Sunday, July 3, 1994

8033 1 ALBANY, NEW YORK 2 July 3, 1994 3 5:02 a.m. 4 5 6 REGULAR SESSION 7 8 9 10 11 SENATOR HUGH T. FARLEY, Acting President 12 STEPHEN F. SLOAN, Secretary 13 14 15 16 17 18 19 20 21 22 23 8034 1 P R O C E E D I N G S 2 SENATOR PRESENT: Mr. President. 3 ACTING PRESIDENT FARLEY: Senator 4 Present. 5 SENATOR PRESENT: Would you call 6 this session to order. 7 ACTING PRESIDENT FARLEY: Senate 8 will come to order. 9 Please rise to the Pledge of 10 Allegiance to the Flag. 11 (Whereupon, the Senate joined in 12 the Pledge of Allegiance to the Flag.) 13 This morning, in the absence of 14 visiting clergy, we will bow our heads for a 15 moment of silence. 16 (Whereupon, there was a moment of 17 silence.) 18 Secretary will begin by reading 19 the Journal. 20 THE SECRETARY: In Senate, 21 Saturday, July 2. The Senate met pursuant to 22 adjournment. The Journal of July 1 was read and 23 approved. On motion, Senate adjourned. 8035 1 ACTING PRESIDENT FARLEY: Hearing 2 no objection, the Journal will stand approved as 3 read. 4 The order of business: 5 Presentation of petitions. 6 Messages from the Assembly. 7 Messages from the Governor. 8 Reports of standing committees. 9 Reports of select committees. 10 Communications and reports from 11 state officers. 12 Motions and resolutions. 13 We have none. 14 Senator Present, we're ready for 15 the calendar, if you are. 16 We'll stand at ease for a 17 moment. 18 (The Senate was at ease.) 19 SENATOR PRESENT: Mr. President. 20 ACTING PRESIDENT FARLEY: Senator 21 Present. 22 SENATOR PRESENT: Mr. President. 23 On behalf of Senator Stafford, I wish to call up 8036 1 his bill, Senate Print 8031A, recalled from the 2 Assembly, which is now at the desk. 3 ACTING PRESIDENT FARLEY: 4 Secretary will read it. 5 THE SECRETARY: By Senator 6 Stafford, Senate Bill Number 8031A, proposing an 7 amendment to the Constitution, in relation to 8 the exchange of certain forest preserve land. 9 SENATOR PRESENT: Mr. President. 10 I now move to reconsider the vote by which this 11 bill was passed and that the bill be restored to 12 the order of third reading. 13 ACTING PRESIDENT FARLEY: Call 14 the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration.) 17 THE SECRETARY: Ayes 60. 18 ACTING PRESIDENT FARLEY: The 19 bill is before the house. 20 Senator Present. 21 SENATOR PRESENT: I now move to 22 discharge the Committee on Rules from Print 23 Number 12097 and substitute it for the Senator 8037 1 Stafford's identical bill. The Senate bill on 2 first passage was voted unanimously. I now move 3 that the substituted Assembly bill have its 4 third reading at this time. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. It's not a bill. 7 SENATOR PRESENT: Just lay it 8 aside right now. 9 ACTING PRESIDENT FARLEY: Do you 10 want to lay it aside? Okay. 11 It's a resolution. Do you want 12 the resolution adopted? 13 SENATOR PRESENT: No. 14 ACTING PRESIDENT FARLEY: No? 15 Lay it aside. 16 (The Senate was at ease.) 17 SENATOR PRESENT: Mr. President. 18 ACTING PRESIDENT FARLEY: Senator 19 Present. 20 SENATOR PRESENT: I'm going to 21 ask for a quorum call, and ask you to please 22 call the roll. 23 ACTING PRESIDENT FARLEY: 8038 1 Secretary will call the roll for quorum call. 2 Ring the bell. 3 THE SECRETARY: Senator Babbush. 4 (There was no response.) 5 Senator Bruno. 6 SENATOR BRUNO: Here. 7 THE SECRETARY: Senator Connor. 8 SENATOR CONNOR: Here. 9 THE SECRETARY: Senator Cook. 10 (There was no response.) 11 Senator Daly. 12 (There was no response.) 13 Senator DeFrancisco. 14 SENATOR DeFRANCISCO: Here. 15 THE SECRETARY: Senator DiCarlo. 16 SENATOR DiCARLO: Here. 17 THE SECRETARY: Senator 18 Dollinger. 19 SENATOR DOLLINGER: Here. 20 THE SECRETARY: Senator Espada. 21 (There was no response.) 22 Senator Farley. 23 SENATOR FARLEY: I'm here. 8039 1 THE SECRETARY: Senator Galiber. 2 SENATOR GALIBER: Here. 3 THE SECRETARY: Senator Gold. 4 SENATOR GOLD: Yes. 5 THE SECRETARY: Senator 6 Gonzalez. 7 (There was no response.) 8 Senator Goodman. 9 (There was no response.) 10 Senator Hannon. 11 SENATOR HANNON: Yes. 12 THE SECRETARY: Senator 13 Hoffmann. 14 SENATOR HOFFMANN: Here. 15 THE SECRETARY: Senator Holland. 16 SENATOR HOLLAND: Here. 17 THE SECRETARY: Senator Johnson. 18 SENATOR JOHNSON: Yes. 19 THE SECRETARY: Senator Jones. 20 SENATOR JONES: Here. 21 THE SECRETARY: Senator Kruger. 22 SENATOR KRUGER: Here. 23 THE SECRETARY: Senator Kuhl. 8040 1 SENATOR KUHL: Present. 2 THE SECRETARY: Senator Lack. 3 SENATOR LACK: Aye. 4 THE SECRETARY: Senator Larkin. 5 (There was no response.) 6 Senator LaValle. 7 SENATOR LAVALLE: Here. 8 THE SECRETARY: Senator Leichter. 9 SENATOR LEICHTER: Here. 10 THE SECRETARY: Senator Levy. 11 (There was no response.) 12 Senator Libous. 13 SENATOR LIBOUS: Aye. 14 THE SECRETARY: Senator Maltese. 15 (There was no response.) 16 Senator Marchi. 17 SENATOR MARCHI: Present. 18 THE SECRETARY: Senator Marino. 19 (There was no response.) 20 Senator Markowitz. 21 SENATOR MARKOWITZ: Barely. 22 THE SECRETARY: Senator Mendez. 23 SENATOR MENDEZ: Here. 8041 1 THE SECRETARY: Senator 2 Montgomery. 3 SENATOR MONTGOMERY: Here. 4 THE SECRETARY: Senator Nanula. 5 SENATOR NANULA: Here. 6 THE SECRETARY: Senator Nolan. 7 (There was no response.) 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Here. 10 THE SECRETARY: Senator 11 Ohrenstein. 12 (There was no response.) 13 Senator Onorato. 14 (There was no response.) 15 Senator Oppenheimer. 16 SENATOR OPPENHEIMER: Here. 17 THE SECRETARY: Senator Padavan. 18 SENATOR PADAVAN: Here. 19 THE SECRETARY: Senator Pataki. 20 SENATOR PATAKI: Here. 21 THE SECRETARY: Senator Paterson. 22 SENATOR PATERSON: Mr. 23 President. To explain my presence. 8042 1 ACTING PRESIDENT FARLEY: We have 2 a quorum, Senator Present. 3 SENATOR PRESENT: Thank you. 4 ACTING PRESIDENT FARLEY: Quorum 5 is present. 6 SENATOR PRESENT: Calendar 1628. 7 ACTING PRESIDENT FARLEY: 1628, 8 Secretary will read it. 9 THE SECRETARY: Calendar Number 10 16 - 11 ACTING PRESIDENT FARLEY: Senator 12 Stafford. 13 SENATOR STAFFORD: Can we return 14 to motions and resolutions? 15 ACTING PRESIDENT FARLEY: Yes, we 16 may, I guess. 17 SENATOR STAFFORD: Thank you. 18 Mr. President. I wish to call up my bill, 19 Senate Print Number 7970A - 20 ACTING PRESIDENT FARLEY: Hold on 21 a minute. I'm going to ask that the 22 conversations be held down. We can't hear 23 Senator Stafford. 8043 1 SENATOR STAFFORD: -- recalled 2 from the Assembly, which is now at the desk. 3 ACTING PRESIDENT FARLEY: 4 Secretary will read it. 5 THE SECRETARY: By Senator 6 Stafford, Senate Bill Number 7970A, proposing an 7 amendment to the Constitution, in relation to 8 the exchange of certain forest preserve land. 9 ACTING PRESIDENT FARLEY: Senator 10 Stafford. 11 SENATOR STAFFORD: Mr. 12 President. I now move to reconsider the vote by 13 which this bill was passed and ask that the bill 14 be restored to the order of third reading. 15 ACTING PRESIDENT FARLEY: Call 16 the roll on reconsideration. 17 (The Secretary called the roll on 18 reconsideration.) 19 THE SECRETARY: Ayes 60. 20 ACTING PRESIDENT FARLEY: The 21 bill is before the house. 22 SENATOR GOLD: Just hold on one 23 second. 8044 1 ACTING PRESIDENT FARLEY: Senator 2 Stafford, did you wish to continue? 3 SENATOR STAFFORD: Hold for just 4 a minute. 5 SENATOR PRESENT: We will stand 6 at ease for a moment. 7 ACTING PRESIDENT FARLEY: Senate 8 will stand at ease. 9 (The Senate was at ease.) 10 ACTING PRESIDENT FARLEY: Senator 11 Present, is it all right to recognize Senator 12 Stafford for a motion? 13 SENATOR PRESENT: Let's do that 14 now. 15 SENATOR STAFFORD: Would you like 16 me to start right in the middle of the sentence. 17 ACTING PRESIDENT FARLEY: Why 18 don't we start all over again. 19 SENATOR STAFFORD: All over. Mr. 20 President. I wish to call up my bill, Senate 21 Print Number 7970A, recalled from the Assembly, 22 which is now at the desk. 23 ACTING PRESIDENT FARLEY: 8045 1 Secretary will read the bill. 2 THE SECRETARY: By Senator 3 Stafford, Senate Bill Number 7970A, proposing an 4 amendment to the Constitution, in relation to 5 the exchange of certain forest preserve land. 6 ACTING PRESIDENT FARLEY: Senator 7 Stafford. 8 SENATOR STAFFORD: Mr. 9 President. I now move to reconsider the vote by 10 which the bill was passed and ask that bill be 11 restored to the order of Third Reading. 12 ACTING PRESIDENT FARLEY: Call 13 the roll on reconsideration. 14 (The Secretary called the roll on 15 reconsideration.) 16 THE SECRETARY: Ayes 53. 17 ACTING PRESIDENT FARLEY: Senator 18 Stafford, the bill is before the house. 19 SENATOR STAFFORD: I now move to 20 discharge from the Committee on Rules Assembly 21 Print Number 12129 and substitute it for my 22 identical bill. 23 ACTING PRESIDENT FARLEY: 8046 1 Substitution is ordered. 2 SENATOR STAFFORD: I now move 3 that the substituted Assembly bill have its 4 third reading at this time having the same vote 5 as the Senate bill which was previously passed. 6 ACTING PRESIDENT FARLEY: The 7 Secretary will read the last section. No, this 8 is a resolution. Call the roll on the 9 resolution. 10 (The Secretary called the roll.) 11 THE SECRETARY: Those recorded in 12 the negative when the bill was originally passed 13 on June 30 are Senators Babbush, Connor, 14 Dollinger, Gold, Goodman, Jones, Kruger, 15 Leichter, Markowitz, Montgomery, Nanula, 16 Ohrenstein, Onorato, Oppenheimer, Paterson, 17 Stachowski and Stavisky. 18 SENATOR DOLLINGER: Mr. 19 President. 20 ACTING PRESIDENT FARLEY: Senator 21 Dollinger. 22 SENATOR DOLLINGER: Do we have 23 this bill or whatever it is at the desk? 8047 1 SENATOR TULLY: Mr. President. 2 ACTING PRESIDENT FARLEY: Why do 3 you rise, Senator Tully? 4 SENATOR TULLY: Would you advise 5 the member that has the floor now that it's 6 decorum in this Senate to put your jacket on and 7 put your tie on when this place is in session. 8 SENATOR DOLLINGER: Absolutely, 9 Mr. President. 10 ACTING PRESIDENT FARLEY: Senator 11 Dollinger, a jacket is required in the Senate. 12 Results of the - 13 SENATOR DOLLINGER: Mr. 14 President. Could I - 15 THE SECRETARY: Ayes 36. Nays 16 17. 17 ACTING PRESIDENT FARLEY: Senator 18 Dollinger. The resolution is adopted. 19 Senator Dollinger. 