Tuesday, June 27, 1995

10722 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 27, 1995 11 10:04 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH R. HOLLAND, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 10723 1 P R O C E E D I N G S 2 ACTING PRESIDENT HOLLAND: The 3 Senate will come to order. 4 The Senators will find their 5 seats. Would everyone please rise and join us 6 in the pledge to the flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 May we now bow our heads in a 10 moment of silent prayer. 11 (A moment of silence was 12 observed. ) 13 Thank you. 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Monday, June 26th. The Senate met pursuant to 17 adjournment, Senator Farley in the Chair upon 18 designation of the Temporary President. The 19 Journal of Sunday, June 25th, was read and ap 20 proved. On motion, Senate adjourned. 21 ACTING PRESIDENT HOLLAND: 22 Hearing no objection, the Journal stands 23 approved as read. 10724 1 Senator Bruno. 2 SENATOR BRUNO: Mr. President, 3 can we ask for an immediate meeting of the Rules 4 Committee in Room 332. 5 ACTING PRESIDENT HOLLAND: There 6 will be an immediate meeting of the Rules 7 Committee in Room 332. 8 The order of business. 9 Presentation of petitions. 10 Messages from the Assembly. 11 Secretary will read. 12 THE SECRETARY: The Assembly 13 returned the Senate Bill Number 4524, Assembly 14 Reprint 30006, entitled an Act to Amend the 15 Election Law, with a message that it has 16 concurred in the passage of the same with 17 amendments. 18 ACTING PRESIDENT HOLLAND: 19 Senator DiCarlo. 20 SENATOR DiCARLO: Mr. President, 21 on behalf of Senator Maltese, I move that the 22 Senate concur in said amendments. 23 ACTING PRESIDENT HOLLAND: 10725 1 Without objection, the amendments are concurred 2 in, and the bill is restored to the Calendar. 3 Further messages from the 4 Assembly? 5 Messages from the Governor. 6 Reports of standing committees. 7 Reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 SENATOR MAZIARZ: Mr. President. 12 ACTING PRESIDENT HOLLAND: 13 Senator Maziarz. 14 SENATOR MAZIARZ: Thank you, Mr. 15 President. 16 Mr. President, on behalf of 17 Senator Levy, I wish to call up bill, Print 18 4146A, recalled from the Assembly which is now 19 at the desk. 20 ACTING PRESIDENT HOLLAND: 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 583, by Senator Levy, Senate Print 4146A, an act 10726 1 to amend the Transportation Law, in relation to 2 requiring the Commissioner of Transportation. 3 SENATOR MAZIARZ: Mr. President, 4 I now move to reconsider the vote by which this 5 bill was passed. 6 ACTING PRESIDENT HOLLAND: Call 7 the roll on reconsideration. 8 (The Secretary called the roll on 9 reconsideration. ) 10 THE SECRETARY: Ayes 31. 11 SENATOR MAZIARZ: I now offer the 12 following amendments, Mr. President. 13 ACTING PRESIDENT HOLLAND: 14 Amendments received. 15 SENATOR MAZIARZ: Mr. President, 16 I wish to call up bill, Print Number 4384, 17 recalled from the Assembly which is now at the 18 desk. 19 ACTING PRESIDENT HOLLAND: 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 665, by Senator Cook, Senate Print 4384, an act 23 relating to the apportionment of building aid 10727 1 and reorganization incentive building aid. 2 SENATOR MAZIARZ: Mr. President, 3 I now move to reconsider the vote by which this 4 bill was passed. 5 ACTING PRESIDENT HOLLAND: Call 6 the roll. 7 (The Secretary called the roll on 8 reconsideration. ) 9 THE SECRETARY: Ayes 31. 10 SENATOR MAZIARZ: I now offer the 11 following amendments. 12 ACTING PRESIDENT HOLLAND: 13 Amendments received. 14 Senator Maziarz. 15 SENATOR MAZIARZ: Mr. President, 16 on behalf of Senator Skelos, I wish to call up 17 Print Number 4182A, recalled from the Assembly 18 which is now at the desk. 19 ACTING PRESIDENT HOLLAND: 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 564, by Senator Skelos, Senate Print 4182A, an 23 act to amend the Nassau County Civil Divisions 10728 1 Act, in relation to the volunteer and exempt 2 firemen's benevolent association. 3 SENATOR MAZIARZ: I now move to 4 reconsider the vote by which this bill was 5 passed. 6 ACTING PRESIDENT HOLLAND: Call 7 the roll. 8 (The Secretary called the roll on 9 reconsideration. ) 10 THE SECRETARY: Ayes 31. 11 SENATOR MAZIARZ: I now offer the 12 following amendments. 13 ACTING PRESIDENT HOLLAND: 14 Amendments received. 15 Senator Maziarz. 16 SENATOR MAZIARZ: Mr. President, 17 on behalf of Senator Volker, I'd like to call up 18 Print Number 2767A, recalled from the Assembly 19 which is now at the desk. 20 ACTING PRESIDENT HOLLAND: 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 554, by Senator Volker, Senate Print 2767A, an 10729 1 act to amend Chapter 207 of the Laws of 1994 2 relating to incorporating the Twin District 3 Volunteer Firemen's Benevolent Association. 4 SENATOR MAZIARZ: I now move to 5 reconsider the vote by which this bill was 6 passed. 7 ACTING PRESIDENT HOLLAND: Call 8 the roll. 9 (The Secretary called the roll on 10 reconsideration. ) 11 THE SECRETARY: Ayes 31. 12 SENATOR MAZIARZ: Mr. President, 13 I now offer the following amendments. 14 ACTING PRESIDENT HOLLAND: 15 Amendments are received. 16 SENATOR MAZIARZ: Mr. President. 17 ACTING PRESIDENT HOLLAND: 18 Senator Maziarz. 19 SENATOR MAZIARZ: On behalf of 20 Senator LaValle, I'd like to call up Senate 21 Print 1798, recalled from the Assembly which is 22 now at the desk. 23 ACTING PRESIDENT HOLLAND: 10730 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 537, by Senator LaValle, Senate Print 1098, an 4 act to amend the General Municipal Law, in 5 relation to service award programs. 6 SENATOR MAZIARZ: Mr. President, 7 I now wish to -- I move to reconsider the vote 8 by which this bill was passed. 9 ACTING PRESIDENT HOLLAND: Call 10 the roll, please. 11 (The Secretary called the roll on 12 reconsideration. ) 13 THE SECRETARY: Ayes 31. 14 SENATOR MAZIARZ: Mr. President, 15 I now offer the following amendments. 16 ACTING PRESIDENT HOLLAND: The 17 amendments are received. 18 Senator Maziarz. 19 SENATOR MAZIARZ: Mr. President, 20 on behalf of Senator Holland, I wish to call up 21 Print Number 475, recalled from the Assembly 22 which is now at the desk. 23 ACTING PRESIDENT HOLLAND: 10731 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 515, by Senator Holland, Senate Print 475, an 4 act to amend the Criminal Procedure Law, in 5 relation to designating security officers. 6 SENATOR MAZIARZ: Mr. President, 7 I now move to reconsider the vote by which this 8 bill was passed. 9 ACTING PRESIDENT HOLLAND: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 31. 13 SENATOR MAZIARZ: Mr. President, 14 I now offer the following amendments. 15 ACTING PRESIDENT HOLLAND: 16 Amendments are received. 17 Senator Maziarz. 18 SENATOR MAZIARZ: Mr. President, 19 on behalf of Senator Velella, I wish to call up 20 Print Number 2946, recalled from the Assembly 21 which is now at the desk. 22 ACTING PRESIDENT HOLLAND: 23 Secretary will read. 10732 1 THE SECRETARY: Calendar Number 2 176, by Senator Velella, Senate Print 2946, an 3 act to amend Chapter 9 -- excuse me, 696 of the 4 Laws of 1887 relating to providing hospitals. 5 SENATOR MAZIARZ: Mr. President, 6 I now move to reconsider the vote by which this 7 bill was passed. 8 ACTING PRESIDENT HOLLAND: Call 9 the roll, please. 10 THE SECRETARY: Ayes 31. 11 SENATOR MAZIARZ: Mr. President, 12 I now offer the following amendments. 13 ACTING PRESIDENT HOLLAND: The 14 amendments are received, Senator Maziarz. 15 SENATOR MAZIARZ: Mr. President, 16 on behalf of Senator Goodman, I wish to call up 17 Print Number 1409, recalled from the Assembly 18 which is now at the desk. 19 ACTING PRESIDENT HOLLAND: 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 125, by Senator Goodman, Senate Print 1409, an 23 act to amend the Vehicle and Traffic Law, in 10733 1 relation to increasing penalties for subsequent 2 violations. 3 SENATOR MAZIARZ: Mr. President, 4 I now move to reconsider the vote by which this 5 bill was passed. 6 ACTING PRESIDENT HOLLAND: Call 7 the roll. 8 (The Secretary called the roll on 9 reconsideration. ) 10 THE SECRETARY: Ayes 31. 11 SENATOR MAZIARZ: Mr. President, 12 I now offer the following amendments. 13 ACTING PRESIDENT HOLLAND: The 14 amendments are received. 15 Senator Maziarz. 16 SENATOR MAZIARZ: Mr. President, 17 on behalf of Senator Kuhl, I wish to call up 18 Print Number 658A, recalled from the Assembly 19 which is now at the desk. 20 ACTING PRESIDENT HOLLAND: 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 61, by Senator Kuhl, Senate Print 658A, an act 10734 1 to amend the Agriculture and Markets Law and the 2 Environmental Conservation Law, in relation to 3 the siting of solid waste management resource 4 recovery facilities. 5 SENATOR MAZIARZ: Mr. President, 6 I now move to reconsider the vote by which this 7 bill was passed. 8 ACTING PRESIDENT HOLLAND: Call 9 the roll, please. 10 (The Secretary called the roll on 11 reconsideration. ) 12 THE SECRETARY: Ayes 31. 13 SENATOR MAZIARZ: Mr. President, 14 I now offer the following amendments. 15 ACTING PRESIDENT HOLLAND: The 16 amendments are received. 17 Senator Maziarz. 18 SENATOR MAZIARZ: Mr. President, 19 on behalf of Senator Nozzolio, I wish to call up 20 Senate Print 580A, recalled from the Assembly 21 which is now at the desk. 22 ACTING PRESIDENT HOLLAND: 23 Secretary will read. 10735 1 THE SECRETARY: Calendar Number 2 42, by Senator Nozzolio, Senate Print 580A, an 3 act to amend the Public Authorities Law, and the 4 Executive Law, in relation to creating the 5 Cayuga County Water and Sewer Authority. 6 SENATOR MAZIARZ: Mr. President, 7 I now move to reconsider the vote by which this 8 bill was passed. 9 ACTING PRESIDENT HOLLAND: Call 10 the roll. 11 (The Secretary called the roll on 12 reconsideration. ) 13 THE SECRETARY: Ayes 31. 14 SENATOR MAZIARZ: Mr. President, 15 I now offer the following amendments. 16 ACTING PRESIDENT HOLLAND: The 17 amendments are received. 18 SENATOR MAZIARZ: Mr. President, 19 on behalf of Senator DeFrancisco, I wish to call 20 up Print Number 4225B, recalled from the 21 Assembly which is now at the desk. 22 ACTING PRESIDENT HOLLAND: 23 Secretary will read. 10736 1 THE SECRETARY: Calendar Number 2 1404, by Senator DeFrancisco, Senate Print 3 4225B, an act to amend the County Law, the 4 General Municipal Law and the Education Law, in 5 relation to the appointment as private college 6 campus security officers. 7 SENATOR MAZIARZ: Mr. President, 8 I now move to reconsider the vote by which this 9 bill was passed. 10 ACTING PRESIDENT HOLLAND: Call 11 the roll, please. 12 (The Secretary called the roll on 13 reconsideration. ) 14 THE SECRETARY: Ayes 32. 15 SENATOR MAZIARZ: Mr. President, 16 I now offer the following amendments. 17 ACTING PRESIDENT HOLLAND: The 18 amendments are received. 19 Senator Marcellino. 20 SENATOR MARCELLINO: It's a tough 21 act to follow, Mr. President. 22 On behalf of Senator Saland, I 23 wish to call up Bill Number 3475, having passed 10737 1 both houses and not delivered to the Governor. 2 ACTING PRESIDENT HOLLAND: 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 950, by Senator Saland, Senate Print 3475, an 6 act to amend the Family Court Act and the 7 Domestic Relations Law, in relation to service 8 of temporary orders of protection. 9 SENATOR MARCELLINO: Mr. 10 President, I now move to reconsider the vote by 11 which this bill was passed and ask the bill be 12 restored to the order of third reading. 13 ACTING PRESIDENT HOLLAND: Call 14 the roll. 15 (The Secretary called the roll on 16 reconsideration. ) 17 THE SECRETARY: Ayes 32. 18 SENATOR MARCELLINO: Mr. 19 President, I offer the following amendments. 20 ACTING PRESIDENT HOLLAND: The 21 amendments are received. 22 Senator Marcellino. 23 SENATOR MARCELLINO: On behalf of 10738 1 Senator Maltese, may I call up bill, Print 2 Number 3320, recalled from the Assembly which is 3 now at the desk. 4 ACTING PRESIDENT HOLLAND: 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1445, by Senator Maltese, Senate Print 3320, an 8 act to amend the Penal Law, in relation to false 9 reporting of incidents. 10 SENATOR MARCELLINO: Mr. 11 President, I now move to reconsider the vote by 12 which this bill was passed. 13 ACTING PRESIDENT HOLLAND: Call 14 the roll. 15 (The Secretary called the roll on 16 reconsideration. ) 17 THE SECRETARY: Ayes 32. 18 SENATOR MARCELLINO: Mr. 19 President, I offer the following amendments. 20 ACTING PRESIDENT HOLLAND: The 21 amendments are received. 22 SENATOR MARCELLINO: Mr. 23 President, on behalf of my colleague, Senator 10739 1 Nozzolio, I wish to call up Print Number 3982, 2 recalled from the Assembly which is now at the 3 desk. 4 ACTING PRESIDENT HOLLAND: 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1411, by Senator Nozzolio, Senate Print 3982, an 8 act to amend the Vehicle and Traffic Law, in 9 relation to authorizing a residential parking 10 system. 11 SENATOR MARCELLINO: Mr. 12 President, I now move that we reconsider the 13 vote by which this bill was passed. 14 ACTING PRESIDENT HOLLAND: Call 15 the roll, please. 16 (The Secretary called the roll on 17 reconsideration. ) 18 THE SECRETARY: Ayes 32. 19 SENATOR MARCELLINO: Mr. 20 President, I offer the following amendments. 21 ACTING PRESIDENT HOLLAND: The 22 amendments are received. 23 Senator Marcellino. 10740 1 SENATOR MARCELLINO: Mr. 2 President, on behalf of Senator Kuhl, I wish to 3 call up Print Number 5085, recalled from the 4 Assembly which is now at the desk. 5 ACTING PRESIDENT HOLLAND: 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 1340, by Senator Kuhl, Senate Print 5085, an act 9 in relation to authorizing the village of Penn 10 Yan, Yates County, to issue serial bonds. 11 SENATOR MARCELLINO: Mr. 12 President, I now move to reconsider the vote by 13 which this bill was passed. 14 ACTING PRESIDENT HOLLAND: Call 15 the roll. 16 (The Secretary called the roll on 17 reconsideration.) 18 THE SECRETARY: Ayes 32. 19 SENATOR MARCELLINO: Mr. 20 President, I now offer the following 21 amendments. 22 ACTING PRESIDENT HOLLAND: The 23 amendments are received. 10741 1 SENATOR MARCELLINO: Mr. 2 President, on behalf of Senator Goodman, I wish 3 to call up bill, Print Number 917A, recalled 4 from the Assembly which is now at the desk. 5 ACTING PRESIDENT HOLLAND: 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 1051, by Senator Goodman, Senate Print 917A, an 9 act to amend the Civil Rights Law, in relation 10 to prohibiting the non-consensual use of a 11 person's voice. 12 SENATOR MARCELLINO: Mr. 13 President, I now move to reconsider the vote by 14 which this bill was passed. 15 ACTING PRESIDENT HOLLAND: Call 16 the roll, please. 17 (The Secretary called the roll on 18 reconsideration.) 19 THE SECRETARY: Ayes 32. 20 SENATOR MARCELLINO: Mr. 21 President, I offer the following amendments. 22 ACTING PRESIDENT HOLLAND: The 23 amendments are received. 10742 1 SENATOR MARCELLINO: Mr. 2 President, on behalf of Senator Lack, I wish to 3 call up bill, Print Number 3552, recalled from 4 the Assembly which is now at the desk. 5 ACTING PRESIDENT HOLLAND: 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 931, by Senator Lack, Senate Print 3552, an act 9 to amend the Tax Law, in relation to mortgage 10 recording taxes on credit line mortgages. 11 SENATOR MARCELLINO: Mr. 12 President, I move the vote by which this bill - 13 I move to reconsider the vote by which this bill 14 was passed. 15 ACTING PRESIDENT HOLLAND: Call 16 the roll. 17 (The Secretary called the roll on 18 reconsideration.) 19 THE SECRETARY: Ayes 32. 20 SENATOR MARCELLINO: Mr. 21 President, I offer the following amendments. 22 ACTING PRESIDENT HOLLAND: The 23 amendments are received. 10743 1 Senator Marcellino. 2 SENATOR MARCELLINO: Mr. 3 President, on behalf of Senator Saland, I wish 4 to call up bill, Print Number 1434A, recalled 5 from the Assembly which is now at the desk. 6 ACTING PRESIDENT HOLLAND: 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 908, by Senator Saland, Senate Print 1434A, an 10 act authorizing the Commissioner of General 11 Services to sell certain land to the city of 12 Beacon. 13 SENATOR MARCELLINO: Mr. 14 President, I now move to reconsider the vote by 15 which this bill was passed. 16 ACTING PRESIDENT HOLLAND: Call 17 the roll. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 32. 21 SENATOR MARCELLINO: Mr. 22 President, I offer the following amendments. 23 ACTING PRESIDENT HOLLAND: The 10744 1 amendments are received. 2 SENATOR MARCELLINO: Mr. 3 President, on behalf of Senator Sears, I wish to 4 call up bill, Print Number 1355B, recalled from 5 the Assembly which is now at the desk. 6 ACTING PRESIDENT HOLLAND: 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 894, by Senator Sears, Senate Print 1355B, an 10 act to amend the Environmental Conservation Law, 11 in relation to prohibiting the feeding of deer 12 within 300 feet of a public highway. 13 SENATOR MARCELLINO: Mr. 14 President, I now move to reconsider the vote by 15 which this bill was passed. 16 ACTING PRESIDENT HOLLAND: Call 17 the roll, please. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 33. 21 SENATOR MARCELLINO: Mr. 22 President, I offer the following amendments. 23 ACTING PRESIDENT HOLLAND: The 10745 1 amendments are received. 2 SENATOR MARCELLINO: Mr. 3 President, on behalf of Senator Levy, I call up 4 bill, Print Number 4985A, recalled from the 5 Assembly which is now at the desk. 6 ACTING PRESIDENT HOLLAND: 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 875, by Senator Levy, Senate Print 4985-A, an 10 act to amend the Transportation Law, in relation 11 to the investigation of accidents by the state 12 Public Transportation Safety Board. 13 SENATOR MARCELLINO: Mr. 14 President, I now move we reconsider the vote by 15 which this bill was passed. 16 ACTING PRESIDENT HOLLAND: Call 17 the roll. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 33. 21 SENATOR MARCELLINO: Mr. 22 President, I offer the following amendments. 23 ACTING PRESIDENT HOLLAND: The 10746 1 amendments are received. Senator Marcellino. 2 SENATOR MARCELLINO: Mr. 3 President, on behalf of Senator Goodman, I wish 4 to call up bill, Senate Print 3672A, recalled 5 from the Assembly which is now at the desk. 6 ACTING PRESIDENT HOLLAND: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 75, by Senator Goodman, Senate Print 3672A, an 10 act to amend Chapter 687 of the Laws of 1991, 11 amending the General Business Law. 12 SENATOR MARCELLINO: Mr. 13 President, I now move we reconsider the vote by 14 which this bill was passed. 15 ACTING PRESIDENT HOLLAND: Call 16 the roll, please. 17 (The Secretary called the roll on 18 reconsideration.) 19 THE SECRETARY: Ayes 33. 20 SENATOR MARCELLINO: Mr. 21 President, I offer the following amendments. 22 ACTING PRESIDENT HOLLAND: The 23 amendments are received. 10747 1 SENATOR MARCELLINO: Mr. 2 President, last but not least, on behalf of 3 Senator Leibell, I wish to call up bill, Print 4 Number 2744A, recalled from the Assembly which 5 is now at the desk. 6 ACTING PRESIDENT HOLLAND: 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 784, by Senator Leibell, Senate Print 2744A, an 10 act to amend the Town Law, in relation to the 11 refuse and garbage districts in the town of 12 Putnam Valley. 13 SENATOR MARCELLINO: Mr. 14 President, I now move to reconsider the vote by 15 which this bill was passed. 16 ACTING PRESIDENT HOLLAND: Call 17 the roll, please. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 33. 