Thursday, June 29, 1995

11394 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 29, 1995 10 10:05 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR WILLIAM J. LARKIN, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 11395 1 P R O C E E D I N G S 2 ACTING PRESIDENT LARKIN: The 3 Senate will come to order. All in attendance, 4 please rise, in the gallery too, and join me in 5 the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 In the absence of the clergy, may 9 we bow our heads in a moment of silence. 10 (A moment of silence was 11 observed.) 12 Reading of the Journal. 13 THE SECRETARY: In Senate, 14 Wednesday, June 28th. The Senate met pursuant 15 to adjournment, Senator Kuhl in the Chair upon 16 designation of the Temporary President. The 17 Journal of Tuesday, June 27th, was read and 18 approved. On motion, the Senate adjourned. 19 ACTING PRESIDENT LARKIN: Hearing 20 no objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 11396 1 Messages from the Governor. 2 Reports of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Bruno, 5 from the Committee on Rules, reports the 6 following bills: 7 Senate Print 257, by Senator 8 Maltese, an act to amend the Real Property Tax 9 Law, in relation to exemption of the real 10 property of seriously disabled veterans; 11 4057-A, by Senator Trunzo, an act 12 to amend the Civil Service Law, in relation to 13 providing for binding arbitration; 14 842, by Senator Padavan, an act 15 authorizing the city of New York to reconvey its 16 interest in certain real property acquired by in 17 rem tax foreclosure in the borough of Queens; 18 2599-A, by Senator Saland, an act 19 to amend the Family Court Act, in relation to 20 evaluating compliance; 21 3873-B, by Senator Marchi, an act 22 to amend the Real Property Law, in relation to 23 establishing a New York State Real Estate Board; 11397 1 5172, by Senator Hoblock, an act 2 to amend the Tax Law, in relation to the 3 imposition of sales and use taxes by the county 4 of Albany; 5 5436, by Senator Farley, an act 6 to amend the Banking Law, in relation to 7 interstate branching; 8 4322-A, by Senator Skelos, an act 9 to amend the Executive Law, in relation to 10 transactions involving services; 11 2998-A, by Senator Holland, an 12 act to amend the Executive Law, the Multiple 13 Dwelling Law and the Multiple Residence Law, in 14 relation to requiring standards for anti-scald 15 devices; 16 3578, by Senator Velella, an act 17 to amend the Administrative Code of the city of 18 New York, in relation to the participation of 19 part-time employees; 20 3616-B, by Senator Velella, an 21 act to amend the Agriculture and Markets Law, in 22 relation to labeling with kosher poultry; 23 4259, by Senator Maltese, an act 11398 1 to amend the General Municipal Law, in relation 2 to providing special accidental death benefits; 3 4263, by Senator Larkin, an act 4 to amend the Retirement and Social Security Law, 5 in relation to the establishment of 20-year age 6 50 retirement programs; 7 4355, by Senator Tully, an act to 8 amend the Public Health Law, in relation to 9 authorizing approved organizations; 10 4405, by Senator Holland, an act 11 to amend Chapter 653 of the Laws of 1984, 12 amending the Social Services Law; 13 4742-A, by Senator Leibell, an 14 act to authorize Tier 1 status for certain 15 members of the New York City Employees 16 Retirement System; 17 4854-A, by Senator Leibell, an 18 act to amend the General Municipal Law, in 19 relation to payment of certain special 20 accidental death benefits; 21 5196-C, by Senator Spano, an act 22 to amend the Workers' Compensation Law, in 23 relation to permitting the establishment of an 11399 1 alternative dispute resolution system; 2 5244-B, by Senator Sears, an act 3 to amend the Personal Property Law and others, 4 in relation to technical changes to the Motor 5 Vehicle Leasing Act; 6 5388, by Senator Tully, an act to 7 amend the Environmental Conservation Law and the 8 Town Law, in relation to the taking of 9 shellfish; 10 5397-A, by Senator Hannon, an act 11 to amend the Public Health Law, in relation to 12 the definition of general hospital and hospital; 13 5428-A, by Senator LaValle, an 14 act to amend the Education Law, in relation to 15 establishing a statewide voting day; 16 5435-A, by Senator Cook, an act 17 to amend the Education Law and the Local Finance 18 Law, in relation to annual meetings; 19 5443, by Senator Velella, an act 20 to amend the General Municipal Law, in relation 21 to creating the Bronx County Industrial 22 Development Agency; 23 5450, by Senator Galiber, an act 11400 1 authorizing the city of New York to reconvey its 2 interest in certain real property acquired by in 3 rem tax foreclosure in the borough of Bronx; 4 5456, by Senator Spano, an act to 5 amend the Labor Law, the Tax Law, the Public 6 Health Law and Chapter 545 of the Laws of 1978; 7 5465, by Senator Trunzo, an act 8 authorizing the Brentwood Union Free School 9 District. 10 ACTING PRESIDENT LARKIN: If you 11 have conversations, take it outside. The Clerk 12 is trying to read the bills that are coming out 13 of Rules. Continue. 14 THE SECRETARY: 5469-A, by 15 Senator Velella, an act to amend the Insurance 16 Law and the Public Health Law, in relation to 17 creation of a competitive market; 18 5486, by Senator Paterson, an act 19 to authorize Richard J. Mason, the deputy 20 executive director of the Renaissance Health 21 Care Network; 22 5509-A, by Senator DeFrancisco, 23 an act in relation to authorizing the county of 11401 1 Onondaga; 2 5514, by Senator Skelos, an act 3 to amend the Education Law, in relation to the 4 registration of voters; 5 5518, by Senator DiCarlo, an act 6 to amend the Real Property Tax Law, in relation 7 to making technical corrections; 8 5524, by Senator Skelos, an act 9 to repeal Section 31.04 of the Arts and Cultural 10 Affairs Law; 11 5526, by Senator Levy, an act to 12 declare an emergency in the Roosevelt Union Free 13 School District; 14 5528, by Senator DeFrancisco, an 15 act to amend the Highway Law, in relation to 16 designating a portion of the state highway 17 system; 18 5530, by Senator Cook, an act to 19 amend the Tax Law, in relation to the imposition 20 of additional taxes in the county of Ulster; 21 5521-A, by Senator Trunzo, an act 22 to amend Chapter 12 of the Laws of 1995, 23 relating to providing a retirement incentive; 11402 1 5542, by the Senate Committee on 2 Rules, an act to amend the Insurance Law and the 3 Vehicle and Traffic Law, in relation to 4 increasing the minimum limits; 5 5548-A, by Senator Sears, an act 6 to amend the Personal Property Law, the 7 Insurance Law and others; 8 And 3797-B, by Senator Smith, an 9 act in relation to authorizing the city of New 10 York to sell waterfront property. 11 All bills ordered directly for 12 third reading. 13 SENATOR BRUNO: I move, Mr. 14 President, that we adopt the report. 15 ACTING PRESIDENT LARKIN: All in 16 favor of accepting the Rules report signify by 17 saying aye. 18 (Response of "Aye".) 19 Those opposed, no. 20 (There was no response.) 21 The Rules report is adopted. 22 Report of select committees. 23 Communications from state 11403 1 officers. 2 Motions and resolutions. 3 Senator Farley. 4 SENATOR FARLEY: Thank you, Mr. 5 President. 6 On behalf of Senator Lack, on 7 page 8, I offer the following amendments to 8 Calendar 1522, Senate Print 5378, and I ask that 9 that bill retain its place on the Third Reading 10 Calendar. 11 ACTING PRESIDENT LARKIN: The 12 amendments are received. 13 SENATOR FARLEY: Mr. President, 14 on behalf of Senator Goodman, I wish to call up 15 his bill 3418, which was recalled from the 16 Assembly which is now at the desk. 17 ACTING PRESIDENT LARKIN: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 738, by Senator Goodman, Senate Print 3418, an 21 act to amend the Administrative Code of the city 22 of New York. 23 SENATOR FARLEY: I now move to 11404 1 reconsider the vote by which this bill was 2 passed. 3 ACTING PRESIDENT LARKIN: The 4 Secretary will call the roll on reconsideration. 5 (The Secretary called the roll on 6 reconsideration.) 7 THE SECRETARY: Ayes 41. 8 SENATOR FARLEY: I now offer the 9 following amendments. 10 ACTING PRESIDENT LARKIN: The 11 amendments are received. 12 SENATOR FARLEY: On behalf of 13 Senator Libous, on page 8, I offer the following 14 amendments to Calendar 1491, Senate Print 5441, 15 and I ask that that bill retain its place on the 16 Third Reading Calendar. 17 ACTING PRESIDENT LARKIN: The 18 amendments are received. 19 SENATOR FARLEY: On behalf of 20 Senator Spano, on page -- on Supplemental 21 Calendar Number 1, page 5, Calendar 1562, Senate 22 Print 5456, I offer the following amendments and 23 ask that that bill retain its place on the Third 11405 1 Reading Calendar. 2 ACTING PRESIDENT LARKIN: The 3 amendments are received. 4 SENATOR FARLEY: On behalf of 5 Senator Goodman, I wish to call up his bill, 6 Senate Print 3455-A, which was recalled from the 7 Assembly which is now at the desk. 8 ACTING PRESIDENT LARKIN: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 885, by Senator Goodman, Senate Print 3455-A, an 12 act to amend the Tax Law, in relation to 13 extending Section 1142-A. 14 SENATOR FARLEY: I now move to 15 reconsider the vote by which this bill was 16 passed. 17 ACTING PRESIDENT LARKIN: Call 18 the roll on reconsideration. 19 (The Secretary called the roll on 20 reconsideration.) 21 THE SECRETARY: Ayes 42. 22 SENATOR FARLEY: I now offer the 23 following amendments, Mr. President. 11406 1 ACTING PRESIDENT LARKIN: The 2 amendments are received. 3 Senator Bruno, we have a 4 substitution. 5 SENATOR BRUNO: Substitution 6 ordered. 7 ACTING PRESIDENT LARKIN: The 8 Secretary will read. 9 THE SECRETARY: On page 5, 10 Senator Goodman moves to discharge from the 11 Committee on Rules, Assembly Bill Number 6639-B 12 and substitute it for the identical Calendar 13 Number 755. 14 ACTING PRESIDENT LARKIN: The 15 substitution is ordered. 16 Senator Bruno, that brings us to 17 the calendar. 18 SENATOR BRUNO: Mr. President, 19 can we at this time take up the non 20 controversial calendar. 21 ACTING PRESIDENT LARKIN: There 22 are many bills on the calendar that are still 23 high. We have not received messages, so on the 11407 1 non-controversial, we'll only read those bills 2 that are live. 3 The Secretary will read. 4 THE SECRETARY: On page 4 - 5 ACTING PRESIDENT LARKIN: Once 6 again, if you have a conversation, please take 7 it outside. We have a lot of business to do 8 today. I also would like to remind members who 9 have bills on the calendar, please be in your 10 seat. We're not going to go search you out. 11 Continue. 12 THE SECRETARY: On page 4, 13 Calendar Number 583, by the Assembly Committee 14 on Rules, Assembly Print Number 7896-A, an act 15 to amend the Transportation Law, in relation to 16 requiring the Commissioner of Transportation to 17 take an annual inventory. 18 ACTING PRESIDENT LARKIN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LARKIN: Call 23 the roll. 11408 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 42. 3 ACTING PRESIDENT LARKIN: The 4 bill is passed. 5 THE SECRETARY: On page number 8, 6 Calendar Number 1501, by Senator Seward, Senate 7 Print 3377-A - 8 SENATOR PATERSON: Lay it aside. 9 ACTING PRESIDENT LARKIN: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 1538, by the Assembly Committee on Rules, 13 Assembly Print Number 8286, an act authorizing 14 the Dormitory Authority of the state of New York 15 to plan, design and acquire a facility. 16 ACTING PRESIDENT LARKIN: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LARKIN: Call 21 the roll. 22 (The Secretary called the roll.) 23 SENATOR TULLY: Mr. President. 11409 1 ACTING PRESIDENT LARKIN: Senator 2 Tully. 3 SENATOR TULLY: Point of 4 information. Are we going to do this calendar 5 from the beginning with Calendar 42 or are we 6 starting at the bottom? 7 ACTING PRESIDENT LARKIN: 8 Senator, we're only reading those bills that 9 have aged. There's a number of bills on the 10 calendar that haven't aged nor do we have 11 messages. So we're only reading those that are 12 actually live. 13 SENATOR SALAND: Point of 14 information. Can you please advise me what 15 calendar number we're on right now? 16 ACTING PRESIDENT LARKIN: We're 17 on the regular calendar. We're on Calendar 18 Number 1538 on page 9. 19 SENATOR SALAND: Thank you. 20 ACTING PRESIDENT LARKIN: Read 21 the last section. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1538 are Senator 11410 1 DiCarlo. Ayes 41, nays 1. 2 ACTING PRESIDENT LARKIN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1539, by the Assembly Committee on Rules, 6 Assembly Print Number 8285, an act to amend 7 Chapter 54 of the Laws of 1995. 8 ACTING PRESIDENT LARKIN: Call 9 the roll -- read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LARKIN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT LARKIN: 16 Announce the results. 17 THE SECRETARY: Ayes 41, nays 1, 18 Senator DiCarlo recorded in the negative. 19 ACTING PRESIDENT LARKIN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1541, by Senator Bruno, Senate Print 5541, an 23 act to amend the Public Authorities Law, in 11411 1 relation to the Saratoga County Water Authority. 2 ACTING PRESIDENT LARKIN: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LARKIN: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 45. 10 ACTING PRESIDENT LARKIN: The 11 bill is passed. 12 SENATOR SKELOS: Mr. President, 13 would you - 14 ACTING PRESIDENT LARKIN: Senator 15 Skelos. 16 SENATOR SKELOS: Would you please 17 call up Senator Seward's bill, Calendar Number 18 1501. 19 ACTING PRESIDENT LARKIN: The 20 Secretary will read. 21 THE SECRETARY: On page 8, 22 Calendar Number 1501, by Senator Seward, Senate 23 Print 3377-A, an act to amend the General 11412 1 Municipal Law, in relation to conflict of 2 interest. 3 SENATOR PATERSON: Explanation. 4 ACTING PRESIDENT LARKIN: 5 Explanation asked for. 6 Senator Seward. 7 SENATOR SEWARD: Yes. Mr. 8 President, this bill deals with the issue of 9 updating some of the conflict of interest 10 provisions in the General Municipal Law. 11 Just as a matter of background, 12 Section 801 of the General Municipal Law is the 13 blanket prohibition against the conflict of 14 interest for municipal officers and employees 15 and this bill does not address that particular 16 section, but it does move to Section 802 which 17 sets forth numerous exceptions to the 18 prohibition, including an exemption of up to 19 $100 per year for contracts in which the officer 20 involved may have an interest. 21 Now, the legislation before us 22 does two things: Number 1, it does raise the 23 exemption amount from $100 to $750 per year and 11413 1 that has been at the hundred dollar level since 2 1964, and the second item in the bill is that 3 for non-salaried municipal board members in the 4 rural counties only, it allows purchases of 5 aggregate up to $5,000 per year where the board 6 member abstains and the resolution for purchases 7 is unanimous, and it -- it also requires under 8 those conditions that the standard procurement 9 procedures must be followed; in other words, the 10 lowest price suitable for the item or service 11 involved and the rationale is that in rural 12 areas, local providers at the lowest costs 13 should not be barred from contracting with that 14 municipal entity, and given the small amount at 15 issue and the provision for unanimous vote, 16 there should be no ethical issues involved with 17 the change in the law. 18 And I have had in my own 19 district, which is in our rural areas, 20 situations where this has caused a problem in 21 the past and we're looking to address it in some 22 reasonable, responsible, ethical way. 23 ACTING PRESIDENT LARKIN: Read 11414 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 90th day. 4 ACTING PRESIDENT LARKIN: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes -- those 8 recorded in the negative on Calendar 1501 are 9 Senators Connor, Dollinger, Gold, Jones and 10 Paterson. Ayes 40, nays 5. 11 ACTING PRESIDENT LARKIN: The 12 bill is passed. 13 Senator Bruno. 14 SENATOR BRUNO: Mr. President, 15 can we recognize Senator Saland for the purposes 16 of voting on Calendar Number 1574. 17 ACTING PRESIDENT LARKIN: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 1574, by the Senate Committee on Rules, Senate 21 Print 5542, an act to amend the Insurance Law 22 and the Vehicle and Traffic Law, in relation to 23 increasing the minimum limits. 11415 1 ACTING PRESIDENT LARKIN: Read 2 the last section. 3 THE SECRETARY: Section 12. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LARKIN: Call 6 the roll. 7 (The Secretary called the roll.) 8 SENATOR SALAND: Mr. President, I 9 vote in the negative. 10 ACTING PRESIDENT LARKIN: Senator 11 Saland will be recorded in the negative. 12 Withdraw the roll call. Lay the bill aside. 13 SENATOR BRUNO: Mr. President. 14 ACTING PRESIDENT LARKIN: Senator 15 Bruno. 16 SENATOR BRUNO: Can we return to 17 reports of standing committees to receive a 18 report from the Judiciary Committee? 19 ACTING PRESIDENT LARKIN: The 20 Secretary will read. 21 THE SECRETARY: Senator Lack, 22 from the Committee on Judiciary, reports the 23 following nomination: Jonathan Lippman of Rye 11416 1 Brook, New York State Court of Claims. 2 ACTING PRESIDENT LARKIN: Senator 3 Lack. 4 SENATOR LACK: Thank you, Mr. 5 President. 6 I rise to move the nomination of 7 Jonathan Lippman of Rye Brook, New York to be a 8 member of the New York State Court of Claims. 9 This is an exceedingly good 10 appointment by the Governor. As I think 11 everybody in this chamber knows, Jonathan 12 Lippman is currently the deputy chief 13 administrator for management support for the 14 Office of Court Administration and has for a 15 number of years been intimately involved in 16 everything doing -- that has to do with court 17 administration and the judiciary in this state. 18 Jonathan Lippman is a graduate of 19 New York University School of Law of New York 20 University. Before serving as the deputy chief 21 administrator, he was the chief clerk and 22 executive officer of the Supreme Court in New 23 York County. The committee staff, as we do with 11417 1 all judicial nominees, has gone over the 2 recommendations, has consulted with those who 3 have been involved with Jonathan Lippman, and I 4 should tell you that the recommendations in his 5 case have been from the chief judge of the 6 state, chief administrative judge and the 7 presiding justices of the four Appellate 8 departments of New York State. Jonathan Lippman 9 will make an excellent, excellent appointment to 10 the New York State Court of Claims, and I'm very 11 proud at this point to yield to my colleague, 12 Senator Spano, for purposes of a second. 13 Senator Spano. 14 ACTING PRESIDENT LARKIN: Senator 15 Spano. 16 SENATOR SPANO: Thank you, Mr. 17 President. Thank you, Senator Lack. 18 As Senator Lack has mentioned, 19 Jonathan Lippman has an outstanding record in 20 the courts dating back to 1972 where he served 21 in many different capacities, currently serves 22 as the deputy chief administrator, has been 23 recognized for his outstanding commitments by 11418 1 many different organizations, has served as a 2 lecturer to judges, is a great appointment for 3 the Governor, another Westchester resident, a 4 Democrat and it's my pleasure to -- to join with 5 Senator Lack and to second the nomination of 6 Jonathan Lippman. I know he's here with his 7 family today, and I would like to congratulate 8 him and his family and wish him well as the 9 deputy chief administrative judge in the state 10 of New York. 11 Thank you. 12 ACTING PRESIDENT LARKIN: The 13 question is on the nomination of Jonathan 14 Lippman. 15 SENATOR DOLLINGER: Mr. 16 President. 17 ACTING PRESIDENT LARKIN: Excuse 18 me. Senator Dollinger. 19 SENATOR DOLLINGER: Mr. 20 President, I rise both to commend Governor 21 Pataki for his appointment of Jonathan Lippman, 22 who is a superb candidate for this position, as 23 well as the other appointments that we're going 11419 1 to do this morning. I made these comments in 2 the Judiciary Committee. Contrary to the 3 popular belief in the Judiciary Committee, I'm 4 not going to change my voter registration and as 5 long as this Governor keeps on his toes as he 6 has been with all of these nominees -- this has 7 been, in my judgment, a top-notch brand of 8 nominees in the last couple of weeks. 9 I commend Senator Lack for 10 continuing the process and getting them 11 efficiently through the committee, but as long 12 as the Governor is on his toes, I certainly 13 won't criticize him. These are good nominees. 14 These are good people for important positions 15 and I wish them all well. 16 Thank you, Mr. President. 17 ACTING PRESIDENT LARKIN: The 18 question is on the nomination of Jonathan 19 Lippman to the Court of Claims. All in favor 20 signify by saying aye. 21 (Response of "Aye".) 22 Opposed, nay. 23 (There was no response.) 11420 1 Jonathan Lippman -- good to see 2 you again, Judge -- is hereby confirmed, Court 3 of Claims. 4 (Applause.) 5 The Secretary will read. 6 THE SECRETARY: Senator Lack, 7 from the Committee on Judiciary, reports the 8 following nomination: Dan Lamont of Cobleskill, 9 New York State Court of Claims. 10 ACTING PRESIDENT LARKIN: Senator 11 Lack. 12 SENATOR LACK: Thank you, Mr. 13 President. 14 I rise to move the nomination of 15 Dan Lamont of Cobleskill as a judge of the New 16 York State Court of Claims. Mr. Lamont -- Judge 17 Lamont who is currently a three-hat judge has 18 been examined as -- by members of the 19 committee. The staff of the committee has 20 reviewed his credentials, certainly found him 21 qualified. The full committee considered his 22 nomination this morning and unanimously moved it 23 here to the floor for our consideration. 11421 1 Mr. President, at this time I 2 would yield to Senator Seward. 3 ACTING PRESIDENT LARKIN: Senator 4 Seward. 5 SENATOR SEWARD: Yes. Thank you, 6 Senator Lack and Mr. President. 7 I'm very pleased and honored to 8 rise in support of the nomination of Judge Dan 9 Lamont to the state Court of Claims. I want to 10 commend the Governor for another outstanding 11 choice to go on the bench. 12 Judge Lamont, of course, 13 graduated from Hamilton College and he received 14 his law degree from Albany Law School and was 15 admitted to practice in December of 1967, and 16 it's an understatement -- since that time that 17 he has been a member of the bar, it's an 18 understatement to say that he has built a type 19 of background that makes him most qualified to 20 sit on the Court of Claims. 21 He has the experience as an 22 Assistant Attorney General, a municipal 23 attorney, a lawyer in private practice and since 11422 1 1978, he has served as the judge of the County, 2 Family and Surrogate Court in Schoharie County. 3 Out our way, we call that a three-hatted judge, 4 and it is a position which deals with a widely 5 varying case load and one in which the judge 6 involved gets a great deal of experience in 7 many, many ways. In addition to serving us 8 right in Schoharie County, at many times he has 9 served as an acting Supreme Court judge 10 throughout his judicial district. 11 Judge Lamont is a seasoned jurist 12 and it is precisely his breadth and depth and 13 understanding of the law, coupled with the 14 experience that I've already mentioned, that 15 makes him an ideal choice to serve on the Court 16 of Claims. Not only in Schoharie County but, in 17 fact, across his judicial district, Judge Lamont 18 is widely respected for his rulings and he has 19 developed the sensitivity needed in Family 20 Court, the strength needed in County Court and 21 the wisdom of Solomon needed in Surrogate Court, 22 and that's the unique mix of insight and 23 firmness that he brings to the Court of Claims. 11423 1 I just rise to support this 2 nomination, congratulate once again the Governor 3 for making this choice, to congratulate Judge 4 Lamont and his family. We're joined today by 5 Judge Lamont's wife, Beth, as well as their son, 6 Seth. This is, indeed, a proud day for them. 7 It's a proud day for Schoharie County and a good 8 day for the people of the New York State. 9 I'm very pleased to rise in 10 support of Judge Lamont's nomination. 11 ACTING PRESIDENT LARKIN: Senator 12 Cook. 13 SENATOR COOK: Mr. President, 14 it's a great couple of days for me because after 15 having been here something over a decade and 16 voted for a lot of nominees who undoubtedly were 17 well qualified, most of them were kind of 18 faceless individuals as far as I was concerned 19 and now we have two days in which we're going to 20 be confirming three people whom I consider to be 21 very, very close personal friends and Dan Lamont 22 is right up there on the top of that list. 23 He is a distinguished jurist. He 11424 1 has served not only, as Senator Seward indicat 2 ed, in the three-hatted position in Schoharie 3 County and that, indeed, does take a great deal 4 of wisdom, but has served in the criminal courts 5 by appointment throughout much of downstate New 6 York and that qualifies him for the job that he 7 is going to be assuming which is to preside over 8 criminal cases, even though he will be a Court 9 of Claims judge, so he is qualified by his 10 background and his experience for that position, 11 and he's also qualified by his own personal 12 attributes, a citizen of the community, someone 13 who is looked up to and respected universally 14 and as Senator Seward indicated, he's known and 15 respected widely. 16 Most of the judicial district in 17 which he -- in which he serves actually is 18 within my district, even though Senator Seward 19 stole Schoharie County from me at the last 20 reapportionment, but he is known -- and I have 21 to tell you, whenever I mention to anyone 22 throughout the judicial district that you were 23 being considered for this position, Judge, 11425 1 people are just ecstatic because they know what 2 a great person you are and they are so delighted 3 that finally you're getting the recognition that 4 you so richly deserve. 5 So, Mr. President, I am so 6 pleased and honored to be able to second the 7 nomination of Judge Dan Lamont. 8 Thank you. 9 ACTING PRESIDENT LARKIN: The 10 question is on the confirmation of Dan Lamont as 11 judge of the New York State Court of Claims. 12 All those in favor signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 Dan Lamont, you are hereby 17 confirmed as a judge of the New York State Court 18 of Claims. 19 (Applause.) 20 You know, Judge, one thing a lot 21 of people haven't forgot was that this wasn't an 22 easy road. There were some of us, including 23 Senator Cook, who remember a little travesty on 11426 1 the way up and I want you to know that a lot of 2 us who remember that really, really take pride 3 in you for your self-determination and the 4 integrity you showed all the way. You are 5 something to be proud of. 6 Congratulations. 7 Senator Lack -- the Secretary 8 will read. 9 THE SECRETARY: Senator Lack, 10 from the Committee on Judiciary, reports the 11 following nomination: John P. Dunne of 12 Manhasset, New York State Supreme Court. 13 SENATOR LACK: Mr. President. 14 ACTING PRESIDENT LARKIN: Senator 15 Lack. 16 SENATOR LACK: Thank you, Mr. 17 President. 18 I rise to move the nomination of 19 John P. -- underline the initial for those in 20 the chamber -- P. Dunne of Manhasset as a 21 justice of the New York State Supreme Court. 22 The committee has examined the 23 credentials of the candidate, has found him much 11427 1 more than satisfactory, an excellent sitting 2 judge who is now moving to the Supreme Court. 3 The committee met this morning and unanimously 4 recommended the nomination to the floor and, Mr. 5 President, it is my privilege at this point to 6 yield to Senator Tully. 7 ACTING PRESIDENT LARKIN: Senator 8 Tully. 9 SENATOR TULLY: Thank you, Mr. 10 President, my colleagues. 11 We have been asked to be brief 12 and I'm sure the nominees will appreciate that. 13 While each one of them, I'm sure, could be 14 spoken about for a very, very lengthy period of 15 time because of the wonderful things they've 16 done in their past, I'll limit my remarks by 17 saying Jack Dunne has been joined by his wife, 18 Sally, and I'm privileged to welcome them to the 19 chamber. 20 Jack is someone whom I've known 21 for many years. He served with me when I was 22 town supervisor in the early '70s as one of our 23 town councilman. He's a very, very well known 11428 1 civic activist, he's a combat veteran. He has 2 been a practicing attorney for almost 40 years. 3 He is now currently sitting as a County Court 4 judge in Nassau County. He is recognized by my 5 colleagues in the legal profession as someone 6 who possesses legal temperament, judicial 7 temperament and he has patience, the patience of 8 Job, one might say, and many times I speak to my 9 colleagues who are going on the bench and I say 10 why -- why in God's name would you want to go 11 sit on the bench, and the ones that are wise, 12 the one that have that Solomonlike nature, the 13 ones like Jack Dunne are the people who are fit 14 and qualified by their temperament, by their 15 background, and I'm certain that the people of 16 Nassau County will be well served in his 17 elevation as a justice of the Supreme Court as 18 will every resident of this state. 19 I'm pleased to nominate Jack 20 Dunne, the Honorable John Dunne, to the position 21 of justice of the state Supreme Court. 22 ACTING PRESIDENT LARKIN: Senator 23 Marcellino. 11429 1 SENATOR MARCELLINO: Mr. 2 President, I rise because I've know John P. 3 Dunne for many years, and in spite of that, I'm 4 going to vote for him. 5 He has been able to accomplish 6 something while sitting on the bench that I, in 7 25-plus years of marriage, have never been able 8 to accomplish. He actually scared my wife one 9 day. She was called for jury duty. She felt 10 she had an excuse to get out of it on a partic 11 ular situation. She went before John. She 12 heard the way he handled the questioning of 13 other potential people who wanted to get off 14 jury duty. She withdrew her call and went back 15 and served. Anyone who can change my wife's 16 mind deserves to be a judge. 17 SENATOR SKELOS: Mr. President. 18 ACTING PRESIDENT LARKIN: Senator 19 Skelos. 20 SENATOR SKELOS: I, too, want to 21 join Senator Tully and Senator Marcellino in 22 congratulating our good friend, John Dunne, in 23 his appointment to the Supreme Court. 11430 1 Congratulations, Jack. 2 ACTING PRESIDENT LARKIN: The 3 question is on the confirmation of John P. Dunne 4 as justice of the New York State Supreme Court. 5 All those in favor signify by saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 John Dunne is hereby confirmed as 10 judge of the New York State Supreme Court. 11 Judge. 12 (Applause.) 13 Coming from your colleagues in 14 Nassau County, that's a wonderful 15 recommendation. I thought our own Senator John 16 Dunne was coming back and they said we have lots 17 of Dunnes in Long Island. 18 Congratulations, your Honor. 19 The Secretary will read. 20 THE SECRETARY: Senator Lack, 21 from the Committee on Judiciary, reports the 22 following nomination: Frank A. Gulotta, Jr. of 23 Woodbury, Nassau County Court. 11431 1 SENATOR LACK: Mr. President. 2 ACTING PRESIDENT LARKIN: Senator 3 Lack. 4 SENATOR LACK: Thank you, Mr. 5 President. 6 I rise to move the nomination of 7 Frank A. Gulotta, Jr., of Woodbury, to the 8 recently vacated position in Nassau County Court 9 caused by the elevation of Justice Dunne. 10 Frank Gulotta, Jr. has been 11 examined by the committee, has been found to 12 have excellent credentials, unanimously voted by 13 the committee this morning to come to the 14 floor. I served on boards of -- of public 15 service, a company called EAC which Frank 16 Gulotta, Jr. has also served on. It's Long 17 Island's largest human service agency. He has 18 devoted a good deal of time to it and is more 19 than a worthy candidate to serve on the County 20 Court. 21 Mr. President, it's my privilege 22 to yield at this time to Mr. Gulotta's Senator, 23 Senator Marcellino. 11432 1 ACTING PRESIDENT LARKIN: Senator 2 Marcellino. 3 SENATOR MARCELLINO: Thank you, 4 Mr. President. 5 I rise with pride to nominate 6 Frank - 7 ACTING PRESIDENT LARKIN: Sh-h. 8 SENATOR MARCELLINO: -- Gulotta 9 for the County Court in Nassau County. Frank's 10 a well respected attorney in our county. He 11 comes from a family that is well known in Nassau 12 County politics and Nassau County government. 13 His father was a true ground breaker and a true 14 historic figure in our county and in our state. 15 Frank is one of those people who 16 has the qualities to be a judge. He's 17 intelligent but he has compassion for people. 18 He will treat the lawyers and he -- that come 19 before him and he will treat the defendants that 20 come before him with respect and with dignity 21 and that's what we can ask for and that's the 22 best that we can ask for. 23 Not being an attorney, I can say 11433 1 to you very clearly and very frankly that people 2 like Frank Gulotta who have excelled in their 3 professions, who are well respected in their 4 professional community, have been very active in 5 every professional organization related to the 6 law and the practice of law that one could think 7 of deserves this high appointment. 8 Frank has also gone one step 9 beyond just being active in his professional 10 career. He is an active member of his 11 community, serving on Little Leagues and civic 12 associations and fraternal associations, you 13 name it. Frank is always there to help and 14 serve the people of his community. He has 15 earned this position. Like Senator Tully, I 16 don't know why he wants to leave the real world 17 and sit up there on the bench and wear those 18 black robes, but we're sorry to see him move a 19 little bit away from what he's doing now. We 20 hope we don't lose him in his fraternal 21 behavior. We hope we don't lose him in his 22 community service, but we know that when he gets 23 on the bench, he will serve us well there and he 11434 1 will serve the county and the people of Nassau 2 County very well, so I rise with pride to 3 nominate Frank Gulotta for the Nassau County 4 Court. 5 ACTING PRESIDENT LARKIN: Senator 6 Tully. 7 SENATOR TULLY: Thank you, Mr. 8 President, my colleagues. 9 I am pleased to second the 10 nomination of Frank A. Gulotta, Jr. He comes 11 from a fine heritage. His dad was the first 12 Italo-American elected to public office in Long 13 Island. He was the district attorney, 14 ultimately sat as the presiding justice of the 15 Appellate Division. 16 Frank many years ago served with 17 me in the district attorney's office and later 18 we became law partners. He was smart. He 19 stayed in the legal profession. I was dumb 20 enough to go into public service and he is a 21 much richer man in many ways than I am today, 22 but I think the county is very fortunate that 23 someone of Frank's background, caliber, 11435 1 integrity has deigned to serve the public in 2 that way. 3 He is the past president of the 4 former district attorney's association and 5 director -- former director of the Nassau County 6 Bar Association. He was chairman of the 7 grievance committee of that Bar Association and 8 he was so well recognized in that position that 9 he became chairman of the 10th Judicial District 10 for Nassau and Suffolk County, chairman of that 11 grievance committee as well. You don't get 12 those positions, Mr. President, my colleagues, 13 unless you are recognized by your peers as 14 someone who is beyond reproach but also someone 15 who has great legal ability. 16 It is a distinct honor and 17 privilege for me to second the nomination of 18 Frank A. Gulotta to the County Court. 19 ACTING PRESIDENT LARKIN: Senator 20 Skelos. 21 SENATOR SKELOS: Senator Larkin, 22 Mr. President, I join with my colleagues in 23 supporting the nomination of our good friend, 11436 1 Frank Gulotta, to be made a judge of the County 2 Court. I want to congratulate the Governor on 3 this great appointment. 4 You know, there's nothing that we 5 want as parents more than to see our children 6 succeed in the profession of their choice, and I 7 know what a perfectionist Judge Gulotta to be. 8 His father was the first Italian-American D.A. 9 in Nassau County, distinguished jurist and, 10 Frank, I know that your dad and your mom are 11 looking down and they're saying that you have 12 met their expectations and have gone even beyond 13 that. 14 Congratulations to you. 15 ACTING PRESIDENT LARKIN: The 16 question is on the confirmation of Frank A. 17 Gulotta, Jr. as judge of Nassau County Court. 18 All those in favor satisfying by saying aye. 19 (Response of "Aye".) 20 Opposed, nay. 21 (There was no response.) 22 Frank A. Gulotta is hereby 23 confirmed as judge of the Nassau County Court. 11437 1 (Applause.) 2 ACTING PRESIDENT LARKIN: Senator 3 Bruno. 4 SENATOR BRUNO: Mr. President, 5 can we at this time take up the non 6 controversial Supplemental Calendar Number 1. 7 ACTING PRESIDENT LARKIN: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 170, by Senator Maltese, Senate Print 257, an 11 act to amend the Real Property Tax Law, in 12 relation to exemption of the real property of 13 seriously disabled veterans from taxation. 14 ACTING PRESIDENT LARKIN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LARKIN: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 48. 22 ACTING PRESIDENT LARKIN: The 23 bill is passed. 11438 1 THE SECRETARY: Calendar Number 2 692, by Senator Trunzo, Senate Print 4057-A, an 3 act to amend the Civil Service Law, in relation 4 to providing for binding arbitration. 5 ACTING PRESIDENT LARKIN: Read 6 the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LARKIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 48. 13 ACTING PRESIDENT LARKIN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 735, by Senator Padavan, Senate Print 842, an 17 act authorizing the city of New York to reconvey 18 its interest in certain real property acquired 19 by in rem tax foreclosure in the borough of 20 Queens. 21 ACTING PRESIDENT LARKIN: There's 22 a home rule message at the desk. Read the last 23 section. 11439 1 THE SECRETARY: Section 5. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LARKIN: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes - 7 ACTING PRESIDENT LARKIN: 8 Announce - 9 THE SECRETARY: -- 48. 10 ACTING PRESIDENT LARKIN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 -- Senator Saland moves to discharge from the 14 Committee on Rules, Assembly Bill Number 7694-A 15 and substitute it for the identical Calendar 16 Number 945. 17 ACTING PRESIDENT LARKIN: 18 Substitution ordered. 19 THE SECRETARY: Calendar Number 20 945, by the Assembly Committee on Rules, 21 Assembly Print 7694-A, an act to amend the 22 Family Court Act, in relation to evaluating 23 compliance. 11440 1 ACTING PRESIDENT LARKIN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LARKIN: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 48. 9 ACTING PRESIDENT LARKIN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1267, by Senator Marchi, Senate Print 3873-B. 13 ACTING PRESIDENT LARKIN: The 14 bill is high. Lay it aside. 15 THE SECRETARY: Senator Hoblock 16 moves to discharge from the Committee on Rules, 17 Assembly Bill Number 7468 and substitute it for 18 the identical Calendar Number 1313. 19 ACTING PRESIDENT LARKIN: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 1313, by the Assembly Committee on Rules, 23 Assembly Print 7468, an act to amend the Tax 11441 1 Law, in relation to the imposition of sales and 2 use taxes by the county of Albany. 3 ACTING PRESIDENT LARKIN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LARKIN: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 48. 11 ACTING PRESIDENT LARKIN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1383, by Senator Farley, Senate Print 5436. 15 SENATOR PATERSON: Lay it aside. 16 ACTING PRESIDENT LARKIN: Lay it 17 aside. 18 THE SECRETARY: Senator Skelos 19 moves to discharge from the Committee on Rules, 20 Assembly Bill Number 7444-A and substitute it 21 for the identical Calendar Number 1413. 22 ACTING PRESIDENT LARKIN: 23 Substitution is ordered. Lay it aside. 11442 1 SENATOR SKELOS: Temporarily. 2 THE SECRETARY: Calendar - 3 excuse me. Senator Holland moves to discharge 4 from the Committee on Rules, Assembly Bill 5 Number 5061-A and substitute it for the 6 identical Calendar Number 1544. 7 ACTING PRESIDENT LARKIN: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 1544, by Member of the Assembly Grannis, 11 Assembly Print Number 5061-A, an act to amend 12 the Executive Law, the Multiple Dwelling Law and 13 the Multiple Residence Law, in relation to 14 requiring standards. 15 ACTING PRESIDENT LARKIN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LARKIN: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT LARKIN: The 11443 1 bill is passed. 2 THE SECRETARY: Senator Velella 3 moves to discharge from the Committee on Rules, 4 Assembly Bill Number 6279 and substitute it for 5 the identical Calendar Number 1545. 6 ACTING PRESIDENT LARKIN: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1545, by Member of the Assembly Vitaliano, 10 Assembly Print Number 6279, an act to amend the 11 Administrative Code of the city of New York in 12 relation to the participation of part-time 13 employees. 14 ACTING PRESIDENT LARKIN: There's 15 a home rule message at the desk. Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LARKIN: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT LARKIN: The 11444 1 bill is passed. 2 THE SECRETARY: Senator Velella 3 moves to discharge from the Committee on Rules, 4 Assembly Bill Number 5860-B and substitute it 5 for the identical Calendar Number 1546. 6 ACTING PRESIDENT LARKIN: Sub... 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT LARKIN: Senator 9 Gold. 10 SENATOR GOLD: May I ask who the 11 sponsor is of that Assembly Bill? 12 SENATOR VELELLA: Senator Volker, 13 the sponsor is Assemblyman Klein and it has 14 passed the Assembly. He's a new Assemblyman. 15 ACTING PRESIDENT LARKIN: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1546, by Member of the Assembly Klein, Assembly 19 Print Number 5860-B, an act to amend the 20 Agriculture and Markets Law, in relation to 21 labeling of kosher poultry. 22 ACTING PRESIDENT LARKIN: 23 Substitution ordered. Read the last section. 11445 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 120th day. 3 ACTING PRESIDENT LARKIN: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 49. 7 ACTING PRESIDENT LARKIN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1548, by Senator Maltese, Senate Print 4259, an 11 act to amend the General Municipal Law, in 12 relation to providing special accidental death 13 benefits. 14 ACTING PRESIDENT LARKIN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LARKIN: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 49. 22 ACTING PRESIDENT LARKIN: The 23 bill is passed. 11446 1 THE SECRETARY: Calendar Number 2 1549, by Senator Larkin, Senate Print 4263, an 3 act to amend the Retirement and Social Security 4 Law, in relation to the establishment of 20-year 5 age 50 retirement programs. 6 ACTING PRESIDENT LARKIN: Read - 7 read the last section. 8 THE SECRETARY: Section 9. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LARKIN: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 49. 14 ACTING PRESIDENT LARKIN: The 15 bill is passed. 16 THE SECRETARY: Senator Tully 17 moves to discharge from the Committee on Rules, 18 Assembly Bill Number 1968-A and substitute it 19 for the identical Calendar Number 1550. 20 ACTING PRESIDENT LARKIN: 21 Substitution ordered. 22 SENATOR GOLD: Mr. President, may 23 I ask who the Assembly sponsor is? 11447 1 ACTING PRESIDENT LARKIN: We're 2 going to read it right now, Senator Gold. 3 SENATOR GOLD: No. I would like 4 to know before we accept the motion. 5 ACTING PRESIDENT LARKIN: 6 Assemblywoman Jacobs, Senator Gold. 7 SENATOR GOLD: Thank you. 8 ACTING PRESIDENT LARKIN: Read 9 the last section -- the Secretary will read. 10 THE SECRETARY: Calendar Number 11 1550, by Member of the Assembly Jacobs, Assembly 12 Print Number 1968-A, an act to amend the Public 13 Health Law, in relation to authorizing approved 14 organizations. 15 ACTING PRESIDENT LARKIN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LARKIN: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT LARKIN: The 11448 1 bill is passed. 2 THE SECRETARY: Senator Holland 3 moves to discharge from the Committee on Rules, 4 Assembly Bill Number 8295 and substitute it for 5 the identical Calendar Number 1551. 6 ACTING PRESIDENT LARKIN: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1551, by the Assembly Committee on Rules, 10 Assembly Print Number 8295, an act to amend 11 Chapter 653 of the Laws of 1984. 12 ACTING PRESIDENT LARKIN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LARKIN: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 49. 20 ACTING PRESIDENT LARKIN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1552, by Senator Leibell, Senate Print 4742-A, 11449 1 an act to authorize Tier 1 status to certain 2 members of the New York City Employees 3 Retirement System. 4 ACTING PRESIDENT LARKIN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LARKIN: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 49. 12 ACTING PRESIDENT LARKIN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1553, by Senator Leibell, Senate Print 4854-A, 16 an act to amend the General Municipal Law, in 17 relation to payment of certain special 18 accidental death payments. 19 ACTING PRESIDENT LARKIN: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LARKIN: Call 11450 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 49. 4 ACTING PRESIDENT LARKIN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1554, by Senator Spano, Senate Print 5196-C, an 8 act to amend the Workers' Compensation Law. 9 ACTING PRESIDENT LARKIN: The 10 bill is high. Lay it aside. 11 THE SECRETARY: Senator Sears 12 moves to discharge from the Committee on Rules, 13 Assembly Bill Number 6340-B and substitute it 14 for the identical Calendar Number 1555. 15 SENATOR GOLD: Mr. President. 16 ACTING PRESIDENT LARKIN: Senator 17 Gold. 18 SENATOR GOLD: May I ask who the 19 Assembly sponsor is? 20 ACTING PRESIDENT LARKIN: Aurelia 21 Greene. Substitution ordered. 22 THE SECRETARY: Calendar Number 23 1555, by Member of the Assembly Greene, Assembly 11451 1 Print Number 6340-B, an act to amend the 2 Personal Property Law, the Insurance Law and 3 others, in relation to making technical changes 4 to the Motor Vehicle Leasing Act. 5 ACTING PRESIDENT LARKIN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LARKIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 49. 13 ACTING PRESIDENT LARKIN: Call 14 the roll -- the bill is passed. 15 THE SECRETARY: Senator Tully 16 moves to discharge from the Committee on Rules, 17 Assembly Bill Number 7565 and substitute it for 18 the identical Calendar Number 1556. 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT LARKIN: Sponsor 21 -- would you tell Senator Gold. Rules, 22 Senator. 23 SENATOR GOLD: At the request 11452 1 of? 2 ACTING PRESIDENT LARKIN: Yes, 3 sir. 4 SENATOR GOLD: May I ask at the 5 request of? 6 ACTING PRESIDENT LARKIN: At the 7 request of Assemblyman DiNapoli. Substitution 8 ordered. 9 THE SECRETARY: Calendar Number 10 1556, by the Assembly Committee on Rules, 11 Assembly Print Number 7565, an act to amend the 12 Environmental Conservation Law and the Town Law, 13 in relation to taking of shellfish. 14 ACTING PRESIDENT LARKIN: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the first day of 18 September. 19 ACTING PRESIDENT LARKIN: Read 20 the last -- call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT LARKIN: The 11453 1 bill is passed. 2 THE SECRETARY: Senator Hannon 3 moves to discharge from the Committee on Rules, 4 Assembly Bill Number 8124-A and substitute it 5 for the identical Calendar Number 1557. 6 ACTING PRESIDENT LARKIN: 7 Substitution ordered. 8 SENATOR GOLD: Mr. President, let 9 me know who the sponsor is. Make it easier if 10 we just did it originally. 11 ACTING PRESIDENT LARKIN: 12 Assemblyman Gottfried. 13 SENATOR GOLD: Thank you. 14 ACTING PRESIDENT LARKIN: Read 15 the last section. The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1557, by the Assembly Committee on Rules, 18 Assembly Print Number 8124-A, an act to amend 19 the Public Health Law, in relation to the 20 definition of "general hospital" and "hospital". 21 ACTING PRESIDENT LARKIN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 11454 1 act shall take effect immediately. 2 ACTING PRESIDENT LARKIN: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT LARKIN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1558, by Senator LaValle, Senate Print 5428-A, 10 an act to amend the Education Law. 11 ACTING PRESIDENT LARKIN: The 12 bill is high. Lay it aside. 13 THE SECRETARY: Calendar Number 14 1559, by Senator Cook, Senate Print 5435-A, an 15 act to amend the Education Law and the Local 16 Finance Law. 17 ACTING PRESIDENT LARKIN: Lay it 18 aside, it's high. 19 THE SECRETARY: Senator Velella 20 moves to discharge from the Committee on Rules, 21 Assembly Print Number 8154, by Member of the 22 Assembly Ramirez - 23 ACTING PRESIDENT LARKIN: 11455 1 Substitution ordered. 2 THE SECRETARY: -- and substitute 3 it for the identical Calendar Number 1560. 4 Calendar Number 1560, by the Assembly Committee 5 on Rules, Assembly Print Number 8154, an act to 6 amend the General Municipal Law, in relation to 7 creating the Bronx County Industrial Development 8 Agency. 9 ACTING PRESIDENT LARKIN: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 1561, by Senator Galiber, Senate Print 5450, an 13 act authorizing the city of New York to reconvey 14 its interest in certain real property acquired 15 by in rem tax foreclosure in the borough of 16 Bronx. 17 ACTING PRESIDENT LARKIN: There's 18 a home rule message at the desk. Read the last 19 section. 20 THE SECRETARY: Section 5. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LARKIN: Call 23 the roll. 11456 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 49. 3 ACTING PRESIDENT LARKIN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1563, by Senator Trunzo, Senate Print 5465, an 7 act authorizing the Brentwood Union Free School 8 District to recalculate its instructional credit 9 for the year 1992-93 school year. 10 ACTING PRESIDENT LARKIN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LARKIN: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 49. 18 ACTING PRESIDENT LARKIN: The 19 bill is passed. 20 SENATOR STACHOWSKI: Mr. 21 President. 22 ACTING PRESIDENT LARKIN: Senator 23 Stachowski. 11457 1 SENATOR STACHOWSKI: Can you tell 2 me why we skipped 1562? 3 ACTING PRESIDENT LARKIN: That 4 bill was amended earlier, Senator. 5 SENATOR STACHOWSKI: Just wanted 6 to know. 7 Thank you. 8 ACTING PRESIDENT LARKIN: 9 Continue. 10 THE SECRETARY: Calendar Number 11 1564, by Senator Velella, Senate Print 5469-A, 12 an act to amend the Insurance Law and the Public 13 Health Law. 14 ACTING PRESIDENT LARKIN: The 15 bill is high. Lay it aside. 16 THE SECRETARY: Calendar Number 17 1565, by Senator Paterson, Senate Print 5486, an 18 act to authorize Richard J. Mason, the deputy 19 executive director of the Renaissance Health 20 Care Network. 21 ACTING PRESIDENT LARKIN: Read 22 the last section. 23 THE SECRETARY: Section 3. This 11458 1 act shall take effect immediately. 2 ACTING PRESIDENT LARKIN: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT LARKIN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1566, by Senator DeFrancisco - 10 ACTING PRESIDENT LARKIN: There's 11 a home rule message at the desk. 12 THE SECRETARY: -- Senate Print 13 5509-A, an act in relation to authorizing the 14 County of Onondaga to transfer ownership of the 15 Marcellus Park to the town of Marcellus. 16 ACTING PRESIDENT LARKIN: Senator 17 Tully. 18 SENATOR TULLY: Thank you, Mr. 19 President. 20 Would you please announce a 21 meeting of the Environmental Conservation 22 Committee at 11:15 sharp in Room 124 of the 23 Capitol. 11459 1 ACTING PRESIDENT LARKIN: There 2 will be a meeting of the Senate Environmental 3 Conservation Committee in Room 124 at 11:15 4 today. 5 The Secretary will read the last 6 section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LARKIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 49. 13 ACTING PRESIDENT LARKIN: The 14 bill is passed. 15 THE SECRETARY: Senator Skelos 16 moves to discharge from the Committee on Rules, 17 Assembly Bill Number 6650-A, by Member of the 18 Assembly Weisenberg, and substitute it for the 19 identical Calendar Number 1567. 20 ACTING PRESIDENT LARKIN: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 1567, by Member of the Assembly Weisenberg, 11460 1 Assembly Print 6650-A, an act to amend the 2 Education Law, in relation to registration of 3 voters. 4 ACTING PRESIDENT LARKIN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LARKIN: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 49. 12 ACTING PRESIDENT LARKIN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1568, by Senator DiCarlo, Senate Print 5518, an 16 act to amend the Real Property Tax Law, in 17 relation to making technical corrections. 18 ACTING PRESIDENT LARKIN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the same date as a 22 Chapter of the Laws of 1995. 23 ACTING PRESIDENT LARKIN: Call 11461 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 49. 4 ACTING PRESIDENT LARKIN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1569, by Senator Skelos, Senate - 8 SENATOR STACHOWSKI: Lay it 9 aside. 10 ACTING PRESIDENT LARKIN: Lay it 11 aside. 12 THE SECRETARY: Calendar Number 13 1570, by Senator Levy, Senate Print 5526, an act 14 to declare an emergency in the Roosevelt Union 15 Free School District. 16 ACTING PRESIDENT LARKIN: Lay it 17 aside. The bill is laid aside. 18 THE SECRETARY: Senator 19 DeFrancisco moves to discharge from the 20 Committee on Rules Assembly Bill Number 7527, by 21 Member of the Assembly Bragman, and substitute 22 it for the identical Calendar Number 1571. 