20 SENATOR DOLLINGER: Okay. I just 21 wanted to make sure what we have just done. We 22 just ratified the prior vote on this bill; is 23 that correct? 8048 1 ACTING PRESIDENT FARLEY: That's 2 correct. 3 Senator Stafford. 4 SENATOR STAFFORD: Thank you, Mr. 5 President. One more. I wish to call up my 6 bill, Senate 8031A, recalled from the Assembly, 7 which is now at the desk. 8 ACTING PRESIDENT FARLEY: 9 Secretary will read Senator Stafford's bill. 10 THE SECRETARY: By Senator 11 Stafford, Senate Bill Number 8031A, proposing an 12 amendment to the Constitution in relation to the 13 exchange of certain forest preserve land. 14 ACTING PRESIDENT FARLEY: Senator 15 Stafford. 16 SENATOR STAFFORD: Mr. 17 President. I now move to reconsider the vote by 18 which this bill was passed. 19 ACTING PRESIDENT FARLEY: Call 20 the roll on reconsideration. 21 (The Secretary called the roll on 22 reconsideration.) 23 THE SECRETARY: Ayes 53. 8049 1 ACTING PRESIDENT FARLEY: The 2 bill is before the house. 3 Senator Stafford. 4 SENATOR STAFFORD: And ask that 5 is this bill have its third reading. 6 I now move to discharge from the 7 Committee on Rules Assembly Print Number 12097 8 and substitute it for my identical bill. 9 ACTING PRESIDENT FARLEY: 10 Substitution is ordered. 11 SENATOR STAFFORD: The Senate 12 bill on its first passage was voted 13 unanimously. I now move that the substituted 14 Assembly bill have its third reading at this 15 time. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Unanimous. 20 ACTING PRESIDENT FARLEY: The 21 resolution is adopted. 22 SENATOR KUHL: Mr. President. 23 ACTING PRESIDENT FARLEY: Senator 8050 1 Kuhl. 2 SENATOR KUHL: Can we have the 3 Secretary call up on Supplemental Calendar 1, 4 Calendar Number 1628, by Senator Saland. 5 ACTING PRESIDENT FARLEY: 1628, 6 on Sup' Calendar 1, by Senator Saland. 7 THE SECRETARY: Calendar Number 8 1628, by Senator Saland, Senate Bill Number 9 8667A, an act to amend the Insurance Law. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 53. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 Senator Kuhl. 21 SENATOR KUHL: Now, may we return 22 to Calendar Number 74. That's the regular 23 calendar, page 27, Calendar Number 1580, by 8051 1 Senator Velella. 2 ACTING PRESIDENT FARLEY: 1580, 3 by Senator Velella. Secretary will read it. 4 THE SECRETARY: Calendar Number 5 1580, by Senator Velella, Senate Bill Number 6 8422A, an act to amend Chapter 696 of the Laws 7 of 1887, relating to providing hospitals orphan 8 asylums and other charitable institutions in the 9 City of New York. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 53. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 (The Senate was at ease.) 21 SENATOR PRESENT: Mr. President. 22 Can we call up 1595. 23 ACTING PRESIDENT FARLEY: 1595, 8052 1 the Secretary will read it. 2 THE SECRETARY: Calendar Number 3 1595, by the Senate Committee on Rules - 4 ACTING PRESIDENT FARLEY: It's on 5 the regular calendar. 6 THE SECRETARY: On page 29, 7 Senate Bill Number 8779, an act in relation to 8 allowing certain persons in New York State and 9 local employees retirement system to purchase 10 certain credit. 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 54. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 (The Senate was at ease.) 22 ACTING PRESIDENT FARLEY: Senator 23 Present. 8053 1 SENATOR PRESENT: Let's start out 2 on Supplemental Calendar Number 3. 3 ACTING PRESIDENT FARLEY: 4 Supplemental Calendar Number 3. 5 SENATOR PRESENT: 1676. 6 ACTING PRESIDENT FARLEY: 1676. 7 THE SECRETARY: Calendar Number 8 1676, by Senator Spano, Senate Bill 4554A, Local 9 Finance Law. 10 ACTING PRESIDENT FARLEY: There 11 is a home rule message here at the desk. 12 You can read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 54. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 (The Senate was at ease.) 22 THE SECRETARY: Calendar Number 23 1677, by Senator Saland, Senate Bill Number 8054 1 8668 - 2 SENATOR GOLD: Explanation. 3 THE SECRETARY: -- an act to 4 amend the Banking Law. 5 ACTING PRESIDENT FARLEY: 6 Explanation has been called for. 7 Senator Saland. 8 SENATOR SALAND: Thank you, Mr. 9 President. 10 Mr. President. I'm sure you and 11 my colleagues are familiar with the link deposit 12 program. It was established by legislation last 13 year. What it does is makes low interest loans 14 available. It's an economic development tool. 15 The state - 16 SENATOR GOLD: Last section. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll.) 8055 1 SENATOR TULLY: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Tully, do you wish to speak on the bill? 4 SENATOR TULLY: Would the sponsor 5 yield for a question? 6 ACTING PRESIDENT FARLEY: Would 7 you yield for a question from Senator Tully. 8 SENATOR SALAND: Certainly, Mr. 9 President. 10 SENATOR TULLY: Mr. President. 11 Is this bill an agreed upon bill. 12 SENATOR SALAND: This bill, it 13 has a companion in the Assembly. As of this 14 moment as we speak, it is not agreed upon. 15 SENATOR TULLY: Thank you. 16 ACTING PRESIDENT FARLEY: 17 Continue the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 54. 8056 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1682, by Senator Johnson, Senate Bill Number 5 8826A, Environmental Conservation Law. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 54. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 SENATOR PRESENT: Senate will 17 stand at ease. 18 ACTING PRESIDENT FARLEY: Senate 19 will stand at ease. 20 (Senate was at ease.) 21 ACTING PRESIDENT FARLEY: Senator 22 Present. 23 SENATOR PRESENT: Mr. President. 8057 1 There will be a immediate meeting of the Rules 2 Committee in Room 332. 3 ACTING PRESIDENT FARLEY: There 4 will be an immediate meeting of the Rules 5 Committee in Room 332. 6 (The Senate stood at ease.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 8058 1 ....At 7:09 a.m.... 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. 4 The Chair recognizes Senator 5 Present. 6 SENATOR PRESENT: Mr. President, 7 we'll take up Calendar 450, 802 and 1650 - 8 1615, in that order. 450 and 802 are on our 9 original calendar. 1615 is in Supplemental 10 Calendar Number 1. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read Calendar Number 450. 13 THE SECRETARY: Calendar Number 14 450, Senator Marino moves to discharge the 15 Committee on Rules from Assembly Bill Number 16 4694-A and substitute it for the identical Third 17 Reading 450. 18 ACTING PRESIDENT KUHL: Senator 19 Present. 20 SENATOR PRESENT: Is there a 21 message of necessity on Calendar 450? 22 ACTING PRESIDENT KUHL: 23 Substitution ordered. I'm informed that there 8059 1 is a message of necessity at the desk. 2 SENATOR PRESENT: Mr. President, 3 I move that we accept that message. 4 ACTING PRESIDENT KUHL: Senator 5 Dollinger, you sure, now, you understand? Bill 6 came back, was restored to the calendar so it's 7 not on the print. 8 I'm informed, Senator Present, 9 that there is a message of necessity at the 10 desk. 11 SENATOR PRESENT: I move that we 12 accept the message. 13 ACTING PRESIDENT KUHL: Motion is 14 to accept the message of necessity. All those 15 in favor signify by saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response. ) 19 The message is accepted. 20 Secretary will read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8060 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 ACTING PRESIDENT KUHL: Announce 5 the results when tabulated. 6 THE SECRETARY: Ayes 53, nays 7 one, Senator Leichter recorded in the negative. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 Secretary will read Calendar 11 Number 802 on your regular calendar. 12 THE SECRETARY: On page 14, 13 Calendar Number 802, substituted earlier, by the 14 Committee -- the Assembly Committee on Rules, 15 Assembly Bill Number 8130-A, an act to amend the 16 Education Law, the Social Services Law and the 17 Executive Law, in relation to the education of 18 homeless children. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 8061 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 54. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Secretary will now read Calendar 7 Number 1615 on Supplemental Calendar 1. 8 THE SECRETARY: Calendar Number 9 1615, substituted earlier, by the Assembly 10 Committee on Rules, Assembly Bill Number 11 11987-A, Education Law, in relation to 12 establishing 21st Century schools. 13 SENATOR LEICHTER: Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 Leichter. 17 SENATOR LEICHTER: Would Senator 18 Cook yield? 19 ACTING PRESIDENT KUHL: Senator 20 Cook, would you yield? Senator Cook yields. 21 SENATOR LEICHTER: Yes. Those 22 schools which are designated 21st Century 23 schools, I believe there's going to be 60 of 8062 1 them. 2 SENATOR COOK: Yes. 3 SENATOR LEICHTER: Do they 4 receive extra funding? 5 SENATOR COOK: No. 6 SENATOR LEICHTER: All they 7 receive is the right to be free of certain 8 regulations and so on, and that's so great? 9 Thank you. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 SENATOR HANNON: Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Hannon, why do you rise? 15 SENATOR HANNON: I just wanted to 16 ask the sponsor if he would yield? 17 ACTING PRESIDENT KUHL: Senator 18 Cook, do you yield to Senator Hannon? Senator 19 yields. 20 SENATOR HANNON: Does this 21 describe what mandates they're relieved of? 22 SENATOR COOK: Oh, lots of them. 23 SENATOR HANNON: Do you remember 8063 1 what - 2 SENATOR COOK: Senator, the - 3 the mandates that are waiveable are anything 4 except those that are expressly stated in the 5 bill. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 ACTING PRESIDENT KUHL: Senator 14 LaValle to explain his vote. 15 SENATOR LAVALLE: Mr. President, 16 I'm going to cast my vote in the negative on 17 this legislation because there are provisions 18 here that I believe we don't know enough about 19 dealing with school-based planning continuation 20 and really a mechanism to continue the Compact 21 for Learning, and so I think that, while there 22 seems to be some good and desirable things, this 23 is wrapped around some things that may not turn 8064 1 out to be particularly desirable for many of our 2 communities. So I'm casting my vote in the 3 negative. 