Tuesday, May 9, 1995

5506 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 9, 1995 10 11:05 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR ROBERT J. DiCARLO, Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 5507 1 P R O C E E D I N G S 2 ACTING PRESIDENT DiCARLO: The 3 Senate will come to order. Senators please take 4 your seats, and rise and join with me in saying 5 the Pledge of Allegiance to the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 In the absence of clergy, will 9 everyone please bow their heads for a moment of 10 silence. 11 (A moment of silence was 12 observed.) 13 Reading of the Journal. 14 THE SECRETARY: In Senate, 15 Monday, May 8th. The Senate met pursuant to 16 adjournment, Senator DeFrancisco in the Chair 17 upon designation of the Temporary President. 18 The Journal of Sunday, May 7th, was read and 19 approved. On motion, the Senate adjourned. 20 ACTING PRESIDENT DiCARLO: 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 5508 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Cook. 7 SENATOR COOK: Mr. President, on 8 page 39, I offer the following amendments to 9 Calendar 644, Senate Print 3382, and ask that 10 said bill retain its place on the Third Reading 11 Calendar. 12 ACTING PRESIDENT DiCARLO: The 13 message is received and adopted. 14 SENATOR COOK: Mr. President, on 15 behalf of Senator Farley, on page 36, I offer 16 the following amendments to Calendar 615, Senate 17 Print 2675, and ask that said bill retain its 18 place on the Third Reading Calendar. 19 ACTING PRESIDENT DiCARLO: The 20 amendments are received. 21 Senator Skelos -- Senator Cook - 22 Senator Skelos? Senator Cook first? 23 SENATOR COOK: Mr. President, on 5509 1 behalf of Senator Velella, please place a 2 sponsor's star on Calendar Number 532, and on 3 behalf of Senator Stafford, please place a 4 sponsor's star on Calendar 660. 5 ACTING PRESIDENT DiCARLO: The 6 bills will be starred at the request of the 7 sponsor. 8 Senator Skelos. 9 SENATOR SKELOS: Yes, Mr. 10 President. At this time, if we could adopt the 11 Resolution Calendar. 12 ACTING PRESIDENT DiCARLO: All in 13 favor of adopting the Resolution Calendar 14 signify by saying aye. 15 (Response of "Aye".) 16 Opposed, nay. 17 (There was no response.) 18 The Resolution Calendar is 19 adopted. 20 We have some substitutions at the 21 desk, Senator Skelos. 22 SENATOR SKELOS: Make your 23 substitutions, please. 5510 1 ACTING PRESIDENT DiCARLO: The 2 Secretary will read. 3 THE SECRETARY: On page 5, 4 Senator DeFrancisco moves to discharge from the 5 Committee on Corporations, Assembly Bill 6389, 6 and substitute it for the identical Calendar 7 Number 695. 8 On page 6, Senator Libous moves 9 to discharge from the Committee on Insurance, 10 Assembly Bill Number 6245, and substitute it for 11 the identical Calendar Number 704. 12 ACTING PRESIDENT DiCARLO: The 13 substitutions are ordered. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 I'd like to offer up the following resolution 17 and ask that it be read in its entirety and 18 adopted. 19 ACTING PRESIDENT DiCARLO: The 20 resolution will be read in its entirety. 21 THE SECRETARY: Legislative 22 Resolution, by Senator Bruno, Senator Connor and 23 others, commemorating the 100th Anniversary of 5511 1 women state legislators; 2 WHEREAS, 1995 commemorates 100 3 years of women as state legislators; 4 WHEREAS, on January 2nd, 1895, 5 the first women elected to a state Legislature, 6 Carrie Clyde Holly, a native of New York City 7 who had worked in the New York Suffrage 8 movement, Clara Clessingham, a native of 9 Brooklyn, New York and Frances Klock of Denver 10 took their seats in the Colorado State 11 Legislature; and 12 WHEREAS, on Election Day 1918, 13 New York voters first elected two women to the 14 State Assembly, Mary Lilly, a Democrat from New 15 York City and Emma Sammis, a Republican from 16 Long Island were well-known leaders for women's 17 suffrage; and 18 WHEREAS, in the decades since 19 women were first elected to public office in New 20 York State, 88 women have followed Assemblywomen 21 Sammis and Lilly to the New York State Assembly 22 and Senate. 23 These women state legislators of 5512 1 New York State represent the success of women's 2 campaigns for political equality. 3 The centennial of women state 4 legislators is important to the history and 5 future promise of New York State; and 6 WHEREAS, 1995 presents a special 7 opportunity for New York, its government and 8 communities, to recognize women state 9 legislators of New York for their outstanding 10 contributions to the state; now, therefore be it 11 RESOLVED, that this legislative 12 body pause in its deliberations to commemorate 13 the 100th Anniversary of women state legislators 14 and the women of the New York State Legislature; 15 and be it further 16 RESOLVED, that copies of this 17 resolution, suitably engrossed, be forwarded to 18 the current and former women state legislators 19 of New York. 20 ACTING PRESIDENT DiCARLO: 21 Senator Skelos. 22 SENATOR SKELOS: Move the 23 adoption of the resolution. 5513 1 ACTING PRESIDENT DiCARLO: Do you 2 wish, as has been past practice, that anyone not 3 wishing to be on the resolution see the desk, 4 otherwise all will be on the resolution? 5 Any member not wishing to be on 6 the resolution, please come to the front desk. 7 The question is on the 8 resolution. All in favor signify by saying 9 aye. 10 (Response of "Aye".) 11 Opposed, nay. 12 (There was no response.) 13 The resolution is adopted. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 at this time if we could take up the 17 non-controversial calendar. 18 ACTING PRESIDENT DiCARLO: The 19 Secretary will read. 20 THE SECRETARY: On page 9, 21 Calendar Number 72, by Senator Skelos, Senate 22 Print 1117, an act to amend the Business 23 Corporation Law and the Civil Practice Law and 5514 1 Rules, in relation to shareholder derivative 2 suits. 3 ACTING PRESIDENT DiCARLO: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 189, by Senator Cook, Senate Print 2453, an act 7 to amend the Education Law, in relation to 8 procedures for the submission of propositions in 9 school district meetings or elections. 10 ACTING PRESIDENT DiCARLO: Read 11 the last section. 12 THE SECRETARY: Section 8. This 13 act shall take effect on the 1st day of 14 September. 15 ACTING PRESIDENT DiCARLO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 37. 19 ACTING PRESIDENT DiCARLO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 368, by member of the Assembly Harenberg, 23 Assembly Print 1428, an act to amend the 5515 1 Education Law, in relation to establishing the 2 terms of contracts for superintendents and 3 associate superintendents. 