21 SENATOR MARCELLINO: Mr. 22 President, I now offer the following amendments. 23 ACTING PRESIDENT HOLLAND: The 10748 1 amendments are received. Nice job. 2 Senator Bruno. 3 SENATOR BRUNO: Mr. President, I 4 understand that there is a resolution at the 5 desk. I'd like to ask that it now be read in 6 its entirety. I believe it's by Senator Rath. 7 ACTING PRESIDENT HOLLAND: 8 Secretary will read, please. 9 Senator Rath. 10 SENATOR RATH: There is an 11 expectation of someone coming to the chamber in 12 a few moments. If we could do it when she 13 arrives, that would be very important. 14 ACTING PRESIDENT HOLLAND: We'll 15 lay it aside for a few moments. 16 Senator Leibell. 17 SENATOR BRUNO: Mr. President, 18 what do I know! 19 ACTING PRESIDENT HOLLAND: 20 Senator Bruno. 21 SENATOR BRUNO: In an attempt to 22 move the process along, is there any other 23 housekeeping at the desk? 10749 1 ACTING PRESIDENT HOLLAND: Is 2 there any other housekeeping? 3 SENATOR BRUNO: Mr. President, 4 there is no other housekeeping at the desk. 5 Thank you. 6 ACTING PRESIDENT HOLLAND: No, 7 sir. 8 SENATOR BRUNO: Mr. President, I 9 believe there's a Rules report now at the desk. 10 ACTING PRESIDENT HOLLAND: There 11 is. 12 SENATOR BRUNO: Can we have the 13 Rules report read. 14 ACTING PRESIDENT HOLLAND: 15 Secretary will read, please. 16 SENATOR BRUNO: And adopted. 17 THE SECRETARY: Senator Bruno, 18 from the Committee on Rules, reports the 19 following bills: 20 Senate Print 2736A, by Senator 21 LaValle, an act to amend the Domestic Relations 22 Law, in relation to information regarding the 23 Thalassemia Trait for applicants for marriage 10750 1 licenses; 2 6138, by member of the Assembly 3 Lafayette, an act to amend the Education Law, in 4 relation to persons over 60 years of age 5 auditing courses at the City University of New 6 York; 7 Senate Print 5335A, by Senator 8 Trunzo, an act to amend the Administrative Code 9 of the city of New York, in relation to provid 10 ing for transfer of the assets, liabilities and 11 administration of the fire department pension 12 fund; 13 5421, by Senator Trunzo, an act 14 to amend the Administrative Code of the city of 15 New York, in relation to providing for transfer 16 of the assets, liabilities and administration of 17 the police pension fund; 18 Senate Print 2149B, by Senator 19 Spano, an act to amend the Environmental 20 Conservation Law, in relation to authorizing 21 certain wildlife rehabilitators; 22 Senate Print 916A, by Senator 23 Goodman, an act authorizing the city of New York 10751 1 to reconvey its interest in certain real 2 property acquired by in rem tax foreclosure in 3 the borough of Manhattan; 4 3260, by Senator Stavisky, an act 5 authorizing the city of New York to reconvey its 6 interests in certain real property acquired by 7 in rem tax foreclosure in the borough of Queens; 8 3978, by Senator Volker, an act 9 to amend the Executive Law, in relation to the 10 organization of the New York State Police; 11 4201, by Senator Tully, an act to 12 amend the Social Services Law, in relation to 13 authorizing patient discharge to hospices and to 14 residential health care facilities; 15 4582C, by Senator Hoblock, an act 16 to amend the Education Law, in relation to state 17 aid reimbursement for administrative costs 18 related to pre-school special education 19 programs; 20 4611, by Senator Lack, an act to 21 amend the Surrogate's Court Procedure Act, in 22 relation to the appointment of a guardian ad 23 litem; 10752 1 4733A, by Senator Holland, an act 2 to amend the Social Services Law, in relation to 3 enhancing the welfare management system; 4 4950B, by Senator Marcellino, an 5 act to amend the Navigation Law, in relation to 6 regulation of sewage disposal in certain cases; 7 5182, by Senator Seward, an act 8 to authorize William F. McLorn to purchase 9 service credit in the New York State and local 10 police and fire retirement system; 11 5232, by Senator Stafford, an act 12 to amend the Insurance Law, in relation to 13 health insurance coverage; 14 5274, by Senator Maltese, an act 15 to amend the Vehicle and Traffic Law, in 16 relation to providing the owner of a vehicle 17 with a second notice; 18 5307, by Senator Kuhl, an act to 19 amend the Agriculture and Markets Law, in 20 relation to the definition of commercial horse 21 boarding; 22 5364A, by Senator Goodman, an act 23 to amend the Arts and Cultural Affairs Law, in 10753 1 relation to the maturity dates of notes and 2 bonds of trusts; 3 5387, by Senator Velella, an act 4 to amend Chapter 12 of the Laws of 1995, 5 relating to providing a retirement incentive; 6 5402, by Senator Hannon, an act 7 to amend Chapter 438 of the Laws of 1993, 8 amending the Public Health Law; 9 5426, by Senator Stafford, an act 10 to amend the Highway Law, in relation to 11 purchase of new county road machinery; 12 5429, by Senator Marchi, an act 13 to amend the New York State Urban Development 14 Corporation Act, in relation to the name of the 15 New York State Urban Development Corporation; 16 5430, by Senator Marchi, an act 17 to amend the Public Authorities Law, in relation 18 to the indemnification of the members of the 19 boards of directors; 20 5434, by Senator Maziarz, an act 21 to amend the State Finance Law, in relation to 22 establishing a transportation mobility revolving 23 loan fund; 10754 1 5441, by Senator Libous, an act 2 to amend the Criminal Procedure Law and the 3 Mental Hygiene Law, in relation to providing 4 criminal history records; 5 5458, by Senator Kuhl, an act to 6 amend the Alcoholic Beverage Control Law and a 7 chapter of the laws of 1995, as proposed in 8 legislative bill numbers Senate 5199 and 9 Assembly 7797A; 10 5466, by Senator Trunzo, an act 11 to amend the Retirement and Social Security Law, 12 in relation to employer costs for retroactive 13 membership; 14 5539, by Senator Hoblock, an act 15 to amend the Military Law, in relation to 16 application for civil service examinations; 17 All bills ordered directly for 18 third reading. 19 ACTING PRESIDENT HOLLAND: 20 Senator Bruno. 21 SENATOR BRUNO: Mr. President, 22 can we at this time recognize Senator Nozzolio 23 for an announcement. 10755 1 ACTING PRESIDENT HOLLAND: 2 Senator Nozzolio. 3 SENATOR NOZZOLIO: Thank you, Mr. 4 President. There will be an immediate meeting 5 of the Committee on Crime Victims, Crime and 6 Corrections in Room 334 of the Capitol. 7 ACTING PRESIDENT HOLLAND: There 8 will be an immediate meeting of the Committee in 9 Room 334 -- check that, yes, Senator, 332. 10 SENATOR NOZZOLIO: I just learned 11 it's 332 of the Capitol. 12 ACTING PRESIDENT HOLLAND: 332 of 13 the Capitol. Thank you, sir. 14 Senator Bruno, we have to accept 15 the Rules Committee report. 16 SENATOR BRUNO: I move to accept 17 the Rules report, Mr. President. 18 ACTING PRESIDENT HOLLAND: All in 19 favor of accepting the Rules Committee report 20 signify by saying aye. 21 (Response of "Aye.") 22 All opposed say nay. 23 (There was no response. ) 10756 1 The committee report of the Rules 2 -- Rules Committee report is accepted, 3 adopted. 4 SENATOR BRUNO: Mr. President, I 5 believe there is a Rules committee -- not Rules, 6 Tourism in Room 332 immediately following the 7 Crime Victims meeting in the same room. 8 ACTING PRESIDENT HOLLAND: There 9 will be a Tourism Committee meeting immediately 10 following the Crime Committee meeting in Room 11 332 of the Capitol. 12 SENATOR BRUNO: Mr. President, 13 can we at this time take up the 14 non-controversial calendar. 15 ACTING PRESIDENT HOLLAND: 16 Secretary will read. 17 THE SECRETARY: Senator LaValle 18 moves to discharge from the Committee on Rules 19 Assembly Bill Number 4552A, and substitute it 20 for the identical Calendar Number 765. 21 ACTING PRESIDENT HOLLAND: 22 Substitution ordered. 23 THE SECRETARY: Calendar Number 10757 1 765, by member of the Assembly DiNapoli, 2 Assembly Print 4552A, an act to amend the 3 Domestic Relations Law, in relation to 4 information regarding the Thalassemia Trait for 5 applicants for marriage licenses. 6 ACTING PRESIDENT HOLLAND: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first day of 10 September. 11 ACTING PRESIDENT HOLLAND: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 42. 15 ACTING PRESIDENT HOLLAND: The 16 bill is passed. 17 SENATOR MARCELLINO: No. 18 ACTING PRESIDENT HOLLAND: Wait. 19 The results. 20 THE SECRETARY: On calendar 21 Number 765, ayes 41, nays one, Senator 22 Marcellino recorded in the negative. 23 ACTING PRESIDENT HOLLAND: The 10758 1 bill is passed. 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 799, by member of the Assembly Lafayette, 5 Assembly Print 6138, an act to amend the 6 Education Law, in relation to persons over 60 7 years of age. 8 ACTING PRESIDENT HOLLAND: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect July 1st. 12 ACTING PRESIDENT HOLLAND: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes - 16 ACTING PRESIDENT HOLLAND: Are 17 there negatives? Results. 18 THE SECRETARY: Ayes 42, nays 19 one, Senator Wright recorded in the negative. 20 ACTING PRESIDENT HOLLAND: The 21 bill is passed. 22 Secretary will read. 23 THE SECRETARY: Calendar Number 10759 1 1420, by Senator Trunzo, Senate Print 5335A, an 2 act to amend the Administrative Code of the city 3 of New York, in relation to providing for 4 transfer of assets. 5 ACTING PRESIDENT HOLLAND: There 6 is a home rule message at the desk. Read the 7 last section. 8 THE SECRETARY: Section 20. This 9 act shall take effect July 1st. 10 ACTING PRESIDENT HOLLAND: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 43. 14 ACTING PRESIDENT HOLLAND: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1431, by Senator Trunzo, Senate Print 5421, an 18 act to amend the Administrative Code of the city 19 of New York, in relation to providing for 20 transfer of assets. 21 ACTING PRESIDENT HOLLAND: There 22 is a home rule message at the desk. Read the 23 last section. 10760 1 THE SECRETARY: Section 18. This 2 act shall take effect July 1st. 3 ACTING PRESIDENT HOLLAND: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 44. 7 ACTING PRESIDENT HOLLAND: The 8 bill is passed. 9 THE SECRETARY: Senator Spano 10 moves to discharge from the Committee on Rules 11 Assembly Bill Number 2257B, and substitute it 12 for the identical Calendar Number 1440. 13 ACTING PRESIDENT HOLLAND: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 1440, by member of the Assembly Brodsky, 17 Assembly Print 2257B, an act to amend the 18 Environmental Conservation Law, in relation to 19 authorizing certain wildlife rehabilitators. 20 ACTING PRESIDENT HOLLAND: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 10761 1 ACTING PRESIDENT HOLLAND: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 44. 5 ACTING PRESIDENT HOLLAND: The 6 bill is passed. 7 THE SECRETARY: Calendar - 8 Senator Goodman moves to discharge from the 9 Committee on Rules Assembly Bill Number 678, and 10 substitute it for the identical Calendar Number 11 1462. 12 ACTING PRESIDENT HOLLAND: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 1462, by member of the Assembly Ravitz, Assembly 16 Print 678, an act authorizing the city of New 17 York to reconvey its interest in certain real 18 property acquired by in rem tax foreclosure in 19 the borough of Manhattan. 20 ACTING PRESIDENT HOLLAND: There 21 is a home rule message at the desk. Read the 22 last section. 23 THE SECRETARY: Section 2. This 10762 1 act shall take effect immediately. 2 ACTING PRESIDENT HOLLAND: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT HOLLAND: The 7 bill is passed. 8 THE SECRETARY: Senator Stavisky 9 moves to discharge from the Committee on Rules 10 Assembly Bill Number 5528 and substitute it for 11 the identical Calendar Number 1473. 12 ACTING PRESIDENT HOLLAND: 13 Substitution ordered. 14 THE SECRETARY: Calendar number 15 1473, by member of the Assembly Aubry, Assembly 16 Print Number 5528, an act authorizing the city 17 of New York to reconvey its interest in certain 18 real property acquired by in rem tax foreclosure 19 in the borough of Queens. 20 ACTING PRESIDENT HOLLAND: There 21 is a home rule message at the desk. Read the 22 last section. 23 THE SECRETARY: Section 2. This 10763 1 act shall take effect immediately. 2 ACTING PRESIDENT HOLLAND: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT HOLLAND: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1474, by Senator Volker, Senate Print 3978, an 10 act to amend the Executive Law, in relation to 11 the organization of the New York State Police. 12 ACTING PRESIDENT HOLLAND: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT HOLLAND: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 44. 20 ACTING PRESIDENT HOLLAND: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1475, by Senator Tully, Senate Print 4201, an 10764 1 act to amend the Social Services Law, in 2 relation to authorizing patient discharge to 3 hospices and to residential health care 4 facilities under the Medical Assistance 5 Presumptive Eligibility Program. 6 ACTING PRESIDENT HOLLAND: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT HOLLAND: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 44. 14 ACTING PRESIDENT HOLLAND: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1476, by Senator Hoblock, Senate Print 4582C, an 18 act to amend the Education Law, in relation to 19 state aid reimbursement for administrative costs 20 related to pre-school special education 21 programs. 22 SENATOR PATERSON: Lay aside. 23 ACTING PRESIDENT HOLLAND: Lay 10765 1 the bill aside. 2 THE SECRETARY: Senator Lack 3 moves to discharge from the Committee on Rules, 4 Assembly Bill Number 7825 and substitute it for 5 the identical Calendar Number 1477. 6 ACTING PRESIDENT HOLLAND: 7 Substitution is ordered. Read the last 8 section. 9 SENATOR SMITH: Lay aside, 10 please. 11 ACTING PRESIDENT HOLLAND: Lay 12 the bill aside. 13 THE SECRETARY: Calendar Number 14 1478, by Senator Holland, Senate Print 4733A, an 15 act to - 16 SENATOR PATERSON: Lay aside. 17 ACTING PRESIDENT HOLLAND: Lay 18 the bill aside. 19 THE SECRETARY: Calendar Number 20 1479, by Senator Marcellino, Senate Print Number 21 4950B, an act to amend the Navigation Law, in 22 relation to sewage disposal in certain cases. 23 ACTING PRESIDENT HOLLAND: Read 10766 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first day of 4 November. 5 ACTING PRESIDENT HOLLAND: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 44. 9 ACTING PRESIDENT HOLLAND: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1480, by Senator Seward, Senate Print 5182, an 13 act - 14 SENATOR SPANO: Lay aside. 15 ACTING PRESIDENT HOLLAND: Lay 16 the bill aside. 17 THE SECRETARY: Senator Stafford 18 moves to discharge from the Committee on Rules 19 Assembly Bill Number 6788A, and substitute it 20 for the identical Calendar Number 1481. 21 SENATOR SPANO: Lay aside. 22 ACTING PRESIDENT HOLLAND: Lay 23 the bill aside. 10767 1 ACTING PRESIDENT HOLLAND: 2 Substitution is ordered first, then the bill is 3 laid aside. 4 THE SECRETARY: Calendar number 5 1482, by Senator Maltese, Senate Print 5274, an 6 act to amend the Vehicle and Traffic Law, in 7 relation to providing the owner of a vehicle 8 with a second notice of parking violation. 9 ACTING PRESIDENT HOLLAND: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT HOLLAND: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 44. 17 ACTING PRESIDENT HOLLAND: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1483, by Senator Kuhl, Senate Print 5307, an act 21 to amend the Agriculture and Markets Law, in 22 relation to the definition of commercial horse 23 boarding and special district tax exemption. 10768 1 ACTING PRESIDENT HOLLAND: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT HOLLAND: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 44. 9 ACTING PRESIDENT HOLLAND: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1484, by Senator Goodman, Senate Print 5364A, an 13 act to amend the Arts and Cultural Affairs Law, 14 in relation to maturity dates of notes and bonds 15 of trusts. 16 ACTING PRESIDENT HOLLAND: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT HOLLAND: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 44. 10769 1 ACTING PRESIDENT HOLLAND: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1485, by Senator Velella, Senate Print 5387, an 5 act to amend Chapter 12 of the Laws of 1995, 6 relating to providing a retirement incentive for 7 certain public employees. 8 ACTING PRESIDENT HOLLAND: Read 9 the last section, please. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT HOLLAND: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 44. 16 ACTING PRESIDENT HOLLAND: The 17 bill is passed. 18 THE SECRETARY: Senator Hannon 19 moves to discharge from the Committee on Rules 20 Assembly Bill Number 8135 and substitute it for 21 the identical Calendar Number 1486. 22 ACTING PRESIDENT HOLLAND: 23 Substitution is ordered. Read the last 10770 1 section. 2 THE SECRETARY: Calendar Number 3 1486, by the Assembly Committee on Rules, a 4 Assembly Bill Number 8135, an act to amend 5 Chapter 438 of the Laws of 1993, amending the 6 Public Health Law. 7 ACTING PRESIDENT HOLLAND: Call 8 the roll. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT HOLLAND: Call 13 the roll, please. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 44. 16 ACTING PRESIDENT HOLLAND: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1487, by Senator Stafford, Senate Print 5426, an 20 act to amend the Highway Law, in relation to 21 purchase of new county road machinery. 22 ACTING PRESIDENT HOLLAND: Read 23 the last section. 10771 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT HOLLAND: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 44. 7 ACTING PRESIDENT HOLLAND: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1488, by Senator Marchi, Senate Print 5429, an 11 act to amend the New York State Urban 12 Development Corporation Act. 13 SENATOR PATERSON: Lay aside. 14 ACTING PRESIDENT HOLLAND: Lay 15 the bill aside, please. 16 THE SECRETARY: Calendar Number 17 1489, by Senator Marchi, Senate Print 5430, an 18 act to amend the Public - 19 SENATOR STAFFORD: Lay it aside, 20 please. 21 ACTING PRESIDENT HOLLAND: Lay 22 the bill aside. 23 THE SECRETARY: Calendar Number 10772 1 1490, by Senator Maziarz, Senate Print Number - 2 SENATOR SPANO: Lay aside, 3 please. 4 ACTING PRESIDENT HOLLAND: Lay 5 the bill aside, please. 6 THE SECRETARY: Calendar Number 7 1491, by Senator Libous, Print Number 5441. 8 SENATOR PATERSON: Lay aside. 9 ACTING PRESIDENT HOLLAND: Lay 10 aside. 11 THE SECRETARY: Senator Kuhl 12 moves to discharge from the Committee on Rules 13 Assembly Number 8179 and substitute it for the 14 identical Calendar Number 1492. 15 ACTING PRESIDENT HOLLAND: 16 Substitution ordered. 17 SENATOR SMITH: Lay aside, 18 please. 19 ACTING PRESIDENT HOLLAND: 20 Substitution ordered. Lay the bill aside. 21 THE SECRETARY: Calendar Number 22 1493, by Senator Trunzo, Senate Print 5466, an 23 act to amend the Retirement and Social Security 10773 1 Law, in relation to employer costs for 2 retroactive membership. 3 ACTING PRESIDENT HOLLAND: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT HOLLAND: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 45. 11 ACTING PRESIDENT HOLLAND: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1494, by Senator Hoblock, Senate Print 5539, an 15 act to amend the Military Law, in relation to 16 application for civil service examinations. 17 ACTING PRESIDENT HOLLAND: The 18 bill is high. Lay it aside, please. 19 SENATOR SPANO: Mr. President. 