4 ACTING PRESIDENT KUHL: Senator 5 LaValle will be recorded in the negative. 6 Senator Leichter to explain his 7 vote. 8 SENATOR LEICHTER: Yeah, Mr. 9 President. 10 I have a lot of questions about 11 this bill and this program. It seems to be 12 something that promises a lot. It's a nice 13 glitzy term, and I guess maybe it will make a 14 good campaign commercial for somebody, but I 15 think it's not going to do very much for the - 16 in fact, not do anything for the students in the 17 state of New York. I really don't think it's 18 well thought out. It isn't funded; really 19 doesn't do so much. I'm going to vote in the 20 negative. 21 ACTING PRESIDENT KUHL: Senator 22 Leichter will be recorded in the negative. 23 Senator Stavisky in the 8065 1 negative. 2 Secretary will announce the 3 results when tabulated. 4 THE SECRETARY: Ayes 52, nays 2, 5 Senators LaValle and Leichter recorded in the 6 negative. I'm sorry, also Senator Stavisky. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 The Chair recognizes Senator 10 Present. 11 SENATOR PRESENT: Mr. President, 12 let's take up Calendar Number 1693 on the third 13 Supplemental Calendar. 14 ACTING PRESIDENT KUHL: Secretary 15 will read Calendar Number 1693. Senator 16 Present, I'm informed that 16 -- Calendar Number 17 1693 is still high. There doesn't appear to be 18 a message of necessity at the desk that was 19 issued on July 3rd. 20 SENATOR PRESENT: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 SENATOR PRESENT: Mr. President, 8066 1 let's return to reports of standing committees. 2 ACTING PRESIDENT KUHL: We'll 3 return to reports of standing committees. Ask 4 the Secretary to read. 5 THE SECRETARY: Senator Marino, 6 from the Committee on Rules, reports the 7 following bills directly for third reading: 8 Senate Bill Number 2737-D, by 9 Senator Larkin, Real Property Tax Law, in 10 relation to the assessment of special 11 franchises; 12 3800-B, by Senator Maltese, 13 Criminal Procedure Law and the Executive Law;. 14 5347-A, by Senator Maltese, an 15 act to amend the Vehicle and Traffic Law, in 16 relation to the registration and operation of 17 tow trucks; 18 6529-B, by Senator Spano and 19 Larkin, proposing an amendment to the 20 Constitution; 21 6631-A, by Senator DeFrancisco, 22 Education Law, in relation to the transportation 23 of pupils; 8067 1 7798, by Senator Skelos, an act 2 to amend the General Municipal Law, in relation 3 to the right of action to certain injured or 4 representatives of deceased police officers; 5 7864, by Senator DeFrancisco, 6 Environmental Conservation Law; 7 7973-A, by Senator Stafford, 8 Public Lands Law; 9 8174-B, by Senator Johnson, 10 establish a special task force on fish; 11 8756-A, by Senator Levy, an act 12 to amend the Vehicle and Traffic Law; 13 8835, by Senator Oppenheimer, an 14 act to amend the Vehicle and Traffic Law; 15 8838, by Senator Dollinger, an 16 act to amend the Vehicle and Traffic Law; 17 8842-A, by the Committee on 18 Rules, an act to amend the Retirement and Social 19 Security Law; 20 8864, by Senator Daly, an act to 21 amend the Public Service Law; 22 8884, by Senator Padavan, Real 23 Property Tax Law; 8068 1 8891, by Senator Stafford, 2 Racing, Pari-Mutuel Wagering and Breeding Law; 3 Assembly Bill Number 11698, with 4 the Senate Reprint Number of 21009-A, by the 5 Assembly Committee on Rules, an act to amend the 6 Education Law, in relation to making provisions 7 for -- regarding the annual estimates of certain 8 city school districts; 9 Also Assembly -- Assembly Bill 10 Number 12232, by the Assembly Committee on 11 Rules, an act to amend the Public Health Law, in 12 relation to child health plans. 13 All bills reported directly for 14 third reading. 15 ACTING PRESIDENT KUHL: All bills 16 reported directly to third reading. 17 We're awaiting the arrival of a 18 calendar expected momentarily, so until then 19 we'll stand at ease. Should be just a few 20 minutes. 21 (The Senate stood at ease 22 briefly.) 23 ACTING PRESIDENT LIBOUS: Senator 8069 1 Present. 2 SENATOR PRESENT: Mr. President, 3 can we call up Calendar 666. 4 ACTING PRESIDENT LIBOUS: Call 5 Calendar 666. Which calendar? 6 SENATOR PRESENT: On the regular 7 calendar. 8 THE SECRETARY: On page 11 of the 9 regular calendar, Calendar Number 666, 10 substituted earlier, by member of the Assembly 11 Rappleyea, Assembly Bill Number 1029-A, an act 12 to amend the Insurance Law, in relation to the 13 reconversion of domestic mutual property. 14 ACTING PRESIDENT LIBOUS: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LIBOUS: Call 19 the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 54. 22 ACTING PRESIDENT LIBOUS: The 23 bill is passed. 8070 1 (The Senate stood at ease. ) 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. 4 The Chair recognizes Senator 5 Present. 6 SENATOR PRESENT: Mr. President, 7 let's do a non-controversial calendar on 8 Supplemental Calendar Number 4. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the non-controversial calendar, 11 Supplemental Calendar Number 4. 12 SENATOR PRESENT: Calendar Number 13 1697, Senator Larkin moves to discharge the 14 Committee on Rules from Assembly Bill Number 15 11855-A, and substitute it for the identical 16 Third Reading 1697. 17 ACTING PRESIDENT KUHL: 18 Substitution is ordered. Secretary will read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 8071 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 54. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 SENATOR HOFFMANN: Mr. 6 President. 7 ACTING PRESIDENT KUHL: Chair 8 recognizes Senator Hoffmann. 9 SENATOR HOFFMANN: Just a point 10 of information. I know that it's late and we're 11 all getting very confused, but I'm looking at 12 Senate Supplemental Calendar Number 4, and I see 13 that it's dated Saturday, July 2nd, 1994. 14 Now, I just want to go back over 15 the little discussion that we had at 5:00 a.m., 16 when we gaveled out and gaveled in a new 17 session, and I wanted to find out once again for 18 the record, what day is this? 19 SENATOR PRESENT: The day is - 20 today is Sunday, July 3rd. The error you 21 spotted was a typographical omission or change. 22 We regret it, and we thought it would just - 23 and we would explain it rather than send it back 8072 1 and get a whole new printing of all of them. 2 SENATOR HOFFMANN: Thank you, 3 Senator. 4 ACTING PRESIDENT KUHL: Secretary 5 will continue to read the non-controversial 6 calendar. 7 THE SECRETARY: Calendar Number 8 1698, Senator Maltese moves to discharge the 9 Committee on Rules from Assembly Bill Number 10 5465-D, and substitute it for the identical 11 Calendar Number 1698. 12 ACTING PRESIDENT KUHL: 13 Substitution is ordered. Secretary will read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 54. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 8073 1 1699, Senator Maltese moves to discharge the 2 Committee on Rules from Assembly Bill Number 3 3434-B and substitute it for the identical 4 Calendar Number 1699. 5 ACTING PRESIDENT KUHL: 6 Substitution is ordered. 7 Secretary will read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 54. 15 ACTING PRESIDENT KUHL: No. 16 THE SECRETARY: Ayes 53, nays 17 one, Senator Kuhl recorded in the negative. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1700, by Senator Spano, Senate Bill - 22 ACTING PRESIDENT KUHL: Hold on. 23 SENATOR SALAND: Excuse me, Mr. 8074 1 President. Was that last bill 1699? 2 ACTING PRESIDENT KUHL: Yes, it 3 was. 4 SENATOR SALAND: I, too, would 5 like to be recorded in the negative. 6 ACTING PRESIDENT KUHL: Without 7 objection, Senator Saland will be recorded in 8 the negative on 1699. 9 Senator Seward, also Senator 10 Libous, also Senator Wright - 11 ACTING PRESIDENT KUHL: The 12 Secretary will call the roll again on Calendar 13 Number 1699. Will the negatives on Calendar 14 Number 1699 raise their hands, please. 15 (The Secretary called the roll. ) 16 ACTING PRESIDENT KUHL: Announce 17 the results when tabulated. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1699 are 20 Senators Cook, DeFrancisco, Dollinger, Farley, 21 Holland, Kuhl, Larkin, LaValle, Libous, 22 Nozzolio, Rath, Saland, Seward, Wright, also 23 Senator Hoffmann. 8075 1 ACTING PRESIDENT KUHL: Announce 2 the results. 3 THE SECRETARY: Also Senator 4 Nanula; also Senator Kruger. 5 SENATOR GOLD: No, no, no. Wait 6 a minute. O.K. 7 SENATOR NANULA: I'm yes. 8 THE SECRETARY: Ayes 39, nays 9 15. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1700, by Senator Spano. 14 SENATOR GOLD: Lay it aside, 15 please. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 THE SECRETARY: Calendar Number 19 1701, by Senator DeFrancisco, Senator 20 DeFrancisco moves to discharge the Committee on 21 Rules from Assembly Bill Number 8316-B, and 22 substitute it for the identical Calendar Number 23 1701. 8076 1 ACTING PRESIDENT KUHL: 2 Substitution is ordered. 3 Secretary will read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 54. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1702, Senator Skelos moves to discharge the 15 Committee on Rules from Assembly Bill Number 16 9677-B and substitute it for the identical Third 17 Reading 1702. 18 ACTING PRESIDENT KUHL: 19 Substitution is ordered. 20 Secretary will read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8077 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 54. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1703, by Senator DeFrancisco, Senate Bill Number 9 786-A, Environmental Conservation Law. 10 SENATOR GOLD: Lay it aside. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 1704, Senator Stafford moves to discharge the 15 Committee on Rules from Assembly Bill Number 16 11948, and substitute it for the identical Third 17 Reading 1704. 18 ACTING PRESIDENT KUHL: 19 Substitution is ordered. 20 Secretary will call the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8078 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 54. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1705, by Senator Johnson, Senate Bill Number 9 8471-B. 10 SENATOR GOLD: Lay it aside. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 1706, by Senator Levy, Senate Bill Number 15 8756-A, an act to amend the Vehicle and Traffic 16 Law. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 8079 1 THE SECRETARY: Ayes 54. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1707, Senator Oppenheimer moves to discharge the 6 Committee on Rules from Assembly Bill Number 7 12185 and substitute it for the identical Third 8 Reading 1707. 9 ACTING PRESIDENT KUHL: 10 Substitution is ordered, and there's a home rule 11 message at the desk. Secretary will read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 54. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1708, Senator Dollinger moves to discharge the 23 Committee on Rules from Assembly Bill Number 8080 1 12184-A and substitute it for the identical 2 Third Reading 1708. 3 ACTING PRESIDENT KUHL: 4 Substitution is ordered. There's a home rule 5 message at the desk. Secretary will read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 54. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1709, by the Senate Committee -- by the Senate 17 Committee on Rules, Senate Bill Number 8842-A, 18 Retirement and Social Security Law. 19 ACTING PRESIDENT KUHL: This is 20 high. There's no message at the desk, so we'll 21 lay the bill aside. 22 THE SECRETARY: Calendar Number 23 1710, Senator Daly moves to discharge the 8081 1 Committee on Rules from Assembly Bill Number 2 12216 and substitute it for the identical Third 3 Reading 1710. 4 ACTING PRESIDENT KUHL: 5 Substitution is ordered. Secretary will read 6 the last section. 7 Senator Present, I'm informed by 8 the desk that the Assembly bill is high, so 9 we're not able to address this at this moment, 10 so we'll lay the bill aside. 11 THE SECRETARY: Calendar Number 12 1711, Senator Padavan moves to discharge the 13 Committee on Rules from Assembly Bill Number 14 12175-A and substitute it for the identical 15 Third Reading 1711. 16 ACTING PRESIDENT KUHL: 17 Substitution is ordered. The bill is high, so 18 it will be laid aside. 19 THE SECRETARY: Calendar Number 20 1712, Senator Stafford moves to discharge the 21 Committee on Rules from Assembly Bill Number 22 12254 and substitute it for the identical Third 23 Reading 1712. 8082 1 ACTING PRESIDENT KUHL: 2 Substitution is ordered. The bill is high. It 3 will be laid aside. 4 Senator Present, I'm informed by 5 the Secretary that, in fact, 1713 and '14, as 6 indicated on the calendar, are both high, so 7 they'll be laid aside. 8 That does complete the -- that 9 does complete the non-controversial calendar 10 that you have at the desk. I have a message 11 from the Assembly, Assembly hand-down. We could 12 take that up at this time. Ask the Secretary to 13 read. 14 THE SECRETARY: The Assembly sent 15 for concurrence the following bill: Assembly 16 Bill Number 12088, by the Assembly Committee on 17 Rules, an act to amend Chapter 36 of the Laws of 18 1993, amending the Highway Law and other laws 19 relating to the state's infrastructure system. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. Excuse me. Without 22 objection, this will go to third reading. Ask 23 the Secretary to read the last section. 8083 1 SENATOR GOLD: Wait, hold it. 2 Yes, please, Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Gold, we'll lay this bill aside. I'm informed 5 by the Secretary that the members have never had 6 this bill placed on their desks, so we'll lay it 7 aside at least until that's done. 8 SENATOR GOLD: Yeah, that's fine, 9 and following the procedure that we've had for 10 years in this house, and when the bill is 11 called, I would like someone to explain the bill 12 even if it's handed out, even if we have that, 13 so we all know we're voting on the same piece of 14 legislation. 15 ACTING PRESIDENT KUHL: Senator 16 Present has indicated he has no objection to 17 that. 18 Senator Present, that does 19 complete the non-controversial calendar. What's 20 your pleasure? 21 Senator Galiber. 22 SENATOR GALIBER: Mr. President, 23 may I have unanimous consent to be recorded in 8084 1 the negative on Calendar Number 1698? 2 ACTING PRESIDENT KUHL: Without 3 objection, Senator Galiber will be recorded in 4 the negative on Calendar Number 1698. 5 SENATOR PRESENT: Mr. President, 6 I believe there will be a short pause, and we'll 7 stand at ease again. Common phrase, Senate 8 stands at ease. 9 ACTING PRESIDENT KUHL: The 10 Senate will stand at ease for just a few 11 moments. 12 (The Senate stood at ease 13 briefly. ) 14 ACTING PRESIDENT KUHL: The 15 Senate will come to order. 16 Chair recognizes Senator 17 Present. 18 SENATOR PRESENT: Mr. President, 19 can we take up 1703, Calendar 1703. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read. This is on Calendar Number 22 4, Supplemental Calendar Number 4. Clerk will 23 read. 8085 1 THE SECRETARY: Calendar Number 2 1703, by Senator DeFrancisco, Senate Bill Number 3 7867-A, Environmental Conservation Law. 4 SENATOR GOLD: Mr. President. 5 ACTING PRESIDENT KUHL: Chair 6 recognizes Senator Gold. 7 SENATOR GOLD: Yeah. Senator 8 DeFrancisco, there is a memo from the Department 9 of Environmental Conservation which says they 10 oppose your bill as drafted. Have you seen that 11 memo? 12 SENATOR DeFRANCISCO: I have not, 13 but it doesn't surprise me because there would 14 be a loss in revenue. 15 SENATOR GOLD: Well, if I can 16 continue. It says, A sliding fee scale would be 17 more equitable. However, this proposal results 18 in a significant revenue loss, negative funding 19 impact on agency programs. 20 Have I overwhelmed you? 21 SENATOR DeFRANCISCO: No, but 22 there used to be -- under the current law there 23 is a 40,000 flat fee, no matter what is dis 8086 1 charged from the facility. This is a sliding 2 scale, but what it does, it reduces the revenue 3 since those who were paying the flat 40,000 for 4 small discharges have a smaller fee. 5 SENATOR GOLD: Yeah. If you will 6 yield to one question. 7 ACTING PRESIDENT KUHL: The 8 Senator yields. 9 SENATOR GOLD: Senator, what I'm 10 getting out of this very quickly, I gather - 11 and you can tell me whether I'm interpreting it 12 right. I gather what they're saying is that 13 they would like the idea of a sliding scale if 14 you come up to a fee schedule that comes up with 15 the same dollars; is that what they're basically 16 saying? 17 SENATOR DeFRANCISCO: Exactly. 18 SENATOR GOLD: And that is 19 something that I gather you were not interested 20 in? 21 SENATOR DeFRANCISCO: That was 22 something that was not able to be done. 23 SENATOR GOLD: Well, Senator, 8087 1 "able to be done," you sort of shift the 2 numbers and - 3 SENATOR DeFRANCISCO: Correct. I 4 understand, but I'm just suggesting to you that 5 in order to make certain that those who had 6 small discharges are paying less, I put this 7 bill in and this was the best I felt I could do 8 under my constraints. 9 SENATOR GOLD: Senator, can you 10 tell me what the revenue loss is? 11 SENATOR DeFRANCISCO: Yes, 12 $580,000, I think. Let me just see the memo. 13 585. 14 SENATOR GOLD: Yeah, and last 15 question, Senator, I know -- I know at this 16 point, I -- there's no -- this is the Senate 17 bill passing, so it's really going nowhere, but 18 I was just curious how you anticipated making up 19 the $585,000. 20 SENATOR DeFRANCISCO: I didn't. 21 It was sort of like what we did this year in 22 reducing business taxes, and you don't make up 23 the revenue but you provide a better climate for 8088 1 those smaller facilities. 2 SENATOR GOLD: So that, if we 3 pass the bill, basically it would be less money 4 in the budget and, as their memo indicates, I 5 gather, it would have an impact on the agency's 6 programs? 7 SENATOR DeFRANCISCO: It would 8 reduce the revenues. Whether it would have an 9 impact on the programs is something that I can't 10 speak to. 11 SENATOR GOLD: All right. Thank 12 you very much. Last section. 13 Senator Oppenheimer? 14 ACTING PRESIDENT KUHL: Senator 15 Oppenheimer. 16 SENATOR OPPENHEIMER: If I may, 17 on the bill. 18 ACTING PRESIDENT KUHL: Senator 19 Oppenheimer, on the bill. 20 SENATOR OPPENHEIMER: It is a 21 good bill but has the disadvantage that there 22 would be somewhat less money coming into our 23 coffers, but if we are going to move on smaller 8089 1 steam co-generation and if we're going to move 2 on biomass facilities and those smaller 3 operations as opposed to the large steam turbine 4 operations, this is the direction we have to 5 take, because the large fees for just the SPDES 6 permits were just too expensive for the smaller 7 operations, so it precluded some of the more 8 innovative and, you know, alternative 9 methodologies, so -- for producing power. So I 10 think this is a very good bill and we should 11 support it, albeit it brings a little less money 12 in. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 SENATOR GOLD: Senator says it's 21 a good bill. 22 ACTING PRESIDENT KUHL: Ayes 53, 23 nays one, Senator Gold recorded in the 8090 1 negative. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator Present. 5 SENATOR PRESENT: Mr. President, 6 can we take up Calendar Number 1693, which is in 7 Supplemental Calendar Number 3, on page 3. 8 ACTING PRESIDENT KUHL: On 9 Supplemental Calendar Number 3, page 3, 10 Secretary will read Calendar Number 1693. 11 THE SECRETARY: 1693, Senator 12 Volker moves to discharge the Committee on Rules 13 from Assembly Bill Number 12252 and substitute 14 it for the identical Third Reading 1693. 15 ACTING PRESIDENT KUHL: 16 Substitution is ordered. Senator Present? 17 SENATOR PRESENT: Mr. President, 18 is there a message of necessity at the desk for 19 1693? 20 ACTING PRESIDENT KUHL: I'm 21 informed that there is a message of necessity at 22 the desk, Senator Present. 23 SENATOR PRESENT: I move that we 8091 1 adopt the motion -- adopt the message. 2 ACTING PRESIDENT KUHL: Motion is 3 to accept the message of necessity. All those 4 in favor say aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response. ) 8 The message is accepted. 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 54. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Senator Present? 19 SENATOR PRESENT: Regular order 20 starting with Calendar Number 1705, page 1 of 21 Calendar Number 4. 