23 ACTING PRESIDENT LARKIN: 11462 1 Substitution ordered. 2 THE SECRETARY: Calendar Number 3 1571, by the Assembly Committee on Rules, an act 4 to amend the Highway Law, in relation to 5 designating a portion of the state highway 6 system as "The Korean War Veterans Memorial 7 Highway." 8 ACTING PRESIDENT LARKIN: Read 9 the last section. 10 SENATOR KUHL: Lay the bill 11 aside. 12 THE SECRETARY: Calendar Number 13 1572, by Senator Cook, Senate Print 5530, an act 14 to amend the Tax Law, in relation to the 15 imposition of additional taxes in the county of 16 Ulster. 17 ACTING PRESIDENT LARKIN: Last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LARKIN: Call 22 the roll. 23 (The Secretary called the roll.) 11463 1 THE SECRETARY: Ayes 49. 2 ACTING PRESIDENT LARKIN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1573, by Senator Trunzo - 6 SENATOR KUHL: Lay it aside. 7 ACTING PRESIDENT LARKIN: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 1574, by the Senate Committee on Rules, Senate 11 Print Number 5542 - 12 SENATOR STACHOWSKI: Lay it 13 aside. 14 ACTING PRESIDENT LARKIN: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 1575, by Senator Sears, Senate Print 5548-A, an 18 act to amend the Personal Property Law. 19 ACTING PRESIDENT LARKIN: Last 20 section. The bill is high. Lay it aside. 21 THE SECRETARY: Calendar Number 22 1576, by Senator Smith, Senate Print 3797-B, an 23 act in relation to authorizing the city of New 11464 1 York to sell waterfront property. 2 ACTING PRESIDENT LARKIN: The 3 bill is high. Lay it aside. 4 Senator Rath, why do you rise? 5 SENATOR RATH: I would like to be 6 recorded -- request unanimous consent to be 7 recorded in the negative - 8 ACTING PRESIDENT LARKIN: Hold 9 it, Senator Rath. We have been trying to move 10 along nice and easy, but some of you insist on 11 gabbing and talking. If you have to gather and 12 talk, get out of the chamber or we'll remove all 13 those on the side. 14 Thank you, Senator Rath. 15 SENATOR RATH: Yes. Mr. 16 President, I would like to request unanimous 17 consent to be recorded in the negative on 18 Calendar Number 692. 19 ACTING PRESIDENT LARKIN: Without 20 objection, Senator Rath is recorded in the 21 negative on Calendar 692. 22 Senator Kuhl. 23 SENATOR KUHL: Yes, Mr. 11465 1 President. Would you now proceed to the 2 controversial calendar and call up the first 3 bill, 1383, by Senator Farley. 4 ACTING PRESIDENT LARKIN: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1383, by Senator Farley, Senate Print 5436, an 8 act to amend the Banking Law, in relation to 9 interstate branching. 10 SENATOR LEICHTER: Okay. Mr. - 11 ACTING PRESIDENT LARKIN: Senator 12 Leichter. 13 SENATOR LEICHTER: If Senator 14 Farley wants to explain the bill, I have an 15 amendment at the desk on that which I will 16 address. 17 I just, however, want to point 18 out, Mr. President, I realize it's the last day 19 -- hopefully the last day and a lot of things 20 going on at once, but there's either a meeting 21 of the Environmental Conservation Committee of 22 which I'm the ranking member which, frankly, I 23 would like to participate in that Senator Tully 11466 1 called for 11:15. Could we possibly put this 2 bill off until the Environmental Conservation 3 Committee is over? I think -- aren't you a 4 member? 5 SENATOR FARLEY: I am, and I have 6 an appointment there, so lay the bill aside for 7 now. 8 ACTING PRESIDENT LARKIN: The 9 bill is laid aside temporarily. 10 SENATOR LEICHTER: Thank you. 11 ACTING PRESIDENT LARKIN: The 12 Secretary will continue. 13 THE SECRETARY: Calendar Number 14 1560, by the Assembly Committee on Rules, 15 substituted earlier today, Assembly Print Number 16 8154, an act to amend the General Municipal Law, 17 in relation to creating the Bronx County 18 Industrial Development Agency. 19 ACTING PRESIDENT LARKIN: Read 20 the last section. 21 THE SECRETARY: Section 2 - 22 SENATOR VELELLA: Lay that bill 23 aside, please. 11467 1 ACTING PRESIDENT LARKIN: The 2 bill is laid aside. Continue. 3 THE SECRETARY: Calendar Number 4 1569, by Senator Skelos, Senate Print 5524, an 5 act to repeal Section 31.04 of the Arts and 6 Cultural Affairs Law. 7 SENATOR PATERSON: Explanation, 8 please. 9 ACTING PRESIDENT LARKIN: 10 Explanation has been asked for. 11 SENATOR KUHL: Mr. President. 12 ACTING PRESIDENT LARKIN: Senator 13 Kuhl. 14 SENATOR KUHL: Yes. Would you 15 lay that bill aside temporarily and then call up 16 the next bill, 1570. 17 ACTING PRESIDENT LARKIN: The 18 bill is laid aside. 19 Senator Nozzolio, why do you 20 rise? 21 SENATOR NOZZOLIO: Mr. President, 22 there will be an immediate meeting of the 23 Committee on Crime Victims, Crime and 11468 1 Corrections in the Majority Leader's Conference 2 Room. 3 ACTING PRESIDENT LARKIN: There 4 will be an immediate meeting of the Crime 5 Victims, Crime and Corrections in Room 332, the 6 Majority Leader's Conference Room, immediately. 7 Those members of that committee, please proceed 8 to Room 332. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1570, by Senator Levy, Senate Print 5526, an act 12 to declare an emergency in the Roosevelt Union 13 Free School District. 14 SENATOR GOLD: Mr. President. 15 ACTING PRESIDENT LARKIN: 16 Senator - 17 SENATOR KUHL: Mr. President, 18 would you lay that bill aside temporarily at the 19 request -- with the indulgence of the sponsor. 20 Senator Leichter had a couple of questions on 21 that bill and he's at a committee meeting, so 22 would you lay that aside temporarily. 23 ACTING PRESIDENT LARKIN: Yes, 11469 1 Senator. Calendar 1570 will be laid aside 2 temporarily. 3 The Secretary will continue. 4 THE SECRETARY: Calendar Number 5 1571, substituted earlier today by the Assembly 6 Committee on Rules, Assembly Print Number 7527, 7 an act to amend the Highway Law, in relation to 8 designating a portion of the state highway 9 system as the "Korean War Veterans Memorial 10 Highway." 11 SENATOR KUHL: Lay the bill aside 12 temporarily. 13 ACTING PRESIDENT LARKIN: The 14 bill is laid aside temporarily. 15 THE SECRETARY: Calendar Number 16 1573, by Senator Trunzo, Senate Print 5521-A, an 17 act to amend Chapter 12 of the Laws of 1995, 18 relating to providing a retirement incentive. 19 SENATOR ONORATO: Lay that aside 20 for Senator Leichter temporarily. 21 ACTING PRESIDENT LARKIN: Lay 22 that bill aside temporarily. The bill is laid 23 aside temporarily. 11470 1 THE SECRETARY: Calendar Number 2 1574, by the Senate Committee on Rules, Senate 3 Print Number 5570 -- excuse me, 5542, an act to 4 amend the Insurance Law and the Vehicle and 5 Traffic Law, in relation to increasing the 6 minimum limits of liability. 7 SENATOR PATERSON: Mr. President. 8 ACTING PRESIDENT LARKIN: Senator 9 Paterson, why do you rise? 10 SENATOR PATERSON: Mr. President, 11 may we hold that bill temporarily? Senator 12 Stachowski has some questions on the bill and 13 he's in Environmental Conservation. 14 SENATOR KUHL: I will lay it 15 aside temporarily. 16 ACTING PRESIDENT LARKIN: The 17 bill is laid aside temporarily. 18 Senator Kuhl, that's -- Senator 19 Kuhl. 20 SENATOR KUHL: Yes, Mr. 21 President. Could you have the Secretary - 22 ACTING PRESIDENT LARKIN: Excuse 23 me, Senator Kuhl. If you have to talk, get 11471 1 outside. I'm not going to say move outside. 2 I'm telling you to get out. We're trying to do 3 something. 4 Senator Kuhl. 5 SENATOR KUHL: Yes, Mr. 6 President. Would you call up Calendar Number 7 1569, Senator Skelos' bill, 5524, please. 8 ACTING PRESIDENT LARKIN: The 9 Secretary will read. 10 THE SECRETARY: On Supplemental 11 Calendar Number 1, page 6, Calendar Number 1569, 12 by Senator Skelos, Senate Print 5524, an act to 13 repeal Section 31.04 of the Arts and Cultural 14 Affairs Law. 15 SENATOR PATERSON: Explanation. 16 SENATOR SKELOS: Mr. President. 17 ACTING PRESIDENT LARKIN: Senator 18 Skelos. 19 SENATOR SKELOS: This chapter 20 amendment is an amendment to Senate 4960 which 21 passed the Senate on June 14th and establishes 22 clearer protections for businesses that are 23 often harassed by alleged copyright infringe 11472 1 ments and to assure that ASCAP, BMI and CSAC are 2 able to receive compensation from businesses 3 which play music for the artists they represent. 4 ACTING PRESIDENT LARKIN: Senator 5 Dollinger. 6 SENATOR DOLLINGER: Can I ask one 7 question, Mr. President? 8 SENATOR SKELOS: Yes. 9 SENATOR DOLLINGER: Could you 10 describe the differences between this bill and 11 the bill that we passed a few weeks ago, if 12 possible? 13 SENATOR SKELOS: Pardon me? 14 SENATOR DOLLINGER: What are the 15 differences between that bill and the one we 16 passed a few weeks ago? 17 SENATOR SKELOS: Basically, the 18 chapter required that performing arts societies 19 or their bona fide trade organizations, upon 20 their request and at the expense of the 21 proprietors of trade organizations, that they 22 have to within 72 hours notify that they have 23 been in their premises and that they have 11473 1 basically made an investigation, the date that 2 they conducted the investigation and the 3 copyright works in question. 4 SENATOR DOLLINGER: It just gives 5 more information to the retailers? 6 ACTING PRESIDENT LARKIN: Senator 7 Dollinger, please go through the Chair. 8 Senator Skelos, do you yield? 9 SENATOR SKELOS: Requiring 10 performing rights societies to provide a 11 toll-free telephone number to answer 12 proprietors' queries on specific musical works. 13 So, basically, it's a bit of a compromise 14 between both sides. 15 SENATOR DOLLINGER: Okay. So it 16 gives more information to the retailers that 17 could be subject to these things. That's the 18 only major change? 19 SENATOR SKELOS: Yes. 20 SENATOR DOLLINGER: Okay. 21 ACTING PRESIDENT LARKIN: Read 22 the last section. 23 SENATOR PATERSON: Mr. President. 11474 1 ACTING PRESIDENT LARKIN: Senator 2 Paterson. 3 SENATOR PATERSON: Mr. President, 4 if Senator Skelos would yield for a brief 5 question. 6 ACTING PRESIDENT LARKIN: Senator 7 Skelos, do you yield? 8 SENATOR PATERSON: Senator, a 9 similar bill, at least to the one -- Senate 10 4960, because I really haven't had a chance to 11 look at your current bill, but the bill we 12 passed a few weeks ago is very similar to a bill 13 that was passed in New Jersey that was vetoed by 14 Governor Whitman and Governor Whitman's message 15 in her veto stated that she thought this was a 16 real infringement of the federal copyright 17 rights that individuals have. She thought there 18 would be problems with the SCC and even with the 19 Federal Copyright Law. In fact, I think it's 20 Section 106. I'm wondering if you're aware of 21 that. 22 SENATOR SKELOS: Well, I'm not 23 aware of that, not overly concerned about it. 11475 1 Governors have the right to differ between 2 states, and I'm fairly hopeful that Governor 3 Pataki will sign this bill. 4 SENATOR PATERSON: Thank you, 5 Senator. 6 On the bill, Mr. President. 7 ACTING PRESIDENT LARKIN: Senator 8 Paterson. 9 SENATOR PATERSON: The -- Senator 10 Skelos is right, governors do have different 11 interpretations, but we are interpreting the 12 federal law which does provide for these 13 protections to individuals who author work and 14 is -- have an exclusivity of copyright and I'm 15 going to vote for the bill, but I just wanted to 16 register that objection. 17 ACTING PRESIDENT LARKIN: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LARKIN: Call 22 the roll. 23 (The Secretary called the roll.) 11476 1 THE SECRETARY: Ayes 51. 2 ACTING PRESIDENT LARKIN: The 3 bill is passed. 4 Senator Kuhl. 5 SENATOR KUHL: Mr. President, 6 would you call up Calendar Number 1571, by 7 Senator DeFrancisco, please. 8 ACTING PRESIDENT LARKIN: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 1571, by the Assembly Committee on Rules, 12 substituted earlier today, Assembly - 13 ACTING PRESIDENT LARKIN: 14 Substitution ordered. 15 THE SECRETARY: -- Assembly Print 16 Number 7527, an act to amend the Highway Law, in 17 relation to designating a portion of the state 18 highway. 19 ACTING PRESIDENT LARKIN: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LARKIN: Call 11477 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 51. 4 ACTING PRESIDENT LARKIN: The 5 bill is passed. 6 Senator Kuhl. 7 SENATOR KUHL: Yes, Mr. 8 President. May we return to the order of 9 motions and resolutions? I understand there's a 10 privileged resolution at the desk. I would ask 11 that you have it read in its entirety. 12 ACTING PRESIDENT LARKIN: The 13 Secretary will read. 14 THE SECRETARY: By Senator Bruno, 15 Legislative Resolution commemorating the 100th 16 Anniversary of the village of South Glens Falls. 17 WHEREAS, it is the sense of this 18 assembled body to honor and commemorate the 19 proud and distinguished histories of the 20 villages which comprise the noble body of this 21 great Empire State; and 22 WHEREAS, this assembled body is 23 justly proud to commemorate the 100th 11478 1 Anniversary of the village of South Glens Falls 2 to be celebrated with many events scheduled for 3 the summer of 1995, including an essay contest, 4 a memorial dedication, an interfaith service 5 with an ice cream social, field day programs for 6 the youth, a band concert and a centennial 7 parade, just to name a few; and 8 WHEREAS, the countryside around 9 the village of South Glens Falls as late as the 10 early 1700s has been described as the land of 11 wilderness, howling wolves and wandering war 12 parties, hostile tribes of Mohawk and Algonquin 13 Indians hunted and battled near the horseshoe 14 bend in the Hudson River where the community now 15 sits; and 16 WHEREAS, early land grants show 17 that the town, similar to the township of Moreau 18 in which South Glens Falls lies, was first 19 obtained in 1702 from a Mohawk Indian chief; and 20 WHEREAS, until the late 1700s, 21 few settlers ventured into the area because of 22 unstable conditions caused by a power struggle 23 between France and England. This struggle 11479 1 centered around the control of the waterways 2 which provided a great natural highway and held 3 the key to the opening and development of the 4 North American Continent; and 5 WHEREAS, a treaty signed in 1763 6 signifying the end of the war between England 7 and France and its Indian allies opened new hope 8 establishing settlements in the South Glens 9 Falls and upper Hudson area; and 10 WHEREAS, the first settlers to 11 South Glens Falls were the Parks family who came 12 in 1766, settlement continued and by 1775, 20 13 families had located along the banks of the 14 Hudson River; and 15 WHEREAS, the American Revolution 16 and the devastation that it brought swept all 17 the settlements out of the area; and 18 WHEREAS, after the Revolutionary 19 War, South Glens Falls began to re-establish 20 itself as a permanent settlement. 21 In 1788, the waterfall's title 22 and name were transferred from Abraham Wing to 23 Colonel Johannes Glen, "Wing's Falls" and the 11480 1 community on the north side of the Hudson River 2 thus became known as Glens Falls; and 3 WHEREAS, around 1824, James 4 Fenimore Cooper stopped on the old toll bridge; 5 there he observed the cave located in the island 6 under the bridge, "Cooper's Cave". The South 7 Glens Falls area and the tragic story of Fort 8 William Henry would soon be immortalized in his 9 American classic, The last of the Mohicans; and 10 WHEREAS, by 1870, South Glens 11 Falls had become a thriving industrial center 12 with nearly 600 inhabitants; the village boasted 13 three churches, one hotel, several stores, two 14 sash and blind factories, a paper mill, a 15 plaster mill, grist mill, marble factory and 16 several saw mills; and 17 WHEREAS, in 1895, it was 18 incorporated as a village. By 1902 its 19 population had grown to 2,158; and 20 WHEREAS, today, although the 21 lumbering operations have shifted north and the 22 black marble deposits have long been depleted, 23 the community of South Glens Falls flourishes as 11481 1 both a residential center and home to many 2 businesses and industries; and 3 WHEREAS, a town of quiescent, yet 4 noble history of region and vast agriculture 5 sources and a land of scenic natural beauty, the 6 village of South Glens Falls, Saratoga County, 7 New York, stands as impressive and promising as 8 it undoubtedly appeared in the eyes of its 9 native Americans, the sturdy settlers; now, 10 therefore, be it 11 RESOLVED; that this legislative 12 body pause in its deliberations to commemorate 13 the 100th anniversary of the village of South 14 Glens Falls; and be it further 15 RESOLVED, that a copy of this 16 resolution, suitably engrossed, be transmitted 17 to the village of South Glens Falls. 18 ACTING PRESIDENT LARKIN: On the 19 resolution, all those in favor signify by saying 20 aye. 21 (Response of "Aye".) 22 Opposed, no. 23 (There was no response.) 11482 1 The resolution is adopted. 2 The Secretary will read. 3 Senator Kuhl. 4 SENATOR KUHL: Yes. As long as 5 we're at the order of motions and resolutions, 6 Mr. President, I understand that there's a 7 privileged resolution by Senator Paterson - 8 ACTING PRESIDENT LARKIN: Yes, 9 there is. 10 SENATOR KUHL: -- at the desk. I 11 would ask that you call up that resolution and 12 have it read in its entirety and then I would 13 move the adoption. 14 ACTING PRESIDENT LARKIN: The 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Paterson, Legislative Resolution honoring Marie 18 Laumar upon the occasion of her participation in 19 the First Annual Grand Salute to Senior 20 Citizens, Wednesday, June 28, 1995. 21 WHEREAS, it is the sense of this 22 legislative body to honor and pay tribute to 23 those senior citizens who have made outstanding 11483 1 contributions on behalf of their communities and 2 the needs of their fellow citizens; and 3 WHEREAS, senior citizens over 80 4 years of age bring a wealth of experience and 5 knowledge to the increasingly active roles that 6 they play in today's society. Their past 7 contributions and future participation is a 8 vital part of and valuable asset to the fabric 9 of community life and activity; and 10 WHEREAS, this legislative body is 11 justly proud to honor Marie Laumar upon the 12 occasion of her participation in the First 13 Annual Grand Salute to Senior Citizens over 80 14 years of age sponsored by the city of New York 15 Department of Parks and Recreation held on 16 Wednesday, June 28, 1995 at Marcus Garvey Park; 17 and 18 WHEREAS, the city of New York 19 Department of Parks and Recreation honors all 20 senior citizens over 80 years of age during its 21 First Annual Grand Salute; and 22 WHEREAS, among the distinguished 23 senior citizens present at this commemorative 11484 1 event, one stands out among them and special 2 acknowledgment is bestowed upon Marie Laumar; 3 and 4 WHEREAS, born November 26, 1882, 5 Marie Laumar is 112 years young. She has 6 acquired over a century of knowledge and 7 experience; and 8 WHEREAS, New York State's senior 9 citizens continue to lead active and productive 10 lives, contributing to the health of our economy 11 while assuming an increasing proportion of the 12 voluntary work force serving community-based 13 programs and service agencies; and 14 WHEREAS, the wisdom and 15 experience of senior citizens have enriched the 16 lives of people of all ages of our Empire State; 17 and 18 WHEREAS, the state of New York 19 recognizes and appreciates the loyalty and 20 experience of senior citizens; and 21 WHEREAS, the legislative and 22 executive branches of the New York State 23 government have as their ultimate goal the 11485 1 improvement of the quality of life for older 2 persons, insuring their continued dignity and 3 self-worth; now, therefore, be it 4 RESOLVED, that this legislative 5 body pause in its deliberations to honor Marie 6 Laumar upon the occasion of her participation in 7 the First Annual Grand Salute to Senior 8 Citizens, Wednesday, June 28, 1995; and be it 9 further 10 RESOLVED, that a copy of this 11 resolution, suitably engrossed, be transmitted 12 to Marie Laumar. 13 ACTING PRESIDENT LARKIN: Senator 14 Paterson. 15 SENATOR PATERSON: Thank you, Mr. 16 President. 17 I was going to put in a 18 resolution for Senator Mendez, but she's not a 19 super senior. She's just a super Senator, but 20 the New York City Department of Parks and 21 Recreation did hold a salute to seniors over 80 22 years old yesterday and we wanted to honor them, 23 but really as a way, through them, of honoring 11486 1 seniors all around our state, this is a salute 2 that they decided to have for seniors over 80. 3 Unfortunately, in our society, we 4 often turn a deaf ear and don't appreciate the 5 value of age and the value of people who have 6 lived long and healthy and prosperous lives and 7 the wisdom they add to all situations. In some 8 of the eastern countries, they have a much 9 greater recognition of seniors. In fact, it's a 10 custom in China to come and address the oldest 11 person in the room, being the person considered 12 to have greatest maturity, and so in America we 13 are finally catching up to what the other 14 citizens of the world understand, and so as part 15 of the salute, we celebrate the life and times 16 of Marie Laumar who lives in Harlem and is 112 17 years young. That means that she was born in 18 1882, Mr. President. 19 Speaking of presidents, do you 20 know who the president was when she was born, 21 Mr. President? It was President Arthur. 22 ACTING PRESIDENT LARKIN: 23 Garfield. 11487 1 SENATOR PATERSON: Mr. President, 2 Chester Arthur who succeeded President 3 Garfield. 4 At the turn of the century, Ms. 5 Laumar was already at the age of majority. At 6 the turn of the century the President was Grover 7 Cleveland, and William McKinley was elected in 8 the year 1900 and which, incidentally, Mr. 9 President, and everyone should know was not a 10 leap year, just in case we have another Sunday 11 Blue Law bill about distribution of liquor. The 12 year 1900 was not a leap year. 13 Now, Senator Kuhl, have I killed 14 enough time off the clock? 15 SENATOR KUHL: Fine. 16 SENATOR PATERSON: Thank you, Mr. 17 President. 18 I just wanted to tell you about 19 that and those other issues and I'll open the 20 resolution. It's open for anyone else who would 21 like to offer co-sponsorship and also I would 22 yield if anyone wants to know why the year 1900 23 was not a leap year. 11488 1 Thank you, Mr. President. 2 ACTING PRESIDENT LARKIN: On the 3 resolution, all in favor signify by aye. 4 (Response of "Aye".) 5 Opposed. 6 (There was no response.) 7 The resolution is adopted. 8 Senator Kuhl. 9 SENATOR KUHL: Yes, Mr. 10 President. May we return to messages from the 11 Assembly? 12 ACTING PRESIDENT LARKIN: The 13 Secretary will read. 14 THE SECRETARY: The Assembly 15 returned Senate Bill Number 5478, Assembly 16 Reprint 30005, an act to amend the Public 17 Authorities Law, in relation to the board of 18 trustees of the Long Island Power Authority and 19 the New York State Power Authority with the 20 message that it has concurred in the passage of 21 the same with amendments. 22 SENATOR KUHL: Mr. President, I 23 move - 11489 1 ACTING PRESIDENT LARKIN: Senator 2 Kuhl. 3 SENATOR KUHL: I move we concur 4 in the amendments from the Assembly and can the 5 bill have its third reading at this time? 6 ACTING PRESIDENT LARKIN: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 -- Calendar Number 1472, by the Senate 10 Committee on Rules, Assembly Reprint 30005, an 11 act to amend the Public Authorities Law, in 12 relation to the board of trustees of the Long 13 Island Power Authority and the New York State 14 Power Authority. 15 ACTING PRESIDENT LARKIN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LARKIN: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 51. 23 ACTING PRESIDENT LARKIN: The 11490 1 bill is passed. 2 Senator Kuhl. 3 SENATOR KUHL: Yes, Mr. 4 President. Would you return to the calendar, 5 Supplemental Calendar 1, I believe it is, and 6 call up Calendar Number 1554. 7 ACTING PRESIDENT LARKIN: The 8 Secretary will read Calendar 1554. 9 THE SECRETARY: Calendar Number 10 1554, by Senator Spano, Senate Print 5196-C, an 11 act to amend the Workers' Compensation Law, in 12 relation to permitting the establishment of an 13 alternative dispute resolution system. 14 SENATOR KUHL: Mr. President, is 15 there a message of necessity at the desk? 16 ACTING PRESIDENT LARKIN: Yes, 17 there is, Senator Kuhl. 18 SENATOR KUHL: I move we adopt 19 the message of necessity. 20 ACTING PRESIDENT LARKIN: All in 21 favor of adopting the message. 22 (Response of "Aye".) 23 Opposed, no. 11491 1 (There was no response.) 2 The message is accepted. 3 The Secretary will read. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LARKIN: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes - 10 SENATOR PATERSON: Explanation, 11 please. 12 ACTING PRESIDENT LARKIN: 13 Explanation asked for. Senator - 14 SENATOR KUHL: Mr. President, 15 would you lay aside temporarily Calendar Number 16 1554. 17 ACTING PRESIDENT LARKIN: The 18 bill is laid aside. 19 SENATOR KUHL: Mr. President. 20 ACTING PRESIDENT LARKIN: Senator 21 Kuhl. 22 SENATOR KUHL: Could you have the 23 Secretary call up Calendar Number 1574, Senate 11492 1 Print 5542. 2 ACTING PRESIDENT LARKIN: The 3 Secretary will read 1574. 4 THE SECRETARY: Calendar Number 5 1574, by the Senate Committee on Rules, Senate 6 Print 5542, an act to amend the Insurance Law 7 and the Vehicle and Traffic Law, in relation to 8 increasing the minimum limits of liability. 9 SENATOR STACHOWSKI: Explanation. 10 SENATOR PATERSON: Explanation. 11 ACTING PRESIDENT LARKIN: 12 Explanation asked for. 13 SENATOR VELELLA: Yes, Mr. 14 President. This bill is a bill which would 15 raise the minimum limits for automotive 16 liability coverage which now is 10,000 for one 17 individual who's injured in an accident, 20,000 18 collectively for any group and 5,000 for 19 property damage. 20 This bill will double the minimum 21 limits -- more than double to 25,000 for an 22 individual, 50,000 for a total and 10,000 for 23 property damage. 11493 1 We have not amended this law 2 since 1957 when these limits were set by the 3 Legislature. I might point out that inflation 4 has really eaten into the value of these 5 limits. In the event that anyone is injured, a 6 $10,000 payment is almost ridiculous at this 7 point. 8 At the time in 1957, this 9 Legislature was being paid $7,500 a year for 10 their services and additionally, our expenses 11 were 1,000 a year to cover our lodging and our 12 meals in Albany, so certainly we can see how 13 inflation has resulted on our own salaries, our 14 own expenses, and I believe that the time has 15 come when we must provide the protection to the 16 people of this state that most of the other 17 states do of limits above 10- and 20-, and I 18 believe the bill should be passed because its 19 time has come. 20 Certainly, some of you are going 21 to question what the impact will be on the rate 22 payers. There will be a broad base of differ 23 ences based on a driver's record, but what this 11494 1 bill says is that those who are the worst 2 drivers, who have the worst records, who have 3 the most accidents, the most tickets, will have 4 to pay more for their insurance because they are 5 a higher risk. I think that's fair. I think 6 it's equitable. I think the people of this 7 state deserve the adequate protection that this 8 bill will provide them. 9 SENATOR STACHOWSKI: Senator 10 Velella -- Mr. President, would Senator Velella 11 yield for a question, please? 12 ACTING PRESIDENT LARKIN: Senator 13 Velella, will you yield to Senator Stachowski? 14 SENATOR VELELLA: Yes, I yield. 15 SENATOR STACHOWSKI: Senator, 16 won't this -- most young drivers will end up in 17 a pool and are in the pool and won't this have a 18 serious increase to the cost of insuring young 19 drivers, the most of which will end up in the 20 pool, just by the fact, especially males, that 21 they're under new drivers and young? 22 SENATOR VELELLA: Yes, Senator, 23 that will be the group that will be most 11495 1 adversely affected. They will be the group that 2 have the least experience in driving and 3 statistics show that have the worst record in 4 terms of accidents, injuries to other people and 5 damage to other peoples' property. They also 6 are, unfortunately, the same group that have the 7 most violations for traffic infractions. They 8 will be the group that will be hit the hardest 9 in terms of an increase. 10 I would point out that they 11 represent a very small part of the market. 12 Almost 90 percent of the people in this state 13 that drive are in -- are carrying limits that 14 are higher than 10- and 20-. This would just be 15 the minimum limits that would be required by 16 law. 17 SENATOR STACHOWSKI: If the 18 Senator would yield for another question. 19 SENATOR VELELLA: Yes. 20 ACTING PRESIDENT LARKIN: Senator 21 Velella, do you yield? 22 SENATOR STACHOWSKI: And I'm not 23 sure about this, but I'm going to ask you any 11496 1 way. I'll try to make this the best way I can, 2 this question. If a young driver, for example, 3 is on the family policy, won't that have an 4 increase in that too or won't it, depending 5 on -- I don't understand how that works. 6 SENATOR VELELLA: It would depend 7 on -- it would depend on a lot of circumstances. 8 That's why there are a lot of numbers floating 9 around that range from a very minimal increase 10 to a rather large increase. It would depend on 11 the record of that family, the location of that 12 family, their driving history, their accident 13 history, the tickets that they may or may not 14 have on their license and, again, whether or not 15 they carry minimum limits only. If the family 16 carries 25- and 50-, this bill would have no 17 effect on them at all. 18 SENATOR STACHOWSKI: Thank you. 19 ACTING PRESIDENT LARKIN: Read 20 the last section. 21 SENATOR DOLLINGER: Mr. 22 President, on the bill. 23 ACTING PRESIDENT LARKIN: Senator 11497 1 Dollinger. 2 SENATOR DOLLINGER: Just briefly, 3 Mr. President. 4 I think this is a good step in 5 the right direction. Too often in my experience 6 representing -- Senator Velella, yes, you can 7 relax -- too often in my experience of being a 8 trial lawyer, I have had to tell people who have 9 been badly injured in automobile accidents that, 10 unfortunately, the driver of the other vehicle 11 had a 10/20 policy. I represented a little boy 12 who was killed in an accident, run over by a 13 car, tragically. He was a newcomer to the 14 United States and he did not have -- his family 15 was told that we only have a 10/20 policy at our 16 disposal. In other instances in which I've had 17 severely disfigured women, young women in 18 accidents, I have had to tell them that they 19 only had $10,000 worth of coverage. 20 In addition, I would point out 21 that one of the other effects of raising the 22 minimum limits is that -- and maybe Senator 23 Velella could just comment on this. One of the 11498 1 things that we do is in our PIP portion of a 2 policy, in our no-fault part of the policy, we 3 have a lost wage component that says no-fault 4 will pay you up to $1,000 a month in no-fault 5 lost wage component. Many times we have people 6 who are injured who make significantly more than 7 $1,000 a month and that component comes out of 8 the $10,000 pool and liability funds to cover 9 lost wages. So what oftentimes happens is you 10 get someone who gets hurt who makes a reasonable 11 salary, they lose the availability of the pool 12 to compensate them for their personal injuries 13 and instead you're really using the pool to pay 14 back their lost wage component, so the $10,000 15 disappears pretty quickly. If someone has a 16 reasonable salary and is seriously injured, 17 disabled, unable to work as a consequence of the 18 motor vehicle accident, by raising these limits, 19 we would create a greater pool to compensate 20 them both for the lost wages and for the 21 personal injury component. 22 So at least from my personal 23 experience as a trial lawyer, I think that one 11499 1 of the results of this will be that perhaps in 2 the future, I won't have to tell people who are 3 very seriously hurt that the pool that's 4 available, the fund that's available is nowhere 5 near full compensation for them, and I think 6 Senator Velella also properly points out that 7 the people this will be most often used against, 8 most often have to suffer the consequence, and I 9 agree there may be a consequence to some drivers 10 who will find their rates increased, but that's 11 because these are the drivers who are at highest 12 risk. These are the people who are not paying 13 attention on the road. These are the people who 14 take their responsibilities as drivers not as 15 seriously as we would like them, and in my 16 judgment we can charge them more for the 17 privilege of driving by increasing their rates 18 as a consequence of increasing the limits here 19 to make this thing work. 20 We're trying to promote greater 21 responsibility, fewer accidents, fewer 22 injuries. 23 If this puts an incentive into 11500 1 the system to get everybody to pay more 2 attention when they're on the road because their 3 insurance is more expensive, they got to be more 4 careful, my hope is that will drive down the 5 number of accidents and create fewer 6 possibilities that I will have to say to someone 7 who's seriously, hurt, "I'm sorry, but there 8 wasn't enough insurance protection to cover 9 you", so while I think this has been a long time 10 coming, I appreciate Senator Velella has taken 11 up the cudgel here to make this happen. I think 12 this is an important bill, an important bill for 13 consumers and those who are victims of accidents 14 throughout this state. 15 ACTING PRESIDENT LARKIN: Senator 16 DiCarlo. 17 SENATOR DiCARLO: Thank you, Mr. 18 President. 19 I agree with the sponsor of the 20 bill that it's necessary to raise the minimums 21 on insurance, but I'm going to vote no on this 22 bill and I'm going to vote no on this bill, 23 because I'll tell you who this is going to 11501 1 impact more than anybody in the state of New 2 York. This bill is going to impact negatively 3 my constituents. 4 In Brooklyn we pay the highest 5 rate of insurance of any county in the state of 6 New York. The problem that I have with that is 7 that my constituents in Bay Ridge, Dyker Heights 8 and Bensonhurst have some of the best driving 9 records in the state of New York, but yet we are 10 lumped in to pay the highest insurance fees for 11 auto in the state. 12 Until the insurance companies 13 look at the driver's record and rate them based 14 on their own record instead of punishing my 15 constituents for bad drivers and high incidence 16 of accidents in other parts of my county, I 17 cannot support any legislation that is going to 18 increase their insurance payments not by a 19 little bit but by a lot, and when my 20 constituents start getting those bills from 21 their insurance companies, they're going to come 22 back to the people who are responsible and 23 that's the state Legislature. 11502 1 Until the insurance companies 2 start treating people fairly, until the 3 insurance companies start basing their rates 4 based on individuals' own driving records, this 5 is -- this is something that's going to impact 6 terribly on my constituents. 7 I would hope that this bill 8 doesn't pass, but it's going to, but for my 9 constituents who have been paying unfair, 10 unreasonable insurance rates for many, many 11 years, I'm going to vote no on this bill. 12 ACTING PRESIDENT LARKIN: Senator 13 Solomon. 14 SENATOR SOLOMON: Thank you, Mr. 15 President. 16 I also represent part of Brooklyn 17 and parts of Brooklyn are rated by ZIP Code now, 18 Senator DiCarlo, just for your information. 19 Some of the things on this bill I 20 would like to comment. I plan on voting for 21 this bill, because I think that its time has 22 come really since 1957. In 1957, you could 23 purchase a new car for $5,000. I dare say a 11503 1 $10,000 property limit -- I think you can 2 purchase a new Ford Escort for less than $10,000 3 today. 4 There are several things that I 5 would like to point out to some of my colleagues 6 here. You talk about people in the districts in 7 the urban areas. Well, many of the people in 8 the urban areas that don't drive are going to 9 benefit from this bill, because if those people 10 are hit by a motorist with minimum liability 11 limits, that individual can barely cover his 12 medical expenses -- generally can cover his 13 medical expenses under the current law. 14 So it will help many of the 15 people that don't own cars in the urban areas 16 and we have the highest percentage of people in 17 the urban areas that do not own automobiles in 18 terms of the overall costs. 19 One of the things that we have to 20 be careful of -- and Senator Velella had a bill 21 in many, many years ago -- what we have to be 22 careful about as a result of this, we have to 23 look at legislation that reduces the number of 11504 1 drivers that drive without insurance. 2 There's a possibility now, 3 there's been an experiment by one insurance 4 company that specializes in taxicabs where 5 decals are given out several times a year, 6 decals that can't be forged because they have 7 the hologram implement -- imprinted upon the 8 decal showing that insurance currently exists, 9 so you can't have a driver that goes out, 10 purchases that automobile insurance, doesn't pay 11 the next installment on premium and is driving 12 around for a year. 13 So those are the things that we 14 have to look at because the things that concern 15 me are -- is that the drivers that cause the 16 horrible accidents, the drivers that have the 17 suspended licenses, almost invariably are the 18 same people who are driving without automobile 19 insurance, and those are the people that we've 20 changed the laws, we have tightened the laws 21 over the next few years. I think Senator Levy 22 has increased penalties for some of those 23 drivers in the last few years but we have to 11505 1 catch them, and the one way to catch them is to 2 implement the system which might cost the 3 insured $10 a year more for the price of decals 4 where we implement a system where a police 5 officer can go, spot the missing decal, say, 6 "Wait a minute. That car does not have proper 7 insurance coverage. Boom! Get that driver and 8 get that car immediately", and that's something 9 we really have to move on because that's the 10 direction which we're moving which will, in 11 fact, tie everything together with the increase 12 in liability rates and get those drivers that 13 are increasing the costs off the road. 14 So I think it's a bill whose time 15 has come. It's a bill which, in fact, really 16 helps the general population of the state and 17 most people in the voluntary pool already have 18 more than minimum liability coverage. I can 19 think of one person I know of that only carries 20 minimum liability coverage in the voluntary 21 pool, and the cost -- the increased cost in this 22 area will be minimal -- minimal, and I think 23 it's something we have to look at and it's a 11506 1 bill that we have to deal with to pass this bill 2 now, but we really have to again look at the 3 future of taking those insured drivers off the 4 streets because they are the worst drivers, 5 there's no question about that. They are the 6 worst drivers because they can't buy insurance 7 because of their driving record. 8 Thank you, Mr. President. 9 ACTING PRESIDENT LARKIN: Read 10 the last section. 11 THE SECRETARY: Section 12. This 12 act shall take effect immediately. 13 ACTING PRESIDENT LARKIN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT LARKIN: The 17 negatives, please raise your hands. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar 1574 are Senators Cook, 20 DiCarlo, Johnson, Kuhl, LaValle, Libous, 21 Marcellino, Maziarz, Onorato, Present, Saland, 22 Seward, Stachowski, Trunzo and Volker. Ayes 37, 23 nays 15. 11507 1 ACTING PRESIDENT LARKIN: The 2 bill is passed. 3 Senator Bruno. 4 SENATOR BRUNO: Mr. President, I 5 would like to call an immediate conference in 6 Room 332 for the Republican Majority and to 7 reconvene in this chamber at 12:45. That is 8 p.m. Senator Mendez wishes to be recognized by 9 the Chair. 10 Thank you, Mr. President. 11 ACTING PRESIDENT LARKIN: Senator 12 Mendez. 13 SENATOR MENDEZ: Thank you, Mr. 14 President. 15 There will be -- excuse me. 16 There will be -- there will be - 17 ACTING PRESIDENT LARKIN: Take 18 your conversations outside. There's somebody 19 who wishes to speak on this floor. 20 SENATOR MENDEZ: Thank you, Mr. 21 President. 22 There will be a Minority 23 Conference in the Minority Conference Room 314, 11508 1 immediately. 2 ACTING PRESIDENT LARKIN: There 3 will be an immediate conference of the 4 Republican Majority in Room 332. There will be 5 a Minority Conference immediately in the 6 Minority Conference Room. Session will 7 reconvene at 12:45 p.m. 8 Senator Abate. 9 SENATOR ABATE: Yes. I would ask 10 for unanimous consent to be recorded in the 11 negative on Calendar Number 1501. 12 ACTING PRESIDENT LARKIN: Without 13 objection, Senator Abate is recorded in the 14 negative on Calendar 1501. 15 Senator Jones, why do you rise? 16 SENATOR JONES: I would like to 17 be recorded -- unanimous consent to be recorded 18 in the negative on 1574. 19 ACTING PRESIDENT LARKIN: Without 20 objection, Senator Jones recorded in the 21 negative on 1574. 22 Senator Smith, why do you rise? 23 SENATOR SMITH: I would also like 11509 1 unanimous consent to join my colleague in my law 2 firm of Smith & Jones in voting in the negative 3 on 1574. 4 ACTING PRESIDENT LARKIN: Without 5 objection, so ordered. 6 SENATOR MENDEZ: Mr. President. 7 ACTING PRESIDENT LARKIN: Senator 8 Mendez, why do you rise? 9 SENATOR MENDEZ: I wish unanimous 10 consent to be recorded in the negative on Bill 11 Number 1501. 12 ACTING PRESIDENT LARKIN: On 13 Calendar 1501? 14 SENATOR MENDEZ: Yes, Calendar 15 1501. 16 ACTING PRESIDENT LARKIN: Without 17 objection, so ordered. 18 Senator Wright, why do you rise? 19 SENATOR WRIGHT: Thank you, Mr. 20 President. 21 I request unanimous consent to be 22 recorded in the negative on 1574. 23 ACTING PRESIDENT LARKIN: Without 11510 1 objection, Senator Wright recorded in the 2 negative on 1574. 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, Mr. 5 President. 6 Yesterday, I was excused and I 7 was not in the chamber but, Mr. President, had I 8 been in the chamber when Calendar Number 1500 9 came up, I would have been asked to be recorded 10 in the affirmative. 11 ACTING PRESIDENT LARKIN: The 12 record will so reflect had you been here you 13 would have voted in the affirmative. 14 The Senate will now stand at ease 15 until 12:45. 16 (Whereupon, at 12:05 p.m., the 17 Senate stood at ease.) 18 (The Senate reconvened at 1:14 19 p.m.) 20 SENATOR SKELOS: Madam President, 21 may we return to motions and resolutions? 22 At this time, I move we adopt the 23 Resolution Calendar in its entirety. 11511 1 THE PRESIDENT: All those in 2 favor of adopting the Resolution Calendar, 3 signify by saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response.) 7 The Resolution Calendar is 8 adopted. 9 SENATOR SKELOS: Thank you very 10 much. 11 If we could now return to the 12 Senate Supplemental Calendar Number 1 and take 13 up Calendar Number 1570, by Senator Levy. 14 THE PRESIDENT: Excuse me. 15 (Whereupon, there was a pause in 16 the proceedings.) 17 THE PRESIDENT: Senator Wright. 18 SENATOR WRIGHT: Madam President, 19 I wish to call up my bill, Print Number 5305, 20 recalled from the Assembly, which is now at the 21 desk, on behalf of Senator Velella. 22 THE PRESIDENT: The Secretary 23 will read. 11512 1 THE SECRETARY: Calendar Number 2 1466, by Senator Velella, Senate Print 5305, an 3 act in relation to authorizing the public sale. 4 SENATOR WRIGHT: Madam President, 5 I now move to reconsider the vote by which this 6 bill was passed. 7 THE PRESIDENT: The Secretary 8 will call the roll on reconsideration. 9 (The Secretary called the roll on 10 reconsideration.) 11 THE SECRETARY: Ayes 54. 12 THE PRESIDENT: The bill is 13 before the house. 14 Senator Wright. 15 SENATOR WRIGHT: Madam President, 16 I now offer the following amendments. 17 THE PRESIDENT: Amendments 18 received. 19 Senator Skelos. 20 SENATOR SKELOS: Is there any 21 other housekeeping at the desk? 22 All right. If we could take up 23 Senator Levy's bill, Calendar Number - 11513 1 THE PRESIDENT: Read the last 2 section, please. 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 1570, by Senator Levy, Senate Print 5526, an act 6 to declare an emergency in the Roosevelt Union 7 Free School District. 8 SENATOR LEICHTER: Explanation. 9 SENATOR LEVY: Yes, Senator 10 Leichter. 11 This bill was drafted by the 12 Commissioner of Education and the Commissioner's 13 staff, and it was introduced on Sunday at the 14 request of Deputy Commissioner Richard Sauer and 15 Deputy Commissioner Richard Kadamus of the State 16 Department -- I'm sorry, Deputy Commissioner 17 James Kadamus of the State Department of 18 Education. 19 It is very strongly supported by 20 the member of the Board of Regents for Long 21 Island, Robert Johnson, and my staff received a 22 telephone call from the Chancellor, Carl Hayden, 23 who indicated his preference that this bill pass 11514 1 both houses and be enacted into law. 2 What the bill does is to essen 3 tially empower the Commissioner of Education to 4 take over the Roosevelt School District -- and 5 that district is spending almost $10,000 per 6 pupil -- and it would authorize the Commissioner 7 of Education to put into place a special deputy 8 that he will appoint -- and this is very, very 9 important, Senator -- to work with the board of 10 education of the school district, its superin 11 tendent, to work with the community, because the 12 bill provides for the appointment of a broad 13 based board of community representatives. It 14 would require that the special deputy and his or 15 her team work with the district's teachers and 16 administrators. 17 The bill is strongly supported by 18 New York State United Teachers in addition to 19 the members of the Board of Regents that I have 20 identified, as well as the fact that it is the 21 Commissioner's bill. 22 And, Senator, what this bill does 23 -- because there was in the last couple of 11515 1 weeks an election to put on to the board and/or 2 continue a board member for the school board in 3 Roosevelt, more than 600 people turned out at 4 that election, elected a new board member, and 5 defeated the president of the board, and at the 6 same time reelected another member of the board 7 of education. 8 What this bill will do will be to 9 authorize the Commissioner of Education and the 10 special deputy that is put in there by the 11 Commissioner of Education, after a corrective 12 action plan is formulated by the Commissioner's 13 deputy working with the community board -- and I 14 have identified some of the interests that will 15 be on that board. It would not supercede the 16 board or any member of the board. It would 17 authorize the Commissioner to do so if the board 18 or a member declined to go along with the 19 Commissioner's plan to restore quality education 20 in the district. 21 Senator, the purpose of this 22 legislation is to permit the Commissioner of 23 Education to achieve a plan which will provide 11516 1 the Roosevelt School District students with the 2 education -- quality education -- they deserve 3 and which must be provided to them which is not 4 being provided to them now. 5 THE PRESIDENT: Senator Smith. 6 SENATOR SMITH: Thank you. Many 7 of us had the opportunity to meet with members 8 of the Board of Regents, including Adelaide 9 Sanford, because we had an interest in the 10 Roosevelt School System. They laid out the 11 problems of the school district and spoke to us 12 and gave us information that we did not have as 13 to the conditions of the school system, and this 14 bill is a culmination of working with the 15 community, with all of the interested parties, 16 and I would definitely ask all of my colleagues 17 to support this bill. 18 SENATOR LEICHTER: Madam 19 President. 20 THE PRESIDENT: Senator Leichter. 21 SENATOR LEICHTER: Yes, would 22 Senator Levy yield, please? 23 SENATOR LEVY: Yes, certainly. 11517 1 SENATOR LEICHTER: Senator, I 2 appreciate what you are trying to do here, and 3 apparently there is a very serious failure of 4 education in the Roosevelt school system. 5 I am somewhat concerned that we 6 have a legislative finding which states that the 7 Roosevelt Union Free School District is not 8 functioning in a manner to protect the health, 9 safety, education and welfare of school 10 children. 11 But, Senator, have we been given 12 any material? Now, I have read the papers, the 13 newspapers, that is, but do we have any material 14 that's been given us? I know the Regents, here 15 and there, talked to individual members. That 16 is really not the same thing as giving us 17 supporting material to enable us to vote in 18 support of this legislative finding. 19 THE PRESIDENT: Senator Levy. 20 SENATOR LEVY: Yes. Senator 21 Leichter, an inquiry was conducted by Regent 22 Sanford, and following her inquiry -- and that 23 was in March, towards the end of March. I think 11518 1 it was March 21st. My staff people were with 2 the Regent when she was at the school district 3 because we were here and we were in session. 4 She then gave a report to the 5 Commissioner of Education. That report was 6 followed by the Commissioner appointing Daniel 7 Domenech, who is the head of BOCES and works for 8 the Commissioner in that position in Western 9 Suffolk County, and he was charged by the 10 Commissioner with conducting an investigation; 11 and he conducted an investigation on-site, filed 12 a comprehensive report with the Commissioner. 13 It was given to the board. It was given to the 14 superintendent. It was given to the elected 15 representatives. 16 And then, after that, the 17 Commissioner sent you and sent me and sent every 18 member of the Legislature a copy of Regent 19 Sanford's inquiry, her report, and a copy of 20 Superintendent Domenech's report, and that was 21 delivered to your office. 22 SENATOR LEICHTER: Okay. Good. 23 THE PRESIDENT: Senator Leichter. 11519 1 SENATOR LEICHTER: If you would 2 continue to yield, Senator Levy? 3 SENATOR LEVY: Yes. 4 SENATOR LEICHTER: And you are 5 satisfied that the conclusions of that report 6 justify this takeover by the State Department of 7 Education of the Roosevelt Union Free School 8 District? 9 THE PRESIDENT: Senator Levy. 10 SENATOR LEVY: I am personally 11 satisfied based upon the report that I received 12 from my staff person who was with Regent 13 Sanford, based upon my own conversations with 14 Regent Sanford, with Superintendent Domenech, 15 with Commissioner Kadamus and Commissioner 16 Sauer, talking to people in the community, my 17 own visits to the school district, and what I 18 know is not taking place in that school 19 district. 20 THE PRESIDENT: Senator Leichter. 21 SENATOR LEICHTER: If you would 22 continue to yield, please, Senator Levy. 23 SENATOR LEVY: Yes, certainly. 11520 1 SENATOR LEICHTER: Senator, I 2 accept your conclusion and, as I said, I have 3 read newspaper reports. I haven't read the 4 report, but I'm pleased to know that the report 5 exists. I have heard Regents talk about the 6 problem in that school system. 7 But, Senator, shouldn't we set up 8 a uniform system that would apply throughout the 9 state so that where the Commissioner of 10 Education or the Regents determine that a school 11 system has so badly failed the students and the 12 people of that community that the Department of 13 Education can take over that school system? I'm 14 sort of concerned about our doing it on an ad 15 hoc basis, and I just wondered what your views 16 are on that. 17 THE PRESIDENT: Senator Levy. 18 SENATOR LEVY: Senator, I have 19 given a lot of thought to that same question 20 myself, and after having thought about it - 21 because what we are doing here is taking an 22 extraordinary step that has never ever been 23 taken before in the State of New York and this 11521 1 bill, as I indicated, essentially puts the 2 Commissioner of Education in charge of running a 3 school district and places the Commissioner in a 4 position, if he or she chooses to exercise that 5 power, to override the duly elected officials 6 who have been elected by the people to run the 7 district. 8 To answer your question, Senator, 9 I do not believe, speaking for me, that we 10 should give a blanket blank check to anyone to 11 override elected officials, and I think that the 12 way that the Commissioner and the Department of 13 Education have decided to go here is the way 14 that we should go. Each time that the 15 Commissioner wants to do this, we ought to do it 16 by an act of legislation that passes both 17 houses, is signed into law by the Governor, 18 gives the people in the Legislature who 19 represent the district the opportunity to 20 participate through legislative action in 21 conferring such an extraordinary power. 22 THE PRESIDENT: Senator Leichter. 23 SENATOR LEICHTER: If you will 11522 1 continue to yield? I must say I disagree with 2 you on this, because I think - 3 SENATOR DOLLINGER: Madam 4 President, can we have a little order in the 5 chamber? I'm having some difficulty hearing 6 both speakers on this issue. 7 THE PRESIDENT: Order, please. 8 SENATOR LEICHTER: I think, 9 unfortunately, there are a number of school 10 districts throughout the state that are failing 11 our children. 12 Now, in this particular instance 13 whether it's because so much publicity was given 14 to the Roosevelt Union Free School District or 15 probably because of your good work in seeing 16 that this matter is addressed that we're now 17 going to have the Department of Education take 18 steps that are probably warranted, but I'm 19 concerned that in other school districts that 20 same step, which probably should be taken, is 21 not being taken. 22 I would suggest not giving 23 anybody blank power, but I would set up some 11523 1 very specific criteria, and I would hope very 2 much that maybe our Committee on Education would 3 look at that so we wouldn't have to proceed on 4 an ad hoc basis. 