20 ACTING PRESIDENT HOLLAND: 21 Senator Spano. 22 SENATOR SPANO: Mr. President, 23 can we please go to the controversial calendar. 10774 1 ACTING PRESIDENT HOLLAND: 2 Controversial calendar. The Secretary will 3 read, please. 4 THE SECRETARY: Calendar Number 5 1476, by Senator Hoblock, Senate Print 4582C, an 6 act to amend the Education Law, in relation to 7 state aid reimbursement for administrative costs 8 of - 9 SENATOR PATERSON: Explanation. 10 ACTING PRESIDENT HOLLAND: 11 Explanation is requested. Senator Hoblock. 12 SENATOR HOBLOCK: Yes, Mr. 13 President. 14 This bill is one of several that 15 have been introduced this year in an effort to 16 give some relief to the counties in a program 17 that has been growing substantially in dollars 18 and that's the pre-school education program. 19 Right now, the counties are 20 reimbursed for administrative costs relative to 21 this particular program at the rate of $50. 22 This bill increases that reimbursement to $250 23 and will be financed from monies reimbursed from 10775 1 the federal government, if available. 2 ACTING PRESIDENT HOLLAND: 3 Senator Paterson. 4 SENATOR PATERSON: Mr. President, 5 would Senator Hoblock, as he graciously always 6 does, yield for a question? 7 SENATOR HOBLOCK: Yes. 8 ACTING PRESIDENT HOLLAND: 9 Senator Hoblock, would you graciously yield? 10 SENATOR HOBLOCK: Graciously 11 yield. 12 ACTING PRESIDENT HOLLAND: He 13 does, Senator. 14 SENATOR PATERSON: Senator, this 15 is actually a noble cause. We are just 16 wondering if there is a fiscal impact as a 17 result of it. 18 SENATOR HOBLOCK: No, there will 19 be no local impact. Actually this is a relief 20 as opposed to a local impact. 21 SENATOR PATERSON: Mr. President, 22 if there is going to be a refund, it would seem 23 to me that it would be almost prima facie as it 10776 1 relates to fiscal impact. 2 SENATOR HOBLOCK: I'm sorry, I 3 didn't hear that. 4 SENATOR PATERSON: Senator, what 5 I'm saying is, it would seem just almost -- it 6 would just seem almost inherent in the concept 7 that there would be a fiscal impact because it 8 is a reward, and that's just what we'd like you 9 to explain is how there is no cost to the state 10 to provide this. 11 SENATOR HOBLOCK: I'm sorry, 12 Senator Paterson, I talked about local -- local 13 cost. What this is saying is that the -- it 14 would be recouped from the federal participation 15 pursuant to Title XIX for these types of 16 programs if that money is available and not 17 being used for other purposes. 18 SENATOR PATERSON: Thank you, 19 Senator. 20 SENATOR SPANO: Last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect July 1st. 23 ACTING PRESIDENT HOLLAND: There 10777 1 is a local fiscal impact note at the desk. 2 There is a fiscal local impact note at the 3 desk. Call the roll, please. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 45. 6 ACTING PRESIDENT HOLLAND: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1477, substituted earlier today, by the Assembly 10 Committee on Rules, Assembly Print 7825, an act 11 to amend the Surrogate's Court Procedure Act, in 12 relation to the appointment of a guardian ad 13 litem. 14 SENATOR PATERSON: Explanation. 15 ACTING PRESIDENT HOLLAND: 16 Explanation is requested. 17 SENATOR SPANO: Lay it aside. 18 ACTING PRESIDENT HOLLAND: Lay 19 the bill aside temporarily, please. 20 THE SECRETARY: Calendar Number 21 1478, by Senator Holland, Senate Print 4733A, an 22 act to amend the Social Services Law, in 23 relation to enhancing the welfare management 10778 1 system. 2 SENATOR SPANO: Last section. 3 ACTING PRESIDENT HOLLAND: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT RATH: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 45. 11 ACTING PRESIDENT RATH: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1480, by Senator Seward, Senate Print 5182, an 15 act to authorize William F. McLorn - 16 SENATOR SPANO: Lay aside. 17 ACTING PRESIDENT RATH: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 1481, substituted earlier today, by member - 21 SENATOR SPANO: Lay aside. 22 ACTING PRESIDENT RATH: Lay the 23 bill aside. 10779 1 THE SECRETARY: Calendar Number 2 1488, by Senator Marchi, Senate Print 5429, an 3 act to amend the New York State Urban 4 Development Corporation Act, in relation to the 5 name of the New York State Urban Development 6 Corporation. 7 SENATOR PATERSON: Explanation. 8 ACTING PRESIDENT RATH: 9 Explanation has been requested. 10 SENATOR SPANO: Lay it aside. 11 ACTING PRESIDENT RATH: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 1489, by Senator Marchi, Senate Print 5430, an 15 act to amend the Public Authorities Law, in 16 relation to the indemnification of the members 17 of the boards of directors. 18 ACTING PRESIDENT RATH: Read the 19 last section. 20 SENATOR PATERSON: Explanation. 21 ACTING PRESIDENT RATH: 22 Explanation has been requested. 23 SENATOR SPANO: Lay aside. 10780 1 ACTING PRESIDENT RATH: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 1490, by Senator Maziarz, Senate Print 5434, an 5 act to amend the State Finance Law, in relation 6 to establishing a Transportation Mobility 7 Revolving Loan Fund. 8 SENATOR PATERSON: Explanation. 9 ACTING PRESIDENT RATH: 10 Explanation has been requested. 11 SENATOR SKELOS: Lay aside 12 temporarily. 13 ACTING PRESIDENT RATH: Lay the 14 bill aside temporarily. 15 THE SECRETARY: Calendar Number 16 1491, by Senator Libous, Senate Print Number 17 5441. 18 SENATOR SKELOS: Lay aside for 19 the day. 20 ACTING PRESIDENT RATH: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar Number 23 1492, substituted earlier today, by the Assembly 10781 1 Committee on Rules, Assembly Bill Number 8179, 2 an act to amend the Alcoholic Beverage Control 3 Law and a chapter of the laws of 1995. 4 SENATOR PATERSON: Explanation. 5 ACTING PRESIDENT RATH: 6 Explanation has been requested. Senator Kuhl. 7 SENATOR KUHL: Thank you, Madam 8 President. 9 Earlier this year the -- this 10 chamber passed a bill that allowed for a 11 modification of the Alcoholic Beverage Control 12 Law as it deals with packaging of various 13 products. 14 This bill is an attempt to modify 15 that bill, which was previously passed as I 16 mentioned, and the primary emphasis of this bill 17 is to change the effective date. 18 Conceptually, what we did when we 19 passed the bill, unknowingly was to potentially 20 give out-of-state producers an advantage, and so 21 this chapter amendment which has been already 22 passed by the Assembly attempts to bring the 23 competitors to an equal playing field by 10782 1 allowing it to take effect on December 1st, 1995 2 rather than immediately, so this is an attempt 3 to clean up a previous bill with an oversight 4 that we didn't foresee at that time but which 5 has been brought to our attention by the 6 producers in New York State. 7 It's a very, very pro-New York 8 State producers' bill, and I would suggest that 9 all of our people and all of my colleagues in 10 the chamber support it. 11 ACTING PRESIDENT RATH: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT RATH: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 45. 19 ACTING PRESIDENT RATH: The 20 bill's passed. 21 SENATOR STAFFORD: Madam 22 President. 23 ACTING PRESIDENT RATH: Recognize 10783 1 Senator Stafford. 2 SENATOR STAFFORD: May we please 3 announce an immediate meeting of the Committee 4 on Finance in Room 332. 5 ACTING PRESIDENT RATH: An 6 immediate meeting of the Committee on Finance in 7 Room 332. 8 SENATOR STAFFORD: Lunch will be 9 served. 10 ACTING PRESIDENT RATH: Senator 11 Stafford advises lunch will be served. 12 SENATOR SKELOS: Madam 13 President. 14 ACTING PRESIDENT RATH: Senator 15 Skelos. 16 SENATOR SKELOS: Would you please 17 call up Senator Maziarz' bill, Calendar Number 18 1490. 19 ACTING PRESIDENT RATH: Clerk 20 will read. 21 THE SECRETARY: Calendar Number 22 1490, by Senator Maziarz, Senate Print 5434, an 23 act to amend the State Finance Law, in relation 10784 1 to establishing a Transportation Mobility 2 Revolving Loan Fund. 3 ACTING PRESIDENT RATH: Read the 4 last section. 5 SENATOR PATERSON: Explanation. 6 ACTING PRESIDENT RATH: 7 Explanation has been requested. Senator 8 Maziarz. 9 SENATOR MAZIARZ: Thank you, 10 Madam President. 11 This legislation establishes a 12 Transportation Mobility Revolving Loan Fund to 13 be utilized principally for advanced technology, 14 no transportation improvement projects, the 15 money to be received from the state and local 16 and private sources. However, Madam President, 17 at this time the $5 million appropriation to the 18 New York State Department of Transportation 19 contained in this bill is a grant from the 20 Federal Highway Administration. 21 This $5 million dollars is all 22 federal money. The federal government has 23 earmarked the money to be used for advanced 10785 1 technology, mobility improvements in 2 international transportation in the Niagara 3 Frontier region of New York State and the 4 Niagara region of Ontario, Canada. The fed's 5 are requiring the state to establish a revolving 6 loan fund to receive and spend the federal 7 appropriation. 8 The goal is to encourage movement 9 in the spirit of North America and the spirit of 10 the North American Free Trade Agreement and to, 11 at the same time, reduce traffic, mitigate air 12 pollution from idling vehicles and reduce energy 13 consumption and cost as well as improve the 14 processing time at the borders. 15 ACTING PRESIDENT RATH: Senator 16 Paterson, why do you rise? 17 SENATOR PATERSON: If Senator 18 Maziarz would yield for a question, I have one. 19 ACTING PRESIDENT RATH: Senator 20 Maziarz yield? 21 SENATOR MAZIARZ: Yes, Madam 22 President. 23 ACTING PRESIDENT RATH: Senator 10786 1 yields. 2 SENATOR PATERSON: Madam 3 President, contrary to this piece of 4 legislation, the Capital District Transportation 5 Authority, Metropolitan Transportation Authority 6 and many others as well, could benefit from this 7 sort of multi-system that will be addressed in 8 this particular legislation. 9 What is your recommendation as to 10 how to bring federal dollars in to assist those 11 needed areas of transportation as well? 12 SENATOR MAZIARZ: Well, first of 13 all, Senator, this 5 million appropriation from 14 the federal government is more than to enhance 15 crossings at international borders. All the 16 ones that you mentioned, Capital District -- I'm 17 sorry. What were the other areas, Senator? 18 SENATOR PATERSON: Capital, New 19 York City, there's several others all around the 20 state. 21 SENATOR MAZIARZ: Yes, but not 22 any of them are at international borders such as 23 the Niagara Frontier where we have four 10787 1 international border crossings. So my 2 recommendation would be for the legislators from 3 those areas to contact their federal 4 representatives and convince them that they have 5 transportation-related problems which I'm sure 6 that they do and attempt to get a revolving loan 7 fund established for those areas. 8 SENATOR PATERSON: On the -- if 9 Senator Maziarz would continue to yield. 10 ACTING PRESIDENT RATH: Senator 11 will continue to yield. 12 SENATOR MAZIARZ: Certainly. 13 SENATOR PATERSON: I notice that 14 the aspect of revolving loan fund is not really 15 addressed or is addressed minimally in this 16 legislation and, of course, this has been a very 17 effective tool in the past for -- for paying 18 back the loans. I was wondering why you didn't 19 look to it as a further criteria to have 20 established in the legislation. 21 ACTING PRESIDENT RATH: Senator 22 Maziarz. 23 SENATOR MAZIARZ: I'm sorry, 10788 1 Senator, I couldn't hear the question. 2 ACTING PRESIDENT RATH: Could you 3 repeat the question, please, Senator Paterson. 4 SENATOR PATERSON: I'm sorry, 5 Madam President. The question related to 6 revolving loan funds which Senator Maziarz just 7 mentioned, and I was just pointing out to him 8 for his perusal the fact that there's really 9 minimal criteria in this legislation that 10 provides for revolving loan funds. 11 SENATOR MAZIARZ: Well, I don't 12 know that I agree with that, Senator. It's a 13 rather comprehensive agreement between the DOT, 14 between the Niagara Frontier Transportation 15 Authority and the city of Niagara Falls, New 16 York, the city of Buffalo, I believe, is listed 17 in there and also the province of Ontario, the 18 city of Niagara Falls, Ontario. I thought it 19 was a rather comprehensive agreement, Senator. 20 ACTING PRESIDENT RATH: Senator 21 Paterson. 22 SENATOR PATERSON: All right, 23 Senator. I'll -- I'll yield on that. I would 10789 1 have to -- I would have to read it over, but 2 certainly it -- if this was within your 3 contemplation when you wrote the bill, I 4 certainly accept it and you did mention it even 5 before I asked you, so I imagine you're 6 absolutely right. 7 My final question, Madam 8 President, if the Senator would continue to 9 yield. 10 SENATOR MAZIARZ: Certainly, 11 Madam President. 12 ACTING PRESIDENT RATH: Senator 13 yields. 14 SENATOR PATERSON: This relates, 15 Senator Maziarz, to the Commissioner of 16 Transportation really being the sole arbiter in 17 deciding who gets the loans. My concern is that 18 this is vesting too much power in one entity. 19 Do you understand the possibility 20 that there may be unfortunately too much 21 authority confined to the Commissioner where it 22 might be better spread around to ensure that the 23 loans go to the -- to those most seeking and 10790 1 most deserving? 2 SENATOR MAZIARZ: Well, Senator, 3 as you know, we have a -- we have a new 4 Commissioner of Transportation who I believe was 5 unanimously confirmed very recently by this 6 body. I have the utmost trust and faith in that 7 Commissioner that he will be fair in allocating 8 these funds throughout the Niagara Frontier and, 9 of course, that Commissioner, as you are well 10 aware, represented a very large portion of the 11 Niagara Frontier, and I'm sure he's very well 12 aware of where the most needy areas are for 13 international border crossing transportation 14 funds. 15 SENATOR PATERSON: Senator, I am 16 not challenging the credentials of the new 17 Commissioner. There's no one in this body who I 18 think was better and, as a matter of fact, he 19 was even better than Senator Skelos, but what 20 I'm saying is that we're talking about a process 21 that we're setting up that will inure to the 22 benefit of this state for a long period of time 23 and the next Commissioner could be -- could be 10791 1 someone like me who should never be allowed to 2 have any authority to a great extent, and so 3 other than that, for the -- for the present, I 4 agree with you. 5 I'm sure this Commissioner will 6 discharge his duties most aptly, particularly 7 since he represented that particular area which 8 both you and he are familiar with, and so on 9 that note, I guess that concludes my questions 10 and have a nice day, Senator. 11 ACTING PRESIDENT RATH: Read the 12 last section. 13 SENATOR MAZIARZ: Thank you very 14 much. You have a nice day too. 15 ACTING PRESIDENT RATH: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT RATH: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 46. 23 ACTING PRESIDENT RATH: The bill 10792 1 is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Would you call 4 up Calendar Number 1488, by Senator Marchi. 5 ACTING PRESIDENT RATH: Clerk 6 will read. 7 THE SECRETARY: Calendar Number 8 1488, by Senator Marchi, Senate Print 5429, an 9 act to amend the New York State Urban 10 Development Corporation Act. 11 SENATOR PATERSON: Explanation. 12 ACTING PRESIDENT RATH: Senator 13 Marchi. 14 SENATOR MARCHI: Was there a 15 request for an explanation? 16 ACTING PRESIDENT RATH: Is there 17 an explanation requested? 18 SENATOR PATERSON: Yes. 19 ACTING PRESIDENT RATH: Senator 20 Paterson has requested an explanation. 21 SENATOR MARCHI: Well, there is 22 -- this is not an enormous change, but it 23 psychologically and perhaps more appropriately 10793 1 describes what should be the view and the aim of 2 the present Urban Development Corporation in the 3 future. 4 It merely, instead of saying 5 "urban", we say Empire State Development 6 Corporation which is a more encompassing 7 expression describing the entire state of New 8 York and linking it to the concept of economic 9 development. Whether -- whether that will have 10 an electric effect on the people of this state, 11 of the United States and the planet earth, I'm 12 not sure, but I think it has to help some. 13 When we say Empire State Economic 14 Development, it's a very affirmative statement 15 that the entire state is engaged in a very 16 serious and objective way in the subject of 17 economic development and, when we link that to 18 all of the substantive steps that have been 19 taken either by way of inducements, facili 20 tation, relief from the onerous regulations, the 21 whole gamut of objectives that we have struggled 22 so hard during the course of this session to 23 better state the aims and objectives of our 10794 1 efforts to bring about serious economic 2 revitalization, this is part of it, and I would 3 hope that, taken in that spirit, that there will 4 be an enthusiastic rush to say yes. 5 ACTING PRESIDENT RATH: Senator 6 Paterson. 7 SENATOR PATERSON: Would the 8 Senator yield for a brief question? 9 SENATOR MARCHI: Yes, Senator. 10 ACTING PRESIDENT RATH: Senator 11 Marchi, yes. 12 SENATOR PATERSON: Senator, it's 13 just that the UDC, founded in 1968, was really 14 -- the spirit of the legislation was to develop 15 underprivileged areas, urban areas and that kind 16 of thing. In many respects, I would have to 17 vote for this bill because I think changing the 18 name to the Empire State Development Corporation 19 is really more apt, because I feel we're just 20 getting away from the original concept and so in 21 a sense this is actually legislation that I 22 would see as honest, but I don't know if you 23 would, Senator, because you might not feel that 10795 1 we're getting away from that concept, but I just 2 think with all the projects we're developing, 3 many of them tainted with sort of patronage and 4 many of the types of endeavors that I think that 5 UDC has involved itself in, I wonder if changing 6 the name only sanctions the fact that we're 7 moving away from the original intent of the 8 development corporation. 9 SENATOR MARCHI: Well, the 10 narrower definition, Senator, I think, was 11 certainly appropriate and -- and was a fitting 12 start in singling out and identifying a 13 worthwhile objective. That is not lost. The 14 urban experience that the Urban Development 15 Corporation has undergone will serve it in good 16 stead, but I think when you take it up in the 17 larger context, it is at no sacrifice, that 18 narrower objective, indeed it envelops it and 19 sweeps it along with an expanded view of those 20 elements that should go in a feasible dynamic 21 economic development plan. 22 So that far from introducing 23 words that -- words of stricture, words that are 10796 1 defining, it broadens the sweep and it rests on 2 the very acceptable basis, of course, that there 3 has been serious efforts made through the years 4 to further the concept and the objective that 5 was singularly outlined when this -- when the 6 Urban Development Corporation was founded. 