22 ACTING PRESIDENT KUHL: 23 Supplemental Calendar Number 4, Calendar Number 8092 1 1705, by Senator Johnson, the Secretary will 2 read. 3 THE SECRETARY: By Senator 4 Johnson, Senate Bill Number 8174-B, establish a 5 special task force on fish. 6 SENATOR GOLD: Senator Johnson 7 yield to a question? 8 ACTING PRESIDENT KUHL: Senator 9 Johnson? 10 SENATOR PRESENT: Lay it aside 11 temporarily. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside temporarily. 14 THE SECRETARY: Calendar Number 15 1711, substituted earlier, by the Assembly 16 Committee on Rules, Assembly Bill Number 17 12175-A, Real Property Tax Law. 18 ACTING PRESIDENT KUHL: Senator 19 Present, I'm informed there's a message of 20 necessity at the desk. 21 SENATOR PRESENT: Mr. President, 22 I move that we accept the message. 23 ACTING PRESIDENT KUHL: Motion is 8093 1 to accept the message. All those in favor 2 signify by saying aye. 3 ((Response of "Aye.") 4 Opposed nay. 5 (There was no response. ) 6 The message is adopted. 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 54. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1712, substituted earlier, by the Assembly 18 Committee on Rules, Assembly Bill Number 12254, 19 Racing, Pari-Mutuel Wagering and Breeding Law. 20 ACTING PRESIDENT KUHL: Senator 21 Present, I'm informed there's a message of 22 necessity at the desk. 23 SENATOR PRESENT: I move we 8094 1 accept the message. 2 ACTING PRESIDENT KUHL: Motion is 3 to accept the message of necessity. All those 4 in favor signify by saying aye. 5 ((Response of "Aye.") 6 Opposed nay. 7 (There was no response. ) 8 The message is adopted and 9 accepted. 10 Explanation has been asked for, 11 Senator Stafford, by Senator Leichter. 12 SENATOR PRESENT: Lay it aside 13 temporarily. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside temporarily. 16 THE SECRETARY: Calendar Number 17 -- Calendar Number 1715, the Assembly sends for 18 concurrence the following bill: Direct to third 19 reading earlier, Assembly Bill Number 12088, by 20 the Assembly Committee on Rules. 21 SENATOR GOLD: Explanation. 22 THE SECRETARY: An act to amend 23 Chapter 36 of the Laws of 1993, amending the 8095 1 Highway Law. 2 SENATOR GOLD: Explanation. 3 ACTING PRESIDENT KUHL: Senator 4 Levy. 5 SENATOR GOLD: Mr. President, 6 what is the printed number? Is that 12088? 7 ACTING PRESIDENT KUHL: Yes, the 8 bill that is being called up for debate is 9 Assembly Print Number 12088. It's on the 10 Calendar Number 1715. 11 SENATOR GOLD: Yeah. Can we get 12 an explanation? It appears to change the - 13 ACTING PRESIDENT KUHL: Senator 14 Levy, an explanation has been asked for of 15 Calendar 1715 by Senator Gold. 16 SENATOR LEVY: Senator Gold, this 17 is an extender of a power that we gave to the 18 MTA to fund the capital plan, and what we did in 19 the bill that we passed a year ago April, to 20 finance the whole plan was to change -- to 21 enlarge the power of the MTA - 22 SENATOR GOLD: Last section. 23 ACTING PRESIDENT KUHL: Secretary 8096 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 54. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Sears. 12 SENATOR SEARS: Yes, Mr. 13 President. Supplemental Calendar Number 4, page 14 1, Calendar Number 1699, by Maltese, would you 15 have me recorded in the negative, please? 16 ACTING PRESIDENT KUHL: Without 17 objection, Senator Sears will be recorded in the 18 negative on Calendar Number 1699. 19 Senator Present. 20 SENATOR PRESENT: Let's try 21 1705. 22 ACTING PRESIDENT KUHL: Secretary 23 will read 1705. 8097 1 THE SECRETARY: 1705, by Senator 2 Johnson, Senate Bill Number 8174-B, establish a 3 special task force on fish and wildlife 4 funding. 5 SENATOR GOLD: Will Senator 6 Johnson yield to a question? 7 ACTING PRESIDENT KUHL: Senator 8 Johnson, do you yield to Senator Gold? 9 SENATOR JOHNSON: Yes, Senator 10 Gold. 11 ACTING PRESIDENT KUHL: Senator 12 yields. 13 SENATOR GOLD: Senator Johnson, 14 it's something nobody is going to appreciate, 15 and I certainly don't want to get anybody mad at 16 me, but it's five after eight and we're not 17 going to appreciate a long debate over the issue 18 of Minority representation, but isn't it a fact 19 that this commission as put together does not 20 have representation of the Minority in this 21 house or in the Assembly? 22 SENATOR JOHNSON: That's true, 23 Senator. 8098 1 SENATOR GOLD: Well, Senator 2 Johnson, I know that sometimes these things 3 happen by inadvertence, but we were trying to 4 get rid of that and I would urge that we don't 5 go any further. This bill has not passed the 6 Assembly yet, has it? 7 SENATOR JOHNSON: Senator, we did 8 pass a bill earlier in this session putting 9 Majority and Minority on the Conservation 10 Advisory Board. This is a study group. It's 11 not an advisory board. Yes, Senator, the other 12 house has closed down. They haven't done this 13 bill. I think they went home too early or we - 14 SENATOR GOLD: Tell me again, 15 sir, they - 16 SENATOR JOHNSON: The other house 17 is closed down and they have not done this bill, 18 that's true, so it's pointless to spend our time 19 debating this bill - 20 SENATOR GOLD: That's right. 21 SENATOR JOHNSON: -- which is 22 obviously going nowhere, but I would just like 23 to point out that this does have the support of 8099 1 the Department of Environmental Conservation, 2 Adirondack Mountain Club, Audubon and several 3 other groups, and they're all named on here, so 4 it's a good bill and when we all get in business 5 next year again, we're going to put it together 6 the way you and I would like to do it because 7 it's something that should be done. 8 SENATOR GOLD: Well, Senator 9 Johnson, I appreciate the gentlemanly way in 10 which you indicated that, and my suggestion 11 would be it's out here. For the most part. I 12 don't have a problem with the bill, but perhaps 13 what we could do is lay it aside and in the off 14 session hand in an amendment and if we do happen 15 to have a special session along the way, 16 Senator, we'll have a live print on our calendar 17 and we can pass it with the adjustments made. 18 SENATOR JOHNSON: You said it's 19 ten after eight in the morning. Lay the bill 20 aside. 21 SENATOR GOLD: I appreciate it, 22 Senator. 23 ACTING PRESIDENT KUHL: Senator 8100 1 Johnson lays 1705 aside. 2 The Senate will stand at ease for 3 just a couple of moments. 4 (The Senate stood at ease 5 briefly. ) 6 ACTING PRESIDENT KUHL: Senate 7 will come to order. 8 The Chair recognizes Senator 9 Present. 10 SENATOR PRESENT: Can we call up 11 1712. 12 ACTING PRESIDENT KUHL: 13 Supplemental Calendar 4, page 3, Secretary will 14 call up Calendar Number 1712. 15 THE SECRETARY: Substituted 16 earlier, by the Assembly Committee on Rules, 17 Assembly Bill Number 12254, Racing, Pari-Mutuel 18 Wagering and Breeding Law. 19 ACTING PRESIDENT KUHL: Message 20 was accepted earlier. 21 SENATOR STAFFORD: Thank you, Mr. 22 President. 23 ACTING PRESIDENT KUHL: Senator 8101 1 Stafford for an explanation. 2 SENATOR STAFFORD: We have here 3 another omnibus racing bill. I remember the 4 first year that I worked in this area, I said 5 it's very, very complicated and it's very 6 difficult to learn. I found the longer that I 7 stay in the field, no pun intended, the less I 8 know about it, I think. As a matter of fact, I 9 find that generally, as I get older, and my 10 youngest son pointed that out the other day. 11 I think this is a good bill. I 12 think it will affect all of the segments of the 13 industry positively. The industry has had 14 difficulty in this state, nationwide, due to 15 many, many reasons, one reason being I think the 16 way people spend their leisure time. They have 17 television to watch the races. How many times 18 very we heard someone say that they'd rather be 19 in their living room and watch the football on 20 television than really go to it? Of course, we 21 realize, if you're from Buffalo New York, you'd 22 go to the game if you could, but also the 23 economy has been a -- been a problem. 8102 1 I will -- I've said this many, 2 many times and I think this is true. I think 3 that the various segments of the industry have 4 got to attempt to work together. I think 5 they're trying, but I think that can be improved 6 and I think most of the industry agree. 7 With all of this, we had to make 8 sure that we did our best to strengthen the 9 industry. I am pleased to share with you that 10 this bill will preserve over 3500 jobs in New 11 York City at the Aqueduct Race Track, and I 12 think that is important. This bill will also 13 provide the New York Racing Association with 14 sufficient cash flow to conduct a winter 15 thoroughbred race meet from October 1994 through 16 March 31, 1995, a total of $11 million through 17 an $8.5 million loan and a $1 million tax cut 18 and 1.5 million from additional simulcasting. 19 This bill also increases the 20 horsemen's purse levels at the NYRA tracks, by 21 approximately $9 million during the 1994-95 22 season. The bill will also provide significant 23 tax relief to all New York harness tracks, 8103 1 reduce to .5 percent of all wagers at Finger 2 Lakes Race Track. 3 The bill diverts 50 percent of 4 the tax relief to harness track horsemen which 5 is extremely important. The bill significantly 6 expands OTB and race track simulcast programs 7 by, one, authorizing two out-of-state tracks to 8 simulcast into New York State during winter 9 months, also authorizes harness tracks and OTBs 10 to simulcast out-of-state harness racing with 11 protection for New York tracks. 12 The bill also authorizes out-of 13 state simulcasts of thoroughbred races on days 14 that NYRA is closed, with a revenue sharing 15 arrangement for Finger Lakes Race Track. The 16 bill increases funds for the New York 17 Thoroughbred and Standardbred Breeding Funds. 18 The bill also authorizes harness 19 tracks and OTBs to return a greater share of 20 take-out to the fans, bettors, wagerers. 21 It also requires a recalculation 22 of state's breakage in order to increase wings 23 to those who take part in pari-mutuel betting. 8104 1 If no winter racing is conducted at Aqueduct, 2 this bill authorizes an alternative track 3 management to conduct the winter meeting. And 4 again, I emphasize the number of jobs that are 5 involved. 