Tuesday, May 16, 1995

5805 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 16, 1995 10 11:02 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 5806 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Members please find 4 their chairs, the staff their places. Ask 5 everybody in the chamber to rise with me and 6 repeat the Pledge of Allegiance to the Flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 We're very pleased once again to 10 be joined by a constituent of Senator Markowitz, 11 Bishop Muriel Grant of the Mt. Olivet Disciple 12 ship of Brooklyn, New York. 13 Bishop Grant. 14 BISHOP MURIEL GRANT: Let us 15 pray. O God, I thank You for Your presence 16 here. Eternal God, through Whose mighty power 17 our fathers of this nation won their liberties 18 of old, I beseech Thee humbly to hear my prayer 19 this day. May the Almighty God Whose kingdom is 20 everlasting and power infinite, have mercy on 21 our land and so rule the hearts of the servants 22 -- Thy servants, the President of these United 23 States and all others in authority, for the 5807 1 advancement of this great nation. 2 We can surely come to You on the 3 strength of the words of another Abraham in our 4 time in the foundation of the proclamation when 5 he said, "The way is plain, peaceful, generous, 6 just, the way which if followed, the world will 7 forever applaud and God must forever bless." 8 Bless us, Lord, our Governor, 9 whose glory is in all the world. We commend 10 this nation to Thy merciful care, that being 11 guided by Thy providence, we may dwell secure in 12 peace. I beseech these souls, especially for 13 the Senate, Republicans and Democrats alike. 14 Heal all their infirmities, Lord. Bless this, 15 their counseling session. I pray that Thou 16 wouldst be pleased to direct and prosper all 17 their consultations for the advancement of Thy 18 glory, for the good of Thy church, the safety, 19 honor and welfare of Thy people, that all things 20 may be ordered and settled by the endeavor of 21 these upon the best and surest foundation, that 22 peace and happiness, truth and justice, religion 23 and faith may be established amongst us for all 5808 1 generations. This and all other necessaries for 2 them, for us, the whole church, I humbly beg in 3 the name and meditation of Jesus Christ, my 4 Savior, my Lord. Amen. 5 ACTING PRESIDENT KUHL: Reading 6 of the Journal. 7 THE SECRETARY: In Senate, 8 Monday, May 15th. The Senate met pursuant to 9 adjournment, Senator Kuhl in the Chair. The 10 prayer by the Reverend Peter Young of Bolton 11 Landing. The Journal of Sunday, May 14th, was 12 read and approved. On motion, Senate adjourned. 13 ACTING PRESIDENT KUHL: Hearing 14 no objection, the Journal stands approved as 15 read. 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 5809 1 SENATOR COOK: Mr. President. 2 ACTING PRESIDENT KUHL: The Chair 3 recognizes Senator Cook. 4 SENATOR COOK: Mr. President, on 5 behalf of Senator Hannon, please place sponsor's 6 stars on Calendar Numbers 378 and 503. I hope 7 those aren't bills he's already passed. 8 Mr. President - 9 ACTING PRESIDENT KUHL: Calendar 10 Number 378 and 503 will be starred at the 11 request of the sponsor. 12 Senator Cook. 13 SENATOR COOK: Mr. President, I 14 wish to call up Senator Lack's bill, Number 15 2833, recalled from the Assembly, which is now 16 at the desk. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the title. 19 THE SECRETARY: By Senator Lack, 20 Senate Print 2833, an act to amend Chapter 689 21 of the Laws of 1993, amending the Criminal 22 Procedure Law. 23 SENATOR COOK: Mr. President. 5810 1 ACTING PRESIDENT KUHL: Senator 2 Cook. 3 SENATOR COOK: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 ACTING PRESIDENT KUHL: The 7 motion is to reconsider the vote by which the 8 bill passed the house. The Secretary will call 9 the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration.) 12 THE SECRETARY: Ayes 45. 13 ACTING PRESIDENT KUHL: Senator 14 Cook. 15 SENATOR COOK: Mr. President, I 16 offer the following amendments. 17 ACTING PRESIDENT KUHL: The 18 amendments are received and adopted. 19 Senator Cook. 20 SENATOR COOK: Also, Mr. 21 President, on page 58, I offer the following 22 amendments to Senator Skelos' bill, Calendar 23 Number 880, Senate Print 2361, and ask that said 5811 1 bill retain its place on the Third Reading 2 Calendar. 3 ACTING PRESIDENT KUHL: The 4 amendments to Calendar Number 880 are received 5 and adopted. The bill will retain its place on 6 the Third Reading Calendar. 7 Senator Bruno, we have a 8 substitution at the desk. Would you like to 9 take that up at this time? 10 SENATOR BRUNO: Please take that 11 up at this time, Mr. President. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the substitution. 14 THE SECRETARY: Senator Levy 15 moves to discharge from the Committee on Rules, 16 Assembly Bill Number 5182-A and substitute it 17 for the identical Calendar Number 806. 18 ACTING PRESIDENT KUHL: The 19 substitution is ordered. 20 The Chair recognizes Senator 21 Bruno. 22 SENATOR BRUNO: Mr. President, I 23 would like to call an immediate meeting of Rules 5812 1 in Room 332. 2 ACTING PRESIDENT KUHL: There 3 will be an immediate meeting of the Rules 4 Committee in the Majority Conference Room. 5 That's Room 332. Immediate meeting of the Rules 6 Committee in Room 332. 7 The Chair recognizes Senator 8 Trunzo. 9 SENATOR TRUNZO: Mr. President, 10 please put a sponsor's star on Calendar Number 11 600. 12 ACTING PRESIDENT KUHL: Calendar 13 Number 600 will be starred at the request of the 14 sponsor. 15 Senator Saland. 16 SENATOR SALAND: Thank you, Mr. 17 President. 18 Mr. President, I would like to 19 place sponsor's stars on the following bills: 20 Calendars 90... I'm sorry, 944, 945, 954, 955, 21 956, 958 and 959. 22 ACTING PRESIDENT KUHL: Calendar 23 Number 944, 945, 954, 955, 956, 958 and 959 will 5813 1 be starred at the request of the sponsor. 2 The Chair recognizes Senator 3 Bruno -- or Senator Hannon. 4 SENATOR HANNON: Mr. President, 5 would you please place a sponsor's star on 6 Calendar Number 378? 7 ACTING PRESIDENT KUHL: Senator 8 Hannon, a sponsor's star was already placed on 9 Calendar Number 378 by Senator Cook on your 10 behalf. 11 SENATOR HANNON: Thank you. 12 ACTING PRESIDENT KUHL: The Chair 13 recognizes Senator Bruno. That brings us to the 14 calendar, I believe, Senator Bruno. 15 SENATOR BRUNO: Mr. President, 16 can we at this time adopt the Resolution 17 Calendar? 18 ACTING PRESIDENT KUHL: Certainly 19 can. The motion is to adopt the Resolution 20 Calendar. All those in favor signify by saying 21 aye. 22 (Response of "Aye".) 23 Opposed, nay. 5814 1 (There was no response.) 2 The Resolution Calendar is 3 adopted. 4 Senator Bruno. 5 SENATOR BRUNO: Mr. President, 6 can we now take up the non-controversial 7 calendar. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the non-controversial 10 calendar. 11 THE SECRETARY: Calendar Number 12 234, by Senator Johnson, Senate Print 1638, an 13 act to amend the Penal Law, in relation to 14 possessing an obscene sexual performance by a 15 child. 16 SENATOR PATERSON: Lay it aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 310, Assembly Rules Committee, Assembly Print 21 4105, an act to amend the Tax Law, in relation 22 to extending the sales and use taxes by the city 23 of White Plains. 5815 1 ACTING PRESIDENT KUHL: The 2 Sec... the Secretary will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT KUHL: Announce 9 the results when tabulated. 10 THE SECRETARY: Ayes 43, nays 2, 11 Senator Dollinger and Jones recorded in the 12 negative. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 453, by Senator Levy, Senate Print 359, an act 17 to amend the Vehicle and Traffic Law, in 18 relation to criminal history checks on school 19 bus attendants. 20 SENATOR PATERSON: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 5816 1 461, by Senator Levy, Senate Print 4118, an act 2 to amend the Public Authorities Law, in relation 3 to requiring the Metropolitan Transportation 4 Authority to make public an annual summary of 5 the attendance records of its members. 6 ACTING PRESIDENT KUHL: The 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 45. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 562, by Senator Larkin, Senate Print 3652, an 18 act to amend the General Municipal Law, in 19 relation to the operation of games of chance by 20 authorized games of chance lessors. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 5. This 5817 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT KUHL: Announce 6 the results when tabulated. 7 SENATOR GOLD: Lay it aside. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 601, by Senator Larkin, Senate Print 2963, an 12 act to amend the Election Law, in relation to 13 the hours for voting at primary elections within 14 the county of Orange or Ulster. 15 SENATOR LARKIN: Lay it aside for 16 the day. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside for the day at the request of the 19 sponsor. 20 THE SECRETARY: Calendar Number 21 602, by Member of the Assembly Tokasz, Assembly 22 Print 4959, an act to amend the Election Law, in 23 relation to merging election districts at school 5818 1 board and general elections. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 1st day of August. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 45. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 603, by Senator Leibell, Senate Print 3343, an 14 act to amend the Real Property Tax Law, in 15 relation to the exemption of certain private 16 dwellings and improvements within cities having 17 a population of one million or more. 18 ACTING PRESIDENT KUHL: The 19 Secretary will -- lay the bill aside. 20 THE SECRETARY: Calendar Number 21 617, Member of the Assembly Vitaliano, an act to 22 amend the Retirement and Social Security Law, in 23 relation to the extension of the temporary 5819 1 benefits and supplementation of programs. 2 ACTING PRESIDENT KUHL: The 3 Secretary 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 45. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 618, by Senator Trunzo, Senate Print 2868, an 14 act to amend the Retirement and Social Security 15 Law, in relation to the membership of policemen 16 and firemen. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. This 20 this act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 5820 1 THE SECRETARY: Ayes 45. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 625, by Senator Marchi, Senate Print 3367, an 6 act to repeal Section 630 of the Business 7 Corporation Law, relating to the liability of 8 shareholders. 9 SENATOR PATERSON: Lay it aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 627, by Senator Marchi, Senate Print 3802, an 14 act to amend the Public Authorities Law, in 15 relation to powers and duties of the Battery 16 Park City Authority. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 5821 1 THE SECRETARY: Ayes 45. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 635, by Senator Cook, Senate Print 562, an act 6 to amend the Highway Law, in relation to the 7 definition of the Southern Tier Expressway. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 6. This 11 act shall take effect on the 1st day of July. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 45. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 636, by Senator Levy, Senate Print 1476, an act 20 to amend the Vehicle and Traffic Law and the 21 Education Law, in relation to making technical 22 corrections relating to phasing out the use of 23 school buses. 5822 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 44, nays 1, 9 Senator Seward recorded in the negative. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 637, by Senator Goodman, Senate Print 1695-A, an 14 act to amend the Transportation Law, in relation 15 to increasing penalties for violating a motor 16 carrier certificate. 17 SENATOR LEICHTER: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Leichter, why do you rise? 20 SENATOR LEICHTER: May I inquire, 21 Calendar Number 625, was that laid aside? 22 Okay. Thank you. 23 ACTING PRESIDENT KUHL: 625? 5823 1 Yes, Senator Marchi's bill, Calendar Number 625 2 was laid aside, Senator Leichter. 3 The Secretary will read the last 4 section on Calendar Number 637. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 1st day of 7 November. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 45. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 645, by Senator Seward, Senate Print 3432-A, an 16 act to amend the Public Service Law, in relation 17 to increasing the statutory ceiling for non 18 major changes. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 5824 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 45. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Senator DiCarlo, for those 7 members, we accidentally read Calendar Number 8 645. That's what the vote was. Are there any 9 negatives on Calendar Number 645? 10 (There was no response.) 11 If not, the bill is passed. 12 The Secretary will return to 13 Calendar Number 639 and call that. 14 THE SECRETARY: Calendar Number 15 639, by Senator Goodman, Senate Print 2429, an 16 act to amend the Vehicle and Traffic Law, in 17 relation to regulation of delivery bicycles. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5825 1 (The Secretary called the roll.) 2 ACTING PRESIDENT KUHL: Announce 3 the results when tabulated. 4 THE SECRETARY: Ayes 44, nays 1, 5 Senator DiCarlo recorded in the negative. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 648, by Senator Johnson, Senate Print 36, an act 10 to amend the Tax Law, in relation to exempting 11 from sales and use tax certain transactions. 12 ACTING PRESIDENT KUHL: There's a 13 local fiscal impact note at the desk. The 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 1st day of the 17 quarterly sales tax period. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 47. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 5826 1 THE SECRETARY: Calendar Number 2 649, by Member of the Assembly Butler, Assembly 3 Print 1248, an act to amend the Executive Law, 4 in relation to requiring certain notices to be 5 printed on reports and publications. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 48. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 650, by Senator Farley, Senate Print 1446, an 18 act to amend the Executive Law, in relation to 19 the designation of August 7th as Family Day, a 20 day of commemoration. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. This 5827 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 652, by Senator Saland, Senate Print 2336, an 10 act to amend the Executive Law and the Education 11 Law, in relation to providing security 12 information to prospective students. 13 SENATOR PATERSON: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 655, by Senator Tully, Senate Print 2870, an act 18 to amend the Executive Law, in relation to the 19 creation of the Long Island Sound Coastal 20 Advisory Commission. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 3. This 5828 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 50. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 671, by Senator Skelos, Senate Print 408, an act 10 to amend the Correction Law and the County Law, 11 in relation to maintenance of prisoners in 12 county jail facilities. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 SENATOR PATERSON: Lay it aside. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 THE SECRETARY: Calendar Number 19 672, by Senator LaValle, Senate Print 579, an 20 act to amend the Correction Law, in relation to 21 eligible inmates for temporary release programs. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 5829 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 50. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 674, by Senator Skelos, Senate Print 1740, an 11 act to amend the Executive Law and the Penal 12 Law, in relation to payment of a fee by persons 13 sentenced to probation. 14 SENATOR PATERSON: Lay it aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 678, by Senator Johnson, Senate Print 2355, an 19 act to amend the Education Law, in relation to 20 requiring that State University graduation 21 ceremonies include the Pledge of Allegiance and 22 National Anthem. 23 SENATOR PATERSON: Lay it aside. 5830 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 688, by Senator Hoblock, Senate Print 3554, an 5 act to amend the Retirement and Social Security 6 Law, in relation to transfer of precious service 7 credit. 8 ACTING PRESIDENT KUHL: The 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 50. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 688, ayes 49, nays 1, Senator 20 Leichter recorded in the negative. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5831 1 694, by Senator Cook, Senate Print 4165, an act 2 authorizing the town of New Paltz in Ulster 3 County to make provisions of Section 384-d of 4 the Retirement and Social Security Law. 5 ACTING PRESIDENT KUHL: There's a 6 home rule message at the desk. The 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 THE SECRETARY: Ayes 50. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 703, by Senator Velella, Senate Print 4112-A, an 18 act to amend the Insurance Law, in relation to 19 investments. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 5832 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 52. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 704, by Member of the Assembly Bragman, Assembly 9 Print 6245, an act to amend Chapter 625 of the 10 Laws of 1992, amending the Insurance Law. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the 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 52. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 708, by Senator Wright, Senate Print 3073, the 23 act to amend the State Administrative Procedure 5833 1 Act, in relation to requiring that agencies 2 conduct and include a formal cost/benefit 3 analysis in each regulatory impact statement. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 1st day of October. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 52. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 Senator Libous, that completes 15 the non-controversial calendar. What's your 16 pleasure? 17 SENATOR STAFFORD: Mr. President, 18 there will be an immediate meeting of Finance in 19 Room 332, please, Mr. President. 20 ACTING PRESIDENT KUHL: For the 21 benefit of the members, there will be an immed 22 iate meeting of the Senate Finance Committee in 23 the Majority Conference Room, that's Room 332. 5834 1 Immediate meeting of the Finance Committee. 2 Senator Montgomery, why do you 3 rise? 4 SENATOR MONTGOMERY: Mr. 5 President, I would like unanimous consent to be 6 recorded in the negative on Calendar 672. 7 ACTING PRESIDENT KUHL: Without 8 objection. Hearing no objection, Senator 9 Montgomery will be recorded in the negative on 10 Calendar Number 672. 11 SENATOR MONTGOMERY: Thank you. 12 ACTING PRESIDENT KUHL: The Chair 13 recognizes Senator Libous. 14 SENATOR LIBOUS: Mr. President, 15 we're ready to do the controversial calendar, 16 please. 17 ACTING PRESIDENT KUHL: The 18 Secretary will call the controversial calendar. 19 THE SECRETARY: On page 12, 20 Calendar Number 234, by Senator Johnson, Senate 21 Print 1638, an act to amend the Penal Law, in 22 relation to possessing an obscene sexual 23 performance by a child. 5835 1 SENATOR PATERSON: Explanation. 2 ACTING PRESIDENT KUHL: Senator 3 Johnson, an explanation of Calendar Number 234 4 has been asked for by the Acting Minority 5 Leader, Senator Paterson. 6 SENATOR JOHNSON: Mr. President, 7 this bill makes it illegal to possess an obscene 8 sexual performance by a child, and a sexual 9 performance by a child makes the penalty a - 10 it's a - 11 ACTING PRESIDENT KUHL: Senator 12 Johnson, Senator Johnson, excuse me just a 13 minute. Can we have some order in the house, 14 please? There's an awful lot of conversation 15 going on. It's extremely difficult for members 16 to hear what another member is saying. Staff, 17 please take your chairs. Members, please take 18 their seats. 19 Thank you, Senator Johnson, for 20 the interruption. I apologize. 21 SENATOR JOHNSON: Mr. President, 22 this bill makes possession of child pornography 23 a violation, makes it a Class E felony. We're 5836 1 joining 30 other states that have similar laws, 2 the crackdown on child pornography. 3 We were presented with some sort 4 of an amendment from the other side. I guess 5 they want to talk about it further, but 6 essentially we passed this bill several years 7 running, and it's passed overwhelmingly. 8 That's about all I can say, Mr. 9 President. 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Paterson. 12 SENATOR PATERSON: Mr. President, 13 I have an amendment that is at the desk. It is 14 served and, if you have received it, I would be 15 willing to waive its reading and just speak on 16 it for a couple of moments. 17 ACTING PRESIDENT KUHL: The 18 Secretary does indicate, Senator Paterson, that 19 there is your amendment at the desk. The 20 reading of it is waived and you are afforded at 21 this time the opportunity to explain the 22 amendment. 23 SENATOR PATERSON: Mr. President, 5837 1 all the amendment would do is to require the 2 knowledge or the reason to have knowledge of the 3 individual who would possess the sexual 4 performance that the subject of the performance 5 is 18 years of age or older. 6 What we're trying to avoid is 7 individuals who would have some kind of a sexual 8 performance that they would be reasonably 9 assured would be performed by adults, and then 10 to later find out that actually a person who was 11 under age was involved. 12 Recently, there was a situation 13 where a pornographic film star, whose name is 14 Tracy Lords -- all this information, Mr. 15 President, was upon information and belief, and 16 this individual announced that she had 17 celebrated her 18th birthday, but apparently she 18 had been appearing in these movies for years but 19 no one knew that she was not 18, and so I would 20 not like for a citizen of our state to be put in 21 the position where it would seem that the 22 individual who is the subject of the sexual 23 performance is of age and, therefore, it is a 5838 1 legal transaction and it is a legal participa 2 tion, and then to find later on that the person 3 is under age. That is the sum and the substance 4 of the amendment. 5 ACTING PRESIDENT KUHL: Senator 6 Saland on the amendment. 7 SENATOR SALAND: On the 8 amendment, Mr. President. 9 Mr. President, the existing law 10 in Article 263 already provides for an affirma 11 tive defense, an affirmative defense which, I 12 believe, is set forth in Section 263.20, and 13 that affirmative defense states that it shall be 14 such an affirmative defense that defendant in 15 good faith reasonably believed the person 16 appearing in the performance was 16 years of age 17 or over. 18 Affirmative defense, under our 19 Penal Code or civil procedure -- Criminal 20 Procedure requires that to be established by a 21 mere preponderance of the evidence. To burden 22 the district attorney in these types of prosecu 23 tions to prove beyond a reasonable doubt is not 5839 1 merely a shift in the burden of proof as would 2 be proposed by the Acting Minority Leader, but 3 certainly would be an onerous burden and make 4 prosecution pretty darn near impossible. 5 I would certainly oppose the 6 amendment and urge that my colleagues similarly 7 oppose it. 8 ACTING PRESIDENT KUHL: Senator 9 Paterson. 10 SENATOR PATERSON: Mr. President, 11 truth is an affirmative defense, and the reason 12 that truth becomes affirmative is because we 13 don't know what the truth is when we indict 14 people, and so I think we are confusing the 15 nature of the description of what is an 16 affirmative defense. 17 There are times when there are 18 certain actions that the defense may take that, 19 as Senator Saland said, require a preponderance 20 of the evidence and have to be overlaid by a 21 proof beyond reasonable doubt, but what I'm 22 saying is by the time the truth comes up in this 23 particular case, you have an individual who's 5840 1 already been indicted; they have already been 2 arraigned; they have already been put on trial; 3 they have already in many respects been 4 humiliated in our criminal justice system. 5 What we have a chance to do today 6 -- and we are lawmakers and we would want to 7 make the best possible laws. We don't want to 8 leave a burden on an innocent party where we can 9 correct it in law. What we would like to do 10 today in this amendment is to establish that the 11 individual knew; in other words, there are some 12 very clear cases of child pornography. It is 13 really a loathesome and despicable kind of 14 action that is pervading our society in many 15 ways, and I would not like to diminish it in any 16 respect by creating any kind of confusion with 17 the regular situation that adults engage in 18 watching these sexual performances and which we 19 have not made illegal. 20 Now, if we want to make them 21 illegal or we don't like them, that's our 22 choice, but while we have a law as it stands 23 today, I don't think that the law should be 5841 1 ambiguous. This would make the law clear. We 2 don't need to establish an affirmative defense 3 where we have a better way, and I'm suggesting 4 that if we incorporate this amendment into 5 Senator Johnson's bill -- it's a good bill. I'm 6 going to vote for it anyway, but I would like 7 for it to have served our society in the best 8 way that it can. 9 ACTING PRESIDENT KUHL: Senator 10 Johnson. 11 SENATOR JOHNSON: Mr. President, 12 I certainly don't want to debate this proposed 13 amendment, but suffice it to say that this 14 amendment would make the bill unenforceable and 15 no one would be convicted. In fact, this bill 16 makes it a misdemeanor, which means it will have 17 no practical impact on possession of child 18 pornography. This can be not be permitted. 19 I would like to say that 75 20 percent of the Senators here voted for this bill 21 the last time, 83 sponsors in the other house, 22 more than enough to pass the bill in the other 23 house if it got on the floor. The people want 5842 1 and need this bill and this amendment should be 2 rejected, and I move that be done. 3 ACTING PRESIDENT KUHL: The 4 question is on the amendment. All those who are 5 in favor of the amendment signify by saying 6 aye. 7 (Response of "Aye".) 8 Those opposed, nay. 9 (Response of "Nay".) 10 The amendment fails. 11 The Secretary will read the last 12 section on the bill. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 1st day of 15 November. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT KUHL: Announce 20 the results when tabulated. 21 THE SECRETARY: Those recorded in 22 the negative are Senators Smith and Waldon. 23 Ayes 56, nays 2. 5843 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 The Secretary will continue to 4 call the controversial calendar. 5 THE SECRETARY: Calendar Number 6 453, by Senator Levy, Senate Print 359, an act 7 to amend the Vehicle and Traffic Law, in 8 relation to criminal history checks on school 9 bus attendants. 10 SENATOR LARKIN: Lay it aside 11 temporarily. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside temporarily. 14 THE SECRETARY: Calendar Number 15 562, by Senator Larkin, Senate Print 3652, an 16 act to amend the General Municipal Law, in 17 relation to the operation of games of chance by 18 authorized games of chance lessors. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: Mr. President, 22 Senator Gold laid this bill aside, and I think 23 he's in the Rules Committee meeting. Can we 5844 1 hold it for just a few minutes? 2 ACTING PRESIDENT KUHL: The 3 Acting Majority Leader indicates yes. The bill 4 will be laid aside temporarily. 5 THE SECRETARY: Calendar Number 6 603, by Senator Leibell, Senate Print 3343, an 7 act to amend the Real Property Tax Law, in 8 relation to the exemption of certain private 9 dwellings and improvements within cities having 10 a population of less than one million from local 11 taxation. 12 ACTING PRESIDENT KUHL: Senator 13 Paterson. 14 SENATOR PATERSON: Mr. President, 15 Senator Leichter laid this bill aside. I 16 believe he's also at the Rules Committee, so I 17 figure under equal protection, we would give him 18 a few moments as well. 19 ACTING PRESIDENT KUHL: Never 20 assume anything, Senator Paterson, but the 21 Acting Majority Leader submits to your request. 22 The bill will be laid aside temporarily. 23 SENATOR LARKIN: Lay it aside 5845 1 temporarily. 2 THE SECRETARY: Calendar Number 3 625, by Senator Marchi, Senate Print 3367, an 4 act to amend the real -- an act to repeal 5 Section 630 of the Business Corporation Law, 6 relating to the liability of shareholders for 7 wages due to laborers. 