7 I -- I couldn't sympathize and 8 relate, join with you and -- in wanting to see 9 that spirit also be strong in the Empire State 10 Development Corporation, to engage in a 11 broadened view of economic development at the 12 same time that the sacrifice or diminution of 13 that one aspect, I think, would be a tragic 14 loss. 15 We don't want that, but I think 16 that since we -- this engine will have all of 17 those elements, the objectives will all be 18 there, none will be sacrificed except that we 19 take an expanded view which can even enrich the 20 very purpose to which the Urban Development 21 Corporation is more narrowly defined in its 22 address to economic development. 23 ACTING PRESIDENT RATH: Senator 10797 1 Paterson. 2 SENATOR PATERSON: Thank you, 3 Senator. 4 ACTING PRESIDENT RATH: Read the 5 last section. 6 THE SECRETARY: Section 5. This 7 act shall take effect immediately. 8 ACTING PRESIDENT RATH: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 46. 12 ACTING PRESIDENT RATH: The 13 bill's passed. 14 Senator Kuhl. Senator Kuhl. 15 SENATOR KUHL: Yes. Can you call 16 up Calendar Number 1489, please. 17 ACTING PRESIDENT RATH: 1489. 18 THE SECRETARY: Calendar Number 19 1489, by Senator Marchi, Senate Print 5430, an 20 act to amend the Public Authorities Law, in 21 relation to the indemnification of the members 22 of the boards of directors. 23 SENATOR PATERSON: Explanation. 10798 1 ACTING PRESIDENT RATH: 2 Explanation has been requested. Senator 3 Marchi. 4 SENATOR MARCHI: Madam President, 5 under the existing law, the state does not 6 indemnify the members of the board of directors 7 and officers or the employees of the 8 Environmental Facilities Corporation and the 9 SNMA or these acronyms which are fascinating, 10 Madam President, of the state of New York 11 Mortgage Agency. 12 Why this was not done is obscure 13 even in examining the genesis of both entities. 14 The fact is, Madam President, that under section 15 17 of the Public Officers Law, there are 16 numerous agencies, Local Governmental Assistance 17 Corporation, a GreenWay Heritage Conservancy, 18 the Hudson River Valley and Greenway Council, 19 the Energy Research and Development Authority, 20 the Science and Technology Foundation, the 21 Economic Accommodation Control Corporation, 22 Facilities Development Corporation, and on and 23 on and on and on, and I would like to submit, 10799 1 Madam President, that certainly the important 2 work that they do, it's certainly no great 3 compensation other than the satisfaction of 4 seeing valuable work take place, they should 5 also have that same kind of protection which 6 does not present any diminution of the 7 responsibilities that they carry, no more than 8 it does for every other of all these other 9 agencies which share in the -- in the protection 10 that is exempted to them, but it does -- it does 11 suggest that we are being unfair in this 12 situation and, when you have unfairness, I'm not 13 sure that -- I'm not sure that you always foster 14 the most constructive activity and initiatives 15 in an agency that is -- that is burdened in that 16 fashion. 17 So they shouldn't be treated like 18 chopped liver to use -- to use a -- a phrase 19 that's in common usage, and it would seem to me 20 that their indemnification against financial 21 loss as they conduct their activities taking 22 care of naming people who have survived our 23 scrutiny and confirmation and does -- plays an 10800 1 important role, I think, in enabling them to do 2 their job without -- without undue apprehension, 3 but without sacrificing the care that should 4 attend those efforts that they do make. 5 I see no reason for separating 6 this particular group, these two agencies, from 7 virtually all other agencies where -- that are 8 involved in situations where they may be exposed 9 to circumstances, and in those circumstances in 10 the other agencies enjoy the benefit of 11 indemnification by the state. 12 ACTING PRESIDENT RATH: Senator 13 Paterson. 14 SENATOR PATERSON: Madam 15 President, if Senator Marchi would yield for a 16 question. 17 ACTING PRESIDENT RATH: Senator 18 Marchi, would you yield? 19 SENATOR MARCHI: Yes, Senator. 20 ACTING PRESIDENT RATH: Senator 21 yields. 22 SENATOR PATERSON: Senator, your 23 answer was not only constructive, but it answers 10801 1 the concern that I was going to raise with you 2 relating to what other entities would be 3 affected by this legislation. What I think I'm 4 going to ask you now is -- now I'm not sure 5 which of the public entities are providing 6 indemnification of the board of directors and 7 which aren't. 8 You think it might be better just 9 to have a standard rule for the public 10 authorities and also utilities and any other 11 public entities that we would just establish 12 once, rather than doing it in a sense piece by 13 piece? 14 SENATOR MARCHI: I agree with 15 you. I agree with you. This is the bill I had 16 before me. It's a program bill, and I'd be very 17 happy to share with you -- to join with you in 18 joint sponsorship of such a measure because it 19 does have a certain coherence in our logic, I 20 think, which should characterize our approach to 21 the entire question. 22 However, we do have this, and I 23 would suggest that we move on it and perhaps we 10802 1 can join in joint sponsorship of legislation 2 that perhaps does it so that we don't have to 3 get up from time to time on these matters if, in 4 fact, they have a common thread inviting this 5 action, and there's no reason. 6 I don't understand how -- why it 7 should take this long to have it come up. 8 ACTING PRESIDENT RATH: Senator 9 Paterson. 10 SENATOR PATERSON: Thank you, 11 Senator, and rest assured we are going to move 12 on this legislation. It's very good. It's just 13 that I think we're arriving at a joint concept 14 as to how we might be able to do it better. 15 Just one final question. Is 16 there any current case that's being affected by 17 this passage of legislation or does this just 18 relate to future indemnifications of boards of 19 directors and officers? 20 ACTING PRESIDENT RATH: Senator 21 Marchi. 22 SENATOR MARCHI: You're asking me 23 for my view of the effect of this legislation, 10803 1 whether it acts prospectively on future actions 2 or whether it - 3 SENATOR PATERSON: In other 4 words - 5 SENATOR MARCHI: No, I know what 6 you're saying, and I think you're entitled to an 7 answer. I am unable to answer that question to 8 either your or my satisfaction, but I will get 9 that information to you, Senator. 10 SENATOR PATERSON: Thank you, 11 Madam President, for Senator Marchi's response 12 and we look forward to possibly co-sponsoring 13 some legislation that would -- that would 14 address this issue in toto. It's a good piece 15 of legislation, and perhaps we can expand it. 16 Thank you. 17 ACTING PRESIDENT RATH: Thank 18 you, Senator Paterson. 19 SENATOR MARCHI: Good bill, Mr. 20 President, and now that Senator Paterson has 21 pointed the way, we may even make it better. 22 ACTING PRESIDENT RATH: Thank 23 you, Senator Marchi. 10804 1 The clerk will read the last 2 section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT RATH: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 46. 9 ACTING PRESIDENT RATH: The bill 10 is passed. 11 Senator Kuhl. 12 SENATOR KUHL: Yes, Madam 13 President. Calendar Number 1481 was laid 14 aside. Can we lay that bill aside for the day. 15 ACTING PRESIDENT RATH: 1481, lay 16 it aside for the day. 17 SENATOR KUHL: Yes. Now, may we 18 return to motions and resolutions, and I believe 19 that there is a resolution, privileged 20 resolution by Senator Bruno, Resolution Number 21 1738, at the desk. 22 ACTING PRESIDENT RATH: Yes, 23 there is. 10805 1 SENATOR KUHL: I'd like to have 2 that resolution read in its entirety, and then 3 I'd move for its adoption. 4 ACTING PRESIDENT RATH: To be 5 read in its entirety. Secretary will read. 6 THE SECRETARY: By Senator Bruno, 7 Legislative Resolution commending CAPTAIN of 8 Saratoga County, memorializing in turn Governor 9 George E. Pataki to declare Friday, November 10 3rd, 1995 as a day specifically recognizing the 11 issue of youth homelessness. 12 WHEREAS, it is the sense of this 13 legislative body that those who give positive 14 definition to the profile and disposition of the 15 communities of the state of New York do so 16 profoundly strengthen our shared commitment to 17 the exercise of freedom; and 18 WHEREAS, attendant to such 19 concern and fully in accord with its long 20 standing traditions, it is the intent of this 21 legislative body to commend CAPTAIN of Saratoga 22 County, memorializing in turn Governor George E. 23 Pataki to declare Friday, November 3, 1995 as a 10806 1 day specifically recognizing the issue of youth 2 homelessness; and 3 WHEREAS CAPTAIN, Community Action 4 for Parents, Teens and Interested Neighbors, is 5 a non-profit grass roots community action agency 6 that serves as an advocate for the changing 7 needs of youth and families in Saratoga County; 8 Since 1977 CAPTAIN has taken the 9 leadership role in addressing serious social 10 issues such as drug and alcohol abuse and youth 11 homelessness; and 12 WHEREAS, in 1986, a group of 13 concerned citizens formed the Citizens Committee 14 for a Youth Shelter; the Citizens Committee 15 comprised of various community leaders and youth 16 advocates, accomplished a number of goals over 17 the years, establishing an annual fund raiser, 18 drawing preliminary building plans, receiving an 19 offer for a donated site as well as offers from 20 several local contractors, volunteering their 21 services to build the shelter. During the 22 committee's reign, CAPTAIN was a strong sup 23 porter of a shelter and assisted in fund-raising 10807 1 efforts; and 2 WHEREAS, in August 1994, CAPTAIN 3 officially assumed responsibility for the youth 4 shelter. CAPTAIN's reputation in addressing 5 critical social issues, as well as our good 6 standing in the community and full-time 7 professional staff allowed us to take this 8 project to the next level. Presently CAPTAIN is 9 working with the Saratoga County Youth Bureau to 10 develop a needs assessment. Once the needs 11 assessment is complete, CAPTAIN can pursue 12 obtaining a license for the facility, and 13 WHEREAS, CAPTAIN is in the 14 process of developing an awareness campaign on 15 the issue of youth homelessness in Saratoga 16 County, the date that is set aside is November 17 3rd, 1995 and 18 WHEREAS, through its long and 19 sustained commitment to the preservation and 20 enhancement of human dignity, CAPTAIN has so 21 demonstrably advanced that spirit of united 22 purpose and shared concern which is the unalter 23 able manifestation of our American experience,. 10808 1 NOW, THEREFORE, BE IT RESOLVED 2 that this legislative body pause in its 3 deliberations and commend CAPTAIN of Saratoga 4 County, memorializing in turn Governor George E. 5 Pataki to declare Friday, November 3rd, 1995, as 6 a day specifically recognizing the issue of 7 youth homelessness fully confident that such 8 procedure mirrors our shared commitment to the 9 efflorescence of human dignity; and 10 BE IT FURTHER RESOLVED that a 11 copy of this resolution, suitably engrossed, be 12 transmitted to Eileen Reardon, Director of 13 Development, Community Action for Parents, Teens 14 and Interested Neighbors. 15 ACTING PRESIDENT RATH: The 16 question is on the resolution. All in favor 17 signify by saying aye. 18 (Response of "Aye.") 19 Opposed? 20 (There was no response. ) 21 The resolution is adopted. 22 Senator Kuhl. 23 SENATOR KUHL: Yes, Madam 10809 1 President. Would you recognize Senator Maziarz, 2 please. 3 ACTING PRESIDENT RATH: Senator 4 Maziarz. 5 SENATOR MAZIARZ: Madam 6 President, I'd ask unanimous consent to be 7 recorded in the negative on Calendar Number 765, 8 please. 9 ACTING PRESIDENT RATH: Without 10 objection. 11 Senator Kuhl. 12 SENATOR KUHL: Again, Madam 13 President, may we stay on motions and 14 resolutions. I understand that there's a 15 privileged resolution by Senator Bruno, it's 16 Resolution Number 1755, at the desk. I'd ask 17 the Secretary to read the resolution in its 18 entirety and then, after that, I would move its 19 adoption. 20 ACTING PRESIDENT RATH: Secretary 21 will please read 1755 in its entirety. 22 THE SECRETARY: By Senator Bruno, 23 Legislative Resolution honoring Juanita "Terry" 10810 1 Lochner, New York State Department President, 2 American Legion Auxiliary, upon the occasion of 3 her selection for special recognition at a 4 Welcome Home Week End to be held on June 17, 5 1995. 6 WHEREAS, it is the sense of this 7 assembled body to commend those singular 8 individuals of the state of New York who have 9 distinguished themselves through outstanding 10 personal endeavor, meritorious duty and 11 dedicated service to their country and 12 community; and 13 WHEREAS, Terry Lochner, a member 14 of Gerald O'Neil Post 1683 of Rensselaer, New 15 York, and one of the first Vietnam era American 16 Legion Auxiliary Department Presidents, will be 17 justly honored in recognition of her diligent 18 efforts and faithful service at a Welcome Home 19 Week End to be held on June 17, 1995 at the 20 Ramada Inn, Albany, New York; and 21 WHEREAS, instrumental in 22 implementing the Department's special touches 23 project, Terry Lochner has traveled throughout 10811 1 the state and nation visiting 13 Veterans 2 Administration hospitals to ensure the 3 availability of items such as TVs, VCRs, pianos, 4 semi-recumbent bikes for therapy and exercise, 5 and other necessary items of comfort and 6 convenience normally in short supply under 7 federal budget restrictions; and 8 WHEREAS, a resident of 9 Rensselaer, New York and the second oldest of a 10 family of ten, Terry Lochner has devoted her 11 time, energies and purposeful life to serving 12 others. In addition to her devotion to helping 13 hospitalized veterans, she has served the 14 American Legion and the auxiliary through her 15 dedicated work on the Americanism and Flag 16 Amendment Committees and has acted as House 17 Mother for youth participating in Girls' State; 18 and 19 WHEREAS the quality and character 20 of life in this nation and the great state of 21 New York is reflective of the purposeful lives 22 and good works of those patriotic and civil 23 minded community members who would dedicate 10812 1 their lives and careers to the service of 2 others; and. 3 WHEREAS, those individuals who 4 have given so selflessly of their skills and 5 dedication are worthy and due full recognition 6 for their valued contributions on behalf of 7 their country, its ideals and the community of 8 fellow men; 9 NOW, THEREFORE, BE IT RESOLVED 10 that this legislative body pause in its 11 deliberations to honor Juanita "Terry" Lochner, 12 New York State Department President, American 13 Legion Auxiliary and member of the Gerald O'Neil 14 Post 1683 of Rensselaer, New York, upon the 15 occasion of her selection for special 16 recognition at a Welcome Home Week End to be 17 celebrated at the Ramada Inn, Albany, New York, 18 on June 17, 1995 recognizing the significance of 19 her contributions and the importance of her 20 commitment to the American Legion, her fellow 21 veterans and the citizens of this great state 22 and nation; and 23 BE IT FURTHER RESOLVED that a 10813 1 copy of this resolution, suitably engrossed, be 2 transmitted to Juanita "Terry" Lochner, 3 Rensselaer, New York. 4 ACTING PRESIDENT RATH: The 5 question is on the resolution. Senator Kuhl. 6 SENATOR KUHL: Yeah, Madam 7 President, I didn't hear that. Could we have 8 the Secretary read that again, please? 9 ACTING PRESIDENT RATH: Which 10 part didn't you hear? 11 SENATOR KUHL: I'm just kidding. 12 I would move the resolution. 13 ACTING PRESIDENT RATH: Question 14 is on the resolution. All those in favor 15 signify by saying aye. 16 (Response of "Aye.") 17 Opposed? 18 (There was no response. ) 19 The resolution is passed. 20 Senator Kuhl. 21 SENATOR KUHL: Yes, Madam 22 President, could we just stand at ease for a 23 moment awaiting the report of the Senate Finance 10814 1 Committee. 2 ACTING PRESIDENT RATH: Senate 3 shall stand at ease. 4 (Whereupon at 11:25 a.m., the 5 Senate stood at ease until 11:33 a.m.) 6 SENATOR SKELOS: Madam 7 President. 8 ACTING PRESIDENT RATH: Senator 9 Skelos. 10 SENATOR SKELOS: If we could 11 return to reports of standing committees, I 12 believe there's a report from the Finance 13 Committee. 14 ACTING PRESIDENT RATH: Report 15 from the Finance Committee. 16 THE SECRETARY: Yes. 17 ACTING PRESIDENT RATH: Secretary 18 shall read. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, reports the 21 following confirmation: Edward F. Cox, of New 22 York City, member of the Board of Trustees of 23 the State University of New York. 10815 1 SENATOR SKELOS: Madam 2 President. 3 ACTING PRESIDENT RATH: Senator 4 Skelos. 5 SENATOR SKELOS: As we do the 6 confirmations, can we please have a little order 7 in the chamber, please. 8 ACTING PRESIDENT RATH: Some 9 order has been requested. 10 SENATOR SKELOS: Would you please 11 recognize Senator LaValle. 12 ACTING PRESIDENT RATH: Senator 13 LaValle. 14 SENATOR LAVALLE: Thank you, Mr. 15 President. 16 If I might be allowed the liberty 17 just to make just a general statement before 18 talking about the nominee, Edward F. Cox, the 19 Governor has appointed five trustees as his 20 first nominees to the SUNY Board of Trustees at 21 a very, very important and challenging juncture 22 in the history of the State University. 23 I, as chairman and members of the 10816 1 committee, both Majority and Minority members, 2 had an opportunity to spend time with the 3 trustees to really get to know them, to exchange 4 views as people who are involved in public 5 service and who care about our great State 6 University. I am very, very confident that all 7 of the five trustees will bring, as the 8 committee members have seen, a great sense of 9 exitement, a great sense of duty, and their 10 talents -- their talents are immense, and those 11 talents and the energy and their own individual 12 and collective visions will, at this very 13 important time, get the State University of New 14 York moving in the right direction. 15 Today it is a great privilege for 16 me to move the nomination of Ed Cox, who is from 17 the 1st Senatorial District, who, if you look at 18 his vita, would -- is very, very impressive. 19 He's not only an attorney but a person who has 20 committed himself to both national and 21 international organizations. His commitment for 22 public service is preeminent. He brings the 23 energy that I talked about, a very, very sharp 10817 1 and keen intellect with wonderful analytical 2 skills which I think is something that will be 3 very, very valued in the process that the 4 trustees will be going through in looking at 5 budgets and trying to make important policy 6 decisions at this -- at this juncture. 7 It is wonderful to know that a 8 person like Ed Cox is willing to give of himself 9 in this very, very important endeavor. He was 10 raised in Eastern Long Island, and so I am very 11 proud, as I have said, and privileged to move 12 the nomination. 13 Ed Cox is joined here today with 14 his wife, Patricia Nixon Cox, and his son 15 Christopher. 16 Madam President, I move the 17 nomination. 18 ACTING PRESIDENT RATH: The 19 question is on the confirmation of Edward F. Cox 20 as a member of the SUNY Board of Trustees. All 21 those in favor, signify by saying aye. 22 (Response of "Aye.") 23 Opposed? 10818 1 (There was no response. ) 2 Edward F. Cox is hereby confirmed 3 as a member of the SUNY Board of Trustees. 4 Congratulations, Mr. Cox. Welcome. We're very 5 happy to have you serve. 