominee is 4 confirmed, Lorraine Felegy of Delmar as a member 5 of the Crime Victims Board. 6 The Secretary will read the 7 balance of the appointments. 8 THE SECRETARY: Senator Stafford, 9 from the Committee on Finance, reports the 10 following nominations: 11 Member of the State Council on 12 the Arts: Sister M. Irene Fugazy of Ardsley, 13 Shelby Zaldin Modell of Hewlett Harbor, Gary L. 14 Mucci of Buffalo, Richard J. Schwartz of 15 Scarborough. 16 Member of the Empire State Plaza 17 Art Commission: Barbara Kaiser Bray of Albany 18 and Matilda Cuomo of Albany. 19 Banking Member of the state 20 Banking Board: John B. Robinson, Jr. of 21 Loudonville and George J. Vojta of Bronxville. 22 Public Member of the State 23 Banking Board: Dayna J. Wilkinson of New York 7291 1 City. 2 Member of the Life Care Community 3 Council: Robert W. Kirk, DVM of Ithaca and 4 Edward Charles Weeks of Buffalo. 5 Member of the Mental Health 6 Services Council: Kenneth B. Goldstein of 7 Huntington, Fred Mednick of Staten Island. 8 Member of the Public Health 9 Council: Dr. Cutberto Garza of Ithaca. 10 Member of the Ogdensburg Bridge 11 and Port Authority: Reverend Monsignor Robert J. 12 Giroux of Waddington, Patrick E. Hackett of 13 Ogdensburg, Bernard S. Sperling of Ogdensburg. 14 Member of the Rochester-Genesee 15 Regional Transportation Authority: Ross W. 16 Roberts of Perry, Miriam R. Shapiro of Rochester 17 and Sandra Stephens of Rochester. 18 Member of the Passenger Tramway 19 Advisory Council: Renelda Higgins walker of 20 Poughkeepsie. 21 Member of the New York State 22 Hospital Review and Planning Council: Paul E. 23 Haney of Rochester and Anthony Watson of New 7292 1 York City. 2 Member of the Board of Directors 3 of the New York State Martin Luther King 4 Institute for Non-violence: Senator Ada L. Smith 5 of Brooklyn. 6 (Applause.) 7 Member of the State Medical 8 Advisory Committee to the Department of Social 9 Service -- Department of Social Services: Ebun 10 Adelona of New York City, Neil Stephen Calman, 11 M.D., of New Rochelle, Ruben P. Cowart, D.S.S. 12 of Syracuse, John L. S. Holloman, Jr., M.D. of 13 East Elmhurst, Hugo M. Morales M.D. of Mount 14 Vernon, William O'Dwyer, M.D., of Loudonville, 15 Elena Padilla,, Ph.D. of New York City, Steven 16 Pinheiro, M.D. of Loudonville, and Anthony 17 Szczygiel of Buffalo, and also Judith B. Wessler 18 of New York City. 19 Member of the Allegany State Park 20 Recreation and Historic Preservation Committee: 21 Charles Porpiplia of Dunkirk. 22 Member of the New York State 23 Medical Care Facilities Finance Agency: Donald 7293 1 M. Halperin of Brooklyn. 2 Director of the state of New York 3 Mortgage Agency: Jerome M. Becker of New York 4 City. 5 Member of the Metropolitan 6 Transportation Authority: Peter S. Kalikow of 7 New York City and Abraham M. Lackman of 8 Brooklyn. 9 Member of the New York State 10 Racing & Wagering Board: Bennet Liebman of 11 Slingerlands. 12 Member of the Board of Directors 13 of the New York State Science and Technology 14 Foundation: Thomas J. Kelly of Huntington. 15 Member of the Albany Pine Bush 16 Preserve Commission: Ralph Sponable of Albany. 17 Member of the Council on Human 18 Blood and Transfusion Services: Celso Bianco, 19 M.D., of New York City and Dennis Galanakis, 20 M.D., of Stony Brook. 21 Member of the State Public 22 Transportation Safety Board: Carmen F. Arcuri of 23 Utica, and Leonard Braun of Greak Neck. 7294 1 Member of the Advisory Council to 2 the Commission on Quality of Care for the 3 Mentally Disabled: Martin H. Von Holden of 4 Rochester. 5 Member of the Board of Directors 6 of the Roosevelt Island Operating Corporation: 7 Otis Jones of Howard Beach and Ronald T. Vass, 8 of Roosevelt Island. 9 Director of the Municipal 10 Assistance Corporation for the city of New York: 11 Fritz W. Alexander, II of the Bronx, Kenneth 12 Bialkin of New York City, Abraham Biderman of 13 Brooklyn, William J. Mulrow of New York City, 14 Ann Daley Printon of New York City and Thomas J. 15 Tisch of New York City. 16 Member of the Board of Directors 17 of the New York Convention Center Operating 18 Corporation: Mary A. D'Elia of New York City, 19 Martin A. Kornreich of Harrison. 20 Board of Trustees of the City 21 University of New York: Jerome Berg of Staten 22 Island. 23 SENATOR GOLD: Mr. President. 7295 1 THE PRESIDENT: Senator Gold. 2 SENATOR GOLD: Yeah, I would not 3 object to the Secretary reading the rest of this 4 particular list, but I'm going to ask that we 5 then vote on that list but hold Mr. Berg for a 6 separate vote after that. I'm just putting you 7 on notice. No objection says the chairman. 8 THE SECRETARY: Member of the 9 Board of Visitors of the Capital District 10 Psychiatric Center: Florence Frazier of Albany. 11 Member of the Board of Visitors 12 of the Elmira Psychiatric Center: Floyd R. Haff 13 of Cohocton. 14 Member of the Board of Visitors 15 of the Kings Park Psychiatric Center: Ronald C. 16 Manning of Coram, Theresa Murphy of Babylon. 17 Member of the Board of Visitors 18 of the Queens Children's Psychiatric Center: 19 Irma H. Serrano of Forest Hills. 20 Member of the Board of Visitors 21 of the Oswald D. Heck Developmental Center: 22 Francis J. Sheridan of Delmar. 23 Member of the Letchworth Village 7296 1 Developmental Center: Elizabeth Berman of 2 Liberty. 3 Member of the Board of Visitors 4 of the West Seneca Developmental Center: N. 5 Anne Wolf of Sanborn. 6 Member of the Board of Visitors 7 of the Sunmount Developmental Center: Donald J. 8 Sabin of Tupper Lake and Carolyn Smith of 9 Massena. 10 Member of the Board of Visitors 11 for the New York State Home for Veterans and 12 their Dependents at St. Albans: Anthony J. Minei 13 of Freeport. 14 Member of the Board of Visitors 15 of the New York State Home for Veterans and 16 their dependents at Batavia: R. Stephen Hawley 17 of Batavia, Reverend Paul E. Klett of Webster, 18 Mentor C. Murphy of Batavia, and Mary Ann O'Coin 19 of Rochester. 20 Member of the Board of Visitors 21 of the New York State Home for Veterans and 22 their Dependents at Oxford: Charles E. Dolson, 23 Jr. of North Syracuse. 7297 1 Member of the Board of Visitors 2 of the Roswell Park Memorial Institute: Morton 3 H. Abramowitz, Esq. of Niagara Falls and also, 4 John Robert Wright, M.D. of Williamsville. 5 Member of the Board of Visitors 6 of the New York State School for the Blind, 7 Elaine M. Powers of Buffalo. 8 SENATOR GOLD: Mr. President. 9 SENATOR LEICHTER: Mr. President. 10 THE PRESIDENT: Senator Leichter. 11 SENATOR LEICHTER: I'm sorry, I 12 wasn't attentive enough, but did you read off 13 the appointments to the Metropolitan Transit 14 Authority? 15 SENATOR GOLD: Yes. 16 SENATOR LEICHTER: May I ask that 17 you please hold Peter Kalikow? I would like to 18 speak on it, Senator. 19 SENATOR GOLD: You can speak on 20 it now. You can speak on it. 21 Mr. President. 22 THE PRESIDENT: Senator Gold. 23 SENATOR GOLD: I believe under 7298 1 our procedure, any member can speak on any of 2 the names on that list, if you want to. 3 THE PRESIDENT: That is correct. 