4 ACTING PRESIDENT DiCARLO: Read 5 the last section. 6 THE SECRETARY: Section 5. This 7 act shall take effect on the 1st day of July. 8 ACTING PRESIDENT DiCARLO: Lay it 9 aside. 10 THE SECRETARY: Calendar Number 11 375, by Senator Hoblock, Senate Print 3230, an 12 act to amend the Education Law, in relation to 13 the Board of Education in the city of Albany. 14 ACTING PRESIDENT DiCARLO: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT DiCARLO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 38. 22 ACTING PRESIDENT DiCARLO: The 23 bill is passed. 5516 1 THE SECRETARY: Calendar Number 2 403, by Senator Lack, Senate Print 3064, an act 3 to amend the Surrogate's Court Procedure Act, in 4 relation to the compensation of the public 5 administrators. 6 SENATOR SKELOS: Lay it aside. 7 ACTING PRESIDENT DiCARLO: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 439, by Senator Velella, Senate Print 3453-A, an 11 act to amend the Insurance Law, in relation to 12 enacting special provisions concerning 13 short-term policies. 14 ACTING PRESIDENT DiCARLO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT DiCARLO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 38. 22 ACTING PRESIDENT DiCARLO: The 23 bill is passed. 5517 1 THE SECRETARY: Calendar Number 2 467, by Senator Hoblock, Senate Print 3659, an 3 act to amend the Military Law, in relation to 4 authorizing the Governor to present the 5 Conspicuous Service Cross to certain persons who 6 were missing in action. 7 ACTING PRESIDENT DiCARLO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT DiCARLO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 38. 15 ACTING PRESIDENT DiCARLO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 477, by Senator Holland, Senate Print 2999, an 19 act to amend the Social Services Law, in rela 20 tion to the authorization of the Commissioner of 21 Social Services to enter into an agreement with 22 the federal Department of Housing and Urban 23 Development. 5518 1 ACTING PRESIDENT DiCARLO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT DiCARLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 41. 9 ACTING PRESIDENT DiCARLO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 505, by Senator Trunzo, Senate Print 2145, an 13 act to amend the Eminent Domain Procedure Law, 14 in relation to acquisition of land by the state. 15 ACTING PRESIDENT DiCARLO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT DiCARLO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 42. 23 ACTING PRESIDENT DiCARLO: The 5519 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 520, by Senator Saland, Senate Print 2596, an 4 act to amend the Civil Practice Law and Rules, 5 in relation to the statute of limitations for 6 enforcement of support orders. 7 ACTING PRESIDENT DiCARLO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect 90 days after it shall 11 have become law. 12 ACTING PRESIDENT DiCARLO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 42. 16 ACTING PRESIDENT DiCARLO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 521, by Senator Lack, Senate Print 3121, an act 20 to amend the Penal Law, in relation to influenc 21 ing or injuring a judge, prosecutor, attorney, 22 juror or witness. 23 ACTING PRESIDENT DiCARLO: Read 5520 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 1st day of 4 November. 5 ACTING PRESIDENT DiCARLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 42. 9 ACTING PRESIDENT DiCARLO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 522, by Senator Volker, Senate Print 3132, an 13 act to amend the Criminal Procedure Law, in 14 relation to peace officers employed by Canisius 15 College. 16 ACTING PRESIDENT DiCARLO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT DiCARLO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT DiCARLO: 5521 1 Senator Skelos. 2 SENATOR SKELOS: Please complete 3 the roll call and the vote and then if you could 4 recognize me. 5 ACTING PRESIDENT DiCARLO: Sure. 6 Results? 7 THE SECRETARY: Those recorded in 8 the negative on Calendar 522 are Senators Gold 9 and Leichter. Ayes 40, nays 2. 10 ACTING PRESIDENT DiCARLO: The 11 bill is passed. 12 Senator Skelos. 13 SENATOR SKELOS: On behalf of 14 Senator Saland, there will be an immediate 15 meeting of the Local Government Committee. 16 SENATOR LARKIN: Senator Larkin. 17 SENATOR SKELOS: Senator Larkin. 18 That's I meant. There will be an immediate 19 meeting of the Local Government Committee in 20 Room 332 of the Capitol. 21 ACTING PRESIDENT DiCARLO: There 22 will be an immediate meeting of the Local 23 Government Committee in Room 332 of the 5522 1 Capitol. Continue. 2 THE SECRETARY: Calendar Number 3 523, by Senator Volker, Senate Print 3136-A, an 4 act to amend the Criminal Procedure Law, in 5 relation to a defendant's right to supporting 6 disposition. 7 ACTING PRESIDENT DiCARLO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 1st day of 11 November. 12 ACTING PRESIDENT DiCARLO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 47. 16 ACTING PRESIDENT DiCARLO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 530, by Senator Nozzolio, Senate Print 3947, an 20 act to amend the Criminal Procedure Law, in 21 relation to the extension of crime victims' 22 rights at parole hearings. 23 ACTING PRESIDENT DiCARLO: Read 5523 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 120th day. 4 ACTING PRESIDENT DiCARLO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 48. 8 ACTING PRESIDENT DiCARLO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 531, by Senator Nozzolio, Senate Print 3948, an 12 act to amend the Criminal Procedure Law and the 13 Executive Law, in relation to providing to 14 victims the right to be present and heard at 15 sentencing proceedings. 16 ACTING PRESIDENT DiCARLO: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 90th day. 20 ACTING PRESIDENT DiCARLO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 48. 5524 1 ACTING PRESIDENT DiCARLO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 534, by Senator Cook, Senate Print 224, an act 5 to amend the General Municipal Law, in relation 6 to withdrawal of mistaken bids on public 7 contracts. 8 ACTING PRESIDENT DiCARLO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT DiCARLO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 48. 16 ACTING PRESIDENT DiCARLO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 536, by Senator Saland, Senate Print 688, an act 20 to amend the County Law, in relation to enhanced 21 emergency telephone system surcharge. 