6 (Applause) 7 Secretary shall read. 8 THE SECRETARY: Senator Stafford, 9 from the Committee on Finance, reports the 10 following nomination: Candace deRussy, of 11 Bronxville, member of the Board of Trustees of 12 the State University of New York. 13 ACTING PRESIDENT RATH: Senator 14 Spano. 15 SENATOR SPANO: Mr. President, 16 thank you. It's my pleasure to move the 17 nomination of Candace deRussy, who is a West 18 chester resident and someone who has had an 19 outstanding career as an academic, as someone 20 who has served as a trustee of the Westchester 21 Community College, is very well educated, holds 22 a doctorate, has been a member of many different 23 organizations in Westchester County, has served 10819 1 us well, and will serve the Governor well, and 2 all of us, as a member of the Board of Trustees 3 of the State University. 4 So it's my pleasure, Mr. 5 President -- Madam President, to -- to move the 6 nomination of Candace deRussy. 7 ACTING PRESIDENT RATH: The 8 question is on the confirmation of Candace 9 deRussy as a member of the SUNY Board of 10 Trustees. All those in favor signify by saying 11 aye. 12 (Response of "Aye.") 13 Opposed? 14 (There was no response. ) 15 Candace deRussy is hereby 16 confirmed as a member of the SUNY Board of 17 Trustees. Congratulations, and welcome. 18 The Secretary will read. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, reports the 21 following nomination: Thomas F. Egan, of Rye, 22 member of the Board of Trustees of the State 23 University of New York. 10820 1 ACTING PRESIDENT RATH: Senator 2 Spano. 3 SENATOR SPANO: Thank you, Madam 4 President. It's also my pleasure to stand in 5 support of the nominee, Tom Egan, to serve as a 6 member of the Board of Trustees of the State 7 University. 8 I've known Tom Egan for a number 9 of years. He has served as a board member of 10 the MTA, where he chaired several committees and 11 subcommittees, has served as a former trustee of 12 Marymount College in Westchester County, is 13 another outstanding Westchester County resident, 14 has a distinguished career in business and will 15 serve us all well, and it's my pleasure to move 16 the nomination of Tom Egan as a member of the 17 Board of Trustees of the State University. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Lavalle. 20 SENATOR LAVALLE: Mr. President, 21 I also rise and move to second the nomination of 22 Thomas Egan, who is the vice-chairman designee, 23 a very, very important position in the govern 10821 1 ance structure of the board and we have had - 2 Mr. Egan and I have had several opportunities to 3 talk about his feelings, about the State 4 University, his vision for the State University, 5 but once again and I hate to sound repetitive, 6 but you have had the opportunity to look at the 7 backgrounds of the individuals who we are 8 confirming today. They are very, very 9 substantial. 10 Mr. Egan's background is as an 11 attorney, as a person who is involved in many 12 boards and has been involved in higher education 13 and, as Senator Spano said, on the MTA. I am 14 very, very confident that he will provide the 15 kind of leadership, and he has already because 16 the almost instant bonding and coming together 17 of these five trustees whom we are confirming 18 today is due because of his leadership in 19 bringing people together, getting them focused 20 and I'm sure that it's just the beginning. So 21 it's a pleasure to rise with Senator Spano in 22 moving the nomination, Mr. President. 23 SENATOR MARCELLINO: Thank you, 10822 1 Senator LaValle. 2 Senator Stachowski. 3 SENATOR STACHOWSKI: Mr. 4 President, I, too, would like to second the 5 nomination of Thomas Egan. His background, 6 obviously, is very impressive. The fact that he 7 is from Westchester notwithstanding couldn't 8 hold him back from his college education which 9 happened to be at Holy Cross. He entered Holy 10 Cross in 1967, with many other illustrious 11 people who graduated from there, and I think 12 that his experience there will be nothing but an 13 asset in helping him to make decisions in 14 helping SUNY university get to the point that we 15 want to get it to; and so it's my pleasure also 16 to join in the seconding of his nomination. 17 ACTING PRESIDENT MARCELLINO: The 18 question is on the confirmation of Thomas F. 19 Egan as a member of the SUNY Board of Trustees. 20 All in favor, signify by saying 21 aye. 22 (Response of "Aye.") 23 Opposed, nay. 10823 1 (There was no response.) 2 Thomas F. Egan is hereby 3 confirmed as a member of the SUNY Board of 4 Trustees. 5 Congratulations. 6 (Applause.) 7 Secretary will read. 8 THE SECRETARY: Senator Stafford, 9 from the Committee on Finance, reports the 10 following nomination: 11 Pamela R. Jacobs of Buffalo, 12 member of the Board of Trustees of the State 13 University of New York. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Rath, why do you rise? 16 SENATOR RATH: Mr. President, I 17 rise to support the nomination of Pam Jacobs as 18 a trustee of the SUNY Board of Trustees. 19 I rise with a great deal of pride 20 in a friend from back home, the other end of the 21 state, and to not only congratulate the other 22 trustees, as I have come to know them the last 23 couple of days, but to say a word about Pam, who 10824 1 is eminently qualified by virtue of her 2 educational background, her community service 3 that appears on her vitae as a Who's Who of 4 Western New York all by herself, as director, 5 vice-president, chairman, of all the 6 influential, hard-working boards throughout our 7 community. 8 But beyond that, Pam brings to 9 this position an enthusiasm and a dedication 10 that will help bond and weld together the 11 various interests that all of the new trustees 12 have with the one interest that they all have in 13 common, and that is, that SUNY moves forward as 14 we know it can with the business community, with 15 the young people of the State of New York in 16 concert with the state government under the 17 leadership of Senator Ken LaValle. 18 We look forward to a wonderful 19 number of years with you all. 20 Congratulations, and Pam in 21 particular. 22 Thank you. 23 ACTING PRESIDENT MARCELLINO: 10825 1 Senator Stachowski. 2 SENATOR STACHOWSKI: Mr. 3 President, I would rise to second the nomination 4 of Pam Jacobs. I think that her background is 5 quite impressive. I think that her dedication 6 to various public institutions and the energy 7 she brings to them has been very widely known in 8 the Buffalo area. I think that she will do 9 nothing but add to the SUNY Board in working 10 together with Senator LaValle and the rest of 11 the people interested in shaping SUNY. I think 12 she'll be a positive asset and one that we'll 13 all be proud of, and with that, I was happy to 14 have this opportunity to second. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator. 17 Senator Volker. 18 SENATOR VOLKER: Mr. President, 19 I, too, want to compliment the Governor, and I 20 have over the last few days. In fact, I think 21 three of the five nominees I have previously 22 known before yesterday's meeting with them, and 23 I must say that I think they probably represent, 10826 1 as I think has already been said, the strongest 2 group of nominees that certainly I have ever 3 seen since I have been in this Capitol. 4 Of course, I would especially 5 like to give my seconding to Pamela Jacobs. I 6 have known Pam for many years. She's a personal 7 friend. I think she's probably not only one of 8 the most qualified people to be nominated to the 9 SUNY position, but also one of the prime movers 10 in the Buffalo area, as Mary Lou has mentioned 11 and as Bill Stachowski has mentioned. 12 I really got to know Pam Jacobs 13 through the Roswell Park Memorial Institute of 14 which she was a founding member of a group of 15 people, the Roswell Park Alliance, that is most 16 responsible for redirecting the Roswell Hospital 17 of Buffalo and, as a result of actions taken 18 here in this Capitol, the Legislature and the 19 Governor have agreed to a massive expansion of 20 the Roswell Park Memorial Institute, which I 21 think will catapult that institution into the 22 21st century as maybe the outstanding cancer 23 hospital in the country. 10827 1 Pam, as I say, was not only a 2 founding member of the Roswell Alliance but, in 3 my opinion, the driving force behind that 4 alliance's work which led to the improvements of 5 the hospital. 6 In addition to that, of course, 7 she has wide experience in teaching and so many 8 other areas. I must say, that aside from being 9 a personal friend, that the people of the 10 Buffalo area, I think, look at Pam Jacobs as one 11 of the most respected people in the Western New 12 York. Her husband, Dr. Larry Jacobs, is one of 13 the most renowned researchers in multiple 14 sclerosis and, in fact, has just recently 15 embarked on a new project that involves 16 hospitals all across the state. 17 I can only say, again, my 18 congratulations to the Governor for having 19 presented not only Pam, who is an excellent 20 nominee, but all the nominees, I think, who 21 represent the best and the brightest as far as 22 the state is concerned and as far as the SUNY 23 Board of Trustees; but I, of course, especially 10828 1 want to say my thanks to the Governor for giving 2 us Pam, and I know that she'll make one of the 3 best SUNY trustees that we've ever had. 4 ACTING PRESIDENT MARCELLINO: The 5 question is on the confirmation of Pamela R. 6 Jacobs as a member of the SUNY Board of 7 Trustees. 8 All those in favor, signify by 9 saying aye. 10 (Response of "Aye.") 11 Opposed, nay. 12 (There was no response.) 13 Pamela R. Jacobs is hereby 14 confirmed as a member of the SUNY Board of 15 Trustees. 16 Congratulations. 17 (Applause.) 18 Secretary will read. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, reports the 21 following nomination: 22 Edward S. Nelson, Esq., of 23 Norwich, Member of the Board of Trustees of the 10829 1 State University of New York. 2 SENATOR SEWARD: Mr. President. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Seward. 5 SENATOR SEWARD: Yes. 6 Mr. President, I'm very pleased 7 and honored today to rise to move the 8 confirmation of Edward S. Nelson to be a member 9 of the SUNY Board of Trustees. 10 Ed Nelson is from Norwich in 11 Chenango County, is born in Norwich, has stayed 12 in Norwich and has become a real pillar of that 13 community as well as the entire Central New York 14 Region. 15 Ed Nelson graduated from Norwich 16 High School, Colgate University, as well Cornell 17 Law School, and he has been in private practice 18 in the Norwich area since 1957 and, in that 19 capacity, he truly has had a distinguished 20 career. 21 He is a former city judge of 22 Norwich. He is a member of the Committee on 23 Professional Standards for the Third Department, 10830 1 and he is active in numerous community 2 activities in that area. Not much good happens 3 in our region of New York State without Ed 4 Nelson's involvement in some way. 5 I would also like to point out 6 that among his other titles and accomplishments, 7 he is also the father-in-law of Assemblyman John 8 Ravitz. 9 As has been noted, the SUNY 10 system as a whole is facing some very 11 challenging times, and there are many challenges 12 ahead for the SUNY system as we restructure, 13 dealing with the fiscal constraints that we all 14 must deal with at this time, but I'm fully 15 confident that Ed Nelson has the solid 16 background as well as a vision for the future to 17 make a tremendous contribution to this state as 18 a member of the Board of Trustees of SUNY. 19 As we went through the meetings 20 this morning at the Higher Education Committee, 21 Ed Nelson mentioned as his top priority, as 22 having the SUNY system be a system - 23 SENATOR MARCELLINO: Senator 10831 1 Seward, excuse me. 2 Ladies and gentlemen, can we have 3 a little order in the house. It's very 4 difficult to hear. 5 Thank you very much. 6 SENATOR SEWARD: Mr. President, 7 as we went through the Higher Education 8 Committee meeting this morning, Ed Nelson 9 mentioned as his top priority as having the SUNY 10 system to be one with emphasis on excellence. 11 With that thought in mind, Mr. 12 President, I would like to congratulate the 13 Governor for this outstanding nomination of 14 Edward S. Nelson, as well as the other four 15 nominees to be trustees of the SUNY system. I 16 think that the SUNY system under their 17 stewardship will emerge stronger than ever and 18 in making an even more meaningful contribution 19 to the future of this state. 20 Mr. President, I'm pleased to 21 move the nomination of Edward S. Nelson. 22 ACTING PRESIDENT MARCELLINO: 23 Thank you, Senator Seward. 10832 1 Senator Cook. 2 SENATOR COOK: Mr. President, I 3 also wish to endorse the nomination of Ed Nelson 4 and the confirmation of Ed Nelson. Even though 5 we aren't personal friends, he certainly is 6 somebody I know from reputation. By Upstate 7 standards, he is a neighbor even though that is 8 several miles away. 9 But certainly, as Senator Seward 10 has indicated, his leadership in the community 11 is exemplary. Certainly, he brings that same 12 quality to the trustees. 13 I am particularly pleased because 14 I know that he knows the importance of the 15 agricultural and technical colleges within the 16 SUNY system, and I'm sure -- I certainly hope 17 that the other trustees recognize this, as 18 well. 19 We are entering, in fact, an era 20 when the role of the various institutions may 21 well be reevaluated, and I hope that all these 22 trustees will understand that the ag' and tech' 23 colleges have provided a unique role within the 10833 1 SUNY system and that, indeed, they need to be 2 strengthened and supported through the years. 3 I know that Ed Nelson, for one, 4 and probably the others as well, recognizes that 5 as well and, therefore, I am very enthusiastic 6 about endorsing his nomination and moving that 7 the Senate confirm him. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Maltese. 10 SENATOR MALTESE: Mr. President, 11 I would be remiss if I did not rise to endorse 12 and second the nomination not only of Ed Nelson 13 but of all five nominees. 14 This is the eve of a new era. 15 Senator Cook, the distinguished chairman of the 16 Education Committee, and Senator LaValle, the 17 distinguished chairman of the Higher Education 18 Committee, have both been heard from today with 19 reference to these nominees; but, most 20 certainly, Governor Pataki has been heard from 21 in the nomination of these distinguished 22 personages who are going to take a leading role 23 in the higher education of our youth. 10834 1 Certainly our education system, 2 while it is among the best in the country, is in 3 need of assistance and, in this case, these 4 nominees will provide a very able assistance 5 and, more importantly, leadership. 6 They will have a difficult task 7 ahead of them, and in the brief conversations 8 that we had and the more extensive conversations 9 and discussions that they have had among 10 themselves and with experts here in the state 11 and representatives of the Governor and the 12 Legislature, they've indicated very definitely 13 that they plan to give of themselves, their 14 time, their efforts and experience to improve 15 and refine our education system here in New 16 York. 17 This will redound to the benefit 18 of not only our youth but all the people of our 19 state and our country. New York can again be 20 the paramount state; New York can again be the 21 Empire State in higher education, and we are 22 here to witness that, and this, of course, is a 23 very significant step with the appointment of 10835 1 these fine people. 2 I am very proud to second the 3 nomination of Mr. Nelson and all the five 4 distinguished trustees. 5 ACTING PRESIDENT MARCELLINO: 6 Thank you, Senator. 7 Senator Stavisky. 8 SENATOR STAVISKY: Mr. President, 9 I believe Senator Wright wished to speak on this 10 nomination. Am I correct? 11 Then I would like to defer until 12 all who wish to speak on this nomination have 13 completed, and then I will ask for the floor. 14 ACTING PRESIDENT MARCELLINO: As 15 you wish, sir. 16 Senator Wright. 17 SENATOR WRIGHT: Thank you, 18 Senator Stavisky. 19 Mr. President, I rise to second 20 the nomination not only of Ed Nelson but all 21 five of the nominations to the SUNY Board of 22 Trustees. 23 I rise in support of these 10836 1 nominations, first, to congratulate the Governor 2 on the caliber of individual that he has sent us 3 to serve on the Board of Trustees, but also to 4 reiterate the importance of the challenges that 5 all five of these individuals and their 6 colleagues are going to be facing. 7 The SUNY system is at a critical 8 crossroads in terms of the future of the State 9 University in this state. I happen to represent 10 a district that is home to four of those SUNY 11 units, and we're very proud of what they provide 12 not only to the residents and students of this 13 state but also the importance that they serve to 14 our local economies and, as my colleague, 15 Senator Cook, has pointed out, it's extremely 16 important that there is a recognition of the 17 role of the ag' and technical schools within the 18 SUNY system. 19 As we have been through this 20 budget discussion over the past five months, 21 SUNY has been a critical aspect of that debate 22 and, fortunately, through the good leadership of 23 Senator LaValle and the members of the Higher 10837 1 Education Committee, we have come through that 2 budget process with, I believe, reasonable 3 compromises and consensus that will help move 4 the SUNY system along. 5 At the same time, we found out a 6 number of very real concerns in dealing with the 7 administration of the State University system, 8 very real concerns that I have with regards to 9 what I believe are an institutional bias against 10 the ag' and tech' institutions, a heavily 11 emphasized placement on the university centers 12 in disproportionate emphasis to the balance of 13 that State University system throughout the 14 entire system, a recognition that we have to 15 support the various components of the State 16 University system as they relate to the local 17 economy and the educational opportunities for 18 many of our rural students in rural areas of 19 this state. 20 All of those challenges, in 21 addition to the broader systemwide and fiscal 22 resource challenges, are part of what these new 23 trustees are going to face. 10838 1 I, for one, as a member of this 2 Senate look forward to working with those 3 individuals, look forward to establishing a new 4 and enriched dialogue between the Legislature 5 and the SUNY Board of Trustees so that we can 6 achieve our mutual objectives of providing an 7 excellent educational opportunity to the 8 residents of this state. 9 So it's with a great deal of 10 pleasure that I stand this morning to support 11 and endorse the five nominees and congratulate 12 each of them, as well as the Governor, on their 13 selection. 14 Thank you, Mr. President. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator. 17 Senator Stavisky. I'm sorry. 18 Senator Leibell. 