8 SENATOR PATERSON: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Paterson. 11 SENATOR PATERSON: Mr. President, 12 even prior to the explanation on the substance 13 of the bill, I just have a question about the 14 nature of the bill, because if this is S.4... 15 S.3367, we, earlier in the session in March, 16 passed Calendar 384 which I thought was the same 17 bill -- I'm sorry -- Calendar Number 174, which 18 I believe was the same bill, and I just wanted 19 to try to understand why that's the case. 20 ACTING PRESIDENT KUHL: Senator 21 Marchi, an explanation of the bill was asked for 22 when the non-controversial calendar was read, by 23 Senator Dollinger. Senator Paterson certainly 5846 1 has raised a question which you would perhaps 2 like to address at this time. Maybe you would 3 like to address both of those at one time. 4 So, Senator Marchi, I'll 5 recognize you at this point for an explanation 6 and in response to the question posed by Senator 7 Paterson. 8 SENATOR MARCHI: Well, in this 9 bill, Mr. President, there are about 680 -- the 10 number of corporations that are put together 11 over the year, we have about 47 or 48 in the 12 state of New York. The provision that we have, 13 of course, takes the first ten shareholders and 14 the highest ten shareholders and makes them - 15 can make them personally liable under -- for 16 wages due to laborers, so it's not a bad -- it's 17 not a bad provision. 18 The only problem is that the vast 19 majority, I think out of 8,000 incorporations, 20 they all go out of state and over half of them 21 are in the state of Delaware; they're in other 22 jurisdictions. The result is there are no 23 corporations being incorporated in the state of 5847 1 New York, and this bill -- and the law that - 2 the law that prevails in the incorporated - 3 incorporations in other states does not present 4 -- does not -- does not coincide with the 5 thrust of this law. 6 On the other hand, there is no 7 relief. It just -- the net effect of it is that 8 all but a few incorporations in the state of New 9 York take place in other jurisdictions where 10 this exculpation does not take place. I believe 11 that in the long run that being -- having a more 12 intimate role in the formulation of corporations 13 would probably inure to the benefit even to 14 those who are sought to be served by a point of 15 view that I'm sure you reflect and I have to say 16 I share myself, but under the present arrange 17 ment, we are -- we are excluded completely from 18 -- from this process, and all the incorpora 19 tions are not taking place in the state of New 20 York, they're going elsewhere, and they should 21 be taking place here. 22 I feel that it would augur well 23 and perhaps lead to some developments that would 5848 1 meet both of our objectives. I sense what 2 you're saying, and I can't really disagree with 3 it on the merits, but on the other hand, I don't 4 think that it's a good arrangement at the 5 present time. 6 ACTING PRESIDENT KUHL: The Chair 7 recognizes Senator Paterson. 8 SENATOR PATERSON: Actually, 9 Senator -- Mr. President, to Senator Marchi, I 10 just wanted to understand. I guess what I 11 conclude from that is that Calendar 174 was more 12 of an omnibus bill that repeals several sections 13 of the law, and the bill that is before us right 14 now, Calendar 625, is -- deals with this one 15 section of the law, and so I would assume that 16 whichever one would prevail first, should we 17 pass it into law, would then be the enacted 18 law. That's all I was trying to clear up. 19 By the way, Senator Marchi, there 20 are four shopping days 'til my birthday, I'd 21 like you to know that. 22 ACTING PRESIDENT KUHL: Senator 23 Dollinger. 5849 1 SENATOR DOLLINGER: Mr. 2 President, I rise just to speak against this 3 bill. 4 ACTING PRESIDENT KUHL: Senator 5 Dollinger, on the bill. 6 SENATOR DOLLINGER: This bill, as 7 I understand it, Senator Marchi, says that if 8 you're a small corporation, it doesn't apply to 9 -- that section of the law does not apply 10 currently to major corporations that have their 11 -- I'm not sure what the numbers are, but in 12 excess of 50,000 or something of that nature, 13 but what this bill says, if you work for a small 14 corporation and you're an employee and you work 15 for that corporation -- and in many cases you're 16 dealing with just the boss. You've got a 17 corporate entity, but you deal with the boss 18 who's the major shareholder, and the boss says, 19 "We got to go to work this week" and "We got to 20 go to work next week and, don't worry, I'll pay 21 you. I'll pay you with your paycheck. Your 22 paycheck will come at the end of the two-week 23 period." What happens is they don't get the 5850 1 paycheck. The employee goes in to the employer 2 and says, "You owe me weeks' worth of pay." The 3 employer then says, "Well, I've decided to go 4 bankrupt. We're not going to pay you and, oh, 5 by the way, there's no personal liability 6 against me. You can sue the corporation as an 7 unsecured creditor and you can stand in line 8 behind all the people who filed liens, all the 9 people who have filed claims against the 10 corporation, have judgments against the 11 corporation, you, Mr. Employee, you can stand 12 behind all those other creditors." It seems to 13 me that that's not fair. 14 What we have done in this state 15 much to our credit over the course of the last 16 50 years is we have said that if you're working 17 and you deserve to be paid wages, we're going to 18 give you every possible tool to collect those 19 wages, including we are going to make the 20 shareholders of a small corporation personally 21 liable when those wages are not paid. 22 It's a tremendous incentive for 23 the corporation to put the employee, the person 5851 1 who puts their labor into the fields or into the 2 benefit of a corporation, that the employee 3 makes sure that they're going to get paid. 4 I don't like the trend of this 5 legislation. I don't like being -- telling our 6 employees that if you work for a small corpora 7 tion and they go bankrupt, guess what, you get 8 nothing. We can tell that to creditors. We can 9 tell that to other judgment creditors against 10 small corporations, but I'm opposed to telling 11 it to people that work for small businesses in 12 this state. I think this is the wrong idea. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT KUHL: Announce 21 the results when tabulated. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 625 are Senators 5852 1 Dollinger, Onorato and Stavisky. Ayes 55, nays 2 3. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 652, by Senator Saland, Senate Print 2336, an 7 act to amend the Executive Law and the Education 8 Law, in relation to providing security informa 9 tion to prospective students. 10 SENATOR LARKIN: Lay it aside 11 temporarily. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside temporarily. 14 THE SECRETARY: Calendar Number 15 671, by Senator Skelos, Senate Print 408, an act 16 to amend the Correction Law and the County Law, 17 in relation to maintenance of prisoners. 18 SENATOR LARKIN: Lay it aside 19 temporarily. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside temporarily. 22 THE SECRETARY: Calendar Number 23 674, by Senator Skelos, Senate Print 1740, an 5853 1 act to amend the Executive Law and the Penal 2 Law. 3 SENATOR LARKIN: Lay it aside 4 temporarily. He's at the Finance meeting. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside temporarily. 7 THE SECRETARY: Calendar Number 8 678, by Senator Johnson, Senate Print 2355, an 9 act amend the Education Law, in relation to 10 requiring that the State University graduation 11 ceremonies including the Pledge of Allegiance 12 and the National Anthem. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson. 15 SENATOR PATERSON: Mr. President, 16 I don't know if some of those who are employed 17 here know, but we only instituted the reciting 18 of the National Anthem in 1988 in the winter, 19 and I think it actually puts us in a good frame 20 of mind every day when we come in here -- I'm 21 sorry, the Pledge of Allegiance. We recite the 22 Pledge of Allegiance, and that brings me to this 23 bill. 5854 1 I'd proudly support this bill 2 but, Mr. President, I don't know why we don't 3 sing the National Anthem here. I think we could 4 bring in entertainers from all over the country 5 to lead us in singing the National Anthem, and 6 in the absence of entertainers, as in the 7 absence of clergy, you, Mr. President, could 8 sing the National Anthem. 9 ACTING PRESIDENT KUHL: I don't 10 think you would want that, Senator. 11 The Secretary will read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 57, nays 1, 19 Senator Connor recorded in the negative. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 SENATOR HOLLAND: Mr. President. 23 ACTING PRESIDENT KUHL: The Chair 5855 1 recognizes Senator Holland. Senator Holland, do 2 you have a motion in front of you? 3 SENATOR HOLLAND: I have two. 4 ACTING PRESIDENT KUHL: Ask the 5 Majority Leader to do housekeeping. 6 SENATOR LARKIN: Let's do a 7 little housekeeping, Mr. President. 8 ACTING PRESIDENT KUHL: Sounds 9 like a good idea. Senator Holland, you have 10 been given the room. 11 SENATOR HOLLAND: On page 24, I 12 offer the following amendments to Calendar 13 Number 581 for Senator Trunzo, Senate Print 14 Number 3755, and ask that the said bill retain 15 its place on the Third Reading Calendar. 16 ACTING PRESIDENT KUHL: The 17 amendments to Calendar Number 581 are received 18 and adopted. The bill will retain its place on 19 the Third Reading Calendar. 20 Senator Holland. 21 SENATOR HOLLAND: Also on page 22 59, I offer the following amendments to Calendar 23 Number 888, Senate Print Number 1470, and ask 5856 1 that said bill retain its place on the Third 2 Reading Calendar. 3 ACTING PRESIDENT KUHL: The 4 amendments to Calendar Number 888 are received 5 and adopted. The bill will retain its place on 6 the Third Reading Calendar. 7 Senator Holland. 8 SENATOR HOLLAND: On behalf of 9 Senator Libous, please place a sponsor's star on 10 Calendar Number 801 and 938. 11 ACTING PRESIDENT KUHL: Calendars 12 Number 801 and 938 will be starred at the 13 request of the sponsor. 14 Senator Waldon, why do you rise? 15 SENATOR WALDON: If I may, Mr. 16 President, I respectfully request unanimous 17 consent in regard to Calendar Number 678 to be 18 recorded in the negative and to make one 19 statement in that regard regarding my vote. 20 I think that - 21 ACTING PRESIDENT KUHL: Senator 22 Waldon, that is not really permissible at this 23 point. 5857 1 SENATOR WALDON: Okay, Mr. 2 President. I stand corrected. Please record me 3 in the negative. 4 ACTING PRESIDENT KUHL: Okay. 5 Without objection, and hearing no objection, 6 Senator Waldon will be recorded in the negative 7 on Calendar Number 678. 8 The Chair recognizes Senator 9 Johnson. 10 SENATOR JOHNSON: Mr. President, 11 I would like to call up my Calendar Number 602 12 which already passed and reconsider the vote. 13 ACTING PRESIDENT KUHL: Senator 14 Johnson, you're talking about Calendar Number 15 602, Senator Maltese's bill? 16 SENATOR JOHNSON: That's correct. 17 ACTING PRESIDENT KUHL: Senator 18 Johnson, I'm informed that that bill has left 19 the house, so we can no longer reconsider it at 20 this time. 21 SENATOR JOHNSON: Well, I'll just 22 have to let it go, Mr. President. 23 ACTING PRESIDENT KUHL: Senator 5858 1 Maziarz, why do you rise? 2 SENATOR MAZIARZ: Mr. President, 3 my apologies. I would like to, with your 4 permission and the permission of the Senate, be 5 recorded in the negative on Calendar Number 703. 6 ACTING PRESIDENT KUHL: Without 7 objection, and hearing no objection, Senator 8 Maziarz will be recorded in the negative on 9 Calendar 703. 10 SENATOR MAZIARZ: Thank you. 11 ACTING PRESIDENT KUHL: The Chair 12 recognizes Senator Larkin. 13 SENATOR LARKIN: Mr. President, 14 may we return to reports of standing committees? 15 I believe there's a report from the Rules 16 Committee at the desk. 17 ACTING PRESIDENT KUHL: Senator 18 Larkin, I'm informed by the Secretary that there 19 is a report of the Rules Committee at the desk, 20 so we will return to the reports of standing 21 committees at your request. 22 I'll ask the Secretary to read. 23 THE SECRETARY: Senator Bruno, 5859 1 from the Committee on Rules, reports the 2 following bill directly to third reading: 3 By the Committee on Rules, 4 Assembly Print 7373-A, an act to amend Chapter 5 729 of the Laws of 1994, relating to effecting 6 the health insurance benefits and contributions 7 of retired employees. 8 ACTING PRESIDENT KUHL: Senator 9 Larkin. 10 SENATOR LARKIN: I move we adopt 11 the report of the Rules Committee, Mr. 12 President. 13 ACTING PRESIDENT KUHL: The 14 motion is to adopt the report of the Rules 15 Committee. All those in favor signify by saying 16 aye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 The Rules report is adopted. 21 Senator Larkin. 22 SENATOR LARKIN: Mr. President, 23 may we take up Calendar 1000, Assembly Bill 5860 1 7373-A, health insurance benefit extenders for 2 retirees. 3 ACTING PRESIDENT KUHL: Senator 4 Larkin, so that you know, the bill is being 5 distributed to the members at this moment. May 6 we wait just a minute before I have the 7 Secretary read the title until it is distributed 8 to all of the members? 9 SENATOR LARKIN: Thank you, Mr. 10 President. 11 ACTING PRESIDENT KUHL: I believe 12 all bills have been distributed to all the 13 members at this time, so the Secretary will read 14 the title. 15 THE SECRETARY: Calendar Number 16 1000, by the Assembly Committee on Rules, 17 Assembly Print 7373-A, an act to amend Chapter 18 729 of the Laws of 1994, relating to effecting 19 the health insurance benefits and contributions 20 of retired employees. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. This 5861 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 58. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Senator Larkin. 9 SENATOR LARKIN: Mr. President, I 10 suggest we stand at ease for a few minutes. The 11 Finance Committee has not finished its business, 12 so let's just stand at ease. 13 ACTING PRESIDENT KUHL: The 14 Senate will stand at ease for a short period of 15 time. 16 (Whereupon, the Senate stood at 17 ease from 11:51 a.m. until 12:06 p.m.) 18 ACTING PRESIDENT KUHL: The 19 Senate will come to order. 20 SENATOR SKELOS: Would you please 21 call up Calendar 674? 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the title on Calendar Number 5862 1 674. 