4 SENATOR GOLD: So you can speak 5 right now, if you would like to, Senator. 6 SENATOR LEICHTER: I thought the 7 procedure was that we were going to do those 8 that were non-controversial and leave the - 9 THE PRESIDENT: The Secretary has 10 read the entire list of appointments. All of 11 those appointments are before the Senate. Any 12 Senator can speak on any of the nominees for - 13 Senator Gold requested a separate vote on the 14 nominee for the City University Board of 15 Trustees, and it would be the inclination of the 16 Chair to take a separate vote if any Senator 17 wants a separate vote, but on discussion, 18 they're all before the Senate. 19 SENATOR LEICHTER: Mr. President, 20 I have no problem in following that procedure, 21 although I hope it would be possible under that 22 procedure if I were able to cast a negative vote 23 on one of these appointees. 7299 1 THE PRESIDENT: Absolutely. If 2 any Senator wants to cast a negative vote, just 3 will so indicate. 4 SENATOR LEICHTER: Yeah. Then, 5 Mr. President, let me address the appointment of 6 Peter Kalikow to the membership of the 7 Metropolitan Transportation Authority. 8 I'm not going to take long on 9 that partly because there's very little to be 10 said in favor of his appointment, very little 11 that he brings to the Authority as far as a 12 background that we could say, "This is the sort 13 of person who has shown an interest, who has a 14 knowledge, who has an experience, who has an 15 outlook that we want him to serve in the 16 Metropolitan Transportation Authority. I take 17 this as is a very political appointment, and 18 I regret it because the MTA is terribly 19 important. I very much appreciate - 20 THE PRESIDENT: Senator Leichter. 21 SENATOR LEICHTER: (Cont'g) I 22 just want to say, Mr. President, I very much 23 appreciate many of the things that Senator Levy 7300 1 has done, and he's always been extremely 2 courteous to me knowing my interest in the MTA, 3 although I don't have the pleasure of serving on 4 his committee, and I'm sorry if I need to 5 disagree with him on this particular 6 appointment. 7 As I think everybody knows, Mr. 8 Kalikow was the owner of the New York Post and 9 it's my distinct memory that editorially the 10 Post was highly critical of the capital program 11 of the MTA. It's difficult for me to see that 12 somebody who expressed himself editorially 13 against that capital program is now going to 14 serve on the MTA. 15 As far as his business acumen 16 goes, all I know is that the Post ended up in 17 bankruptcy. There have been some questions 18 raised about his personal bankruptcy. I don't 19 think this is a distinguished appointment and, 20 Mr. President, when the vote is cast, I ask that 21 you be sure to record me in the negative on that 22 appointment. I'll try to get Mr. Cornell's 23 attention because I want to make sure that the 7301 1 record -- Mr. President? 2 SENATOR GOLD: Mr. President. 3 SENATOR LEICHTER: Yeah. 4 ACTING PRESIDENT LACK: Senator 5 Leichter. 6 SENATOR LEICHTER: I just want to 7 make sure that the desk hears me and make sure 8 to record me in the negative on the appointment 9 of Peter S. Kalikow as a member of the 10 Metropolitan Transportation Authority. 11 ACTING PRESIDENT LACK: Senator 12 Leichter, you will be so recorded in the 13 transcript that you're voting in the negative on 14 that. 15 Senator Levy. 16 SENATOR LEVY: Yes, Mr. 17 President. Let me just respond to Senator 18 Leichter by saying, number one, I really have no 19 recollection -- and there's been such a turnover 20 of publishers of the New York Post. I really 21 have no recollection, and I certainly would 22 recall it, Senator, if when Peter Kalikow was 23 the publisher of the Post, that he opposed the 7302 1 capital plan. 2 My recollection of the Post 3 editorial position was that of the same position 4 as the Times, New York Newsday, the Daily News 5 as being very supportive of the MTA, the Transit 6 Authority, mass transit in the region and the 7 capital plan. 8 Let me also say, Senator 9 Leichter, that -- that I am pleased to have 10 played a part, but only a part in the nomination 11 of Peter Kalikow to serve on the MTA board. 12 Equal partners or greater 13 partners in -- in the nomination of Peter 14 Kalikow where, number one, the Governor of the 15 state of New York on his own initiative who 16 recommended Mr. Kalikow to be a member of the 17 MTA board, and since this was a position that 18 Governor Carey first and then Governor Cuomo 19 consulted with and accepted the recommendation 20 of the Majority Leader of this house for this 21 particular position, it was originally filled by 22 Connie Aristoff on the recommendation of Senator 23 Warren Anderson and then Senator Marino. 7303 1 Senator Marino was a prime mover in the nomi 2 nation along with the Governor of Peter Kalikow 3 to be a member of this board. 4 And I have to tell you that I 5 have known Peter Kalikow for many years. He is 6 a successful business person. He is involved in 7 community activities, and as Senator Goodman 8 indicated at his confirmation hearing, he is 9 involved successfully in the widest spectrum of 10 philanthropic activities on behalf of the city 11 of New York, so I have great confidence unlike 12 you, Senator Leichter, that Peter Kalikow will 13 be an addition to the MTA board and I am 14 certainly going to vote in the affirmative on 15 Mr. Kalikow's nomination. 16 THE PRESIDENT: Senator Daly. 17 SENATOR DALY: Mr. President, I 18 am indeed very happy and proud to rise, hidden 19 or immersed in that long list of names that you 20 presented to us tonight for confirmation, is the 21 name of Abraham Lackman, otherwise known as Abe 22 Lackman. 23 Now, I doubt very much if there 7304 1 are many of the men and women who sit here in 2 this chamber who are not aware of that name, and 3 I am very, very proud to say that I am certainly 4 because I can tell you, Mr. President, that I 5 have met fewer people in my life -- I should say 6 I have met many people in my life but not very 7 many who are as bright as Abe Lackman and fewer 8 who are as nice as Abe Lackman. 9 He certainly presented to the 10 Senate when he served with us, his complete, 11 full and dedicated efforts. He contributed 12 magnificently to the entire state of New York 13 and particularly to this body. I'm delighted to 14 see Abe Lackman on the list as a member of the 15 MTA. I'm more delighted to have him with us 16 tonight, I'm sure we all are, and I'm also 17 certain that my colleagues join me in welcoming 18 Abe back to Albany for at least one day and 19 wishing him well indeed in his new assignment 20 with the MTA. 21 ACTING PRESIDENT LACK: Senator 22 Maltese. 23 SENATOR MALTESE: Yes, Mr. 7305 1 President. 2 I rise to add my words to those 3 of Senator Levy to second the nomination of 4 Peter Kalikow, his wide experience, business 5 appearance and background. I've known him for 6 many years. I feel that he brings an expertise 7 and experience to the position that cannot - 8 that can be matched by very, very few people. 