19 SENATOR LEIBELL: Thank you. 20 Mr. President, if I can, briefly, 21 also lend my support to these very excellent 22 appointments that have been made today, and if I 23 can briefly comment in particular on the 10839 1 designation of Ed Cox. I was out of the chamber 2 previously -- or earlier, when his name first 3 came up. 4 I have had the opportunity to 5 know Ed Cox for some time now and, as I look at 6 his resume which has been put before us, I have 7 to tell you that I'm particularly impressed that 8 we have a man with such a background, such 9 intelligence, such fine character, who has come 10 forward and offered his services to the people 11 of the state of New York. 12 I think it's a great omen for the 13 future that we are able to attract individuals 14 of such caliber to public service. With that in 15 mind, I would like to support these designations 16 and, in particular, to note my comments on 17 Edward Cox. 18 Thank you, Mr. President. 19 ACTING PRESIDENT MARCELLINO: 20 Thank you, Senator. 21 Senator Mendez. 22 SENATOR MENDEZ: Thank you, Mr. 23 President. 10840 1 Mr. President, I just rise in 2 support of the five nominees. I am excited 3 about their qualifications for that position. 4 I really must congratulate 5 Governor Pataki as well as our colleague, 6 Senator LaValle, for an excellent job that he 7 does as the chairperson of the Higher Education 8 Committee and his total involvement with 9 anything that has to do with higher education. 10 I just felt -- I feel it's very 11 important to let these wonderful, bright, 12 dedicated educators think about one important 13 public policy which is very necessary to be 14 looked upon. The State University of New York 15 has been increasingly becoming the State 16 University for people who are -- for more 17 affluent people. In a sense, the children of 18 the working poor are being driven out of the 19 university because of the continuous increase in 20 tuition that is demanded. 21 Yes, the university is still a 22 cheap place for the kind of education that it 23 provides; however, for people who do not have 10841 1 the money, then it's unavailable. So that I 2 hope that these five nominees will deal with the 3 policy question of instituting -- instituting a 4 scale in terms of tuition so that it will 5 provide more opportunities for those who do not 6 have and that are highly qualified to benefit 7 from the kind of institutions that we have in 8 all the colleges in the State University of New 9 York. 10 Thank you, Mr. President. 11 ACTING PRESIDENT MARCELLINO: 12 Thank you, Senator Mendez. 13 Senator Stavisky, the cleanup 14 hitter. 15 SENATOR STAVISKY: I waited until 16 the very end so that the statements in support 17 of the nominees for Trustee to the State 18 University of New York could all be made, and I 19 rise not in opposition. I rise to express a 20 caveat that we must be aware of as we vote on 21 this list of recommendations from the Governor. 22 They are all exceptionally well 23 qualified in their respective fields. They all 10842 1 bring great professional and business 2 credentials. Some have exceptional educational 3 credentials, and I think that that is fine. 4 But as I reviewed the list, the 5 list of five names from the Governor, I was 6 impressed by the fact that virtually none -- I 7 think, with one exception -- virtually none of 8 the nominees has had an association with public 9 higher education, institutions such as SUNY or 10 CUNY which are part of the heritage of New York 11 State and which provide educational 12 opportunities for those who are not necessarily 13 affluent and, therefore, might not have another 14 chance for an education. 15 There are members of the 16 Legislature in this house and in the Assembly 17 who would not be here were it not for the 18 availability of SUNY and CUNY, including this 19 legislator, and I have had the benefit of 20 receiving an education at part of the City 21 University of New York before it was known by 22 that name. It was called City College of New 23 York, which regularly produced more candidates 10843 1 for a Ph.D. at Harvard than from any other 2 college in the country. I have also been the 3 beneficiary of an education at Columbia 4 University, where I received my Master's degree 5 and Doctor of Philosophy degree. 6 I walked both sides of the street 7 with regard to academic affiliations, both in 8 the public sector at SUNY as well as CUNY, and 9 in the private sector including Colgate 10 University, which is the alma mater of one of 11 the candidates. 12 These are exceptional candidates, 13 but it would have been even more exceptional and 14 more valuable if some if not all of the 15 candidates had some qualifications that related 16 to public higher education, and that I think is 17 a flaw in the selection process. 18 The Governor may not have been 19 aware when he chose these exceptional 20 individuals that he was overlooking the public 21 sector for public sector trusteeships. 22 We are in a period where there's 23 not all of the money in the world, when the 10844 1 public sector and the private sector in higher 2 education and in other fields may, in fact, be 3 competing against one another, and I wonder, 4 does the list of nominees of SUNY trusteeships 5 have the sympathy and the compassion and the 6 understanding to recognize that when there is 7 pressure to increase the tuition at SUNY or CUNY 8 in order to bring the tuition at the public 9 colleges closer to the private colleges and 10 universities, that they are advocates for the 11 public institutions? 12 Do they also realize that when a 13 governor or, in fact, the legislature may not 14 provide enough funding for public higher 15 education -- and public funding over recent 16 years has declined from 80 percent state support 17 at the senior colleges to something perilously 18 close to 40 percent, and the only other source 19 if the state does not meet its obligation is to 20 impose this on the backs of the students through 21 tuition. There will be families throughout the 22 state of New York who will not be able to send 23 two or three youngsters to college if the 10845 1 tuition keeps climbing as it has done in recent 2 years. 3 It is no longer free tuition at 4 CUNY or SUNY. That was abolished in 1975-76. 5 But these people have an obligation to tell 6 those who are pressing for higher tuition that 7 they do not wish to make it unavailable for 8 students who can not afford the private 9 university tuition, and I think that is a 10 failing in the system. That is a factor that 11 flaws what is otherwise an exceptionally good 12 set of recommendations submitted by the 13 Governor. 14 My advice to them, stand up for 15 the public higher educational institutions. You 16 are stewards and trustees in those institu 17 tions. Be mindful of your allegiance to the 18 private universities. Go to your alumni 19 reunions. Continue supporting the private 20 universities through your resources. But 21 remember, public tax money has to be spent to 22 improve public higher education in New York 23 State. 10846 1 With that misgiving, with that 2 caveat, I ask them to stand up also even to 3 their recommender, the Governor of the state of 4 New York, if he fails to provide enough support 5 in terms of financial resources for SUNY, and be 6 prepared to stand up for the private university 7 and the public university both, and not to 8 succumb to pressures from one at the expense of 9 the other. 10 With these misgivings, I have 11 hope and I have confidence that these people who 12 are before us will carry out their responsi 13 bilities in an exemplary manner and, for that 14 reason, I will vote for all five of these 15 nominations and ask that it be a unanimous vote. 16 Thank you. 17 ACTING PRESIDENT MARCELLINO: The 18 Chair recognizes Senator Marchi. 19 SENATOR MARCHI: Mr. President, 20 it is certainly very appropriate to have the 21 references that were made by Senator Stavisky on 22 the structural and academic aspects of the 23 institution itself and its importance. It is 10847 1 worthwhile, I think, to reflect, very briefly at 2 least, on the genesis of the State University. 3 I was here at the time of its 4 formation. I know that on the year prior to 5 launching a very serious construction effort and 6 thoughtful effort on this great educational 7 institution, when the governor, then Governor 8 Rockefeller, submitted the plan to provide six 9 gyms for six teacher colleges in the state of 10 New York, that was all he asked, and in an 11 attempt to balance some of the excessive 12 expenses that were there present without 13 invading or generating other taxes, these were 14 scratched. 15 It was at that point that the 16 Governor convened us, singularly and in small 17 groups, to go over the whole problem of the 18 burgeoning baby boom presence that was now 19 becoming available to the educational system in 20 circumstances where we were not in a position to 21 take care of them in the State of New York. 22 The expansion that had taken 23 place after World War II in all of the private 10848 1 institutions -- and, of course, New York State 2 is premier -- its professional auspices that 3 they provided was ample and provided the very 4 finest education in the State of New York. But 5 we had this huge mass of young men and women 6 coming to the fore requiring, for the greatness 7 of this state and the fulfillment of their own 8 aspirations, a far greater expansion in public 9 education -- on the same terms that Senator 10 Stavisky pointed out -- and it was at that time 11 that this grand design was formulated and during 12 that period -- this is only a little over three 13 decades ago, the State University of New York - 14 not the University of the State of New York but 15 the State University of New York -- was put 16 together throughout the length and breadth of 17 this state, and it was only a matter of maybe 18 seven or eight years ago that we graduated the 19 millionth -- millionth -- graduate. 20 At the same time that we were 21 doing this, the state of New Jersey was not able 22 to take on with their own resources more than 40 23 percent of the students that were graduating 10849 1 from their high schools; and we quickly moved to 2 provide educational opportunity to all of our 3 young men and women. Not only that, there were 4 students that came from other states to take 5 advantage of what we were doing in this state. 6 So it took individuals who had a 7 fine appreciation of academic excellence, who 8 knew the burdens that it would take, and the 9 deployment and the siting of facilities 10 throughout the state of New York, if this crying 11 problem was to be met fairly and squarely; and 12 this was done, Mr. President, because of a 13 faithful commitment that governors -- and I have 14 to give Nelson Rockefeller primary credit for 15 giving this a very fast and substantial start 16 and sustenance and also successive legislatures 17 supporting this very worthy objective. 18 So that today, taking into 19 consideration that work has to be done, 20 institutions have to be refurbished and new 21 problems arise and new technology and ways of 22 harnessing the knowledge and the maturing of 23 thought, in the humanities, in technical 10850 1 subjects, in so many different areas, in an 2 enlightened way so that it embellishes the claim 3 of this Empire State, and in all future 4 endeavors, this is -- this lies as a great 5 institution. 6 And what was done in the City 7 University, Lester Granger, who was former 8 Director of the Urban League and a member of the 9 Board of Trustees of the State University, 10 cooperated in developing also, programs that 11 amplified opportunities in our urban setting in 12 the City University, and I remember very clearly 13 working closely with him to effect this purpose. 14 So, Mr. President, we are indeed 15 fortunate that the Governor has nominated five 16 individuals who have that clarity of vision, who 17 in their own lives and in other pursuits have 18 demonstrated the kind of leadership, the kind of 19 understanding, that sensitivity to intellectual 20 pursuit and culture and all of the disciplines 21 that make for a great civilization. These are 22 all present. 23 So we take confidence and we take 10851 1 comfort from the fact that you five are there 2 and that we helped you get there and, as Senator 3 Stavisky said, he wishes you all well. We join 4 in that, in that augury. We wish you well in 5 those efforts because this is the most important 6 work that we can possibly do, investment in our 7 human resources at their highest and best 8 levels, and to the extent that you are 9 successful and that it will take wings under 10 your tutelage, it will certainly inure to the 11 benefit of this state in every conceivable way. 12 Mr. President, this is indeed a 13 fortunate day. We have five very fine exemplars 14 who are going to be assuming that position, and 15 I believe, if the past is prologue, we ain't 16 seen nothing yet. 17 Good luck. 18 ACTING PRESIDENT MARCELLINO: 19 Thank you, Senator. 20 The Chair recognizes Senator 21 LaValle to close. 22 SENATOR LAVALLE: Thank you, Mr. 23 President. Today is really a unique experience 10852 1 in this chamber because I can't remember a time 2 where we have confirmed nominees and the 3 members, both sides of the aisle, have talked 4 about more than just the nominees. 5 The trustees have seen today that 6 the members of this chamber feel very deeply 7 about the State University of New York and they 8 have expressed that in a whole variety of ways 9 and statements that they have made on this floor 10 today. I can not remember when that has been 11 done before, because tradition is the members 12 get up, as we have, and talk about the 13 individual nominees. This is their day. It is 14 very important. Their families are proud of 15 them and they should be proud of themselves in 16 what they have accomplished in the past and 17 being recognized by the Governor and by the 18 members of this body. 19 Across the board, everyone has 20 said that our Governor should be congratulated 21 in making these nominees, and he should. They 22 are bright and they are energetic, and they will 23 in a very, very important juncture get things 10853 1 moving in the right direction. 2 I know more than many of the 3 members here had the opportunity to speak to the 4 trustees personally, one on one. I will tell 5 you that the trustees are by temperament and 6 discipline individual and independent thinkers, 7 and I would say, Senator Stavisky, that the 8 trustees will bring all of their rich 9 experiences into the decision-making process. 10 But as they expressed, one by 11 one, at today's committee meeting, they will 12 make that judgment based on the fact that they 13 are trustees of the State University of New 14 York, that they value access, and they value 15 excellence, and they will be approaching their 16 duties and responsibilities afresh, on a clean 17 slate, making decisions that the Governor and 18 that we in this chamber and in the Assembly will 19 be proud of. 20 Today, I am, as chairman, very, 21 very proud of all of you for participating in 22 the way you did, because one of the things that 23 has been lacking is a dialogue, a rich dialogue, 10854 1 one on one between the Legislature and the 2 trustees. We look at each other as being 3 participants in institutions, but we forget that 4 we are human beings in public service, and we 5 want to do a good job for the people who have 6 given their trust to us and today, we have, I 7 think, built a bridge all the way to the State 8 University that says, "Let's talk. Let's create 9 a dialogue. Let's attack the problems that are 10 ahead of us. Let's be part of the solution, not 11 part of the problem." 12 And so, today -- and, actually, 13 it began weeks ago, with the trustees visiting 14 the members, the dinner we had last night, 15 today's committee meeting, and the remarks that 16 have been made on the floor. It provides the 17 ambiance and the ethos that is necessary for us 18 to succeed. 19 I talked about Vice-Chairman Tom 20 Egan who, from the time that the Governor 21 mentioned that he was a nominee, brought people 22 together. They themselves, these five trustees, 23 have begun to focus on what needs to be done, 10855 1 and that first was communication, and, you know, 2 we have really succeeded. 3 Lastly, in just closing, our 4 State University is, as Senator Marchi talked 5 about, an investment that we make in human 6 intellectual resources. I have said over and 7 over again on this floor that our State 8 University and, indeed, all of higher education 9 can and should be part of our economic 10 development strategy in this state. I think 11 that the trustees that we have confirmed here 12 today understand that, and they will, I am sure, 13 do us all proud in moving forward with their 14 duties and their responsibilities. 15 Again, we have confirmed these 16 nominees, yet we are making statements to enrich 17 the dialogue and begin a dialogue on the right 18 foot; and so, as chairman, I thank all of you 19 for participating and making the process a very 20 rich and important one. 21 ACTING PRESIDENT MARCELLINO: 22 Thank you, Senator LaValle. 23 The question is on the 10856 1 confirmation -- in case anyone forgot -- of 2 Edward S. Nelson as a member of the SUNY Board 3 of Trustees. 4 All those in favor, signify by 5 saying aye. 6 (Response of "Aye.") 7 All opposed, say nay. 8 (There was no response.) 9 Edward S. Nelson is hereby 10 confirmed as a member of the SUNY Board of 11 Trustees. 12 Congratulations, ladies and 13 gentlemen. 14 (Applause.) 15 Clerk will read. 16 THE SECRETARY: Senator Stafford, 17 from the Committee on Finance, reports the 18 following nomination: 19 Floyd Patterson, of New Paltz, 20 member of the State Athletic Commission. 21 SENATOR COOK: Mr. President. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Bruno. 10857 1 SENATOR BRUNO: Thank you, Mr. 2 President. 3 Mr. President, I'm very pleased 4 to speak on behalf of the former Heavyweight 5 Champion of the World, who has really 6 represented boxing, sports, as an athlete for a 7 lot of years in this state. 8 He is in the Hall of Fame of 9 Boxing. Started his career early, won a Gold 10 Medal in the Olympics in Helsinki, I believe in 11 '52. Has served as a commissioner here in New 12 York State previously; served the City of New 13 York as a commissioner, their sports commission. 14 But one of the things that has 15 impressed me the most about this champion is 16 that he has related to young people since 1972. 17 He has had a very formal program, working with 18 young people, teaching them about life, about 19 boxing, about living. He has really been an 20 inspiration to young people. 21 He will be a role model to all 22 people, and I don't think that there is anyone 23 more qualified, by his background, by his 10858 1 disposition, by his experience, to serve as 2 Chair of the New York State Athletic Commission 3 than Floyd Patterson. 4 I'm honored to speak on his 5 behalf, Mr. President. 6 ACTING PRESIDENT MARCELLINO: 7 Senator Cook. Chair recognizes Senator Cook. 8 SENATOR COOK: Mr. President, 9 Floyd Patterson's name wouldn't be before us 10 today if he were simply a former champion or a 11 former celebrity because, indeed, he is very 12 much a champion yet today. 13 He is a champion because he is a 14 champion for human beings. He cares about the 15 kids of this state. He cares about their 16 futures. He cares enough that he continues day 17 by day to give of himself to ensure that other 18 kids have an opportunity to grow up in a healthy 19 kind of atmosphere, and I think those are the 20 attributes -- aside from all of his professional 21 qualifications, it's those attributes of human 22 caring that are very, very important in an 23 athletics commissioner, of someone who realizes 10859 1 that athletics are a tool for human growth, and 2 I am very, very proud to have him as a resident 3 of my district, and very pleased that he is 4 receiving this confirmation today. 