6 I would say, Mr. President, that 7 the people who work in this area here in the 8 Legislature, in the Senate, and in the Assembly 9 and in the Governor's office, work as hard as 10 any of the staff members that I know. It's 11 difficult to get compromises. You know, we 12 often say that a good compromise is when no one 13 is happy. This must be fairly good. 14 I would finally say that I think 15 the bill is needed. I think we have to continue 16 to try to strengthen the industry. It is 17 important to many areas of the state, all areas 18 of the state, but, of course, those where the 19 tracks are located. 20 SENATOR LEICHTER: Mr. 21 President. 22 ACTING PRESIDENT KUHL: Senator 23 Leichter. 8105 1 SENATOR LEICHTER: Yes. If 2 Senator Stafford would yield for a question with 3 thanks for the explanation. 4 ACTING PRESIDENT KUHL: Senator 5 Stafford yields. 6 SENATOR LEICHTER: You said this 7 will save 3500 jobs at Aqueduct. How will this 8 occur? Could you direct us to the section of the 9 bill that addresses that? 10 SENATOR STAFFORD: Well, in about 11 the winter months, it will just continue racing 12 during the winter months, and those 3500 jobs 13 will stay there, but would not have been there 14 if we did not have winter racing. 15 SENATOR LEICHTER: If you will 16 continue to yield? 17 ACTING PRESIDENT KUHL: Senator 18 continues to yield. 19 SENATOR LEICHTER: Are you 20 lengthening the season at Aqueduct, or the meet? 21 SENATOR STAFFORD: Another 22 season, I guess you would say. Right. 23 SENATOR LEICHTER: So we're 8106 1 lengthening the meet, is that it? 2 SENATOR STAFFORD: The winter 3 meet, right. 4 SENATOR LEICHTER: By how much? 5 SENATOR STAFFORD: Four months, 6 if we didn't have this, so that's where we keep 7 the jobs. 8 SENATOR LEICHTER: Thank you, Mr. 9 President. 10 ACTING PRESIDENT KUHL: Senator 11 Leichter, on the bill. 12 SENATOR LEICHTER: Thank you, Mr. 13 President. 14 The good thing about the racing 15 bill is that it always signifies that we're in 16 the dying gasps of the legislative session. The 17 bad thing is that it's usually a lengthy bill 18 and put on our desks when we have relatively 19 very little time to read it, to digest it, to 20 understand it. 21 It is a complicated industry, and 22 as Senator Stafford says, it's an industry 23 that's really had a very difficult and hard 8107 1 time. We seem to address it every session. We 2 don't seem to get it right. I -- I don't take 3 this as a reflection on the people who work on 4 it or the sponsors of the bill. It reflects 5 national trends of how people gamble, 6 television, a lot of different things. 7 My -- my interpretation is that 8 it's a good rule of thumb to vote against these 9 bills. I -- I do this not out of any disrespect 10 for you, Senator Stafford, because I know how 11 hard you've worked in this area, your 12 commitment, and so on, but maybe as we look at 13 the unsatisfactory results that we've gotten 14 from the tracks in terms of the prosperity that 15 we would like these tracks to have, the revenue 16 it generates to the state, I don't know whether 17 the approaches that we've been taking over the 18 years have been successful. 19 One can argue that it may have 20 somewhat helped to stench the -- or stem the - 21 the economic decline, but that really doesn't 22 seem to be the case either. Maybe we need to 23 get rid of the New York Racing Association, 8108 1 really do some other things that would be a much 2 more thorough restructuring of the industry than 3 we're doing by what essentially is a patchwork 4 approach. 5 ACTING PRESIDENT KUHL: Is there 6 any other Senator wishing to speak on this bill? 7 SENATOR GOLD: Last section. 8 ACTING PRESIDENT KUHL: Hearing 9 none, the Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 ACTING PRESIDENT KUHL: Announce 16 the results when tabulated. 17 THE SECRETARY: Ayes 53, nays 18 one, Senator Leichter recorded in the negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 I'd like to announce an immediate meeting of the 8109 1 Rules Committee in Room 332. Stand at ease. 2 ACTING PRESIDENT SEWARD: The 3 Senate will stand at ease. 4 (The Senate stood at ease from 5 9:15 to 9:40 a.m.) 6 SENATOR GOLD: Mr. President. 7 ACTING PRESIDENT KUHL: The 8 Senate will come to order. 9 Senator Gold. 10 SENATOR GOLD: Yeah. Would you 11 please recognize Senator Mendez. 12 ACTING PRESIDENT KUHL: The Chair 13 recognizes Senator Mendez. 14 SENATOR MENDEZ: Mr. President, 15 there will be an immediate conference of the 16 Democratic Minority. 17 ACTING PRESIDENT KUHL: There 18 will be an immediate conference of the Minority 19 in the Minority Conference Room. 20 Senator Present? 21 SENATOR PRESENT: Mr. President, 22 can we hear our Rules report? 23 ACTING PRESIDENT KUHL: We'll 8110 1 return to reports of standing committees and ask 2 the Secretary to read the Rules report. 3 THE SECRETARY: Senator Marino, 4 from the Committee on Rules, reports the 5 following two bills directly for third reading: 6 Senate Bill Number 8887, by 7 Senator Rath, an act to amend Chapter 54 of the 8 Laws of 1994, constituting the Capital Projects 9 Budget. 10 Also Senate Bill Number 8898, by 11 the Committee on Rules, proposing an amendment 12 to the Constitution, casino gambling on vessels 13 on waters and waterways of the state. 14 Both bills reported directly for 15 third reading. 16 ACTING PRESIDENT KUHL: Bills are 17 reported directly to third reading. 18 Senator Present. 19 SENATOR PRESENT: Mr. President, 20 the Senate will stand at ease awaiting the 21 return of the Minority from their conference. 22 ACTING PRESIDENT KUHL: The 23 Senate will stand at ease. 8111 1 (The Senate stood at ease from 2 9:43 to 10:47 a.m.) 3 ACTING PRESIDENT KUHL: The 4 Senate will come to order. Ask the members to 5 find their places, staff to find their places. 6 The Chair recognizes Senator 7 Present. 8 SENATOR PRESENT: Mr. President, 9 could we call up Calendar Number 1709. 10 ACTING PRESIDENT KUHL: Secretary 11 will read Calendar Number 1709. It's on 12 Supplemental Calendar Number 4, page 2. 13 THE SECRETARY: Calendar Number 14 1709, by the committee on rules, Senate Bill 15 Number 8842-B, an act to amend the Retirement 16 and Social Security Law and the Education Law. 17 ACTING PRESIDENT KUHL: Senator 18 Present. 19 SENATOR PRESENT: Mr. President, 20 is there a message of necessity on 1709 at the 21 desk? 22 ACTING PRESIDENT KUHL: There is 23 a message at the desk, the Secretary informs me, 8112 1 Senator Present. 2 SENATOR PRESENT: Mr. President, 3 I move that we accept the message. 4 ACTING PRESIDENT KUHL: The 5 motion is to accept the message of necessity at 6 the desk. All those in favor signify by saying 7 aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 The message is accepted, Senator 12 Present. 13 SENATOR PRESENT: Would you 14 recognize Senator Lack, please. 15 SENATOR LACK: Thank you, Mr. 16 President. 17 The subject is pension 18 supplementation. You've just heard that the 19 leader has accepted a message of necessity from 20 the Governor. We are fully prepared to pass 21 this bill. We have spoken to various 22 representatives of the unions that are involved 23 and we reaffirm our commitment this morning to a 8113 1 pension supplementation. They all understand 2 it's our desire to have an agreed-upon bill with 3 the Assembly. 4 It's also obvious at ten minutes 5 of 11:00 this morning that the Assembly is not 6 in the city of Albany. We fully expect that the 7 differences between the two houses will be 8 resolved in a very short time, that an agreed 9 upon approach will be passed by both houses of 10 this Legislature in the near future. 11 We have made this point very 12 clear to the unions who understand our position 13 fully and, as a result of that, at this point in 14 time we will, even though this bill is on the 15 floor, there's been a message of necessity given 16 by the Governor and it has been accepted, we 17 will not pass this bill at this time, and I ask 18 that it please be laid aside now. 19 ACTING PRESIDENT KUHL: Calendar 20 Number 1709 will be laid aside. 21 Senator Present. 22 SENATOR PRESENT: Call up 23 Calendar 1700 and recognize Senator Spano. 8114 1 ACTING PRESIDENT KUHL: Secretary 2 will read Calendar Number 1700. That's on page 3 1 of Supplemental Calendar Number 4. 4 THE SECRETARY: Calendar Number 5 1700, by Senator Spano, Senate Bill Number 6 6529-B, proposing an amendment to the 7 Constitution, in relation to casino gambling in 8 the Catskill region of the state. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Spano. 11 SENATOR SPANO: Mr. President. 12 Mr. President, my colleagues, we have -- we are 13 now here approaching our 25th hour since we were 14 called to session yesterday, and it's been a 15 very long day and night and morning for all of 16 us, and it's not my intention to -- to extend 17 that for any member of this house, but there's 18 been an issue that has been on the front burner 19 of this Legislature and legislatures all across 20 this nation over these last years called casino 21 gambling. 22 It's an issue that Senator Marino 23 last year, in the final day of the legislative 8115 1 session, reconstituted our Senate Subcommittee 2 on Racing, Pari-mutuel Wagering and Gaming, gave 3 Senator Stafford as the chairman of that 4 subcommittee the charge to study the effects of 5 casino gaming, to study the effects of casino 6 gaming on the economies across New York State, 7 its effects as it relates to the introduction of 8 Indian -- gaming at the Indian reservations and 9 also to examine the impacts that casino gaming 10 would have on the racing industry in New York 11 State. 12 After a comprehensive study that 13 included hundreds of interviews, many, many 14 different meetings, four or five different 15 public hearings, listening to some very expert 16 testimony, the subcommittee issued a report 17 recommending that we consider the passage of a 18 Constitutional amendment that would give the 19 voters across the state the right on whether or 20 not they would like to see casino gaming within 21 the boundaries of New York State. 