9 I'm pleased and proud to second the nomination. 10 ACTING PRESIDENT LACK: Senator 11 Goodman. 12 SENATOR GOODMAN: Mr. President, 13 I was somewhat disturbed to hear the comments of 14 my distinguished colleague with respect to Mr. 15 Kalikow, my colleague on the other side of the 16 aisle, and I rise to bring to his attention 17 something that I think is most relevant to this 18 nomination. 19 That is that during the period of 20 discussion of this nominee, Senator Leichter, 21 the question arose with respect to policies on 22 the subway fare. 23 I know that you and I would 7306 1 certainly find common ground in agreeing that it 2 is imperative that the subway fare, particularly 3 in the city of New York be held at the lowest 4 possible level, and in response to questions 5 with regard to the fare, Mr. Kalikow pointed out 6 that on any occasion when the subway fare rises, 7 there is an inverse relationship to the level of 8 the fare and the usage of the subway system, and 9 he pointed out the dangerous downward spiral 10 which exists when a subway fare goes up and 11 usership declines and indicated a strong 12 commitment to keeping the subway fare at the 13 lowest possible level. Now, that's something 14 substantive which relates directly to this, and 15 with regard to his business acumen which you 16 question, I would like to point out that he 17 comes from a very distinguished background 18 within the real estate business that he himself 19 accumulated an enormous personal fortune in real 20 estate. 21 He's received architectural 22 awards for the quality of the buildings which he 23 has built and that the misfortune which his 7307 1 company underwent was directly related to the 2 serious downward drop in real estate values 3 throughout the city of New York which saw some 4 of its top realtors, unfortunately, thrown into 5 bankruptcy or serious financial embarrassment 6 clearly related to circumstances beyond their 7 control. 8 I take the liberty of bringing 9 this to your attention because the MTA is 10 obviously highly important and Senator Levy, I 11 think very properly pointed out the extensive 12 philanthropic involvements of Mr. Kalikow, the 13 fact that he has been in the New York Hospital 14 complex as a pioneer in developing special 15 treatment programs and I really feel, Senator, a 16 man of your fairness should consider these 17 factors before reaching a negative conclusion 18 with regard to this nominee. 19 Finally, Mr. President, with 20 regard to Abe Lackman, I would simply like to 21 add an enthusiastic word of the warmest support 22 of this candidate. I happen to have warmly 23 recommended him to the mayor of the city of New 7308 1 York for the position which he presently holds 2 as budget director and as I'm sure everyone in 3 this chamber has noted, Abe Lackman, a member of 4 the Senate family for many years, has done us 5 proud in the superb work he's done in helping to 6 close the city's enormous multi-billion dollar 7 budget gap, and this certainly could not be a 8 better appointment to MTA. 9 On balance, therefore, I respect 10 fully submit that these two nominees will 11 significantly strengthen this highly important 12 authority in which we all have a stake. 13 ACTING PRESIDENT LACK: Senator 14 Levy. 15 SENATOR LEVY: Thank you very 16 much, Mr. President. 17 I really hadn't intended to speak 18 on the Kalikow nomination. I really wanted to 19 speak on Abraham Lackman's nomination to be a 20 member of the MTA. It's really a great honor 21 and privilege and a genuine pleasure to rise to 22 speak about Abe Lackman. 23 Abe Lackman is a close personal 7309 1 friend of mine, but having said that, Abe 2 Lackman is really a close personal friend of 3 everyone on both sides of the aisle who has 4 known Abe and who has worked with him, and I see 5 Senator Oppenheimer shaking her head. 6 I know that I speak for everybody 7 when I say how -- how proud we are that the 8 mayor of the city of New York selected Abe 9 Lackman to be his budget director, and as -- as 10 some of my colleagues have already said, Abe has 11 the most extraordinary ability, the most extra 12 ordinary experience base, and he has the most 13 extraordinary imagination, and I want to tell 14 you, when I look at the MTA, if there is anyone 15 that can straighten that authority out, it's Abe 16 Lackman, and I congratulate the Governor on 17 sending his nomination up. I congratulate the 18 mayor, and I look forward as I'm sure everyone 19 does, to working with Abe for many, many years 20 in the future. 21 Thank you very much, Mr. 22 President. 23 ACTING PRESIDENT LACK: Senator 7310 1 Montgomery. 2 SENATOR MONTGOMERY: Mr. 3 President, I rise to join Senator Leichter in 4 having my vote for Mr. Peter Kalikow in the 5 negative recorded, and I vote no because of his 6 association with the New York Post and 7 recognizing that that paper has had a less than 8 respectful view and presentation of people of 9 color in the city of New York, and since the MTA 10 -- the ridership in New York City is to a very 11 large extent, people of color and poor and 12 working people, I would not -- I would not 13 certainly choose to have the former publisher of 14 the New York Post be a member of the MTA board. 15 So I want to have my no vote on record and 16 recorded tonight. 17 Thank you, Mr. President. 18 ACTING PRESIDENT LACK: Senator 19 Smith. 20 SENATOR SMITH: Thank you, Mr. 21 President. 22 I rise first to support the 23 appointment of Abraham Lackman. He will bring 7311 1 honor, competence and creativity to this 2 position, and I'm also saddened that I must 3 request, Mr. President, that I be recorded in 4 negative on the appointment of Peter Kalikow. 5 Thank you. 6 ACTING PRESIDENT LACK: Senator 7 Farley. 8 SENATOR FARLEY: Thank you, Mr. 9 President. 10 As Senator Levy noted that 11 Senator Oppenheimer was shaking her head, it was 12 in an affirmative type of shake as I saw from my 13 seat. 14 Let me just say, I rise in 15 support of Abe Lackman. I've seen a lot of 16 people working with the Senate family. He's one 17 of the gifted, most gifted and brightest people 18 that I've ever known, and I compliment Mayor 19 Giuliani on this appointment. I compliment him 20 on choosing him for the incredible post that he 21 has from the New York City finances. 22 Abe Lackman has been a stalwart 23 with Senate Finance and for this house for a 7312 1 number of years, and I would vote for Abe 2 Lackman to be appointed for anything on this 3 sheet. He's an outstanding guy and we're very 4 fortunate to have him still in public service. 5 I vote in the affirmative. 6 ACTING PRESIDENT LACK: Senator 7 Padavan. 8 SENATOR PADAVAN: Thank you, Mr. 9 President. 10 I want to endorse all of the 11 superlatives and the adjectives and the praise 12 heaped upon Mr. Lackman by Senator Smith, 13 Senator Levy, Senator Goodman and Senator 14 Farley. 