22 ACTING PRESIDENT DiCARLO: Read 23 the last section. 5525 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT DiCARLO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 50. 7 ACTING PRESIDENT DiCARLO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 537, by Senator LaValle, Senate Print 1098, an 11 act to amend the General Municipal Law, in 12 relation to service award programs for volunteer 13 firefighters. 14 ACTING PRESIDENT DiCARLO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 1st day of 18 September. 19 ACTING PRESIDENT DiCARLO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 50. 23 ACTING PRESIDENT DiCARLO: The 5526 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 540, by Senator LaValle, Senate Print 1372, an 4 act to amend the Town Law, in relation to 5 exemption from the spending limits of fire 6 districts. 7 ACTING PRESIDENT DiCARLO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 1st day of November 11 -- of January. 12 ACTING PRESIDENT DiCARLO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 50. 16 ACTING PRESIDENT DiCARLO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 542, by Senator Stafford, Senate Print 1398, an 20 act to amend the Town Law, in relation to a 21 publicity fund in the town Lake Pleasant, 22 Hamilton County. 23 ACTING PRESIDENT DiCARLO: There 5527 1 is a home rule message at the desk. Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT DiCARLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 50. 9 ACTING PRESIDENT DiCARLO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 544, by Senator Kuhl, Senate Print 1524, an act 13 in relation to legalizing and validating the 14 adoption of two bond resolutions by the board of 15 trustees of the village of Canisteo, Steuben 16 County. 17 ACTING PRESIDENT DiCARLO: There 18 is a home rule message at the desk. Read the 19 last section. 20 THE SECRETARY: Section 6. This 21 act shall take effect immediately. 22 ACTING PRESIDENT DiCARLO: Call 23 the roll. 5528 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 50. 3 ACTING PRESIDENT DiCARLO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 545, by Senator Bruno, Senate Print 1859, an act 7 in relation to authorizing the village of Round 8 Lake, county of Saratoga, to reduce the speed 9 limit on its highways. 10 ACTING PRESIDENT DiCARLO: 11 There's a home rule message at the desk. Read 12 the last section. 13 THE SECRETARY: Section - 14 SENATOR PATERSON: Lay it aside. 15 ACTING PRESIDENT DiCARLO: Lay it 16 aside. 17 THE SECRETARY: Calendar 553, by 18 Senator Leibell, Senate Print 2740, an act to 19 amend the General Municipal Law, in relation to 20 creating the town of Patterson Industrial Devel 21 opment Agency and repealing certain provisions 22 of such law relating thereto. 23 ACTING PRESIDENT DiCARLO: 5529 1 There's a home rule message at the desk. Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT DiCARLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 50. 9 ACTING PRESIDENT DiCARLO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 554, by Senator Volker, Senate Print 2767, an 13 act to amend Chapter 207 of the Laws of 1994, 14 relating to incorporating the Twin District 15 Volunteer Firefighter's Benevolent Association. 16 ACTING PRESIDENT DiCARLO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT DiCARLO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 50. 5530 1 ACTING PRESIDENT DiCARLO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 555, by Senator Volker, Senate Print 2769, an 5 act to amend the Local Finance Law, in relation 6 to the sale of bonds and notes of the city of 7 Buffalo. 8 ACTING PRESIDENT DiCARLO: There 9 is a home rule message at the desk. Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT DiCARLO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 50. 17 ACTING PRESIDENT DiCARLO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 556, by Senator Stafford, Senate Print 2803-A, 21 an act authorizing the town of Johnsburg to 22 convey an easement over certain parkland to the 23 Department of Environmental Conservation. 5531 1 ACTING PRESIDENT DiCARLO: There 2 is a home rule message at the desk. Read the 3 last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 ACTING PRESIDENT DiCARLO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 50. 10 ACTING PRESIDENT DiCARLO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 558, by Senator Nozzolio, Senate Print 3202, an 14 act to amend the Town Law, in relation to 15 providing for the election of a third town 16 justice. 17 ACTING PRESIDENT DiCARLO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT DiCARLO: Call 22 the roll. 23 (The Secretary called the roll.) 5532 1 THE SECRETARY: Ayes 50. 2 ACTING PRESIDENT DiCARLO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 561, by Senator Skelos, Senate Print 3433-A, an 6 act to amend the Nassau County Administrative 7 Code, Chapter 879 of the Laws of 1936 providing 8 for an alternative form of government for 9 certain counties. 10 ACTING PRESIDENT DiCARLO: Read 11 the last section. 12 THE SECRETARY: Section 9. This 13 act shall take effect immediately. 14 ACTING PRESIDENT DiCARLO: 15 Senator Paterson, why do you rise? 16 SENATOR PATERSON: Is there a 17 home rule message on that bill? 18 ACTING PRESIDENT DiCARLO: No, 19 there is no home rule message. There isn't one 20 required. Read the last section. 21 THE SECRETARY: Section 9. This 22 act shall take effect immediately. 23 ACTING PRESIDENT DiCARLO: Call 5533 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 52. 4 ACTING PRESIDENT DiCARLO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 572, by Senator Levy, Senate Print 391, an act 8 to amend the Transportation Law, in relation to 9 establishing a task force to develop and imple 10 ment a statewide system for recording incidents 11 and accidents. 12 ACTING PRESIDENT DiCARLO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 30th day. 16 ACTING PRESIDENT DiCARLO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 52. 20 ACTING PRESIDENT DiCARLO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 587, by Senator Levy, Senate Print 4199, an act 5534 1 in relation to requiring the Department of Motor 2 Vehicles to include certain information in its 3 annual summary of motor vehicle accidents. 4 ACTING PRESIDENT DiCARLO: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT DiCARLO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 52. 