5 But if you would be kind enough 6 and just yield for maybe one or two other 7 questions? 8 THE PRESIDENT: Senator Levy. 9 SENATOR LEVY: Senator, let me 10 respond to the point that you just made. This 11 situation is not before us because of the 12 publicity. The reports called for this action, 13 and the publicity was generated after the report 14 was leaked to the press and the media. 15 So the reason that we are here 16 today is because of the investigations by Regent 17 Sanford and Superintendent Domenech and their 18 reports, and their reports called for this 19 action, so it wasn't the publicity. 20 SENATOR LEICHTER: Right. 21 THE PRESIDENT: Senator Leichter. 22 SENATOR LEICHTER: Senator Levy, 23 if you'd continue to yield? 11524 1 SENATOR LEVY: Yes. 2 SENATOR LEICHTER: As I said, I'm 3 sure that this would not have happened without 4 the work that you did and your efforts in seeing 5 that the matter's addressed. 6 Let me just ask. Under this 7 bill, if the person who is put in charge there 8 by the Department of Education comes up with a 9 plan, presents the plan to the elected board and 10 the elected board rejects the plan, does that 11 person or the Commissioner of Education have the 12 power to impose that plan on the school system? 13 THE PRESIDENT: Senator Levy. 14 SENATOR LEVY: Yes. The 15 Commissioner will have the power and will have 16 the power because he or she, depending upon who 17 is selected, will have the power to remove the 18 entire board or to remove a member or members of 19 the board, and I think that the existence of 20 this power will be sufficient to bring about - 21 to bring about -- because, again, Commissioner 22 Leichter, there is a broad-based community 23 advisory committee that involves teachers who 11525 1 are part of the bargaining unit, administrators, 2 people that live in the community, a broad-based 3 group that will be involved with the special 4 deputy and the board and the superintendent in 5 generating the corrective action plan. 6 I don't think that that power 7 will ever be utilized. Its existence will bring 8 about a consensus on the corrective action plan. 9 THE PRESIDENT: Senator Leichter. 10 SENATOR LEICHTER: Yes. Finally, 11 Senator Levy, I am told that there is no agree 12 ment yet with the Assembly on this bill. I think 13 that's unfortunate and, unlike my colleagues 14 here, I don't think the most important issue or 15 a litmus test for a bill is if it's a one-house 16 bill or whether it's an agreed-on bill; however, 17 when the session is in its dying moments -- and 18 that is devoutly to be hoped that that indeed is 19 the case -- it does raise the question of, where 20 are we in the negotiations on a bill that is so 21 important? 22 SENATOR LEVY: I'm happy you 23 raised that issue, because the bill that the 11526 1 Assembly wants -- and I have indicated to you 2 the support of this bill. This bill was drafted 3 by the Commissioner of Education, and the 4 Regents have called in support of this bill. 5 The Assembly's bill would require the 6 superceding of the board ab initio without 7 giving the board even the opportunity to work 8 with the special deputy that's going to be 9 appointed to put together a plan of action, and 10 in talking to people a lot more expert than I 11 am, if that bill were to pass, the board will be 12 in court the day after it is signed into law 13 seeking a stay of a power of throwing out 14 elected officials without giving them an 15 opportunity to cooperate, and the end result is 16 when that case gets through working its way 17 through the courts, we're going to have three or 18 four more years pass without the Commissioner 19 being able to help this school district. 20 That is the issue, and, 21 unfortunately, it is a generic fundamental issue 22 and at this point -- at this point, the Assembly 23 has shown no indication to us of a willingness 11527 1 -- of a willingness to do anything other than 2 throw the board out under their legislation. 3 THE PRESIDENT: Senator Leichter. 4 SENATOR LEICHTER: Yes. Senator 5 Levy, thank you. 6 Madam President, on the bill. 7 I think Senator Levy, for me, has 8 certainly made a compelling case to support this 9 bill. I just want to say that I do think that 10 we ought to have a statewide provision for the 11 Department of Education to take over, under very 12 clearly established criteria, school districts 13 that are failing the students and the communi 14 ties as badly as the Roosevelt Union Free School 15 District appears to be doing. 16 But let me also say, when I hear 17 the disagreement with the Assembly -- and I may 18 very well be inclined to support Senator Levy's 19 view of how that should be resolved, but it 20 doesn't seem to me such a major issue that we 21 should leave the situation at Roosevelt to 22 fester and to continue and for the children to 23 be continued to be denied a decent education. I 11528 1 would hope it would be resolved. 2 But it also points out the 3 difficulty that we have in this Legislature in 4 dealing with school governance, and I raise it 5 because it's a particularly serious issue in the 6 city of New York, and nobody knows it better 7 than Senator Marchi, who has spent God knows how 8 many hours and how much effort and blood and 9 toil in trying to deal with that problem, and I 10 made a recommendation last year which I hope to 11 pursue, particularly for the city of New York, 12 that we might resort to the use of a mechanism 13 similar to the base closing commission which 14 Congress did, because there's some issues that 15 it is just politically too complex, too 16 difficult, too fraught with disagreement, for 17 the Legislature to resolve. 18 We know that we have a terrible 19 problem in governance in the City school 20 system. Everybody says it's got to change, but 21 nobody agrees exactly how it should be done; 22 and, here, I see where there is a desperate need 23 for action by the state. Everybody says it 11529 1 needs to be done. Yet, once again, this 2 disagreement -- in this case between the 3 Assembly and the Senate -- on school governance 4 may keep this from happening. 5 I think we've got to find a way 6 to deal with how we're going to resolve these 7 issues of school governance that take politics 8 out of it and, finally, to see that our school 9 systems can be structured in such a way, whether 10 it's in New York City or in the Roosevelt Union 11 Free School District, so that the children can 12 get an education. That should be our main 13 purpose. 14 THE PRESIDENT: Thank you. 15 SENATOR DOLLINGER: Madam 16 President. 17 THE PRESIDENT: Senator 18 Dollinger. 19 SENATOR DOLLINGER: Madam 20 President, will the sponsor yield? 21 SENATOR VOLKER: Madam President, 22 could I interrupt for one second? 23 SENATOR DOLLINGER: Yes. 11530 1 THE PRESIDENT: Certainly. 2 SENATOR VOLKER: Madam President, 3 I apologize for the interruption, but on behalf 4 of Senator Seward, there is an immediate meeting 5 of the Senate Energy Committee in the Senate 6 Conference Room, Room 332. Immediate meeting of 7 the Senate Energy Committee, Room 332. 8 Thank you. 9 THE PRESIDENT: There is an 10 immediate meeting of the Senate Energy 11 Committee. 12 Now, Senator Dollinger. 13 SENATOR DOLLINGER: Madam 14 President, I'll try to be brief in my 15 comments -- my question to Senator Levy. It's 16 really pretty simple, if you'll yield to a 17 couple of questions. 18 First of all, a technical one. 19 This bill allows the Commissioner to exercise 20 powers over the entire school district. They 21 will have the ability to suspend board members, 22 as I understand it. 23 SENATOR LEVY: Yes. 11531 1 SENATOR DOLLINGER: Because I'm 2 not familiar with this problem firsthand, is the 3 education problem that has been cited in the 4 Regents report, is it a systemwide problem or is 5 it a high school, middle school, elementary 6 school problem? 7 SENATOR LEVY: The inquiry was 8 directed to the high school and the junior high 9 school but -- that's where the thrust of the 10 investigation was, but I have heard that -- I 11 have heard from people in the district, 12 including people who were involved in teaching 13 within the elementary school district, that, 14 unfortunately, this is a consistent problem 15 throughout the district. 16 But the Domenech and Sanford 17 inquiries were directed towards -- exclusively 18 towards the high school and junior high school. 19 THE PRESIDENT: Senator 20 Dollinger. 21 SENATOR DOLLINGER: A follow-up 22 question for Senator Levy. Could you just 23 explain to me why the political process in this 11532 1 school district failed to elect people who were 2 trying to achieve the same, obviously, public 3 benefit that this legislation is designed to do, 4 which is designed to elevate the standards of 5 direct accountability and achieve improvement in 6 education? 7 What I'm having difficulty 8 understanding, Senator, is what you properly 9 point out. This is a very, very drastic 10 remedy. We're going to take away several 11 centuries of power from elected local school 12 boards. 13 SENATOR LEVY: Possibly. 14 SENATOR DOLLINGER: Possibly. 15 That's correct, possibly. But we're going to 16 put them under a constriction that no other 17 school board in this state has ever been under, 18 and that is that there will be an immediate sort 19 of appellate review of what they do by the 20 Commissioner, who will then have the power to 21 redirect them, at least as I understand it. 22 My question is, as a strong 23 believer that local school boards, local 11533 1 governments, governments of all levels, when we 2 give them constitutional power, we give them the 3 ability to make those changes, what is there 4 about the political process that failed to elect 5 a school board that would have done exactly what 6 you want to do, which is the right thing. 7 THE PRESIDENT: Senator Levy. 8 SENATOR LEVY: There are a number 9 of factors, and let me say to you that, based 10 upon my experience, the new superintendent, who 11 is the superintendent of the Roosevelt School 12 District, is a quality, able person, but I would 13 have to tell you that for the immediate period 14 prior to the appointment of the incumbent 15 superintendent, there was a comprehensive 16 failure of leadership, in my judgment, in 17 representing the district -- looking back, a 18 comprehensive failure of leadership for the 19 immediate preceding period of time on the 20 executive level within the school district; and 21 it has been exacerbated by the fact that as the 22 quality of the school district deteriorated, 23 what we have experienced -- notwithstanding the 11534 1 spending of $10,000 a pupil in the school 2 district, we have had an explosion of parents 3 taking their children out of the public school 4 system and, no matter how difficult it was 5 financially, no matter how painful it was, 6 putting their children into the private school 7 system and, consequently, there was a failure on 8 the educational level, there is a failure in the 9 physical plant, there is a failure of discipline 10 within the school district among the student 11 body, and the people in the community, for 12 whatever reason until this last election, did 13 not turn out in significant numbers to elect 14 strong people to the board, but you can say that 15 -- you can say that in elections for whatever 16 offices anywhere in this country. 17 THE PRESIDENT: Senator 18 Dollinger. 19 SENATOR DOLLINGER: Again, 20 through you, Madam President. If Senator Levy 21 -- I'm trying to put my thoughts together on 22 this point. 23 In essence, the political process 11535 1 has begun that change. There is a new superin 2 tendent who will bring, I think, to use your 3 words, that sense of discipline and account 4 ability that you and I think this state wants to 5 achieve in local public school. 6 SENATOR LEVY: I have to tell you 7 that, based upon the two inquiries, that though 8 the superintendent is a quality leader, an 9 experienced leader, he does not have the 10 personnel nor has he been able to put together 11 the instructional coordination and oversight to 12 be able to provide any form -- to be able to 13 provide a form of quality education to the 14 students, and he needs the help. 15 He needs the help and the 16 expertise of the state Department of Education, 17 which is going to put a top-flight person in 18 there and back up quality staff people in there 19 with the special deputy to help the 20 superintendent and the board and the community 21 board to turn that district around. 22 THE PRESIDENT: Senator 23 Dollinger. 11536 1 SENATOR DOLLINGER: Again, if 2 Senator Levy will yield to one follow-up 3 question? 4 SENATOR LEVY: Yes. 5 SENATOR DOLLINGER: What I want 6 to understand is, why couldn't the people in 7 this school district -- I assume this is a 8 school district that has annual budget approval 9 by the voters. Why couldn't the people of this 10 district decide that they wanted to give the 11 funds to the superintendent to allow him to 12 achieve the same thing without our 13 intervention? They clearly have the power to do 14 that, do they not? 15 THE PRESIDENT: Senator Levy. 16 SENATOR LEVY: Senator, I think, 17 based upon those two inquiries, my conversations 18 with Regent Sanford, my conversations with the 19 Department of Education, that the ability to 20 straighten out this school district is beyond 21 the people who are in place there now. It 22 cannot be done without the intervention of the 23 state, and I really was very reluctant to go 11537 1 this route, but it is an emergency that has to 2 be dealt with. 3 THE PRESIDENT: Senator 4 Dollinger. 5 SENATOR DOLLINGER: I understand 6 Senator Levy's reluctance. I share that 7 reluctance. That's why I'm trying to get this 8 clear in my own mind. 9 I guess my final question is, is 10 it your opinion, the Commissioner's opinion and 11 the Regents' opinion, that the parents in the 12 community that have the voting authority over 13 the budget and the voting authority over members 14 of the school board, that that parent and 15 community can not fix this system by 16 themselves? 17 THE PRESIDENT: Senator Levy. 18 SENATOR LEVY: Senator Dollinger, 19 I told you about the school board election and 20 600 people came out. This is a very, very large 21 community. Even though 600- plus people in a 22 school board election in the Roosevelt community 23 is a significant turnout, it's a drop in the 11538 1 bucket as it relates to the number of people 2 that resides in the district and, whether they 3 have children in public school or private 4 school, they are real property taxpayers, and 5 they didn't come out in large enough numbers. 6 THE PRESIDENT: Senator 7 Dollinger. 8 SENATOR DOLLINGER: Madam 9 President, on the bill. I will be very brief. 10 I appreciate what Senator Levy is 11 trying to do with this bill. I appreciate what 12 the Commissioner of Education is trying to do. 13 I think the issue is when, be 14 cause of poor performance and poor account 15 ability, this state should intervene and assist, 16 as this plan does, is a critical issue for the 17 future of our state as well as for the children 18 in this school district. 19 But I personally believe that the 20 failure here is a failure on the part of the 21 voters and parents in this school district, and 22 the problem is -- we have it every year in every 23 school district I represent -- only 600 people 11539 1 vote and, unfortunately, like every elected 2 official, a school board member sits down and 3 says, "I was elected by 300 people." 4 In my school district, in the 5 town of Brighton, for example, we have about 6 30,000 people in the district, and the actual 7 number of people that vote is usually less than 8 1500. 9 But from the point of view of our 10 system of accountability, they have as much 11 right and power to vote on issues that affect 12 the school district as I do, having been elected 13 by only 75,000 people out of the 300,000 that I 14 represent. 15 My concern is, Senator -- I 16 appreciate your efforts. You are doing the 17 right thing. But my fear is that we're doing it 18 the wrong way, and that the power -- the failure 19 in this school district has to be, at least in 20 my judgment, a failure on the part of the 21 community to demand that their own system be 22 accountable, and my fear is that this solution 23 does not solve the underlying problem, which is, 11540 1 it doesn't empower and strengthen the ability of 2 the local community to stand up and demand 3 change. 4 What we're doing is, we're 5 saying, "We've got the way to change it and the 6 change is going to come from the top down." The 7 long-term change for this school district, as I 8 believe it is for every school district in this 9 state to improve the quality of education, is to 10 have the parents in the community stand up and 11 say, "We don't need the Commissioner of 12 Education to tell us this. We don't need anyone 13 at the top to assist us in doing this. We can 14 empower ourselves to do it. We can demand the 15 change. We can demand that our children get 16 educated." 17 Until that happens, we won't have 18 the fundamental growth of education; and it is 19 unfortunate but, at least in my judgment, based 20 on what I have heard in this room today, unless 21 the people in this school district stand up and 22 say, "We want more accountability; we want a 23 better school district; we want better 11541 1 education," no matter what we do, we won't 2 really change it. 3 Senator, this is an issue which, 4 for me, is a very close one and a very difficult 5 one. But, at least based on what I have heard, 6 I believe we send the wrong message throughout 7 this state if we try to impose that solution 8 from the top rather than let it percolate up 9 from the bottom through empowered parents who 10 want to make the necessary changes. 11 SENATOR LEVY: Senator Dollinger, 12 let me just respond by saying, though this may 13 be the first instance in the field of public 14 school education, we had financial problems in 15 the city of New York in the '70s, and we 16 created, with a different name, an Emergency 17 Financial Control Board which has been utilized 18 in other parts of the state when there have been 19 other similar problems that threaten the 20 survival of the particular local governmental 21 body. 22 In New York City, it was the 23 threat of bankruptcy that drove us to do it, and 11542 1 we're doing it here because of the threat of 2 educational bankruptcy in the Roosevelt school 3 district and, as it was right and worked in the 4 city of New York with the control board, 5 hopefully and expectantly, it will work here 6 with the Roosevelt School District. 7 SENATOR DOLLINGER: Madam 8 President, if I can just respond. 9 THE PRESIDENT: Senator 10 Dollinger. 11 SENATOR LEVY: Yes. 12 SENATOR DOLLINGER: I greatly 13 appreciate that, because I think that's an 14 example of where government intervened because 15 the problem was inherently a financial problem; 16 that is, the amount of debt and the amount of 17 cost in their government exceeded the local 18 community's ability to pay for it. 19 What I, at least, hear today is 20 that our problem in the Roosevelt School 21 District is of a slightly different nature. 22 It's not that we don't have enough money to pay 23 the bills. It's not that they have refused to 11543 1 approve budgets to pay the cost. The problem is 2 one of the quality of educational services. 3 My concern is that that is a much 4 more difficult issue for anyone to try to 5 rectify because the issue is more complicated. 6 The role of the parents in education, the role 7 of the instructor, the role of administration, 8 are more complicated than the simple -- and I 9 say "simple" with quotation marks around it 10 because I don't mean to make light of the fact 11 that both in the city of New York, city of 12 Yonkers, we may do the city of Troy -- those are 13 not simple financial problems. 14 But the complexity of education 15 should drive us to the conclusion that the only 16 way to get the resolution here is to empower the 17 parents, to give them the ability to have the 18 control over the system. 19 My fear is that based on my 20 experience in watching education -- I remember 21 those instances in which federal courts tried to 22 take over school districts to achieve beneficial 23 social purposes, with the best possible inten 11544 1 tion in my judgment, the strongest compelling 2 need in the history of our country -- racial 3 segregation -- in an attempt to achieve the 4 laudable goal of integration and equal 5 opportunity for everyone, and I think about the 6 terrible, difficult problems that were attendant 7 upon that, when someone outside the community 8 was making the critical decisions that impacted 9 that community, and the local control through 10 voting power was somehow taken away. 11 Senator, as I said, this is a 12 very difficult issue for me, and I understand 13 that as you possibly rise to say you are going 14 to let the school board continue to make those 15 decisions, but the fear is that that presence of 16 a Commissioner who will review them all on 17 appeal or have the ability to suspend them, it 18 may not come to pass. I agree with you, and I 19 may anticipate what you're going to say, which 20 is, "The board could make all the changes and 21 the Commissioner may never exercise the power we 22 give him." 23 SENATOR LEVY: No, what I'm going 11545 1 to say to you is there is a broad-based 2 community advisory committee that is a part of 3 this legislation, and it's going to involve the 4 teachers that work in the school district, the 5 administrator, people that live in the 6 community, community leaders, and they are going 7 to be a part of this process with the 8 Commissioner's representative and the board and 9 the superintendent. 10 THE PRESIDENT: Senator 11 Dollinger. 12 SENATOR DOLLINGER: But, Senator, 13 my point is, if that's a good idea, which it may 14 well be, the local officials empowered by the 15 people can create that commission and can give 16 it every power that we are giving it today by 17 this legislation. 18 I will conclude, Madam 19 President. This is a difficult bill for me. I 20 don't want to shortchange the children in this 21 school district. I applaud Senator Levy for 22 having the heart and the conviction to take 23 their plight to what he believes is the best 11546 1 possible solution for them. 2 I understand his frustration not 3 having children educated and a local board of 4 education that may seem indifferent to the lack 5 of quality education. It shouldn't go on in 6 Long Island, and it shouldn't go on in the city 7 of Rochester, and it does go on in the city of 8 Rochester. 9 We have failing schools. We have 10 substandard schools. But the solution lies in 11 the parents and in the community. Our system 12 now permits that to happen. It's through the 13 ballot box. It's through the power of voting. 14 I don't think we should take that power away or 15 infringe on it. If we're going to change the 16 schools in this system it's going to be through 17 the parents in the community, and, 18 unfortunately, it won't happen through the 19 actions in this chamber. 20 THE PRESIDENT: Senator Gold, why 21 do you rise? 22 SENATOR GOLD: Madam President, I 23 ordinarily would not do this, but I just ask 11547 1 some indulgence. I'm being called out of the 2 chamber, and I may not be here or at the Finance 3 Committee. I understand the Energy Committee is 4 handling the nomination of a soon-to-be former 5 Assemblyman by the name of Rappleyea, and I 6 really could not let the opportunity go to 7 congratulate the Governor. 8 "Rap" Rappleyea is one of the 9 really fine people who I have had the pleasure 10 to meet in government, and I'm glad that the 11 Governor has been looking at the Assembly and 12 finding some of the talent over there even 13 though he seems to be looking at one side of the 14 aisle. 15 But there is talent there, and I 16 know that "Rap" has taken the benefit of a 17 Cornell education to its nth degree, and he has 18 been a marvelous legislator, and I have great 19 faith that he is going to do a wonderful job in 20 the power field, and I'm just sorry I won't be 21 here at that point, but I appreciate the 22 courtesy of letting me make a short remark at 23 this point. 11548 1 THE PRESIDENT: Thank you, 2 Senator Gold. 3 Senator Jones. 4 SENATOR JONES: Yes, Madam 5 President. On the bill. 6 I wish to thank Senator Levy - 7 THE PRESIDENT: Senator Volker. 8 SENATOR VOLKER: Madam President, 9 excuse me. I'm sorry. Could we just open up 10 the roll, just for one of the Senators that has 11 to go to an Energy meeting, Senator Dollinger. 12 THE PRESIDENT: Read the last 13 section, please. 14 THE SECRETARY: Section 7. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 SENATOR DOLLINGER: For the 19 reasons stated, Madam President, I vote no. 20 THE PRESIDENT: Senator Dollinger 21 in the negative. 22 Withdraw the roll call, please. 23 SENATOR JONES: I want to thank 11549 1 Senator Levy, first of all, for allowing me 2 personally to speak with the Regents and to 3 speak with people from the state Ed' Department 4 about this situation. 5 As most of you know, where I come 6 from, I spent my life with children, and I guess 7 I'm really not interested in many of the 8 intricacies that were talked about today. I'm 9 interested in the children. 10 I'm thoroughly convinced from 11 listening to these people that we would be doing 12 a terrible disservice to allow this to 13 continue. I really thank Senator Levy for 14 bringing it to our attention. 15 If there's any other schools, as 16 Senator Leichter said, as bad as this one, then 17 we need to be doing something about it. 18 I agree with Senator Dollinger, 19 parents should be acting, communities should be 20 acting but, if they are not, we have a group of 21 innocent people here who we are condemning to 22 this life of poverty and welfare that we rail so 23 much about here on this floor. 11550 1 These children are sitting in a 2 classroom where there is no hope for the future, 3 and there is no reason for them to do anything 4 but continue in the same situation that they're 5 in, and it is financial. I disagree with 6 Senator Dollinger. It is financial in that it's 7 clearly a misuse of funds that are going into 8 this school system. 9 When I was a teacher, and I used 10 to agonize daily over a child every year in my 11 class that I knew I was sending home to some 12 horrible situation, I remember my colleagues 13 used to say to me, "Look, sometimes you have to 14 accept that the most you can do for these 15 children is to provide them with six hours a day 16 where they are happy, comfortable and are 17 succeeding." 18 Well, ladies and gentlemen, these 19 children aren't even getting that, so if we're 20 not even giving them some hope of a better 21 future or some message that we care about what 22 becomes of them, then I think we're doing a 23 terrible disservice and I would be interested in 11551 1 looking at any other school that is clearly in 2 the situation that this one is. 3 So thank you, Senator Levy, and I 4 think the children in this school district 5 should thank you as well. I certainly will 6 support your bill. 7 THE PRESIDENT: Thank you, 8 Senator Jones. 9 Senator Marcellino. 10 SENATOR MARCELLINO: Thanks, 11 Madam President. 12 I rise on this occasion. It's a 13 sad one. As a former educator, I guess you got 14 to call yourself an educator for the rest of 15 your life. You are maybe out of the classroom, 16 but you never take the classroom out of your 17 thinking. 18 This district is committing one 19 of the most heinous crimes it can commit. It's 20 allowing its youth to go down the toilet. It's 21 allowing its educational system -- pardon my 22 analogy, but it's allowing its educational 23 system to be destroyed. It's getting involved 11552 1 in internecine warfare, which it shouldn't be 2 involved in. 3 Forces other than educators or 4 people interested in education truly are running 5 the district and running it amuck, when you have 6 superintendents replaced at will almost, when 7 you have principals who don't last two or three 8 months and can not establish, when you have 9 failure to provide people with the proper 10 wherewithal to do a job they are hired to do, 11 when you have board members interfering with the 12 day-to-day operation of a school, which is not 13 what a board is elected to do. 14 I was a member of a school 15 board. You do not and are not supposed to be 16 involved in the day-to-day operations. The 17 school board has one major function in the 18 hiring and it hires the superintendent, and its 19 function then is to give that superintendent a 20 charge and let that person do the job and review 21 it periodically to make sure the job is being 22 done. Periodically doesn't mean day to day 23 because you can not do a job like that. 11553 1 Senator Levy has taken on a task 2 that is a very, very difficult one, and I think 3 -- I know he has done a superb job on this. 4 This is not an easy issue, as we all agree. 5 When you are dealing with the education of our 6 children, you are dealing with the most 7 important product that this state can deal 8 with. These are not just words. These are 9 true. This is reality. 10 If the State of New York, if the 11 State Education Department, doesn't become more 12 proactive in moving into districts that are 13 clearly failing, we will be doing -- we in this 14 chamber, we in the Legislature, because we have 15 the responsibility for monitoring education in 16 this state and, if we allow this to happen, we 17 will be derelict in our duty, and we could not 18 go back to our districts and say we have done 19 our job appropriately. 20 Senator Levy has worked out what 21 I think is a proper compromise bill, one that 22 will allow the state Education Department to 23 come in there, work with the community and do 11554 1 what Senator Dollinger wanted to be done - 2 laudable. Bring the community into the system, 3 involve them, work with them, get their input, 4 and try to keep out those forces which are 5 working not to educate but to create political 6 fiefdoms, and this we don't need in education, 7 there's all too much of it. 8 The state Ed' Department has to 9 become more proactive throughout the state to 10 prevent that sort of thing from happening. To 11 my knowledge, it doesn't do enough to really 12 protect our children. 13 This bill should be passed and 14 should be supported. I support it. 15 THE PRESIDENT: Senator LaValle. 16 SENATOR LAVALLE: Thank you, 17 Madam President. 18 Senator Levy, you should be 19 congratulated on bringing this bill before us 20 for a vote today and, as you have on so many 21 occasions been proactive on problems in your 22 district, in your area and, indeed, fashioned a 23 solution that I think balances the needs between 11555 1 the various stakeholders that are involved. 2 I'm sorry Senator Dollinger had 3 to go to a committee meeting, because I think 4 for some of the very reasons that he talked 5 about, he should actually be supporting this 6 bill. But before I mention that, I think it's 7 important why this bill is before us and I 8 think, Senator Levy, you have fashioned out, in 9 the findings and the declaration, that "The 10 Legislature hereby finds that an emergency 11 exists in the Roosevelt Union Free School 12 District that threatens the health and safety 13 and educational welfare of school children 14 attending the schools of the district..." and 15 you go on, and I have not seen such strong 16 language. "In particular, the junior and senior 17 high school are dysfunctional and are not 18 providing a sound basic education to students." 19 And so, while there may be many 20 such districts, I think that this bill today 21 that allows for the district to create a 22 correctional action plan, that provides for a 23 citizens advisory committee, that provides for 11556 1 temporary closure of school buildings and 2 involves the board, through all of these 3 elements, I think you are bringing together in 4 this bill a very important model for us in 5 addressing other problems to begin -- to begin 6 to try to deal with some of the problems in 7 other districts in this state. 8 And so, I think you should be 9 complimented for bringing about a very careful 10 balance that so many other people would have 11 said -- thrown up their hands and said, "I can't 12 deal with all the different stakeholders that 13 are saying, "No, move in the right direction"; 14 "Move in the left direction"; "Move up"; "Move 15 down"; but you got involved and you crafted 16 something that is very worthy and, I'm sure, 17 will be very beneficial to the children that you 18 are trying to address. 19 So I hope this bill gets a yes 20 vote. 21 ACTING PRESIDENT KUHL: Read the 22 last section. 23 THE SECRETARY: Section 7. This 11557 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 55, nays 1, 6 Senator Dollinger recorded in the negative. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Senator Volker. 10 SENATOR VOLKER: Mr. President. 11 Calendar 1573, Senator Trunzo, if there are no 12 Minority questions, we can call up that bill, 13 please. 14 ACTING PRESIDENT KUHL: There is 15 a substitution first, Senator Volker, but we 16 will call up Calendar Number 1573, by Senator 17 Trunzo, Senate Print Number 5321. 18 The Secretary will read the 19 title. 20 THE SECRETARY: Senator Trunzo 21 moves to discharge from the Committee on Rules 22 Assembly Bill Number 8282A and substitute it for 23 the identical Calendar Number 1573. 11558 1 ACTING PRESIDENT KUHL: 2 Substitution is ordered. Secretary will read 3 the title. 4 THE SECRETARY: Calendar Number 5 1573, by the Assembly Committee on Rules, 6 Assembly Print Number 8282A, an act to amend 7 Chapter 12 of the Laws of 1995, relating to 8 providing a retirement incentive. 9 ACTING PRESIDENT KUHL: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 56. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Volker. 20 SENATOR VOLKER: Mr. President, 21 on behalf of Senator Norman Levy, there will be 22 an immediate meeting of the Senate Transporta 23 tion Committee in Room 123, an immediate meeting 11559 1 of the Senate Transportation Committee in Room 2 123. 3 ACTING PRESIDENT KUHL: There 4 will be an immediate meeting of the Senate 5 Transportation Committee in Room 123. 6 Senator Volker. 7 SENATOR VOLKER: Will you call up 8 -- Mr. President. Call up Senator Goodman's 9 print -- Calendar Number 755. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the title. Calendar Number 755, 12 that's on the first calendar of the day, 13 Calendar Number 69. 14 Secretary will read the title. 15 THE SECRETARY: Calendar Number 16 755, substituted earlier today, by member of the 17 Assembly Sanders, Assembly Print 6639B, an act 18 to amend Chapter 687 of the Laws of 1991, 19 amending the General Business Law. 20 SENATOR STACHOWSKI: Explanation. 21 ACTING PRESIDENT KUHL: Senator 22 Goodman, an explanation of Calendar Number 755 23 has been asked for by Senator Stachowski. 11560 1 SENATOR GOODMAN: Mr. President, 2 this bill passed in this house earlier, within 3 the last several weeks, and went to the Assembly 4 where some amendments were made and is now back 5 to us for final passage. 6 The background of the bill is as 7 follows: Approximately four years ago, the 8 state Legislature passed a much needed law that 9 confirmed New York City's right to regulate 10 sidewalk vending in severely congested business 11 districts even if the vending is conducted by 12 disabled veterans. Now, that very sensible law 13 is expiring, and its continuation is up for 14 consideration here before us today. 15 The City needs the power it holds 16 under the expiring law to enforce the reasonable 17 restrictions on peddling. I would like to point 18 out that the City was literally inundated with 19 an influx of peddlers after a 1990 state court 20 ruling upheld an 1894 -- that's 1894 -- statute 21 granting disabled veterans the right to peddle 22 goods on any city street. 23 Shopping areas that had 11561 1 previously been off limits to vendors, like the 2 elegant stretch of Manhattan's Fifth Avenue 3 south of Central Park, became densely packed 4 flea market areas in a state of virtually total 5 confusion when coupled with the numerous 6 out-of-state and out-of-city visitors who 7 congregate on that avenue for shopping purposes. 8 Disabled veterans, many recruited 9 by merchandisers of cheap ties, scarves and 10 counterfeit designer watches, rushed to take 11 advantage of their special peddling status, 12 hawked their wares from large folding tables and 13 cardboard boxes set up on sidewalks already 14 jammed with pedestrians. 15 This scene is likely to be 16 repeated again to the detriment of the City in 17 the event that we fail to take action today. 18 The City would be powerless to affect it if the 19 present law is allowed to expire on July 1. 20 We've already voted to make the law permanent, 21 but, unfortunately, in the Assembly they have 22 decided to make it only a two-and-a-half year 23 extender. 11562 1 Now, let me be very candid. I 2 speak to you as a member of the American Legion 3 and as a veteran with 38 months of service in 4 the United States Navy. I'm also a member of 5 other veterans groups, and I care very deeply 6 about the welfare of veterans. There's been an 7 altogether bogus series of objections raised by 8 veterans groups. For what purpose, I can not 9 imagine except perhaps a misguided and sincere 10 effort to protect veterans' interests, but that 11 is certainly not what is occurring here because 12 all people, including veterans, would be hurt if 13 our best shopping streets all around New York 14 City were to be once again restored to flea 15 market status, which would severely hurt the 16 economy and hurt employment in the City. 17 The American Legion unfairly 18 asserts that the Fifth Avenue Merchants 19 Association did not fulfill promises that it 20 made four years ago of job offers for displaced 21 veterans and money for disabled veterans. The 22 association has contributed $400,000 to a City 23 fund for disabled vets. It has offered them 11563 1 jobs but there were no takers. 2 I have in my possession Xeroxes 3 of the actual canceled checks totalling 4 $400,000, which were given to the veterans 5 groups. The Fifth Avenue Association lived up 6 fully to every letter of the agreement which was 7 entered into with the veterans and it's been, in 8 my opinion, grossly unfair to suggest that they 9 failed to live up to that. We have proof 10 positive that they did so to the substantial 11 benefit of veterans. 12 The controversy misses the point. 13 Denying the City the power it needs to regulate 14 peddling and to protect taxpaying merchants is 15 clearly to the detriment of the City. 16 Now, I would like to have you be 17 clear about exactly what the bill does. 18 It creates a zone within which 19 peddling may not occur but it also protects 20 peddling rights outside that zone. The zone is 21 from 30th to 65th Street. The zone runs from 22 Second Avenue to Ninth Avenue. 23 The veterans, in order to have 11564 1 their interests protected, have negotiated for 2 and won the right to add one veteran to a 3 four-member board, which will oversee the 4 implementation of this law. That board consists 5 of three City commissioners who will have a 6 veteran on there to protect any further 7 regulations issued by the City. 8 What we're doing today is to give 9 the City the right to set its rules for the 10 regulation of veterans. It has painstakingly, 11 along with the Fifth Avenue Association, 12 negotiated every possible consideration for 13 veterans groups, and I submit to you that this 14 combines two interests, that of the veterans 15 themselves and, clearly, that of the city of New 16 York and the viability of its economy. 17 SENATOR STACHOWSKI: Mr. 18 President. 19 ACTING PRESIDENT KUHL: Senator 20 Stachowski. 21 SENATOR STACHOWSKI: Thank you 22 very much for your explanation, Senator Goodman, 23 and I appreciate that you're a veteran, but I - 11565 1 SENATOR VOLKER: I'm sorry. I'm 2 sorry. 3 SENATOR STACHOWSKI: Oops! Go 4 ahead. 5 SENATOR VOLKER: I apologize. I 6 have to announce an immediate meeting of the 7 Finance Committee in the Senate Conference Room, 8 an immediate meeting of the Senate Finance 9 Committee in the conference room, Republican 10 Conference Room. 11 SENATOR STACHOWSKI: I will try 12 to be brief, Mr. President, because I have to go 13 to that meeting also. 14 I appreciate Senator Goodman's 15 pointing out the parts of the bill that are 16 effective, that we had voted for permanent and 17 that this one is only a two-and-a-half-year 18 extender, I believe, for the contents of the 19 bill, as explained by Senator Goodman. 20 My problem is that I have a 21 series of memos, three of them, to be exact, the 22 first of which came out right after we passed 23 that bill here, when we were told that was only 11566 1 opposed by a disgruntled group of disabled 2 veterans. 3 However, since that occasion - 4 and we did try to work with Senator Goodman and 5 the backers of the bill -- we have been sent 6 three separate memos by the American Legion of 7 the state of New York, opposing this bill, and I 8 will read the last memo which comes on this "B" 9 print. The memo reads as follows: 10 "A.6639-B which extends the ban 11 on disabled veteran vendors in certain parts of 12 the city of New York is opposed in its current 13 form as it does not address the concerns brought 14 forth or the suggestions made on behalf of 15 disabled veteran vendors. 16 "A vote in favor of this 17 legislation is a vote against the veterans of 18 our entire state. As you contemplate your vote, 19 ask yourself if the city of New York has lived 20 up to its original agreement. Ask yourself if 21 this is in the best interests of the veteran, 22 but, most of all, ask yourself if you want to 23 devalue the service disabled American veterans 11567 1 have rendered in the name of God and country." 2 I have no quarrel with what 3 Senator Goodman said, but I am not going to vote 4 against the American Legion and am not going to 5 vote against disabled veterans as addressed in 6 this memo and, because of the opposition by the 7 American Legion of the State of New York, I 8 suggest that whoever is interested in their 9 position vote no on this bill. 10 SENATOR GOODMAN: Will Senator 11 Stachowski yield briefly? 12 ACTING PRESIDENT KUHL: Senator 13 Stachowski, do you yield? 14 SENATOR STACHOWSKI: I'll take 15 one question, but then I'm going to Finance. 16 ACTING PRESIDENT KUHL: He yields 17 for one question, Senator Goodman. 18 SENATOR GOODMAN: Senator 19 Stachowski, I respectfully contend to you that 20 the memorandum from the American Legion is, at 21 best, disingenuous. I am holding up, and you 22 may inspect at your pleasure, the Xeroxes of 23 four checks totaling $400,000 which was part of 11568 1 the negotiation, the principal part, which was 2 to satisfy the desire of the disabled veterans' 3 groups for assistance with programs to aid 4 them. 5 It is inconceivable to me that 6 any responsible person in possession of the 7 facts could possibly charge that the veterans 8 did not get every consideration and that we did 9 not consummate an agreement into which they 10 entered fully and freely and which closed the 11 matter and which suddenly managed to get re 12 opened, and I contend to you that this outbreak 13 of veterans' memorandums is all triggered like a 14 case of the measles from one ill-informed 15 individual who has sought to completely distort 16 what actually happened here. 17 Not only did we issue $400,000 in 18 checks to a fund for the benefit of disabled 19 veterans, but the Fifth Avenue Association 20 undertook a conscientious program of employment 21 offering jobs at twice the minimum wage to any 22 veterans who had sought that type of assistance, 23 and there were practically no takers for that. 11569 1 I'm saying to you the deal was 2 made. The Fifth Avenue Association in the City 3 of New York more than lived up to the deal and, 4 therefore, the American Legion memorandum is 5 absolutely without merit and, to me, very 6 disheartening because it completely overlooks 7 the real interest of the veterans, of whom I am 8 one. I suspect you may be one, and I reiterate, 9 I'm a member of the American Legion, and, in 10 this instance, I'm very much ashamed of the way 11 in which this has been handled because, as a 12 member of the Legion, I regard it as a major 13 veterans' group of high integrity, and this memo 14 is obviously based on a very serious 15 misunderstanding of the facts. 16 SENATOR STACHOWSKI: Mr. 17 President, was that a question? He asked me to 18 yield. I just - 19 SENATOR GOODMAN: Yes. The 20 question is, do you understand what I have told 21 you? 22 (Laughter.) 23 SENATOR STACHOWSKI: Mr. 11570 1 President, to answer his question. 2 I understand what he said. I - 3 unfortunately, regardless of the circumstances 4 that the sponsor of the bill made, I don't take 5 the American Legion memos so lightly. They must 6 have a reason. They've had ample opportunity to 7 look at the situation. They've had ample 8 opportunity to be contacted by all sides, and 9 they still choose to put out this memo that I 10 had just previously read to you. The fact is 11 that the vote in the Assembly was very, very 12 close. It took a long time. 13 I don't know that it's necessary 14 to take a long time here. I think it's just in 15 the interest of the parties to decide that if 16 they want to vote with this -- in the best 17 interest of the veterans as described in this 18 memo or as described by the sponsor of the bill, 19 and I choose to side with the American Legion. 20 If I could -- if I can ask the 21 Majority Leader if I can vote and then go to 22 Finance, I would appreciate it. 23 ACTING PRESIDENT KUHL: Senator 11571 1 Volker? Senator Volker? 2 Are there any other speakers on 3 the bill? 4 (There was consultation off the 5 record.) 6 SENATOR VOLKER: Yes. Would you 7 open up the roll call, please. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT KUHL: Senator 16 Stachowski, how do you vote? 17 SENATOR STACHOWSKI: I vote no. 18 ACTING PRESIDENT KUHL: Senator 19 Stachowski will be recorded in the negative. 20 Senator LaValle, how do you 21 vote? 22 SENATOR LAVALLE: No. 23 ACTING PRESIDENT KUHL: Senator 11572 1 LaValle will be recorded in the negative. 2 Roll call is withdrawn. Debate 3 continues. Chair recognizes Senator Leichter. 4 SENATOR LEICHTER: Yes, Mr. 5 President. I will be very brief, and I'm sorry 6 Senator Stachowski had to leave. I understand 7 there's a Finance Committee that I've got to go 8 to, also. 9 I just want to say Senator 10 Goodman, I think, has made a real effort and 11 attempt to meet legitimate concerns of 12 veterans. I have some familiarity with this 13 situation, and Senator Goodman is absolutely 14 correct when he says that the promises that were 15 made to the veterans were kept. I think he is 16 also correct, and those of you who know New York 17 City, that we had a really intolerable situation 18 and there was a great deal of abuse. 19 Now, I think there isn't a person 20 here who is not supportive of veterans and 21 particularly of disabled veterans, but you had a 22 situation here where some veterans were actually 23 lending out, selling their license, where you 11573 1 had this street totally impassable. That 2 affected not only the city of New York and the 3 economic activity that goes on on Fifth Avenue, 4 it affected revenue of the state of New York. 5 A good resolution was worked 6 out. We passed this bill once and, since then, 7 further concessions have been made. I can 8 understand that the American Legion -- and I 9 think they're acting on misinformation -- came 10 out against it. But I just want to say to 11 Senator Stachowski, the American Legion like 12 anybody else can be wrong, and in this instance, 13 they really are. 14 This is a bill that we passed 15 before. We certainly deserve to pass it again, 16 and it's important to the city of New York, and 17 it is not harmful to veterans. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 11574 1 (The Secretary called the roll.) 2 ACTING PRESIDENT KUHL: Announce 3 the results when tabulated. Negatives, please 4 raise their hands. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar 755 are Senators 7 Hoblock, LaValle, Leibell, Marcellino, Mendez, 8 Onorato, Paterson, Sears, Skelos, Smith, and 9 Stachowski, also Senator Velella. Ayes 44, nays 10 12. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Chair recognizes Senator Volker. 14 SENATOR VOLKER: Mr. President, 15 will you call up Senator Velella's Calendar 16 Number 1564. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the title of Calendar Number 1564. 19 It's on Supplemental Calendar Number 1. 20 THE SECRETARY: Calendar Number 21 1564, by Senator Velella, Senate Print 5469A, an 22 act to amend the Insurance Law and the Public 23 Health Law, in relation to creation of a 11575 1 competitive market. 2 ACTING PRESIDENT KUHL: Senator 3 Volker. 4 SENATOR VOLKER: Is there a 5 message at the desk? 6 ACTING PRESIDENT KUHL: There is. 7 SENATOR VOLKER: Move to accept 8 the message, please. 9 ACTING PRESIDENT KUHL: The 10 motion is to accept the message of necessity. 11 All in favor, signify by saying 12 aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response.) 16 The message is accepted. 17 SENATOR SOLOMON: Explanation. 18 ACTING PRESIDENT KUHL: Senator 19 Velella, an explanation of Calendar Number 1564 20 has been asked for by several members of the 21 Minority. 22 SENATOR VELELLA: Thank you, Mr. 23 President. 11576 1 This legislation will help to 2 address a problem which many individuals in New 3 York State are having in securing health 4 insurance. Some writers have called next year 5 the Super Bowl of health care in New York 6 State. This is probably the first step to the 7 playoffs in the voyage to that Super Bowl. 8 The bill will require HMOs to 9 offer a generous and comprehensive benefit 10 package that includes prescription medication, 11 and it will further require HMOs to offer a 12 point of service product to ensure that those 13 who wish to and are in a managed care plan may 14 have the opportunity to seek out their own 15 physicians and have coverage for them. 16 This bill will also phase out the 17 demographic pools and shift money to a specified 18 medical conditions pool. 19 There will also be required a 20 consumer shopping guide to be published which 21 will advise the public about the costs of each 22 of the programs that are being adopted under 23 this program and will give them the opportunity 11577 1 to comparatively shop for the best health plan 2 that they can get. 3 ACTING PRESIDENT KUHL: Senator 4 Paterson. 5 SENATOR PATERSON: Mr. President, 6 I know that Senator Solomon would like to ask 7 some questions. I just have a brief question, 8 if Senator Velella will yield. 9 ACTING PRESIDENT KUHL: Senator 10 Velella, do you yield to Senator Paterson for a 11 question? 12 SENATOR VELELLA: Yes. 13 ACTING PRESIDENT KUHL: The 14 Senator yields. 15 SENATOR PATERSON: Senator 16 Velella, my question relates to the specified 17 medical condition pool, on page 3, Section 5, of 18 the bill where you're phasing out the demo 19 graphic pools. We are setting up a technical 20 advisory committee, nine members on the 21 committee, three appointed by the Superin 22 tendent, including the chair; three by the 23 Majority Leader, three by the Speaker. I just 11578 1 wondered, with three appointments of the 2 majorities in both houses, why the Minority 3 Leaders were not afforded at least one of the 4 three appointments? 5 SENATOR VELELLA: Senator, you 6 have a well-taken point, and I have just been 7 advised that there is a chapter amendment that 8 is being considered which will include those 9 ideas, so that the Minority Leader will have an 10 appointment. 11 SENATOR PATERSON: Oh, that's 12 great. As a matter of fact, put an appointment 13 in for the Deputy Minority Leader. 14 Thank you. 15 ACTING PRESIDENT KUHL: Senator 16 Solomon. 17 SENATOR SOLOMON: Thank you, Mr. 18 President. Will Senator Velella yield? 19 ACTING PRESIDENT KUHL: Senator 20 Velella, do you yield to Senator Solomon for a 21 question? 22 SENATOR VELELLA: Yes. 23 ACTING PRESIDENT KUHL: The 11579 1 Senator yields. 2 SENATOR SOLOMON: Senator, I'm 3 going to ask you two or three questions, but 4 I'll preface the questions, so that the people 5 in this house understand your answers. So that 6 the people in this house understand the answers 7 to the subsequent questions, could you just 8 explain what a point of service plan is? 9 SENATOR VELELLA: Senator, as you 10 know, we have been moving towards the managed 11 care concept, providing services from a panel 12 for people who are in plans. The idea is that 13 that will ultimately help bring down the cost. 14 The point of service plan that 15 will be adopted under this legislation is sort 16 of a hybrid. You have a panel that you go to 17 and is covered but, if you choose instead to use 18 a physician or service that is not within the 19 plan, as a member of the plan or a designated 20 party in the plan, you will then get 80 percent 21 of the fair and reasonable costs of that 22 service. So you will be covered for out-of-plan 23 services, but you would have to have the 20 11580 1 percent pickup. 2 SENATOR SOLOMON: Mr. President, 3 if Senator Velella will continue to yield? 4 ACTING PRESIDENT KUHL: Do you 5 continue to yield, Senator? 6 SENATOR VELELLA: Yes. 7 ACTING PRESIDENT KUHL: The 8 Senator continues to yield. 9 SENATOR SOLOMON: Senator, as I 10 understand it, the point of service, which can 11 be a very expensive part of health insurance 12 because it's direct reimbursement, is an option 13 to the basic HMO policy. Is that correct? 14 SENATOR VELELLA: Yes. There are 15 two plans here, the HMO plan and then the 16 stepped-up plan or the plan with a few more 17 bells and whistles, and that is the point of 18 service plan, where you have the option of going 19 out of the system. 