15 In my view, there was no person 16 who we could look to in the Senate Finance when 17 dealing with some very complex issues -- Safe 18 Streets, Safe Cities was one of them, there were 19 many others -- that could have been handled any 20 better than the way it was handled by Abe 21 Lackman. 22 His only problem is, however, 23 he's left a paper trail that follows him all the 7313 1 way to City Hall where we remind him that he can 2 not undo what he did here because he did it so 3 well, but in addition to all of his other great 4 attributes, he's also very modest, which is why 5 he's sitting way in the back up there. This is 6 a very fine human being, a lot of modesty and a 7 lot of talent, a lot of ability, and the mayor 8 -- believe me, I don't know where the mayor 9 would be today with that budget he somehow got 10 through, if it wasn't for Abe Lackman. 11 ACTING PRESIDENT LACK: Senator 12 Ohrenstein. 13 SENATOR OHRENSTEIN: Mr. 14 President, I too want to join all of the 15 adjectives about Abe Lackman. 16 I would say to Senator Padavan, 17 your great enthusiasm for Abe Lackman as an 18 advisor while he was on the Finance Committee, I 19 would simply turn around your conclusion and 20 say, "If you listened to him so adroitly at that 21 time, why aren't you listening to him now?" 22 Anyway, I think I too want to 23 congratulate Abe for being a really terrific 7314 1 budget director for the new mayor. I think they 2 have done very well in a very, very difficult 3 time, and they even did pretty well here in 4 convincing a lot of people about things that had 5 to be done. They didn't win all the fights and 6 I hope they will win a few more next year. 7 I think his joining the MTA is a 8 very, very good thing. The MTA like all 9 agencies of this type which are very important, 10 very powerful and deliver a public service of 11 extraordinary importance needs to have some new 12 blood. I think the history of the last -- of 13 the last few weeks in terms of the performance 14 of the MTA during the Long Island Rail Road 15 negotiations, some other public matters that I 16 was involved in personally, really in my opinion 17 left a lot to be desired in terms of the 18 direction and some of the finer points of the 19 MTA's policymaking and service, so to have some 20 new people, some from the business world, some 21 from the government world joining this agency, I 22 think gives me great confidence that we're going 23 to have some new thinking and some new blood 7315 1 and, perhaps even some new leadership, so I 2 certainly congratulate the mayor for this 3 appointment, and I assume he will be unanimously 4 designated. 5 ACTING PRESIDENT LACK: Senator 6 Marchi. 7 SENATOR MARCHI: Mr. President, 8 I'm compelled under these circumstances to tell 9 you the truth about Abraham Lackman. Where is 10 he, the back row somewhere, right? 11 Some of you may know Seymour 12 Lackman who is related to him, is his cousin or 13 his uncle, I'm not sure, but I took Abraham 14 Lackman when he was just a callow youth, and I 15 knew that he had these genetic qualities that 16 were current in the Lackmans because I knew his 17 -- Seymour, and I took him and taught him the 18 multiplication table, taught him the very 19 elements of economics and budgeting, and slowly 20 but surely these qualities grew and blossomed 21 and finally, he became the consummate budgetier, 22 economist and gifted servant that you have all 23 unanimously recognized. 7316 1 So I very immodestly take great 2 pride in my handiwork, and if the past is 3 prologue, "we ain't seen nothing yet", because 4 he's a young man, a very decent man, a wonderful 5 family person, and he has all the personal 6 qualities that endear him to people, and at the 7 same time, all of the gifted abilities that he 8 brings to play in the service of the people of 9 the city of New York now. 10 I take pardonable pride in having 11 had such a viable role in his formation, and I 12 know that we will get that unanimous vote that 13 Senator Ohrenstein was calling for in advancing 14 his name in the service of the people of this 15 state. 16 ACTING PRESIDENT LACK: Senator 17 Maltese. 18 SENATOR MALTESE: Mr. President, 19 having spoken to second the nomination of Peter 20 Kalikow, I could not let the opportunity go by 21 without also speaking on behalf of Abe Lackman. 22 Certainly in his new position, I do not want to 23 be the only New York City Senator in the 7317 1 majority to not say a kind word about Abe. 2 Certainly, now that this hearing 3 has revealed that he learned everything that he 4 knows at the knee of Senator John Marchi and has 5 accumulated this vast reservoir of experience in 6 the financial field and in the multiplication 7 tables as Senator Marchi has indicated, 8 indicates that he is well suited for the 9 position that mayor -- the mayor of the city of 10 New York has nominated him for. 11 I share Senator Ohrenstein's 12 feelings that perhaps this new blood Abe Lackman 13 and Mr. Kalikow could bring to the MTA board 14 will serve all the citizens of the state -- of 15 the city of New York and, in addition, the state 16 of New York well. Abe brings to the position, 17 not only that vast reservoir of knowledge that 18 Senator Marchi and others have spoken about, but 19 I think a keen analytical sense and the element 20 -- the key elements of common sense that will 21 serve the mayor of the city of New York well and 22 all of us well. 23 I'm proud to second the 7318 1 nomination and wish him and his family well. 2 ACTING PRESIDENT LACK: Senator 3 DiCarlo. 4 SENATOR DiCARLO: This being the 5 sixth and last City Republican Senator, I feel 6 compelled to stand. 7 I can't take any credit for Abe 8 Lackman, but I find it necessary to congratulate 9 you, Abe. We're proud. 10 SENATOR COOK: Mr. President. 11 ACTING PRESIDENT LACK: Senator 12 Cook. 13 SENATOR COOK: Mr. President, I 14 think that Senator Marchi, the one talent he 15 forgot to mention was prestidigitation which 16 also is something that Mr. Lackman is very good 17 at. 18 Abe, we've admired you through 19 the years for what you've done around here and 20 already what you've done in the City and we 21 certainly wish you well. 22 ACTING PRESIDENT LACK: The 23 question is on the confirmation of all the 7319 1 appointees with the exception of - 2 SENATOR STAFFORD: Mr. President. 3 ACTING PRESIDENT LACK: Senator 4 Stafford. 5 SENATOR STAFFORD: I would 6 mention that Abe always shows good judgment and 7 Paul Reuss said that he showed the good judgment 8 to leave when I became chairman of Finance, but 9 we've worked with him. I will say that we 10 remember how good he was on the revenue side 11 and, Abe, if there are any extra revenues, I 12 know you'll find them for the city, but if you 13 have any for us, we're always interested, always 14 interested, but I, on a serious note, certainly 15 support this tremendous nomination and we're all 16 better for it. 17 ACTING PRESIDENT LACK: The 18 question is on the confirmation of all the 19 announced appointees with the exception of the 20 appointee to the Board of Trustees of the City 21 University of New York. All those in favor aye. 22 (Response of "Aye".) 