5 ACTING PRESIDENT MARCELLINO: 6 Senator DeFrancisco. 7 SENATOR DeFRANCISCO: I rise to 8 second the nomination of Floyd Patterson. 9 I just met him today, but it's 10 pretty obvious by meeting Floyd Patterson the 11 type of individual he is. He exudes class. 12 He's a class individual. It's obvious the 13 character that he has, and the way he expresses 14 himself is from the heart. 15 He really wants to take on this 16 job, and he really wants to take it on for the 17 good of the sport of boxing, a sport that has 18 assisted a lot of people in this state, assisted 19 people in building character as well as building 20 their talents in a very, very difficult sport. 21 I was also impressed by his 22 desire to help the youth in his community. For 23 23 years he's been doing that. He's been 10860 1 teaching them not only how to box but, much more 2 importantly, the importance of caring for 3 yourself, your physical well-being means you 4 don't get involved in drugs. It means you don't 5 do things that place yourself and your family at 6 risk. It means that you are building your 7 character based upon the physical conditioning 8 that you are putting yourself through. 9 The discipline brings on the 10 responsibility; and just listening to him talk, 11 you know he means it and you know his whole life 12 has exemplified that. 13 I wish everyone here could have 14 met him and just spoken to him for a few 15 minutes. This is a great appointment. This is 16 going to be great for the State of New York. 17 Those of you who -- you probably 18 could not believe that this man is 60 years 19 old. He's in better shape than anybody in this 20 chamber. I can guarantee you that, and if you 21 shake his hand, it's like shaking a vise. It's 22 strong, it's got character. 23 He's a great individual. It's 10861 1 truly exciting for me to rise to second his 2 nomination, a great American and someone who is 3 going to do wonderful things in the state of New 4 York not only for boxing but for the youth of 5 our state. 6 Thank you for being willing to 7 take this responsibility on, Mr. Patterson. 8 It's my pleasure to rise to second your 9 nomination. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Skelos, who is also in shape? 12 SENATOR SKELOS: Mr. President, I 13 just want to point out to Senator DeFrancisco 14 that we are deeply honored to have Floyd 15 Patterson, the Champ, with us. But committee 16 assignments are made by the Majority Leader, and 17 when you say that there is nobody in this 18 chamber in better shape than the Champ, Senator 19 Bruno was taken aback, because he still does the 20 nine flights of stairs when he goes to his 21 office. 22 But I would like to rise because 23 I go back to 1956 when -- and I'm dating myself 10862 1 now -- when I was 8 years old, lived in 2 Rockville Centre, my home community, where I've 3 lived all my life, and how proud I was going to 4 my elementary school, Hewett School, and it 5 being announced -- well, we all knew at that 6 point that our Rockville Centre resident Floyd 7 Patterson had become the Heavyweight Champ of 8 the World. 9 Talking to the Champ before, he 10 knew my grandfather's bakery in Rockville 11 Centre, and I know that's where he got his 12 strength, as did "Duke" Snider when he would 13 come in and buy the peach pies when he was 14 playing with the Dodgers and then with the Mets, 15 later on. 16 But, Champ, you were a model for 17 all of us as youngsters growing up in the 18 Rockville Centre community, and certainly I am 19 absolutely delighted and honored to get up at 20 this time to join with so many of the members 21 seconding your nomination. 22 Congratulations to you. 23 ACTING PRESIDENT MARCELLINO: 10863 1 Chair recognizes Senator Larkin. 2 SENATOR LARKIN: Mr. President, I 3 rise to second the nomination of Floyd 4 Patterson. 5 You know, everybody talks about 6 the Champ. He really is a champ because in the 7 district that he lives in -- I know he lives in 8 Senator Cook's district in New Paltz, but I get 9 to see him a lot because that's where my oldest 10 daughter lives now. 11 But, you know, the theory that 12 young people in our area that know him, it isn't 13 just in New Paltz. It isn't just a selected 14 area. I don't think that there's ever been a 15 function that involved young people, no matter 16 where it is in this state, that he hasn't been 17 called upon to go because he wants to give young 18 people an image of what life is all about, that 19 you don't have to be the rough and tumble, that 20 you can be somebody who is a friend to somebody 21 else, and he's taught the people. 22 The people that go to the gym, 23 they know that there are certain standards that 10864 1 they must meet. It isn't just, "I'll walk in 2 and put on a pair of gloves." You walk in and 3 put on a pair of gloves, the guy that you might 4 be facing might be some 60-year-old guy, it's 5 like John DeFrancisco says, who looks like when 6 we were all 28. 7 But he's been a model. He's been 8 there. He's been out there to let our young 9 people know and, you know, I think the Governor, 10 when he said the other day in his announcement 11 about Floyd Patterson will bring back to New 12 York the pride it had in the profession of 13 boxing, we have lost it all. As you know, they 14 go to the casinos in Las Vegas, and they go to 15 Atlantic City. Well, with the help of my good 16 friend, Nick Spano, and the Majority Leader, 17 when we have casinos, I can imagine, as I said 18 to Floyd earlier this morning, when he 19 introduces the Governor and says, "Governor, 20 this is the first professional fight in our 21 casinos." 22 This is a great champ for all of 23 New York. 10865 1 Thank you very much. 2 ACTING PRESIDENT MARCELLINO: 3 Chair recognizes Senator Mendez. 4 SENATOR MENDEZ: Mr. President, I 5 also want to rise to congratulate Governor 6 Pataki as well as Senator Bruno for presenting 7 this man for being nominated for the position in 8 the Athletic Commission. 9 I know a lot about Floyd 10 Patterson. I had never ever met the gentleman 11 until a few minutes ago, and I had the 12 delightful opportunity of talking to him. 13 My first question to him, Mr. 14 President, was, "Tell me. Do you still have 15 that mean punch?" And he told me that yes, he 16 does, that what is lost in boxers is the 17 reflexes but, other than that, the mean punch 18 remains. But I was taken -- and I read a lot 19 about the gentleman. I was taken by the fact 20 that in his interpersonal relationships, he is 21 such a gentle, gentle person. 22 I know that he has been in the 23 forefront of helping young people grow with more 10866 1 self-fulfillment and actualization by serving as 2 their model. I have never seen a champion of 3 the world who has carried that crown with such 4 elegance and dignity as Mr. Patterson has. 5 And, finally, Mr. President, he 6 really is competent, and he has brought great 7 glory to our country when he was, in 1952, in 8 the Olympics, when he won the Gold Medal. So 9 this is a happy day, and we're very fortunate 10 and honored to have him serve on the boxing 11 commission. 12 Thank you, Mr. President. 13 ACTING PRESIDENT MARCELLINO: 14 Thank you, Senator. 15 Senator Paterson. 16 SENATOR PATERSON: Thank you, Mr. 17 President. 18 I grew up being asked all the 19 time if I was related to Floyd Patterson, who I 20 have never met. It was not because of my boxing 21 prowess but the similarity of names, but I spell 22 my name with one "t". 23 There is a great deal of 10867 1 conversation now about role models and athletes 2 and their relationship with younger people. 3 There is no person that we can be naming to any 4 commission that would have been more of a role 5 model than Floyd Patterson. 6 His service to our country, his 7 visiting the Presidents, his responsibility to 8 youth really stand as a very unique gesture, and 9 this is an appointment that I think has come now 10 and probably should have come a long time ago. 11 I agree with Senator Larkin that 12 it would be great if we can bring boxing back to 13 New York State. I hope that this appointment 14 will be a catalyst to achieving that. 15 All I want Floyd Patterson to 16 know is what kind of a role model he was to me. 17 There were two fights that he was in I'll never 18 forget. One was in May of 1968, when he was 19 beaten by Jerry Quary in Los Angeles, 20 California, in the elimination to replace the 21 title vacated when it was stripped from Muhammad 22 Ali. I have no idea who judged that fight. 23 Even I could see that this was a clear-cut 10868 1 decision for Floyd Patterson. Then, in October 2 1969, in my opinion, he destroyed Jimmy Ellis, 3 for the WBA championship and the Refs gave the 4 decision to Jimmy Ellis, and I couldn't believe 5 it. 6 But what I will never forget was 7 the humility and the understanding and just the 8 maturity that he displayed in his post-fight 9 interviews, and he had to be very upset on the 10 inside based on the results of those decisions. 11 So, Floyd, I have tried to follow 12 in your footsteps because I lose in this chamber 13 every day! 14 (Laughter.) 15 And the one thing I thought I did 16 right, I came here -- has anyone not seen me in 17 this chamber for one second? And I read this 18 newspaper article, I didn't even make the top 19 five in attendance. 20 (Laughter.) 21 But I'm not mad. I'm not upset. 22 ACTING PRESIDENT MARCELLINO: The 23 house will not laugh at the Senator's comments, 10869 1 please. 2 (Laughter.) 3 SENATOR PATERSON: And I really 4 think that this is a marvelous appointment. I 5 congratulate Governor Pataki and all of you who 6 came together who lent your support to this 7 nomination, to this very distinguished member of 8 all communities, who I think will serve the 9 state very well. 10 Thank you. 11 ACTING PRESIDENT MARCELLINO: 12 Senator, as one who made the list, I choose to 13 recognize Senator Hoffmann at this time. 14 SENATOR HOFFMANN: Thank you, Mr. 15 President. 16 I'm delighted to rise to second 17 the nomination of Floyd Patterson for the 18 Athletic Commission, and I've had the distinct 19 pleasure of having met him on previous occasions 20 when he has been kind enough to come into the 21 48th Senate District to visit the International 22 Boxing Hall of Fame and, as a member of this 23 State Legislature over a number of years, I have 10870 1 had the opportunity -- indeed, the privilege - 2 of being able to assist the Boxing Hall of Fame 3 in its growth. 4 During that time, we have had a 5 considerable amount of scrutiny by the media, by 6 the public, by the taxpayers, about boxing, 7 about what it means to regard boxing heroes as 8 role models, and it's given me an opportunity to 9 come to know Floyd Patterson and some of the 10 other individuals who are now permanently 11 revered as legitimate American heroes in the 12 heart of upstate New York in Canastota. 13 During this whole process, this 14 scrutiny of what boxing means, the one 15 indisputable fact that comes true every single 16 time people ask the question, the answer is 17 discipline, self-discipline, determination, a 18 willingness to prevail over time against 19 unbelievable hurdles, against unbelievable odds, 20 a willingness to be one's personal best. 21 We have so few opportunities to 22 see that in practice in other areas of our 23 existence that we must seize the opportunity 10871 1 where we have it, whenever we have it, to 2 instill in young people those values, and to 3 have an individual like Floyd Patterson who has 4 so unalterably demonstrated those criteria, 5 being willing to serve, being willing to travel 6 the state. 7 He has already demonstrated that 8 he will travel the state. I have seen people in 9 this chamber before who are here for 10 confirmation for the very first time, and this 11 was about as far from New York City as they ever 12 came before, and they never got as far as my 13 district, much less the Niagara Frontier, the 14 North Country, the Southern Tier, or little 15 places like Jamestown. 16 But I know that beyond any 17 question of a doubt, Floyd Patterson will make 18 those journeys, that he will serve as the role 19 model that we're looking to see reach the young 20 people of this state and to bring an important 21 element of nobility and determination to the 22 Athletic Commission of New York State. 23 ACTING PRESIDENT MARCELLINO: 10872 1 Thank you, Senator. 2 Senator Goodman. 3 SENATOR GOODMAN: Mr. President, 4 I would like to reflect for a moment on a bit of 5 history unknown to any member of this chamber, I 6 think, which involves the humanitarian instincts 7 of the great champion, Floyd Patterson. 8 A number of you know Richard 9 Rosenbaum who, at one time among other things, 10 was a judge of this state, a very delightful, 11 bubbly personality who fancied himself to be 12 rather an astute boxer as a result of his 13 captaining of his boxing team at, I believe it 14 was Hobart College; and one day in a charity 15 event Mr. Rosenbaum found himself pitted against 16 the Champ in a real boxing ring for what was 17 featured as a two-round bout of great 18 consequence. 19 It turned out that Mr. Rosenbaum, 20 feeling his oats in the first round and bouncing 21 around like a jumping bean, landed a light punch 22 to the shoulder of the champion and, in return, 23 what was generally described as a love pat was 10873 1 administered by the champion and Mr. Rosenbaum 2 found himself lying on the canvas face up 3 staring at the lights. 4 He indicated that this was, of 5 course, a slip of his foot, but those who 6 observed it thought that perhaps he was a little 7 bit overmatched, and we all felt that it was an 8 act of great charity on the part of the champion 9 to allow Mr. Rosenbaum to leave that ring 10 alive. 11 May I say on a more serious note 12 that the Senate Investigations Committee several 13 years ago had occasion to investigate the death 14 in the ring of a boxer named Willie Classen that 15 led, in turn, to a very careful examination of 16 the ground rules and the safety precautions that 17 need to be taken for boxing, and I can recall a 18 conversation with the Champ at that time about 19 this problem and recall his great sensitivity 20 about the need for increased safety precautions 21 at the ring. 22 Among other things, one of the 23 things that was done was to make available for 10874 1 all major fights a certified neurologist who 2 could determine whether a fighter, in effect, 3 was out on his feet as a result of a blow to the 4 head and to try to avoid in the future the 5 development of injuries and hematomas of the 6 sort that resulted in the ultimate death of 7 Willie Classen. 8 As he assumes his new duties, I'm 9 confident that the Champ will be mindful of the 10 fact that boxing can be a dangerous sport when 11 not properly supervised, but when properly 12 supervised, it's an extraordinarily wonderful 13 sport with great spectator interest and, indeed, 14 gives opportunities to youngsters who might 15 otherwise never have a chance to make the big 16 time and to find the keys to the gates which 17 imprison them in very bad living conditions. 18 And so, Champ Patterson, I can 19 only say it's a particular privilege and a 20 pleasure to second your nomination, and to 21 express to you our general wish for your good 22 luck in your highly important and sensitive new 23 position. 10875 1 ACTING PRESIDENT MARCELLINO: The 2 Chair recognizes Senator Stachowski. 3 SENATOR STACHOWSKI: Mr. 4 President. I, too, rise to second the 5 nomination of Floyd Patterson. 6 It was quite interesting to hear 7 him speak at two committee meetings. Having 8 been familiar with him as one of the boxing 9 champions as I was growing up, I thought this is 10 just such a thrill to meet him, and then to hear 11 him focus, though, on work he's done in his gym, 12 helping young people, it's just -- it was a very 13 good example of why I think he'll be a positive 14 example on this floor and do a great job on the 15 commission. 16 I'd like to point out for Senator 17 Skelos' information that Senator DeFrancisco is 18 absolutely correct in saying he's the best 19 conditioned 60-year-old, notwithstanding Senator 20 Bruno's walking up and down the stairs. I mean 21 Senator Bruno starts out with a disadvantage in 22 this comparison and for two reasons. One is Joe 23 dabbled in boxing, and I don't think he was 10876 1 nearly as successful; and, two, I believe Floyd 2 Patterson has both of his own hips which would 3 be a distinct advantage in any long distance 4 running he might take up. 5 But it's a pleasure to second the 6 nomination, and I believe that Floyd Patterson 7 will not only do a great job but will be a 8 tremendous example to the people of the state of 9 New York. 10 ACTING PRESIDENT MARCELLINO: 11 Chair recognizes Senator Marchi. 12 SENATOR MARCHI: Mr. President, 13 perhaps Mr. Patterson was not surprised when he 14 saw our Majority Leader get up and lead off on 15 seconding the nomination. The truth is, Mr. 16 Patterson, Floyd, that he laced the gloves on 17 himself when he was in the service. He did lace 18 the gloves on himself, and I believe he must 19 have been a light heavyweight, if I'm right. 20 I'm right. 21 I mentioned the fact to Floyd 22 that I had done the same thing some years 23 earlier than the Majority Leader and that I did 10877 1 have my short span of a boxing career, which 2 included working out with Gus Lesnevich, who at 3 that time was Light Heavyweight Champion of the 4 World. He said, "Well, a funny thing is your 5 nose isn't punched in." You'll remember, Floyd, 6 that his favorite punch was a right onto the 7 heart, and if you reflect on that and you see me 8 limping along sometimes and favoring my left 9 side, you'll know why. 10 Floyd Patterson not only deserves 11 all of the good things that have been said about 12 him professionally as a human being, we also 13 know that this is a deeply religious and 14 spiritual individual. He has that dimension, 15 and I think it graces and adds luster to 16 everything that he does. 17 Certainly, with so many of the 18 facts that are already part of our general 19 knowledge, I think it augurs well for the 20 responsibilities which he resumes because he's 21 been doing it continuously anyway but, under 22 these auspices, it augurs well and certainly he 23 leaves this chamber with our best wishes. 10878 1 ACTING PRESIDENT MARCELLINO: 2 Senator Espada. 3 SENATOR ESPADA: Thank you, Mr. 4 President. 5 Certainly, I would like to join 6 the chorus of applause and celebration of this 7 appointment and thank the Governor for that. 8 The Champion has always 9 transcended boxing. Cus D'Amato would be very, 10 very proud today. Joey Torres called me last 11 night and told me about this appointment. Joey 12 Torres is one of the D'Amato kids along with Mr. 13 Patterson, and character was always really the 14 basic tenet of that school of living that Cus 15 D'Amato led. 16 We watched the champion nurture 17 and undertake a guardianship and then actually, 18 adopting Tracy Patterson, made him a champion, 19 and we look forward to that kind of magnificence 20 being shared throughout all the 61 state 21 Senatorial Districts. 22 I welcome you to the South Bronx, 23 where we need you desperately, and I 10879 1 congratulate you, sir. 2 Thank you. 3 ACTING PRESIDENT MARCELLINO: The 4 question is on the confirmation of Floyd 5 Patterson as a member of the State Athletic 6 Commission. 