22 Over the period of the last 23 several months, we have consistently reached out 8116 1 to the Assembly trying to get an idea of what 2 their position would be on this issue. The 3 Assembly has taken a "take it or leave it" 4 attitude with respect to this issue. They 5 passed a bill which I believe is an 6 irresponsible bill and left the state Capitol, a 7 one-house bill. 8 It's clear that we can't bargain 9 alone. It's clear that we can't negotiate with 10 ourselves and we have been involved in less than 11 good faith negotiations on the part of the 12 Assembly on this whole issue. 13 While I recognize that there are 14 members of this house who have some very serious 15 public policy disagreements with the issue of 16 legalized gaming, and I respect the members of 17 this house who have those differing opinions, it 18 is my opinion that we do have the number of 19 votes in this house to pass a responsible casino 20 gaming resolution that would ultimately just be 21 the first passage of a Constitutional Amendment 22 which we would present to the voters in New York 23 State for them to make a decision on whether or 8117 1 not they would like casino gaming. 2 Given the fact that we are here 3 approaching our 25th hour, the fact that we are 4 tired, the fact that the Assembly has gone home, 5 it does not make sense for us to debate a bill 6 for some two or three hours and to ask people to 7 vote for a measure which ultimately may not be 8 the final passage or the final negotiated form 9 of a Constitutional Amendment. 10 So, Mr. President, my colleagues, 11 I'm asking that this resolution as well as 8788, 12 which is the other resolution which has been 13 reported out of the Rules Committee, be laid 14 aside so that we may continue to discuss this 15 issue, we may continue to try to find out 16 exactly what the Assembly position is so that we 17 can have an intelligent debate on the floor of 18 this house on an agreed-upon two-house, two-way 19 Constitutional Amendment that we can then 20 present to the voters. 21 So I'd like to thank the members 22 of the staff who have put countless hours in 23 working on this issue and apologize to the 8118 1 members for some delay in the proceedings today 2 and keeping us here, but this is a very 3 important issue as it relates to the economy of 4 New York State and one of our most important 5 industries in New York State which is the racing 6 industry. 7 It's not something that we're 8 going to rush into and play politics with, but 9 we're going to act responsibly and that's why, 10 Mr. President, I ask that these resolutions be 11 laid aside. 12 Thank you. 13 ACTING PRESIDENT KUHL: Calendar 14 1700 will be laid aside at the request of the 15 sponsor. 16 Senator Present. 17 SENATOR PRESENT: Mr. President, 18 could we take up Calendar 1710. 19 ACTING PRESIDENT KUHL: Secretary 20 will read Calendar 1710, by Senator Daly, 21 supplemental calendar, page 4. 22 THE SECRETARY: 1710, substituted 23 earlier, by Senator Daly. 8119 1 ACTING PRESIDENT KUHL: Senator 2 Daly. 3 SENATOR PRESENT: Mr. President, 4 is there a message of necessity on 1710? 5 ACTING PRESIDENT KUHL: Secretary 6 informs me there is a message here, Senator. 7 SENATOR PRESENT: I move we 8 accept the message. 9 ACTING PRESIDENT KUHL: Motion is 10 to accept the message of necessity. All in 11 favor signify by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response. ) 15 The message is accepted. Last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 54. 23 ACTING PRESIDENT KUHL: The bill 8120 1 is passed. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 can we take up Calendar 1714. 5 ACTING PRESIDENT KUHL: Secretary 6 will read Calendar 1714. 7 THE SECRETARY: 1714, by the 8 Assembly Committee on Rules, Assembly Bill 9 Number 12232, an act to amend the Public Health 10 Law, in relation to health care plans. 11 ACTING PRESIDENT KUHL: Senator 12 Present. 13 SENATOR PRESENT: Mr. President, 14 is there a message of necessity on 1714? 15 ACTING PRESIDENT KUHL: Secretary 16 informs me that there is a message of necessity 17 at the desk. 18 SENATOR PRESENT: Move we accept 19 the message. 20 ACTING PRESIDENT KUHL: Motion is 21 to accept the message. All in favor signify by 22 saying aye. 23 (Response of "Aye.") 8121 1 Opposed nay. 2 (There was no response. ) 3 The message is accepted. 4 SENATOR GOLD: Could we have a 5 quick explanation? 6 ACTING PRESIDENT KUHL: 7 Explanation has been asked for, a very, very 8 quick explanation. 9 Senator Tully, are you handling 10 Calendar Number 1714? 11 SENATOR GOLD: Mr. President, 12 short bill, but -- and the language, there's 13 only about ten words, but I'm -- I think the 14 implications of those words should just be 15 explained a moment. Maybe Senator would get - 16 ACTING PRESIDENT KUHL: The Chair 17 recognizes Senator Tully. 18 SENATOR TULLY: Thank you, Mr. 19 President. 20 This hand-down is a bill which 21 clarifies the age for eligibility under the 22 child health program. It's strictly a technical 23 amendment. 8122 1 SENATOR GOLD: Last section. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 55. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 can we call up Calendar 1717. 15 ACTING PRESIDENT KUHL: Secretary 16 will read Calendar Number 1716 which was a bill 17 which was reported -- 1717, excuse me, 1717, a 18 bill which was reported from Rules just shortly 19 ago. The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1717, by Senator Rath, Senate Bill Number 8887, 22 an act to amend Chapter 54 of the Laws of 1994, 23 constituting the Capital Projects Budget. 8123 1 ACTING PRESIDENT KUHL: Senator 2 Present. 3 SENATOR PRESENT: Mr. President, 4 is there a message of necessity on 1717 at the 5 desk? 6 ACTING PRESIDENT KUHL: Yes, 7 there is a message at the desk, Senator 8 Present. 9 SENATOR PRESENT: I move we 10 accept the message. 11 ACTING PRESIDENT KUHL: Motion is 12 to accept the message. All those in favor 13 signify by saying aye. 14 (Response of "Aye.") 15 Opposed nay? 16 (There was no response. ) 17 The message is accepted. 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 8124 1 THE SECRETARY: Ayes 55. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator Goodman. 5 SENATOR GOODMAN: Mr. President, 6 had I been in the chamber, I would have voted in 7 the negative on Calendars Number 1603 and 1636 8 on the July 2nd calendar. Would you be good 9 enough to have the minutes of the proceeding so 10 indicate? 11 ACTING PRESIDENT KUHL: Senator 12 Goodman, the record will reflect that. 13 SENATOR OHRENSTEIN: Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 Ohrenstein. Senator Marino, we have a technical 17 error at the desk. We'd like to reconsider the 18 vote by which 1717 passed the house if that's 19 O.K. with you? 20 SENATOR MARINO: Yes. 21 ACTING PRESIDENT KUHL: Secretary 22 will call the roll on reconsideration. 23 (The Secretary called the roll on 8125 1 reconsideration. ) 2 THE SECRETARY: Ayes 55. 3 ACTING PRESIDENT KUHL: The bill 4 is before the house. 5 THE SECRETARY: Senator Rath 6 moves to discharge the Committee on Finance from 7 Assembly Bill Number 12294 and substitute it for 8 the identical Third Reading 1717. 9 ACTING PRESIDENT KUHL: 10 Substitution is ordered. Last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Ohrenstein. 20 SENATOR OHRENSTEIN: Mr. 21 President, it appears that we have arrived at 22 that magic hour which is never predictable and 23 seems far away as we toil through these endless 8126 1 days and nights and then arrive with a sudden 2 start to here we are. 3 Now, I find myself in a very 4 peculiar position this year. The position is 5 that I may have to say farewell several times as 6 it looks, and I don't like -- I don't like long 7 farewells. I certainly don't like farewells 8 which take two or three times to be repeated. I 9 have another motive which is, if I wait to say 10 farewell when I'm really leaving, I might be 11 able to tell you what I really think of you. 12 Anyway, having gotten off that 13 wise crack early in the morning, I really do not 14 feel I want to talk at great length because I 15 think later on this year when we will be back, I 16 hope we'll have a few things to say to each 17 other for the long term. For this time, let me 18 simply say that I want to thank my staff, whom I 19 will thank in a much more appropriate way later 20 this year, for their very, very hard work this 21 session. 22 I want to thank my members, 23 Democratic members, for their infinite patience 8127 1 during these very difficult times. I want to 2 thank my Majority colleagues for your patience 3 as well, and I want to thank Senator Marino for 4 putting up with our daily contretemps of one 5 sort or another and, most of all, I want to 6 thank many friends during these -- for remaining 7 friends during these very, very difficult 8 times. 9 So I think it's safe, I want to 10 thank obviously all of the staff here who serve 11 us so well. It's been a very difficult 12 session. I suspect we will be back here sooner 13 than later, and maybe more than once. So I 14 don't want to make any predictions other than to 15 say I keep enjoying working with you. I hope 16 you have a few good weeks, maybe a few good 17 months and when we can all return either shortly 18 in order to complete our business or after the 19 election after the fates of some of us or all of 20 us have been decided. 21 So thank you for another fruitful 22 or productive session, and I'll talk to you 23 later on. 8128 1 (Applause.) 2 ACTING PRESIDENT KUHL: The Chair 3 recognizes Senator Marino. 4 SENATOR MARINO: Thank you, Mr. 5 President. 6 First of all, let me apologize 7 for the hour and having kept you overnight. I 8 know we're all tired, and our nerves are raw and 9 some of us did not get all of the bills we 10 wanted and all of that. That happens every 11 year, and during every session, and I wish I 12 knew a way to avoid it, but history has shown us 13 that this pattern has proceeded for many, many 14 years, and we should, however, try to improve as 15 time goes on because we would like to get out 16 sooner certainly rather than later, and we would 17 like to do our job as quickly as possible. 18 This has been a difficult 19 session, as Senator Ohrenstein has indicated, 20 but a lot of was accomplished during the 21 session. As we began the session, our concerns 22 were about jobs, taxes and crime, and we've been 23 able to address all of these concerns. For six 8129 1 months, we've pursued these goals and I think by 2 and large we've been very successful. 