20 The straight HMO plans, you have 21 to go to the physicians and the services 22 listed. It is a step up and, therefore, it is a 23 little bit more expensive. 11581 1 SENATOR SOLOMON: Senator, you 2 just answered the next question. The HMO -- the 3 POS option, as we refer to it -- the point of 4 service option -- would be an added expense for 5 which the subscriber to the plan could choose 6 that option. My question is would that added 7 expense - 8 ACTING PRESIDENT KUHL: Senator 9 Velella, do you continue to yield? 10 SENATOR SOLOMON: Do you yield? 11 SENATOR VELELLA: Yes. 12 SENATOR SOLOMON: Thank you. 13 ACTING PRESIDENT KUHL: The 14 Senator continues to yield. 15 SENATOR SOLOMON: Senator, will 16 that added expense be placed into the overall 17 cost of the HMO plan, or will it be kept 18 separate so, in terms of point of service 19 option, it could end up, depending upon the pool 20 of people that subscribe to it, being an 21 extremely expensive option, but it would be an 22 option that would be paid for by subscribers to 23 the point of service part? 11582 1 SENATOR VELELLA: Yes. There 2 will be three options that the people will have 3 and that will be -- the first option is to 4 remain as is in the plan that they are in, which 5 is their indemnity plan if they are in that; 6 secondly, would be the HMO; and third would be 7 the point of service. The cost differential 8 would be attributed only to that extra bell or 9 whistle that's on there, that point of service 10 piece that allows them to go outside the plan. 11 SENATOR SOLOMON: Thank you, Mr. 12 President. 13 SENATOR DOLLINGER: Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 Dollinger. 17 SENATOR DOLLINGER: One question 18 for Senator Velella, if he will yield. 19 ACTING PRESIDENT KUHL: Senator 20 Velella, do you yield to Senator Dollinger? 21 SENATOR VELELLA: Yes. 22 ACTING PRESIDENT KUHL: The 23 Senator yields. 11583 1 SENATOR DOLLINGER: If I get the 2 right answer, I may surprise you by agreeing 3 with you on a second bill today, Senator. 4 SENATOR VELELLA: Senator, I 5 would seriously consider recommitting the bill 6 if that happened. 7 SENATOR DOLLINGER: Senator, what 8 is the impact of this bill on community rating 9 which, as you know, is a big issue for me? I 10 come from Rochester where community rated, 11 established community -- we're moving down the 12 road with all kinds of experimentation with that 13 system; but, nonetheless, what's the impact of 14 this on community rating? 15 SENATOR VELELLA: Well, Senator, 16 we're changing the pool from a demographic pool, 17 as we said, to a pool which is dealing with the 18 illnesses or the people who are afflicted. So 19 the pool will be based now on medical condition 20 rather than on particular location. It's our 21 belief that that will spread around the risk a 22 lot more evenly and will not regionalize the 23 problems that we have in community rating, so 11584 1 that it will be a broader base. It should 2 average out a lot better for the consumer. 3 SENATOR DOLLINGER: So -- again, 4 through you, Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Velella, do you continue to yield? 7 SENATOR VELELLA: Yes. 8 ACTING PRESIDENT KUHL: The 9 Senator continues to yield. 10 SENATOR DOLLINGER: So the effect 11 of this should be, actually, to enhance commun 12 ity -- the benefits of the community rating 13 model and not in any way impede a community 14 rated established area such as Rochester? 15 SENATOR VELELLA: Right. You are 16 correct, Senator. 17 SENATOR DOLLINGER: Mr. 18 President, I guess you have to recommit the 19 bill. 20 ACTING PRESIDENT KUHL: Senator 21 Abate. 22 SENATOR ABATE: Would the Senator 23 yield to a question? 11585 1 ACTING PRESIDENT KUHL: Senator 2 Velella, do you yield to Senator Abate? 3 SENATOR VELELLA: Yes. 4 ACTING PRESIDENT KUHL: The 5 Senator yields. 6 SENATOR ABATE: Are there 7 opponents to the point of service plan, and who 8 are they, and why are they opposed? 9 SENATOR VELELLA: Senator, let me 10 tell you, in my years in Albany, I have never 11 advanced anything that I couldn't find someone 12 who opposed it, and I'm sure that if you - 13 SENATOR ABATE: To your 14 knowledge. To your knowledge. 15 SENATOR VELELLA: -- I'm sure 16 that if you look far enough, you will find 17 somebody who opposes this. I would say that the 18 basis of that opposition is on a misunderstand 19 ing of the bill, because I know of no -- no 20 memorandums that have been filed in opposition 21 and no organized group that has opposed it. But 22 I'm sure somebody out there may not like it. 23 SENATOR ABATE: Senator, would 11586 1 you yield to a second question? 2 SENATOR VELELLA: Yes. 3 ACTING PRESIDENT KUHL: Senator 4 continues to yield. 5 SENATOR ABATE: There are some 6 concerns that the bill doesn't go far enough, 7 and that is further expanding the health care 8 network to additional providers, and the other 9 concern is the utilization review procedures. 10 Are you considering in the future additional 11 legislation to encompass these areas? 12 SENATOR VELELLA: I just wanted 13 to verify - 14 Some of those issues, as we speak 15 now, are being negotiated between the Assembly, 16 the Senate and the Governor's Office on 17 Utilization Review. 18 But Senator Hannon has already 19 passed several bills dealing with utilization 20 review, which I think will go a long way to 21 helping improve the problems that you see. 22 SENATOR ABATE: Those provisions 23 for - 11587 1 ACTING PRESIDENT KUHL: Senator 2 Velella, do you continue to yield? 3 SENATOR VELELLA: Yes, I do. 4 ACTING PRESIDENT KUHL: The 5 Senator continues to yield. 6 SENATOR ABATE: So those 7 provisions for utilization review will not be 8 inconsistent with this legislation? 9 SENATOR VELELLA: No. 10 SENATOR ABATE: All right. Thank 11 you. 12 SENATOR VELELLA: You're welcome. 13 ACTING PRESIDENT KUHL: Read the 14 last section. 15 THE SECRETARY: Section 14. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 56. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 Senator Volker. 11588 1 SENATOR VOLKER: Take up Calendar 2 Number 894. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the title of Calendar Number 894, 5 which is on the initial calendar, Calendar 69 6 for the day. 7 THE SECRETARY: Calendar Number 8 894, by Senator Sears, Senate Print 1355C, an 9 act to amend the Environmental Conservation Law, 10 in relation to prohibiting the feeding of deer. 11 SENATOR VOLKER: Is there a 12 message at the desk? 13 ACTING PRESIDENT KUHL: Senator 14 Volker, there is a message at the desk. 15 SENATOR VOLKER: Move to accept 16 the message, please. 17 ACTING PRESIDENT KUHL: The 18 motion is to accept the message of necessity on 19 Calendar Number 894. 20 All those in favor, signify by 21 saying aye. 22 (Response of "Aye.") 23 Opposed, nay. 11589 1 (There was no response.) 2 The message is accepted. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 60th day. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 56. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Senator Volker. 14 SENATOR VOLKER: Mr. President, 15 would you call up Calendar Number 1491, please, 16 by Senator Libous. 17 ACTING PRESIDENT KUHL: On the 18 same calendar, Calendar Number 69, first 19 calendar of the day, the Secretary will read the 20 title of Calendar Number 1491. 21 THE SECRETARY: Calendar Number 22 1491, by Senator Libous, Senate Print 5441A, an 23 act to amend the Criminal Procedure Law and the 11590 1 Mental Hygiene Law, in relation to providing 2 criminal history records. 3 ACTING PRESIDENT KUHL: Senator 4 Volker. 5 SENATOR VOLKER: Is there a 6 message at the desk, please? 7 ACTING PRESIDENT KUHL: There is. 8 SENATOR VOLKER: I move we accept 9 the message, please. 10 ACTING PRESIDENT KUHL: The 11 motion is to accept the message of necessity on 12 Calendar Number 1491. 13 All those in favor, signify by 14 saying aye. 15 (Response of "Aye.") 16 Those opposed, nay. 17 (There was no response.) 18 The message is adopted. 19 Secretary will read the last 20 section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 11591 1 roll. 2 SENATOR SMITH: Explanation. 3 SENATOR PATERSON: Explanation. 4 ACTING PRESIDENT KUHL: Withdraw 5 the roll call. 6 Senator Libous, an explanation of 7 Calendar Number 1491, on the initial Calendar 8 Number 69, has been asked for by the Deputy 9 Minority Leader, Senator Paterson. 10 SENATOR LIBOUS: Mr. President, 11 basically what this bill does is it clarifies 12 the statutory authority to assure that relevant 13 information about the criminal history of 14 persons admitted to state psychiatric hospitals 15 is available to treatment teams at these 16 facilities. 17 If you recall, sometime ago, the 18 New York Post reported and we had a situation 19 where an escapee had pushed an individual in 20 front of a subway train, and then the individual 21 died. 22 Basically, what this would do is 23 allow OMH to receive information from the 11592 1 Department of Criminal Justice to understand the 2 criminal history of the person that they are 3 working on. 4 ACTING PRESIDENT KUHL: Any 5 member wishing to speak on the bill? 6 Senator Paterson. 7 SENATOR PATERSON: All right. 8 Thank you very much, Mr. President. 9 Mr. President, if the Senator 10 will yield for a question? 11 ACTING PRESIDENT KUHL: Senator 12 Libous, do you yield? 13 SENATOR LIBOUS: Certainly. 14 ACTING PRESIDENT KUHL: The 15 Senator yields. 16 SENATOR PATERSON: Senator, I 17 understand the bill has been amended, so I think 18 some of my concerns have been alleviated. 19 Just this quick question. 20 Does the Office of Mental Health 21 still have the power to issue warrants? 22 SENATOR LIBOUS: No, they don't, 23 Mr. President. 11593 1 SENATOR PATERSON: All right. 2 Thank you very much, Senator. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 56. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Senator Volker. 14 SENATOR VOLKER: Mr. President, 15 would you call up Calendar Number 1528, please. 16 ACTING PRESIDENT KUHL: On the 17 same calendar, Calendar Number 69, Secretary 18 will read the title to Calendar Number 1528. 19 THE SECRETARY: Calendar Number 20 1528, by Senator Tully, Senate Print 5480A, an 21 act to amend the Environmental Conservation Law, 22 in relation to sanctions. 23 SENATOR VOLKER: Is there a 11594 1 message at the desk, please? 2 ACTING PRESIDENT KUHL: Senator 3 Volker, there is a message of necessity at the 4 desk. 5 SENATOR VOLKER: Move to accept 6 the message. 7 ACTING PRESIDENT KUHL: The 8 motion is to accept the message of necessity on 9 Calendar Number 1528. 10 All those in favor, signify by 11 saying aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 (There was no response.) 15 The message is accepted. 16 Secretary will read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first day of 20 January. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 11595 1 THE SECRETARY: Ayes 56. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator Volker. 5 SENATOR VOLKER: Can we stand at 6 ease for a of couple minutes. We're awaiting 7 some people from Finance, so we'll just stand at 8 ease for a couple of minutes. 9 ACTING PRESIDENT KUHL: Senate 10 will stand at ease for a couple of moments. 11 Senator Volker, we do have a 12 little housekeeping here we can take care of. 13 SENATOR VOLKER: Go right ahead 14 with the housekeeping. 15 ACTING PRESIDENT KUHL: There are 16 several substitutions. I will ask the Secretary 17 to read. 18 THE SECRETARY: Senator Velella 19 moves to discharge from the Committee on Rules 20 Assembly Bill Number 4978A and substitute it for 21 the identical Calendar Number 176. 22 On page 4, Senator Volker moves 23 to discharge from the Committee on Rules 11596 1 Assembly Bill Number 6325B and substitute it for 2 the identical Calendar Number 527. 3 On page 6, Senator Saland moves 4 to discharge from the Committee on Rules 5 Assembly Bill Number 6827A and substitute it for 6 the identical Calendar Number 954. 7 And, on page 6, Senator Kuhl 8 moves to discharge from the Committee on Rules 9 Assembly Bill Number 7781B and substitute it for 10 the identical Calendar Number 1340. 11 ACTING PRESIDENT KUHL: The 12 substitutions are ordered. 13 The chair recognizes Senator 14 Volker. 15 SENATOR VOLKER: Do you want to 16 hold just one second, please? We have a member 17 coming here. 18 ACTING PRESIDENT KUHL: Chair 19 recognizes Senator Wright. 20 SENATOR WRIGHT: Mr. President, I 21 request unanimous consent to be recorded in the 22 negative on Calendar Number 755. 23 ACTING PRESIDENT KUHL: Without 11597 1 objection, hearing no objection, Senator Wright 2 will be recorded in the negative on Calendar 3 Number 755. 4 Senator Volker. 5 SENATOR VOLKER: Mr. President, 6 will you call up 1383, Senator Farley's bill, 7 please. 8 ACTING PRESIDENT KUHL: On the 9 Supplemental Calendar Number 1, page 2, the 10 Secretary will call up or read the title to 11 Calendar Number 1383, by Senator Farley, Senate 12 Print 5436. 13 THE SECRETARY: Calendar Number 14 1383, by Senator Farley, Senate Print 5436, an 15 act to amend the Banking Law, in relation to 16 interstate branching. 17 ACTING PRESIDENT KUHL: Senator 18 Leichter, did you wish to be recognized? 19 SENATOR LEICHTER: I have an 20 amendment. I thought that Senator Farley wanted 21 to explain the bill. 22 ACTING PRESIDENT KUHL: Senator 23 Farley, an explanation of the bill has been 11598 1 asked for by Senator Leichter. 2 SENATOR FARLEY: Thank you, Mr. 3 President. 4 In reality, this might be one of 5 the more important bills that we'll do this year 6 in behalf of jobs and the economy of New York 7 State, particularly to the financial capital of 8 the world, New York City. 9 What this is is interstate 10 branching. New York State led the nation in 11 going for interstate branching, and we do have 12 an interstate branching law on the books and 13 this, in essence, is some amendments to it to 14 conform it to the current federal law. 15 In 1992, New York enacted a law 16 to authorize reciprocal interstate branching. 17 In '94, Congress passed a federal law to 18 authorize nationwide interstate branching. The 19 federal law provides the states with some 20 options, including the ability to opt in early 21 and allow branching prior to the federal law 22 which will take place in June of 1997, which is 23 the trigger date. 11599 1 In order to opt in, New York 2 needs to amend its current interstate branching 3 law to be consistent with the federal law. 4 These amendments mainly are technical in 5 nature. For example, they have to remove our 6 reciprocity requirements because the federal law 7 will not allow reciprocity for either interstate 8 banking or interstate branching. 9 In addition, our general 10 authorization for interstate branching has to 11 apply to both federal and state banks. 12 Currently, it only applies to state banks. 13 It is important to update our 14 branching laws to opt into the federal law for 15 the following reasons: To maintain New York's 16 position as the world's financial capital, to 17 keep the state charter as a viable option for 18 banks, and to enable New York State-chartered 19 banks to be competitive with other banks and 20 nonbank financial institutions. 21 Why do we need this? As a result 22 of the 1994 federal law, interstate branching 23 will soon be a national reality but, in order to 11600 1 preserve the viability of our state charter, the 2 states need to respond and amend their laws 3 accordingly. Pennsylvania has already done it. 4 In New York, we've already 5 addressed the issue of interstate branching. 6 New York enacted interstate branching in '92 and 7 amended the law in '93; therefore, New York 8 already has the basic laws, structure and 9 authority in place; however, we need to make 10 several technical amendments to conform us with 11 the feds. 12 It is important to act now. This 13 is important. I want to repeat this. It is 14 important to act now because banks are making 15 their decisions and their plans now. Banks are 16 considering where to locate their headquarters 17 and whether to be a state- or federally 18 chartered banks. 19 While this bill is significant in 20 the banking industry, the bill is of greater 21 significance to New York State because it will 22 assist New York in our efforts to remain the 23 financial capital of the world. It would enable 11601 1 New York to be competitive as a business 2 location in comparison with other states, and it 3 will help preserve the attractiveness of the 4 state charter. Let me just say this, that Key 5 Bank, a New York State-chartered bank, just 6 located their regional headquarters to Albany, 7 New York, in anticipation of this bill. That's 8 for several states, their whole headquarters for 9 several states. 10 Some provisions of the federal 11 law take effect in December of '95. We should 12 amend our own law this session to address these 13 issues. Other states are already responding. 14 New York was a leader in interstate branching. 15 Now we're behind. 16 I will go into the early opt-in, 17 the reciprocity and the method of branching and 18 the affiliates. I know that Senator Leichter 19 has some amendments, and I will be happy to 20 address them as soon as you tell us about your 21 amendments. 22 ACTING PRESIDENT KUHL: Senator 23 Leichter. 11602 1 SENATOR LEICHTER: Yes, Mr. 2 President, on the bill. 3 ACTING PRESIDENT KUHL: Senator 4 Leichter, on the bill. 5 SENATOR LEICHTER: I don't want 6 to minimize the important and significant work 7 that Senator Farley does, but I think hardly 8 anybody will characterize this as one of the 9 major bills of this session, Senator. 10 SENATOR FARLEY: I feel it is. 11 SENATOR LEICHTER: Also, to 12 characterize this as only technical conforming 13 amendments is erroneous and misleading. This 14 bill is being passed to enable New York State to 15 opt in early for interstate branching. We have 16 the right to do that now under the federal 17 legislation. Next year, the federal legislation 18 permits interstate branching. 19 So it's not a technical 20 amendment. We can do it or we can't do it. 21 It's up to us, and we've got to take a look at 22 the reasons. 23 Let me say that to be against 11603 1 interstate banking is like being King Canute and 2 telling the tide not to come in. We have 3 interstate banking, and all things considered, 4 whether it's good or bad is almost irrelevant 5 because it's here. I think the question is, 6 really, to take a look at it and to see that the 7 banking consumer is protected. 8 Senator Farley, I know you take 9 very seriously your work as chairman of the 10 Banking Committee. Sometimes, I wish we would 11 call it the "committee of banking and banking 12 consumers." The function of the committee is 13 not only to see that the banks get what they 14 want, I think it's also to see that the 15 consumers are protected, and banks are not 16 sanctified holy institutions. They have not 17 yet, at least in my mind -- I think in the mind 18 of many members -- reached the status equal to 19 religious institutions. They are not yet at the 20 point of being deified, which sometimes, when 21 one sees your presentation of legislation, 22 Senator Farley, one seems to think that you are 23 giving banks that status. 11604 1 We fought last year to try, when 2 we passed our banking bill extender, to get some 3 benefits for banking consumers. That's also 4 important. Banks exist, Senator Farley, if I 5 may say, to serve the people of the state, and 6 sometimes that's not the case. Banks do play 7 important roles. They sometimes do good 8 things. Sometimes they do very foolish things, 9 sometimes they do very selfish things, sometimes 10 they gouge the consumers, and that's why, for 11 centuries, banks have been very closely 12 regulated in our society. 13 For many reasons, we don't 14 regulate them as closely as we used to. In some 15 instances, that's led to horrendous, horrendous 16 losses for the public treasury. For instance, 17 the thrift scandal, which cost the taxpayers of 18 this country $500 billion is a good example. 19 We've had difficulties in this state. 20 So it is important to see not 21 only that banks are given more and more powers 22 but also that they exercise the powers they are 23 given in a way to benefit the public. Now, we 11605 1 know that the State of New York has been hurt at 2 various times because banks have redlined 3 communities. Banks have made improvident loans 4 in South American countries and over the world. 5 They have made improvident real estate loans. 6 So there is a need, Senator 7 Farley, at times, to make sure that banks are 8 properly regulated and that they direct their 9 focus and their service to benefit your 10 consumers, your constituents, my consumers, my 11 constituents. 12 So I have amendments that would 13 make this a better bill, Senator Farley, and 14 maybe you could then get up and say this is one 15 of the more significant bills of the session. 16 Mr. President, I believe I have 17 an amendment up at the desk. 18 ACTING PRESIDENT KUHL: Senator 19 Leichter, there is an amendment at the desk. 20 SENATOR LEICHTER: And I know 21 that amendment has been served, and I have 22 discussed it with my good friend, Senator Farley 23 and, at this time, I move the amendment. I 11606 1 waive its reading and ask an opportunity to 2 explain it. 3 ACTING PRESIDENT KUHL: The 4 reading of the amendment is waived, and you are 5 afforded an opportunity to explain it. 6 SENATOR LEICHTER: Thank you. 7 ACTING PRESIDENT KUHL: Senator 8 Leichter. 9 SENATOR LEICHTER: The 10 amendments -- the amendment -- it's an amendment 11 that has two parts. What it does is, first of 12 all, to require that banks report on the small 13 business loans that they make within their 14 communities. Now, why is this important in the 15 context of this bill? The effect of this bill 16 is going to be that national banks are going to 17 come into this state, and they are going to buy 18 branches of banks in this state, or they are 19 going to buy entire banks, probably in upstate 20 communities. They are not going to buy 21 Citibank, but they may very well buy Schenectady 22 Trust, or whatever the local bank there is 23 called, or in other communities. 11607 1 What we're doing with this bill 2 is by giving the banks the interstate branching 3 powers -- we could have done it either by saying 4 to banks, "Well, you've got to start de novo; 5 set up your own bank within the state," or by 6 giving them permission to come in and to acquire 7 New York State-based banks. 8 So we're going to find that New 9 York State-based banks are going to be acquired, 10 and they will be acquired by big national banks, 11 let's say, Bank of America, other large banking 12 institutions, whose interests are basically 13 regional or probably national and international, 14 who do not have the same commitment and concern 15 to local communities, and we are concerned that 16 the effect of the interstate branching bank bill 17 is that our local communities and our local 18 businesses are not going to find it as easy to 19 get loans. 20 So all we want to do -- we are 21 not even telling by this amendment to the banks, 22 "Oh, you got to make loans in the communities," 23 although I think we certainly want to get that 11608 1 message to them. We are just saying, "Let us 2 know what you're doing," and it's very easy for 3 them to report because -- through computeriza 4 tion, and so on, and this amendment provides 5 that they do it by, I think, census tracts, and 6 then we would know, are these banks that draw 7 the money of the community returning the money 8 to the community? 9 I'm sure you are in favor of 10 that, Senator Farley. I know you are. But 11 let's make sure that it happens. 12 Now, this is not a burden on the 13 bank. They can't say, "Oh, my God, you're 14 imposing this terrific paperwork on us." It's 15 very simple. They have the records. It's on 16 the computers. All they do is quarterly or 17 semi-annually -- I forget which -- they print 18 out from the computer, and they say, "We made so 19 and so many small business loans in Senator 20 Farley's district, if the bank is located in 21 that district. 22 It's reasonable. It's helpful. 23 It makes the banks more conscious, those 11609 1 national banks that have now acquired a New York 2 state-based bank, a local bank, a small bank. 3 It makes them more conscious that they've got to 4 make loans in their community. So that is one 5 part of the amendment. 6 The second part sets up a state 7 financial consumers board, FICOB, very similar 8 to what we've set up for the utilities, where we 9 try to establish an advisory board of consumers 10 and allow the consumers to band together to be 11 heard, to interact with the bank, again, to make 12 that bank do what it should be doing, and which 13 sometimes banks don't do. 14 In notices that the bank sends 15 out, they would say, at whatever the small fee 16 is, and so on, you can become a member of FICOB, 17 the same way that we now require utilities of 18 this state to include with the utility bill a 19 little notice on how you can become part of this 20 utility board. 21 That's what these amendments do 22 -- or the amendment does, of two parts. Again, 23 the purpose is solely to try to mitigate what 11610 1 could be adverse effects on our local 2 communities as a consequence of opting in early 3 to the interstate branch banking. 4 I'm going to support interstate 5 branch banking because I have to, because you 6 really have no choice, but I think that we have 7 the obligation to try to do something for the 8 consumers. That's why a lot of groups, NYPIRG 9 and other groups, have said, "Yes, go for 10 interstate banking, but protect us," and that's 11 what this amendment does, and I hope, Senator 12 Farley, that you'll support it. 13 ACTING PRESIDENT KUHL: Senator 14 Farley on the amendment. 15 SENATOR FARLEY: Just briefly on 16 the amendment. 17 Senator Leichter, you are an 18 eloquent spokesman for what you're trying to say 19 and, you know, all of these proposals have 20 merit. They should be considered on their own. 21 I'm not saying it doesn't have merit, but you 22 shouldn't tie it to the passage of this 23 important bill, at least it's important to me 11611 1 and, I think, to the people of the state of New 2 York. 3 It seems that everybody wants to 4 tie something to banking legislation. When we 5 were doing banking deregulation, they tied car 6 rentals to it. All kinds of things come in. 7 It's like flypaper. Everything sticks to these 8 banking bills. 9 This is a clean piece of 10 legislation that says that we want to have 11 interstate branching in this state so that we 12 can be competitive, our banks can be 13 competitive. 14 You know, Denny Farrell, who I 15 have worked with for a number of years and who I 16 admire very much, he has a line that says, "You 17 know what? You need to be employed to be a 18 consumer." This is an employment bill. It 19 truly is, and it's an employment bill pretty 20 much for the city that you live in, Senator 21 Leichter. It's very, very important to the 22 money center banks in New York City. 23 The upstate banks -- and you 11612 1 mentioned some Schenectady bank. That's called 2 Trustco. It used to be Schenectady Trust; 3 incidentally, gave up its state charter, just 4 went to a federal charter. They are out of 5 here, you know, which is sad to me, but I don't 6 want to lose any more. 7 I understand what you are trying 8 to do with these amendments. I will be happy to 9 consider them. There's many other things. The 10 Assembly has other issues that they want to tie 11 to this, but there is a clean bill over there. 12 This is clean. I am interested in doing the ATM 13 bill, incidentally, but they are tieing ATM to 14 this. 15 All I want to do is pass 16 interstate branching. It's very, very important 17 to a lot of members on your side of the aisle. 18 This is an important bill. 19 I would urge defeat of the 20 amendment, with all due respect, Senator 21 Leichter. I'll be happy to work with you on 22 these things, and I urge the passage of the 23 bill. 11613 1 ACTING PRESIDENT KUHL: The 2 question is on the amendment. 3 All those in favor of the 4 amendment, signify by saying aye. 5 (Response of "Aye.") 6 Opposed, nay. 7 (Response of "Nay.") 8 The amendment is lost. 9 Senator Paterson, do you wish to 10 be recognized? 11 SENATOR PATERSON: No. I just 12 thought the ayes had it. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson, I recommended to several of the 15 members earlier of the service that's provided 16 by the nurse. They have an audiology testing 17 service down there. I'm sure that they would 18 still have time today to accommodate you if 19 you'd like to partake. 20 Anyway, the Secretary will read 21 the last section. 22 THE SECRETARY: Section 19. This 23 act shall take effect immediately. 11614 1 ACTING PRESIDENT KUHL: Senator 2 Paterson. 3 SENATOR PATERSON: I'm sorry, Mr. 4 President, what did you say? 5 ACTING PRESIDENT KUHL: To 6 explain your vote? 7 SENATOR PATERSON: I'm sorry. 8 (Laughter.) 9 ACTING PRESIDENT KUHL: Senator 10 Paterson, did you hear about the deaf Minority 11 Leader? 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 56. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Chair recognizes Senator 18 DiCarlo. 19 SENATOR DiCARLO: Mr. President, 20 I would like unanimous consent to be recorded in 21 the negative on Calendar Number 755. 22 ACTING PRESIDENT KUHL: Without 23 objection, hearing no objection, Senator DiCarlo 11615 1 will be recorded in the negative on Calendar 2 Number 755. 3 Senator Volker. 4 SENATOR VOLKER: Mr. President, 5 in keeping with my new found power here, would 6 you call up my bill, Calendar Number 527, 7 please. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the title to Calendar Number 527. 10 That's on the first calendar of the day, 11 Calendar Number 69. 12 THE SECRETARY: Calendar Number 13 527, substituted earlier today, by Member of the 14 Assembly Lentol, Assembly Print 6325B, an act to 15 amend the Penal Law, in relation to trademark 16 counterfeiting. 17 ACTING PRESIDENT KUHL: Read the 18 last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect on the first day of 21 November. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 11616 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 56. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Volker. 6 SENATOR VOLKER: Mr. President, 7 would you call up Calendar Number 176, by 8 Senator Velella, please. 9 ACTING PRESIDENT KUHL: Senator 10 Leichter, why do you rise? 11 SENATOR LEICHTER: Yes. Just 12 before you do that, can I have unanimous consent 13 to be recorded in the negative on Calendar 1501, 14 please? 15 ACTING PRESIDENT KUHL: Without 16 objection, and hearing no objection, Senator 17 Leichter will be recorded in the negative on 18 Calendar Number 1501. 19 The Secretary will read the title 20 to Calendar Number 176. 21 THE SECRETARY: Calendar Number 22 176, substituted earlier today, by Member of the 23 Assembly Kaufman, Assembly Print 4978A, an act 11617 1 to amend Chapter 696 of the Laws of 1887, 2 relating to providing hospitals, orphan asylums, 3 and other charitable institutions. 4 ACTING PRESIDENT KUHL: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 56. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 Senator Volker. 15 SENATOR VOLKER: Mr. President, 16 would you call up Senator Saland's Calendar 17 Number 954. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the title to Calendar Number 954. 20 THE SECRETARY: Calendar Number 21 954, substituted earlier today, by Member of the 22 Assembly Weinstein, Assembly Print 6827A, an act 23 to amend the Family Court Act and the Domestic 11618 1 Relations Law, in relation to issuance of mutual 2 order of protection. 3 ACTING PRESIDENT KUHL: Read the 4 last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect 90 days after it shall 7 have become a law. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 56. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 Senator Volker. 15 SENATOR VOLKER: Mr. President, 16 would you call up the distinguished presiding 17 officer Senator Kuhl's bill, Senate Print 1340. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the title of Calendar Number 1340. 20 THE SECRETARY: Calendar Number 21 1340, substituted earlier today, by the Assembly 22 Committee on Rules, Assembly Print 7781B, an act 23 in relation to authorizing the village of Penn 11619 1 Yan, Yates County, to issue serial bonds. 2 ACTING PRESIDENT KUHL: There is 3 a home rule message at the desk. 4 Secretary will read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 56. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 Senator Volker. 15 SENATOR VOLKER: Mr. President, 16 would you call up Calendar Number 375, by 17 Senator Hoblock. 18 ACTING PRESIDENT KUHL: On the 19 regular calendar, first calendar of the day, 20 Number 69, Secretary will read the title of 21 Calendar Number 375. 22 THE SECRETARY: Calendar Number 23 375, by Senator Hoblock, Senate Print 3230A, an 11620 1 act to amend the Education Law, in relation to 2 the board of education in the city of Albany. 3 ACTING PRESIDENT KUHL: Senator 4 Volker. 5 SENATOR VOLKER: Motion to accept 6 the message at the desk, please. 7 ACTING PRESIDENT KUHL: The 8 motion is to accept the message at the desk on 9 Calendar Number 375. 10 All those in favor, signify by 11 saying aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 (There was no response.) 15 The message is accepted. Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 56. 23 ACTING PRESIDENT KUHL: The bill 11621 1 is passed. 2 Senator Volker. 3 SENATOR VOLKER: Mr. President, 4 would you call up Calendar Number 125, by 5 Senator Goodman, please. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the title. 8 THE SECRETARY: Calendar Number 9 125, by Senator Goodman, Senate Print 1409A, an 10 act to amend the Vehicle and Traffic Law, in 11 relation to traffic infraction penalties. 12 Senator Volker. 13 SENATOR VOLKER: Motion to accept 14 the message, please. 15 ACTING PRESIDENT KUHL: The 16 motion is to accept the message of necessity on 17 Calendar Number 125. 18 All those in favor, signify by 19 saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response.) 23 Message is accepted. 11622 1 Secretary will read the last 2 section. 3 SENATOR SOLOMON: Explanation. 4 ACTING PRESIDENT KUHL: Senator 5 Goodman, an explanation has been asked for by 6 Senator Solomon, I believe. 7 SENATOR SOLOMON: Mr. President, 8 maybe we can save some time if Senator Goodman 9 will yield to a question. 10 SENATOR GOODMAN: Yes, I'll be 11 glad to. 12 ACTING PRESIDENT KUHL: Senator 13 Goodman, do you yield to one question on 14 Calendar Number 125 by Senator Solomon? 15 SENATOR GOODMAN: Can you just 16 wait one moment, Senator? I don't have it. I 17 didn't realize it was coming to the floor at 18 this time. Can you walk the question by me, 19 because I'll press forward without the bill? 20 SENATOR SOLOMON: I will run the 21 question by you because that's more appropriate 22 with the bill. Senator, this bill - 23 Mr. President. 11623 1 ACTING PRESIDENT KUHL: Senator 2 Solomon, excuse me just a minute. Excuse me 3 just a minute. Let's have a little quiet in 4 here. I realize there's a lot going on. It's 5 the last day, only a few hours left, but we can 6 make it a lot shorter if we just quiet down. 7 SENATOR SOLOMON: Thank you, Mr. 8 President. 9 SENATOR GOODMAN: Can you just 10 hold on one second, Senator? We're still trying 11 to locate the bill. 12 All right, Senator, go ahead. 13 SENATOR SOLOMON: Thank you, 14 Senator. This bill raises the fines on the 15 third conviction for a red light, or going 16 through a red light, as I understand it, and, my 17 question is this: Have you done any study on 18 the procedure in traffic court and the 19 convictions there, because it's administered by 20 the State Department of Transportation, and I'm 21 just curious if you have done any study on that 22 court? 23 SENATOR GOODMAN: No, Senator, I 11624 1 have not. 2 SENATOR SOLOMON: Mr. President. 3 Senator Goodman continue to yield, please? 4 ACTING PRESIDENT KUHL: Senator 5 Goodman, do you yield to Senator Solomon? 6 Senator yields. 7 SENATOR SOLOMON: Senator, are 8 you aware of the fact that there is an unusually 9 high rate of convictions in traffic court? 10 SENATOR GOODMAN: A high rate of 11 convictions? 12 SENATOR SOLOMON: Yes. 13 SENATOR GOODMAN: Not high enough 14 to suit my taste, Senator. 15 SENATOR SOLOMON: Mr. President, 16 on the bill. 17 ACTING PRESIDENT KUHL: Senator 18 Solomon, on the bill. 19 SENATOR SOLOMON: One of the 20 problems I have with this legislation is that 21 we're raising fines on the third conviction; 22 however, if you have ever sat in traffic court 23 in some of the boroughs in the city of New York 11625 1 and spoken to some of the people about being 2 involved, in many instances it's a kangaroo 3 court and, in fact there, was one instance which 4 was related to me which was very interesting. 5 There was a statement provided by the Department 6 of Transportation in New York City that the red 7 light was out and didn't function properly, and 8 the judge still decided to convict the motorist; 9 and what concerns me is that we're raising the 10 fines, and I believe that we may have a court 11 system down there -- an administrative hearing 12 system, really, is the process -- which, in 13 fact, has been flawed, and I believe a number 14 years ago, there were studies on it which showed 15 that we had a flawed process. 16 And I don't have a problem with 17 raising the fines. I have a problem with 18 raising the fines where we have a process that 19 goes on in traffic court where, in fact, there's 20 not true hearings and true trials given in terms 21 of the way the process goes, and I think that's 22 some of the things that some of our members 23 should be aware of before we go on and continue 11626 1 to raise fines and relying on the traffic court, 2 which is, in fact, an administrative hearing 3 process where there have been many, many 4 instances of the hearing officers just providing 5 the convictions and going through the process. 6 As that continues, I believe it 7 continues to lead to drivers that drive and get 8 their licenses suspended, because in many 9 instances they can't get a fair hearing. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first day of 14 November. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT KUHL: Announce 19 the results when tabulated. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 125 are Senators 22 Kruger, LaValle, Solomon, and Tully. Ayes 52, 23 nays 4. 11627 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could return to reports of standing 6 committees, I believe there is a report of the 7 Finance Committee at the desk. 8 ACTING PRESIDENT KUHL: We will 9 return to the order of reports of standing 10 committees. There is a report from the Senate 11 Finance Committee at the desk. I'll ask the 12 Secretary to read. 13 THE SECRETARY: Senator Stafford, 14 from the Committee on Finance, reports the 15 following nomination: 16 Gregory P. Campbell, member of 17 the Adirondack Park Agency. 18 ACTING PRESIDENT KUHL: Senator 19 Stafford. 20 SENATOR STAFFORD: Mr. Chairman, 21 it is, indeed, a pleasure for me to rise and 22 support Greg Campbell for membership on the 23 Adirondack Park Agency and to be designated as 11628 1 its chairman. 2 These days get a bit long for 3 everybody, including the nominees, but I do want 4 to emphasize that in Greg Campbell, as he stated 5 in two committees here this morning, first, we 6 have a person that the Governor has appointed 7 who really believes in and will do the right 8 thing. 9 I might add also the type of 10 person the Governor is, believing in the right 11 thing and doing it. He understands the 12 Adirondacks. He lives in the Adirondacks. It 13 is his permanent home. 14 He will in a very fair, open, and 15 direct way administer the legislation which 16 created -- which, of course, administrators the 17 Adirondack Park land and, yes, at times -- maybe 18 not administering -- affects the individuals who 19 live there and those who don't live there. 20 Mr. President, Greg will bring a 21 balance to the agency, concern for the 22 environment and concern for the people who live 23 in the Adirondacks and have to make a living. I 11629 1 would emphasize -- I would emphasize, Mr. 2 President, Greg Campbell is a true environment 3 alist. He has done a great deal of work 4 concerning the Lake Champlain basin; and as a 5 volunteer, he would spend one, two, three days 6 some weeks in working with those who are 7 concerned about the Lake Champlain basin. 8 Finally, Mr. President, I have 9 often said, and I say it practically every time, 10 I have never seen a better nomination come onto 11 this floor, and I'm saying it again, and I mean 12 it. He is -- and I emphasize this -- a person 13 who is concerned about all aspects of our region 14 and again, he will be fair, he will be open; and 15 I can say this firsthand, he has a mind of his 16 own and he will speak his mind. 17 We're very fortunate to have Greg 18 Campbell before us. 19 ACTING PRESIDENT KUHL: Is there 20 any other Senator wishing to speak on the 21 nomination? 22 SENATOR LEICHTER: Yes, Mr. 23 President. 11630 1 ACTING PRESIDENT KUHL: Senator 2 Leichter on the nomination. 3 SENATOR LEICHTER: Mr. President, 4 I'm going to vote for this nomination, and I'm 5 going to give Mr. Campbell the benefit of the 6 doubt, but I want to be perfectly candid in 7 saying that I do have a doubt, and I think I 8 expressed that to him both at the hearing of the 9 Environmental Conservation Committee and in the 10 Finance Committee. 11 Mr. Campbell is taking over an 12 extremely important job, important to the 13 residents of the Adirondack Park and very 14 important to all the people of the State of New 15 York. 16 We know there's been a great 17 dispute over the role and the function of the 18 Adirondack Park Agency, but I think there is a 19 general consensus both within the park and 20 certainly within the state that that agency is 21 important and has a role to play. 22 My doubt about Mr. Campbell is 23 that he belonged to an organization, the 11631 1 Adirondack Conservation Council, I believe, was 2 its name, which I, frankly, think was an 3 extremist organization which came out with a 4 number of resolutions to dismantle the very 5 agency that Mr. Campbell is taking over. 6 Now, he said at the committee 7 that he disagrees with those positions. I 8 accept that. He also resigned from that Council 9 in January of this year, and in answer to my 10 question whether he would take actions to 11 dismantle the agency, he said that he would 12 not. I wanted to put these doubts out because I 13 want it to be shown that they are indeed not 14 serious and that the actions that Mr. Campbell 15 will take will further the work of the 16 Adirondack Park Agency. 17 Let me say that with all the 18 dispute about the role of the agency, I think 19 that its continuation is terribly important for 20 the people who live within the park. It's 21 important for the people of this state. There 22 shouldn't be a conflict because I think we all 23 agree that the most important thing is to 11632 1 maintain the beauty, the very special character 2 and nature of this most wonderful six million 3 acres, really among the most beautiful parts of 4 this entire country. 5 I've told the story of how I went 6 trekking in the Himalayas, and I thought I'd 7 come back to the Adirondacks and I wouldn't 8 really find it so beautiful after having seen 9 the Himalayas. I found it even more beautiful. 10 It is such a special area. 11 At the same time, I think we 12 recognize that there are people living there 13 that need to make a livelihood. It's an area 14 that's economically hard-pressed and, obviously, 15 there is a need to see that the people there 16 realize the benefit of the communities in which 17 they live and the land which they own. 18 I don't see that there is any 19 conflict because I think the answer really lies 20 in growth of tourism, in bringing more people 21 into the park to enjoy the beauty of the park, 22 and that will benefit the people who live in the 23 park, and it will benefit the people of the 11633 1 state of New York, and the agency plays a very 2 important role in doing this. 3 So I trust that Mr. Campbell will 4 carry on the important work of the agency, not 5 take actions that will diminish its role, will 6 realize also how important it is to acquire 7 additional environmentally sensitive and 8 scenically beautiful land or protect it for all 9 of the people who live in the park and for 10 people throughout this state. 11 And I wish him Godspeed and good 12 luck in taking over this agency. 13 ACTING PRESIDENT KUHL: Is there 14 any other Senator wishing to speak on this 15 nomination? 16 (There was no response.) 17 Hearing none, the question is on 18 the nomination of Gregory B. Campbell, of 19 Keeseville, New York, to become a member and 20 chairman of the Adirondack Park Agency. 21 All those in favor, signify by 22 saying aye. 23 (Response of "Aye.") 11634 1 Opposed, nay. 2 (There was no response.) 3 The nominee is unanimously 4 confirmed. 5 Mr. Campbell, congratulations. 6 Good luck. 7 (Applause.) 8 Secretary will read. 9 THE SECRETARY: Senator Stafford, 10 from the Committee on Finance, reports the 11 following nomination: Clarence Rappleyea of 12 Norwich, Trustee of the Power Authority of the 13 State of New York. 14 ACTING PRESIDENT KUHL: Senator 15 Stafford. 16 SENATOR STAFFORD: Mr. President, 17 it is a pleasure for me to stand and, as I 18 believe we all are, to have one of our own take 19 over this position, probably one of the most 20 popular and decent individuals who ever served 21 here in the Legislature, and with that I better 22 sit down. I'm not "Rap's" Senator, and I 23 certainly yield to a great friend of "Rap's", 11635 1 Senator Seward. 2 ACTING PRESIDENT KUHL: The Chair 3 recognizes Senator Seward. 4 SENATOR SEWARD: Thank you, Mr. 5 President and Senator Stafford. 6 It's certainly a distinct honor 7 and privilege for me to rise to support the 8 nomination and confirmation of our friend "Rap" 9 Rappleyea to be a trustee of the State Power 10 Authority. 11 I want to note, as chairman of 12 the Energy Committee here in the Senate and as 13 "Rap's" local Senator, I can affirm that we 14 certainly need good, stable, solid people in 15 leadership positions at the Power Authority, and 16 we also can say without reservation that "Rap" 17 is well versed in the issues that confront the 18 Power Authority, as well as possessing the 19 necessary leadership and personal skills to do 20 the job at that agency. 21 But what can we really say about 22 a gentleman who's been such a fixture here in 23 the Legislature for two decades, a fixture here 11636 1 and a fixture in Central New York, and indeed 2 statewide? 3 He has been there to, year after 4 year, warn us about the dangers of rising taxes, 5 out-of-control spending and a government 6 disconnected from its people. He was there to 7 remind us of the lessons of the past and the 8 need for real significant changes in state 9 government. 10 When it was time to mount a 11 spirited battle here in the Legislature, "Rap" 12 was there and acted urgently to win the moment. 13 But, win or lose, "Rap" always looked to the 14 future with a great deal of optimism and looked 15 to the future to live to fight another day. 16 The bottom line is, we are a 17 better people, a better Legislature, a better 18 state for his presence among us these last two 19 decades, and I can say from sharing a lot of 20 territory with "Rap" in our districts and 21 knowing him for so many years, that "Rap's" 22 personal style is one that he never, ever has 23 lost sight of his roots. Even after rising to 11637 1 the height of leader here in this Legislature, 2 he was known as "Rap" to all, and he can be seen 3 at picnics and barbecues in his Levi's and boots 4 moving equally at ease with farmers and 5 engineers, the rod and gun club members or the 6 country club members, with his characteristic 7 ease with people. He's truly a man of the 8 people, and at ease with people. 9 And rarely do we perceive 10 greatness until we have to bid goodbye but, 11 ladies and gentlemen and colleagues and friends, 12 New York has been blessed with truly a great 13 leader in "Rap" Rappleyea here in this 14 Legislature, and he leaves us with new 15 challenges in front of him, involving the 16 utilities and energy and the Power Authority 17 which has such an important role in economic 18 development in our state, and he assumes that 19 new role with the confidence and enthusiastic 20 support of not only the Energy Committee which 21 interviewed him earlier today, but I know I can 22 speak for every member of this body when I say 23 that "Rap" goes to that new position with our 11638 1 enthusiastic support. 2 And, "Rap", you've been such a 3 good friend over the years and a mentor in so 4 many -- to so many of us these last number of 5 years, we're going to miss your presence here, 6 but we -- we can say without qualification that 7 your new role at the Power Authority will be one 8 that the people of this state will continue to 9 benefit greatly from not only your personal 10 characteristics, but also your tremendous 11 leadership ability. 12 And I just want to congratulate 13 the Governor and congratulate you, "Rap", for 14 taking on this new responsibility which is so 15 important to our state. 16 THE PRESIDENT: Thank you. 17 Senator Bruno. 18 SENATOR BRUNO: Madam President, 19 it's my honor to stand in support of Clarence 20 "Rap" Rappleyea, and I do it with mixed 21 emotions, but truly I do it with mixed emotions 22 because we lost a great leader here in the 23 Legislature, but we do gain a great public 11639 1 servant to serve in a very important capacity in 2 this state; and it is important. 3 But "Rap", in my relationship 4 like with so many in this chamber, time and 5 energy won't permit everyone to get up and spend 6 as much time and say the things that they'd like 7 to say. Just hard sometimes to put things into 8 words, but in my career, "Rap" has been a close 9 friend and a personal mentor. There aren't many 10 things that have happened in my life politically 11 or the Legislature where "Rap" hasn't had some 12 influence with me or over me as a counselor and 13 as a mentor, and I just want to say thank you 14 personally for all of that, and I really am 15 proud that this Governor would see fit to put a 16 person of his experience, his temperament, his 17 stature, in such an important position to work 18 for all of the people of this state. 19 THE PRESIDENT: Thank you. 20 Senator Cook. 21 SENATOR COOK: Madam President, 22 I'm proud to stand and endorse the confirmation 23 of my good close personal friend, who is my 11640 1 Assemblyman even though I'm not his Senator, and 2 to tell you how proud I am of this moment. 3 I don't think there would have 4 been a person in the state that the Governor 5 could have chosen who is better qualified for 6 the position that "Rap" is being appointed to. 7 He has an understanding of the relationship 8 between the private sector, the importance of a 9 strong private sector, and yet also understands 10 that there are certain places such as the Power 11 Authority where the public sector can, in fact, 12 enhance the ability of the private sector to 13 advance the economy of this state, which is a 14 very important thing that they do. "Rap" has a 15 strong understanding of -- and business sense, a 16 person who understands, as well, the human 17 dimension of what government does and what 18 government should be doing. 19 We began together in the 20 Assembly, came here, each representing half of 21 Delaware County at that time, and we have been 22 close personal friends and associates through 23 the years, and the thing about "Rap" is that 11641 1 he's always the same. It's never, Gee, you 2 know, I'm your rabid close friend today, and 3 then tomorrow, well, it's more convenient to be 4 somebody else's buddy. He's always been "Rap" 5 and he's always been there whenever I have 6 needed him, and that's been often through the 7 years, and I am so grateful for that. 8 So I think it's just a great 9 thing when the right thing happens to the right 10 people and, in this case, what happens for the 11 right people is also the right thing for the 12 state of New York. 13 Very delighted; and the only bit 14 of advice that I would give you, "Rap", is that 15 if you ever go on another fishing trip in the 16 ocean, make sure somebody stays awake. 17 Very pleased to endorse "Rap's" 18 confirmation. 19 THE PRESIDENT: Thank you, 20 Senator Cook. 21 Senator Nozzolio. 22 SENATOR NOZZOLIO: Thanks, Madam 23 President. My colleagues, I rise with 11642 1 tremendous pride and great honor to support the 2 nomination of a giant of a man, in terms of 3 stature, a wonderful person, a terrific friend. 4 I was honored to meet "Rap" when 5 I was still in law school working on the 6 Assembly staff. I knew then he was considerably 7 respected, extremely honorable, a friend to all, 8 admired by many if not revered by most. It was 9 such a privilege for me to cast my very first 10 vote as a New York State Assemblyman for "Rap" 11 Rappleyea to serve as Minority Leader of the New 12 York State Assembly, and I was very proud to 13 serve in the Assembly Republican Conference for 14 ten years, a conference that, with "Rap's" 15 leadership, was the most active, and the most 16 important aspect of "Rap's" leadership was that 17 he put together a conference that presented 18 alternatives. It was a conference of ideas, a 19 conference of ideals. 20 It produced, through "Rap's" 21 recruitment, a number of leaders across this 22 state. I can't mention all but want to mention 23 a few: As county executives, people that "Rap" 11643 1 recruited to the Assembly that went on to serve 2 in the capacity of county executive, Bob Gaffney 3 in Suffolk and Bob King in Monroe. 