23 Contrary, nay. 7320 1 (There was no response.) 2 On behalf of Senate, I 3 congratulate all of the new appointments, 4 including one who has been hiding up in our west 5 gallery in the last chair, and I'm proud to 6 announce tonight that after working for the city 7 of New York, he's indeed a long-lost cousin of 8 mine to too. Congratulations to Abe Lackman and 9 all the appointees. It's also noted in this dim 10 light that there's a lot more gray hair in the 11 gallery than there was six months ago before he 12 left. 13 Congratulations to all. 14 (Applause.) 15 SENATOR GOLD: Mr. President. 16 ACTING PRESIDENT LACK: The 17 question is now on the Board of Trustees of the 18 City University of New York. 19 Senator Gold. 20 SENATOR GOLD: Thank you. 21 Mr. President, I'm informed by 22 Senator Stafford that within, I guess about 20 23 minutes now, there will be another meeting of 7321 1 the Finance Committee to deal with the other 2 members of the CUNY board, and so I would 3 respectfully ask that for the time being we just 4 table Mr. Berg's nomination and give him the 5 opportunity to come on the CUNY board with his 6 fellow board members and when the other 7 committee report comes in. 8 I was told -- I was told that we 9 have a few more bills to do and that there's 10 some anticipation of then closing down for the 11 evening, but I guess in the orderly way for 12 which this chamber is so famous, that we can do 13 the CUNY board in one -- in one shot, so I would 14 ask that at the present time it be tabled and go 15 on with our business. 16 ACTING PRESIDENT LACK: Without 17 objection. Is there any objection to tabling 18 the nom... 19 Senator Marchi. 20 SENATOR MARCHI: I request that 21 this nomination be acted upon, Mr. President. 22 SENATOR GOLD: I'm sorry? 23 ACTING PRESIDENT LACK: Senator 7322 1 Marchi, did you request - 2 SENATOR MARCHI: Mr. President. 3 ACTING PRESIDENT LACK: Senator 4 Marchi. 5 SENATOR MARCHI: I repeat my 6 request for the consideration of a determination 7 of this body's will on the question of the 8 nomination of the nominee at this time. 9 SENATOR OHRENSTEIN: At this 10 time - 11 ACTING PRESIDENT LACK: Senator 12 Ohrenstein. 13 SENATOR OHRENSTEIN: If I may 14 address Senator Marchi's request. 15 Senator Marchi, as you know, this 16 body, working in a bipartisan way as we most of 17 the time do, there are lots of complicated 18 matters which we dispose of sometimes in open 19 debate and sometimes in closed debate. I want 20 to simply say that I am fully aware of the 21 matters which surround this particular situation 22 -- it has nothing to do with the individual 23 involved here. It has to do with the completion 7323 1 of the process of doing the CUNY board. I think 2 everybody wants to do it. I think it will 3 contribute to the orderly closing of our 4 business, and I would most respectfully ask you 5 that you accede to the Minority's -- I am fully 6 aware of Senator Gold's request. It was made at 7 the request of the Minority, and I would 8 respectfully ask you to accede to it because 9 we're going to complete this and we will 10 complete it in an orderly way and we will be 11 very proud of what we've done for CUNY as a 12 totality. 13 ACTING PRESIDENT LACK: Senator 14 Marchi. 15 SENATOR MARCHI: Well, I will 16 accede to the request of the distinguished 17 Minority Leader. 18 However, the reasons that impel 19 me to make this request, I am going to discuss 20 them in detail when we consider the nominees en 21 bloc so that this will not stay my determination 22 to point my finger at something that cries to 23 heaven for vengeance, I think, in terms of fair 7324 1 treatment under the City University. 2 ACTING PRESIDENT LACK: At the 3 request of Senator Gold with the concurrence of 4 Senator Marchi, the nomination of Jerome Berg of 5 Staten Island to the Board of Trustees of City 6 University of New York, is temporarily laid 7 aside pending the Finance Committee meeting. 8 ACTING PRESIDENT LACK: Senator 9 Levy. 10 SENATOR LEVY: Yes, Mr. 11 President. 12 ACTING PRESIDENT LACK: Senator 13 Stafford. 14 SENATOR STAFFORD: Excuse me, 15 Senator Levy, but I wanted to give everybody as 16 much notice as possible. There will be a 17 meeting of the Finance Committee at 1:15 in Room 18 332 and we certainly look forward to having 19 everyone there and we will accordingly greet 20 everyone. 21 ACTING PRESIDENT LACK: The next 22 meeting of the Finance Committee will take place 23 in the Senate Majority Conference Room, Room 7325 1 332. 2 Senator Levy. 3 SENATOR LEVY: Yes, Mr. 4 President. There will be an immediate meeting 5 of the Transportation Committee to consider the 6 nomination of John Dyson to be a member of the 7 Metropolitan Transportation Authority. The 8 meeting will take place in Room 124. 9 ACTING PRESIDENT LACK: Immediate 10 meeting of the Transportation Committee 11 downstairs in Room 124 for consideration of an 12 appointment. 13 Senator Nanula. 14 SENATOR NANULA: Mr. President, I 15 will like to request unanimous consent to be 16 recorded in the negative on Calendar 206, 1480 17 and 1517. 18 ACTING PRESIDENT LACK: Without 19 objection, the Senator will be recorded in the 20 negative on those three bills. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 can we call up Calendar 856. 7326 1 ACTING PRESIDENT LACK: The 2 Secretary will read Calendar 856. 3 THE SECRETARY: The Secretary 4 will read Calendar 856 which is on page 17 of 5 the regular calendar. 6 THE SECRETARY: Calendar Number 7 856, Senator Libous moves to discharge the 8 Committee on Rules from Assembly Bill Number 9 10884-A and substitute it for the identical 10 Third Reading 856. 11 SENATOR PRESENT: Mr. President. 12 ACTING PRESIDENT LACK: 13 Substitution is ordered. 14 Senator Present. 15 SENATOR PRESENT: Is there a 16 message of necessity at the desk on this bill? 17 ACTING PRESIDENT LACK: There's a 18 message at the desk, Senator. Senator Present 19 moves the acceptance of message of necessity. 20 All those in favor, aye. 21 (Response of "Aye".) 22 Contrary, nay. 23 (There was no response.) 7327 1 The message is accepted. 2 Last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LACK: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 60. 9 ACTING PRESIDENT LACK: The bill 10 is passed. 11 Senator Present -- excuse me, 12 Senator Stachowski. 13 SENATOR STACHOWSKI: Mr. 14 President, may I have unanimous consent to be 15 recorded in the negative on Calendar Number 16 206? 17 ACTING PRESIDENT LACK: Without 18 objection, Senator Stachowski will be recorded 19 in the negative. 20 Senator Present. 21 Senator Cook. 22 SENATOR COOK: Mr. President, 23 would you please remove a star on Calendar 666? 7328 1 ACTING PRESIDENT LACK: At the 2 sponsor's request, the star will be removed on 3 Calendar 666. 4 Senator Libous. 5 SENATOR LIBOUS: Mr. President, 6 on behalf of Senator Levy, please remove a star 7 on Calendar Number 607. 