12 ACTING PRESIDENT DiCARLO: The 13 bill is passed. 14 Senator Paterson, a correction on 15 Senate 3433-A. Senator Skelos, there was a home 16 rule message required and it was received. 17 SENATOR PATERSON: Thank you, Mr. 18 President. 19 ACTING PRESIDENT DiCARLO: 20 Senator Skelos, that completes the noncontro 21 versial calendar. 22 SENATOR SKELOS: Before we go to 23 the controversial, I'm informed that Senator 5535 1 LaValle inadvertently laid aside Calendar Number 2 368, so unless somebody wants to lay it aside - 3 lay the bill aside, if we could vote on it at 4 this time. 5 ACTING PRESIDENT DiCARLO: Call 6 up Calendar Number 368. 7 THE SECRETARY: Calendar Number 8 368, by member of the Assembly Harenberg, Senate 9 Print -- Assembly Print 1428, an act to amend 10 the Education Law, in relation to establishing 11 the terms of contracts. 12 ACTING PRESIDENT DiCARLO: Read 13 the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect on the 1st day of July. 16 ACTING PRESIDENT DiCARLO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 53. 20 ACTING PRESIDENT DiCARLO: The 21 bill is passed. 22 Senator Skelos. 23 SENATOR SKELOS: If we could take 5536 1 up the controversial calendar at this time. 2 ACTING PRESIDENT DiCARLO: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 72, by Senator Skelos, Senate Print 1117, an act 6 to amend the Business Corporation Law and the 7 Civil Practice Law, in relation to shareholder 8 suits. 9 SENATOR SKELOS: Lay it aside for 10 the day, please. 11 ACTING PRESIDENT DiCARLO: Lay 12 the bill aside for the day. 13 THE SECRETARY: Calendar Number 14 403, by Senator Lack, Senate Print 3064, an act 15 to amend the Surrogate's Court Procedure Act, in 16 relation to compensation. 17 ACTING PRESIDENT DiCARLO: 18 Senator Paterson. 19 SENATOR PATERSON: Explanation. 20 ACTING PRESIDENT DiCARLO: An 21 explanation has been asked for. 22 Senator Lack. 23 SENATOR LACK: Thank you, Mr. 5537 1 President. 2 This bill would require the pubic 3 administrators within the five counties of the 4 city of New York to be paid a salary that's the 5 equivalent to the salary of a judge of the Civil 6 Court or the Criminal Court of the city of New 7 York. 8 ACTING PRESIDENT DiCARLO: 9 Senator Paterson. 10 SENATOR PATERSON: Mr. President, 11 I just have a brief question for Senator Lack. 12 ACTING PRESIDENT DiCARLO: 13 Senator Lack, do you yield to a question? 14 SENATOR LACK: Yes, Mr. 15 President. 16 ACTING PRESIDENT DiCARLO: 17 Senator Paterson. 18 SENATOR PATERSON: Senator Lack, 19 the Mayor's office is saying that there is al 20 ready a 15 percent increase that's going through 21 and this would create what -- they almost 22 describe it as a windfall for these public 23 administrators, and I just wanted to get your 5538 1 response to that. That's all. 2 SENATOR LACK: The only response, 3 Mr. President, that can be given is this has 4 nothing to do with a negotiated salary increase 5 as it is relative to the work and experience 6 that the public administrators do. 7 This is not the first time this 8 bill has been before this house and, hopefully, 9 it'll pass this house again, it'll pass the 10 Assembly and it'll be signed into law by the 11 Governor so that we equate the work load of the 12 public administrators to the surrogate and the 13 equivalent amount of work that's performed 14 within the court system, notwithstanding any 15 salary increase that's negotiated currently 16 between the public administrators and the city 17 of New York. 18 ACTING PRESIDENT DiCARLO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 30th day. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5539 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 53. 3 ACTING PRESIDENT DiCARLO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 545, by Senator Bruno, Senate Print 1859, an act 7 in relation to authorizing the village of Round 8 Lake, County of Saratoga, to reduce the speed 9 limit on its highways. 10 ACTING PRESIDENT DiCARLO: 11 Senator Paterson. 12 SENATOR PATERSON: Explanation. 13 ACTING PRESIDENT DiCARLO: 14 Senator Paterson has asked for an explanation. 15 SENATOR SKELOS: Lay it aside 16 temporarily. 17 ACTING PRESIDENT DiCARLO: Lay 18 the bill aside temporarily. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 at this time if we could return to the reports 22 of standing committees, I believe there's a 23 report of the Finance Committee at the desk. 5540 1 ACTING PRESIDENT DiCARLO: The 2 Secretary will read. 3 THE SECRETARY: Senator Stafford, 4 from the Committee on Finance, offers up the 5 following nomination: Director of the New York 6 State Urban Development Corporation, Charles E. 7 Dorkey III of New York City. 8 SENATOR SKELOS: Mr. President, 9 would you recognize Senator Goodman? 10 ACTING PRESIDENT DiCARLO: 11 Senator Goodman on the nomination. 12 SENATOR GOODMAN: Mr. President, 13 it gives me much pleasure to say a word on 14 behalf of Mr. Charles E. Dorkey III who has come 15 before us for this nomination. I have known Mr. 16 Dorkey for many years. He is a constituent of 17 mine and is a leading citizen of the New York 18 City community. 19 Very briefly, he is a practicing 20 attorney, a senior member and the litigating 21 partner of the firm of Haythe & Curley of New 22 York City. 23 He's a graduate of Dartmouth 5541 1 College and of the University of Pennsylvania 2 Law School. He was admitted to the Bar in 1975 3 and has a distinguished record as a practicing 4 attorney. 5 He is also an individual who has 6 been heavily involved in community service as a 7 member of the Citizens Budget Committee, the - 8 he's president of his Dartmouth College Class of 9 1991 to '95. He's an at-large representative of 10 its alumni council. He's active with the 11 University of Pennsylvania and, in general, has 12 distinguished himself in a number of ways and 13 has especially shown great interest in govern 14 ance in the city of New York. 15 It's a pleasure to commend him in 16 the warmest terms to this body for his nomina 17 tion and, I trust, his confirmation. 18 ACTING PRESIDENT DiCARLO: The 19 question is on the confirmation of Charles E. 20 Dorkey III as Director of the Urban Development 21 Corporation. All those in favor signify by 22 saying aye. 23 (Response of "Aye.") 5542 1 Opposed, nay. 2 (There was no response.) 3 The ayes have it. Charles E. 4 Dorkey III is hereby confirmed as Director of 5 the Urban Development Corporation. 6 SENATOR GOODMAN: Mr. President. 7 ACTING PRESIDENT DiCARLO: 8 Senator Goodman. 