4 In the United States Congress, 5 Dan Frisa, one that was brought into state 6 government by "Rap" Rappleyea, and, of course, 7 Bill Paxon, recruited by "Rap" to run for the 8 Assembly, and one who has become a genuine 9 leader in his own right in the United States 10 Congress in this last year, and because of "Rap" 11 Rappleyea, these people have been serving in 12 extremely important capacities. 13 In his own body, I count at least 14 nine that served, recruited, worked with "Rap" 15 as his -- during his tenure as Minority Leader: 16 Senators Kuhl, Spano, Holland, Sears, Larkin, 17 Saland, Hoblock, Leibell and myself, who are are 18 serving here because of what we learned from 19 "Rap" Rappleyea. 20 Ladies and gentlemen of this 21 Conference, I could think of no greater honor 22 than to serve as "Rap" Rappleyea's deputy during 23 a very trying time for our Conference, and I can 11644 1 tell you whatever position I hold that certainly 2 is one that, in my memory, will be one that I 3 will hold with great, great distinction because 4 not of what I did but because who I served 5 under: 6 A leader, a mentor, a tremendous 7 advocate, the most formidable of adversaries, 8 and the best friend anyone could have: "Rap" 9 Rappleyea. My honor to stand here before our 10 leader and my honor to second his nomination. 11 Thank you, Madam President. 12 THE PRESIDENT: Thank you, 13 Senator Nozzolio. 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, Madam 16 President. 17 I, too, rise to second this 18 nomination and I'm not going to stand before you 19 and have to talk about "Rap's" qualifications 20 because I don't think there's a person in this 21 chamber who would question his leadership 22 abilities to take on his new post; but rather 23 I'd like to kind of pick up where my colleague, 11645 1 Jim Seward, left off and talk a little bit about 2 what I will say with some mixed emotions and how 3 I think the people of Central New York are not 4 supposed to hear, working with "Rap" every day, 5 but his constituents are really going to miss 6 him. 7 You know, "Rap" is not only a 8 warm-hearted person but, when you're with him in 9 the district and you watch him interact with his 10 constituents, they call him family. He's not 11 the Assemblyman, and he's not just "Rap". He's 12 family, and that style is something, "Rap", that 13 I don't think anyone is going to be able to 14 replace, and that's genuine. That comes from 15 within, and, ladies and gentlemen of this 16 chamber, I would be remiss if I didn't tell one 17 or two "Rap" stories. 18 I can remember my first try at 19 winning the Senate seat back in 1988, and I'd be 20 going through Chenango County and introducing 21 myself, I'd say, "Hi, I'm Tom Libous. I want to 22 be your next Senator," and people would say, 23 "That's nice. What's 'Rap' say about it?" I'd 11646 1 say, "'Rap's' supporting me," and they'd say, 2 "Well, that's good enough for me," and that's a 3 true story, and that's certainly the kind of 4 warmth and respect you got from those people. 5 But I can remember the time when 6 I was elected and was here in this chamber and 7 in 1989 in March we had a fight about low level 8 radioactive waste, and "Rap", Jim Seward and 9 myself, he said, "Come on, we've got to go back 10 to the district; we've got some problems. We 11 got to let the people know we're on top of this 12 issue." He said, "The meeting is in about an 13 hour." I said, " 'Rap', how are we going to 14 get there?" He said, "We're going to take the 15 chopper." 16 So we're up in the state 17 helicopter, and we're up in the air and it's 18 making a lot of noise and after about 15 19 minutes, I said, "Is this thing going to stay in 20 the air?" and he said, "Don't worry about it. 21 If it doesn't, we'll only get to the meeting a 22 little bit earlier." 23 So he's always there and to do 11647 1 what's right for his constituents. "Rap", I'm 2 certainly going to miss you as one who also 3 serves as your Senator, and I have mixed 4 feelings not only because of your personal 5 warmth, and I keep repeating that because I 6 don't think anybody can imitate or duplicate it, 7 but I'm also concerned. Does this mean the end 8 of the lobster fest? 9 "Rap", I'm proud to stand before 10 this body and second your nomination. 11 THE PRESIDENT: Senator Mendez. 12 SENATOR MENDEZ: Madam President, 13 I also do want to stand up to second the 14 nomination -- the nomination of Mr. Rappleyea. 15 It might sound strange, but let me tell you I 16 just heard the news and that is that the 55 17 Republican Assemblymen are preparing a picket 18 line with big signs saying "We hate to see you 19 go." That information was given to me. 20 But anyway what I want to say is 21 the following: I have not been a very close, 22 close friend of "Rap" like my other colleagues 23 from the other side have been, but I have gotten 11648 1 to know the man, and I have been very impressed 2 not only -- not only because of his demonstrated 3 leadership within his party, but have been most 4 impressed because of the nature of the man. 5 He is a delightful person. I 6 think that he is -- he's a -- he's been able to 7 achieve so highly because he does have true 8 genuine respect for human beings, and stature of 9 the person is what we call little people or 10 whether it be the person who is very high 11 influential people, he deals with every single 12 human being, I've witnessed, exactly in the same 13 fashion, respecting the dignity, reaching out 14 sincerely, and those are qualities that all of 15 us treasure. 16 But for me, as far as I'm 17 concerned, I say New York State is gaining an 18 excellent public servant, and we're losing a 19 great guy in the -- in the Assembly. But it's 20 been a privilege knowing the man. 21 Thank you, Mr. President. 22 THE PRESIDENT: Thank you, 23 Senator. 11649 1 Senator Farley. 2 SENATOR FARLEY: Thank you, Madam 3 President. 4 I rise to second the nomination 5 of "Rap". 6 "Rap", you know, we're really 7 losing a great leader. Actually, he has a 8 disproportionate number on this side of the 9 aisle which he's already led as Senator Nozzolio 10 ticked them off, but what a leader you have been 11 to the state, speaking out on issues that were 12 so very, very important not only to our party 13 but to our state, and a person that is generally 14 loved by all his members. 15 When you have to lead, you don't 16 always make a lot of friends, but "Rap" has not 17 only gained the respect and admiration, but 18 affection of all of the people that he's worked 19 with and served. I consider him a good friend. 20 You know, it was just yesterday, we confirmed 21 Tony Casale, and I guess Tony and "Rap" and 22 myself have something in common. We all went to 23 Albany State, and "Rap" and I were of the same 11650 1 vintage, Tony a little bit later, but you can 2 see a lot of great people came from there, 3 "Rap", and we're very, very proud of you, and I 4 know the University is proud of you, and this 5 Legislature is never going to be quite the same 6 without you. 7 I wish you well. You're a great 8 guy, and it's nice to see good guys win, and all 9 the best to you. 10 THE PRESIDENT: Thank you. 11 Senator Hannon. 12 SENATOR HANNON: Yes, Madam 13 President. 14 This appointment for confirmation 15 this afternoon is certainly illustrative of some 16 of the things that "Rap" did for this state, 17 with new members of the Correction Commission, 18 the Adirondack Park Agency, the MTA, the Public 19 Health Council. 20 As Minority Leader, he really 21 thought that the best thing to do was to fight 22 on the field of ideas and has kept at those 23 ideas through the governmental field and the 11651 1 political field, encouraging so many of us to 2 become active, to become knowledgeable, to 3 become vocal, giving us much of our lead at a 4 time when it didn't seem there was any chance of 5 making those changes. 6 Through this Majority in the 7 Senate and through this new administration, he 8 can actually be said to be the progenitor of all 9 of these ideas and all of this change. So his 10 great stories that we could go on forever, the 11 great personal traits, the patience, the 12 perseverance, the totally unique language that 13 somehow between here and Norwich came to mark 14 much of our political doings, never again will 15 we have a "lame duck pay raise because of that 16 shallow water" quote. 17 It's -- but it's pretty unique, I 18 think, that the position he's going to is a 19 challenging area, one where he's uniquely 20 qualified, one that will affect every resident 21 in the entire state, one that's going through a 22 process of change. It's not only a real, but a 23 symbolic metaphor for what's taken place before; 11652 1 so not only thank you for all that you've done 2 for all of us, all the people of the state, my 3 good wishes to continue to do that for all the 4 people of this state. 5 Thank you. 6 THE PRESIDENT: Senator Wright. 7 SENATOR WRIGHT: Thank you, Madam 8 President. 9 It's my honor to rise this 10 afternoon in support of "Rap" Rappleyea. I had 11 the occasion to first meet "Rap" when I made my 12 -- one of my first travels to the Capitol as a 13 county official with "Rap's" friend Ken 14 Chesebro, who served ten years with "Rap". 15 I've also had the privilege of 16 spending several nights at a hunting camp with 17 our good friend, Bob Nortz, in the North Country 18 and walking through the woods with "Rap". I 19 think, when you're describing "Rap", you best 20 describe him as the common man who's brought 21 common sense to his leadership in the Assembly 22 and brought a lot of common sense to what's 23 occurred to this state during that tenure. 11653 1 He's certainly not a common man 2 in terms of his abilities and what he brings to 3 this appointment to chair the Power Authority. 4 My colleague, Senator Nozzolio, earlier 5 indicated the many individuals who started out 6 in that Conference who have gone on to further 7 responsible public office and leadership 8 positions. 9 He failed to recognize one 10 individual that we're willing to recognize now 11 who was "Rap's" leader, and that was our 12 Governor, Governor Pataki, and if you look at 13 many of the policies that are being implemented 14 this year as the new administration takes hold 15 as we move ahead through the budget and the 16 policies that are now going into place in this 17 state, many of those policy changes had their 18 very origin within the Minority program under 19 the leadership of "Rap" Rappleyea. 20 That's part of the legacy he 21 leaves all of us and, if you take time to look 22 around this chamber in the gallery and on the 23 floor, you will find not only colleagues, but 11654 1 individuals in office in the administration, 2 individuals serving in staff positions, be it in 3 the Senate or the Assembly, all of whom began 4 their careers working for "Rap" Rappleyea. 5 That's all part of the legacy 6 that "Rap" will leave this Legislature and leave 7 this state, and that's a very big legacy that we 8 can all be very proud of. 9 I have the opportunity to 10 represent two of the Power Authority facilities 11 within my district, and I truly look forward to 12 the leadership and the guidance and the 13 direction "Rap" is going to bring to that 14 agency. I think just as he has to date served 15 the people of this state extremely well, he will 16 continue to do that in his new leadership with 17 the Power Authority. 18 I, too, am very pleased with the 19 Governor's nomination of "Rap". I don't think 20 he could find a better individual to serve in 21 this capacity or a better individual to serve 22 the people of this state. It's, again, for two 23 days in a row a pleasure to have a friend in the 11655 1 gallery taking on additional responsibilities 2 and to be able to vote "yes" on their 3 confirmation. 4 "Rap", good luck and best 5 wishes. 6 THE PRESIDENT: Thank you, 7 Senator Wright. 8 Senator Goodman. 9 SENATOR GOODMAN: Madam 10 President, the departure of "Rap" Rappleyea from 11 the legislative process is really like thinking 12 about Schweppe's without the Schweppervescence. 13 "Rap" is such a unique personality, such a 14 treasure, if I may "Rap"sodize for a moment, 15 that it really is almost impossible to imagine 16 this place functioning as it has with its 17 collegiality and good spirit without the master 18 racing car driver, the wonderfully astute budget 19 analyzer, the great companion and friend and 20 confidante from time to time, in matters ranging 21 across the spectrum of human concerns. 22 In short, Madam President, he is 23 one in a trillion. I can not imagine ever 11656 1 finding anyone who would come this way again who 2 has either his dimensions literally or 3 figuratively, or his weightiness of stature, and 4 I'd just like to say, "Rap", that I could go on 5 and on, but many other speakers wish to be heard 6 and they do have some deadlines, so I'll simply 7 subside by saying we will not miss you because, 8 if you don't come around frequently, well, we 9 shall move to impeach you. Very good luck. 10 THE PRESIDENT: Thank you. 11 Senator Leibell. 12 SENATOR LEIBELL: Madam 13 President. I think, "Rap", this is a little bit 14 like saying grace after meals. There's probably 15 not a great deal left to say, but I didn't want 16 to pass up the opportunity to stand and comment 17 and join my colleagues, especially those who 18 served with you as leader, because as Mike 19 Nozzolio noted, I came in with Mike and you were 20 chairman of our political arm back in '82 when 21 we first came in, and you cared for us, nurtured 22 us and groomed us from that day in 1982 all the 23 way up to the present. 11657 1 At the Energy Committee meeting, 2 the chairman asked if I had any questions of you 3 and, as I noted then, you've been answering my 4 questions for over 13 years now. 5 Now, we have been truly blessed 6 in this state to have someone like Clarence 7 Rappleyea who could lead not only our Conference 8 in the Assembly but offer his knowledge and 9 spirit to all of the people of the state of New 10 York. It's not too grand to say that, as we 11 look at the people who's busts and pictures 12 adorn the walls of this Capitol, that Clarence 13 Rappleyea's will almost certainly -- will 14 definitely be there some day. 15 Clarence Rappleyea has been a 16 brilliant legislator. He has defined for so 17 many of us what a public servant is supposed to 18 be. He is someone who has clearly, by his own 19 strength, altered the course of political 20 history in the state of New York. 21 I'm pleased to have served under 22 Clarence Rappleyea, to have called him "leader", 23 to have called him "friend" and to be here today 11658 1 to second his nomination. 2 Thank you, Madam President. 3 THE PRESIDENT: Thank you. 4 Senator Saland. 5 SENATOR SALAND: Madam President, 6 I rise with probably virtually every member of 7 this house to commend the Governor on his wisdom 8 in selecting "Rap". 9 When I first came into the 10 Legislature as a member of the Assembly, "Rap" 11 sat right alongside of me. For me it was a 12 rather trying time, not because I was sitting 13 alongside "Rap" but because I had just come up 14 in a special election and he was certainly an 15 extraordinary comfort to me. The wisdom, his 16 sage advice, was greatly appreciated, but all of 17 us will pass through these legislative offices 18 and few of us will have the opportunity to do 19 the kinds of things that "Rap" has done. 20 Through his leadership, and I 21 served under him as leader longer than anybody 22 who I've served under, he has been a presence, a 23 force to be reckoned with, and he talked on 11659 1 literally Lord knows how many occasions when I 2 served with him when he was my leader, about the 3 "band of gorillas", his rugged "band of 4 gorillas" that, pound for pound, gave perhaps 5 the most extraordinary account of themselves 6 than any -- of any Conference in any house in 7 any of these 50 states. 8 He was a man who -- he is a man 9 who is known by not merely his own character, 10 his own presence, but -- and I never mentioned 11 this too often -- on the many occasions I had to 12 be in his office, I had a sense of this 13 renaissance man. I saw the pictures of you, I 14 think it was Roy referred to your racing cars. 15 I knew you were an athlete, I knew you were 16 obviously a Cornell graduate, all these things 17 just a cut above, and all these things that 18 spoke so well of you. 19 It was my honor to have called 20 you "leader". It was my honor to have served 21 under you, for you to have been my boss, and I'm 22 sure the people of the state of New York will 23 have the good fortune of your wisdom and your 11660 1 ability. God bless you, "Rap". 2 THE PRESIDENT: Thank you. 3 Senator Volker. 4 SENATOR VOLKER: Yes, Madam 5 President. 6 I rise, and just thinking as I 7 was sitting here, it's really hard to believe 8 how time has flown by. "Rap", Guy Velella, 9 Charlie Cook, just trying to figure who was part 10 of our class. I came along with you and those 11 members that are here to the Assembly some 23 12 years ago. We represented the largest freshman 13 class in the history of the Legislature up until 14 that time. We were under a Republican Governor 15 then, although as some people said, you wouldn't 16 have known it. We had a few little problems in 17 those days and, in fact, at times we were 18 considered, at that time -- and Steve mentioned 19 about being obstreperous -- we were pretty 20 obstreperous at that time ourselves even though 21 we -- we were of the same party of the then 22 governor. 23 "Rap", and for those who are not 11661 1 used to this Capitol would see all the people 2 around here, what I think they probably don't 3 realize is that an awful lot of the people 4 around here are just people who are staff and 5 their legislators, but they're friends of "Rap" 6 and they're here because he is, without 7 question, one of the most respected and liked 8 men that I think I have ever met in this 9 Capitol, and I've seen many in the 23 years that 10 I've been here myself and the 22 years that my 11 father was here before me. 12 As my good friend, John Daly, now 13 Transportation Commissioner, and another member 14 of our class who asked me to say to you, "Rap", 15 that he feels like I do and that is that I 16 breathe much better knowing that you are going 17 to be the head of the Power Authority. Those of 18 us who have labored in energy, in my prior life 19 as I say as chairman of energy, and John Daly 20 and myself who have worked so long as far as 21 power issues, we feel much better knowing that 22 you're going to be there with your experience 23 and knowledge to make sure that the Power 11662 1 Authority acts in a way, I think, that will 2 benefit the people, all the people of this 3 state. 4 But more personally, you have 5 been a good friend of mine, I think a good 6 friend of everyone who ever served with you, 7 Republican or Democrat, and we will certainly 8 miss you, but we know that your passing means 9 that one of the truly great leaders of the New 10 York State Legislature has been with us and 11 you'll continue to be with us as chairman of the 12 Power Authority. 13 Godspeed and my best to you in 14 the future. 15 THE PRESIDENT: Thank you, 16 Senator Volker. 17 Senator Smith. 18 SENATOR SMITH: Thank you, Madam 19 President. 20 I am honored to join with my 21 colleagues in supporting the nomination of a man 22 whom I've often heard referred to as a giant of 23 a man, a man who is both strong and yet gentle, 11663 1 a man who has brought dignity and distinction to 2 the role of Assembly Republican Minority Leader, 3 a man who has worked with all sectors of this 4 wonderful state. 5 I will never forget that "Rap" 6 has always taken the time to participate in the 7 activities of the Black and Puerto Rican 8 Legislative Caucus, even when it wasn't 9 popular. "Rap", I thank you for all that you've 10 done as a legislator, and I am confident that, 11 as a trustee of the Power Authority, you'll make 12 an even greater contribution to the people of 13 the state of New York. 14 I wish you all the best and 15 Godspeed. 16 THE PRESIDENT: Thank you. 17 Senator Sears. 18 SENATOR SEARS: Thank you very 19 much, Madam President. 20 Colleagues, friends, "Rap", you 21 could be proud if you look down and see how many 22 of us over here since you left and taught us so 23 much are all here as former members of the 11664 1 Assembly, and I want to say personally how much 2 I respect you and all of the good, all of the 3 gains that I have made under your leadership 4 over there. 5 You know, you always said that 6 you had been the farm team over there for the 7 Senate for a good many years and, I guess, if 8 you look around here today, with all of your 9 colleagues you can certainly see that you're 10 right, and you're probably one of the all time 11 one liners that I have ever seen and, up until 12 you came, I thought Neil Kelleher had that 13 distinction, and always love to hear you talk 14 and tell jokes. 15 I'll just close on this note. 16 You said to me when I was fortunate to come over 17 to the Senate after serving you for over nine 18 years as the leader, and you said, "Billy, don't 19 ever forget where you came from," and I've tried 20 to show you that I didn't and wouldn't and never 21 have. 22 Good luck, and I'm happy for you 23 but we're not losing you, because I've got a 11665 1 facility up in Marcy, one up in Massena. So 2 we're going to be seeing a lot of each other. 3 So good luck. 4 THE PRESIDENT: Senator Maltese. 5 SENATOR MALTESE: Madam 6 President, I'd like to begin by reading just one 7 paragraph of the very extensive biography of our 8 good friend "Rap". 9 (Reading) Throughout his Assembly 10 service, Mr. Rappleyea has been a strong 11 advocate of fiscal reform including reduction of 12 state borrowing, lower taxes and restraint of 13 state spending, his long advocated reforms such 14 as revenue forecasting and extensions to 15 eliminate waste in government. 16 "Rap", I don't know whether we 17 plagiarized that from you for the Conservative 18 Party state platform, but it certainly was a 19 forerunner for the programs of Governor George 20 Pataki. 21 In my former life as state 22 director of the Conservative Party and then 23 state chairman, there was nobody that took more 11666 1 care and patience to work with me than "Rap" 2 Rappleyea, taking care of his Assembly members' 3 checks and making sure that there was a close 4 cooperative effort between the two parties, the 5 programs, the reforms that he has so long 6 advocated which led to the close relationship 7 that ultimately culminated in, I believe, the 8 change of government for New York State, and 9 it's not ironic but appropriate that that same 10 change in government should now lead to "Rap" 11 Rappleyea leaving the house that I believe he 12 loved so much and going to another phase of 13 leadership in government. 14 "Rap" was always a good friend, 15 always very patient, always smiling and in the 16 face of adversity, and we all know that in that 17 other house he faced a great deal of that at 18 times, and yet he always overcame it in one way 19 or another. 20 So again, "Rap", it was a 21 pleasure knowing you. I thank you for all your 22 advice and counsel over the years. Good luck to 23 you and your family. Our state will be 11667 1 enrichened by you. 2 Thank you. 3 THE PRESIDENT: Thank you, 4 Senator Maltese. 5 Senator Velella. 6 SENATOR VELELLA: Thank you, 7 Madam President. 8 It's a little bit with a sad 9 heart, I think, "Rap", you're the last member of 10 our class to be leaving the Assembly, the class 11 that came in there in 1972, 16 Republican fresh 12 men and 80 Republican -- Republican Assemblymen. 13 That's when the house was really running good, 14 and we controlled it the last time. 15 But certainly let me say that 16 "Rap" has been a good leader. I served under 17 him or with him for ten years in that house, and 18 not only a strong and effective leader but a 19 good solid friend. Probably the worst nightmare 20 that any one of us ever, anyone that serves in 21 public office, happened to me when I lost in 22 1983, and I lost my Assembly seat. 23 The first call was from "Rap" 11668 1 Rappleyea, and he said, "Guy, you won't be with 2 us as a member, but you need anything you're on 3 our team. I don't know what's going to be 4 happening because I'll be the Minority Leader, 5 but you need anything, whatever you want, you're 6 here, we want you on our team." 7 There aren't many people out 8 there in politics that did that for you when 9 you've lost an election. Everybody's our friend 10 when we're winning, but when we're over with 11 elections and out of office, you don't find many 12 people like "Rap" who will stand up, remember 13 their friends, and he's always been there for 14 all of us who have served in the Assembly. 15 "Rap", it's a new career. I know 16 you're going to be -- you probably have a little 17 bit of mixed emotions leaving the Legislature, 18 but certainly you're going to make us all proud 19 as you have in the past. Good luck. 20 THE PRESIDENT: Thank you. 21 Senator Stachowski. 22 SENATOR STACHOWSKI: Madam 23 President, I'm glad I get a chance to rise and 11669 1 talk about "Rap" Rappleyea. He's been a good 2 friend since I've been here, always has time to 3 say Hello, small talk. When I first got here, 4 as a Democratic Senator, I had the opportunity 5 to be on the fringe of a couple of his fund 6 raisers, so to speak. I would go to the Holy 7 Cross/Army game, and they would welcome me into 8 their party because it turned out to be the 9 Assembly's fund raiser three years in a row, and 10 I was always welcome, and I can never thank him 11 enough for that. Made me feel welcome, 12 comfortable. 13 It's a pleasure to not only stand 14 up and support him, but also to get the 15 opportunity to vote for him. I noticed that 16 Wayne Jackson is taking the roll call of all the 17 Minority members that are here, and I think he's 18 going to provide you a list that didn't bother 19 to show up, so you can pass it on to your 20 successor. But I think that most of your people 21 are here, and I'm sure that they are here not to 22 make sure that you're leaving but to show that 23 they're one-eyeing you too, and if we let them 11670 1 speak, they would all speak much longer than we 2 would, and I wish you well in your new endeavor. 3 THE PRESIDENT: Thank you. 4 Senator Larkin. 5 SENATOR LARKIN: Madam President, 6 it's a real honor to second the nomination of 7 "Rap" Rappleyea. I first met "Rap" in 1988 8 when he came down for my first time in the 9 Assembly. There was a good crowd there, and he 10 brought me over in the corner, and he said, "I 11 see you've had two cups of coffee and two 12 doughnuts. Don't ever let me see you again, at 13 this time in the morning, in this caucus again. 14 I want to see you out looking for votes." 15 Senator, we have that example. I 16 don't see too many -- the only one left from 17 that group is -- where is he, poor George 18 Winner? Where is he hiding? Tony Casale too. 19 But "Rap" set a good example. I don't care if 20 it was morning, noon, or night, Monday to Friday 21 he'd come to your district. He was available to 22 every member, not just the senior members, the 23 freshman members. He didn't care what it was 11671 1 but he set an example because he started things 2 called Program Committees, Steering Committees. 3 And what did he do? He wanted to get the pulse 4 of the people and make sure that Minority 5 members weren't just Minority members. They 6 were members that reached out to the public to 7 make sure that what we were alluding to was what 8 the people were saying in our respective 9 districts. 10 He was conscious of what went 11 on. You know, people have talked here, oh, a 12 couple of hours, "Rap", about the adjectives, 13 more than I ever remember. I'm going to tell 14 you, a leader is identified by the examples he 15 shows. You truly are a giant of a leader. The 16 Governor really picked someone to take on a job 17 that needs leadership. 18 Wherever you've been, there's 16 19 members in this house that served with you, 20 clearly an indication that you helped them in 21 moving them along, and I look forward to the 22 days that we'll be working with you in the 23 future, because the Power Authority now has a 11672 1 new power in control. 2 Congratulations, "Rap". You 3 truly deserve it. 4 THE PRESIDENT: Thank you. 5 Senator Marchi. 6 SENATOR MARCHI: Madam President, 7 I couldn't help but observe as this drama was 8 unfolding, and Senator Goodman made reference to 9 "Rap"sodic oratory and hyperbolic oratory, and 10 what prompts this? And I just wonder if people 11 who perhaps are not here on a consistent basis 12 or occasional visitors, just what they make of 13 all this. 14 Well, it reflects -- it reflects 15 the feelings of so many people who, in close 16 concert, have to undergo a very severe 17 discipline, if positive results are going to 18 follow from this collegial effort, and this has 19 been the hallmark of "Rap". Parochial pride, I 20 mentioned this at the meeting of the Finance 21 Committee, that he studied on Staten Island at 22 Wagner College and he continues to serve on the 23 board of directors. That point of service. 11673 1 But beyond that, what 2 distinguishes the leader from the membership 3 generally? I've been here almost 40 years and 4 you see this pattern. What their -- what 5 distinguishes "Rap" and Senator Bruno and people 6 who have carried heavy burdens and, "Rap", you 7 have done it so well, what distinguishes is the 8 structural contribution that -- that you have to 9 respond to. 10 We respond to our best instincts, 11 our most informed point of view, a willingness 12 to accept the give and take of earnest debate 13 and dialogue, but the leader has to go a bit 14 further and has to lift the horizon and give - 15 reflect the mosaic. All the comments that have 16 been made here today compose a mosaic that's 17 you, Clarence Rappleyea, and it's a glor... it's 18 a wonderful picture that we see, one that augurs 19 well, and certainly tells us that the best is 20 yet to come, because there is great service and 21 you're a young and vigorous man, and that 22 leadership will be felt. 23 But you have made an indelible 11674 1 contribution to the structural aspects of the 2 Legislature, and we take great pride. New York 3 is still the Empire State and you're one of the 4 figures in these two centuries of existence that 5 have given so much and so generously of yourself 6 and responded to the responsibilities that go 7 with leadership. 8 God bless you and all the best. 9 THE PRESIDENT: Senator Hoblock. 10 SENATOR HOBLOCK: Thank you, 11 Madam President. 12 I also rise with a great deal of 13 pride to join with my colleagues in seconding 14 the nomination and voting confirmation of a good 15 friend, "Rap", in his new position, and I think 16 the assemblage here today of so many of "Rap's" 17 colleagues and friends and all those that feel 18 they are drawn to their feet to say something 19 about "Rap" is a tribute to the man himself, and 20 you know, I guess, "Rap", it's pretty nice that 21 we say these things while you're still here. 22 Usually have some of these comments are reserved 23 for eulogies. 11675 1 But "Rap" is shifting to another 2 career, and I think his strength of integrity 3 and his affable personality has brought the 4 leadership to our party in the other house that 5 it so sorely needed during those very important 6 times, and I think that it cannot be stressed 7 enough, as has been mentioned by several members 8 here, of the impact that "Rap's" leadership and 9 his direction of public policy has had on this 10 state. 11 You know, he instilled that work 12 ethic in his staff that produced so many 13 important documents, so many important position 14 papers that were of benefit to everyone across 15 this state. I can speak from experience of ten 16 years in local government, calling upon "Rap" 17 and members of his staff for assistance and 18 direction and advice on so many public policy 19 matters, and they had this matter in the detail 20 and the answers at their fingertips because they 21 were dedicated to being that advocate, to being 22 what was necessary to put this state in the 23 right direction. 11676 1 "Rap", you've contributed 2 greatly to the government of this state in your 3 leadership position. I think, again, all of us 4 that are here recognize that. We know that 5 you're going to contribute greatly in your new 6 position. I'm happy for you because you've made 7 that shift. I'm happy for you because you've 8 changed direction. I'm sad because you are 9 leaving here, because I would no longer have one 10 of the many mentors I've really come to respect 11 and admire; but we all wish you the very best 12 and Godspeed. 13 THE PRESIDENT: Senator DiCarlo? 14 Senator Connor. 15 SENATOR CONNOR: Thank you, Madam 16 President. 17 "Rap", I'm delighted to rise in 18 support of your nomination. You know, someone 19 asked me the other day, "Well, what's "Rap" know 20 about power?" And I said, "Well, I've learned 21 something in the last five months. When you're 22 Minority Leader, you learn something about 23 power," not necessarily pleasant ones, but you 11677 1 learn something just about every five minutes 2 every day here in Albany, and I admit there's 3 some conflict. 4 I mean if this is such a great 5 job as counsel would have it be, I think it's 6 perfectly appropriate for a Minority Leader who 7 decides to move on, it sounds quite appropriate. 8 But, in all seriousness, as I 9 told someone in the press last week, I can't 10 think of anyone that I know of who is better 11 qualified for a position of trust and 12 responsibility such as this. "Rap" has been - 13 always been a cordial and collegial colleague 14 since I've become Minority Leader. He, of 15 course, being the senior leader on our team here 16 in Albany, was of great help to us, to me 17 personally. 18 Back when we were invited to the 19 meetings, "Rap" and I were conspiring actually, 20 you know, as we listened to the two, the leaders 21 in the two majorities, and the Governor 22 negotiate, we were going to co-author a book, 23 and then they changed the process. I guess 11678 1 they were worried about the book we were going 2 to write. 3 But the fact of the matter is 4 that "Rap" has, Madam President, one of the most 5 impressive resume's, one of the most diverse 6 resume's. He's in many respects a renaissance 7 man, and he's a fine driver. He's slow but 8 sure, and I never realized -- I really never 9 realized that Norwich was 20 minutes from 10 Albany, but (Laughter) -- the fact is that "Rap" 11 assures me that's about all it is. 12 The -- I think the Governor is to 13 be congratulated for this fine appointment. I 14 know all of us in both parties in both houses 15 are just absolutely delighted when we wish "Rap" 16 the best of everything. We know he'll be a 17 great success in this new role. 18 Thank you. 19 THE PRESIDENT: Thank you. 20 Senator Rath. 21 SENATOR RATH: Thank you, Madam 22 President. 23 I rise with my colleagues to 11679 1 second "Rap's" nomination. I have always felt 2 like my education was somehow under-privileged 3 never having served in the Assembly with you, 4 "Rap". However, my good colleague and friend, 5 Tom Reynolds, surely brought a lot of informa 6 tion back to Erie County, sent it back because 7 he knew we needed the kind of message that you 8 were delivering here through the Assembly. 9 But what I want to say here today 10 is that there are few people in my acquaintance 11 through the years who have had a quintessential 12 moment surround them, and I think the day that 13 the Governor was inaugurated, that kind of a 14 moment happens when you, "Rap", really hear 15 America singing because we knew that you had 16 that song in your heart, and the whole audience 17 and indeed all of New York State heard your 18 sincerity, your dedication and your wisdom. 19 Today your colleagues and your 20 friends have told you that they have heard your 21 song and your message through the years that you 22 have led them. What a compliment to be taking 23 as you conclude your years here in the state 11680 1 Assembly. 2 As you leave, you take up a very 3 large challenge and you leave us with a large 4 challenge, particularly on the Assembly side, 5 but -- all of us who have looked to you for your 6 wisdom, but if you look very carefully you may 7 hear in the very near future that New York State 8 will be singing the song that you know it should 9 be singing. 10 Thanks for all your good work. 11 THE PRESIDENT: Thank you, 12 Senator. 13 Senator Paterson. 14 SENATOR PATERSON: Thank you, 15 Madam President. 16 We are here today confirming an 17 individual who has a rare combination of 18 skills. He was articulate and perceptive. He 19 was dynamic and certainly outspoken and may have 20 been somewhat under-utilized in the Legislature, 21 and certainly his full commitment and his full 22 contributions to the state may inure to our 23 greatest benefit in his new position on the 11681 1 Power Authority. 2 He is as at home in the 3 Legislature as he is among all types of people 4 and persuasions, and the geographic location 5 does not seem to change his commitment. I've 6 had only very few associations with him, but 7 always ones that I remembered. He is the kind 8 of person that goes out of his way to say hello 9 to everyone, regardless what value he would 10 assess to the individual's worth here in the 11 Legislature. 12 And so at a time like this, I 13 would only hope that this would be a good lesson 14 for all of us and a real role model for those of 15 us who still work in the Legislature to aspire 16 to, and that he will take all of the experience 17 here and give it his best, which is a level that 18 very few can achieve, in his new position, 19 heading the Power Authority. 20 Thank you. 21 THE PRESIDENT: Thank you, 22 Senator Paterson. 23 Is there any other Senator who 11682 1 wishes to speak? 2 (There was no response. ) 3 The question is on the 4 confirmation of Clarence Rappleyea as Trustee of 5 the Power Authority of the state of New York. 6 All those in favor signify by 7 saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 Clarence Rappleyea is hereby 12 confirmed as Trustee of the Power Authority of 13 the state of New York. 14 (Standing ovation) 15 THE PRESIDENT: Senator Bruno, we 16 have some motions here at the desk. 17 SENATOR BRUNO: Is there some 18 housekeeping needs to be done at the desk? 19 THE PRESIDENT: Yes, there is. 20 SENATOR BRUNO: Can we do those 21 now, Madam President. 22 THE PRESIDENT: Senator Farley. 23 SENATOR FARLEY: Madam President, 11683 1 on behalf of Senator LaValle, on Supplemental 2 Calendar page number 4, I offer the following 3 amendments to Calendar 1558, Senate Print 5428A, 4 and I ask that bill retain its place on the 5 Third Reading Calendar. 6 THE PRESIDENT: Amendments 7 received. 8 SENATOR FARLEY: On behalf of 9 Senator Cook, on supplemental page number 4, 10 Calendar Number 1559, Senate Print 5435A, I 11 offer the following amendments and I ask that 12 that bill retain its place on the Third Reading 13 Calendar. 14 THE PRESIDENT: Amendments 15 received. 16 Senator Bruno, do you have a 17 Conference for now? 18 SENATOR DOLLINGER: Madam 19 President, may we be recognized? 20 SENATOR BRUNO: Can we just 21 continue with the confirmations, Madam 22 President. 23 SENATOR DOLLINGER: Madam 11684 1 President, could we be recognized? 2 THE PRESIDENT: Senator 3 Dollinger. 4 SENATOR DOLLINGER: Could Senator 5 Jones and I be recognized ever so briefly, and 6 I'd ask unanimous consent to be recorded in the 7 negative on Calendar 755. 8 THE PRESIDENT: Without 9 objection. Without objection. 10 SENATOR JONES: The same. 11 THE PRESIDENT: Without 12 objection. 13 Secretary will read. 14 THE SECRETARY: Senator Stafford, 15 from the Committee on Finance, reports the 16 following nomination: Timothy H. Cowin, of 17 Syracuse, member of the state Commission of 18 Correction. 19 THE PRESIDENT: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: Yes, I'm 22 proud to rise to move the nomination of Timothy 23 Cowin. Tim is from a place called Syracuse, New 11685 1 York, that is near and dear to my heart, and he 2 has an extremely good background in corrections. 3 Actually he was the chief of police in the city 4 of Syracuse under a mayor who happened to be a 5 Democrat, which shows that he has had bipartisan 6 support. 7 His abilities have been well 8 known by all who have dealt with him. In 9 addition, after he was appointed police chief, 10 he ended up going to law school later in life 11 and has a degree in law from Syracuse 12 University. An incredible breadth of 13 background, he's also been a member of the City 14 Council of the city of Syracuse, so he's got 15 legal background, he's got criminal justice 16 background, and he also has political background 17 which will help him in going through the morass 18 of the legislative process as he goes through 19 this process from time to time. 20 I'm very proud to rise in support 21 of his nomination and to move the nomination for 22 this particular position, and I would urge 23 unanimous adoption of this particular 11686 1 nomination. I just wanted to tell Tim that 2 everyone wasn't leaving because of him, that 3 they just happened to be here for some other 4 individual who spent a little more time in these 5 chambers. 6 THE PRESIDENT: Would any other 7 Senator care to speak on the nomination? 8 SENATOR JONES: Yes, Madam 9 President. 10 THE PRESIDENT: Senator Jones. 11 SENATOR JONES: You have a hard 12 act to follow, Tim, so I feel as though I should 13 stand and say something. I'm a native of 14 Syracuse and have known -- just discovered today 15 that Tim's family is a long-time friend of my 16 family, and all I can say is I remember years 17 ago my mom was a very good friend of his 18 mother-in-law and his wife, and I remember my 19 mother saying, Sue got a wonderful husband, so I 20 can tell that obviously my mother was right in 21 her judgment then, and I would guess the 22 Governor is right in his judgment now. 23 Congratulations, Tim. 11687 1 THE PRESIDENT: Thank you. On 2 nomin... the question occurs on the nomination 3 of Timothy Cowin as a member of the state 4 Commission of Corrections. All those in favor 5 signify by saying aye. 6 (Response of "Aye.") 7 All those opposed nay. 8 (There was no response. ) 9 Timothy Cowin is hereby confirmed 10 as a member of the state Commission of 11 Correction. 12 (Applause) 13 The Secretary will read. 14 THE SECRETARY: Senator Stafford, 15 from the Committee on Finance, reports the 16 following nominations: Kathryn Osborn Roberts 17 of Garrison, Eleanor F. Brown of Schenectady, 18 member of the Adirondack Park Agency. 19 THE PRESIDENT: Senator - 20 Senator Farley. 21 SENATOR FARLEY: Thank you, Madam 22 President. 23 It's with a great deal of 11688 1 pleasure that I move the nomination of Eleanor 2 Brown of Niskayuna actually, Schenectady suburb, 3 25-year friend and a Phi Beta Kappa graduate of 4 Smith College, a community activist, and an 5 environmentalist par excellence. 6 Eleanor is an outdoor person. 7 She knows and loves the Adirondacks and she will 8 bring a balanced view there that is measured and 9 is intelligent, and she's a consensus builder. 10 The Adirondack Park Agency, as so many of you 11 know, has had quite a troubled past with 12 acceptance up there, and I know it's going to be 13 better in the years ahead, and Eleanor is going 14 to be a terrific member of that agency and one 15 that will really represent the people of the 16 state of New York, and I must add that her 17 husband is also a very dear friend of mine and 18 one of the premier scientists in the United 19 States, John Brown, and it is with a great deal 20 of enthusiasm that I move the nomination of 21 Eleanor Brown as a member of the Adirondack Park 22 Agency. 23 THE PRESIDENT: Thank you, 11689 1 Senator. 2 The question is on the 3 confirmation of Eleanor F. Brown and Kathryn 4 Osborn Roberts as members of the Adirondack Park 5 Agency. All those in favor signify by saying 6 aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 Eleanor F. Brown and Kathryn 11 Osborn Roberts are hereby confirmed as members 12 of the Adirondack Park Agency. 13 (Applause) 14 The Secretary will read. 15 THE SECRETARY: Senator Stafford, 16 from the Committee on Finance, reports the 17 following nominations: James S. Simpson, of 18 Staten Island, Kenneth A. Caruso, Esq., of New 19 York City, members of the Metropolitan 20 Transportation Authority. 21 THE PRESIDENT: Senator Marchi. 22 SENATOR MARCHI: Madam President, 23 I'm very pleased to urge the favorable consider 11690 1 ation of this nomination of James S. Simpson. 2 James Simpson came -- came to responsibility in 3 the Victory Van Lines, a very successful 4 energetic corporation and business on Staten 5 Island, of movers, and on that basis, he built 6 it to national and international dimensions. 7 They have representatives and agents in 70 8 different countries -- 50 different countries, 9 and has been recognized by innumerable 10 organizations for his leadership and his 11 excellence, entrepreneurial excellence, which 12 should serve him well as a member of the 13 MTA. 14 He serves on charitable boards, 15 cultural activities, has published a number of 16 seminal articles on various subjects and -- that 17 have been given prominence. I have every reason 18 to believe that he will give a good account of 19 himself and will enrich the deliberations of the 20 -- of the board when he is confirmed here 21 today. 22 THE PRESIDENT: Thank you, 23 Senator Marchi. 11691 1 Senator DiCarlo. 2 SENATOR DiCARLO: Thank you very 3 much, Madam President. 4 It is a pleasure to rise and 5 second the nomination of James Simpson to the 6 MTA Board. I've known Jim for a number of years 7 and he is an excellent choice by the Governor. 8 He is a successful businessman, a proud resident 9 of Staten Island, and it is with great pleasure 10 that I say to you that he will make, again, an 11 excellent, and he is an excellent choice and the 12 Governor should be proud and Staten Islanders 13 are also proud. 14 Congratulations. 15 THE PRESIDENT: Thank you. The 16 question is on the confirmation of James Simpson 17 and Kenneth Caruso as members of the 18 Metropolitan Transportation Authority. All 19 those in favor signify by saying aye. 20 (Response of "Aye.") 21 Opposed no. 22 (There was no response. ) 23 James S. Simpson and Kenneth A. 11692 1 Caruso are hereby confirmed as members of the 2 Metropolitan Transportation Authority. 3 (Applause) 4 The Secretary will read. 5 THE SECRETARY: Senator Stafford, 6 from the Committee on Finance, reports the 7 following nominations: Carlos Roberto Jaen, 8 M.D., of Snyder, Francis J. Serbaroli, of East 9 Hampton, members of the Public Health Board. 10 THE PRESIDENT: Senator Hannon. 11 SENATOR HANNON: Yes, Madam 12 President. I would like to move these -- move 13 these nominations of Francis J. Serbaroli, who 14 is a partner in a New York City firm. Has many 15 experience -- has many years of experience in 16 the field of health care, initially served after 17 graduation from a very great law school, Fordham 18 Law School which happens to be my alma mater, as 19 an Assistant Attorney General for the New York 20 State Department of Law, and then he was a gen 21 eral counsel for two large teaching hospitals, 22 entered private practice in '86. 23 In addition to being a 11693 1 practitioner in the field, he writes a regular 2 health law column for the New York State Law 3 Journal and has a wide range of experience and 4 active participation in different parts of the 5 health care field and would make an excellent 6 and qualified addition to the Public Health 7 Council. 8 Dr. Jaen is a physician in Erie 9 County. He was the director of the Center for 10 Urban Research in primary care, which is part of 11 the Department of Family Medicine at the 12 University of Buffalo, and he was a practicing 13 physician at the Niagara Family Health Center. 14 The other night, when we were not 15 able to get him here for interviews with the 16 committee earlier, it was because he was at the 17 clinic in practice that evening. 18 He has a number of professor 19 ships at the University of Buffalo in regard to 20 the Department of Social and Preventive 21 Medicine, Family Medicine, Family Development 22 and Research Working Group, and of many -- a 23 long list of professional activities. He 11694 1 currently, for the last few years, has been the 2 coordinator of the Disease and Prevention Module 3 of the Family Clerkship in Family Medicine. 4 Another fine addition to the Public Health 5 Council, outstanding and qualified. 6 THE PRESIDENT: Thank you, 7 Senator Hannon. 8 The question is on the 9 confirmations. 10 SENATOR DOLLINGER: Madam 11 President. 12 THE PRESIDENT: Oh, I'm sorry, 13 Senator Dollinger, I didn't see you. 14 SENATOR DOLLINGER: I just rise 15 to second the nominations that are put forward 16 by the chairman of the Health Committee. These 17 nominees are exceptional candidates for these 18 positions. I think they will make significant 19 contributions to New York State and to the 20 health of this state, and I want to again, 21 although it's getting somewhat repetitious 22 although a bit unlikely coming from me, commend 23 the Governor for adding these people to the 11695 1 Public Health Council. 2 I think they'll make a very 3 significant continuing contribution, and I'd 4 also like to thank the chairman of the Health 5 Committee and his staff for the courtesies 6 extended us on this side of the aisle respect to 7 these nominees. 8 THE PRESIDENT: Thank you, 9 Senator Dollinger. 10 The question is on the 11 confirmations of Roberto -- or Carlos Roberto 12 Jaen, M.D., and Francis J. Serbaroli as members 13 of the Public Health Council. All those in 14 favor, please signify by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 Dr. Carlos Roberto Jaen and 19 Francis J. Serbaroli are hereby confirmed as 20 members of the Public Health Council. 21 (Applause) 22 The Secretary will read. 23 THE SECRETARY: Senator Stafford, 11696 1 from the Committee on Finance, reports the 2 following nomination: Thomas J. Sinatra, M.D., 3 of Neponsit, as a member of the New York State 4 Hospital Review and Planning Council. 5 THE PRESIDENT: Senator Hannon. 6 SENATOR HANNON: Madam President, 7 I'd like to move the reappointment of Dr. 8 Sinatra to the State Hospital Review and 9 Planning Council. Dr. Sinatra has served on 10 this Council since 1990. He is practicing in 11 the city of New York, although he's retired from 12 an active practice in May of 1993, but he 13 continues as a medical director of a New York 14 shipping association. 15 He has his medical education from 16 New York University at Bellevue, interned at 17 Kings County Hospital, and has been quite active 18 in the Medical Society in the borough of Kings. 19 He has served on the -- this very important body 20 planning for health care in this state with 21 distinction, and I feel that he should be 22 renominated. 23 THE PRESIDENT: Thank you, 11697 1 Senator Hannon. 2 The question is on the 3 confirmation of Dr. Thomas J. Sinatra as a 4 member of the New York State Hospital Review and 5 Planning Council. 6 All those in favor signify by 7 saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 Dr. Thomas J. Sinatra is hereby 12 confirmed as a member of the New York State 13 Hospital Review and Planning Council. 14 (Applause) 15 The Secretary will read. 16 SENATOR BRUNO: Madam President. 17 THE PRESIDENT: Yes, Senator 18 Bruno. 19 SENATOR BRUNO: We ask an 20 immediate meeting of the Rules Committee in Room 21 332. 22 THE PRESIDENT: There will be an 23 immediate meeting of the Rules Committee in Room 11698 1 332. 2 ACTING PRESIDENT MALTESE: 3 Senator Oppenheimer, why do you rise? 4 SENATOR OPPENHEIMER: Mr. 5 President, I would like unanimous consent to be 6 recorded in the negative on Calendar Number 7 755. 8 ACTING PRESIDENT MALTESE: 9 Without objection. 10 SENATOR NANULA: Mr. President. 11 ACTING PRESIDENT MALTESE: 12 Senator Nanula, why do you rise? 13 SENATOR NANULA: I'd like to ask 14 unanimous consent to be recorded in the negative 15 on Calendar Number 755. 16 ACTING PRESIDENT MALTESE: 17 Without objection. 18 SENATOR NANULA: Thank you. 19 ACTING PRESIDENT MALTESE: 20 Senator Bruno. 21 SENATOR BRUNO: Mr. President, 22 can we at this time call up Calendar Number 23 953. 11699 1 ACTING PRESIDENT MALTESE: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 953, by Senator Saland, Senate Print 4013A, an 5 act to amend the Family Court Act, in relation 6 to law guardian representation. 7 SENATOR BRUNO: Is there a 8 message at the desk? 9 ACTING PRESIDENT MALTESE: Yes, 10 there is. 11 SENATOR BRUNO: Move we accept 12 the message. 13 ACTING PRESIDENT MALTESE: All 14 those in favor of accepting the message, signify 15 by saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response. ) 19 The message is accepted. Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MALTESE: Call 11700 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 57. 4 ACTING PRESIDENT MALTESE: The 5 bill is passed. 6 SENATOR BRUNO: Mr. President, 7 can we call up Calendar Number 1262. 8 ACTING PRESIDENT MALTESE: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 1262, by Senator Kuhl, Senate Print 5087B, an 12 act to amend the Retirement and Social Security 13 Law, in relation to authorizing the Keuka Lake 14 Watershed Improvement Cooperative. 15 ACTING PRESIDENT MALTESE: 16 Senator Bruno. 17 SENATOR BRUNO: Is there a 18 message at the desk? 19 ACTING PRESIDENT MALTESE: There 20 is. 21 SENATOR BRUNO: I move we accept 22 the message. 23 ACTING PRESIDENT MALTESE: All 11701 1 those in favor of accepting the message signify 2 by saying aye. 3 ((Response of "Aye.") 4 Opposed nay. 5 (There was no response. ) 6 The message is accepted. 7 ACTING PRESIDENT MALTESE: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MALTESE: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 57. 15 ACTING PRESIDENT MALTESE: The 16 bill is passed. 17 Senator Bruno. 