8 ACTING PRESIDENT LACK: At the 9 request of the sponsor, the star is removed on 10 Calendar Number 607. Are there other motions 11 and resolutions? 12 Senator Farley. 13 SENATOR FARLEY: Thank you, Mr. 14 President. 15 On behalf of Senator Seward, I 16 wish to call up his bill, Print Number 7508-B, 17 recalled from the Assembly which is now at the 18 desk. 19 ACTING PRESIDENT LACK: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 889, Senate Bill Number 7508-B, by Senator 23 Seward, an act to amend the Public Authorities 7329 1 Law. 2 ACTING PRESIDENT LACK: Senator 3 Farley. 4 SENATOR FARLEY: I now move to 5 reconsider the vote by which Senator Seward's 6 bill passed. 7 ACTING PRESIDENT LACK: The 8 Secretary will call the roll on reconsideration. 9 (The Secretary called the roll on 10 reconsideration.) 11 THE SECRETARY: Ayes 60. 12 ACTING PRESIDENT LACK: The bill 13 is before us, Senator. 14 SENATOR FARLEY: I now offer the 15 following amendments. 16 ACTING PRESIDENT LACK: The 17 amendments are received. The bill will retain 18 its place. 19 Senator Johnson. 20 SENATOR JOHNSON: Mr. President, 21 I wish to call up my bill, Print Number 8584, 22 recalled from the Assembly which is now at the 23 desk. 7330 1 ACTING PRESIDENT LACK: The 2 Secretary will read. 3 THE SECRETARY: By Senator 4 Johnson, Senate Bill 8584, in relation to 5 providing a retirement incentive for certain 6 employees in the town of Babylon. 7 ACTING PRESIDENT LACK: Senator 8 Johnson. 9 SENATOR JOHNSON: Mr. President, 10 I now move to reconsider the vote by which this 11 bill was passed. 12 ACTING PRESIDENT LACK: The 13 Secretary will call the roll on reconsideration. 14 (The Secretary called the roll on 15 reconsideration.) 16 THE SECRETARY: Ayes 60. 17 ACTING PRESIDENT LACK: The bill 18 is on the floor, Senator. 19 SENATOR JOHNSON: I now offer the 20 following amendments. 21 ACTING PRESIDENT LACK: The 22 amendments are received. The bill will retain 23 its place. 7331 1 Senator Mendez. 2 SENATOR MENDEZ: Mr. President, I 3 am -- I wish to be recorded in the negative on 4 Calendar Number 1485. 5 ACTING PRESIDENT LACK: Senator 6 Mendez will, without objection, be recorded in 7 the negative on Calendar Number 1485. 8 Senator Montgomery. 9 SENATOR MONTGOMERY: Mr. 10 President, I would like unanimous consent to be 11 recorded in the negative on Calendar Number 12 18... 1485. 13 ACTING PRESIDENT LACK: Without 14 objection, Senator Montgomery is recorded in the 15 negative on the same bill. 16 Senator Santiago. 17 SENATOR SANTIAGO: Without 18 objection, I would like to be recorded in the 19 negative on Calendar 1485. 20 ACTING PRESIDENT LACK: Senator 21 Santiago will be recorded in the negative on 22 1485. 23 Senator Waldon. 7332 1 SENATOR WALDON: Mr. President, I 2 request unanimous consent and the same courtesy. 3 ACTING PRESIDENT LACK: On 1485 4 as well? 5 SENATOR WALDON: On 1485. 6 ACTING PRESIDENT LACK: Senator 7 Waldon will be recorded in the negative, without 8 objection, on Calendar 1485. 9 Senator Paterson. 10 SENATOR PATERSON: Mr. President, 11 with unanimous consent, I also would like to be 12 recorded in the negative on Calendar Number 13 1485. 14 ACTING PRESIDENT LACK: Without 15 objection, you will be recorded in the negative 16 on Calendar 1485. 17 Senator Rath. 18 SENATOR RATH: Mr. President, I 19 would like to have unanimous consent to be 20 recorded in the negative on Calendar 268. 21 Thank you. 22 ACTING PRESIDENT LACK: Without 23 objection, Senator Rath will be in the negative 7333 1 on Calendar 268. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 can we call up, on the first active list, 5 Calendar 1287? 6 ACTING PRESIDENT LACK: The 7 Secretary will read Calendar 1287 which is on 8 page 25 of the regular calendar. 9 THE SECRETARY: Calendar Number 10 1287, Senator Rath moves to discharge the 11 Committee on Rules from Assembly Bill Number 12 11887 and substitute it for the identical 13 Calendar Number 1287. 14 ACTING PRESIDENT LACK: The 15 substitution is ordered. 16 Last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LACK: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 60. 23 ACTING PRESIDENT LACK: The bill 7334 1 is passed. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 first active calendar, Calendar 1502. 5 ACTING PRESIDENT LACK: The 6 Secretary will please read Calendar 1502 which 7 is on page 34 of the regular calendar. 8 THE SECRETARY: Calendar Number 9 1502, Senator LaValle moves to discharge the 10 Committee on Rules from Assembly Bill Number 11 10895-A and substitute it for the identical 12 Third Reading 1502. 13 ACTING PRESIDENT LACK: The 14 substitution is ordered. 15 Senator Present. 16 SENATOR PRESENT: Mr. President, 17 is there a message of necessity at the desk? 18 ACTING PRESIDENT LACK: There is 19 a message at the desk. On the motion of Senator 20 Present to accept the message, all those in 21 favor, aye. 22 (Response of "Aye".) 23 Contrary, nay. 7335 1 (There was no response.) 2 The message is accepted. 3 Last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LACK: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 60. 10 ACTING PRESIDENT LACK: The bill 11 is passed. 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 on the first active calendar, 1530. 15 ACTING PRESIDENT LACK: The 16 Secretary will please read Calendar 1530 on page 17 38 of the regular calendar. 18 THE SECRETARY: Calendar Number 19 1530, by the Assembly Committee on Rules, 20 substituted earlier today, Assembly Bill Number 21 12207, an act to amend the General Municipal 22 Law. 23 ACTING PRESIDENT LACK: Last 7336 1 section. 2 SENATOR PRESENT: No, Mr. 3 President -- Mr. President, is there a message 4 of necessity on 1530? 5 ACTING PRESIDENT LACK: There is 6 a message on the motion of Senator Present to 7 accept the message, all those in favor, aye. 8 (Response of "Aye".) 9 Contrary, nay. 10 (There was no response.) 11 The message is accepted. 12 Now last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LACK: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 60. 19 ACTING PRESIDENT LACK: The bill 20 is passed. 21 Senator Present. 22 SENATOR PRESENT: Can we go back 23 to 1527 on the first calendar? 7337 1 ACTING PRESIDENT LACK: 1527, 2 also on page 38 of the -- today's calendar. The 3 Secretary will read. 4 The bill is high, Senator. Both 5 bills are high and there is no message. 6 Senator Present, both bills are 7 high in this house, available for passage 8 tomorrow. 9 SENATOR PRESENT: On the second 10 active list, 1568. 11 ACTING PRESIDENT LACK: The 12 Secretary will please read Calendar 1568 on the 13 active list, Senate Supplemental Calendar Number 14 185. 15 THE SECRETARY: Calendar Number 16 1568, substituted earlier today, by member of 17 the Assembly John, Assembly Bill Number 10926-A, 18 an act to amend the Education Law. 19 ACTING PRESIDENT LACK: Senator 20 Present. 21 SENATOR PRESENT: Mr. President, 22 is there a message of necessity at the desk for 23 1568? 7338 1 ACTING PRESIDENT LACK: Senator, 2 there is a message. On the motion of Senator 3 Present to accept the message, all those in 4 favor, aye. 5 (Response of "Aye".) 