7 All those in favor, signify by 8 saying aye. 9 (Response of "Aye.") 10 Opposed, nay. 11 (There was no response.) 12 Floyd Patterson is hereby 13 confirmed as a member of the State Athletic 14 Commission. 15 Congratulations. 16 (There was a standing ovation.) 17 The Secretary will read. 18 THE SECRETARY: Senator Stafford, 19 from the Committee on Finance, reports the 20 following nomination: 21 Christina Hernandez, of Albany, 22 member of the Crime Victims Board. 23 ACTING PRESIDENT MARCELLINO: 10880 1 Chair recognizes Senator Hoblock. 2 SENATOR HOBLOCK: Thank you, Mr. 3 President. 4 Mr. President, it gives me great 5 pleasure to move the nomination of Christina 6 Hernandez as a member of the Crime Victims 7 Board. 8 Ms. Hernandez is a resident of 9 the city of Albany and has worked as a 10 residential service provider at Catholic 11 Charities. She has a Master's Degree in Social 12 Work from the University at Albany, has an 13 advanced certificate in Women and Public Policy 14 from Rockefeller School of Public Affairs and 15 Policy, and she's a former fellow at the Center 16 for Women in Government, Incorporated. 17 She currently works as a research 18 assistant to the counsel at the Department of 19 Environmental Conservation. 20 Ms. Hernandez is a strong 21 advocate for victim rights and has studied and 22 worked in the area of human services and social 23 welfare. 10881 1 Mr. President, the victims of 2 crime in our society have indeed cried out to 3 this state to show them compassion, to listen to 4 their needs and to demonstrate a commitment that 5 the rights of the victims are more important 6 than those of the criminal. 7 I believe, Mr. President, that 8 Ms. Hernandez is one of those compassionate 9 individuals, and she will be an articulate and 10 strong voice who will protect victim rights and 11 also lend a sympathetic ear to the individuals 12 and families who need that type of help. 13 It is with a great deal of 14 pleasure, again, that I move this nomination, 15 Mr. President. Ms. Hernandez, as an experienced 16 counselor, will be a wonderful addition to the 17 Crime Victims Board. 18 Thank you. 19 ACTING PRESIDENT MARCELLINO: 20 Thank you, Senator. 21 The Chair recognizes Senator 22 Mendez. 23 SENATOR MENDEZ: Mr. President, I 10882 1 rise to second the nomination of Christina 2 Hernandez, and I really want to congratulate 3 Governor Pataki for nominating this young, 4 bright and committed Puerto Rican young woman to 5 a position where her skills will be devoted - 6 as Senator Hoblock mentioned, will be devoted to 7 ease the pain that the victims' families do feel 8 after a loved one has been victimized. 9 As a Puerto Rican woman myself, 10 when I saw the name Christina Hernandez, I said, 11 "Wonderful!" This lovely Puerto Rican, bright, 12 competent young woman is being recognized for 13 her skills and she will be making a great 14 contribution to the victims of crime. 15 Thank you. 16 ACTING PRESIDENT MARCELLINO: 17 Excuse me, Senator Mendez. Excuse me for one 18 second. 19 A little order in the house, 20 please. 21 Senator, I'm sorry. 22 SENATOR MENDEZ: Thank you, Mr. 23 President. 10883 1 ACTING PRESIDENT MARCELLINO: The 2 question is on the confirmation of Christina 3 Hernandez as a member of the Crime Victims 4 Board. 5 I'm sorry. Senator Montgomery. 6 SENATOR MONTGOMERY: Yes. 7 Mr. President, I rise to second 8 the nomination also and to congratulate the 9 Governor on this appointment. 10 I just want to say, even though I 11 don't know personally Christina Hernandez, I am 12 very familiar with the work of the Center for 13 Women in Government, and I think this is one 14 more instance where the work of that center has 15 really produced for the state of New York the 16 kind of leadership, especially among young 17 women, that we all hope for and we all wish 18 for. There, the Center is doing it. 19 I have had several fellows from 20 the Center for Women in Government, including 21 this year I have a young woman, Esther Jackson, 22 who is a fellow, and I'm very proud to have been 23 part of the development and the exposure and the 10884 1 ability to gain a new insight into this aspect 2 of government for young women. I learn from 3 them, and I hope they learn from me. 4 So it is with a great deal of 5 pride that I rise to say congratulations to 6 Christina. I know that you will do a good job, 7 and I would like to think, at least, that part 8 of your success and your vision and your 9 understanding and your leadership comes because 10 you had experiences like the fellowship with the 11 Center for Women in Government. 12 Congratulations. 13 ACTING PRESIDENT MARCELLINO: The 14 question is on the confirmation of Christina 15 Hernandez as a member of Crime Victims Board. 16 All those in favor, signify by 17 saying aye. 18 (Response of "Aye.") 19 Opposed, nay. 20 (Response of "Nay.") 21 Christina Hernandez is hereby 22 confirmed as a member of the Crime Victims 23 Board. 10885 1 Congratulations. 2 (Applause.) 3 Secretary will read. 4 THE SECRETARY: Senator Stafford, 5 from the Committee on Finance, reports the 6 following nomination: 7 Charles F. Marotta, Esq., of the 8 Bronx, member of the Crime Victims Board. 9 SENATOR VELELLA: Mr. President. 10 ACTING PRESIDENT MARCELLINO: The 11 Chair recognizes Senator Velella. 12 SENATOR VELELLA: Mr. President, 13 it's with a great deal of pleasure and pride 14 that I support the nomination of Charles 15 Marotta, a lifelong friend and resident of the 16 Bronx. Mr. Marotta has served as a prosecutor 17 in the Attorney General's office and has served 18 for the last 20 years as an administrative law 19 judge at the Workers' Compensation Bureau. 20 He has shown himself to be an 21 outstanding leader in this field. As a member 22 of the Workers' Compensation Board, he's been 23 elected to office by his colleagues within that 10886 1 board and certainly has led a very exemplary 2 life and career in the law and in 3 administration. 4 He will add to the Crime Victims 5 Compensation Board the expertise that he has had 6 as a Workers' Compensation judge and his 7 expertise as a prosecutor. 8 It is with a great deal of pride 9 that I move the nomination of Charles A. Marotta 10 as a member of the Crime Victims Compensation 11 Board. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Gold. 14 SENATOR GOLD: Yes, Mr. 15 President. I rise to support the nominee; and 16 Senator Dollinger, I think it was, made a 17 comment last week about the variance in quality 18 of appointments that we seem to be getting from 19 the Governor when it comes to the judicial and 20 to some other branches, and I thought the 21 comment was pretty well taken, and I thought the 22 nominations to the judiciary were very, very 23 extraordinary, and I thought some of the others 10887 1 were not. 2 This is one which I must say I 3 think the Governor did very, very well. The 4 background of Mr. Marotta is excellent. He is a 5 person of experience and someone who we know, 6 when he gets the job, he is going to have a 7 background that is going to lead him through day 8 by day without that worrying about him being 9 blindfolded. 10 It's a good nomination. Senator 11 Velella, you did good on this one, and I support 12 the nominee. 13 ACTING PRESIDENT MARCELLINO: The 14 question is on the confirmation of Charles F. 15 Marotta as a member of the Crime Victims Board. 16 All those in favor, signify by 17 saying aye. 18 (Response of "Aye.") 19 Opposed, nay. 20 (There was no response.) 21 Charles F. Marotta is hereby 22 confirmed as a member of the Crime Victims 23 Board. 10888 1 Congratulations, Mr. Marotta. 2 (Applause.) 3 Secretary will read. 4 THE SECRETARY: Senator Stafford, 5 from the Committee on Finance, reports the 6 following nomination: 7 David H. Feinberg, of New York 8 City, Director of the New York State Urban 9 Development Corporation. 10 ACTING PRESIDENT MARCELLINO: 11 Chair recognizes Senator Goodman on the 12 nomination. 13 SENATOR GOODMAN: Mr. President, 14 I'm pleased to be able to place in nomination 15 Mr. David H. Feinberg of 993 Fifth Avenue, New 16 York City. 17 ACTING PRESIDENT MARCELLINO: 18 Senator, would you excuse me for one second. 19 Ladies and gentlemen, we can't 20 hear. Please. 21 Thank you. 22 SENATOR GOODMAN: Mr. Feinberg 23 has a very distinguished record. The education 10889 1 background on him is most impressive. He is a 2 graduate, in 1963, of Princeton University in 3 the Woodrow Wilson School of Public and 4 International Affairs. He graduated from 5 Harvard Law School in 1967. 6 He was previously an investment 7 banker with the distinguished firm of S.G. 8 Wahrburg & Company in London, worked for the 9 Chemical Bank and for the United States Agency 10 for International Development in Washington, 11 D.C. 12 He is presently a leader in the 13 firm of Feinberg Realty and Construction, which 14 is active in all phases of real estate, 15 including home building, apartment building 16 ownership and land development. 17 Although I do not know Mr. 18 Feinberg personally, I can say that he has come 19 highly recommended, and I feel certain will do 20 outstanding work as a member of the board of the 21 Urban Development Corporation. 22 ACTING PRESIDENT MARCELLINO: The 23 question is on the confirmation of David H. 10890 1 Feinberg, as a director of the New York State 2 Urban Development Corporation. 3 All those in favor, signify by 4 saying aye. 5 (Response of "Aye.") 6 Opposed, nay. 7 (There was no response.) 8 David H. Feinberg is hereby 9 confirmed as a director of the New York State 10 Urban Development Corporation. 11 Senator Velella. 12 SENATOR VELELLA: Mr. President, 13 can we return to the regular calendar and take 14 up Calendar 1494. 15 ACTING PRESIDENT MARCELLINO: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1494, by Senator Hoblock, Senate Print 5539, an 19 act to amend the Military Law, in relation to 20 application for Civil Service examinations. 21 SENATOR VELELLA: Is there a 22 message at the desk? 23 ACTING PRESIDENT MARCELLINO: 10891 1 There is a message at the desk, Senator. 2 SENATOR VELELLA: Move we accept 3 the message. 4 ACTING PRESIDENT MARCELLINO: The 5 motion is to accept the message of necessity. 6 All in favor, signify by saying 7 aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The message is accepted. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the same date as the 15 chapter of the laws of 1995. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 53. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 Senator Velella. 23 SENATOR VELELLA: Mr. President, 10892 1 would you now recognize Senator Rath for the 2 purpose of a resolution. 3 ACTING PRESIDENT MARCELLINO: 4 Chair recognizes Senator Rath. 5 SENATOR RATH: Mr. President, 6 earlier we thought we needed a privileged 7 resolution read in toto. We do not need it 8 read. It needs to be passed today, however, so 9 it can be distributed to the person who it's 10 honoring. 11 ACTING PRESIDENT MARCELLINO: 12 Secretary will read the title. 13 THE SECRETARY: By Senator Rath, 14 Legislative Resolution paying tribute to 15 Elizabeth Ryan Mahoney upon the occasion of her 16 80th birthday. 17 ACTING PRESIDENT MARCELLINO: 18 Question is on the resolution. 19 All in favor, signify by saying 20 aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (There was no response.) 10893 1 The resolution is passed. 2 Senator Velella, we have some 3 housekeeping at the desk. May we do that? 4 SENATOR VELELLA: Yes. Can we go 5 to housekeeping now. Do we have any 6 housekeeping? 7 ACTING PRESIDENT MARCELLINO: 8 Senator Kuhl. 9 SENATOR KUHL: Mr. President, on 10 behalf of Senator Lack, I wish to call up his 11 bill, Senate Print 3353, recalled from the 12 Assembly, which is now at the desk. 13 ACTING PRESIDENT MARCELLINO: 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 482, by Senator Lack, Senate Print 3353, an act 17 to amend the Civil Service Law and the Education 18 Law, in relation to the compensation of teaching 19 and research centers. 20 SENATOR KUHL: Mr. President, I 21 move to reconsider the vote by which this bill 22 was passed. 23 ACTING PRESIDENT MARCELLINO: The 10894 1 Secretary will call the roll on reconsideration. 2 (The Secretary called the roll on 3 reconsideration.) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is before the house. 7 Senator Kuhl. 8 SENATOR KUHL: I offer up the 9 following amendments. 10 ACTING PRESIDENT MARCELLINO: The 11 amendments are accepted, sir. 12 Senator Kuhl. 13 SENATOR KUHL: Mr. President, on 14 behalf of Senator Saland, I wish to call up his 15 bill, Senate Print 4013, recalled from the 16 Assembly, which is now at the desk. 17 ACTING PRESIDENT MARCELLINO: 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 953, by Senator Saland, Senate Print 4013, an 21 act to amend the Family Court Act, in relation 22 to law guardian representation. 23 SENATOR KUHL: Mr. President, I 10895 1 now move to reconsider the vote by which the 2 bill passed. 3 ACTING PRESIDENT MARCELLINO: The 4 Secretary will call the roll on reconsideration. 5 (The Secretary called the roll on 6 reconsideration.) 7 THE SECRETARY: Ayes 53. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is before the house. 10 Senator Kuhl. 11 SENATOR KUHL: Mr. President, I 12 offer up the following amendments. 13 ACTING PRESIDENT MARCELLINO: 14 Amendments are accepted. 15 Senator Kuhl. 16 SENATOR KUHL: Also, Mr. 17 President, on behalf of Senator Saland, I wish 18 to call up his bill, Senate Print 4025A, 19 recalled from the Assembly, which is now at the 20 desk. 21 ACTING PRESIDENT MARCELLINO: 22 Secretary will read. 23 THE SECRETARY: Calendar Number 10896 1 954, by Senator Saland, Senate Print 4025A, an 2 act to amend the Family Court Act and the 3 Domestic Relations Law, in relation to issuance 4 of mutual orders of protection. 5 SENATOR KUHL: Mr. President, I 6 now move to reconsider the vote by which the 7 bill passed. 8 ACTING PRESIDENT MARCELLINO: The 9 Secretary will call the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration.) 12 THE SECRETARY: Ayes 53. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is before the house. 15 Senator Kuhl. 16 SENATOR KUHL: Offer up the 17 following amendments. 18 ACTING PRESIDENT MARCELLINO: 19 Amendments are accepted. 20 Senator Kuhl. 21 SENATOR KUHL: Also, Mr. 22 President, on behalf of Senator Marchi, I wish 23 to call up his bill, Senate Print 2496, recalled 10897 1 from the Assembly, which is now at the desk. 2 ACTING PRESIDENT MARCELLINO: 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 165, by Senator Marchi, Senate Print 2496, an 6 act to amend the Public Authorities Law, in 7 relation to and for the purpose of enabling the 8 Dormitory Authority. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Kuhl. 11 SENATOR KUHL: I move to 12 reconsider the vote by which the bill passed the 13 house. 14 ACTING PRESIDENT MARCELLINO: The 15 Secretary will call the roll on reconsideration. 16 (The Secretary called the roll on 17 reconsideration.) 18 THE SECRETARY: Ayes 53. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is before the house. 21 Senator Kuhl. 22 SENATOR KUHL: Offer up the 23 following amendments. 10898 1 ACTING PRESIDENT MARCELLINO: 2 Amendments are accepted. 3 Senator Kuhl. 4 SENATOR KUHL: Also, Mr. 5 President, on behalf of Senator Sears, I wish to 6 call up his bill, Senate Print 1177, recalled 7 from the Assembly, which is now at the desk. 8 ACTING PRESIDENT MARCELLINO: 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 1019, by Senator Sears, Senate Print 1177, an 12 act to amend the Criminal Procedure Law and the 13 Education Law. 14 SENATOR KUHL: Move to reconsider 15 the vote by which the bill passed. 16 ACTING PRESIDENT MARCELLINO: The 17 Secretary will call the roll on reconsideration. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 53. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is before the house. 23 Senator Kuhl. 10899 1 SENATOR KUHL: Offer up the 2 following amendments. 3 ACTING PRESIDENT MARCELLINO: 4 Amendments are accepted. 5 Can we have some order so we can 6 get through the housekeeping, please. 7 Thank you. 8 Senator Kuhl. 9 SENATOR KUHL: Also, Mr. 10 President, on behalf of Senator Volker, I wish 11 to call up his bill, Senate Print 3620A, 12 recalled from the Assembly, which is now at the 13 desk. 14 ACTING PRESIDENT MARCELLINO: 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 527, by Senator Volker, Senate Print 3620A, an 18 act to amend the Penal Law, in relation to 19 trademark counterfeiting. 20 SENATOR KUHL: Mr. President, I 21 move to reconsider the vote by which the bill 22 passed the house. 23 ACTING PRESIDENT MARCELLINO: The 10900 1 Secretary will call the roll on reconsideration. 2 (The Secretary called the roll on 3 reconsideration.) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is before the house. 7 Senator Kuhl. 8 SENATOR KUHL: Mr. President, I 9 offer the following amendments. 10 ACTING PRESIDENT MARCELLINO: 11 Amendments are accepted. 12 Thank you, Senator. 13 Senator Velella. 14 SENATOR VELELLA: Mr. President, 15 there will be an immediate Republican conference 16 in the Republican Conference Room, and the 17 Senate will stand at ease during that 18 conference. 19 ACTING PRESIDENT MARCELLINO: 20 There will be an immediate conference of the 21 Majority in the Majority Conference Room, Room 22 332. 23 The Senate will stand at ease. 10901 1 (Whereupon, at 1:08 p.m., the 2 Senate was at ease until 2:37 p.m.) 3 SENATOR SKELOS: Mr. President. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Skelos. 6 SENATOR SKELOS: Will you 7 recognize Senator Seward. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Seward. 10 SENATOR SEWARD: Yes, Mr. 11 President. On page 6, I offer the following 12 amendments to Calendar Number 1480, Senate Print 13 Number 5182, and ask that the bill retain its 14 place on the Third Reading Calendar. 15 ACTING PRESIDENT MARCELLINO: 16 Without objection. 17 SENATOR SEWARD: On behalf of 18 Senator Kuhl, Mr. President, I wish to call up 19 his bill, Print Number 5087A, recalled from the 20 Assembly, which is now at the desk. 21 ACTING PRESIDENT MARCELLINO: 22 Secretary will read. 23 THE SECRETARY: Calendar Number 10902 1 1262, by Senator Kuhl, Senate Print 5087A, an 2 act to amend the Retirement and Social Security 3 Law, in relation to authorizing the Keuka Lake 4 Watershed Improvement Cooperative. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Seward. 7 SENATOR SEWARD: Mr. President, I 8 now move to reconsider the vote by which this 9 bill was passed. 10 ACTING PRESIDENT MARCELLINO: The 11 Secretary will call the roll on reconsideration. 12 (The Secretary called the roll on 13 reconsideration.) 14 THE SECRETARY: Ayes 54. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is before the house. 17 Senator Seward. 18 SENATOR SEWARD: Mr. President, I 19 now offer the following amendments to that bill. 20 ACTING PRESIDENT MARCELLINO: 21 Amendments are received and adopted. 22 Any other housekeeping? 23 Senator Skelos. 10903 1 SENATOR SKELOS: Mr. President. 2 There will be a Rules Committee meeting tomorrow 3 morning at 9:30 a.m. in Room 332 in the Capitol; 4 and there being no further business, the Senate 5 stands adjourned until tomorrow, June 28th, at 6 10:00 a.m. sharp. 7 ACTING PRESIDENT MARCELLINO: 8 Rules Committee meeting, 9:30 a.m. 9 On motion of Senator Skelos, the 10 Senate stands adjourned until 10:00 a.m. 11 tomorrow morning. 12 (Whereupon, at 2:43 p.m., the 13 Senate adjourned.) 14 15 16 17 18