9 SENATOR GOODMAN: May I request 10 that I be recorded in the negative on Calendar 11 403 which passed a few moments ago? 12 ACTING PRESIDENT DiCARLO: 13 Without objection. 14 Mr. Dorkey, on behalf of the 15 Senate - 16 SENATOR GOODMAN: He's not 17 present, Mr. President. 18 ACTING PRESIDENT DiCARLO: He's 19 not present. Okay. 20 Senator Skelos. 21 SENATOR SKELOS: I believe 22 there's another report of the Finance Committee 23 at the desk, if we could have it read, please. 5543 1 ACTING PRESIDENT DiCARLO: The 2 Secretary will read. 3 THE SECRETARY: Senator 4 Stafford, from the Committee on Finance, hands 5 up the following bills directly for third 6 reading: 7 Budget Bill, Senate Print 5144, 8 an act to provide for payments to municipalities 9 and providers of medical services. 10 Budget Bill, Senate Print 5145, 11 an act making an appropriation for the support 12 of government. 13 Budget Bill, Senate Print 5146, 14 an act making an appropriation for the support 15 of government. 16 Budget Bill, Senate Print 5147, 17 an act making an appropriation for debt service 18 obligations. 19 Budget Bill, Senate Print 5148, 20 an act making an appropriation for the support 21 of government. 22 Budget Bill, Senate Print 5149, 23 an act making an appropriation for the support 5544 1 of government. 2 All bills directly for third 3 reading. 4 ACTING PRESIDENT DeFRANCISCO: 5 Without objection, all bills reported to third 6 reading. 7 SENATOR SKELOS: Mr. President. 8 ACTING PRESIDENT DeFRANCISCO: 9 Senator Skelos. 10 SENATOR SKELOS: There will be an 11 immediate meeting of the Aging Committee - 12 Senator DiCarlo -- in Room 332 of the Capitol - 13 I believe Local Government is meeting at this 14 point -- following the Local Government 15 Committee. 16 Senator Volker. 17 SENATOR VOLKER: Mr. President, 18 the Codes Committee now will meet at its regular 19 time at 12:00 noon in 708 over in the Capitol - 20 or in the LOB at the regular room. 21 ACTING PRESIDENT DeFRANCISCO: 22 All right. There will be an immediate meeting 23 of the Aging Committee in Room 332 of the 5545 1 Capitol and, at the regular time, the Codes 2 Committee will meet at 708 in the LOB. 3 Senator Skelos. 4 SENATOR SKELOS: Yes, Mr. 5 President. At this time, the Senate will stand 6 at ease until 1:00 p.m. this afternoon. 7 ACTING PRESIDENT DeFRANCISCO: 8 The Senate will stand at ease 'til 1:00 p.m. 9 this afternoon. 10 (Whereupon, the Senate stood at 11 ease from 11:35 a.m. until 1:45 p.m.) 12 SENATOR SKELOS: Mr. President. 13 ACTING PRESIDENT DiCARLO: 14 Senator Skelos. 15 SENATOR BRUNO: There will be an 16 immediate meeting of the Rules Committee in Room 17 332 in the Capitol and session will resume once 18 the Rules Committee has met. 19 ACTING PRESIDENT DiCARLO: There 20 will be an immediate meeting of the Rules Com 21 mittee in Room 332 of the Capitol. Immediately 22 following, session will begin. 23 SENATOR BRUNO: Mr. President, 5546 1 can we return to reports of standing commit 2 tees? I understand that there's a report from 3 the Rules Committee at the desk. Can we have 4 that read? 5 ACTING PRESIDENT DiCARLO: There 6 is a report. Without objection, reports of 7 standing committees. 8 The Secretary will read. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, hands up the 11 following bill directly for third reading: 12 Senate Print 5150, Budget Bill, an act making an 13 appropriation for the support of government. 14 ACTING PRESIDENT DiCARLO: 15 Senator Bruno. 16 SENATOR BRUNO: I would move we 17 adopt the report of the Rules Committee. 18 ACTING PRESIDENT DiCARLO: All in 19 favor of adopting the report of the Rules 20 Committee signify by saying aye. 21 (Response of "Aye".) 22 Opposed, nay. 23 (There was no response.) 5547 1 The Rules report is adopted. 2 Senator Bruno. 3 SENATOR BRUNO: Mr. President, 4 would you recognize Senator Goodman for the 5 purposes of an announcement? 6 ACTING PRESIDENT DiCARLO: 7 Senator Goodman. 8 SENATOR GOODMAN: Mr. President, 9 the Committee on Investigations, Taxation and 10 Government Operations which was scheduled to 11 meet at this hour will instead meet immediately 12 after this session in the outer lobby of this 13 Senate chamber -- I mean, in the inner lobby of 14 this Senate chamber next to the food, Mr. 15 President. 16 ACTING PRESIDENT DiCARLO: 17 Senator Bruno. 18 SENATOR BRUNO: Mr. President, 19 can we now take up Calendar Number 780? 20 ACTING PRESIDENT DiCARLO: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 780, Senate Budget Bill, Senate Print 5150, an 5548 1 act making appropriation for the support of 2 government. 3 ACTING PRESIDENT DiCARLO: 4 Senator Bruno. 5 SENATOR BRUNO: Mr. President, is 6 there a message at the desk? 7 ACTING PRESIDENT DiCARLO: Yes, 8 Senator Bruno, there is. 9 SENATOR BRUNO: I move we accept 10 the message. 11 ACTING PRESIDENT DiCARLO: All in 12 favor of accepting the message of necessity 13 signify by saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The message is adopted. 18 Read the last section. 19 THE SECRETARY: Section 6. This 20 act shall take effect immediately. 21 ACTING PRESIDENT DiCARLO: Call 22 the roll. 23 (The Secretary called the roll.) 5549 1 THE SECRETARY: Ayes 57. 2 ACTING PRESIDENT DiCARLO: The 3 bill is passed. 4 Senator Bruno. 5 SENATOR BRUNO: Mr. President, 6 you're moving so quickly in this chamber, I can 7 hardly stand the pace. I wanted to just explain 8 my vote. 9 SENATOR GOLD: Without objection. 10 SENATOR BRUNO: Without 11 objection. Thank you, Senator Gold. 12 ACTING PRESIDENT DiCARLO: 13 Senator Bruno to explain his vote. 14 SENATOR BRUNO: I'm pleased that 15 we just acted on a legislative pay bill, and I 16 wanted to note that this bill will pay all 17 legislative employees from April 1st retro 18 actively to April 19th and will then pay going 19 forward to the next two weeks, whenever the pay 20 is due, a week from this coming Wednesday. 21 It also includes the executive 22 chamber from, I believe, March 1st forward for 23 the retroactive pay that those people have 5550 1 earned. 2 I really wanted to just commend 3 the Governor for having sent this bill up in 4 this form because this goes beyond the court 5 decision. The court decision only indicated 6 that going forward the pay bill would include 7 legislative employees. This pays them 8 retroactively. 9 We, in this chamber, have been 10 supportive of that and the Governor, I think in 11 his wisdom, has been supporting people in this 12 chamber and in the other chamber and all the 13 legislative employees. All of us are indebted 14 to them for being so conscientious, working so 15 diligently day, night and weekends where it's 16 been appropriate while they were not getting 17 paychecks. 