6 Contrary, nay. 7 (There was no response.) 8 The message is accepted. 9 Last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LACK: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 60. 16 ACTING PRESIDENT LACK: The bill 17 is passed. 18 Senator Present. 19 SENATOR PRESENT: Mr. President, 20 can we take up Calendar 1569? 21 ACTING PRESIDENT LACK: Calendar 22 1569, also on page 5 of the Senate Supplemental 23 Calendar Number 1, the Secretary will read. 7339 1 THE SECRETARY: Calendar Number 2 1569, Senate Budget Bill, Senate Bill Number 3 8861, amends Chapter 53 of the Laws of 1994 4 constituting the aid to localities budget. 5 ACTING PRESIDENT LACK: Senator 6 Present. 7 SENATOR PRESENT: Mr. President, 8 Is there a message of necessity at the desk? 9 ACTING PRESIDENT LACK: There is 10 a message, Senator. On the motion of Senator 11 Present to accept the message of necessity, all 12 those in favor, aye. 13 (Response of "Aye".) 14 Contrary, nay. 15 (There was no response.) 16 The message is accepted. 17 Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LACK: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 60. 7340 1 ACTING PRESIDENT LACK: The bill 2 is passed. 3 Senator Present. 4 SENATOR PRESENT: Take up 5 Calendar 1571. 6 ACTING PRESIDENT LACK: The 7 Secretary will read Calendar 1571 on page 6 of 8 the Senate Supplemental Calendar Number 1. 9 THE SECRETARY: Calendar Number 10 1571, Senator Tully moves to discharge the 11 Committee on Rules from Assembly Bill Number 12 7139-E and substitute it for the identical 13 Calendar Number 1571. 14 ACTING PRESIDENT LACK: The 15 substitution is ordered. 16 SENATOR PRESENT: Mr. President, 17 is there a message of necessity at the desk for 18 1571? 19 ACTING PRESIDENT LACK: There is 20 a message at the desk. On the motion of Senator 21 Present to accept the message, all those in 22 favor, aye. 23 (Response of "Aye".) 7341 1 Contrary, nay. 2 (There was no response.) 3 The message is accepted. 4 Last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LACK: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 60. 11 ACTING PRESIDENT LACK: The bill 12 is passed. 13 SENATOR PRESENT: Mr. President, 14 can we take up Calendar 1556? 15 ACTING PRESIDENT LACK: The 16 Secretary will please read Calendar 1556 on page 17 4 of Senate Supplemental Calendar Number 1. 18 THE SECRETARY: Calendar Number 19 1556, by Senator Tully, Senate Bill Number 20 8394-B, an act to amend the Public Health Law, 21 in relation to primary and preventive obstetric 22 and gynecologic care provided for health 23 maintenance. 7342 1 ACTING PRESIDENT LACK: Last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LACK: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 60. 9 ACTING PRESIDENT LACK: The bill 10 is passed. 11 THE SECRETARY: Ayes 59, nays 1, 12 Senator Cook recorded in the negative. 13 ACTING PRESIDENT LACK: Senator 14 Present. 15 SENATOR PRESENT: Can we take up 16 1567? 17 ACTING PRESIDENT LACK: The 18 Secretary will please read Calendar 1567, page 19 5. 20 THE SECRETARY: Calendar Number 21 1567, by Senator Skelos, Senate Bill Number 22 8829, an act to amend the Education Law. 23 ACTING PRESIDENT LACK: Last 7343 1 section. 2 Senator Jones. 3 SENATOR JONES: Would the Senator 4 yield to a question? 5 ACTING PRESIDENT LACK: Senator 6 Skelos, Senator Jones is asking you to yield. 7 SENATOR JONES: As you know, 8 Senator, I had some questions when this first 9 came up, and I'm really pleased to see that you 10 obtained money and it looks to me like it will 11 be a very excellent program. 12 Could you just clarify for me, 13 does the bill allow for a school district to use 14 Adam Walsh or DARE from existing programs, or 15 does it mandate that they have to use a new 16 one? 17 SENATOR SKELOS: Oh, no, you can 18 use private also. 19 SENATOR JONES: They can use 20 anything that's already out there. 21 SENATOR SKELOS: Yes. 22 SENATOR JONES: I just want to - 23 on the bill. 7344 1 ACTING PRESIDENT LACK: Senator 2 Jones, on the bill. 3 SENATOR JONES: I just want to 4 thank Senator Skelos for adding a lot of things 5 and changing things to this to make it a program 6 that I think is going to be beneficial in every 7 school throughout the state, and as a teacher 8 who spent many years working with children on 9 some of these same topics, I'm pleased to see 10 the program enhanced, and hopefully expanded 11 throughout the state. 12 ACTING PRESIDENT LACK: Last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LACK: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 60. 20 ACTING PRESIDENT LACK: The bill 21 is passed. 22 SENATOOR CONNOR: Mr. President. 23 ACTING PRESIDENT LACK: Senator 7345 1 Connor. 2 SENATOOR CONNOR: Thank you, Mr. 3 President. 4 I'd like to ask unanimous consent 5 to be recorded in the negative on Calendar 6 Number 1420. 7 ACTING PRESIDENT LACK: Without 8 objection, Senator Connor will be recorded in 9 the negative on Calendar 1420. 10 Senator Present. 11 SENATOR PRESENT: Call up 12 Calendar 889. 13 ACTING PRESIDENT LACK: The 14 Secretary will please read Calendar 889 which is 15 on page 18 of the regular calendar. 16 THE SECRETARY: Calendar Number 17 889, Senator Seward moves to discharge the 18 Committee on Rules from Assembly Bill Number 19 10608-C and substitute it for the identical 20 Third Reading 889. 21 ACTING PRESIDENT LACK: The 22 substitution is ordered. Last section. 23 THE SECRETARY: Section 2. This 7346 1 act shall take effect immediately. 2 ACTING PRESIDENT LACK: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 60. 6 ACTING PRESIDENT LACK: The bill 7 is passed. 8 Senator Libous. 9 SENATOR LIBOUS: Thank you, Mr. 10 President. 11 On behalf of Senator - 12 ACTING PRESIDENT LACK: You would 13 like to return to motions and resolutions, 14 Senator? 15 SENATOR LIBOUS: I would like to 16 return to motions and resolutions, please. 17 ACTING PRESIDENT LACK: Senator 18 Libous. 19 SENATOR LIBOUS: On behalf of 20 Senator Volker, Mr. President, I wish to call up 21 his bill, Senate Print Number 8777, recalled 22 from the Assembly which is now at the desk. 23 ACTING PRESIDENT LACK: The 7347 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Volker, Senate Bill Number 8777, in relation to 4 providing a retirement incentive for the city of 5 Buffalo. 6 ACTING PRESIDENT LACK: Senator 7 Libous. 8 SENATOR LIBOUS: Mr. President, I 9 now move to reconsider the vote by which this 10 bill was passed. 11 ACTING PRESIDENT LACK: At 12 Senator Libous' request, will you please 13 reconsider the vote by which this bill was 14 passed. 15 (The Secretary called the roll on 16 reconsideration.) 17 ACTING PRESIDENT LACK: Senator 18 Libous, Senator Volker's bill is now on the 19 floor. 20 SENATOR LIBOUS: Mr. President, I 21 now offer up the following amendments. 22 ACTING PRESIDENT LACK: The 23 amendments to Senator Volker's bill, by Senator 7348 1 Libous, are received and adopted. 2 SENATOR LIBOUS: Thank you very 3 much, Mr. President. 