2 THE SECRETARY: On page 33, 3 Calendar Number 674, by Senator Skelos, Senate 4 Print 1740, an act to amend the Executive Law 5 and the Penal Law, in relation to payment of a 6 fee by persons sentenced to probation. 7 ACTING PRESIDENT KUHL: Senator 8 Abate. 9 SENATOR ABATE: Yes. Is there an 10 an amendment at the desk? 11 ACTING PRESIDENT KUHL: There is, 12 Senator Abate. 13 SENATOR ABATE: I'd like to waive 14 the reading of that amendment, and I'd ask for 15 an opportunity to explain the amendment. 16 ACTING PRESIDENT KUHL: The 17 reading of the amendment proposed by Senator 18 Abate is waived and the opportunity to explain 19 it is provided to you at this moment. 20 SENATOR ABATE: Thank you very 21 much, Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Abate. 5863 1 SENATOR ABATE: My amendment 2 allows for a county or the New York City to have 3 the option through local law to put this 4 legislation in operation. 5 Right now, as the legislation is 6 drafted, it's mandatory for all counties, and 7 the reason that I'm seeking this change -- and 8 I go back to the days when I was the Commission 9 er of Probation in New York City and I met with 10 all the probation departments throughout the 11 state -- we had lengthy discussions over the 12 last four years around this piece of legisla 13 tion, and there is an organization called COPA 14 which is made up of all the probation 15 administrators throughout the state, made up of 16 the administrators from rural counties, from 17 large cities, from all the counties throughout 18 the state, and there was a consensus that this 19 bill in spirit was very good, that many 20 counties, particularly counties like Nassau 21 County, could utilize this legislation to 22 produce additional revenue, but there were other 23 counties that felt that this legislation would 5864 1 put an undue burden on them, and that the cost 2 of collecting these revenues would exceed any 3 revenues that they might be able to produce 4 through the probationers. 5 So my amendment would not 6 eviscerate this legislation. It would just 7 allow the localities, through local option, to 8 legislate, if they felt that this would be 9 something that was beneficial to this county, 10 and the reason the -- a number of the probation 11 departments find this troublesome -- and I can 12 speak to New York City because I know that 13 department the best -- there are now 75,000 14 people on probation. 77 percent of them are 15 felons, so we're not talking about individuals 16 who have been arrested for drunk driving and 17 property crimes, individuals that are currently 18 employed or have an employment record. Many of 19 these individuals are indigent and do not have 20 money but, if this bill were passed, every 21 probation department would have to expend 22 limited resources doing a financial analysis for 23 77,000 probationers. Money would have to be put 5865 1 in place to allow a reporting system for the 2 court. The court would then have to put in 3 place more judges to hear probation violators, 4 and probation departments are saying they're 5 having a hard time now getting money from 6 probationers for restitution, for mandatory 7 surcharges and other fees that need to be 8 collected. 9 So, on balance, I think we should 10 let it be done by local rule. Those probation 11 departments that are barely surviving that need 12 every resource possible to supervise violent 13 offenders, those resources should not be 14 depleted. We want those resources on the street 15 to protect the general public to make sure the 16 violent offenders that are on probation are 17 supervised adequately, and many probation 18 departments do not have sufficient resources to 19 prepare their investigation reports to the 20 court, and again, they would have to take those 21 needed resources to try to collect these fees. 22 So I say let it be local option. 23 I think it's a wonderful idea, Senator Skelos, 5866 1 for those counties that want it. It's an 2 opportunity for them to produce additional 3 revenue. For the counties that don't have the 4 resource do it, let them figure out other 5 innovative ways. 6 A number of the counties want to 7 come back and meet with you, Senator Skelos - 8 I've talked with them -- to look at how next 9 year, if this was changed to local option, how 10 they could opt in, in a more creative and less 11 burdensome way. 12 So I'd ask this body to seriously 13 consider this amendment. There's a way then to 14 move forward on your initiative, Senator, but - 15 and in some ways it could serve as an experiment 16 statewide; we could look at the results of this 17 and then take the next step, if necessary, the 18 following year. 19 ACTING PRESIDENT KUHL: Senator 20 Jones on the amendment. 21 SENATOR JONES: Yes, on the 22 amendment. 23 I would just like to add that I 5867 1 commend Senator Skelos because this year -- I 2 know we put on probation fees last year but we 3 didn't give them any mechanism to do anything 4 about it, and I know from talking to my own 5 probation people, what was happening was many of 6 them, because it didn't come from the court, 7 their sentence would be up and there was no way 8 to collect. So I see you've fixed that now so 9 that it is a condition of the sentencing, but I 10 will have to say that from my own director of 11 probation in my county, he did indicate the same 12 thing that Senator Abate just said, that they 13 thought they had an agreement where it would be 14 subject to local option and would not be 15 mandatory on every county, that it would be left 16 to the local government. 17 So I am supportive of the 18 amendment. I am certainly supportive of the 19 concept of making them pay and do whatever we 20 can to not only lessen the cost for our 21 community but, you know, to do something that I 22 believe is right for people who have broken the 23 law but, you know, I would also agree that I 5868 1 wish we could have made it local option as 2 opposed to mandatory for everybody. 3 ACTING PRESIDENT KUHL: The 4 question is on the amendment. All those in 5 favor of the amendment signify by saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (Response of "Nay".) 9 The amendment, in a close vote, 10 failed. 11 SENATOR ONORATO: Mr. President, 12 did you hear me say "aye"? 13 ACTING PRESIDENT KUHL: I heard 14 you say it twice, I thought, Senator Onorato, 15 but again, I'm in need of signing up for that 16 hearing exam at the nurse's office. 17 The Secretary will read the last 18 section on the bill. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 1st day of 21 November. 22 ACTING PRESIDENT KUHL: Senator 23 Waldon. 5869 1 SENATOR WALDON: Mr. President - 2 if I may, Mr. President, I would just like to 3 ask a question or two of the sponsor. 4 ACTING PRESIDENT KUHL: Senator 5 Skelos, do you yield to a question from Senator 6 Waldon? 7 SENATOR SKELOS: Yes, Senator. 8 ACTING PRESIDENT KUHL: The 9 Senator yields, Senator Waldon. 10 SENATOR WALDON: Thank you, Mr. 11 President. Thank you, Senator Skelos. 12 Senator, would you please refresh 13 my recollection about the mechanism for collect 14 ing these monies and who is the decision-maker 15 as to whether or not someone can afford to pay? 16 SENATOR SKELOS: At the time of 17 sentencing, as you know, the Probation Depart 18 ment will make a recommendation to the sentenc 19 ing judge as to what they feel would be approp 20 riate probation for the criminal. At that time, 21 they would make a recommendation to the 22 sentencing judge. The defendant would have his 23 attorney -- his or her attorney present and - 5870 1 to discuss with the judge at the time of 2 probation whether, in fact, they can or are able 3 to reimburse the county for the cost of 4 probation. So this would be a condition of 5 probation. 6 SENATOR WALDON: Mr. President. 7 ACTING PRESIDENT KUHL: Senator 8 Skelos, do you continue to yield? The Senator 9 continues to yield. 10 SENATOR WALDON: Thank you, Mr. 11 President. 12 Senator, I'm not clear, though, 13 as to the decision on the amount that the person 14 on probation would be required to pay. Is that 15 going to be the purview of the probation officer 16 or will there be a separate mechanism created, 17 because becoming a probation officer requires 18 certain skills and certain education, none of 19 which is necessarily indicative that the person 20 will be a good financial planner in regard to 21 this situation. 22 SENATOR SKELOS: It would be 23 determined by the sentencing judge. The judge 5871 1 at that time would take into account the 2 financial resources, assets of the individual, 3 the health, the age and any other relevant 4 factor in making a determination as to whether 5 this person is indigent or non-indigent and 6 could afford to reimburse the county or the city 7 for the cost of probation supervision. 8 SENATOR WALDON: Thank you very 9 much, Senator. 10 Thank you, Mr. President. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT KUHL: Announce 16 the results when tabulated. 17 Senator Volker to explain his 18 vote. 19 SENATOR VOLKER: Just to explain 20 my vote quickly. 21 The real reason for this 22 legislation and the problem is the city of New 23 York. 5872 1 The city of New York absolutely 2 refuses to -- the judges in the City, to even 3 consider attempting to collect fees such as 4 this, even though there is a considerable per 5 centage, and I admit it's not a high percentage, 6 but a considerable percentage of defendants who 7 would be able to cover the cost, but the City 8 has taken the attitude over the years and, very 9 honestly, there has been some consideration, and 10 I think one of the reasons why some of the 11 probation directors are worried that we might do 12 it, and that is to put some sort of restrictions 13 on it, that is if they don't collect it, to put 14 some sort of a penalty added. 15 One of the suggestions a couple 16 of years ago was to set some sort of minimum 17 where you could -- to say that whatever you 18 collected would come out of -- would come out of 19 the appropriation that you get. I think the 20 truth is that that's the real fear of some of 21 the probation directors. Frankly, with the new 22 governor, that's not likely to happen, and 23 certainly this Senate, I think, wouldn't support 5873 1 that. 2 I think the problem is that the 3 City in particular is going to have to join the 4 rest of the state in attempting to deal with the 5 problems of criminal justice and with the 6 extreme costs. 7 ACTING PRESIDENT KUHL: Senator 8 Volker, how do you vote? 9 SENATOR VOLKER: I vote in the 10 affirmative. 11 ACTING PRESIDENT KUHL: Senator 12 Volker will be recorded in the affirmative. 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar 674 are Senators Abate, 16 Connor, Markowitz, Paterson and Waldon. Ayes 17 53, nays 5. Also, Senator Smith. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 SENATOR SKELOS: Mr. President, 21 could you call up Calendar Number 671, please? 22 ACTING PRESIDENT KUHL: The 23 Secretary will read Calendar Number 671. 5874 1 THE SECRETARY: On page 32, 2 Calendar Number 671, by Senator Skelos, Senate 3 Print 408, an act to amend the Correction Law 4 and the County law, in relation to maintenance 5 of prisoners in county jail facilities. 6 SENATOR PATERSON: Explanation. 7 ACTING PRESIDENT KUHL: Senator 8 Skelos, an explanation has been asked for by 9 Senator Paterson. 10 SENATOR SKELOS: Senator 11 Paterson, this bill amends the Correction Law 12 and the County Law to provide that a prisoner 13 who had been found non-indigent shall be 14 required to reimburse a county or city jail 15 certain expenses incurred during his or her term 16 of imprisonment. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson. 19 SENATOR PATERSON: Mr. President, 20 I know sometimes you'll read cases about the 21 detention of Klaus Von Bulow or some music 22 artist that has great personal attributes and 23 probably could pay for their care during the 5875 1 time that they're incarcerated, but I think that 2 what would happen with this bill is it would 3 create such a dilemma for all the different 4 counties. 5 We haven't really issued a -- an 6 overriding resolution for how each county should 7 deal with this. I think, as Senator Abate 8 pointed out before, it would create more of a 9 problem for facilities than it would actually 10 cure, but if Senator Skelos would yield for a 11 question. 12 ACTING PRESIDENT KUHL: Senator 13 Skelos, do you yield to a question? 14 SENATOR SKELOS: Yes. 15 ACTING PRESIDENT KUHL: The 16 Senator yields, Senator Paterson. 17 SENATOR PATERSON: Senator, I'm 18 just a little concerned about the individuals 19 who are not convicted. I know that we're 20 talking about city and county jails and it would 21 cover those who are convicted maybe up to one 22 year or something like that, but let's just take 23 those individuals who are not convicted. Don't 5876 1 you think that this legislation, by passing it, 2 would kind of open the door for the fact that, 3 since we're going to charge them for their 4 health care while we have detained them, those 5 who are awaiting trial, for those who are found 6 not guilty, do you think they would then have a 7 right to come back and, in a sense, ask us for 8 whatever it was that they were denied while they 9 were being incarcerated? 10 SENATOR SKELOS: Well, it's the 11 intent of this legislation that it would apply 12 to a prisoner who's been convicted and released 13 from jail. Then the county or the city would 14 have the option of petitioning the court to get 15 reimbursement from a non-indigent prisoner for 16 the cost of incarceration. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson. 19 SENATOR PATERSON: So, then, 20 Senator, it does not cover those who are not 21 convicted. 22 SENATOR SKELOS: The person would 23 have had to have been sentenced to jail. 5877 1 Let me assure you, Senator 2 Paterson and Senator Abate, that with the two 3 pieces of legislation, if the -- if the Assembly 4 will get serious about the concepts that these 5 two bills represent, then we will certainly 6 enter into a discussion with suggestions that 7 Senator Abate had with her amendment and 8 certainly any concerns that you have. 9 SENATOR PATERSON: Mr. President, 10 I heard what Senator Skelos said, and I don't 11 need to see the nurse. I heard it very clearly. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 7. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes - 20 ACTING PRESIDENT KUHL: Announce 21 the results when tabulated. 22 THE SECRETARY: Ayes 57, nays 1, 23 Senator Leichter recorded in the negative. 5878 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 SENATOR GOLD: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Gold, why do you rise? 6 SENATOR GOLD: Yeah. While I was 7 at Finance, there were some bills called, and I 8 would like unanimous consent to be recorded in 9 the negative on Calendar 234, 674 and 678. 10 ACTING PRESIDENT KUHL: 670... 11 what was the last one, Senator Gold? 12 SENATOR GOLD: 678. 13 Thank you very much. 14 SENATOR LEICHTER: Mr. President. 15 ACTING PRESIDENT KUHL: Without 16 objection, and hearing no objection, Senator 17 Gold will be recorded in the negative on 18 Calendar Number 234, 674 and 678. 19 Senator Leichter, why do you 20 rise? 21 SENATOR LEICHTER: Yes, Mr. 22 President. I was also in Finance, and I would 23 like to ask unanimous consent to be recorded in 5879 1 the negative on Calendar 234 and Calendar 678. 2 ACTING PRESIDENT KUHL: Without 3 objection. Hearing no objection, Senator 4 Leichter will be recorded in the negative on 5 Calendar Number 234 and Calendar Number 678. 6 SENATOR MARKOWITZ: Mr. 7 President. 8 ACTING PRESIDENT KUHL: Senator 9 Markowitz. 10 SENATOR MARKOWITZ: Calendar 11 Number 671, please record me in the negative. 12 ACTING PRESIDENT KUHL: Without 13 objection. 14 SENATOR MARKOWITZ: Thank you. 15 ACTING PRESIDENT KUHL: Hearing 16 no objection, Senator Markowitz will be recorded 17 in the negative on Calendar Number 671. 18 SENATOR SKELOS: Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Skelos. 21 SENATOR SKELOS: Would you please 22 call up Calendar Number 603, Senate 3343, by 23 Senator Leibell. 5880 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the title of Calendar Number 3 603. 4 THE SECRETARY: On page 26, 5 Calendar Number 603, by Senator Leibell, Senate 6 Print 3343, an act to amend the Real Property 7 Tax Law, in relation to the exemption of certain 8 private dwellings and improvements within cities 9 having a population of less than one million 10 from local taxation. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the 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 58. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Senator Leichter, why do you 22 rise? 23 SENATOR LEICHTER: Mr. President, 5881 1 with your indulgence, I apparently, coming back 2 into session from Finance, voted against a bill 3 because I thought it was another bill. So could 4 the record please reflect that I am in favor or 5 I should be voted in the affirmative on 671 and 6 ask unanimous consent to be in the negative on 7 Calendar 674? 8 ACTING PRESIDENT KUHL: Without 9 objection, Senator Leichter, you will be 10 recorded in the affirmative on Calendar Number 11 671 and in the negative on Calendar Number 674. 12 The Chair recognizes Senator 13 Mendez. 14 SENATOR MENDEZ: Mr. President, I 15 was in the Finance Committee, and I would like 16 to be reported in the negative on bill Calendar 17 Number 671. 18 Thank you. 19 ACTING PRESIDENT KUHL: Without 20 objection, and hearing no objection, Senator 21 Mendez is recorded in the negative on Calendar 22 Number 671. 23 ACTING PRESIDENT KUHL: The Chair 5882 1 recognizes Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 if we could return to reports of standing 4 committees, I believe there's a report from the 5 Finance Committee at the desk. 6 ACTING PRESIDENT KUHL: You're 7 correct, Senator Skelos, there is a report of 8 the Finance Committee at the desk. We'll return 9 to the reports of standing committees, and I'll 10 ask the Secretary to read the report of the 11 Finance Committee. 12 THE SECRETARY: Senator Stafford, 13 from the Committee on Finance, reports the 14 following nomination: E. Virgil Conway of 15 Bronxville, Chairman of the Metropolitan 16 Transportation Authority. 17 ACTING PRESIDENT KUHL: Senator 18 Skelos. 19 SENATOR STAFFORD: Thank you, Mr. 20 President, Senator Skelos. 21 I'm sure some will say here, 22 after I speak very briefly today, that it seems 23 as though I'm always saying this; but when it's 5883 1 true, I think it should be said. The Governor 2 has sent up here tremendous individuals. He has 3 nominated people who really will get the job 4 done, and I will say here again today, we again 5 have as good a nominee presented to us since I 6 have been here in the Legislature, and that 7 includes 30 years. 8 If you are a cum laude graduate, 9 Phi Beta Kappa, valedictorian of your class, CEO 10 of a major corporation, involved in all the 11 community interests that Virgil Conway has been 12 involved in, it shows the type of individual you 13 are. We're all going to be better in this state 14 with him being chairman of the MTA because he is 15 going to get the job done, the job that affects 16 all the people in this state, and I certainly am 17 proud to stand here today and support his 18 confirmation for a most important position. 19 SENATOR GOODMAN: Mr. President. 20 ACTING PRESIDENT KUHL: Chair 21 recognizes Senator Levy. 22 SENATOR LEVY: Thank you very 23 much, Mr. President. It's a genuine honor and 5884 1 privilege to rise to join with Senator Stafford 2 in moving the confirmation of the nomination of 3 E. Virgil Conway to be the chair of the 4 Metropolitan Transportation Authority. Virg' 5 Conway's career is the personification of the 6 realization of the American dream. 7 As Senator LaValle pointed out at 8 the Finance Committee meeting, Virg' Conway was 9 born in Southampton. He grew up in the hamlet 10 of Montauk. He attended elementary school in 11 the community of Montauk, graduated from East 12 Hampton High School, and he went to Colgate 13 University on a scholarship; and as Senator 14 Stafford pointed out, he was Phi Beta Kappa and 15 he graduated magna cum laude. His education was 16 interrupted by the Korean War, and he served as 17 a pilot in the Air Force during the Korean War. 18 He went back to law school after 19 the war, to Yale Law School. He went there on a 20 scholarship, on the G.I. Korean bill of rights, 21 and he worked his way through Yale Law School 22 and he was the editor of the Yale law journal, 23 the Law Review. 5885 1 He began his career in public 2 service working with Governor Nelson 3 Rockefeller. He worked his way up through the 4 chairs to be Deputy Superintendent of Banks and 5 that led him into a career in the banking 6 profession and ultimately to become the chair 7 and the CEO of Seamen's Bank. During Virg' 8 Conway's long career in the private sector, he 9 has always made the time for the longest and 10 widest spectrum of public service and community 11 service, including serving during the past three 12 years as a member of the board of the MTA. 13 Virgil Conway's nomination to be 14 chair of the MTA comes at the most critical 15 time, the critical point in the history of the 16 Authority. After quantum progress forward under 17 another private sector leader, Dick Ravitch, the 18 MTA today faces a shrinking financial base, 19 cutbacks by New York City, proposed cutbacks by 20 the federal government and limitations on state 21 government funding driven by our own deficit. 22 As someone who has known Virgil Conway, I have 23 complete, implicit faith in his ability in these 5886 1 troubled times to bring order and control, to 2 bring financial stability, financial restraint, 3 and at the same time to improve the service and 4 to continue the improvement of the Authority's 5 infrastructure. 6 Virgil Conway is an extraordin 7 arily experienced and successful leader. He is 8 the right person at the right time for this 9 Authority, and the Governor is to be commended 10 for this outstanding appointment. 11 Thank you very much, Mr. 12 President. 13 ACTING PRESIDENT KUHL: Thank 14 you, Senator Levy. 15 Chair recognizes Senator Spano on 16 the confirmation. 17 SENATOR SPANO: Thank you very 18 much, Mr. President. 19 You might think after listening 20 to Senator Stafford and Senator Levy that there 21 might not be much to add about the Governor's 22 nominee, but that is very far from the truth. 23 When you look at the resume, the 5887 1 qualifications, the background of Virgil Conway, 2 he is someone who is very uniquely qualified to 3 be the head of one of the largest transportation 4 systems in the world; and it is my pleasure to 5 stand up and to say that I recognize that Virgil 6 and his wife, Elaine, have been very strong, 7 committed residents of Westchester County. He 8 has served at the recommendation of the County 9 Executive of Westchester as a member of the 10 MTA. He knows the workings of that agency. He 11 knows the concerns of the people who use the 12 transportation system. He knows the background 13 in terms of his own background in the financial 14 services industry. That is a long and extensive 15 background. He has been involved in many, many 16 different charitable and philanthropic 17 organizations in our region and in this state. 18 It is my pleasure, Mr. President, 19 to stand and to join with my colleagues in very 20 strongly supporting the nomination of someone I 21 have known for a long time and who will do us 22 all real proud, the nomination of Virgil 23 Conway. 5888 1 Also, I'm glad to note that his 2 wife, Elaine, is here today, as well, who in her 3 own right is a professional and is serving this 4 state well, and I'm glad to see you both here 5 today. 6 Mr. President. I second the 7 nomination. 8 SENATOR GOODMAN: Mr. President. 9 ACTING PRESIDENT KUHL: Chair 10 recognizes Senator Goodman. 11 SENATOR GOODMAN: Mr. President. 12 I have had the pleasure and privilege of knowing 13 Virgil Conway for perhaps 30 to 40 years, and 14 I'm just delighted to see that he has made a 15 very important personal decision which continues 16 his public service. It's very unusual to find 17 someone of this background who is willing to 18 devote his time on a pro bono basis to a 19 sensitive and highly controversial position. 20 Make no bones about it, the MTA 21 is one of the -- chairmanship is one of the 22 toughest jobs in the State of New York, 23 involving, as it must, the clashing of interests 5889 1 of people, many of whom have legitimate claims 2 on both sides of an argument. We have long seen 3 the battle, for example -- a well-intended one, 4 no doubt, but a bitter one -- that occurs when 5 those who are outside the city of New York seek 6 to obtain funds which the city of New York may 7 think should more properly be directed to it; 8 and to intermediate in such conflicts requires 9 an individual made of stern stuff. 10 I'm happy to say that the 11 inference which we can readily draw from the 12 extraordinary experience of Mr. Conway is that 13 he will have the capacity to handle these types 14 of conflicts with skilled diplomacy and 15 fairness. 16 I think it's very unusual to find 17 a resume of this richness and diversity. Virgil 18 Conway was not only a major bank president but 19 he has been involved on the boards of a number 20 of major corporations, including a large 21 railroad. He has also had an extraordinary 22 record of community service as reflected in the 23 fact that he was Deputy Bank Superintendent in 5890 1 an earlier administration in New York State. 2 To sum it up succinctly, this is 3 a man of character, of dedication to the public 4 interest, and of real ability of a type that is 5 rarely found and available to government, and I 6 think we should congratulate Governor Pataki and 7 express deep gratitude to Virgil Conway for his 8 willingness to take on this thorny and very 9 complex assignment. 10 To the extent that he will be 11 suffering the pangs and arrows, he will be 12 mollified and consoled by his extraordinarily 13 capable wife, who is in the chamber today, as 14 was noted. She herself will be playing a 15 significant role in this current administration, 16 and I dare say that at night their pillow talk 17 will involve all of the problems that beset the 18 citizens of New York. They will have ample 19 opportunity to exchange views on these matters, 20 and the result will be benefits to the state 21 that have been hitherto unimaginable except when 22 unique couples are together and are both in high 23 public service. 5891 1 In all seriousness, Mr. 2 President, let me say we are very, very lucky to 3 have Virgil Conway available for this task, and 4 we're very deeply grateful to him for being 5 willing to take it on at no pay whatsoever. I 6 would point out that the previous salary 7 attaching to this job was $150,000 a year. Mr. 8 Conway has waived that salary and, instead, has 9 very advisedly, I think, taken the view that a 10 chairman should be in place but, as well, there 11 should be an operating officer attending to the 12 daily details; and that combination is one which 13 I'm convinced will serve the public in the best 14 possible way under these services. 15 Mr. Conway, I salute you and I 16 commend most highly you to the house for prompt 17 confirmation. 18 ACTING PRESIDENT KUHL: Chair 19 would recognize Senator Bruno on the 20 confirmation. 21 SENATOR BRUNO: If Senator Gold 22 is standing to speak, I would defer to Senator 23 Gold at this time. 5892 1 ACTING PRESIDENT KUHL: Senator 2 Gold, the Majority Leader defers to you relative 3 to the confirmation. 4 SENATOR GOLD: I would be 5 surprised except I have always said he is a 6 gracious gentleman, so it's no surprise. Thank 7 you. You're very kind, sir. 8 I would like to make a few 9 comments. First of all, I think the resume is 10 important because, in a vacuum, if you didn't 11 know anything about the gentleman, never met him 12 and read the resume, you would have to be 13 impressed and you would say Governor Pataki is 14 looking for people who ought to be in government 15 and he has made a major catch. 16 So I do congratulate Governor 17 Pataki. I think this is a wonderful appoint 18 ment, and he makes the entire state look good 19 with this appointment. 20 There were a couple of rumors 21 around that we have to dispel. One of them, 22 which we did dispel, is that he has not been 23 able to overcome his early involvement with 5893 1 Martin Oppenheimer on the Yale Law Review. He 2 has certainly done that and is doing great. 