18 So I really wanted to say thank 19 you, Mr. President, to my colleagues, for your 20 patience and for your support and especially to 21 all of the legislative employees and those in 22 the executive chamber who have worked so 23 diligently to move the legislative process 5551 1 forward. 2 ACTING PRESIDENT DiCARLO: 3 Senator Connor. 4 SENATOR CONNOR: Mr. President, 5 to explain my vote. 6 ACTING PRESIDENT DiCARLO: 7 Senator Connor. 8 SENATOR CONNOR: I'm certainly 9 willing to commend the Governor on sending this 10 bill up under an old adage about knowing when to 11 hold 'em and when to fold 'em, but I really do 12 want to thank the framers of the United States 13 Constitution for setting up a system of laws 14 which even the most powerful in our society have 15 to follow, and for including in that framework 16 an independent judiciary in the federal courts 17 wherein a judge -- I have been told he was once 18 a Republican or he's a Republican -- I guess 19 U.S. District Court judges can still be 20 registered in a party -- he certainly called the 21 law the way he saw it, the way the Constitution 22 set it forth, and while the Governor certainly 23 is to be commended for including pay back to 5552 1 April 1st, it's clear from the judge's decision 2 that he found it was illegal not to pay legis 3 lative employees for that whole time period. 4 His remedy, which looked forward and didn't 5 cover those 13 days, was constrained by some of 6 the intricacies of federal jurisdiction, but 7 certainly the decision as to what was right and 8 what was wrong applied to those first 13 days as 9 well, and I'm glad that the Governor this week 10 came to see that the appropriate thing to do was 11 to pay these employees. 12 Mr. President, it was always a 13 sideshow. This idea that you could somehow 14 starve people into submission, un-American as it 15 sounded, was also a sideshow. No legislator on 16 any side of the aisle is going to vote for or 17 against anything, in my opinion, that they don't 18 believe is right, the right way to vote in 19 representing their constituents, even if you're 20 not getting paid, even if someone else, 21 regretful as it was, is not getting paid. 22 So I'm afraid it was a bad idea 23 from day one. It was always illegal. It may 5553 1 have been driven by some sort of populist appeal 2 to scapegoat certain people; that's regrettable, 3 but it's now been abandoned and, hopefully, we 4 will continue with the work of negotiating a 5 budget, which I know Senator Bruno certainly has 6 been doing and wants to do and I think all of my 7 colleagues want to do. 8 So, you know, I'm glad that we've 9 put this part of the process which never should 10 have been part of the process behind us, and we 11 recognize that those who work in America get 12 paid. 13 Thank you, Mr. President. 14 ACTING PRESIDENT DiCARLO: 15 Senator Gold to explain his vote. 16 SENATOR GOLD: Thank you. 17 I'll be very brief. If it wasn't 18 for Senator Bruno's remarks, I don't know 19 whether we would make any but, Senator, I'll 20 thank the Governor when the Governor does 21 something that deserves his thanks regardless of 22 party, but I don't think that when you do 23 something because a federal judge bangs you over 5554 1 the head, the people in your own party tell you, 2 "Governor, why do you want to make enemies out 3 of all of us", I don't think that's a place for 4 commendation. 5 I do think, however, Senator 6 Bruno, that you ought to be commended because 7 the bottom line is I believe that you and the 8 members on your side did not want to be disloyal 9 to the Governor and were put in a very difficult 10 situation. I saw you and others on television 11 earlier this week -- or actually, towards the 12 end of last week saying you were putting in the 13 bill and you were just going to move forward, 14 and I think that is to your credit. 15 I also want to commend Senator 16 Connor who knew what was right from the 17 beginning and who didn't need a federal judge to 18 give him an education, and I think certainly the 19 staff behind your back, Senator Connor, talks 20 about you and is very grateful for the 21 leadership in continuing this fight so that they 22 could finally get this money. 23 Lastly, I don't congratulate -- I 5555 1 don't want to mention Art Brown by name, but 2 there is somebody of rather limited intellect 3 who writes editorials for the Daily News and 4 obviously if the Legislature was to do what he 5 wanted, we would sink the city of New York, and 6 somebody ought to sit down with that person in 7 very small words that he might understand, 8 explain that the budget fight is partly for the 9 survival of the city of New York where a lot of 10 their newspapers get sold, and if it wasn't for 11 our intellect, rather than his, the city would 12 go down the drain. 13 I vote yes. 14 ACTING PRESIDENT DiCARLO: 15 Senator Dollinger to explain his vote. 16 SENATOR DOLLINGER: Mr. 17 President, I rise to echo the sentiments of my 18 colleagues, Senator Gold and Senator Connor. 19 I have really no thanks to go 20 down to the second floor. I agree with Senator 21 Gold. Governor Pataki was hit over the head 22 with the threat of contempt and we now see the 23 product of that threat of contempt, and he is 5556 1 doing what, frankly, I think everybody on this 2 side of the aisle loudly articulated for the 3 last two weeks that it is the right thing. 4 What he's doing is paying people 5 for work that they have earned, and I'm 6 astounded by two things that the Governor said. 7 One, he's quoted in the paper this morning as 8 saying it would be simple parity that requires 9 that not only do the legislative employees who 10 brought this lawsuit and who are the named 11 parties, but also that his employees who work on 12 the second floor and were not paid should be 13 paid as well. It was simple parity that we pay 14 legislative employees and his employees. 15 It seems to me he forgot the 16 other simple things that we talked about in this 17 two-week fight, simple fairness, simple justice 18 and simple compassion. I suggest to the 19 Governor that he go back and look up those terms 20 and realize that that's what we had argued all 21 the time. 22 The other thing I'm astounded by 23 the Governor is the Governor wants to appeal be 5557 1 cause of the importance of separation of powers 2 between a federal court and a state government. 