18 SENATOR BRUNO: Call up Number 19 1411, Mr. President. 20 ACTING PRESIDENT MALTESE: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 1411, by Senator Nozzolio, Senate Print 3982A, 11702 1 an act to amend the Vehicle and Traffic Law, in 2 relation to authorizing a residential parking 3 system. 4 SENATOR BRUNO: Is there a 5 message at the desk? 6 ACTING PRESIDENT MALTESE: Yes, 7 there is. 8 SENATOR BRUNO: Move we accept 9 the message. 10 ACTING PRESIDENT MALTESE: All 11 those in favor of accepting the message signify 12 by saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 The message is accepted. Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MALTESE: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 57. 11703 1 ACTING PRESIDENT MALTESE: The 2 bill is passed. 3 Senator Bruno. 4 SENATOR BRUNO: Can we call up 5 Calendar Number 1460, Mr. President. 6 ACTING PRESIDENT MALTESE: 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1460, by the Senate Committee on Rules, Senate 10 Print 5416A, an act to amend the Tax Law and 11 Chapter 272 of the Laws of 1991. 12 SENATOR BRUNO: Is there a 13 message at the desk? 14 ACTING PRESIDENT MALTESE: Yes, 15 there is. 16 SENATOR BRUNO: Move we accept 17 the message. 18 ACTING PRESIDENT MALTESE: All 19 those in favor of accepting the message signify 20 by saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response. ) 11704 1 The message is accepted. Read 2 the last section. 3 THE SECRETARY: Section 31. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MALTESE: Call 6 the roll. 7 THE SECRETARY: Ayes 57. 8 ACTING PRESIDENT MALTESE: The 9 bill is passed. 10 Senator Bruno. 11 SENATOR BRUNO: Mr. President, 12 can we now call up Calendar Number 1480. 13 ACTING PRESIDENT MALTESE: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1480, by Senator Seward, Senate Print 5182A, an 17 act to authorize William F. McLorn to purchase 18 service credit. 19 SENATOR BRUNO: Is there a 20 message at the desk? 21 ACTING PRESIDENT MALTESE: Yes, 22 there is. 23 SENATOR BRUNO: Move we accept 11705 1 the message. 2 ACTING PRESIDENT MALTESE: All 3 those in favor of accepting the message signify 4 by saying aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response. ) 8 The message is accepted. Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MALTESE: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 57. 16 ACTING PRESIDENT MALTESE: The 17 bill is passed. 18 SENATOR BRUNO: Mr. President, 19 can we now call up Calendar Number 1554. 20 ACTING PRESIDENT MALTESE: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 1554, by Senator Spano, Senate Print 5196C, an 11706 1 act to amend the Workers' Compensation Law, in 2 relation to permitting the establishment of an 3 alternative dispute resolution system. 4 SENATOR BRUNO: I believe a 5 message is at the desk. 6 ACTING PRESIDENT MALTESE: There 7 is a message at the desk. 8 SENATOR BRUNO: Move we accept 9 it. 10 ACTING PRESIDENT MALTESE: All 11 those in favor of accepting the message signify 12 by saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response. ) 16 The message is accepted. Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MALTESE: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 57. 11707 1 ACTING PRESIDENT MALTESE: The 2 bill is passed. 3 Senator Bruno. 4 SENATOR BRUNO: Can we now call 5 up Calendar Number 1562. 6 ACTING PRESIDENT MALTESE: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1562, by Senator Spano, Senate Print 5456A, an 10 act to amend the Labor Law and others, in 11 relation to benefit amounts. 12 ACTING PRESIDENT MALTESE: There 13 is a message at the desk. 14 SENATOR BRUNO: Is there a 15 message at the desk, Mr. President? 16 ACTING PRESIDENT MALTESE: Yes. 17 SENATOR BRUNO: Move we accept 18 the message. 19 ACTING PRESIDENT MALTESE: All 20 those in favor of accepting the message signify 21 by saying aye. 22 (Response of "Aye.") 23 Opposed nay. 11708 1 There was no response. 2 The message is accepted. Read 3 the last section. 4 THE SECRETARY: Section 12. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MALTESE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 57. 10 ACTING PRESIDENT MALTESE: The 11 bill is passed. 12 SENATOR BRUNO: Is there any 13 housekeeping at the desk, Mr. President? 14 Mr. President, I believe there 15 are three resolutions at the desk from Senator 16 Kuhl. Can we have the titles read and move 17 their adoption. 18 ACTING PRESIDENT MALTESE: 19 Secretary will read. 20 THE SECRETARY: By Senator Kuhl, 21 Legislative Resolution congratulating Jake 22 Rogers of the Corning East LaCrosse Team upon 23 the occasion of his selection as an All-American 11709 1 by the coaches of the Section 4 LaCrosse 2 League. 3 ACTING PRESIDENT MALTESE: All 4 those in favor of adopting the resolution 5 signify by saying aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 The resolution is adopted. 10 Secretary will read. 11 THE SECRETARY: By Senator Kuhl, 12 Legislative Resolution congratulating the 13 Arkport Girls' Softball Team and Coach Chris 14 Cooper on their outstanding team and overall 15 season records. 16 ACTING PRESIDENT MALTESE: All 17 those in favor of adopting the resolution 18 signify by saying aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response.) 22 The resolution is adopted. 23 The Secretary will read. 11710 1 THE SECRETARY: Senator Kuhl 2 offers the following resolution: Legislative 3 Resolution commemorating the 75th Anniversary of 4 Schuyler Hospital. 5 ACTING PRESIDENT MALTESE: All 6 those in favor of adopting the resolution 7 signify by saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 The resolution is adopted. 12 Senator Bruno, we have a 13 substitution. 14 SENATOR BRUNO: Substitution 15 ordered. 16 ACTING PRESIDENT MALTESE: The 17 Secretary will read. 18 THE SECRETARY: On page 6, 19 Senator Goodman moves to discharge from the 20 Committee on Rules Assembly Bill Number 7957A, 21 and substitute it for the identical Calendar 22 Number 936. 23 ACTING PRESIDENT MALTESE: 11711 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 936, by the Assembly Committee on Rules, 5 Assembly Print 7957A, an act to amend Chapter 6 674 of the Laws of 1993. 7 ACTING PRESIDENT MALTESE: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MALTESE: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 57. 15 ACTING PRESIDENT MALTESE: The 16 bill is passed. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we return to motions and resolutions, I 20 believe there's a resolution at the desk by 21 Senator Galiber. 22 ACTING PRESIDENT MALTESE: 23 Secretary will read. 11712 1 SENATOR SKELOS: Read the title 2 and adopt the resolution. 3 THE SECRETARY: By Senator 4 Galiber, Legislative Resolution commending Miss 5 Sarah "Sadie" L. and A. Elizabeth "Bessie" 6 Delaney for a lifetime of achievement and 7 service to their community. 8 ACTING PRESIDENT MALTESE: All 9 those in favor of adopting the resolution 10 signify by saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response. ) 14 The resolution is adopted. 15 SENATOR SKELOS: Mr. President, 16 would you recognize Senator Santiago, 17 please. 18 ACTING PRESIDENT MALTESE: 19 Senator. 20 SENATOR SANTIAGO: Mr. President, 21 I would like the record to show that if I had 22 been in the chamber when Calendar 1088 and 23 Calendar 1144 was voted on, I would have voted 11713 1 in the negative. 2 ACTING PRESIDENT MALTESE: So 3 recognized. 4 SENATOR SANTIAGO: Thank you. 5 SENATOR SKELOS: Mr. President. 6 Mr. President, I believe, if we 7 could return to the reports of standing 8 committees, there's a report of the Rules 9 Committee at the desk and ask it be read. 10 ACTING PRESIDENT MALTESE: 11 Secretary will read. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bills: 15 Senate Print 4816A, by Senator 16 Lack, an act to amend the State Finance Law; 17 Senate Print 4217B, by Senator 18 Stafford, an act authorizing the town of 19 Dannemora, Clinton County, to discontinue use; 20 2748, by Senator Padavan, an act 21 to amend the Navigation Law, in relation to 22 wearing life preservers; 23 4444, by Senator Maltese, an act 11714 1 to amend the Executive Law, in relation to 2 eligibility; 3 4599A, by Senator DiCarlo, an act 4 to amend the General Business Law, in relation 5 to franchises; 6 4915, by Senator Galiber, an act 7 authorizing the city of New York to reconvey its 8 interest; 9 5407, by Senator Saland, an act 10 to amend the Public Authorities Law, in relation 11 to dormitories for students; 12 5422, by Senator Holland, an act 13 to authorize the issuance of bonds by the town 14 of Orangetown; 15 5459A, by Senator DeFrancisco, an 16 act to amend the Racing, Pari-mutuel Wagering 17 and Breeding Law, in relation to increasing the 18 number of licenses; 19 5460, by Senator Marchi, an act 20 to amend the Limited Liability Company Law, the 21 Partnership Law and the Arts and Cultural 22 Affairs Law; 23 5495, by Senator Volker, an act 11715 1 to authorize the Office of General Services to 2 sell, transfer and convey; 3 5511, by Senator Hoblock, an act 4 to authorize Charles C. Mackey, Jr. to transfer 5 membership; 6 5512, by Senator Hoblock, an act 7 to authorize health insurance coverage for 8 retiree John Watkins; 9 5535, by Senator Waldon, an act 10 to amend Section 1 of a chapter of the laws of 11 1995 as proposed in legislative bill numbers S. 12 4651 and Assembly 7494; 13 5552, by Senator Nozzolio, an act 14 to amend the Tax Law, in relation to including 15 additional sales tax; 16 Assembly 8002, by the Assembly 17 Committee on Rules, an act to amend the 18 Education Law, and the Public Health Law, in 19 relation to the establishment and maintenance of 20 current medical records; and 21 5557, by the Senate Committee on 22 Rules, concurrent resolution of the Senate and 23 Assembly proposing an amendment to Section 9. 11716 1 All bills ordered directly for third reading. 2 ACTING PRESIDENT MALTESE: 3 Senator Skelos. 4 SENATOR SKELOS: Move we accept 5 the report. 6 ACTING PRESIDENT MALTESE: All in 7 favor of accepting the report of the Rules 8 Committee signify by saying aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response. ) 12 The report is accepted. 13 Senator Bruno. 14 SENATOR BRUNO: Mr. President, 15 I'd like to ask an immediate Republican 16 conference in Room 332. We expect that will be 17 about 20 minutes or so. 18 Thank you, Mr. President. 19 ACTING PRESIDENT MALTESE: An 20 immediate meeting of the Republican Conference 21 in Room 332. Immediate, that is. 22 (Whereupon at 4:50 p.m., the 23 Senate recessed (Conference) until 5:45 p.m.) 11717 1 THE PRESIDENT: The Senate will 2 come to order, please. 3 Senator Bruno. 4 SENATOR BRUNO: Madam President, 5 can we at this time call up Calendar Number 6 1589? 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 1589, by the Senate Committee on Rules, Senate 11 Print 5557, concurrent resolution of the Senate 12 and Assembly. 13 THE PRESIDENT: Senator Bruno. 14 SENATOR BRUNO: Madam President, 15 can we recognize Senator Stafford for the 16 purposes of voting on this bill. 17 THE PRESIDENT: Senator Stafford. 18 Read the last section, please. 19 Call the roll, please, on the 20 resolution. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Results. 23 SENATOR STAFFORD: Aye. 11718 1 THE PRESIDENT: Withdraw the roll 2 call, please. 3 SENATOR BRUNO: Can we withdraw 4 the roll call, Madam President. 5 THE PRESIDENT: Senator Bruno. 6 SENATOR BRUNO: Can we continue 7 with Calendar Number 1589 at this time. 8 THE PRESIDENT: Yes. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1589, by the Senate Committee on Rules, Senate 12 Print 5557A, concurrent resolution of the Senate 13 and Assembly proposing an amendment to Section 9 14 of Article I of the Constitution. 15 SENATOR PATERSON: Explanation. 16 THE PRESIDENT: Senator 17 Paterson? 18 (There was no response.) 19 Did you ask for an explanation? 20 SENATOR SPANO: Madam President. 21 THE PRESIDENT: Senator Spano, an 22 explanation has been requested. 23 SENATOR SPANO: This is the 11719 1 legislative resolution to allow for a constitu 2 tional amendment to legalize gambling in New 3 York State. 4 It is a restricted resolution, my 5 colleagues. It is one that would allow for 6 games of chance in the Catskill Region, in the 7 counties of Greene, Sullivan, and Ulster; in 8 Niagara Falls and Buffalo, and either Saratoga 9 or Warren Counties. It would allow for slot 10 machines at the racetracks across New York State 11 with the exception of the city of New York, 12 Nassau County, and Tioga County. 13 There are provisions written into 14 this legislative constitutional amendment that 15 would require that a portion of the money raised 16 from casino gambling would go to support, number 17 one, the regions of the state in which the 18 casino is located and also go towards treating 19 people who have a problem with compulsive 20 gambling. 21 As we all realize, this 22 represents an attempt for first passage of this 23 constitutional amendment. Second passage would 11720 1 have to be the next consecutively elected 2 legislature, which is 1997, and then it would go 3 to all the voters across New York State for 4 their approval, no earlier than November of 5 1997. So the voters all across New York State 6 would have the first bite of the apple at that 7 point for their decision and, if they approve of 8 the constitutional amendment to legalize 9 gambling in the state, there are provisions in 10 this that would also require local referendums 11 before a casino or before slot machines are 12 allowed at racetracks within those 13 municipalities across New York State. 14 There have been -- there has been 15 a long debate about the whole issue of casino 16 gambling, a debate that has really been brought 17 to the forefront over these last couple of years 18 by the emergence of the Indian Nation casinos. 19 So there has been a lot of debate. 20 People say this is a resolution 21 that would allow casino gambling in the state. 22 This is not a resolution that would allow that. 23 We have casino gambling in New York State right 11721 1 now, up in Oneida, the Indian Nation. The 2 question is, is it only the Indian Nation who 3 would benefit from casinos or will all of the 4 taxpayers across New York State benefit from 5 casinos, as well? 6 We have seen -- and people have 7 mentioned to us, as we present this to the 8 voters for their approval, that our voters have 9 already voted on casino gambling. They vote on 10 casino gambling every time they get in their car 11 and they go to Atlantic City or they go to 12 Connecticut or they go to the Indian casino 13 right in our own backyard, at Turning Stone. 14 They've voted when they get in an airplane and 15 go to Las Vegas. Their companies vote when they 16 choose not to go to the Catskills for a 17 convention but to go down to the Mississippi 18 River or go to Atlantic City or Vegas. 19 The people of New York State are 20 the third largest feeder state in our nation for 21 casinos. So it's our people who are taking 22 their money and their families, and we have seen 23 total entertainment centers created around 11722 1 casinos, and that's what we envision in New York 2 State. 3 You will hear a debate about the 4 ills of Atlantic City, the promises of Atlantic 5 City, and you will not hear me stand here and 6 make those same promises, but I will also tell 7 you that we don't envision seeing Atlantic City 8 style casinos in the State of New York. What we 9 envision is to see the Catskills region of New 10 York State, areas where we have seen hotel after 11 hotel closing their doors and going into Chapter 12 11 bankruptcy, where they will have that first 13 signal that, yes, there is a possibility that we 14 in New York State have opened the doors and have 15 the possibility of the casino gambling question 16 being presented to the voters all across New 17 York State. 18 This is a signal. It is a signal 19 that needs to go out that the members of this 20 Majority recognize that this is an issue -- that 21 while some people may have some very legitimate 22 concerns, and many people do, about the issue of 23 casinos, this is a question of first passage. 11723 1 We need to have second passage, and then this is 2 only passage to give this proposal to the voters 3 for their approval or disapproval. 4 A lot of people like to talk 5 about initiative and referendum. This is, in 6 fact, initiative and referendum. This is, in 7 fact, us saying to the taxpayers in New York 8 State, "We recognize that you are the people 9 that should have the final approval of whether 10 or not we should establish casinos." 11 There will be a lot of talk about 12 the emergence of organized crime, and that's a 13 serious question. We shouldn't ignore it. We 14 should not ignore the question of organized 15 crime at all, but I will submit this to you. 16 The only people benefiting right now in New York 17 State is organized crime. Look at how many 18 casinos are even operating in the city of New 19 York. Look at how many bingo parlors that we 20 hear about in the city of New York, that if you 21 go to a certain door and you go in the back 22 room, and there's slot machines there. Who do 23 you think is making a profit from those? It's 11724 1 organized crime. 2 With a legalized casino gambling 3 resolution with strong, strong messages in there 4 to keep out the bad actors, we will take the 5 profit out of illegal gambling and take it and 6 reinvest it into the economically distressed 7 areas across New York State. 8 When we talk about Atlantic City, 9 people will talk about how the surrounding areas 10 of Atlantic City -- of how Atlantic City saw a 11 real decline in their tax base. They won't talk 12 about the fact about the people who lived in 13 Atlantic City who were then employed by Atlantic 14 City casinos who then moved to the surrounding 15 areas in the suburbs of that city. 16 We can talk about the mayors of 17 Atlantic City who were indicted as a result of 18 illegal activity, and they deserve to be if they 19 are involved in illegal activity, but when you 20 hear of the local representatives who speak, 21 they will talk about the jobs and the benefits 22 for the employees that they represent, the hotel 23 industry in and around those casinos. They talk 11725 1 about the thirteen casinos in New Jersey that 2 supplies about $2 billion of goods and 3 services. That's a lot of jobs. 4 We can debate the number of jobs, 5 and it's a tough question for anyone to stand 6 here and people will -- at some of our hearings 7 -- and remember that the Senate Subcommittee on 8 Racing and Wagering had a number of hearings 9 across New York State, hearings that members of 10 the Minority participated in, our previous 11 Minority Leader participated in, in the city of 12 New York and in other areas, where we heard from 13 many individuals, with the exception of maybe 14 one or two, who were all in favor of taking this 15 constitutional question and presenting it to the 16 voters. 17 So this is an idea that, whether 18 we like it or not, is one that I think we need 19 to deal with. Whether we like the issue of 20 casinos or not, it is one we can't afford to 21 ignore. We're seeing the emergence of the 22 Indian Nation casinos. We're seeing the seven 23 Indian Nations that exist in New York with 11726 1 already three casinos ready to open. 2 And the question is, what do we 3 say if we don't pass this? What do we say to 4 the people in the Catskill region? What do we 5 say to the people in Niagara Falls and Buffalo, 6 to the racing industry in this state that has 7 been hurt because of the emergence of the Indian 8 Nation casino? 9 We have heard from 10 representatives of the racing industry at our 11 hearings who said, if we do not move forward 12 with the constitutional amendment, it will be 13 the death knell of racing in New York State, and 14 that was the person representing the Saratoga 15 track. 16 Those are the issues that we need 17 to be concerned about. Those are the issues 18 that we have presented in a number of hearings 19 where we have examined the whole impact on 20 gambling across the nation, and we stand here 21 today to say that we recognize that this is a 22 resolution that does not have everything in it 23 that everyone would like, but it's a resolution 11727 1 that represents first passage of a 2 constitutional question, and I think the people 3 across the state have the right to answer. 4 THE PRESIDENT: Senator Solomon. 5 SENATOR SOLOMON: Thank you, 6 Madam President. 7 This is an interesting bill, and 8 I have to tell you that I had an area that was 9 interested in casino gambling, but even if the 10 area in my Senate District was included in this 11 bill, I wouldn't vote for this bill. 12 This bill lacks control. This is 13 an open bill that is saying "Come in here." 14 Every state that's tried to pass casino gambling 15 at least had a mechanism of control. The 16 language is vague. The language is open-ended. 17 Where is the casino gaming 18 commission? Where do we remove it and remove it 19 from the legislative bodies, whether we allow 20 the county legislature to decide where the 21 casino is going to be or who's going to get the 22 casino, whether it comes back to the State 23 Legislature on numerous occasions? There is no 11728 1 oversight in this bill. 2 How can this thing even be 3 thought of being sold to the public? This is a 4 bad government piece of legislation. This is a 5 piece of legislation -- if you look at where 6 other states have tried to do this that have 7 been involved in casino gambling, this goes down 8 exactly the wrong road. 9 Forget about the fact that an 10 entire portion of the state has been left out of 11 this, will have no local referendum. But I look 12 at things where we allow one casino in one area, 13 and we leave it up to the County Legislature to 14 decide where it's going to be or decide all 15 these other issues. We are passing a bill here 16 which is a bare bones bill. It is almost just a 17 concept. 18 I can't believe how anyone who 19 believes in good government or government 20 control in terms of trying to make sure that we 21 have an industry that's not rife with 22 corruption, an industry which Senator Spano just 23 said involves billions and billions of dollars, 11729 1 and there is no effort to control it here. 2 You are going to put something 3 like this before the voters of this state? 4 "Well, we're going to put casinos here, we're 5 going to put casinos there, we're going to put 6 casinos there," but we're not going to do 7 anything to control it. We're not going to do 8 anything to make it an honest operation. 9 You've worked so hard and so long 10 on this. I'm sure, during those hearings, those 11 were some of the major concerns that came up. 12 We've been next to New Jersey and 13 we've seen it grapple with those problems of the 14 casino gambling control. We've seen certain 15 people brought up where they had to have their 16 licenses examined, where they couldn't have more 17 than X number of casinos under licenses, because 18 there's big dollars involved, a lot of money. 19 You are talking about billions of 20 dollars here, and you are going to ask the 21 people to vote on something as shallow as this 22 piece of legislation. No attempt to keep it 23 honest? No attempt to keep out corruption? 11730 1 I don't see how anyone in good 2 conscience, even if you support casino gambling, 3 can vote for this piece of legislation, get up 4 on the floor and support this piece of 5 legislation. 6 This is a process in one of the 7 most important things in this state. We haven't 8 even had a process. Those issues have not been 9 raised on this legislation and/or the debate. I 10 dare say, I wonder if we've spent more time on 11 some confirmations here in this house in the 12 last few days than we're going to do on this 13 piece of legislation. 14 I'm just thinking of these 15 racetracks where there is no limit on the number 16 of slot machines; so we're going to have Yonkers 17 Raceway with 4,000 slot machines, or racetracks 18 in the middle of the state with 5,000 slot 19 machines? There is no control. There are no 20 limits put anywhere in this bill. It's as 21 open-ended as can be done. It's as if you said, 22 "How can we write a bill that's so open-ended 23 that we'll have the Wild, Wild West?" 11731 1 We don't talk about the 2 infrastructure requirements that are required. 3 I have seen people gamble, and 4 it's a disease. We have all read about the 5 corruption. We know about it. We know states 6 that have tried to control it; yet we feel the 7 people in New York State are so good and the 8 gambling interests are so clean that they are 9 going to come in here and we don't even have to 10 worry about oversight, because I didn't see any 11 oversight mentioned in this bill. 12 And I'm not so sure it's going to 13 create great jobs, and I'm not so sure it's 14 going to bring the conventions to the 15 Catskills. The fact of the matter is, people go 16 to other areas for conventions. They don't go 17 to Atlantic City and Las Vegas because there's 18 gambling. Conventions go to Florida. They go 19 to California. They go to all different parts 20 of the country for various reasons. 21 And if you have been on site 22 planning committees for conventions, in many 23 instances gambling hasn't even come up. It's 11732 1 where it's located and what time of year. Most 2 people don't want to go to conventions in the 3 Catskills in February. I can tell you that 4 now. I serve on a national group, and the fact 5 of the matter is not too many people want to go 6 to Bismarck, North Dakota, at any time of the 7 year, even though some people were pushing it as 8 a convention site. 9 So the argument about conventions 10 is not a solid argument. I don't know of too 11 many groups that go to conventions -- Las Vegas 12 has huge convention facilities, a lot of hotel 13 rooms, and so does New York City, and that's why 14 we do draw a lot of conventions in New York 15 City. 16 The thing that really worries me 17 is that you are actually putting a piece of 18 legislation on the floor of this house that has 19 no oversight provisions at all. Well, you say, 20 "We're going to do enabling legislation"? I'm 21 not going to vote for a piece of legislation 22 that says, "Don't worry. We're going to take 23 care of it later." 11733 1 I think this is a poorly drawn 2 bill. I think it speaks very poorly of the 3 legislative process and the way it got here, and 4 I have to tell you, if you think that this could 5 pass in this state, telling the people, "Don't 6 worry; we're going to have gambling; don't worry 7 about oversight; it will be taken care of in the 8 future," I think you are really underestimating 9 the intelligence of the electorate out there 10 which is concerned about how these items are 11 going to be controlled, and I think it's - 12 anyone who votes for this bill is making a grave 13 mistake, even if you are going to get a, quote, 14 "casino" in your area if this ever passes. 15 THE PRESIDENT: Senator 16 Dollinger. 17 SENATOR DOLLINGER: Madam 18 President, I rise today to speak against this 19 proposal. Let me give you ten reasons why I 20 think this is a bad idea. 21 SENATOR LIBOUS: One is 22 sufficient. 23 SENATOR DOLLINGER: What? 11734 1 No, let me give you ten. I will 2 do it like David Letterman, "the top ten list." 3 First of all, this bill favors 4 some regions over other regions in the state. 5 Rochester in Monroe County that I represent gets 6 nothing out of this bill. What I think will 7 happen is that the argument that is now used to 8 justify casinos in some areas of New York State, 9 that is, "Oh, gee, we've got to compete with 10 Pennsylvania, we've got to compete with 11 Connecticut, we've got to compete with the 12 province of Ontario," ten years from now, those 13 same arguments will be used to justify 14 casinos -- why, my gosh, you will have one on 15 every storefront. You will have slot machines, 16 as they do in Las Vegas, in every men's room as 17 you walk through Las Vegas. 18 Two, I agree with my colleague, 19 Senator Solomon. There is no oversight. There 20 is no casino control board. There's no evidence 21 that we're going to exercise any authority over 22 the casino industry. I think that's a huge 23 problem. 11735 1 Three, there are no rules to 2 prevent the casino industry from pouring 3 millions of dollars into the political process. 4 They can use gambling profits to buy their way 5 into legislative favor, buy their way into 6 control of this industry, and you can run a 7 serious risk that you reach the kinds of 8 problems that Senator Solomon talked about with 9 respect to corruption in this high cash 10 industry. 11 Four, the plan makes only token 12 efforts, really a token reference to the problem 13 of compulsive gambling. We need to do more 14 before we even get to the merits. 15 Fifth, this proposal, I believe, 16 will adversely impact on the poor in this 17 state. It will have a disproportionate impact 18 on people of modest means. Some people call 19 casino gambling a form of poor people's tax. I 20 happen to agree with that. I don't know why we 21 would -- as we try to raise people up out of 22 poverty, we would use casino gambling as the 23 anchor to drag them back into it. 11736 1 Sixth, I'm unconvinced that 2 casino gambling will generate significant new - 3 worthy new revenues for this state. I know, and 4 all of our evidence points to it, that it brings 5 with it attendant problems -- crime, prostitu 6 tion, and it may bring other criminal activities 7 into this state, ones that worry me a great 8 deal. 9 Seven -- if you aren't counting 10 -- we're going to create tremendous wealth for 11 someone in casino gambling. We don't know who, 12 but probably someone who can afford to sell the 13 bonds, raise the cash, major corporations. 14 There's no reference in here to any kind of 15 excess profits tax that we can, in turn, use for 16 the poor. We seem to be willing to create a 17 tremendous profit for some, while enchaining 18 others in poverty. It doesn't make any sense. 19 There is no restriction on the 20 casino gambling industry's ability to influence 21 referendums. What about pouring 10- to $15 22 million into a referendum in Warren County so 23 that they can establish the prelude to casino 11737 1 gambling there? It doesn't seem to me to make 2 any sense. There are no restrictions on how 3 much they can contribute. 4 What about our investment in 5 other forms of recreation? Will people walk the 6 Seaway Trail that we've invested hundreds of 7 thousands of dollars in? Will they walk the 8 Genesee Trail, which we've invested hundreds of 9 thousands of dollars in? Or, will they simply 10 spend their vacations pulling the "one-armed 11 bandit"? 12 Finally -- I think Senator Spano 13 summed it up best -- there are no promises in 14 this. Senator Spano said he couldn't promise 15 you anything, and gambling can't promise you 16 anything because, when all is said and done, 17 this is the biggest gamble we will ever take in 18 New York State. This is the big gamble. Today, 19 we're willing to roll those dice in our fingers, 20 and we're about to spin them out in front of our 21 public and say, "You know something? It's going 22 to be a winner." 23 Anybody who believes that line 11738 1 has fallen for the gambler's trick, and I would 2 submit to everyone that this is a gamble, a huge 3 gamble, and one that the people of this state 4 not only don't want us to take but when they 5 look at the reasons, from increased crime to the 6 whole gamut that I have discussed, they will say 7 that this is a bet they don't want to take. 8 THE PRESIDENT: Senator Abate. 9 SENATOR ABATE: Madam President, 10 would Senator Spano yield to a number of 11 questions? 12 THE PRESIDENT: Senator Spano. 13 SENATOR SPANO: Yes. 14 SENATOR ABATE: Senator, you 15 mentioned that what will happen in New York City 16 -- or New York State won't repeat what occurred 17 in Atlantic City. What is in this bill that 18 will give all of us confidence that what 19 occurred in Atlantic City won't be repeated 20 here? 21 THE PRESIDENT: Senator Spano. 22 SENATOR SPANO: What we have to 23 look at, Senator, is that we don't have a bill 11739 1 before us, we have a constitutional question. 2 It's a constitutional amendment, an amendment 3 that allows us to present before the voters a 4 resolution on casino gambling. Three or four 5 other times we have done that in New York State 6 where we presented the question, whether it be 7 racing, we didn't prescribe how many race 8 tracks. That was all done in the enabling 9 legislation. 10 We envisioned presenting this 11 question. We have time next year, in our next 12 session, to put together a very tightly drawn 13 statute that would prescribe the number of 14 casinos, the number of slot machines that would 15 be at the racetracks, the type of casino control 16 commission that would be established, take a 17 look at the contributions, in addition to 18 whatever is currently on the books in the state 19 of New York. 20 All of those questions, Senator, 21 would be handled in the enabling legislation, 22 and it would be impractical for us to try to put 23 that into a resolution in the Senate and the 11740 1 Assembly that we're going to put to the voters 2 for their approval. 3 SENATOR ABATE: Maybe I don't 4 understand, Senator. Would you yield to another 5 question? 6 SENATOR SPANO: Sure. 7 SENATOR ABATE: This enabling 8 legislation also, in some detail, outlines what 9 areas of the state could be authorized to have 10 gambling. So it goes beyond enabling 11 legislation to actually detail perhaps what 12 seven or eight counties would have the 13 possibility of having gambling; and isn't that a 14 decision that merits some planning, some 15 comparative study, between what's happened in 16 Las Vegas, Atlantic City, and other areas, to 17 see if it makes sense to have that many areas in 18 the state authorized to have casino gambling? 19 THE PRESIDENT: Senator Spano. 20 SENATOR SPANO: It is pretty 21 clear to us. This is information that we 22 received at our hearings, that especially in 23 economically distressed areas, the tourism 11741 1 areas, when we hear from the owners of the 2 hotels in the Catskills who tell us that the 3 conventions are not going there. 4 Senator Solomon said, "Oh, they 5 are going to Las Vegas; they are going to other 6 areas of the state." That's my point. There 7 are some very beautiful areas of New York State 8 that are not benefiting from that extra 9 attraction of a casino in addition to the very 10 beautiful regions that we have right now. 11 This constitutional amendment is 12 pretty tightly drawn. We could take it and go 13 -- and just do a couple-of-line resolution that 14 says, "Allow casino gambling in New York State," 15 period, and then handle everything afterwards in 16 terms of the enabling legislation. 17 What we decided to do, after 18 negotiations with the Assembly, was to put a 19 very narrow bill in place that handled just a 20 few regions of the state and paid attention to 21 the concerns of the tracks as well. 22 So it is very narrow, Senator. 23 SENATOR ABATE: Would you yield 11742 1 to another question? 2 SENATOR SPANO: Sure. 3 SENATOR ABATE: My concern is 4 that we are putting the cart before the horse 5 and that we have not done enough planning, 6 comparative study, to see what's gone wrong in 7 other areas to ensure that we don't repeat those 8 very same mistakes here. 9 Somewhat randomly, you suggested, 10 you picked out certain areas of the state that 11 would be authorized to have casino gambling. 12 Senator Spano, could you detail how these areas 13 were selected? Why these and not others? 14 SENATOR SPANO: I have to 15 disagree with you, Senator. We have taken a 16 real close look at the areas across New York 17 State that would benefit from this. We have 18 heard from the tourism industry. We have heard 19 from the chambers of commerce across New York 20 State. We have heard from local officials at 21 each of the hearings where we've had dozens of 22 people testify who have said to us, "We need 23 some help in the Catskills." "We need help with 11743 1 a dying racing industry." "We need help in 2 Saratoga or Warren County," City of Niagara 3 Falls, City of Buffalo. We've had people on 4 your side of the aisle say that it's important 5 that Buffalo be involved in the constitutional 6 question, as well. 7 So that from the hearings -- and 8 the Assembly had a number of hearings as well - 9 we have, in fact, heard from people across the 10 state. They have showed us the statistics of 11 people who are leaving regions of the state when 12 we talked to hotel owners who have had lists of 13 cancellations of conventions of people who have 14 chosen to go down the Mississippi or to go to 15 New Orleans to have those conventions there. 16 Why? Because they have that extra attraction of 17 casinos. That's all part of our study that we 18 did take part in. Granted, you weren't here, 19 but your predecessor did take an active role in 20 the hearing process. 21 SENATOR ABATE: Did this study 22 look at the social and economic impact that 23 these casinos in other areas had on the 11744 1 surrounding communities? 2 SENATOR SPANO: I'm sorry. I 3 didn't get the first part of your question. 4 SENATOR ABATE: Did this study 5 that was conducted by the Legislature look at 6 the social and economic impact casino gambling 7 had on the surrounding communities? 8 SENATOR SPANO: When we analyzed 9 the testimony that was presented in the 10 discussions that we've had with people from 11 across the state, with very little exception, 12 people have agreed that it would help not only 13 the specific area but the region of that state. 14 So if we help a specific area in Sullivan 15 County, it's going to help that entire region. 16 Why? Because we're going to take not only the 17 people involved in that casino working there but 18 the surrounding region as well. 19 Let me give you an example, 20 Atlantic City. It's estimated there are 50,000 21 people who are permanently employed full time in 22 Atlantic City, but it's also -- the estimate is 23 there are another three to four times that 11745 1 number of people who are employed within a 20 2 or 30-mile radius of that city who are involved 3 in a business whose livelihoods depend upon that 4 casino. So those are the type of statistics 5 that we did look at. 6 SENATOR ABATE: Just one last 7 question, Senator Spano. This study that was 8 conducted, is there a written document that 9 shows the conclusions reached and has that 10 document been shared with the members of this 11 Legislature? 12 SENATOR SPANO: We have a report 13 and during the debate, I'll try and get a copy 14 of it to you. 15 SENATOR ABATE: Because I, for 16 one, have not received a copy of this study, and 17 it seems to me that we should have had perhaps 18 more hearings, more information sharing. This 19 is such a critical issue. 20 SENATOR SPANO: Senator Abate, we 21 will get a copy of that report to you in a few 22 moments. It's the report of the Senate 23 Subcommittee on Racing, Wagering and Gaming, 11746 1 that was presented -- a staff report that was 2 presented to the members last year. We will get 3 it over to you. 4 SENATOR ABATE: Madam President, 5 on the bill. I speak not as an expert, clearly, 6 on casino gambling but someone who grew up about 7 half an hour from Atlantic City in a town called 8 Margate. I remember hearing the arguments, 9 although I was in high school -- returning from 10 college at the time, how all the residents of 11 Atlantic City felt this would be the new 12 beginning for the city. 13 The argument used, as Senator 14 Spano said, this would be an opportunity to take 15 a potentially economically distressed area to 16 revitalize it, produce new opportunities for the 17 region and help the rest of the state. There 18 were great hopes among all the local business 19 community, the residential community. There was 20 almost overwhelming support. 21 If you go back today and you look 22 for those same small businesses -- and I'm 23 talking about the movie theaters and the 11747 1 restaurants, the small manufacturing industries, 2 jobs upon jobs. If you go back to Atlantic 3 City, it is a ghost town. There's casinos along 4 the Boardwalk, and there's very little else. 5 There used to be a time people would go into 6 Atlantic City, the local residents, and have 7 dinner and go to a show, go shopping, go there 8 to work other than the casino. Nothing exists 9 any more. 10 My memories of Atlantic City are 11 only memories, because I have no interest - 12 unless I want to gamble. I have no interest or 13 desire to return to that city. That's how 14 decimated that city has become, and for every 15 job that was created by casino gambling, there 16 was one that was lost when these businesses 17 closed and when residents were forced to go 18 away. Now, people say there is no reason to go 19 to Atlantic City and, moreover, it's so unsafe, 20 they are afraid to go to Atlantic City. 21 Now, this is not that I want to 22 get on the floor to damn Atlantic City, because 23 it was my home and I hope there will be economic 11748 1 revitalization. While there are good intentions 2 here and there may be other areas like Atlantic 3 City within New York State that think gambling 4 will bring economic revitalization and jobs and 5 revival to their communities, we should go very 6 slowly before we pass this legislation. 7 We need a closer look on the 8 economic and social impact that gambling will 9 have. I'm very concerned that we're now 10 deciding that several areas of this state will 11 have gambling. I think we should go slowly. If 12 we have to have gambling, it should be in one 13 area. We need to study the impact, and we need 14 regulation. We are putting it forward without 15 the experts, without putting a commission 16 together to tell us how best to proceed. We're 17 proceeding without the experts, without the 18 study, without the comparative look. I'm afraid 19 we're going to repeat the same mistakes that 20 have been made in Atlantic City and elsewhere. 21 So I urge all of you -- maybe 22 this is a better idea or a good idea in years to 23 come. We're premature right now, and just to 11749 1 say, "We need the new revenue; we need money in 2 New York State, and we need it now," is not a 3 good enough reason to pass this legislation. 4 Look at what happened to Atlantic 5 City. Nothing in this bill proves to me it 6 won't happen in New York State. 7 THE PRESIDENT: Thank you, 8 Senator Abate. 9 Senator Marchi. 10 SENATOR MARCHI: Madam President, 11 the issue -- we're not legislating on a bill or 12 on a proposed statute. We are legislating on a 13 concurrent resolution of the Senate and the 14 Assembly to amend the Constitution of the State 15 of New York. 16 I have been through that 17 process. In 1967, the people of this state 18 authorized a Constitutional Convention. I 19 attended that convention. The only other member 20 in either house that was there at that time was 21 Senator Galiber with me. 22 At that time, the issue of 23 greater specificity on matters -- invidious 11750 1 comparisons were drawn between what we had in 2 the state of New York and what they had in the 3 federal Constitution, which was a broad grant of 4 powers, and then the rest was left to the 5 legislative body or the Congress, and the moral 6 of the lesson was that we should emulate that 7 procedure. In fact, we had the Chief Justice of 8 the Supreme Court of the United States initiate 9 that Constitutional Convention that we had. 10 What resulted was a Constitution 11 that was many times the length of the previous 12 one, because we were very specific. We were 13 very specific about the provisions that were 14 going to go into it. So some of the exhorta 15 tions we've had about more specifics, about 16 control, all of these matters don't belong in a 17 Constitution for the simple reason that any time 18 you want to change, then you have to amend the 19 entire Constitution. It doesn't make sense. 20 I understand the spirit that 21 motivated some of the speakers in criticizing 22 this measure, but they are criticizing it on the 23 basis of statutory amendment which we do 11751 1 routinely. If this were a statutory presenta 2 tion, some of these remarks would fall into 3 line, but we're not doing that. 4 We are considering the 5 circumstances that are forced upon us -- because 6 it would be much easier for me to debate against 7 casino gambling, frankly, on my own druthers, 8 but we're talking about a framework that exists 9 in the entire region. We have states on both 10 sides of us that play to the 18 million people 11 of this state. We have Native Americans 12 operating out of privileged sanctuaries with 13 perfect freedom within the state of New York. 14 So let's not talk about casino 15 gambling coming to New York. It's here, and 16 it's here in a big way. What we have to do - 17 what we have to do, I think, Madam President, is 18 to put this issue squarely before the people and 19 squarely before the Legislature. We have 20 another year to go. 21 We may be very comfortable that 22 this prevails or we may want to make some 23 changes or we may want to reject it altogether, 11752 1 but it's very clear that we have to serve notice 2 on the surrounding states, on our Native 3 American friends, that we are here and we have 4 this subject on the table and we will not 5 dismiss it summarily. It is important, Madam 6 President, that we act and put this in place. 7 We didn't follow the federal 8 example here, nor should we because some 9 specifics, some general provisions have to be 10 laid out to indicate the nature of it, but to go 11 beyond that would be to invite problems. Well, 12 it just wouldn't be operable. It doesn't make 13 any sense to do that, but what we will do if we 14 approve this legislation, we will have it on our 15 plate. Very definitely. We will have first 16 passage on our plate, and that's where it should 17 be so that we can give it the attention that it 18 deserves, make the modifications, if necessary, 19 or reject it altogether. 20 But we must serve notice that we 21 mean business. We're not going to stand by 22 passively while surrounding states conduct 23 themselves the way they are conducting 11753 1 themselves and also, to our Native American 2 friends, that we are serious about this, and we 3 can do -- we can convey the intensity of our 4 seriousness and the firmness of our purpose by 5 making this first passage. It is essential. 6 It is absolutely necessary that 7 we do this and, if we do this, I believe that we 8 will have set the forum in a much more rational 9 manner so that it may be addressed intelligently 10 in the days and months ahead. 11 THE PRESIDENT: Thank you, 12 Senator Marchi. 13 Senator Padavan. 14 SENATOR PADAVAN: Thank you, 15 Madam President. 16 Over the last several years, I 17 have attempted to share with the members of this 18 house and, indeed, the entire Legislature as 19 much information as I could garner from sources 20 throughout the country on the issue of casino 21 gambling. We published two reports last year 22 detailing that data with very ample reference to 23 the sources of the information. 11754 1 During this year, we have also 2 communicated and shared with you information. 3 Most recently, a week ago, June 23, I sent to 4 you some information relevant to the Indian 5 Gaming Act issue, something that was just 6 addressed by Senator Marchi and the sponsor of 7 the legislation. I would like to talk about 8 that just a little bit. 9 Having sent all this to you, it's 10 unnecessary for me to rehash it all, and I don't 11 intend to do that. But I do think it's 12 important to highlight certain specific things. 13 It's the Indian Gaming Act issue 14 that I think we have to talk about, if not 15 briefly, certainly talk about it. Currently, 16 there are a number of court cases pending at 17 various levels of the federal court, including 18 the Florida case which will be heard by the 19 Supreme Court in the fall. The essence of these 20 actions are the states rejecting the concept 21 that their rights as states can be subverted or 22 overruled vis-a-vis the Indian Gaming Act. 23 If any one or all of those cases 11755 1 are successful -- and there's certainly a body 2 of thought that says they will be -- then the 3 issue and the statement that we hear all the 4 time, that casinos are here and there will be 5 more of them as a result of the Indian Nations, 6 will not be relevant. 7 In addition to the legal actions 8 in the courts, individual Congresspersons, 9 Solomon and Torricelli, as an example, have 10 introduced legislation to totally revamp the 11 Indian Gaming Act. 12 I suggest to you that this nail 13 on the wall on which we are hanging a hat which 14 says, "The Indians have it untaxed and 15 unregulated; therefore, we should do it as a 16 state," that nail is weakening and there is a 17 crack in the wall. 18 I think we owe it to ourselves 19 and certainly the people of this state to have 20 the benefit of the result of either Congress or 21 the courts or both on this very critical issue 22 of Indian gaming. 23 Keep this in mind, however. The 11756 1 adoption of this constitutional amendment will 2 then allow the Indians in New York State -- the 3 Indian casinos to install slot machines which 4 currently they are prohibited from doing it, 5 although they are attempting do it with some 6 type of electronic machine that the Attorney 7 General is in court about. 8 But, nevertheless, there is a 9 catch-22 to this issue. Pass the constitutional 10 amendment, and the Indian casinos get slot 11 machines. They reap greater rewards, and that 12 pool of money which people seem to think is 13 unlimited in terms of what people can wager in 14 casinos, lotteries, OTB parlors, and now Quick 15 Draw, which will be with us very shortly, it is 16 not unlimited. 17 The issue of economic development 18 is, of course, the one that fuels a lot of the 19 arguments relevant to casinos. The sponsor of 20 the legislation has articulated some of those 21 reasons or feelings or arguments, but I would 22 like to suggest to you that they are very, very 23 shallow arguments because, in reality, as a 11757 1 number of individual economists throughout this 2 nation -- from the University of Massachusetts, 3 Professor Goodman, under a grant from the Ford 4 Foundation, Professor Grinols from the 5 University of Illinois, even economists working 6 for the casino interests in Nevada -- will tell 7 you that, unless you import great numbers of 8 people into the state, then the economic 9 benefits turn out to be what is termed by many 10 of them "a zero sum gain," and I think that 11 would be the case in the state of New York. 12 The Comptroller last year put out 13 a report, and he updated it this year, in which 14 he points out that there is a limit to the 15 amount of money that can be wagered, and that 16 the economic gains to the state of New York 17 would not be what the proponents say it would 18 be, and he uses a tax rate of 20 percent. 19 Consider Nevada is about 4 or 5 percent; New 20 Jersey is at 8 percent; and the notion that 21 we're going to be able to tax casinos at 20 22 percent is, I think, very, very optimistic. 23 But even using 12 percent, 11758 1 splitting the difference, it's clear that New 2 York State would not make money as a state. 3 Individual operators of casinos, the owners of 4 these facilities, whoever they may be, will reap 5 great rewards, but the surrounding communities 6 will not because these casinos exist like giant 7 vacuum cleaners. They suck up around them, 8 whether it's Atlantic City or any other place, 9 the entertainment, the restaurants, the smaller 10 facilities who can not compete, and when those 11 jobs are lost, yes, some of them are picked up 12 by the casinos, but the net result is a minus 13 one. 14 And those who think that in the 15 Catskills there will be a massive revitalization 16 will, in the long run, be embarrassed. People 17 will go up Route 17, or however they get there. 18 They will go to the casino, wherever it may be, 19 the Concord, the Nevele, however. I have spent 20 much of my youth in the Catskills and own 21 property in Delaware County. I know the region 22 very well. They will go there. They will 23 gamble. They will be entertained. They will 11759 1 eat. They will sleep, and they'll get back in 2 their car and they'll go home. Maybe they will 3 stop for gas, but all of the surrounding 4 entities, the small businesses, the smaller 5 establishments whether they be motels or 6 whatever, they will suffer. 7 The other issue that I think we 8 should talk about, because it's certainly 9 relevant, is the issue of crime. The Assembly 10 Committee on this issue held a hearing last 11 year, and one of the people who appeared before 12 it was the chief of organized crime, Jim Moody, 13 a man with 23 years of experience with the FBI 14 and still with the FBI, particularly in the area 15 of organized crime, and I'm just going to share 16 with you very quickly his statements before that 17 committee at that hearing. 18 "Vast sums of cash are handled, 19 even more than banks handle on a daily basis. 20 These factors coupled with organized crime's 21 historical involvement in illegal gaming make 22 any gaming activity attractive to organized 23 crime. They will attempt to infiltrate the 11760 1 operational industry, not just gaming but all 2 aspects that go along with gaming that they 3 believe is vulnerable. 4 "When New Jersey passed their 5 casino gaming legislation, I can tell you that 6 several years before, here in New York, 7 organized crime was developing their plan to 8 infiltrate, and this is a quote, 'They bribed 9 the mayor of Atlantic City whom we convicted 10 along with a bunch of Costa Nostra members, and 11 we convicted a subsequent mayor of Atlantic City 12 for the same thing'". 