3 The other rumor which is of a 4 more serious nature, and I'm glad that we 5 discussed it at the Finance Committee, dealt 6 with an issue of a cut in services in the city 7 of New York and the subway system closing 8 stations early, and the nominee, I guess, went 9 out of his way to make sure that was corrected 10 in the press, which was very important to the 11 people in the city of New York, that he didn't 12 let that lay out there as a rumor; and this 13 morning at the Finance Committee meeting, he 14 confirmed the fact that he believes New York 15 City is a 24-hour city. He understands that our 16 subway and transit system is like the bloodline 17 of a human being and is very, very necessary for 18 the survival of the city. 19 I also appreciated his remarks 20 concerning a sensitivity to the funding inequit 21 ies, the state funding inequities as it applies 22 to the transit system. I understand with my 23 eyes wide open that we are confirming today a 5894 1 nominee of a Republican governor and that the 2 budget in this state will have the imprimatur of 3 a Republican governor, but still I think it's 4 important for the people of the city of New York 5 to know that the person who will chair the MTA 6 has at least some sensitivity to that inequity; 7 and maybe with the good help of people in the 8 other house, we can do something about it. 9 The last issue -- and I know that 10 to some extent it's a problem that transcends 11 the nominee -- is, it is disappointing that we 12 do confirm people with resumes not quite of the 13 quality of Mr. Conway but of good people and 14 then when the MTA holds its hearings we find out 15 that the attendance record is under 25 percent. 16 I would urge everybody who is a member of that 17 board -- we are confirming today someone of fine 18 credentials, someone who has a willingness to 19 work, and someone who wants to make a 20 difference. I hope the other members of the 21 board will use his energies as an example and 22 participate. Why? So that the intellect that 23 helped to build their resumes becomes useful to 5895 1 the people of this state. The resume does no 2 good if we are withheld from the talents of 3 those people. So I hope that, under the 4 leadership of a chairman who I think is going to 5 be terrific, I hope that his energy in some way 6 passes its way through so we get the full 7 advantages of the board. 8 Mr. President, it's a delight to 9 support this nomination. I know it's one that 10 we're all going to be very, very proud of. 11 ACTING PRESIDENT KUHL: Senator 12 Bruno. 13 SENATOR BRUNO: Mr. President, I 14 also want to add my congratulations to our 15 Governor for this very, very outstanding choice. 16 My congratulations to Virg' and to his wife, 17 Elaine, who has been a partner of his for an 18 awful lot of years. 19 I first met Virg' when I was on 20 staff, as you may recall, to Speaker Perry 21 Duryea, and my recollection -- and that was some 22 20-odd years ago -- was that whenever anything 23 was needed on behalf of the people of this 5896 1 state, the Speaker could reach out, we could 2 reach out, and Virg' Conway was there; and it 3 didn't make any difference whether it was New 4 York City, upstate, the Island, if there was a 5 need, he was trying to be helpful, most of the 6 time -- in fact, all the time that I'm aware of, 7 in a nonpaid voluntary way. Why? Because he is 8 committed to improving the quality of life for 9 people in New York. 10 I appreciate that, and I know the 11 people in this chamber appreciate that by your 12 comments. So I commend him for accepting this 13 great challenge that will be before him, and 14 again I commend the Governor on this outstanding 15 choice. We have a true public servant who is 16 willing to take on the task that is beyond the 17 comprehension of most people, but I'm totally 18 confident, Mr. President, my colleagues, that he 19 is up to the task, so I'm very pleased to stand 20 in his support in this chamber. 21 ACTING PRESIDENT KUHL: Senator 22 Farley on the confirmation. 23 SENATOR FARLEY: Thank you, Mr. 5897 1 President. 2 I guess if the Pataki 3 administration has accomplished anything, it is 4 the superb appointments that it has made, and 5 none is more outstanding than Virgil Conway. 6 For the 20 years that I have been 7 on the Banking Committee and as chairman, I am 8 very familiar with his work. Incidentally, he 9 chaired the transition team on banks and has 10 always been of service to this state. He's led 11 the thrift industry through some very, very 12 difficult times several years ago. 13 Virgil Conway is an outstanding 14 citizen. I guess all I can say, Virgil, is 15 thank you. Thank you for being willing to serve 16 your state. As a citizen and as a Senator, I'm 17 very, very grateful for your contribution. You 18 are an outstanding person who has given of 19 yourself, and I know that everybody in this 20 chamber appreciates what you are trying to do in 21 one of the more difficult jobs that exists in 22 this state. 23 We wish you well, and I thank you 5898 1 for serving. 2 ACTING PRESIDENT KUHL: Senator 3 Marchi on the confirmation. 4 SENATOR MARCHI: Mr. President, I 5 can only echo the sentiments that have been 6 expressed here and the highlights that have been 7 identified so well and unerringly with respect 8 to Virgil Conway. 9 In the late '60s, I remember our 10 committees, our committee structures here in the 11 Legislature. We had Roads, we had Railroads, we 12 had various components of transportation; and in 13 that period, we began to evolve a general 14 picture of the movement of people, the movement 15 of people creatively, and to compensate and to 16 complement the various elements that make up 17 transportation, the lifeline of any regional 18 area. Certainly this regional area, the premier 19 area in the world culturally, economically, 20 financially, it embraces so many different 21 disciplines; and to have a man of this 22 excellence at its service, a man who has held 23 responsible positions and has addressed them 5899 1 honestly and with integrity and with a clear 2 vision of what his mission was and now embracing 3 an even larger gamut of concerns because, 4 without it, basic economic reason, basic 5 economic and transportational needs, cultural 6 needs, all of these factors cannot be harmonized 7 in a way that lifts the spirits and give us a 8 hint of the better life that is available to 9 us. 10 Virgil Conway's assumption of 11 this responsibility attests to his ability and 12 is prologue, certainly, to a promise that holds 13 great expectation. Sensitive, unprepossessioned 14 -- there is no prepossession about him -- he is 15 an honest individual, knowing his own 16 limitations, but his capacity is so far expanded 17 that all of us look to the future with great 18 expectations. 19 God bless, Virgil. Thirty years, 20 and all of them you have been a most edifying 21 and wonderful example. 22 And, incidentally, you are 23 serving pro bono. You are being confirmed by a 5900 1 Senate that is also for the nonce serving pro 2 bono. 3 ACTING PRESIDENT KUHL: Senator 4 Oppenheimer, on the confirmation. 5 SENATOR OPPENHEIMER: Thank you, 6 Mr. President. That would have been very funny, 7 Senator Marchi, if it were not so painful. 8 Much has been said about Virgil 9 Conway, and it's wonderful to have a candidate 10 of this caliber before us. What wasn't 11 mentioned was the near perfect attendance that 12 Virgil Conway has had at all board and hearing 13 meetings of the MTA, and the value of his 14 financial background, having been the president 15 of Seamen's and having been involved in finance 16 and banking for so many years, is really going 17 to be a great strength and addition to the MTA, 18 and something that is desperately needed. 19 We have made great, great 20 progress in the commuter railroads and the 21 subway system with the enormous infusion of 22 capital funds that has been put into both 23 entities, and we know that they will now be 5901 1 maintained and continued to be upgraded because 2 of Virgil Conway's commitment. 3 I think I will end now because 4 most everything has been said. I want to 5 congratulate Virg'; and my husband, who 6 graduated with him from Yale Law School, also 7 congratulates him. 8 We wish you the very best, and we 9 will be there to support you at every turn. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Stavisky, our last speaker, 12 on the confirmation. 13 SENATOR STAVISKY: Mr. 14 President. Virgil Conway has been accessible 15 and candid in his response to questions. I 16 spent, for me, a very productive period 17 exchanging views with the designee on the 18 enormous responsibilities of chairing a 19 transportation system that covers the entire 20 metropolitan region and doing it fairly so that 21 it will not be a chairman whose sole mission is 22 the commuter railroads or the New York City 23 subway system or the buses or the roads but 5902 1 rather someone who has the ability to understand 2 the importance of each of these modes of 3 transportation to the economy and stability and 4 growth of New York State. 5 There were controversies with the 6 last MTA chairman, and I rose in this chamber to 7 express my concern about some very unwise 8 actions taken by Mr. Conway's predecessor. 9 Nevertheless, the previous chairman turned out 10 to be a constructive head of the MTA, and I'm 11 delighted that Mr. Conway does not have that 12 baggage, but I'm absolutely convinced that he 13 will be equally constructive and maybe even more 14 so because he understands that he holds in his 15 hands the level of support for all the systems. 16 Within the large city or within the suburb area 17 surrounding a large city, he has to be fair. 18 He has to be fair in 19 understanding that there are portions of the 20 state aid system and there are portions of the 21 apportionment of funds, especially the surplus 22 of the Triborough Bridge and Tunnel Authority, 23 that does not always reflect where the money 5903 1 comes from; and sometimes the MTA, even more so 2 than those of us here in the chamber, may be 3 able to make adjustments if we would not lock in 4 an inflexible and perhaps unfair formula into 5 state statute. 6 I'm concerned about what will 7 happen with transportation for school children 8 if the city of New York and the Mayor's office 9 do not provide the funds that are needed. I'm 10 concerned about the possibility and the 11 opportunity for passes between subway and bus 12 transportation for those riders who are subject 13 to two-fare zones. 14 I'm concerned, finally, with the 15 future of the MTA's capital improvement program. 16 The long-range capital plan must move ahead, and 17 it must be resubmitted for action over the next 18 five-year period. 19 All of these are enormous 20 responsibilities that you will bear. 21 I'm convinced that he will carry 22 these responsibilities with fairness and equity 23 and with good sense, and I support his 5904 1 nomination. 2 ACTING PRESIDENT KUHL: The 3 question is on the nomination of E. Virgil 4 Conway of Bronxville to become the chairman of 5 the Metropolitan Transportation Authority. All 6 those in favor of the confirmation signify by 7 saying aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The nominee is confirmed 12 unanimously. 13 Virgil, and your wife, Elaine, we 14 really appreciate your joining us today. We 15 wish you Godspeed, good luck, and we know that 16 you will do a very successful job at what you 17 are elected or what you are nominated here 18 today, confirmed to do. 19 Thank you for joining us. Good 20 luck. 21 (Applause.) 22 Senator Spano. 23 SENATOR SPANO: Can you please 5905 1 have the Secretary call Calendar 562. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the title of Calendar 562. 4 THE SECRETARY: On page 23, 5 Calendar Number 562, by Senator Larkin, Senate 6 Print 3652, an act to amend the General 7 Municipal Law, in relation to the operation of 8 games of chance by authorized games of chance 9 lessors. 10 SENATOR PATERSON: Explanation. 11 ACTING PRESIDENT KUHL: Senator 12 Larkin, an explanation on Calendar Number 562 13 has been asked for by Senator Paterson. 14 SENATOR LARKIN: Mr. President, 15 This bill would provide for nonprofit corpor 16 ations to host games of chance or Las Vegas 17 Nights at locations not owned by the 18 not-for-profit organization. This authorizes 19 games of chance to be conducted which are not 20 owned. For example, a fire company convention, 21 games of chance could be held at the hosting. 22 All profits are to go to the not-for-profit 23 organization. 5906 1 SENATOR GOLD: Mr. President. 2 ACTING PRESIDENT KUHL: Senator 3 Gold, Senator Padavan had risen. 4 Senator Padavan. 5 SENATOR PADAVAN: Thank you, Mr. 6 President. First, Senator Larkin and I did have 7 the opportunity of discussing this bill before, 8 and I related to him some of my concerns which I 9 would like to share with the members. I can 10 understand the motivation that the sponsor has 11 with respect to fire rescue companies seeking to 12 raise money for their services that they provide 13 in localities, particularly in rural areas 14 around the state, and if this bill were 15 restricted to such entities, my concerns would 16 not be what they are. However, the bill goes 17 far beyond that in terms of its impact. 18 The notion that churches, 19 temples, fraternal organizations, who now have 20 authorization to operate Las Vegas nights on 21 their premises a certain number of times a year 22 and under certain restrictions can now export 23 that activity to any commercial establishment, 5907 1 the main ballroom of a large hotel in New York 2 City or any other place that is able to 3 accommodate it, that enlarges the potential 4 which is not hypothetical or academic of the 5 kinds of problems such activities have already 6 experienced in urban centers such as the city of 7 New York; and so what we do is expand the venue 8 of the problems related to criminal elements, 9 problems of teenage gambling, problems of 10 illegal gambling that have already been 11 something we live with on a regular basis. 12 You may have read an article in 13 the New York Times a week ago about a house of 14 worship that ran Las Vegas nights which is now 15 taken over, infiltrated by others, operating 16 totally outside the law, illegally, 17 clandestinely, and that's just one article about 18 one circumstance which is a problem. But with 19 this legislation, that kind of problem has a 20 potential to go just beyond the point we want to 21 see it go to. 22 So I would urge the sponsor to 23 attempt to focus his legislation in response to 5908 1 his constituency groups that have problems that 2 could be addressed without causing the kinds of 3 things that we're faced with and will be faced 4 with in an enormous way should this bill become 5 law. 6 ACTING PRESIDENT KUHL: Chair 7 recognizes Senator Gold. 8 SENATOR GOLD: Thank you. 9 Will the sponsor yield to a 10 question? 