3 Wasn't that the whole argument here, separation 4 of powers? Why should the legislative employees 5 not be paid while everybody in the executive 6 branch except a handful of people who worked on 7 the Governor's staff were paid? 8 Did the Governor forget the 9 importance of powers that are reserved to the 10 Legislature, to this body? I think the Governor 11 needs to go back to law school and learn 12 something about the simple rules of law as well 13 as the simple concept of separation of power. 14 I also will commend Senator 15 Bruno. Senator Connor referred to a group of 16 Senators in this chamber who were silently 17 whispering support. I think there were silent 18 whispers of support from people in this 19 chamber. I appreciate the fact that Senator 20 Bruno, after the federal court decision came 21 down and I understand even prior to that, was 22 advocating that everybody that works ought to 23 get paid which, as we all know, is the simple, 5558 1 right, just, fair and compassionate thing to do. 2 I commend my colleagues. This is 3 the right thing. Now we can get on with the 4 real issue, which is to have a debate over what 5 this budget means to the people of the state of 6 New York and go forward. This sorry episode is 7 over. 8 ACTING PRESIDENT DiCARLO: 9 Senator Waldon to explain his vote. 10 SENATOR WALDON: Thank you very 11 much, Mr. President, my colleagues. 12 I'll be very brief. I am not 13 going to address, as my colleagues have, the 14 resolution of the court case and that the 15 Governor was put into a position where he felt 16 it best to comply, was forced to comply. 17 I'm going to put out on the air 18 the question of why did this ever occur? Why 19 did someone attempt to bully us into having his 20 way by holding hostage the little people? 21 Everyone knows who the Governor 22 is. When we walk into a room, we recognize that 23 we are the Senators. Senator Bruno is our 5559 1 leader. Our Minority Leader is Marty Connor. 2 If the Governor is there, he is the Governor. 3 If Shelly Silver is there, he is the Speaker. 4 We all know that. So there's no need to use the 5 high office of the governorship of the state of 6 New York to whip people into line by holding 7 hostage my receptionist, my secretaries and my 8 office managers, and I would think all of our 9 people who work in similar capacities. 10 I don't understand this. I have 11 never in all my years focusing upon, participat 12 ing in government, ever seen this kind of bully 13 tactic by someone who is sitting in a seat as 14 high as the governor's seat of the state of New 15 York. 16 One day we may know why. I am 17 interested and concerned and would like to know 18 why. I would like to know whether there was a 19 Freudian slip where someone got out -- into 20 something and didn't know how to pull back or if 21 this really speaks to the mettle, m-e-t-t-l-e, 22 of the man. If it speaks to the mettle of the 23 man, I am really worried and really concerned, 5560 1 but I'm glad that it's over. 2 I'm glad that my staff members 3 are happier today than they have been in quite a 4 few weeks and I'm glad that pall that's been 5 hanging over our chamber driven by this 6 contentiousness orchestrated from the second 7 floor may now somewhat, if not disappear, at 8 least dissipate, and I'll look forward to our 9 making a budget that will work for all of the 10 people of the state of New York, especially the 11 little people. 12 Thank you, Mr. President. 13 ACTING PRESIDENT DiCARLO: 14 Senator Paterson to explain his vote. 15 SENATOR PATERSON: Mr. President, 16 there's just a little issue that doesn't help 17 this whole process any, and that relates to the 18 fact that originally it was the intention not to 19 pay any of the employees of this state, but 20 there was a great deal of pressure from a number 21 of unions and those who are powerful and those 22 who were in position to make their interests the 23 reality of those who were making the decisions 5561 1 in this process. 2 And so the initial attempt was, 3 in a sense, changed so that we would just have a 4 bill that would not pay the legislators and 5 wouldn't pay the staff. The staff doesn't have 6 a union. The staff doesn't have the opportun 7 ities or the rights that individuals around this 8 state who are in unions did have, and so it was 9 an attempt to pick on individuals who probably 10 were perceived not to have any clout in terms of 11 fighting back, and it was probably an oppor 12 tunity to make a point at the expense of indi 13 viduals, at the expense of their paychecks. 14 Some of them work part time. Some of them work 15 seasonally. Some of them work session. Many of 16 them are single-family household heads. Many of 17 them are just struggling trying to earn a 18 living, and a great number of them live right in 19 this particular area, in Albany, in Schenectady, 20 in Troy and cities around here, and the feeling 21 was, if anyone tried to defend them, that the 22 media would not speak for them. The media would 23 not even want to listen because these individ 5562 1 uals were friends or relatives or political 2 hacks or all kinds of names that staff members 3 are called. 4 In fact, there have been 5 instances where the process was certainly 6 brought down by the fact that there was that 7 kind of hiring, but the overwhelming majority of 8 staff members, as in every area, are hard 9 working citizens of this country who were just 10 trying to earn a living who take a lot of pride 11 in their work and have a reasonable expectation 12 that they would be paid for it. 13 I hope that, as we continue in 14 this budget process, that this court decision 15 may tell us how to deal with the staff, but I 16 think there's some dicta, some spirit in this 17 decision that may help us in the budget process 18 about perhaps not trying to scapegoat all of our 19 problems on individuals who can't fight back or 20 don't have a voice. I hope we will, from this 21 lesson, move forward and think in terms of what 22 the best interests of our state is, if we have a 23 gap in our budget, that we divide it equally and 5563 1 that we all share in the circumstances that have 2 beset us in this fiscal year. 3 I'll try to react positively from 4 this verdict. I hope that the admonitions that 5 Senator Waldon just gave us are not going to be 6 fulfilled. I certainly hope that this will mark 7 a time in which we will really now concentrate 8 our full attention to the budget process. We 9 have a contract, a contract with the citizens of 10 New York, that we will bring in a budget and I 11 hope that we could do that in the earliest time. 12 ACTING PRESIDENT DiCARLO: The 13 bill is passed. 