4 ACTING PRESIDENT LACK: You're 5 welcome, Senator. 6 The Secretary will read 7 substitutions. 8 THE SECRETARY: On page 10 of the 9 regular calendar, Senator Larkin moves to 10 discharge the Committee on Rules from Assembly 11 Bill Number 10301-A and substitute it for the 12 identical Third Reading 527. 13 On page 19, Senator Seward moves 14 to discharge the Committee on Rules from 15 Assembly Bill Number 11493-A and substitute it 16 for the identical Third Reading 952. 17 On page 28, Senator Stafford 18 moves to discharge the Committee on Rules from 19 Assembly bill Number 12153 and substitute it for 20 the identical Third Reading 1410. 21 ACTING PRESIDENT LACK: 22 Substitutions are ordered. 23 Senator Saland. 7349 1 SENATOR SALAND: I would like to 2 ask that Calendar 1569 -- I would like to ask 3 that the vote be reconsidered. 4 ACTING PRESIDENT LACK: Senator 5 Saland, we are procuring the bill. 6 SENATOR SALAND: Thank you. 7 ACTING PRESIDENT LACK: Senator 8 Saland, I have been informed that we do have 9 possession of the bill, although -- albeit not 10 exactly here within the chamber, within the 11 Senate's possession, so therefore, the Secretary 12 will call the roll on reconsideration on Senate 13 1569. 14 (The Secretary called the roll on 15 reconsideration.) 16 THE SECRETARY: Ayes 60. 17 ACTING PRESIDENT LACK: All 18 right, Senator. We'll say it it's here. 19 SENATOR SALAND: Thank you, Mr. 20 President. 21 I guess it would be appropriate 22 for me to ask that the bill be laid aside at 23 this point? The Chair tells me I can address 7350 1 the body on 8861, Calendar 1569. 2 This bill, as I understand it, 3 Mr. President, contains the federal drug monies, 4 federal drug monies somewhere in the area of $15 5 million. The bill draft I have here which is 6 off the computer, not the offical bill draft, 7 shows $14,987,900. 8 Previously when we passed the 9 state operations budget earlier this year, it 10 contained some $7.5 million. You're talking 11 somewhere in excess of $22 million. 12 I would suggest to you as you 13 peruse the long list of those organizations that 14 are going to be receiving money, please don't 15 run to your telephones and please don't get out 16 your letters telling them that they will be 17 receiving those dollars, because I would again 18 like to remind you, that due to the fact that 19 this state has not adopted legislation required 20 by the federal government, legislation which 21 requires us to have on our books by September 30 22 of 1994, the ability for the victim of a sex 23 offense crime to apply to the court and have her 7351 1 or his assailant tested for HIV, we will lose 2 ten percent of those $20-plus million. Those 3 monies are illusory. Those monies are not 4 there, and if we fail to act, all of those folks 5 that you see listed -- and I have two plus pages 6 of various items going to various organizations 7 throughout this state -- I'm assuming that they 8 will take at least a ten percent hit or, in 9 fact, if it's totally unrestricted or 10 unfettered, may, in fact, wind up with some 11 organizations taking far greater hits than 12 others, far greater reductions. We're talking 13 law enforcement entities. 14 Now, I'm not here to advocate 15 that we do not pass this bill. I am here to 16 make sure that we pass this bill with our eyes 17 open. I'm here basically to say that the second 18 floor in submitting this bill to us is engaging 19 in a charade, compounding the basic indignity 20 that has been forced upon countless victims by 21 failing to do the same thing that at least 37 22 other states have done in compliance with the 23 federal law which is to enact legislation. Not 7352 1 only will we lose $2.2 million this year, but 2 with no window of opportunity, nothing in the 3 federal law that says we can apply thereafter, 4 we will lose countless millions of dollars in 5 drug enforcement monies and drug treatment 6 monies over the course of however many more 7 years that program is on the books. We will 8 lose it and lose it forever. Not $22 million, 9 ladies and gentlemen, there is less than $20 10 million in this package. 11 The Governor should have been a 12 bit more forthright and I think the Governor, 13 perhaps in the waning moments -- this is not the 14 eleventh hour; it's probably closer to a quarter 15 to 12:00 -- could still get us a bill or still 16 help to us negotiate a bill that would make sure 17 that these $2.2 million are put to use for the 18 kinds of law enforcement purposes for which they 19 were intended. 20 Thank you, Mr. President. 21 ACTING PRESIDENT LACK: Last 22 section. 23 THE SECRETARY: Section 2. This 7353 1 act shall take effect immediately. 2 ACTING PRESIDENT LACK: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 60. 6 ACTING PRESIDENT LACK: The bill 7 is passed. 8 Senator Present. 9 SENATOR PRESENT: Mr. President, 10 can we take up Calendar 527? 11 ACTING PRESIDENT LACK: The 12 Secretary will please read Calendar 527 which is 13 on page 10 of the regular calendar. 14 THE SECRETARY: Calendar Number 15 527, substituted earlier today by member of the 16 Assembly Abbate, Assembly Bill Number 10301-A, 17 an act to amend the Real Property Tax Law. 18 ACTING PRESIDENT LACK: Last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LACK: Call the 23 roll. 7354 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 60. 3 ACTING PRESIDENT LACK: The bill 4 is passed. 5 SENATOR PRESENT: Mr. President, 6 can we call up 1227? 7 ACTING PRESIDENT LACK: The 8 Secretary will please read Calendar Number 1227 9 which is located on page 24. 10 THE SECRETARY: Calendar Number 11 1227, substituted earlier today by the Assembly 12 Committee on Rules, Assembly Bill Number 12128, 13 an act to amend the Tax Law. 14 ACTING PRESIDENT LACK: Last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LACK: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 60. 22 ACTING PRESIDENT LACK: The bill 23 is passed. 7355 1 Senator Present. 2 SENATOR PRESENT: Mr. President, 3 can we call up 1563? 4 ACTING PRESIDENT LACK: The 5 Secretary will please read Calendar 1563 on page 6 5 of the Senate Supplemental Calendar 1. 7 THE SECRETARY: Calendar Number 8 1563, substituted earlier today by member of the 9 Assembly Morelle, Assembly Bill Number 9341, an 10 act to amend the Education Law. 11 ACTING PRESIDENT LACK: Last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LACK: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 60. 19 ACTING PRESIDENT LACK: The bill 20 is passed. 21 SENATOR PRESENT: Have the Senate 22 stand at ease. 23 ACTING PRESIDENT LACK: The 7356 1 Senate will stand at ease. 2 (Whereupon, the Senate stood at 3 ease.) 4 ACTING PRESIDENT SPANO: The 5 Senate will come to order. 6 Senator Present. 7 SENATOR PRESENT: Mr. President, 8 there being no further business, I move that we 9 adjourn until 1:58. 10 ACTING PRESIDENT SPANO: On the 11 motion of Senator Present, the Senate will stand 12 adjourned until 1:58. 13 (Whereupon, at 1:54 a.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23