13 And he went on and on to talk 14 about the increase in the crime rate. The first 15 year, it went up 25 percent and it's gone up 16 every year since, and I'm not talking about 17 petty crime. I'm talking about felonies. Four 18 of the seven mayors of Atlantic City have gone 19 to jail. Crime, political corruption, will be a 20 fact of life with casinos. Our District 21 Attorney in Manhattan, Robert Morgenthau, said 22 this extremely well in his communication last 23 year to members of this house which we also 11761 1 shared with everyone. 2 In Louisiana -- and I think 3 someone mentioned earlier some of the things 4 going on down there. By the way, two of those 5 riverboats closed down because they couldn't 6 make it. They were not profitable. But in 7 Louisiana, the gaming activity wasn't even off 8 the ground when the FBI indicted 17 people and, 9 among them were representatives of crime 10 families from New York City who had infiltrated 11 one of the supply aspects of their gaming, 12 gambling operations. 13 So we see it's not just in 14 Atlantic City. It's everywhere casinos are, and 15 I believe the FBI, and I believe the district 16 attorney that it would happen in New York State. 17 One area relevant to the question 18 of political corruption, I think, should be one 19 where we understand that when you have this type 20 of activity widespread throughout the state, 21 with such enormous amounts of cash flowing, that 22 the ability to influence decision-makers at all 23 levels of government becomes not only one that 11762 1 can happen easily but cannot be avoided, and I 2 don't want to see that happen in New York 3 State. I really don't think we need that to 4 happen. 5 Economic development, political 6 corruption. The impact on individuals with 7 regard to compulsive gambling, a very serious 8 issue. Gamblers Anonymous reports that last 9 year over 7,000 phone calls were received by 10 them through their hotline from residents of New 11 York State, and they tell us wherever there are 12 more gambling opportunities, whether it's Quick 13 Draw or casinos, the number of individuals who 14 seek their help, whose lives and lives of 15 families, businesses, and so on, become put in 16 jeopardy, significantly increase and anyone who 17 suggests that's not going to happen in New York 18 as we move forward with more gaming 19 opportunities, more gambling activities, is 20 certainly misjudging the issue. 21 Economic development will suffer 22 because not only for the reasons I articulated 23 before but because we will be taking money out 11763 1 of the economy. The economists tell us that for 2 every dollar that's gambled away, you lose $1.50 3 because there is no value added. No value 4 added. There is no product. There is no 5 service. There is a loss of money that becomes 6 revenue for people operating casinos. They are 7 the ones who are pocketing it, not the people in 8 the state in terms of tax revenues and not 9 legitimate businesses who genuinely provide 10 economic development and opportunity. 11 So there is a great deal more 12 that certainly I could present. But I say 13 again, as I said at the outset, I have 14 transmitted all of that to you. If you read it, 15 thank you. If you didn't, I hope you will. But 16 it's there to be read and to be reviewed and to 17 be discussed. I think when we start down this 18 slippery road, even though it's only first 19 passage, we open ourselves up to a tremendous 20 amount of lobbying pressure that will be placed 21 upon us next year or the year after and then, if 22 it gets on the ballot, the huge sums of money 23 that will be spent. 11764 1 Look at Florida. Hundreds of 2 millions of dollars were spent down there to 3 lobby for casinos. Fortunately, Disney was able 4 to contribute a significant amount of money to 5 counteract that, and 60 percent of the people in 6 that state rejected casinos. 7 We don't have a Disney in New 8 York. I don't know of any group or organization 9 or individual that's going to be able to come up 10 with the money to counter that campaign, and 11 that's why I want to keep it off the ballot and 12 why I'd like to see it end here and now. Let's 13 not sell our soul to the casino interests. 14 Let's not put ourselves on the plate to be 15 devoured in terms of those who would seek to 16 subvert the institutions, the economy, the 17 people, and the political process in New York 18 State. 19 THE PRESIDENT: Thank you, 20 Senator Padavan. 21 Senator Jones. 22 SENATOR JONES: On the bill. I 23 have heard many things said here today, and I 11765 1 understand that we're saying put it on the 2 ballot and let's give the people of the state 3 what they want. Well, I think that's fine as 4 long as the people have the facts before, so 5 they know what they are voting on. Senator 6 Spano alluded to his report. 7 Clearly, we're not giving the 8 people what they are clamoring for, because I 9 have the copy of it right here, and let me just 10 share with you what it says. "Support for 11 gambling in State of New York is far from 12 unanimous. In fact, uncertainties of increased 13 crime, compulsive gambling and other social 14 effects have not been quieted by any hope of new 15 jobs, economic development and a new source of 16 state and local revenue." 17 That's from Senator Spano's 18 report that he referred to before. Senator 19 Solomon spoke about money and the possibility of 20 corruption, and I want to thank you, Senator 21 Padavan, because I did read both of your reports 22 and found them extremely helpful. 23 Let me just mention what Senator 11766 1 Solomon brought up about the money issue and the 2 possibility of corruption. In Connecticut 3 alone, in the first six months of '93, casino 4 lobbyists spent $2.36 million lobbying state 5 legislators to legalize gambling. I think that 6 says "Danger" right there that you don't have to 7 spell out. 8 Then we talk about the new 9 revenue. Well, where is it going to come from? 10 We're worrying about all the states around us 11 that have gambling. Clearly, then, these people 12 from Connecticut and Jersey who already have it 13 are not going to run over to New York to 14 gamble. It's going to be our own money and, I 15 suspect, money already spent on such things as 16 racing, lottery, et cetera. 17 Then I heard you talk about 18 saving the Catskills. I've spent time in the 19 Catskills. I have attempted to actually book a 20 convention there. The problem is there is no 21 convention center big enough to hold any such 22 convention, which says to me we're not going to 23 save the Catskills and the existing hotels, 11767 1 because your bill does not say anything about it 2 will be an existing one. What we're going to do 3 is open it up to Donald Trump or someone else 4 who has unlimited money to come in and build a 5 new hotel, which in no way is going to save the 6 ones that are already there. 7 I just feel that if we're 8 building the economic house of this state on 9 gambling, then we ought to hang out the bankrupt 10 sign today because the profit won't be there. 11 The educators in this state have waited for many 12 years for the big lottery windfall that never 13 came. 14 We do not have a right to delude 15 our citizens that another chance to strike it 16 rich is just around the corner. I can't support 17 this bill in any form. 18 THE PRESIDENT: Thank you, 19 Senator Jones. 20 On the resolution. Oh, so 21 sorry. Senator Hoffmann. 22 SENATOR HOFFMANN: Thank you, 23 Madam President. 11768 1 I'm one of those people who has 2 evolved her thinking a little bit over the last 3 few years on the whole issue of wagering and 4 gaming and, obviously, the fact that I have a 5 large casino that was formerly in my district - 6 now in Senator Sears' district -- has some 7 bearing on my thoughts on this matter, and I've 8 been reflecting a little bit on this entire 9 history over the last few days, and I recognize 10 that many of my constituents have changed their 11 thinking as well, and they would like to believe 12 that those of us who are working for them in 13 Albany are taking their interest into 14 consideration as we develop legislation. 15 But, regrettably, nothing really 16 could be further from the truth for the people 17 of Central New York, where this particular bill 18 is concerned. The most distressing aspect of 19 this legislation is, of course, the way it was 20 crafted in secrecy and literally thrown at us in 21 the final hours of session, not available until 22 noon today for members of the Senate to review, 23 at least members on this side of the aisle. I 11769 1 understand that lobbyists and prominent staff 2 may have had something akin to a final copy 3 yesterday or a few days ago, and I have been 4 reading, with some interest, the newspaper 5 accounts with great detail over the last week or 6 so. 7 But I'm elected by 300,000 people 8 in the 48th Senate District, and before I vote 9 on a resolution to go on the ballot that 10 requires a constitutional amendment, I believe 11 I'm entitled to the courtesy of seeing a bill, 12 seeing a resolution well in advance of this type 13 of debate. Four or five hours for a 14 constitutional amendment that is two years ahead 15 of us is not an appropriate way for us to be 16 addressing this issue. 17 Let me just go through the 18 details as I understand them and how they would 19 affect my constituents and why I can't possibly 20 support it either on the merits or on the 21 process. The people of Central New York have 22 watched Indian casino gambling flourish through 23 the Oneidas, and the Oneidas are uniformly 11770 1 complimented for running an efficient and fair 2 business operation that employs many 3 non-Indians. I have no complaints about the way 4 they conduct their business, nor do most of my 5 constituents. 6 But if the issue is fairness, "If 7 the Indians can do it, then why can't lots of 8 other people?" then let's take a look at what 9 happens under this measure. I have looked at 10 the locations, Greene, Ulster and Sullivan 11 Counties, the city of Niagara Falls, the city of 12 Buffalo, Saratoga or Warren County. Okay. What 13 that means, then, for my constituents is, 14 instead of going right over to the Oneida 15 nation, they now can go to other parts of the 16 state further away and enrich the economy in 17 those parts of the state. 18 It also means, logically enough, 19 that some of the people who come now to the 20 casino in Verona, New York, will go to other 21 parts of the state. Is that fair? Is that 22 going to be an economic incentive for the people 23 in the 48th Senate District or the surrounding 11771 1 districts like Senator Sears'? 2 We have been devastated by the 3 loss of Griffiss Air Force Base. We have lost 4 numerous manufacturing jobs. Just in the last 5 few days Utica suffered an enormous blow, losing 6 some of the Lockheed positions, and we're still 7 clinging tenaciously to the hope that Rome Lab 8 will continue to stay and flourish and we can 9 build a high tech future with military 10 relationships and the scientific and academic 11 communities in years ahead, but we don't know if 12 we will be going through the same battle again 13 in another couple of years that we just went 14 through with the Base Realignment and Closure 15 Commission and if we'll come out as well. 16 So we don't want to lose any more 17 jobs in our region, and these other four regions 18 specified to get a casino would be in direct 19 competition with the Indian casino that's 20 presently there. I don't think my constituents 21 want that competition. 22 I understand that there would be 23 slot machines at the tracks. All right. Vernon 11772 1 Downs would benefit from the slot machines, so 2 would every other racetrack in the state, and 3 I'm glad to know that there is a consideration 4 about how that would stimulate the breeding 5 industry. I'm glad, because I represent 6 Morrisville College, where we have one of the 7 finest equine training programs in the nation. 8 But these things have to be 9 studied. They have to be analyzed. I want to 10 run some numbers on this, and I don't want to 11 have to do it at 5:00 or 6:00 or 7:00 o'clock 12 tonight when it's a constitutional amendment 13 that goes before my constituents two years from 14 now at the earliest. 15 I thought things were going to be 16 done a little differently here. This isn't 17 about partisan politics. This is about fairness 18 and courtesy and basic democratic -- with a 19 small "d" -- principles. 20 I'm not going to vote for this 21 and I will urge my constituents to vote against 22 it, but I am embarrassed that we're closing our 23 session in what began as such an exciting new 11773 1 year in this fashion. 2 THE PRESIDENT: On the 3 resolution. Call the roll, please. 4 Senator Connor. 5 SENATOR CONNOR: Thank you, Madam 6 President. 7 I will be brief. Just let me say 8 that I guess because I'm a leader I got this 9 resolution earlier. I got it at 10:40 this 10 morning and had my staff prepare a memo and get 11 copies for all the members here for our noon 12 conference. 13 The fact of the matter is, my 14 first impression about this entire issue here 15 today is: What's the hurry? First passage can 16 be any time next year during the session. The 17 fact that the bill does or doesn't pass this 18 week as opposed to this time next year wouldn't 19 result, if everything went swimmingly -- for 20 those who are proponents would, in fact, not see 21 a casino open one second sooner. 22 Why not take this draft -- and I 23 recognize people have negotiated. Some people 11774 1 have. I think I know who they are -- and let 2 the public see it. Go forth to the public with 3 it. Vote on it next year. 4 Why? Because thanks to the 5 foresight of our constitutional drafters and the 6 people who adopted our Constitution, ultimately 7 the people of the entire state will judge 8 whether or not to pass this amendment. So if 9 you are for casino gambling, as many of my 10 colleagues are, don't you want to have a 11 proposal that's assured of passage? Don't you 12 want to give it the test of time? 13 People say to me, "Well, the 14 public can discuss it. Heck, they have three 15 years to discuss it. They can discuss it before 16 second passage, and they can discuss it before 17 the referendum." Yes, they can discuss it, and 18 they can vote it down if it's not carefully 19 crafted. Look at what happened in Florida. 20 Look at what happened in some other states. 21 You know, people say, "Well, this 22 issue has been kicking around." You know, the 23 concept of casino gambling has been kicking 11775 1 around for some time, but this is hot off the 2 press, and I say slow down. It's good that we 3 have a draft now. Let us take it home. Let us 4 show the folks back home. Have some hearings, 5 and I recognize that Senator Spano had hearings 6 on the concept of casino gaming, and that was 7 good. 8 Now there's a concrete proposal. 9 It's not an emergency measure. It doesn't have 10 to pass this session. It doesn't have to pass 11 in the closing hours today. Take it home. Let 12 us all hold hearings in our district. Let's 13 hold hearings and invite interested people. 14 Let's talk to the people who wanted to get in 15 and didn't get in and talk to the people who 16 didn't want to be in and didn't get in the way 17 they wanted and, any way you slice it, let's 18 hear from all these people. 19 People say to me, "Well, like who 20 would you hear from?" Most of what I know about 21 this I have been reading in the newspapers the 22 last two weeks, as have many of us. I read, and 23 I think in the paper today, "Oh, the Mayor of 11776 1 the city of New York isn't happy; he wanted New 2 York City in here." I think I read somewhere 3 else the Governor thought New York City might be 4 a good idea. 5 Now, if somebody wants to say to 6 me two or three men in a room decided, well, no, 7 to abandon that, it's the way things have always 8 worked and we have addressed that issue many, 9 many times around here. But the fact of the 10 matter is, on this issue, we have time. We have 11 the proposal. 12 When I said this earlier, someone 13 said, "Oh, you want it in New York City." No! 14 I didn't say that. But what I do say is, if the 15 mayor of the city of New York, whom I haven't 16 talked to about this, is reported in reliable 17 media to be disappointed because New York City 18 isn't included in here, why don't we have a 19 hearing? Why don't we let the mayor of the 20 largest city in our state put on the public 21 record what the position of his administration 22 is? What's wrong with that? 23 You say, "Oh, well, he can do 11777 1 that after we do first passage. He can do it 2 before second passage." 3 Some person said, "Well, you 4 know, if we get to second passage and we find 5 out the public's not very happy and people who 6 have an interest in this aren't very happy, and 7 you change it, we're back to first passage 8 again. You have delayed it by a number of 9 years." 10 I think this is something that, 11 for those who support casino gaming, you ought 12 to get right the first time. You ought to hear 13 from everybody the first time. You ought to 14 have a dialogue with interested people, and I 15 think if we, the legislators, the legislators 16 who are elected by the people to deal with 17 issues like this, have had to rely on media 18 reports, including myself, this past week or 19 two, about what's in, what's out, who wants it 20 and who doesn't want it and who wants what, what 21 about the public? What chance do they have to 22 really know what the game is, to really know 23 what's going on? 11778 1 The fact of the matter is, there 2 is no hurry on this. There ought not be any 3 hurry. Regrettably, there seems to be a hurry 4 and a big push on this. I say let the public 5 have a chance to comment on it. Let there be 6 hearings. Let the mayor of the City of New York 7 tell us what he wants or doesn't want. I'm not 8 suggesting we have to give him what he wants, 9 but the fact of the matter is, certainly he's 10 entitled to a hearing. Other people are 11 entitled to an airing. That is the way many 12 members on this side of the aisle feel. I would 13 hope many of my other colleagues would feel that 14 and then, if there's sufficient support for a 15 specific proposal, we can do first passage next 16 year in a timely fashion and move along the 17 process. 18 So given that situation, given 19 what I've just described, the lack of a public 20 airing of this specific proposal, I intend to 21 vote no, Madam President. 22 THE PRESIDENT: Senator Bruno. 23 SENATOR BRUNO: Thank you, Madam 11779 1 President. You've heard a lot of conversation 2 about the merits of this resolution. I'm not 3 going to prolong the discussion or the debate, 4 but I would just like to just close with a few 5 observations and comments. 6 One, this is first passage of a 7 resolution. Senator Connor is right. We do 8 have next year when we could be doing what we're 9 doing. The main reason why this resolution is 10 on the floor today is that most of the 11 surrounding states to New York have casinos or 12 are voting on casinos and are threatening the 13 economy of New York state. The Indians have a 14 casino functioning presently. They have several 15 under construction or in the planning stages. 16 This is not a debate in any way 17 on whether we in this chamber support casino 18 gambling or not. That is not the debate that is 19 before us. The debate before us is whether or 20 not the people of this state will have an 21 opportunity to vote on whether or not they want 22 to participate in the proceeds from casino 23 gambling. That's the discussion. 11780 1 That's the vote that will go to 2 the people year after next if this gets second 3 passage, not whether or not we will have 4 casinos. We have a casino. We will have 5 several casinos. Within an hour and a half 6 driving is the biggest casino in the world. 7 This is not a debate on whether we support 8 casinos or not. It is a debate on where the 9 revenue will go. 10 Will it make the Indians in this 11 state multi-millionaires, individually, or will 12 it make the people of this state better off by 13 having money for education, welfare, Medicaid, 14 roads, bridges? That's the debate. 15 I'm against casinos. I would 16 vote against making a casino legal in New York 17 State. I have always opposed casino gambling, 18 but that is not the debate that's taking place 19 here. 20 Should this be studied? Should 21 we have hearings? We've had hearings all over 22 the state. We've had hearings all over the 23 state. Both sides of the aisle participated. 11781 1 Between now and a year from now, 2 we will have an opportunity to give this second 3 passage. We can change it next year after all 4 of the public input and debate, or we can give 5 it second passage a year from now. 6 The main reason this is on the 7 floor tonight is to let the surrounding states 8 and the Indian nations know that the people of 9 New York are seriously considering participating 10 in the revenues that come from casinos. That is 11 the debate that we're engaged in. 12 A vote against this resolution is 13 a vote for the status quo that the Indians will 14 continue to operate their casinos, and they will 15 grow, and they will have several, and that the 16 people then will participate with no revenue 17 coming to the people of this state. 18 Springfield, New Jersey, other 19 states, will run their casinos with the bus 20 loads of people and the cars driving out of New 21 York. So you vote as you see fit. I will vote 22 as I see fit. 23 I, Madam President, will vote in 11782 1 favor of giving the people of this state an 2 opportunity to vote on whether or not they want 3 to participate in the revenues that come from 4 casinos. 5 We have an agreed on resolution 6 with Speaker Silver, and he represents his 7 conference, and the Speaker is very cognizant of 8 New York City since he represents part of New 9 York City, and he supports the resolution that 10 is on this floor, and I admire the concern of my 11 colleagues for the city of New York. I am 12 concerned with the city of New York. 13 We have next year, you're right. 14 We have the year after to make judgments on 15 whether what we do tonight is right or wrong. 16 But the fact of the matter is there are plans 17 being made all over the country and, if we don't 18 deliver a message that we are looking at 19 participating, we will be left way behind. 20 So, that's why, Madam President, 21 this is before us, so I urge my colleagues to 22 vote in favor of giving the people of this state 23 an opportunity to make their own judgments on 11783 1 whether or not they want to participate in the 2 profits that come from casinos that will operate 3 in New York State. 4 THE PRESIDENT: Thank you, 5 Senator Bruno. 6 On the resolution, please call 7 the roll. 8 SENATOR PATERSON: Slow roll 9 call. 10 THE PRESIDENT: Slow roll call, 11 please. Ring the bells, please. 12 THE SECRETARY: Senator Abate. 13 SENATOR ABATE: No. 14 THE SECRETARY: Senator Babbush. 15 (There was no response.) 16 Senator Bruno. 17 SENATOR BRUNO: Yes. 18 THE SECRETARY: Senator Connor. 19 SENATOR CONNOR: No. 20 THE SECRETARY: Senator Cook. 21 SENATOR COOK: Yes. 22 THE SECRETARY: Senator 23 DeFrancisco. 11784 1 SENATOR DeFRANCISCO: Yes. 2 THE SECRETARY: Senator DiCarlo. 3 SENATOR DiCARLO: Aye. 4 THE SECRETARY: Senator 5 Dollinger. 6 SENATOR DOLLINGER: Madam 7 President, to explain my vote. 8 THE PRESIDENT: Senator 9 Dollinger. 10 SENATOR DOLLINGER: One of the 11 first things I ever did in learning how to play 12 a card game, I watched my son play a card game. 13 He held one of those, he held an ace, held a 14 king, held a jack and he held a nine. He looked 15 at the deck of cards and says, "Gee, Dad, I'm 16 going to cut myself a queen and I'll have a 17 straight and I'll win", and sure enough, he cut 18 a queen. I then said to him, "Gee, Son, the 19 only problem is that's not a straight. You 20 don't have anything in your hand; it was a bad 21 bet, you lose." That's what will happen with 22 casino gambling. 23 I vote no. 11785 1 THE PRESIDENT: Continue the roll 2 call, please. 3 THE SECRETARY: Senator Espada. 4 (There was no response.) 5 Senator Farley. 6 SENATOR FARLEY: Aye. 7 THE SECRETARY: Senator Galiber, 8 excused. 9 Senator Gold. 10 (There was no response.) 11 Senator Gonzalez. 12 (There was no response.) 13 Senator Goodman. 14 (There was no response.) 15 Senator Hannon. 16 SENATOR HANNON: Yes. 17 THE SECRETARY: Senator Hoblock. 18 SENATOR HOBLOCK: Yes. 19 THE SECRETARY: Senator Hoffmann. 20 SENATOR HOFFMANN: No. 21 THE SECRETARY: Senator Holland. 22 SENATOR HOLLAND: No. 23 THE SECRETARY: Senator Johnson. 11786 1 SENATOR JOHNSON: Aye. 2 THE SECRETARY: Senator Jones. 3 SENATOR JONES: No. 4 THE SECRETARY: Senator Kruger. 5 SENATOR KRUGER: No. 6 THE SECRETARY: Senator Kuhl. 7 SENATOR KUHL: Aye. 8 THE SECRETARY: Senator Lack. 9 SENATOR LACK: Aye. 10 THE SECRETARY: Senator Larkin. 11 SENATOR LARKIN: Aye. 12 THE SECRETARY: Senator LaValle. 13 SENATOR LAVALLE: Aye. 14 THE SECRETARY: Senator Leibell. 15 SENATOR LEIBELL: Aye. 16 THE SECRETARY: Senator Leichter. 17 SENATOR LEICHTER: Madam 18 President - 19 THE PRESIDENT: Senator Leichter. 20 SENATOR LEICHTER: -- to explain 21 my vote. I must say I was a little puzzled by 22 the logic of the Majority Leader's speech. He 23 says we're not voting on casino gambling. I 11787 1 take a look and I see it does say concurrent 2 resolution in relation to casino gambling. I 3 understand his argument that you have gambling 4 all around us and he would like to see whether 5 we ought to raise revenue through casino 6 gambling, but that's the issue. 7 First of all, you've got to 8 decide, is that a moral way for government to go 9 and to raise money? So you are voting on casino 10 gambling. 11 Secondly, even if you take the 12 position, "Well, I don't like casino gambling", 13 as I heard Senator Bruno say, but since it's all 14 around us, New York State may as well do it, 15 then it's still a question, is this the best way 16 of distributing casinos in New York State? And 17 also, do we have the controls in place that are 18 going to avoid the social problems and 19 dislocations that can occur and often have 20 occurred where you have casino gambling, and 21 there, I think the logic of Senator Connor was 22 irrefutable. 23 Why do it at this -- thank you, 11788 1 Madam President. Why do it at this moment in 2 this way without giving it the consideration 3 that it deserves? This is a very serious step 4 to take for the state of New York. We've gone, 5 I think our whole history and we have never had 6 legalized casino gambling. Are we now going to 7 give up that policy and proceed in this fashion 8 and in this way, and if that's what you're going 9 to do, then don't do it in this rush, hasty 10 manner, pasting together a bill in the usual 11 Albany fashion. That's a disservice to this 12 Legislature, but it's particularly a disservice 13 to the people of the state of New York, and 14 while it may give you a headline tomorrow, "New 15 York State moves to casino gambling", if you 16 proceed in this fashion, in this way, it will 17 inevitably be defeated by the voters of the 18 state of New York. 19 Madam President, I vote in the 20 negative. 21 THE PRESIDENT: Continue the roll 22 call. 23 THE SECRETARY: Senator Levy. 11789 1 SENATOR LEVY: Aye. 2 THE SECRETARY: Senator Libous. 3 (There was no response.) 4 Senator Maltese. 5 SENATOR MALTESE: Aye. 6 THE SECRETARY: Senator 7 Marcellino. 8 SENATOR MARCELLINO: Aye. 9 THE SECRETARY: Senator Marchi. 10 SENATOR MARCHI: Madam President. 11 THE PRESIDENT: Senator Marchi. 12 SENATOR MARCHI: I just want to 13 reinforce the point that I tried to make 14 earlier. The best way -- I can't think of a 15 better way of sensitizing 18 million people in 16 this state than by passage -- effecting first 17 passage of this bill. If we do that, they will 18 know that it is on the table and they can flay 19 it or they can say "Hooray", but they'll know 20 it's there and it's the only way we're going to 21 get this thing out in the sunshine and full 22 public comment and joinder. 23 I vote aye. 11790 1 THE PRESIDENT: Continue the roll 2 call, please. 3 THE SECRETARY: Senator 4 Markowitz. 5 SENATOR MARKOWITZ: No. 6 THE SECRETARY: Senator Maziarz. 7 (There was no response.) 8 Senator Mendez. 9 SENATOR MENDEZ: No. 10 THE SECRETARY: Senator 11 Montgomery. 12 (There was no response.) 13 Senator Nanula. 14 (There was no response.) 15 Senator Nozzolio. 16 SENATOR NOZZOLIO: Aye. 17 THE SECRETARY: Senator Onorato. 18 SENATOR ONORATO: No. 19 THE SECRETARY: Senator 20 Oppenheimer. 21 SENATOR OPPENHEIMER: No. 22 THE SECRETARY: Senator Padavan. 23 SENATOR PADAVAN: No. 11791 1 THE SECRETARY: Senator Paterson. 2 SENATOR PATERSON: No. 3 THE SECRETARY: Senator Present. 4 SENATOR PRESENT: Aye. 5 THE SECRETARY: Senator Rath. 6 SENATOR RATH: Aye. 7 THE SECRETARY: Senator Saland. 8 SENATOR SALAND: Aye. 9 THE SECRETARY: Senator Santiago. 10 SENATOR SANTIAGO: No. 11 THE SECRETARY: Senator Sears. 12 SENATOR SEARS: Aye. 13 THE SECRETARY: Senator Seward. 14 SENATOR SEWARD: Aye. 15 THE SECRETARY: Senator Skelos. 16 SENATOR SKELOS: Yes. 17 THE SECRETARY: Senator Smith. 18 SENATOR SMITH: No. 19 THE SECRETARY: Senator Solomon. 20 SENATOR SOLOMON: Yes, Mr. 21 President, to explain my vote. 22 THE PRESIDENT: Senator. 23 SENATOR SOLOMON: I had mentioned 11792 1 before some of the problems with this bill. I 2 think there's some other problems which people 3 really didn't look at. What's going to happen 4 to our lottery dollars; are they going to 5 decline? Is the money we give to education 6 going to decline? What's going to happen to 7 those bell jar games which I had heard about 8 that supposedly support our volunteer fire 9 departments? What's going to happen to some of 10 our churches and facilities that run these Las 11 Vegas nights? I suspect in all three categories 12 the income is going to decline. Yet, nowhere do 13 I see where this piece of legislation which 14 among -- besides lacking oversight says that 15 it's going to reimburse the volunteer fire 16 departments or the New York State budget for the 17 education fund losses to spend that money on 18 that education. That alone is reason enough to 19 vote no on this bill. 20 THE PRESIDENT: Continue the roll 21 call, please. 22 THE SECRETARY: Senator Spano. 23 SENATOR SPANO: Aye. 11793 1 THE SECRETARY: Senator 2 Stachowski. 3 SENATOR STACHOWSKI: No. 4 THE SECRETARY: Senator Stafford 5 voting in the affirmative earlier today. 6 Senator Stavisky. 7 SENATOR STAVISKY: No. 8 THE SECRETARY: Senator Trunzo. 9 SENATOR TRUNZO: Yes. 10 THE SECRETARY: Senator Tully. 11 SENATOR TULLY: Aye. 12 THE SECRETARY: Senator Velella. 13 SENATOR VELELLA: Yes. 14 THE SECRETARY: Senator Volker. 15 SENATOR VOLKER: Yes. 16 THE SECRETARY: Senator Waldon. 17 (There was no response.) 18 Senator Wright. 19 (There was no response.) 20 THE PRESIDENT: The Secretary 21 will call the absentees. 22 THE SECRETARY: Senator Babbush. 23 SENATOR BABBUSH: No. 11794 1 THE SECRETARY: Senator Espada. 2 (There was no response.) 3 Senator Gold. 4 (There was no response.) 5 Senator Gonzalez. 6 (There was no response.) 7 Senator Goodman. 8 (There was no response.) 9 Senator Libous. 10 SENATOR LIBOUS: Aye. 11 THE SECRETARY: Senator Maziarz. 12 SENATOR MAZIARZ: No. 13 THE SECRETARY: Senator 14 Montgomery. 15 (There was no response.) 16 Senator Nanula. 17 SENATOR NANULA: Explain my vote. 18 THE PRESIDENT: Senator Nanula. 19 SENATOR NANULA: Thank you, Madam 20 President, for your patience. To explain my 21 vote. 22 Obviously, this is a very 23 challenging issue for the people of this state. 11795 1 There have been a great deal of issues brought 2 out this evening, issues that I think are of 3 concern and certainly this bill, in my opinion 4 at least, has a great deal of room for 5 improvement. 6 Senator Padavan made a point in 7 regards to a concern over organized crime. I 8 think it's very important that we ensure that we 9 develop a regulatory mechanism in this state so 10 that if gambling comes in New York, it can be 11 implemented in such a fashion so that we can 12 avoid the potential of organized crime. 13 In addition to that, and 14 especially in regards to my district, 15 Buffalo-Niagara Falls, there was a real 16 ambiguity in regards to the selection process 17 for casino operation, the exact location, 18 whether it will be a county decision, a city 19 decision. I think that is something that is 20 going to have to be improved upon. 21 I introduced gambling legislation 22 this year that mandated and integrated 23 development of casinos with other types of 11796 1 family entertainment. We need to make sure as 2 Senator Abate is so concerned about that we do 3 not turn areas that are receiving casino gaming 4 into clones of Atlantic City. It is important 5 that the mission and the intent here, especially 6 in areas of Niagara Falls and Buffalo for the 7 tens of millions of people who visit our area 8 every year, the mission should be to extend the 9 stay and to get fuller utility out of all the 10 other great resources we have, not only in 11 western New York but in New York State. 12 I do have a great deal of 13 concerns about this bill. However, I am 14 compelled to support this bill, although I have 15 a great deal of respect for the issues presented 16 especially by my conference today, issues of the 17 process itself, issues of the gaping looseness 18 of this bill, because I'm committed to the 19 concept of bringing casino gambling to this 20 state, and I do feel that it is imperative for 21 us as a Legislature and as a state to work 22 together to tighten this legislation up so that 23 we can be responsible and so that we can get the 11797 1 greatest utility out of bringing gaming to New 2 York and developing the economic potential that 3 can exist from it. 4 So, in spite of the fact that I'm 5 very concerned about issues relative to this 6 bill and because I am very supportive of my 7 conference's position in regards to this bill, I 8 still reluctantly, Madam President, have to vote 9 in the affirmative. 10 THE PRESIDENT: Thank you. 11 Continue the absentee roll call. 12 THE SECRETARY: Senator Waldon. 13 (There was no response.) 14 Senator Wright. 15 SENATOR WRIGHT: Aye. 16 THE SECRETARY: Senator Gonzalez. 17 SENATOR GONZALEZ: Yes. 18 THE PRESIDENT: The results, 19 please. 20 THE SECRETARY: Ayes 34. 21 THE PRESIDENT: Senator Bruno, 22 excuse me. Yes? 23 SENATOR BRUNO: Close the roll 11798 1 and read the -- announce the results. 2 Thank you. 3 THE SECRETARY: Ayes 34, nays 21. 4 THE PRESIDENT: The resolution 5 for a constitutional amendment on casino 6 gambling is adopted. 7 Senator DeFrancisco. 8 SENATOR DeFRANCISCO: Madam 9 President, would you please call up Calendar - 10 could you please call up Calendar 1575. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 1575, by Senator Sears, Senate Print 5548-A, an 15 act to amend the Personal Property Law and 16 others, in relation to repeal of Title 5 of 17 Article VII. 18 THE PRESIDENT: Read the last 19 section. 20 SENATOR DeFRANCISCO: Madam 21 President, is there a message at the desk? 22 THE PRESIDENT: Yes, there is a 23 message at the desk. 11799 1 SENATOR DeFRANCISCO: I move that 2 we accept the message. 3 THE PRESIDENT: All those in 4 favor of accepting the message signify by saying 5 aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The message is accepted. 10 Read the last section, please. 11 THE SECRETARY: Section 14. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll, 14 please. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes - 17 SENATOR PADAVAN: Madam 18 President, what bill are we voting on? 19 THE PRESIDENT: Calendar 1575, 20 Senator. 21 SENATOR PADAVAN: What calendar 22 is that? 23 THE PRESIDENT: Supplemental 11800 1 Number 1. 2 SENATOR PADAVAN: Good bill. 3 THE SECRETARY: Ayes 57. 4 THE PRESIDENT: The bill is 5 passed. 6 SENATOR DeFRANCISCO: Madam 7 President, would you please call up Calendar 8 1267. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 1267, by Senator Marchi, Senate Print 3873-B, an 13 act to amend the Real Property Law, in relation 14 to establishing a New York State Real Estate 15 Board. 16 SENATOR LEICHTER: Madam 17 President -- Madam President. 18 THE PRESIDENT: Supplemental 19 Number 1. 20 Senator Leichter. 21 SENATOR LEICHTER: No. I was 22 just going to suggest when we call up these 23 bills, since we're working off three calendars, 11801 1 would you ask the Clerk, please, to tell which 2 calendar it's on. 3 THE PRESIDENT: I certainly 4 will. 5 SENATOR LEICHTER: Is this 6 Supplemental Calendar Number 1? 7 THE PRESIDENT: Yes. 8 SENATOR DeFRANCISCO: Madam 9 President, is there a message at the desk on 10 Calendar 1267? 11 THE PRESIDENT: Yes, Senator. 12 SENATOR DeFRANCISCO: I move to 13 accept the message. 14 THE PRESIDENT: All those in 15 favor of accepting the message signify by saying 16 aye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 The message is accepted. 21 Read the last section, please. 22 SENATOR PATERSON: Explanation. 23 THE PRESIDENT: Oh, an 11802 1 explanation. 2 Senator Marchi. 3 SENATOR MARCHI: Thank you, Madam 4 President. 5 The purpose of this bill is to 6 create a mechanism to provide stronger consumer 7 and industry input into the regulatory processes 8 for licensed real estate licensees and agents. 9 The salient sections, Section 442 10 (k) includes powers including -- to include the 11 promulgation -- this is the creation of a real 12 estate board within the Department of State. 13 The board consisting of a Secretary of State who 14 shall serve as the chairperson of this board, 15 the executive director of the Consumer 16 Protection Board and thirteen additional 17 members, seven of the thirteen remaining 18 appointments shall be -- appointments shall be 19 appointed by the Governor and the Senate 20 Majority leader and the Assembly Speaker shall 21 each appoint two members, one of whom must be a 22 real estate broker and one each by the Senate 23 and Assembly Minority Leaders. They can be 11803 1 either a broker or a non-broker. A minimum of 2 five but no more than seven of the fifteen 3 members shall be real estate licensees. 4 The powers that are granted to 5 this board which -- which, for the first time, 6 really instead of having a nominal role will 7 have a role to promulgate regulations, excepting 8 those regulations dealing with the duties and 9 responsibilities of real estate brokers and 10 sales persons with regards to the handling of 11 client funds and the amount of continuing 12 education required. 13 In addition to this, the -- an 14 independent authority over non-solicitation 15 orders and cease and desist list, the Secretary 16 of State shall retain full powers of the 17 administration and enforcement of real estate 18 license law. 19 ACTING PRESIDENT KUHL: Excuse 20 me, Senator Marchi. 21 Senator Paterson, why do you 22 rise? 23 SENATOR PATERSON: Very quickly, 11804 1 Mr. President, if Senator Marchi would yield 2 just one quick second. The authority, instead 3 of having a nominal role under the amendment, it 4 will now promulgate some of the rules and 5 regulations? 6 SENATOR MARCHI: Except for those 7 exceptions that I mentioned. 8 SENATOR PATERSON: I see. 9 SENATOR MARCHI: The -- regarding 10 the non-solicitation orders and cease and 11 desist. 12 SENATOR PATERSON: That was 13 really the only thing. Everything else about 14 this bill is fine, Senator. That was the only 15 thing I wanted to clear up. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 Senator Padavan. 19 SENATOR PADAVAN: Senator Marchi, 20 very briefly, are you -- do you know of any 21 other state agencies, the State Banking Board or 22 any state agency that has an advisory board from 23 the industry where that advisory board 11805 1 promulgates rules and regulations? 2 SENATOR MARCHI: This is the only 3 state in the Union, Mr. President, that -- where 4 the voice of the people affected is so 5 minuscule. It is -- there is room here now. It 6 provides for public hearings for -- around the 7 state, at least three public hearings for -- for 8 a role, a participatory role, but in the 9 critical areas, there is still a retention by - 10 it is not quite as broad as it is in other 11 states. 12 SENATOR PADAVAN: Senator, I'm 13 talking about -- Mr. President, if the Senator 14 would yield. 15 ACTING PRESIDENT KUHL: Senator 16 Marchi, do you yield? The Senator yields. 17 SENATOR PADAVAN: Senator, what 18 I'm asking you is whether or not there are any 19 other state agencies in New York where industry 20 advisory boards have the authority to generate 21 rules and regulations which, as I read the bill, 22 correct me if I'm wrong, cannot be overruled by 23 the commissioner. They can be operative. To my 11806 1 knowledge, again, I stand corrected if it's 2 appropriate, there is no other agency where we 3 allow this, and I don't understand why in this 4 particular case we are. 5 SENATOR MARCHI: The majority of 6 the appointments are made by the Governor. 7 They're not -- they're not the majority of the 8 board members, so that I -- I think that this is 9 an adequately safeguarded bill, but it does 10 provide for an avenue of real input, a 11 participatory role which presently does not 12 exist, is a very fatuous, non-existent board 13 that exists now. 14 SENATOR PADAVAN: Mr. President, 15 briefly on the bill, if I may. 16 ACTING PRESIDENT KUHL: Senator 17 Padavan on the bill. 18 SENATOR PADAVAN: I have 19 absolutely no problem whatsoever with any state 20 entity, in this case, the Secretary of State's 21 Office that has at its disposal a group of 22 individuals who can provide advice and input and 23 guidance in a meaningful, positive way, but at 11807 1 the same time, the authority of that agency, 2 like any agency should rest with the person who 3 is appointed by the Governor, confirmed by the 4 Senate to run that agency. In this case, the 5 Secretary of State. 6 To diminish that chief executive 7 and that agency's authority by giving to an 8 advisory group rulemaking authority which become 9 operative, meaning that the head of the agency, 10 in this case, the Secretary of State cannot 11 overrule them, means that, in effect, there are 12 people now being put in place, not confirmed by 13 the Senate, appointed by the Governor, and so 14 on, who will now be developing a framework with 15 the exceptions of non-solicitation orders that 16 you pointed out, something which we have been 17 involved with for a number of years. 18 I find that not only unwise but 19 inconsistent for what I think is appropriate 20 when we deal with state agencies who have a 21 statutory authority and where we generate laws 22 that they are to implement and we oversight 23 their actions with regard to rules and 11808 1 regulations through various committees, and so 2 on. 3 This is a major exception to that 4 and so, Mr. President, I will have to oppose 5 this bill. 6 ACTING PRESIDENT KUHL: Read the 7 last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the first day of 10 January. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT KUHL: Announce 15 the results when tabulated. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar 1267 are Senators 18 Hoffmann, Leichter, Maltese, Onorato, Padavan 19 and Stavisky. Ayes 51, nays 6. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 ACTING PRESIDENT KUHL: Senator 23 DeFrancisco. 11809 1 SENATOR DeFRANCISCO: Would you 2 please call up Calendar 1404. 3 ACTING PRESIDENT KUHL: We'll 4 return to the first calendar of the day, 5 Calendar Number 69, the regular calendar. I'll 6 ask the Secretary to read the title to Calendar 7 Number 1404, by Senator DeFrancisco, Senate 8 Print 4225-C. 9 THE SECRETARY: Calendar Number 10 1404, by Senator DeFrancisco, Senate Print 11 4225-C, an act to amend the County Law, the 12 General Municipal Law and the Education Law, in 13 relation to appointment as private college 14 campus security officers. 15 ACTING PRESIDENT KUHL: Senator 16 DeFrancisco. 17 SENATOR DeFRANCISCO: Mr. 18 President, is there a message at the desk? 19 ACTING PRESIDENT KUHL: There is. 20 SENATOR DeFRANCISCO: Move to 21 accept the message. 22 ACTING PRESIDENT KUHL: The 23 motion is to accept the message of necessity on 11810 1 Calendar Number 1404. All those in favor 2 signify by saying aye. 3 (Response of "Aye".) 4 Opposed, nay. 5 (There was no response.) 6 The message is adopted. 7 SENATOR STAVISKY: Explanation. 8 ACTING PRESIDENT KUHL: Senator 9 DeFrancisco, an explanation of Calendar Number 10 1404 has been asked for by Senator Stavisky. 11 SENATOR DeFRANCISCO: Thank you. 12 This -- this bill, we dealt with 13 about a couple of weeks ago and it passed 56 to 14 3 and basically what it does is it provides the 15 authority for the counties or the cities, 16 depending upon where the private university is 17 located, to confer upon the sheriff the 18 authority to appoint special campus security 19 officers who have -- who are paid for by the 20 university and provided with certain increased 21 powers that they didn't have before. There is 22 -- they are allowed to carry a baton under this 23 bill and also to carry mace as -- in order to 11811 1 help them enforce the laws on university 2 campuses. 3 The bill went to the Assembly and 4 there were objections from the Police Conference 5 of New York and the bill was amended and that's 6 why it came back here, and the first amendment 7 was that there was a requirement for permission 8 in the bill to allow the campus security 9 officers to have emergency type vehicles with 10 red lights and sirens. That was objectionable 11 to the Police Conference. That was eliminated. 12 In addition, there was 13 indemnification of the sheriff's departments 14 under the prior bill, but they wanted the clause 15 included that the indemnification also includes 16 the defense, if there's a lawsuit, the cost of a 17 defense. 18 There was also a -- a requirement 19 that the Police Conference of the state of New 20 York wanted to be put in that they wanted the 21 campus security officers or the sheriffs to be 22 able to provide written procedures that would 23 govern the campus security officers' conduct and 11812 1 these written procedures would be established by 2 the sheriffs, and lastly, there was a concern on 3 behalf of the Police Conference that there might 4 be some conflict between the jurisdictions, so 5 there was a clause added that the -- these 6 officers, these campus security officers shall 7 not interfere with any ongoing criminal 8 investigation conducted by any police officer. 9 So with those four changes, it 10 was sent back to the Senate. It's an agreed 11 upon bill and the main thrust is to give 12 universities the opportunity to have security 13 officers providing a legitimate law enforcement 14 capability on the campuses to avoid violence 15 that, unfortunately, occurs all too often on our 16 college campuses. 17 ACTING PRESIDENT KUHL: Senator 18 Stavisky. 19 SENATOR STAVISKY: Would the 20 sponsor yield - 21 SENATOR DeFRANCISCO: Yes. 22 SENATOR STAVISKY: -- for a 23 question or two? 11813 1 ACTING PRESIDENT KUHL: The 2 sponsor yields. 3 SENATOR STAVISKY: This applies 4 only to the independent colleges, is that 5 correct? 6 SENATOR DeFRANCISCO: That's 7 correct. 8 SENATOR STAVISKY: Did the -- did 9 CICU which represents the independent colleges 10 and universities file a memo for or against this 11 bill? 12 SENATOR DeFRANCISCO: You know, I 13 don't believe they did. I don't believe they 14 filed either way. 15 SENATOR STAVISKY: Well, it seems 16 to me that if you're establishing procedures, 17 security or otherwise, for independent colleges 18 and universities, either the body representing 19 the governing board, the trustees of the 20 independent colleges or the body representing 21 the administrative officials of these 22 institutions should be consulted, and I find it 23 very strange that there's no message for or 11814 1 against this from anyone other than the public 2 security institutions. Why would you not wish 3 to have consultation with the independent 4 colleges and universities for whom this 5 legislation is presumably fashioned? 6 SENATOR DeFRANCISCO: Well, first 7 of all, the bill was introduced on April 17th, 8 and I assume -- the two independent colleges 9 that I have been working with are RPI and 10 Syracuse University, and I'm sure that the other 11 independent colleges had ample opportunity to 12 learn about this bill and provide any negative 13 input if they chose to. 14 Secondly, and more importantly, 15 the independent university has to make a request 16 to the local municipality, in this case, it 17 would be Onondaga County or Syracuse University 18 or the common council, I'm not sure which one, 19 they have to authorize this, the sheriff to 20 appoint these special security officers, so if 21 the independent college that has not requested 22 this particular action doesn't think that this 23 is a good idea, they will not have to request 11815 1 that special legislation from the municipality 2 to grant the sheriff the authority to do this. 3 SENATOR STAVISKY: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Stavisky. 6 SENATOR STAVISKY: As someone who 7 has dealt over the years with educational 8 institutions, both in the Assembly and in the 9 Senate, I find that in most instances, the 10 institutions and agencies and organizations that 11 represent these educational bodies are consulted 12 and are asked to file a memo in support or 13 opposition. 14 I find this to be a strange 15 situation. It may be the laxity of CICU. It 16 may be your laxity in not seeking out CICU, but 17 whatever the purpose, whatever the reason, I 18 think it would be very desirable if, in the 19 future, the principal organizations representing 20 institutions for whom we are fashioning 21 legislation would be advised, not simply to at 22 random -- and by the way, the educational bodies 23 of this state continue well after April 17th. 11816 1 They were probably so concerned about the 2 hemorrhaging of state support for higher 3 education that they considered this to be a 4 lesser priority, but I would have felt more 5 comfortable knowing that they were consulted, 6 because what we did to many of these 7 institutions was not very positive towards the 8 future of higher education. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Saland. 11 SENATOR SALAND: Thank you, Mr. 12 President. 13 Mr. President, I would like to 14 commend Senator DeFrancisco for bringing this 15 bill before us. Having briefly served as the 16 chair of the Senate Majority Task Force on 17 Campus Security, I think he has very mindfully 18 addressed a number of concerns of colleges and a 19 number of concerns of security personnel. 20 I, however, have a couple of 21 questions that I would like to ask the Senator 22 if he would be willing to yield. 23 ACTING PRESIDENT KUHL: Senator 11817 1 DeFrancisco, do you yield? 2 SENATOR DeFRANCISCO: Yes, I do. 3 ACTING PRESIDENT KUHL: The 4 Senator yields. 5 SENATOR SALAND: Senator 6 DeFrancisco, I would -- in reviewing the bill, 7 the question that comes to mind is the extent to 8 which the authority to make the appointments of 9 the security officers is totally within the 10 discretion of the local government, be it the 11 county or the city and in turn, what authority 12 does that give to either the chief of police or 13 the county sheriff as the case may be? 14 SENATOR DeFRANCISCO: The 15 municipality would have to approve this 16 authorization and, secondly, as far as the 17 authority, then the sheriff, according to that 18 authorization, has several things they do. They 19 can provide the regulations under which these 20 campus security officers would operate. They 21 also have the opportunity to make certain that 22 the proper training takes place as well, and if 23 we were in a perfect world where we had enough 11818 1 money to spend for all municipal police 2 officers, we could do that, but the campuses now 3 have security officers. This just gives them a 4 little bit more authority but under the watchful 5 eye of the county legislature and the sheriff of 6 the county. 7 SENATOR SALAND: Assumedly, if a 8 university -- an independent university was 9 interested in having their security personnel 10 take advantage of this particular legislation, 11 they would in effect have to petition either the 12 county or the city, depending upon where they 13 were located, and there is nothing in this bill 14 that would require either the county or the city 15 to respond favorably, purely an act within the 16 discretion of that body of government. 17 SENATOR DeFRANCISCO: That's 18 correct. It's in that enabling legislation. 19 SENATOR SALAND: Thank you. 20 One other question, Senator. I 21 believe you've made provision in this bill for 22 indemnification -- indemnification of a sheriff 23 or a county or a police chief or a city as - 11819 1 again, as the case may be, for any of the acts 2 of the security personnel. 3 SENATOR DeFRANCISCO: Including 4 the cost of a defense. 5 SENATOR SALAND: Could you just 6 point out the paragraph that that's in, if you 7 might? 8 SENATOR DeFRANCISCO: Page 4, 9 paragraph -- subparagraph (f), 5 (f). 10 SENATOR SALAND: That's lines 33 11 through 42? 12 SENATOR DeFRANCISCO: That's 13 correct. 14 SENATOR SALAND: Thank you, 15 Senator. 16 SENATOR DeFRANCISCO: If I 17 might. You know, fortunately, I have a great 18 staff. They just handed to me something that I 19 should have known. On May 30th, the Coalition 20 of Independent Colleges and Universities on 21 behalf of 112 independent colleges and 22 universities urged support of this legislation. 23 I should have known that. I apologize. 11820 1 SENATOR STAVISKY: Thank you. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 SENATOR LEICHTER: Mr. President, 5 just - 6 ACTING PRESIDENT KUHL: Explain 7 your vote? 8 SENATOR LEICHTER: Well, just 9 very briefly on the bill. 10 ACTING PRESIDENT KUHL: Senator 11 Leichter. 