11 ACTING PRESIDENT KUHL: Senator 12 Larkin, do you yield to Senator Gold? 13 SENATOR LARKIN: Yes, Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 yields. 17 SENATOR GOLD: Senator, I'm - 18 I'm trying to figure out. I see the amendments 19 -- the amendments basically take out some words 20 here and there. I'm trying to find the exact 21 portion which deals with having it done off the 22 premises. 23 SENATOR PADAVAN: Paragraph 13. 5909 1 SENATOR GOLD: 13? 2 SENATOR LARKIN: It just allows 3 them to hold it, Senator Gold, off the premises; 4 but the conduct of the game is by the person who 5 holds the license and they must operate the 6 game. 7 SENATOR GOLD: Senator, I 8 understand exactly. In other words, your memo 9 is very, very clear. I don't have a problem 10 with the memo. I'm trying to relate the memo 11 into the language of the bill; and while Senator 12 Padavan is very knowledgeable in this area, and 13 I appreciate it, I'm just trying to check it 14 myself. 15 Where is the specific language 16 that talks about holding this at a different 17 premises? 18 SENATOR LARKIN: I think if you 19 read on Section 13, Senator, I think that 20 encompasses it all right there. 21 SENATOR GOLD: All right. All 22 that you do in paragraph 13 is take out a 23 sentence. Am I correct? 5910 1 SENATOR LARKIN: Right. So we 2 left all of the other in there. 3 SENATOR GOLD: All right. 4 Senator, will you yield to a question? 5 ACTING PRESIDENT KUHL: Senator 6 continues to yield. 7 SENATOR GOLD: As Senator Padavan 8 pointed out, under the existing law, there are 9 problems; and there are places which in order to 10 make money for the charity have opened their 11 doors and there are people doing illegal things, 12 and your bill certainly does not condone illegal 13 conduct, and I'm sure you don't condone illegal 14 conduct; but, Senator, isn't it easier for the 15 illegal conduct to happen if we now not only 16 have the games at the particular premises -- in 17 other words, if you are dealing with a church or 18 synagogue or whatever, you know, you've got to 19 talk about having organized crime, or whatever 20 it is, coming into these places, and somebody 21 can get a little itchy. 22 Now, if you're talking about them 23 running the game and it's not even in the church 5911 1 or synagogue, it might be uncomfortable but not 2 quite as uncomfortable. Don't you think we're 3 making it a little easier for those groups that 4 might want to get into that to -- you know, make 5 it a little less inconvenient for them? 6 SENATOR LARKIN: Talking to 7 people who've asked me to consider this, 8 Senator, it was a clear indication that some of 9 our upstaters small volunteer ambulance, fire 10 companies, and that, that are nonprofits feel 11 that they needed some place because the 12 equipment that they are buying today and trying 13 to remove the burden on the taxpayers, because 14 all of the money that's raised at this event 15 goes to the person that holds the license, and 16 these licenses still have to be issued by the 17 Racing and Wagering Board. 18 We don't see that as a problem. 19 I mean I visit a lot of them in my district, and 20 the main complaint is adequate space. We need a 21 bigger place to hold it and, as I said before, 22 the cost of all of the equipment and everything 23 else and trying to hold it down. 5912 1 They don't seem to -- I did pose 2 the question that you have because when we 3 talked about this last year I refused to put it 4 in last year because I thought we needed to look 5 at it. I looked in my own district and 6 surrounding districts and talking to these 7 various not-for-profits, and they feel it's 8 their responsibility as the holder of the 9 license and there are inspectors that go around 10 to these facilities and would continue to go on 11 even if its held in a different location. 12 SENATOR GOLD: Will the Senator 13 yield to a question? 14 ACTING PRESIDENT KUHL: Senator 15 Larkin, do you yield to Senator Gold? 16 SENATOR LARKIN: Yes, sir. Yes, 17 Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 yields. 20 SENATOR GOLD: Senator, just so I 21 understand it. Let's say that the volunteer 22 fire department and this group and that group 23 got permission to do it and there was one place 5913 1 in town, a movie theater, an abandoned movie 2 theater, and somebody takes over the theater or 3 the area, catering hall, under the existing law 4 or the law as you amend it, could an individual 5 take it over and actually set it up as a Las 6 Vegas Night type of operation and then be 7 available if the volunteer fire department wants 8 to come in and use that and then maybe the next 9 week have it available for a church and the next 10 week have it available for a synagogue? 11 SENATOR LARKIN: There is a 12 restriction now on how often they can hold one 13 of these events. 14 SENATOR GOLD: No, I understand 15 that, but the restriction is on the church, 16 synagogue or volunteer fire department; is that 17 correct? 18 SENATOR LARKIN: Yes. 19 SENATOR GOLD: What I'm trying to 20 find out is, under your bill, can somebody set 21 up a place and then the church might come in 22 there on a Monday, and then the following Monday 23 it might be a volunteer fire department and the 5914 1 following Monday it might be a synagogue, and 2 the following Monday it might be a different 3 group, each group living within the law of their 4 own license and not doing it more times a year 5 than they are allowed but, in essence, having a 6 gambling hall that's open almost continuously? 7 Why under your bill would that not be a 8 possibility? 9 SENATOR LARKIN: Because of the 10 way the license is issued. The license would be 11 issued for using it at that specific location 12 for that specific group. 13 SENATOR GOLD: No-no, no-no. 14 But, Senator -- no, no, no, Senator. Senator, 15 let's go back a step. The way the law is now, 16 as I understand it -- and I'm certainly willing 17 to be educated if I'm saying something wrong. 18 Senator, if I'm saying something wrong, you tell 19 me. But as I understand the law today, if they 20 want to hold a Las Vegas Night at a church, 21 synagogue, or whatever, they can do it at their 22 premises. They can set it up, do it at their 23 premises and the license limits them the number 5915 1 of times a year they can do it. Is that 2 correct? 3 SENATOR LARKIN: Yes. 4 SENATOR GOLD: All right. If 5 your bill becomes a law, my understanding is 6 that they don't have to do it at their church or 7 synagogue but they can do it at XYZ Hall which 8 is a different location. Is that correct? 9 SENATOR LARKIN: Yes. 10 SENATOR GOLD: Now, they contact 11 XYZ Hall - 12 SENATOR LARKIN: Mr. President. 13 Senator Gold. But one part here is that they 14 still have to have the approval of the local 15 governing body to hold that. 16 SENATOR GOLD: Well, Senator, let 17 me ask you a question. When you say the 18 approval of the local governing body, is the 19 approval of the local governing body required 20 for each time they run the event? 21 SENATOR LARKIN: Yes, and also 22 for the establishment of the hall. 23 SENATOR GOLD: Where is that in 5916 1 your bill? 2 SENATOR LARKIN: That's in the 3 existing law, Senator, that the local governing 4 body has to give approval. 5 SENATOR GOLD: So, Senator, let 6 me ask you this question. In one of your little 7 towns, villages or whatever, the local volunteer 8 fire department goes to the local board and says 9 we want to hold this and we can't do it at the 10 fire station and there is Bailey's Hall, or 11 whatever it's called, and we want permission - 12 Bailey's Hall asks the local board for 13 permission to run games for the volunteer fire 14 department. 15 SENATOR LARKIN: But you've 16 reversed it. 17 SENATOR GOLD: What? 18 SENATOR LARKIN: The fire 19 department asks the local government, "We want 20 to have games of chance, and we want to have it 21 at XYZ facility." Local government can say no. 22 SENATOR GOLD: I understand what 23 you are saying, but what I'm getting at is there 5917 1 are different issues here. There are zoning 2 issues. There are different issues, and you are 3 the one who pointed it out a moment ago, and 4 what I am asking you is, there is this hall. 5 We'll call it the XYZ Hall, and the volunteer 6 fire department wants to hold them and it says, 7 "We want to hold it at that hall." One 8 question, I assume, Senator, is the zoning 9 question, isn't that so? 10 SENATOR LARKIN: Yes. 11 SENATOR GOLD: All right. So 12 they go to the zoning board, and the zoning 13 board says, "All right. We will allow games of 14 chance at that hall." Now, they have approved 15 that and the zoning issue is finished, isn't 16 it? 17 SENATOR LARKIN: It's still up to 18 the Board to give approval. Right now -- I 19 don't know how it works in your area, but when 20 our fire companies go to it, you will notice 21 it's on a town board meeting that they are going 22 to give approval for a Las Vegas Night at a 23 volunteer company on such and such a day. 5918 1 SENATOR GOLD: In other words, 2 the question I'm asking you is under existing 3 law, do they have to get the local approval 4 under existing law each time they run the 5 function? 6 SENATOR LARKIN: No. 7 SENATOR GOLD: Then, Senator, 8 what you said two seconds ago is not accurate. 9 SENATOR LARKIN: Utilization of 10 the facility, Senator. 11 SENATOR GOLD: Well, Senator - 12 Senator Larkin, I appreciate your courtesy. 13 On the bill. 14 ACTING PRESIDENT KUHL: Senator 15 Gold on the bill. 16 SENATOR GOLD: First of all, I 17 know that everything we say in this chamber is 18 weighed very, very carefully, but I'm personally 19 delighted that if I make a remark that I know 20 it's going to be scrutinized extra special today 21 because Senator Libous is back and listening 22 very carefully, so -- I can only speak for 23 myself, but I'm delighted to see it. 5919 1 Mr. President, on the bill. I 2 hear Senator Larkin, and I think that if it were 3 up to Senator Larkin everybody would be honest 4 and everybody would be patriotic, and I happen 5 to admire Senator Larkin. But, unfortunately, 6 it's just not the way things work, and with all 7 due respect, I'm not so confident about every 8 answer I got from Senator Larkin on this bill. 9 If you have a local small place 10 and the local fire department, which everybody 11 belongs to -- I think Senator Connor is famous 12 for that remark: You don't know what you're 13 talking about. You're one of those guys that 14 thinks volunteer fire departments are for 15 putting out fires, and everybody knows that 16 these are great social clubs; and they do a 17 wonderful job. I'm not trying to put any one of 18 them down. But everyone in town supports and 19 wants to do everything for the local volunteer 20 fire department, and I can't believe in my 21 wildest imagination that if the local volunteer 22 fire department wanted to hold Las Vegas Nights 23 they wouldn't get approval to do it in XYZ 5920 1 Hall. 2 I know people in upstate New York 3 and around the place. These are good, 4 religious, God-fearing people; and if the church 5 decides it might be easier because, "Look, they 6 are going to XYZ Hall and if the hall gets set 7 up, you know, we'll have our night" and the next 8 thing I know, as far as I know, people get to 9 know that you are at XYZ Hall every Monday or 10 Thursday night, whatever it is, because it's 11 either the church, the synagogue, the volunteer 12 fire department, whatever, and that's where the 13 charities are going to make their money, and 14 when you give the approval to the volunteer fire 15 department, I don't know how you tell the church 16 they can't do it, and I don't know how you tell 17 the Girl Scouts, "You can't do it," and, in my 18 opinion, I think it causes an awful lot of 19 problems. 20 Why? Not because of the 21 organizations; because when you start to talk 22 gambling, no matter what happens, you're talking 23 big money, and there are people who you and I 5921 1 would not like to go to dinner with who somehow 2 or other wind up getting involved in these 3 functions, and I have seen it. 4 I think that Senator Padavan and 5 I may or may not but I think we do have some 6 common feelings about the directions that we may 7 be going when it comes to trying to run this 8 state and run religious organizations, or what 9 ever on the backs of gambling, and everybody 10 shrugs their shoulders and says, "What can we 11 do. It's the only way we raise money." I'm 12 really at my limit for that. 13 I think it's dangerous. I think 14 Senator Larkin's motives are honorable, totally 15 honorable, but I think it's a mistake. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 SENATOR PADAVAN: Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Padavan. 21 SENATOR PADAVAN: Mr. President. 22 My comments are directed to Senator Larkin. 23 Senator, as you look around this 5922 1 chamber, you see that for a variety of reasons a 2 good number of our members are not here, and I 3 really think this is an important piece of 4 legislation, and I don't think anyone wants to 5 call a quorum call or slow roll call because I 6 don't want to, and I don't intend to, but I 7 would ask you, as a matter of courtesy, that you 8 might want to lay this bill aside so that more 9 members can be here and have an opportunity to 10 be heard and cast an intelligent vote on this 11 issue. 12 SENATOR LIBOUS: May we have the 13 last section read, please. 14 ACTING PRESIDENT KUHL: Read the 15 last section. 16 THE SECRETARY: Section 5. This 17 bill shall take effect immediately. 18 ACTING PRESIDENT KUHL: Announce 19 the results when tabulated. 20 Chair recognizes Senator Leichter 21 to explain his vote. 22 SENATOR LEICHTER: Thank you, Mr. 23 President. I think Senators Padavan and Gold 5923 1 made some very valid points. What we're doing 2 here is more and more eroding the prohibition 3 against gambling. Now, if we want to have 4 gambling in this state, maybe we ought to put it 5 to the voters. But this really opens the door 6 so wide to conducting gambling in so many 7 facilities throughout the state, I think as 8 Senator Gold pointed out, there is really no 9 limitation or restrictions on a particular place 10 having more than one, having in fact a number of 11 these licensees use that facility. It's just 12 like having a full-time casino in a community. 