3 As you know, we've cut taxes by 4 $476 million which has helped to provide, I 5 believe, many, many jobs for the future. We've 6 added on $600 million in school aid, many more 7 millions in revenue sharing which will help to 8 hold the line on property taxes. We've assumed 9 a larger local share of Medicaid and pre-K costs 10 to help the property taxpayers and to help local 11 governments. 12 We've committed millions of 13 dollars for long-term projects like stadiums, 14 parks, school repairs, all that create jobs and 15 help the economy, and we've done a good job of 16 carrying out an anti-crime program that this 17 house can be very proud of. 18 We've passed a historic domestic 19 violence bill, a comprehensive rape bill, 20 tougher penalties for child abusers, mandated 21 AIDS tests for rapists, made DNA testing 22 mandatory for killers and rapists. Set up a DNA 23 data bank to give police better technology and, 8130 1 of course, we passed the death penalty in this 2 house which, unfortunately, the Governor has 3 vetoed for a 12th time. 4 We resolved other important 5 issues such as motor/voter bill, smoking bill, 6 to protect children. Unfortunately, the 7 Assembly has not followed suit on our crime 8 package, and so regretfully we leave with some 9 work undone in that area. 10 I am sorry to have listened to 11 Senator Ohrenstein talk about his departure from 12 this chamber and I hope, Senator, that you will 13 leave many, many times because that means that 14 we will have seen you again and again and again, 15 and we all like you and care for you. We salute 16 you. We're proud that you've been a member of 17 this house for 34 years, that you've been our 18 leader here for over 20 years, that you've done 19 such a commendable job for the people of this 20 state. 21 On a personal basis, I've enjoyed 22 our friendship. I continue hopefully to enjoy 23 our friendship and salute you on being such a 8131 1 great adversary and one that has set forth the 2 tenets of your party in such clear tones and 3 worked with such outstanding purposeful effort 4 so that we've always known where you've been, 5 what your position is on difficult issues, and I 6 have not met in this house in my 26 years of 7 experience a more articulate person who has set 8 forth dramatically your concerns for the people 9 of this state. We're going to miss you as time 10 goes on more and more. 11 I want to thank you for your help 12 to the Majority as well as the Minority and wish 13 you well, and I hope you will come back and 14 visit us for many, many years to come. Now you 15 can go out and make money, real money, at an 16 honest job, and I wish you well and good 17 health. 18 I'm sure that applies to all of 19 the members on this side of the aisle as well as 20 your members in the Minority. We also, 21 unfortunately, are going to say a farewell to 22 Senator Howard Nolan, who is retiring after 20 23 years of distinguished service to this house. 8132 1 He has acquitted himself well in representing 2 the people of this area in a terrific manner and 3 as our host county, has been very helpful to 4 members of this side of the aisle as well as the 5 Minority. 6 Another member who won't quite be 7 returning, Senator Pataki, will be leaving this 8 chamber, but hopefully will be coming to Albany 9 for many years in the future, Senator, and I'm 10 sure will continue in public service and 11 continue to serve people well, as you have in 12 the past. 13 I would like now to thank my 14 personal staff, Anna Febraio, who does yeoman 15 service for me day in and day out, year in and 16 year out; Lois Williams, Teri VanWagenen, Maria 17 DeLorenzo; my distinguished counsel, Angelo 18 Mangia, and his staff; my program secretary Ron 19 Pedersen, and his staff, John McArdle, my 20 communications director and his able staff; 21 Steve Sloan, our Secretary here, who does such 22 an outstanding job; Frank Febraio, the 23 maintenance and operations throughout, who 8133 1 always works hard and works for us in a very 2 helpful way; our Journal Clerk, Joe Cornell and 3 the other desk staff; our Sergeant-at-Arms, John 4 Everhardt, and assistant Sergeants-at-Arms; our 5 stenographer, Pauline Williman; our pages and 6 messengers; special thanks to Senator Stafford, 7 chairman of Finance, Paul Reuss, John Berry, Lee 8 VanRiper and all the other members of the 9 Finance staff; Deputy Majority Leader Jess 10 Present for handling the floor operations in 11 such a dramatic way. 12 I would also like to acknowledge 13 Senator Marchi's work on our behalf here in the 14 Majority and for all of my colleagues here for 15 the outstanding service given to the people of 16 the state throughout the past six months. We 17 worked very hard night and day many of us. 18 People don't recognize oftentimes how hard the 19 Senators here in this room devote so many hours 20 and so much of their energy to a committed cause 21 in the service of the good people of this 22 state. 23 So, Mr. President, would you 8134 1 please recommit the bills on the calendar to the 2 Committee on Rules. 3 There being no further business, 4 I would like, however, to recognize before we 5 conclude, Senator Emanuel Gold, who would like 6 to say a few words. 7 SENATOR GOLD: Thank you very 8 much, Mr. President. 9 ACTING PRESIDENT KUHL: Before 10 Senator Gold, I should just mention all bills on 11 the calendar will be recommitted. 12 Senator Gold. 13 SENATOR GOLD: Mr. President, 14 thank you very much. 15 There seems to be some 16 legislative agreement between our two leaders 17 that this may not be the last day we spend here 18 in this chamber during this year, but I've heard 19 about legislative fortune changing so many times 20 that, while on those other occasions there will 21 be a lot to be said, I think that it is only 22 right that after 20 years of tremendous devoted 23 loving service to this conference, that the work 8135 1 be acknowledged by us, the Democrats, and by me 2 particularly to Senator Ohrenstein. 3 I'm sure that when a young 4 immigrant boy came here from Europe a couple 5 days ago, it was a wonderful dream to wind up 6 some day and spend 20 years of his life as the 7 head of his party in the New York State Senate. 8 That ain't doin' too bad. 9 Freddie is a leader who I would 10 bet gets kidded more than any legislative leader 11 around, and the reason for that is love. I 12 think everybody in our conference and everybody 13 in the Capitol enjoys seeing a smile on that 14 face and the -- the constant love and energy 15 that comes from Fred Ohrenstein. 16 He has been respected by our 17 conference for all these years and indeed has 18 changed the face of politics in the Democratic 19 Party in the New York State Senate during his 20 time in office. He has been a leader 21 unquestionably, but someone who consults, 22 someone who has included, someone who has been a 23 listener, and someone who has cared. 8136 1 It's a strange job, I guess, 2 being a leader, because your constituency is not 3 only your home base but the people who depend on 4 you day by day, and Freddie has been there for 5 all of us and has been selfless in that 6 situation. 7 His legislative accomplishments, 8 of course, will be gone into many, many times, 9 but I think his proudest moment at least reading 10 it from the way he puts it is the work he did in 11 saving the city of New York when it really was a 12 difficult situation, and people didn't talk in 13 those days about three-way agreements and the 14 job of the Minority Leader, particularly in this 15 house, representing a great part of the city of 16 New York himself was extraordinary - 17 extraordinary. 18 Mainly, though, and on a very 19 personal note, because I want to keep the 20 comments short, I feel a great sense of loss for 21 a friend and obviously it means, Freddie, I 22 would have to pay the mortgage all by myself now 23 and I'm not prepared to undertake that 8137 1 responsibility, but it is -- it is the truth. 2 I've had the honor to serve, I 3 guess, some 17 years as your deputy but more 4 than that really as a friend. I think from the 5 first day I walked into this chamber, you were a 6 person who befriended me, and never withheld 7 from me at any time the kind of things friends 8 do for one another. Never, never was -- were 9 you lacking in that respect in any way. 10 I think you are one of the most 11 upbeat people I have ever met, and you know 12 there are a million stories that -- the one 13 about the guy falling off the building from the 14 80th floor, and I guess to the 40th floor, and 15 he says, "Well, so far so good." That is Fred 16 Ohrenstein. You see the bright side of 17 everything, and I think that's one of the 18 reasons why, although you are barely 50, you 19 still only look 35 and you have a wonderful 20 temperament and you did that to all of us and 21 you have made it easier for us in the Minority 22 through days of great frustration to have 23 feeling that we will participate in and be part 8138 1 of the process. 2 This conference owes you a 3 tremendous amount, Fred. We really do, and as 4 I'm sure heartfelt from everybody. You've 5 earned a rest. Knowing you, you're not going to 6 get it because I know that you are moving on to 7 other things and intend to be extraordinarily 8 active, and I think for those organizations, 9 governmental or private, which will gain the 10 benefit of your knowledge, your expertise, your 11 energy, they are very lucky. 12 I can only say at this point 13 there will be a lot more said on other days, but 14 Godspeed, God bless you. You're a wonderful 15 guy. 16 (Applause.) 17 ACTING PRESIDENT KUHL: The Chair 18 recognizes Senator Marino. 19 SENATOR MARINO: Mr. President, 20 there being no other business, I move that we 21 adjourn subject to the call of the Majority 22 Leader, intervening days to be legislative 23 days. 8139 1 ACTING PRESIDENT KUHL: Without 2 objection, the Senate stands adjourned subject 3 to the call of the Majority Leader. 4 (Whereupon at 11:20 a.m., July 3, 5 1994, the Senate adjourned. ) 6 7 8 9