14 Senator Bruno. 15 SENATOR BRUNO: Mr. President, 16 can we now go back to Calendar Number 714? 17 ACTING PRESIDENT DiCARLO: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 714, Budget Bill, Senate Print 5144, an act to 21 provide for payments to municipalities and 22 providers of medical services. 23 ACTING PRESIDENT DiCARLO: 5564 1 Senator Bruno. 2 SENATOR BRUNO: Is there a 3 message at the desk, Mr. President? 4 ACTING PRESIDENT DiCARLO: Yes, 5 Senator, there is. 6 Senator Bruno. 7 SENATOR BRUNO: I move we adopt 8 the message, Mr. President. 9 ACTING PRESIDENT DiCARLO: All in 10 favor of accepting the message of necessity 11 signify by saying aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The message is accepted. 16 Read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT DiCARLO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT DiCARLO: The 5565 1 bill is passed. 2 Senator Bruno. 3 SENATOR BRUNO: Mr. President, 4 can we now take up Calendar Number 715? 5 ACTING PRESIDENT DiCARLO: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 715, Budget Bill, Senate Print 5145, an act 9 making an appropriation for the support of 10 government. 11 ACTING PRESIDENT DiCARLO: 12 Senator Bruno. 13 SENATOR BRUNO: Is there a 14 message at the desk? 15 ACTING PRESIDENT DiCARLO: Yes, 16 Senator, there is. 17 SENATOR BRUNO: Can we - 18 ACTING PRESIDENT DiCARLO: 19 Senator Bruno. 20 SENATOR BRUNO: -- accept the 21 message, Mr. President? 22 ACTING PRESIDENT DiCARLO: All in 23 favor of accepting the message of necessity 5566 1 signify by saying aye. 2 (Response of "Aye".) 3 Opposed, nay. 4 (There was no response.) 5 The message is accepted. 6 Read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT DiCARLO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 57. 13 ACTING PRESIDENT DiCARLO: The 14 bill is passed. 15 Senator Bruno. 16 SENATOR BRUNO: Mr. President, 17 can we now take up Calendar Number 716? 18 ACTING PRESIDENT DiCARLO: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 716, Budget Bill, Senate Print 5146, an act 22 making an appropriation for the support of 23 government. 5567 1 ACTING PRESIDENT DiCARLO: 2 Senator Bruno. 3 SENATOR BRUNO: Is there a 4 message from the Governor at the desk? 5 ACTING PRESIDENT DiCARLO: Yes, 6 Senator Bruno, there is. 7 SENATOR BRUNO: And can we move 8 the message at this time? 9 ACTING PRESIDENT DiCARLO: All in 10 favor of accepting the message of necessity 11 signify by saying aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The message is accepted. 16 Read the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT DiCARLO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT DiCARLO: The 5568 1 bill is passed. 2 Senator Bruno. 3 SENATOR BRUNO: Mr. President, 4 can we now take up Calendar Number 717? 5 ACTING PRESIDENT DiCARLO: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 717, Budget Bill, Senate Print 5147, an act 9 making an appropriation for debt service 10 obligations of the City University of New York. 11 ACTING PRESIDENT DiCARLO: 12 Senator Bruno. 13 SENATOR BRUNO: Is there a 14 message at the desk, Mr. President? 15 ACTING PRESIDENT DiCARLO: Yes, 16 Senator Bruno, there is. 17 SENATOR BRUNO: Can we accept the 18 message? 19 ACTING PRESIDENT DiCARLO: All in 20 favor of accepting the message of necessity 21 signify by saying aye. 22 (Response of "Aye".) 23 Opposed, nay. 5569 1 (There was no response.) 2 The message is adopted. 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT DiCARLO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 57. 10 ACTING PRESIDENT DiCARLO: The 11 bill is passed. 12 Senator Bruno. 13 SENATOR BRUNO: Mr. President, 14 can we now take up Calendar Number 718? 15 ACTING PRESIDENT DiCARLO: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 718, Budget Bill, Senate Print 5148, an act 19 making an appropriation for the support of 20 government. 21 ACTING PRESIDENT DiCARLO: 22 Senator Bruno. 23 SENATOR BRUNO: Is there a 5570 1 message at the desk, Mr. President? 2 ACTING PRESIDENT DiCARLO: Yes, 3 Senator Bruno, there is. 4 SENATOR BRUNO: Can we accept the 5 message? 6 ACTING PRESIDENT DiCARLO: All in 7 favor of accepting the message of necessity 8 signify by saying aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The message is accepted. 13 Read the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT DiCARLO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 57. 20 ACTING PRESIDENT DiCARLO: The 21 bill is passed. 22 Senator Bruno. 23 SENATOR BRUNO: Mr. President, 5571 1 can we now take up Calendar Number 7... I lost 2 track ...19? This is hard. 3 Thank you, Mr. President. 4 ACTING PRESIDENT DiCARLO: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 719, Budget Bill, Senate Print 5149, an act 8 making an appropriation for the support of 9 government. 10 ACTING PRESIDENT DiCARLO: 11 Senator Bruno. 12 SENATOR BRUNO: Is there a 13 message at the desk, Mr. President? 14 ACTING PRESIDENT DiCARLO: Yes, 15 Senator Bruno, there is. 16 SENATOR BRUNO: Can we accept the 17 message? 18 ACTING PRESIDENT DiCARLO: All in 19 favor of accepting the message of necessity 20 signify by saying aye. 21 (Response of "Aye".) 22 Opposed, nay. 23 (There was no response.) 5572 1 The message is accepted. 2 Read the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT DiCARLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 57. 9 ACTING PRESIDENT DiCARLO: The 10 bill is passed. 11 Senator Bruno. 12 SENATOR BRUNO: Mr. President, I 13 believe you have Calendar Number 545 at the 14 desk. I'd like to lay it aside for the day. 15 ACTING PRESIDENT DiCARLO: We'll 16 lay it aside for the day. 17 SENATOR BRUNO: Is there any 18 housekeeping at the desk, Mr. President? 19 ACTING PRESIDENT DiCARLO: Yes, 20 Senator, there is. 21 SENATOR BRUNO: Can we take it up 22 at this time? 23 ACTING PRESIDENT DiCARLO: 5573 1 Senator Nozzolio. 2 SENATOR NOZZOLIO: Yes. On 3 behalf of Senator Libous, please place a 4 sponsor's star on Calendar Number 663, and on 5 behalf of Senator Cook, on page 23, the 6 following amendments are offered to Calendar 7 Number 475. 8 ACTING PRESIDENT DiCARLO: The 9 bill is starred and the amendments are 10 received. 11 Senator Bruno. 12 SENATOR BRUNO: Mr. President, 13 there being no further business to come before 14 this Senate, I move we stand adjourned until 15 tomorrow at 10:00 a.m. 16 ACTING PRESIDENT DiCARLO: 17 Without objection, the Senate stands adjourned 18 'til tomorrow at 10:00 a.m.. 19 (Whereupon, at 2:24 p.m., the 20 Senate adjourned.) 21 22 23