13 It just seems to me it's wrong. I don't want to 14 see us go towards legalized gambling; but maybe 15 if that's what the people of the state want, we 16 ought to do it, but we certainly shouldn't do it 17 in this fashion, chipping away, eroding away the 18 prohibition against gambling. 19 I vote in the negative. 20 ACTING PRESIDENT KUHL: Senator 21 Leichter will be recorded in the negative. 22 Senator Gold to explain his vote. 23 SENATOR GOLD: Mr. President. 5924 1 Senator Larkin, I really was not 2 going to ask for a slow roll call; but when I 3 see the hands go up around the chamber on both 4 sides, I really think it's unfair, as Senator 5 Padavan pointed out very well. I wouldn't want 6 people tomorrow to find out that they cast a 7 vote which they're uncomfortable with, and I 8 really think Senator Larkin that, if people want 9 to support this, I respect it, and there are 10 some people on my side who are supporting it and 11 some on yours, and some on both sides opposed to 12 it. 13 So I really think, Mr. President, 14 that we ought to have a slow roll call, or at 15 least put it over as Senator Padavan suggested, 16 but if that can't be, I would ask for a slow 17 roll call on this. 18 ACTING PRESIDENT KUHL: Senator 19 Gold is asking for a slow roll call. Are there 20 five members in the chamber, who -- would they 21 rise? There are five standing. 22 The Secretary will call the roll 23 slowly. 5925 1 SENATOR LIBOUS: Mr. President. 2 Do you want to lay that bill aside, please. 3 ACTING PRESIDENT KUHL: Senator 4 Larkin, your desire to lay the bill aside? 5 SENATOR LARKIN: Lay the bill 6 aside until tomorrow. 7 ACTING PRESIDENT KUHL: Okay. 8 The bill is laid aside at the request of the 9 sponsor. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President. 12 Would you please recognize Senator Larkin again 13 for a committee announcement. 14 ACTING PRESIDENT KUHL: Senator 15 Larkin. 16 SENATOR LARKIN: Mr. President. 17 There will be an immediate meeting of the Local 18 Government Committee in Room 332. 19 ACTING PRESIDENT KUHL: There 20 will be an immediate meeting of the Local 21 Government Committee in the Majority Conference 22 Room, Room 332, immediate meeting of the Local 23 Government Committee. 5926 1 Senator Libous. 2 SENATOR LIBOUS: Mr. President. 3 Would you recognize Senator Montgomery, please. 4 ACTING PRESIDENT KUHL: Senator 5 Montgomery. 6 SENATOR MONTGOMERY: Yes. Mr. 7 President, I would like unanimous consent to be 8 recorded in the negative on Calendars 671 and 9 674. 10 ACTING PRESIDENT KUHL: Without 11 objection and hearing no objection, Senator 12 Montgomery will be recorded in the negative on 13 Calendar Number 671 and 674. 14 Senator DiCarlo. 15 SENATOR DiCARLO: Mr. President. 16 I would like to put a sponsor's star on my bill, 17 Calendar 732, Senate 3362, please. 18 ACTING PRESIDENT KUHL: At the 19 request of the sponsor, a sponsor's star will be 20 placed on Calendar Number 732. 21 Senator Libous. 22 SENATOR LIBOUS: We can go back 23 to regular order, Mr. President. 5927 1 ACTING PRESIDENT KUHL: Secretary 2 will continue to call the controversial 3 calendar. 4 THE SECRETARY: On page 19, 5 Calendar 453, by Senator Levy, Senate Print 359, 6 an act to amend the Vehicle and Traffic Law, in 7 relation to criminal history checks on school 8 bus attendants. 9 ACTING PRESIDENT KUHL: Senator 10 Levy, an explanation had been asked for by the 11 Acting Minority Leader, Senator Paterson. 12 SENATOR LEVY: Yes. Senator 13 Paterson, unfortunately we have discussed this 14 bill annually almost since 1985 when we enacted 15 a law to require -- what we did was to pass a 16 bill which became law to require the finger 17 printing of school bus drivers. Omitted from 18 that law were school bus attendants; and, 19 unfortunately, due to that omission, children in 20 this state have paid the price, because using 21 Long Island as an example, we've had a number of 22 incidents on Long Island when felons who were on 23 parole wound up being school bus attendants, and 5928 1 we've had children sexually molested on school 2 buses, including children with disabilities and 3 handicaps. 4 If the fingerprinting of school 5 bus attendants was not omitted in 1985 from that 6 important law that had the end result of 7 disqualifying people from operating school 8 buses, I dare say that those incidents would not 9 have taken place because those people would not 10 have been working as school bus attendants. 11 This bill cures the omission from the law in 12 1985. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson. 15 SENATOR PATERSON: Mr. President, 16 Senator Levy raises an issue that has evidenced 17 itself in conduct by employees of the school 18 system that have manifested great harm to young 19 people who attend our school systems, and many 20 of the cases on Long Island I read about, 21 Senator Levy. 22 My question for you is why are 23 you asking the school attendants to pay for 5929 1 their own fingerprinting prior to their 2 employment? Don't you think that attaches a 3 stigma to the acts perhaps of others and makes 4 the entire class feel the burden of what a few 5 may have done? 6 ACTING PRESIDENT KUHL: The Chair 7 recognizes Senator Levy to respond to a question 8 from Senator Paterson. 9 SENATOR LEVY: Senator, we would 10 be doing with school bus attendants exactly what 11 we are doing with school bus drivers. 12 SENATOR PATERSON: Mr. President, 13 what I'm interested in is that there have been a 14 number of crimes committed by a number of 15 personnel employed by the school system. Would 16 Senator Levy believe -- if he would yield for a 17 question - 18 ACTING PRESIDENT KUHL: Senator 19 Levy, do you yield to Senator Paterson? 20 SENATOR PATERSON: -- that it 21 might just be a better idea to establish a 22 standard for all employees of the school 23 system? 5930 1 SENATOR LEVY: Senator, with this 2 bill, we only have the power to deal with those 3 people who come within the purview of the 4 Vehicle and Traffic Law, and I'm trying to deal 5 with the specific omission from the 1985 law. 6 If somebody else obviously chooses to have a 7 wider application of the concept that is in the 8 law today with school bus drivers, fine. It's 9 up to them to initiate that legislation. This 10 bill is under the V&T, and it only deals 11 traditionally with school bus attendants. 12 SENATOR PATERSON: Under the 1985 13 law, then, Senator Levy, you are restricting 14 this to comply with the transportation of the 15 children back and forth from school? 16 SENATOR LEVY: Yes, it is, 17 Senator Paterson. 18 SENATOR PATERSON: Thank you, 19 Senator Levy. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 90th day. 5931 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: Those recorded in 7 the negative on Calendar 453 are Senators 8 Connor, Gold, Leichter, Markowitz, Montgomery, 9 Nanula and Santiago. Ayes 52. Nays 7. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: On page 30, 13 Calendar Number 652, by Senator Saland, Senate 14 Print 2336, an act to amend the Executive law 15 and the Education Law, in relation to providing 16 security information to prospective students. 17 SENATOR OPPENHEIMER: 18 Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Saland, an explanation has been asked for by 21 Senator Oppenheimer. 22 SENATOR SALAND: Thank you, Mr. 23 President. 5932 1 Mr. President, this bill is the 2 Security Information Act for institutions of 3 higher education. It's a bill which has been 4 passed, I believe, on at least two prior 5 occasions in this house. It deals with 6 providing information to college students, their 7 parents, those who have an interest in security 8 on college campuses, such as employees of 9 college campuses. It endeavors to fill some of 10 the gaps that were left open when the federal 11 government got into this particular venue a 12 couple of years ago. 13 This bill is modeled in part on 14 legislation that was introduced originally in 15 Pennsylvania in response to an awful tragedy on 16 a campus down there, which sort of became the 17 model by which other states throughout the union 18 have endeavored to provide more information. 19 Unfortunately, when someone 20 visits a college campus perhaps in a summer or 21 spring trip or receives the materials that are 22 sent out by a college campus, they see this 23 rather idyllic setting, looks sort of like an 5933 1 oasis of tranquility; and far too often, 2 unfortunately, our campuses are the scenes of 3 crimes that reflect the communities, perhaps, in 4 which they are located or the reduction in 5 awareness of the potential for crime on college 6 campuses. 7 This bill would basically require 8 reporting, reporting of some crimes that are not 9 provided for in the federal legislation and 10 would also provide some specific reporting with 11 respect to certain security practices to, again, 12 provide a level of comfort for those who might 13 be interested in attending and working at this 14 campus that this, in fact, is a safe place. 15 The reality is, as I mentioned 16 earlier, that the last thing in the world that 17 campuses are about to do is to advise people of 18 whatever mis... criminal misfortunes may have 19 occurred on their campus. This is an attempt to 20 provide, in effect, disclosure or notification 21 to anybody having an interest. 22 It basically says, when you are 23 considering whatever campus you may be going to, 5934 1 if campus X and campus Y perhaps are similar 2 academically and if one of the two seems to have 3 a disproportionately high rate of crime, that's 4 something that you should know and should be 5 factored into your decision-making processes. 6 Thank you, Mr. President. 7 ACTING PRESIDENT KUHL: Senator 8 Oppenheimer. 9 SENATOR OPPENHEIMER: Would 10 Senator Saland yield for a question? 11 ACTING PRESIDENT KUHL: Senator 12 Saland, do you yield? 13 SENATOR SALAND: Yes, Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 yields. 17 SENATOR OPPENHEIMER: This looks 18 similar to a bill I had in which would require 19 providing the information on security 20 personnel. I think that this does not have a 21 piece that -- let me question. 22 Is this information to be 23 provided to anyone that makes application to the 5935 1 college for admission or to anybody who is 2 employed by the college? Will they be sent this 3 information or must they request this 4 information? 5 SENATOR SALAND: They will be 6 advised that the information is available upon 7 request, which, again, is the same tack that's 8 taken, I believe, in the federal legislation. 9 SENATOR OPPENHEIMER: Uh-huh. 10 Thank you, Senator. It would be my strong 11 preference to see that this information -- since 12 it's already been complied with, that it be 13 generated to everybody who is making 14 application. Since we have already done the 15 work, they should know the statistical 16 information; but I certainly will support this. 17 I just wish it did not have to be requested, 18 that it would simply be available. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 Senator LaValle to explain his 22 vote? 23 SENATOR LAVALLE: Yes. Yes, Mr. 5936 1 President. 2 ACTING PRESIDENT KUHL: To 3 explain your vote or - 4 SENATOR LAVALLE: I rise really 5 to comp... 6 ACTING PRESIDENT KUHL: Senator 7 LaValle, to explain your vote - 8 SENATOR LAVALLE: Yes. 9 ACTING PRESIDENT KUHL: -- or on 10 the bill? 11 SENATOR LAVALLE: I was going to 12 go on the bill, but I could just as well - 13 ACTING PRESIDENT KUHL: Your 14 choice. We're on the bill. 15 SENATOR LAVALLE: I'll explain my 16 vote. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect on the first day of 21 September. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5937 1 (The Secretary called the roll.) 2 ACTING PRESIDENT KUHL: Senator 3 LaValle to explain his vote. 4 SENATOR LAVALLE: Thank you, Mr. 5 President. I rise really to compliment Senator 6 Saland, who has put in a lot of work, has held a 7 number of information meetings, has reached out 8 to all parties, with the Assembly, to really 9 bring this bill to a conclusion and a completion 10 which it should be. 11 The members of the committee have 12 worked on this bill in the Higher Education 13 Committee, and I think it's a bill that parents 14 and students really support. The higher 15 education community, I think, has warmed up to 16 the idea that this kind of information and 17 disclosure is not only in the best interest of 18 the students who are on their campus but also 19 for the institutions that they run; and I hope 20 that this year the Assembly will embrace the 21 Saland legislation and that we'll see this 22 become a chapter. I know that Senator Saland 23 has been at it for a couple of years, and we 5938 1 hope this is the year it will become the law. 2 ACTING PRESIDENT KUHL: Senator 3 LaValle in the affirmative. 4 Senator Montgomery to explain her 5 vote. 6 SENATOR MONTGOMERY: Yes, Mr. 7 President. I would like to explain my vote. 8 I also want to compliment Senator 9 Saland on this bill, and I know how much you 10 worked on it, but I also know that since this is 11 really not a Republican idea or a Democratic 12 idea -- this is a good idea -- and I know that 13 Senator Oppenheimer worked very hard in this 14 area, held some hearings throughout the state a 15 few years back; and, therefore, I would say that 16 this is really an Oppenheimer-Saland bill. 17 So I vote yes. 18 ACTING PRESIDENT KUHL: Senator 19 Montgomery in the affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes 59. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 5939 1 Senator Libous. 2 SENATOR LIBOUS: Mr. President. 3 Is there any housekeeping at the desk? 4 ACTING PRESIDENT KUHL: There is 5 no housekeeping at the desk, Senator Libous. 6 SENATOR LIBOUS: Mr. President. 7 There will be no, and I repeat, no Republican 8 conference today, but there will be a Republican 9 conference immediately following session 10 tomorrow. 11 And, Mr. President, being that 12 there be no further business, I move that we 13 adjourn until Wednesday, May 17th, at 10:00 a.m. 14 ACTING PRESIDENT KUHL: 15 Republican conference is adjourned until 16 tomorrow. Repeat: Adjourned until tomorrow 17 after session. 18 Without objection, the Senate 19 stands adjourned until tomorrow, May 17th, at 20 10:00 a.m. 21 (Whereupon, at 1:32 p.m., Senate 22 adjourned.) 23