12 SENATOR LEICHTER: I am concerned 13 that we are creating -- creating sort of a sub 14 police class here because what Senator 15 DeFrancisco's bill does is to give these 16 university or college security guards who are, 17 after all, private guards powers that are 18 possessed only by police departments, and while 19 it provides for some training, it certainly is 20 far less than the training that police officers 21 get. 22 Now, these are entitled to make 23 warrantless arrests. They can arrest people for 11821 1 crimes that were not committed in their 2 presence. They can use physical force. They 3 can carry and utilize a police baton and nocuous 4 materials, and I think it may be for that reason 5 that the New York State Sheriff's Association, I 6 believe that's still true for the "B" print, 7 Senator DeFrancisco, in fact, with a "C" print, 8 they state that they're adamantly opposed to 9 this bill. 10 I think it's unwise, really, 11 Senator, to give these powers to private 12 security guards. They're not under the control 13 and jurisdiction of police officials. While the 14 sheriff may appoint him, he doesn't control him 15 then and they do have powers that we've never 16 given except to police officers. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 11822 1 ACTING PRESIDENT KUHL: Will the 2 negatives please raise their hand. Announce the 3 results when tabulated. 4 SENATOR HOFFMANN: Could I have 5 my name called, Mr. President? 6 ACTING PRESIDENT KUHL: Senator 7 Hoffmann to explain her vote. 8 SENATOR HOFFMANN: Thank you. 9 I'm somewhat troubled at being in 10 the position of having to get information last 11 minute on the floor and I can sympathize with 12 Senator DeFrancisco having information handed to 13 him by staff. This is unfortunately all too 14 often the way we seem to do business here. 15 This is a very important matter 16 to many of my constituents. I happen to be the 17 Senator who represents Syracuse University and I 18 have had conversations with the chancellor in 19 years past and have been approached to support a 20 much stronger measure, frankly, one that I 21 thought went way beyond the purview of security 22 officers on universities, and I believe that we 23 were on track with a much more reasonable -- and 11823 1 as I listened to Senator DeFrancisco's 2 thoughtful explanation -- more acceptable 3 measure, and I am dismayed to discover that at 4 this late hour there is a memorandum from the 5 New York State Sheriff's Association apparently 6 not available to all of us, but the sheriffs are 7 adamantly opposed to this measure. Much as I 8 would like to assist Syracuse University and as 9 much as I am willing to support increased police 10 powers to a reasonable extent for security 11 officers on that campus, I certainly can't 12 support something that still is adamantly 13 opposed by the Sheriff's Association, so I would 14 request to be recorded in the negative. 15 ACTING PRESIDENT KUHL: Senator 16 Hoffmann will be recorded in the negative. 17 Senator DeFrancisco to explain 18 his vote. 19 SENATOR DeFRANCISCO: May I 20 explain my vote? 21 ACTING PRESIDENT KUHL: Explain 22 his vote. 23 SENATOR DeFRANCISCO: You know, 11824 1 I'm really confused. I have heard this litany 2 from Senator Hoffmann time and time again about 3 the lateness of the hour and things being handed 4 to her and not understanding or not realizing 5 that this happened or that happened and not 6 having time to study and being surprised at the 7 last minute and - 8 SENATOR HOFFMANN: Will Senator 9 DeFrancisco yield for a question? 10 ACTING PRESIDENT KUHL: Senator 11 Hoffmann, you're out of order. We're on a roll 12 call. The Senator asked for his right to 13 explain his vote. He has two minutes. You are 14 out of order. Please sit down. 15 Senator DeFrancisco to continue. 16 SENATOR DeFRANCISCO: This memo 17 from the sheriff's conference or whatever was 18 available to every colleague that I know about, 19 and if they didn't get the letter from the 20 sheriff's council or whatever organization it 21 is, then it's not the sponsor's fault nor any 22 other member's, and I know I discussed this with 23 some of the other Senators. 11825 1 The point of the matter is the 2 sheriffs have full control over this particular 3 appointment. They can go to their county 4 legislature and say they don't want it. They 5 can lobby their county legislature. They can 6 set the rules. The sheriffs have a lot of 7 control, but to suggest that someone slipped at 8 the last moment and took off her desk a memo is 9 ridiculous. 10 I vote aye. 11 ACTING PRESIDENT KUHL: Senator 12 DeFrancisco will be recorded in the affirmative. 13 Senator Hoffmann, why do you 14 rise? 15 SENATOR HOFFMANN: Point of 16 personal privilege, Mr. President. At no point 17 did I suggest that something had been slipped 18 off my desk. 19 ACTING PRESIDENT KUHL: Announce 20 the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar 1404 are Senators 23 Abate, Connor, Hoffmann, Holland, Kruger, Kuhl, 11826 1 LaValle, Leibell, Leichter, Marcellino, Nanula, 2 Nozzolio, Onorato, Paterson, Present, Rath, 3 Sears, Stachowski, Stavisky, Volker and Wright. 4 Ayes 36 -- also, Senator Dollinger. Also, 5 Senator Jones. Ayes 34, nays 23. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: Please call 10 up Calendar 1522. 11 ACTING PRESIDENT KUHL: We're on 12 the regular calendar. 13 SENATOR DeFRANCISCO: Regular 14 Calendar Number 69. 15 ACTING PRESIDENT KUHL: Regular 16 calendar, first calendar of the day. The 17 Secretary will read the title to Calendar Number 18 1522. 19 THE SECRETARY: On page 8, 20 Calendar Number 1522, by Senator Lack, Senate 21 Print 5378-A, an act to amend the State Finance 22 Law, in relation to the WorkFare program for 23 court facilities. 11827 1 ACTING PRESIDENT KUHL: Senator 2 DeFrancisco. 3 SENATOR DeFRANCISCO: Is there a 4 message at the desk? 5 ACTING PRESIDENT KUHL: There is. 6 SENATOR DeFRANCISCO: I would 7 move that you accept -- that we accept the 8 message. 9 ACTING PRESIDENT KUHL: The 10 motion is to accept the message of necessity on 11 Calendar Number 1522. All those in favor 12 signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The message is accepted. 17 The Secretary will read the last 18 section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 11828 1 THE SECRETARY: Ayes 57. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator DeFrancisco. 5 SENATOR DeFRANCISCO: There will 6 be an immediate meeting of the Rules Committee 7 in Room 332 of the Capitol. 8 ACTING PRESIDENT KUHL: There 9 will be an immediate meeting of the Rules 10 Committee -- an immediate meeting of the Rules 11 Committee in the Majority Conference Room, Room 12 332. Immediate meeting of the Rules Committee, 13 Majority Conference Room, Room 332. 14 Senator DeFrancisco. 15 SENATOR DeFRANCISCO: Please call 16 up Calendar 1531 from the original calendar, 17 Calendar Number 69. 18 ACTING PRESIDENT KUHL: On the 19 regular calendar, Calendar Number 69, the first 20 calendar of the day, the Secretary will read the 21 title to Calendar Number 1531, page 9. 22 THE SECRETARY: On page 9, 23 Calendar Number 1531, by Member of the Assembly 11829 1 Bragman, Assembly Print 2070-C, an act 2 authorizing the establishment of the Northern 3 Onondaga Public Library District. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 57. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 SENATOR DeFRANCISCO: Would you 15 please call up Calendar 1558. 16 ACTING PRESIDENT KUHL: Please 17 turn now to Supplemental Calendar Number 1 - 18 Supplemental Calendar Number 1, page 4. Ask the 19 Secretary to read the title to Calendar Number 20 1558, by Senator LaValle, Senate Print 5428-A. 21 THE SECRETARY: Calendar Number 22 1558, by Senator LaValle, Senate Print 5428-B, 23 an act to amend the Education Law, in relation 11830 1 to establishing a statewide voting day for 2 school districts. 3 ACTING PRESIDENT KUHL: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: Would you 6 temporarily lay that bill aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside temporarily. 9 SENATOR DeFRANCISCO: Mr. 10 President. 11 ACTING PRESIDENT KUHL: Senator 12 DeFrancisco. 13 SENATOR DeFRANCISCO: Would you 14 please go to Supplemental Calendar Number 2 and 15 read the non-controversial calendar. 16 ACTING PRESIDENT KUHL: We'll go 17 to Supplemental Calendar Number 2 which is on 18 all the members' desks. Ask the Secretary to 19 read the non-controversial calendar. 20 THE SECRETARY: Senator Lack 21 moves to discharge from the Committee on Rules, 22 Assembly Bill Number 6265-A and substitute it 23 for the identical Calendar Number 887. 11831 1 ACTING PRESIDENT KUHL: The 2 substitution is ordered. 3 THE SECRETARY: Calendar Number 4 887, by Member of the Assembly Weinstein, 5 Assembly Print 6265-A, an act to amend the State 6 Finance Law, in relation to court facilities. 7 ACTING PRESIDENT KUHL: Senator 8 Larkin, there's a message of necessity at the 9 desk. 10 SENATOR LARKIN: Accept the 11 message. 12 ACTING PRESIDENT KUHL: The 13 motion is to accept the message on Calendar 14 Number 887. All those in favor signify by 15 saying aye. 16 (Response of "Aye".) 17 Opposed, nay. 18 (There was no response.) 19 The message is adopted. 20 The Secretary will read the last 21 section. 22 THE SECRETARY: Section 4. This 23 act shall take effect immediately. 11832 1 SENATOR DOLLINGER: Mr. 2 President. 3 ACTING PRESIDENT KUHL: Yes, 4 Senator Dollinger. 5 SENATOR DOLLINGER: Would someone 6 just answer one question about this matter? 7 ACTING PRESIDENT KUHL: Senator 8 Lack, do you yield for a question from Senator 9 Dollinger? 10 SENATOR DOLLINGER: It's an 11 obvious question from somebody from Monroe 12 County. What's the effect on Monroe County 13 which has the Appellate Division? This deals 14 with the Appellate Divisions and the support 15 from county. Just tell me what the effect is in 16 Monroe County. 17 SENATOR LACK: The effect on 18 Monroe County, Senator, is that this will now 19 become a state cost, rather than a county cost 20 which it has been for over 100 years reflecting 21 the difference from last century when counties 22 used to bid for who would get an Appellate 23 Division because of the revenue that was brought 11833 1 into the county. 2 Since our modes of transportation 3 and our methods of communication have changed in 4 the last hundred years, it's no longer a 5 financial incentive to have an Appellate 6 Department. It's a financial disincentive. 7 If I can, since the -- there was 8 debate, Mr. President, on this bill, if that 9 answered you question. Mr. President, if I can 10 just spend a minute to say why this bill is here 11 in this form. 12 This bill in the past -- this 13 bill in the past, Mr. President, has been linked 14 to a constitutional amendment to the 15 establishment of the Fifth Department. I have 16 chosen to unlink it, quite frankly, at the 17 request of the presiding Justice Delores Denman 18 of the Fourth Department who contacted me a 19 couple of weeks ago saying that she is -- has 20 the possibility of being able to move the Fourth 21 Department to a more advantageous location than 22 the part of the building that it currently 23 occupies, and in order to do so would request 11834 1 that the state takeover of the Appellate 2 Division facilities go forward unhindered to the 3 constitutional amendment for the Fifth 4 Department. 5 She told me at the time -- and 6 there's no reason why I can't repeat it now - 7 she hesitantly supports the Fifth Department as 8 do all my colleagues in this chamber who have 9 voted for it on at least two occasions over the 10 last two years. 11 I thank you for that support. I 12 have unhinged the bills as they were between the 13 constitutional resolution and this bill for 14 Appellate Division takeover. It is done so that 15 the Fourth Department can proceed not being tied 16 to something that has not happened. I don't 17 mind doing that. It doesn't change in one iota 18 any wavering of my support for the establishment 19 of the Fifth Department, and I certainly hope 20 that the Assembly would join the Senate which 21 has twice now passed the constitutional 22 resolution to establish that department and for 23 which I will turn my efforts completely in our 11835 1 next session. 2 SENATOR DOLLINGER: Mr. 3 President, just one other question, of Senator 4 Lack. 5 ACTING PRESIDENT KUHL: Senator 6 Lack, do you continue to yield? 7 SENATOR DOLLINGER: I'm trying to 8 get at, the discussion with Justice Denman 9 involved moving the Fourth Department inside the 10 city of Rochester, is that correct? 11 SENATOR LACK: Mr. President, to 12 my knowledge, presiding Justice Denman is not 13 attempting to move the Fourth Department outside 14 of Monroe County or the city of Rochester but 15 within and is looking at a site that she can 16 move it to. 17 SENATOR DOLLINGER: Just can for 18 that assurance. 19 Mr. President, I support this 20 bill. I think it does a good thing. It does 21 also unlink the state's obligation for the 22 Fourth Department from the county's obligation 23 for facilities for the Fourth Department which I 11836 1 think has a good uncoupling, although as Senator 2 Lack points out, it's centuries old in the sense 3 of how it came about. 4 I would just reiterate for the 5 sponsor of this, my thanks for Monroe County and 6 my continued support, even though it's a long 7 ways away from Monroe County for the creation of 8 a fifth judicial department. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 57. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 The Secretary will continue to 20 call the non- -- I underline the word 21 non-controversial calendar. 22 SENATOR LIBOUS: Mr. President. 23 Mr. President. 11837 1 ACTING PRESIDENT KUHL: Senator 2 Libous, why do you rise? 3 SENATOR LIBOUS: Mr. President, 4 could I have unanimous consideration to be 5 recorded in the negative on Calendar Number 6 1404? 7 ACTING PRESIDENT KUHL: Without 8 objection. 9 SENATOR LIBOUS: Thank you. 10 ACTING PRESIDENT KUHL: Hearing 11 no objection, Senator Libous will be recorded in 12 the negative on Calendar Number 1404. 13 The Secretary will continue to 14 call the non-controversial calendar. 15 THE SECRETARY: Calendar Number 16 1032, by Senator Stafford, Senate Print 4217-B, 17 an act authorizing the town of Dannemora, 18 Clinton County to discontinue use as parklands. 19 ACTING PRESIDENT KUHL: There's a 20 home rule message at the desk. The Secretary 21 will read the last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect immediately. 11838 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 57. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Senator Padavan 8 moves to discharge from the Committee on 9 Tourism, Assembly Bill Number 4595 and 10 substitute it for the identical Calendar Number 11 1543. 12 ACTING PRESIDENT KUHL: The 13 substitution is ordered. 14 THE SECRETARY: Calendar Number 15 1543, by Member Assembly Weprin, Assembly Print 16 Number 4595, an act to amend the Navigation Law, 17 in relation to wearing life preservers on 18 certain vessels. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 THE SECRETARY: Senator Maltese 22 moves to discharge from the Committee on Rules, 23 Assembly Bill Number 5818 and substitute it for 11839 1 the identical Calendar Number 1547. 2 ACTING PRESIDENT KUHL: The 3 substitution is ordered. 4 THE SECRETARY: Calendar Number 5 1547, by Member of the Assembly Feldman, 6 Assembly Print 5818, an act to amend the 7 Executive Law, in relation to eligibility. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 57. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Senator DiCarlo 19 moves to discharge from the Committee on Rules, 20 Assembly Bill Number 4682-A and substitute it 21 for the identical Calendar Number 1577. 22 ACTING PRESIDENT KUHL: The 23 substitution is ordered. 11840 1 THE SECRETARY: Calendar Number 2 1577, by Member of the Assembly Abbate, Assembly 3 Print 4682-A, an act to amend the General 4 Business Law, in relation to franchises for the 5 sale of motor fuels. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 57. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1578, by Senator Galiber, Senate Print 4915, an 18 act authorizing the city of New York to reconvey 19 its interest in certain real property acquired 20 by in rem tax foreclosure in the borough of 21 Bronx. 22 ACTING PRESIDENT KUHL: There's a 23 home rule message at the desk. The Secretary 11841 1 will read the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 57. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1579, by Senator Saland, Senate Print 5407, an 12 act to amend the Public Authorities Law, in 13 relation to dormitories. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 57. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 11842 1 THE SECRETARY: Calendar Number 2 1580, by Senator Holland, Senate Print 5422, an 3 act to authorize the issuance of bonds by the 4 town of Orangetown in the county of Rockland. 5 ACTING PRESIDENT KUHL: There's a 6 home rule message at the desk. The Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 57. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1581, by Senator DeFrancisco, Senate Print 18 5459-A, an act to - 19 SENATOR LARKIN: Lay it aside. 20 ACTING PRESIDENT KUHL: The bill 21 is high. Lay the bill aside. 22 THE SECRETARY: Calendar Number 23 1582, by Senator Marchi, Senate Print 5460, an 11843 1 act to amend the Limited Liability Company Law, 2 the Partnership Law and the Arts and Cultural 3 Affairs Law. 4 SENATOR LARKIN: Lay it aside. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 1583, by Senator Volker, Senate Print 5495, an 9 act to authorize the Office of General Services 10 to sell, transfer and convey certain real 11 property. 12 ACTING PRESIDENT KUHL: There's a 13 home rule message at the desk. The Secretary 14 will read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 57. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 11844 1 1584, by Senator Hoblock, Senate Print 5511, an 2 act to authorize Charles C. Mackey, Jr. to 3 transfer a membership from the New York State 4 and Local Employees Retirement System. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 57. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1585, by Senator Hoblock, Senate Print 5512, an 17 act to authorize health insurance coverage for 18 retiree John Watkins. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 11845 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 57. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1586, by Senator Waldon, Senate Print 5535, an 8 act to amend Section 1 of a Chapter of the Laws 9 of 1995 as proposed in legislative bill numbers 10 S.4651 and A.7494. 11 ACTING PRESIDENT KUHL: There's a 12 home rule message at the desk. The Secretary 13 will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 57. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1587, by Senator Nozzolio, Senate Print 5552 - 11846 1 ACTING PRESIDENT KUHL: The bill 2 is high. Lay the bill aside. 3 THE SECRETARY: Calendar Number 4 1588, by the Assembly Committee on Rules, 5 Assembly Print 8002, an act to amend the 6 Education Law and the Public Health Law, in 7 relation to the establishment of and maintenance 8 of current medical records. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 57. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 ACTING PRESIDENT KUHL: Announce 20 the results to the vote on Calendar Number 1588. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar 1588 are Senators 23 DiCarlo, Holland, Maltese and Onorato. Ayes 53, 11847 1 nays 4. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator Larkin, Calendar Number 5 1589 was passed earlier. That completes the 6 non-controversial calling of Senate Supplemental 7 Calendar Number 2. 8 SENATOR PADAVAN: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Padavan, why do you rise? 11 SENATOR PADAVAN: May I be 12 recorded in the negative, I think on Calendar 13 Number 1588. 14 ACTING PRESIDENT KUHL: Without 15 objection. 16 SENATOR PADAVAN: The last one 17 that passed. 18 ACTING PRESIDENT KUHL: Hearing 19 no objection, Senator Padavan will be recorded 20 in the negative on Calendar Number 1588. 21 Senator Libous. 22 SENATOR LIBOUS: Mr. President, 23 can I also without objection be recorded in the 11848 1 negative on 1588. 2 ACTING PRESIDENT KUHL: Without 3 objection, Senator Libous will be recorded in 4 the negative on Calendar Number 1588. 5 Senator Marcellino. 6 SENATOR MARCELLINO: Mr. 7 President, without objection, may I be recorded 8 in the negative on 1588. 9 ACTING PRESIDENT KUHL: Without 10 objection, hearing no objection, Senator 11 Marcellino will be recorded in the negative on 12 Calendar Number 1588. 13 Senator Stachowski. 14 SENATOR STACHOWSKI: Mr. 15 President, may I have unanimous consent to be 16 recorded in the negative on Calendar 1588. 17 ACTING PRESIDENT KUHL: Without 18 objection, hearing no objection, Senator 19 Stachowski will be recorded in the negative on 20 Calendar Number 1588. 21 Senator Sears. 22 SENATOR SEARS: May I be recorded 23 in the negative on 1588 also. 11849 1 ACTING PRESIDENT KUHL: Without 2 objection, hearing no objection, Senator Sears 3 will be recorded in the negative on Calendar 4 Number 1588. 5 Senator Tully. 6 SENATOR TULLY: Mr. President, 7 may I have unanimous consent to be recorded in 8 the negative on Calendar Number 1588. 9 ACTING PRESIDENT KUHL: Without 10 objection, hearing no objection, Senator Tully 11 will be recorded in the negative on Calendar 12 Number 1588. 13 Senator Nozzolio. 14 SENATOR NOZZOLIO: Mr. President, 15 I ask unanimous consent to be recorded in the 16 negative on Calendar Number 1588. 17 ACTING PRESIDENT KUHL: Without 18 objection, hearing no objection, Senator 19 Nozzolio will be recorded in the negative on 20 Calendar Number 1588. 21 Senator Spano. 22 SENATOR SPANO: Same motion, Mr. 23 President, 1588, please record me in the 11850 1 negative. 2 ACTING PRESIDENT KUHL: Without 3 objection, hearing no objection, Senator Spano 4 will be recorded in the negative on 1588. 5 Senator Present. 6 SENATOR PRESENT: Same one. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, Senator Present 9 will be recorded in the negative on Calendar 10 Number 1588. 11 Senator Stavisky. 12 SENATOR STAVISKY: Similar 13 request for 1588, no vote. 14 ACTING PRESIDENT KUHL: Without 15 objection, Senator Stavisky will be recorded in 16 the negative on Calendar Number 1588. 17 Senator LaValle. 18 SENATOR LAVALLE: May I be 19 recorded in the negative, Mr. President. 20 ACTING PRESIDENT KUHL: Without 21 objection, Senator LaValle will be recorded in 22 the negative on Calendar Number 1588. 23 Senator Farley. 11851 1 SENATOR FARLEY: 1588. 2 ACTING PRESIDENT KUHL: Without 3 objection, Senator Farley will be recorded in 4 negative on Calendar 1588. 5 Senator Leibell. 6 SENATOR LEIBELL: Request to be 7 recorded in the negative on 1588. 8 ACTING PRESIDENT KUHL: Without 9 objection, Senator Leibell will be recorded in 10 the negative on Calendar Number 1588. 11 Senator Maziarz. 12 SENATOR MAZIARZ: I would like to 13 be recorded in the negative on 1404 and 1588. 14 ACTING PRESIDENT KUHL: Without 15 objection. 16 Who else would like to be 17 recorded in the negative on Calendar Number 18 1588? 19 Senator Rath, Senator Lack, 20 Senator Kruger, Senator Nanula. Can we have a 21 little order in the chamber, please. 22 SENATOR COOK: Mr. President. 23 ACTING PRESIDENT KUHL: Without 11852 1 objection, Senator Maziarz is going to be 2 recorded in the negative on Calendar Number 3 1588. 4 Senator Marchi, without objection 5 will be recorded in the negative on Calendar 6 Number 1588. 7 SENATOR LARKIN: Madam President, 8 would you call Calendar 1543, please. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: On Supplemental 12 Calendar Number 2, page 1, Calendar Number 1543, 13 substituted earlier today by Member of the 14 Assembly Weprin, Assembly Print 4595, an act to 15 amend the Navigation Law, in relation to wearing 16 life preservers on certain vessels. 17 THE PRESIDENT: Senator Kuhl. 18 SENATOR KUHL: Can we have an 19 explanation of the bill, please? 20 THE PRESIDENT: An explanation is 21 requested. 22 Senator Padavan. 23 SENATOR PADAVAN: Yes. This bill 11853 1 would require by amendment - 2 THE PRESIDENT: Can't hear up 3 here. 4 SENATOR PADAVAN: This bill would 5 require by amendment of the -- Subdivision 1 of 6 Section 40 of the Navigation Law to provide that 7 a child under the age of 12 must wear a U.S. 8 Coast Guard approved type 1 or type 2 life 9 jacket on all pleasure boats. Currently, there 10 is a requirement for a life jacket, but the 11 limit is 26 foot on the pleasure boat. Now, 12 this would extend this requirement beyond that 13 of a craft -- pleasure craft that is 26 -- under 14 26 feet. 15 Now, one of the issues here is 16 that with respect to the type of device -- and 17 this was highlighted last year when a boat 18 capsized out of the coast of Long Island and two 19 very small children, along with their mother 20 were tossed overboard. The children had life 21 jackets on, but they were not of the type 22 specified here which keeps the head up. So both 23 children drowned facedown with the life jackets 11854 1 on. 2 That, in essence, is the bill, 3 sir. 4 THE PRESIDENT: Senator Kuhl. 5 SENATOR KUHL: Would the sponsor 6 yield to a couple of questions? 7 SENATOR PADAVAN: Yes. 8 SENATOR KUHL: Senator Padavan, 9 you indicated that there are essentially -- I 10 believe this is what you said, that there are 11 two aspects of this particular proposal that are 12 different from existing law. Number 1, you have 13 -- you're changing the type of required life 14 vest and, Number 2, you're extending the 15 requirement for usage of a life vest to vessels 16 -- pleasure vessels that are longer than 26 17 feet, is that correct? 18 SENATOR PADAVAN: That's correct. 19 SENATOR KUHL: Now, Senator 20 Padavan, would this bill apply to, say a 21 commercial vessel that takes passengers for 22 hire? 23 THE PRESIDENT: Senator Padavan. 11855 1 SENATOR PADAVAN: The section of 2 the law that we're amending relates to pleasure 3 craft as defined in the Navigation Law, and it 4 would, therefore, not relate to -- I assume you 5 mean a ferry or something like that. 6 SENATOR KUHL: Yeah. 7 SENATOR PADAVAN: It would not 8 relate to that type of thing. 9 SENATOR KUHL: So that in a 10 situation where you have, say the Maid of the 11 Mist which travels the Niagara River or the 12 Keuka Maid which travels up and down Keuka Lake 13 or -- they had a similar situation over on 14 Chautauqua Lake for Senator Present, where we 15 have a commercial operation taking tourists out 16 on large boats. Children understand 12 would 17 not be required, you're telling me, to wear a 18 life vest under this proposed legislation? 19 THE PRESIDENT: Senator Padavan. 20 SENATOR PADAVAN: My 21 understanding is they would not. They do not 22 fall within the category of a vessel generally 23 described as pleasure craft defined by the 11856 1 Navigation Law. 2 SENATOR KUHL: You don't happen 3 to have that definition right here, do you, 4 Senator? 5 SENATOR PADAVAN: I have the 6 section, but I can't -- I'm looking while I'm 7 talking. I can give it to you, but what I 8 related to you is what was previously 9 represented by virtue of research on this bill. 10 SENATOR KUHL: My concern, 11 Senator -- and this is the reason for my 12 questions -- that there are many types of these 13 commercial vessels that certainly would not be 14 able to financially, I don't think afford, nor 15 would they be able to police 12-year-olds and 16 having people wear them who are less than 12 17 years old, these life vests, that's number 1. 18 SENATOR PADAVAN: Senator, if I 19 may interrupt. 20 SENATOR KUHL: Sure. 21 SENATOR PADAVAN: You see the 22 reference here is the class 3 vessel as 23 classified and defined in subdivision 1 of 11857 1 Section 43. Sorry. I think somewhere here I 2 have the complete definition of that category of 3 vessel, but it is not a commercial vessel of 4 this type that you described. 5 SENATOR KUHL: So it is not your 6 intent then, Senator, if I may continue, to 7 require that commercial ventures that I'm 8 inquiring about to be required to actually have 9 passengers under 12 wear life vests. 10 SENATOR PADAVAN: That's correct. 11 SENATOR KUHL: All right. I have 12 no further questions. 13 THE PRESIDENT: Will the 14 Secretary read the last section, please. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 60th day. 17 THE PRESIDENT: Call the roll, 18 please. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 57. 21 THE PRESIDENT: The bill is 22 passed. 23 Will the Secretary read, please. 11858 1 THE SECRETARY: Calendar Number 2 1581, by Senator DeFrancisco, Senate Print 3 5459-A, an act to amend the Racing - 4 SENATOR LARKIN: Lay it aside. 5 THE PRESIDENT: The bill is 6 high. Lay it aside. 7 THE SECRETARY: Calendar Number 8 1582 - 9 SENATOR LARKIN: Lay it aside. 10 THE PRESIDENT: Lay it aside, 11 please. 12 Senator Larkin. 13 SENATOR LARKIN: Madam President, 14 we would like to return to Calendar 42 on the 15 original Thursday's calendar, by Senator 16 Nozzolio, Print Number 580-B. 17 THE PRESIDENT: Thank you. 18 Will you read the last section, 19 please. Oh, I'm sorry. The Secretary will read 20 the bill. 21 THE SECRETARY: Calendar Number 22 -- Calendar Number 42, by Senator Nozzolio, 23 Senate Print 580-B, an act to amend the Public 11859 1 Authorities Law and the Executive Law, in 2 relation to creating the Cayuga County Water and 3 Sewer Authority. 4 SENATOR LARKIN: Is there a 5 message at the desk? 6 THE PRESIDENT: There is. 7 SENATOR LARKIN: I move we accept 8 the message. 9 THE PRESIDENT: All in favor of 10 accepting the message please signify by saying 11 aye. 12 (Response of "Aye".) 13 Those opposed, nay. 14 (There was no response.) 15 The message is accepted. 16 Read the last section, please. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll, 20 please. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 57. 23 THE PRESIDENT: The bill is 11860 1 passed. 2 Senator Farley. 3 SENATOR FARLEY: Thank you, Madam 4 President. 5 On behalf of Senator Hannon, I 6 wish to call up his bill, Senate Print 5026, 7 which was recalled from the Assembly which is 8 now at the desk. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 1285, by Senator Hannon, Senate Print 5026-A, an 13 act to amend the Executive Law. 14 SENATOR FARLEY: Madam President, 15 I now move to reconsider the vote by which this 16 bill was passed. 17 THE PRESIDENT: The Secretary 18 will call the roll on reconsideration. 19 (The Secretary called the roll on 20 reconsideration.) 21 THE SECRETARY: Ayes 57. 22 SENATOR FARLEY: Madam President, 23 I now offer the following amendments. 11861 1 THE PRESIDENT: Amendments 2 received. Do we have some substitutions? The 3 Secretary will read some substitutions. 4 THE SECRETARY: Senator Goodman 5 moves to discharge from the Committee on Rules, 6 Assembly Bill Number 8215-A and substitute it 7 for the identical Calendar Number 738 restored 8 earlier today. 9 Senator Goodman moves to 10 discharge from the Committee on Rules, Assembly 11 Bill Number 8349 and substitute it for the 12 identical Calendar Number 885 which was restored 13 to the calendar earlier today. 14 On page 8 of the regular 15 calendar, Senator Padavan moves to discharge 16 from the Committee on Rules, Assembly Bill 17 Number 7423-A and substitute it for the 18 identical Calendar Number 1516. 19 THE PRESIDENT: The substitutions 20 are ordered. 21 Senator Larkin. 22 SENATOR LARKIN: Madam President, 23 can we call up Calendar 885 which was -- earlier 11862 1 today was amended -- restored. 2 THE PRESIDENT: So ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 885, restored to the calendar earlier today by 6 the Assembly Committee on Rules, Assembly Print 7 8349, an act to amend the Tax Law, in relation 8 to extending Section 1142-A of such law. 9 SENATOR LARKIN: Is there a 10 message at the desk? 11 THE PRESIDENT: Yes, there is. 12 SENATOR LARKIN: Move to accept 13 the message. 14 THE PRESIDENT: Yes. All in 15 favor of accepting the motion please signify by 16 saying aye. 17 (Response of "Aye".) 18 Those opposed, nay. 19 (There was no response.) 20 The message is accepted. 21 Copies of this restored bill are 22 on each members' desks. 23 Read the last section, please. 11863 1 THE SECRETARY: Section 2. This 2 act - 3 THE PRESIDENT: Senator Leichter. 4 SENATOR LEICHTER: May I read 5 this -- see what the bill is? Okay. 6 THE PRESIDENT: Read the last 7 section, please. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll, 11 please. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 57. 14 THE PRESIDENT: The bill is 15 passed. 16 Senator Larkin. 17 SENATOR LARKIN: Can we return to 18 reports of standing committees and get the 19 results of the Rules Committee report. 20 THE PRESIDENT: Yes. The 21 Secretary will read. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 11864 1 following bills: 2 Senate Print 516, by Senator 3 Kuhl, an act to amend the Agriculture and 4 Markets Law, in relation to providing a real 5 property tax abatement; 6 3114, by Senator Johnson, an act 7 to direct the Commissioner of Environmental 8 Conservation to conduct a feasibility study; 9 4498-A, by Senator Nozzolio, an 10 act to amend the Correction Law, in relation to 11 establishing a procedure to convert; 12 5471-A, by Senator Hannon, an act 13 to amend the Public Health Law, in relation to 14 the operation of the Department of Health; 15 5484-A, by Senator Present, an 16 act to amend the Highway Law, in relation to 17 authorizing the Department of Transportation; 18 5508, by Senator Larkin, an act 19 to amend the Real Property Tax Law, in relation 20 to improvements required; 21 5516, by Senator Holland, an act 22 to amend the Social Services Law, in relation to 23 amounts for which the state and social services 11865 1 districts are responsible; 2 5547, by Senator Tully, an act 3 authorizing the assessor of the county of Nassau 4 to accept an application; 5 5549, by Senator Stafford, an act 6 to amend the Highway Law, in relation to 7 designating certain highways located in the city 8 of Plattsburgh as state highways; 9 5560, by Senator Libous, an act 10 to amend the Mental Hygiene Law, in relation to 11 receivership of residential facilities; 12 5561, by Senator Cook, an act to 13 amend the Tax Law, in relation to making a 14 technical correction to provisions exempting 15 volunteer fire departments;: 16 And Assembly 8331, by the 17 Assembly Committee on Rules, an act in relation 18 to authorizing the city of Troy, county of 19 Rensselaer to establish and operate a municipal 20 ambulance service. 21 All bills ordered directly for 22 third reading. 23 THE PRESIDENT: Senator Larkin. 11866 1 SENATOR LARKIN: Madam President, 2 can we return to Calendar Number 1582, Print 3 Number 5460, by Senator Marchi. 4 THE PRESIDENT: Without 5 objection, all bills were reported directly to 6 the third reading. 7 Will the Secretary read, please. 8 THE SECRETARY: On Supplemental 9 Calendar 2, page 2, Calendar Number 1582, by 10 Senator Marchi, Senate Print 5460, an act to 11 amend the Limited Liability Company Law, the 12 Partnership Law and the Arts and Cultural 13 Affairs Law. 14 THE PRESIDENT: Would you please 15 read the last section. 16 THE SECRETARY: Section 25. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll, 19 please. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 57. 22 THE PRESIDENT: The bill is 23 passed. 11867 1 Senator Larkin. 2 SENATOR LARKIN: Madam President, 3 can we now take up Supplemental Calendar Number 4 3, non-controversial. 5 THE PRESIDENT: Will the 6 Secretary read, please. 7 THE SECRETARY: Senator Kuhl 8 moves to discharge from the Committee on Rules, 9 Assembly Bill Number 728 and substitute it for 10 the identical Calendar Number 4. 11 THE PRESIDENT: Substitution 12 ordered. 13 THE SECRETARY: Calendar Number 14 4, by Member of the Assembly Parment, Assembly 15 Print number 728, an act to amend the 16 Agriculture and Markets Law, in relation to 17 providing a real property tax abatement. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 11868 1 THE SECRETARY: Ayes 57. 2 THE PRESIDENT: The bill is 3 passed. 4 The Secretary will read. 5 THE SECRETARY: Senator Johnson 6 moves to discharge from the Committee on Rules, 7 Assembly Bill Number - 8 SENATOR LARKIN: Lay it aside 9 temporarily. 10 THE PRESIDENT: Continue with the 11 substitution. 12 THE SECRETARY: Senator Johnson 13 moves to discharge from the Committee on Rules, 14 Assembly Bill Number 5229 and substitute it for 15 the identical Calendar Number 1591. 16 THE PRESIDENT: Substitution 17 ordered. 18 SENATOR LARKIN: Lay it aside. 19 THE PRESIDENT: Lay it aside, 20 please. 21 THE SECRETARY: Senator Nozzolio 22 moves to discharge from the Committee on Rules, 23 Assembly Bill Number 8173-A and substitute it 11869 1 for the identical Calendar Number 1591 -- 1592. 2 THE PRESIDENT: Substitution 3 ordered. 4 THE SECRETARY: Calendar Number 5 1592, by the Assembly Committee on Rules, 6 Assembly Print Number 8173-A, an act to amend 7 the Correction Law, in relation to establishing 8 a procedure to convert indeterminate sentences. 9 SENATOR LEICHTER: Lay it aside. 10 THE PRESIDENT: Lay it aside, 11 please. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1594, by Senator Hannon, Senate Print 5471-A, an 15 act to amend the Public Health Law, in relation 16 to the operation of Department of Health 17 facilities. 18 SENATOR LARKIN: Is there a 19 message at the desk? 20 THE PRESIDENT: Yes, there is. 21 SENATOR LARKIN: Move to accept 22 -- move to accept the message. 23 THE PRESIDENT: The motion is to 11870 1 accept the message. All those in favor of 2 accepting the message please signify by saying 3 aye. 4 (Response of "Aye".) 5 Those opposed, nay. 6 (There was no response.) 7 The message is accepted. 8 Read the last section, please. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 SENATOR DOLLINGER: Madam 12 President. 13 THE PRESIDENT: Senator 14 Dollinger. 15 SENATOR DOLLINGER: Can we just 16 have a brief explanation on this bill? 17 SENATOR LARKIN: It's 18 non-controversial, Senator. 19 THE PRESIDENT: Lay it aside. We 20 better lay the bill aside then. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1595, by Senator Present, Senate Print 5484-A, 11871 1 an act to amend the Highway Law, in relation to 2 authorizing the Department of Transportation. 3 THE PRESIDENT: Read the last 4 section, please. 5 THE SECRETARY: Section 3. This 6 act shall take effect April 1. 7 THE PRESIDENT: Call the roll, 8 please. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 57. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Senator Larkin 14 moves to discharge from the Committee on Rules, 15 Assembly Bill Number 7807 and substitute it for 16 the identical Calendar Number 1596. 17 THE PRESIDENT: Substitution 18 ordered. 19 THE SECRETARY: Calendar Number 20 1596, by the Assembly Committee on Rules, 21 Assembly Print 7807, an act to amend the Real 22 Property Tax Law, in relation to improvements 23 required by the Americans with Disabilities Act 11872 1 of 1990. 2 THE PRESIDENT: Read the last 3 section, please. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll, 7 please. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 57. 10 THE PRESIDENT: This bill is 11 passed. 12 THE SECRETARY: Senator Holland 13 moves to discharge from the Committee on Rules, 14 Assembly Bill Number 2319 and substitute it for 15 the identical Calendar Number 1597. 16 THE PRESIDENT: Substitution 17 ordered. 18 THE SECRETARY: Calendar Number 19 1597, by Member of the Assembly Pordum, Assembly 20 Print Number 2319, an act to amend the Racing, 21 Pari-mutuel Wagering and Breeding Law, in 22 relation to the certification of certain tax 23 credits. 11873 1 THE PRESIDENT: Read the last 2 section, please. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 57. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1598, by Senator Spano, Senate Print 5527, an 12 act to amend the Real Property Tax Law, in 13 relation to the special partial exemption under 14 the cooperative real property tax administrative 15 system. 16 SENATOR SPANO: Lay it aside. 17 THE PRESIDENT: Lay it aside, 18 please. 19 THE SECRETARY: Senator Tully 20 moves to discharge from the Committee on Rules, 21 Assembly Bill Number 7997 and substitute it for 22 the identical Calendar Number 1599. 23 THE PRESIDENT: Substitution 11874 1 ordered. 2 THE SECRETARY: Calendar Number 3 1599, by the Assembly Committee on Rules, 4 Assembly Print 7997, an act authorizing the 5 assessor of the county of Nassau to accept an 6 application. 7 THE PRESIDENT: Read the last 8 section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll, 12 please. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 57. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1600, by Senator Stafford, Senate Print 5549, an 19 act to amend the Highway Law. 20 THE PRESIDENT: The bill is 21 high. Lay it aside, please. 22 THE SECRETARY: Calendar Number 23 1601, by Senator Libous, Senate Print 5560, an 11875 1 act to amend the Mental Hygiene Law, in relation 2 to receivership. 3 SENATOR LARKIN: Is there a 4 message at the desk? 5 THE PRESIDENT: Yes, there is a 6 message at the desk. 7 SENATOR LARKIN: Move to accept 8 the message. 9 THE PRESIDENT: All those in 10 favor of accepting the message please signify by 11 saying aye. 12 (Response of "Aye".) 13 Those opposed by saying nay. 14 (There was no response.) 15 The message is accepted. 16 Read the last section, please. 17 THE SECRETARY: Section 15. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll, 20 please. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 57. 23 THE PRESIDENT: The bill is 11876 1 passed. 2 THE SECRETARY: Senator Cook 3 moves to discharge from the Committee on Rules, 4 Assembly Bill Number 8273 and substitute it for 5 the identical Calendar Number 1602. 6 THE PRESIDENT: Substitution 7 ordered. 8 THE SECRETARY: Calendar Number 9 1602, by the Assembly Committee on Rules, 10 Assembly Print 8273, an act to amend the Tax 11 Law, in relation to making a technical 12 correction. 13 THE PRESIDENT: Read the last 14 section, please. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the same date as such 17 chapter. 18 THE PRESIDENT: Call the roll, 19 please. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 57. 22 THE PRESIDENT: The bill is 23 passed. 11877 1 THE SECRETARY: Calendar Number 2 1604, by the Assembly Committee on Rules, 3 Assembly Print 8331, an act in relation to 4 authorizing the city of Troy, county of 5 Rensselaer to establish and operate a municipal 6 ambulance service. 7 THE PRESIDENT: Read the last 8 section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll, 12 please. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 56, nays 1, 15 Senator Farley recorded in the negative. 16 THE PRESIDENT: The bill is 17 passed. 18 Senator Larkin. 19 SENATOR LARKIN: Madam President, 20 can we return to Calendar Number 1594, by 21 Senator Hannon, on page 1 of Supplement 3. 22 THE PRESIDENT: The Secretary 23 will read. 11878 1 THE SECRETARY: Calendar Number 2 1594, by Senator Hannon, Senate Print 5471-A, an 3 act to amend the Public Health Law, in relation 4 to the operation of Department of Health 5 facilities. 6 THE PRESIDENT: Read the last 7 section, please. 8 THE SECRETARY: Section 4. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll, 11 please. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 57. 14 THE PRESIDENT: The bill is 15 passed. 16 Senator Larkin. 17 SENATOR LARKIN: Madam President, 18 can we call up Calendar 1591, by Senator 19 Johnson, Senate Print 3114, page 1 on Senate 20 Supplement Number 3. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: Calendar Number 11879 1 1591, substituted earlier today by Member of the 2 Assembly DiNapoli, Assembly Print 5229, an act 3 to direct the Commissioner of Environmental 4 Conservation to conduct a feasibility study. 5 THE PRESIDENT: Read the last 6 section, please. 7 SENATOR ONORATO: Mr. President, 8 will -- Senator Johnson, will you yield to a 9 question, please? 10 SENATOR JOHNSON: Yes, Mr. 11 President -- or whatever has asked me. 12 SENATOR ONORATO: What do they 13 intend to use in place of water in toilets, 14 ultrasonic sound? 15 THE PRESIDENT: Senator Johnson. 16 SENATOR JOHNSON: Yes, Mr. 17 President. My response is gravity. 18 SENATOR ONORATO: Gravity. 19 Explanation satisfactory. Read the last 20 section. 21 THE PRESIDENT: I don't think 22 we're going to read the last section until we 23 stop laughing. Read the last section, please. 11880 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll, 4 please. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 57. 7 THE PRESIDENT: The bill is 8 passed. 9 SENATOR LARKIN: Madam President, 10 can we now return to Calendar Number 482, page 4 11 on the original calendar for today, by Senator 12 Lack. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Senator Lack 16 moves to discharge from the Committee on Rules, 17 Assembly Bill Number 5817-A and substitute it 18 for the identical Calendar Number 482. 19 THE PRESIDENT: Substitution 20 ordered. 21 THE SECRETARY: Calendar Number 22 482, by Member of the Assembly DiNapoli, 23 Assembly Print Number 5817-A, an act to amend 11881 1 the Civil Service Law and the Education Law, in 2 relation to the compensation of teaching and 3 research center nurses. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 57. 11 THE PRESIDENT: Results -- the 12 bill is passed. 13 SENATOR LARKIN: Madam President. 14 THE PRESIDENT: Senator Larkin. 15 SENATOR LARKIN: Can we go back 16 to Calendar 1592, by Senator Nozzolio, on page 1 17 of Senate Supplement 3. 18 THE PRESIDENT: Yes. The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1592, by the Assembly Committee on Rules 22 substituted earlier today, Assembly Print Number 23 8173-A, an act to amend the Correction Law, in 11882 1 relation to establishing a procedure to convert 2 indeterminate sentences. 3 THE PRESIDENT: Read the last 4 section, please. 5 Oh, Senator Leichter, I'm so 6 sorry. I didn't see you. 7 SENATOR LEICHTER: Thank you. 8 I'm going to speak on the bill. 9 I've discussed it with Senator Nozzolio. I 10 raised some questions about it in the Rules 11 Committee. 12 What this bill provides is that 13 the commissioner is given sole and unfettered 14 discretion to, I guess reduce a sentence, you 15 could say, to a max... to a maximum equal to 16 two-thirds -- I'm sorry -- to reduce a sentence 17 equal to two-thirds of the maximum. This is for 18 purposes of having somebody who can be deported 19 to a treaty nation where we have an arrangement 20 with that nation, and while I understand the 21 purpose of trying to get people who can be 22 deported out of our correctional system so that 23 we no longer have to pay for them, I'm just 11883 1 concerned about having that power solely rest in 2 the commissioner and not require that at least 3 you go to the district attorney and the judge to 4 find out if there are any particular 5 circumstances in that case that would make that 6 unwise. 7 There are some people who should 8 serve their full maximum sentences. Ordinarily, 9 I'm somewhat on the different side of that, but 10 I do believe that our obligation for public 11 safety requires that we have more safeguards 12 than just giving this power to the 13 commissioner. The commissioner obviously wants 14 to clear beds. He's going to shift everybody 15 out. 16 Now, what happens as we know is 17 some people who are deported to countries where 18 they take the next plane or next boat and they 19 come back to the United States. If you check 20 with the D.A., you check with the judge, at 21 least in those instances, there may be the 22 possibility that you will get information which 23 will show you that it's unwise to let that 11884 1 particular individual out or commute his 2 sentence. 3 I mean, this is -- really what 4 we're doing is giving the commissioner the power 5 to commute the sentence. As I said to Senator 6 Catherine Abate who was a correction 7 commissioner, although she didn't have that sort 8 of power, I said even somebody as wise as you, I 9 wouldn't trust with this power. I just think 10 that it ought -- that there ought to be greater 11 safeguards. 12 I understand the aim and purpose, 13 but I think that in practice we may find 14 ourselves that somebody is going to be let out 15 early and will be back in our shores possibly 16 creating mischief or even mayhem. 17 SENATOR NOZZOLIO: Madam 18 President. 19 THE PRESIDENT: Senator Nozzolio. 20 SENATOR NOZZOLIO: I thank 21 Senator Leichter -- I thank Senator Leichter for 22 raising those comments and concerns, but I just 23 wanted to inform my colleagues that, however, 11885 1 the purpose of this measure is to allow those 2 inmates who are now in our jails that are 3 nationals of other countries to be deported if 4 they so consent to that deportation. 5 The Commissioner of Corrections 6 has been given that authority in an effort to 7 take criminals out of our -- being supported by 8 taxpayers of this country when these -- our 9 individuals should not have been in our nation 10 in the first place committing crime. 11 THE PRESIDENT: Thank you, 12 Senator Nozzolio. 13 Read the last section, please. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll, 17 please. 18 (The Secretary called the roll.) 19 THE PRESIDENT: Results. 20 THE SECRETARY: Ayes 56, nays 1, 21 Senator Leichter recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 11886 1 Senator Larkin. 2 SENATOR LARKIN: Madam President, 3 can we return to today's original calendar, 4 Calendar Number 69 for Calendar Number 875, by 5 Senator Levy, Senate Bill 4985-C. 6 THE PRESIDENT: Read the last 7 section, please. I'm sorry, the Secretary will 8 read. 9 THE SECRETARY: Senator Levy 10 moves to discharge from the Committee on Rules, 11 Assembly Bill Number 7897-B and substitute it 12 for the identical Calendar Number 875. 13 THE PRESIDENT: Substitution 14 ordered. 15 THE SECRETARY: Calendar Number 16 875, by the Assembly Committee on Rules, 17 Assembly Print 7897-B, an act to amend the 18 Transportation Law, in relation to the 19 investigation of accidents. 20 THE PRESIDENT: Read the last 21 section, please. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 11887 1 THE PRESIDENT: Call the roll, 2 please. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 57. 5 THE PRESIDENT: The bill is 6 passed. 7 Senator Larkin. 8 SENATOR LARKIN: Madam President, 9 can we go to Calendar Number 15... 1516, page 8 10 on the original calendar for today, by Senator 11 Padavan. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 1516, substituted earlier today by the Assembly 16 Committee on Rules, Assembly Print 7423-A, an 17 act to amend the General Municipal Law, in 18 relation to providing coverage for injuries 19 sustained. 20 THE PRESIDENT: Read the last 21 section, please. 22 Did someone request an 23 explanation? 11888 1 SENATOR LEICHTER: Explanation. 2 SENATOR PADAVAN: Senator, this 3 bill passed the Senate earlier in the week and 4 the Assembly made a couple of changes and it's 5 been returned to us and been substituted. 6 Basically, what it does is the 7 investigators who work for the district 8 attorneys' offices in the city of New York are 9 not covered for injuries sustained in the line 10 of duty, as opposed to similar personnel working 11 outside the city of New York. This is requested 12 by the district attorneys in the city of New 13 York. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll, 19 please. 20 (The Secretary called the roll.) 21 THE PRESIDENT: Results. 22 THE SECRETARY: Ayes 56, nays 1, 23 Senator DiCarlo recorded in the negative. 11889 1 THE PRESIDENT: The bill is 2 passed. 3 We're returning to motions and 4 resolutions. The Secretary will read. 5 THE SECRETARY: Senator Holland 6 moves to discharge from the Committee on Rules, 7 Assembly Bill Number 2391 and substitute it for 8 the identical Calendar Number 1597. 9 THE PRESIDENT: The substitution 10 is ordered. 11 THE SECRETARY: Calendar Number 12 1597, by Member of the Assembly Jacobs, Assembly 13 Print Number 2391, an act to amend the Social 14 Services Law, in relation to amounts for which 15 the state and social services districts are 16 responsible. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll, 22 please. 23 (The Secretary called the roll.) 11890 1 THE SECRETARY: Ayes 57. 2 THE PRESIDENT: The bill is 3 passed. 4 Senator DiCarlo. 5 SENATOR DiCARLO: Thank you, 6 Madam President. 7 On behalf of Senator Volker, I 8 wish to call up bill, Senate Print 5495 which is 9 now at the desk. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: Calendar Number 13 1583, by Senator Volker, Senate Print 5495, an 14 act to authorize the Office of General Services. 15 SENATOR DiCARLO: Madam 16 President, I now move to reconsider the vote by 17 which this bill was passed and ask that the bill 18 be restored to the order of third reading. 19 THE PRESIDENT: The Secretary 20 will call the roll on reconsideration. 21 (The Secretary called the roll on 22 reconsideration.) 23 THE SECRETARY: Ayes 57. 11891 1 THE PRESIDENT: Senator DiCarlo. 2 SENATOR DiCARLO: Madam 3 President, I now move to discharge from the 4 Committee on Rules, Assembly Print 8202, the 5 Senate bill on first passage and substitute it 6 for the identical bill. 7 THE PRESIDENT: Substitution 8 ordered. 9 SENATOR DiCARLO: The Senate Bill 10 on first passage was voted unanimously. I now 11 move that the substituted Assembly bill have its 12 third reading at this time. 13 THE PRESIDENT: There is a home 14 rule message at the desk. Read the last 15 section, please. 16 THE SECRETARY: Calendar Number 17 1583, by the Assembly Committee on Rules, 18 Assembly Print 8202, an act to authorize the 19 Office of General Services to sell, transfer and 20 convey certain real property. 21 THE PRESIDENT: Read the last 22 section, please. 23 THE SECRETARY: Section 2. This 11892 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll, 3 please. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 57. 6 THE PRESIDENT: The bill is 7 passed. 8 (Whereupon, the Senate stood at 9 ease.) 10 ACTING PRESIDENT KUHL: The 11 Senate will come to order. 12 The Chair recognizes Senator 13 Bruno. 14 SENATOR BRUNO: Mr. President, I 15 believe there's a resolution at the desk that 16 relates to the late Senator Schermerhorn. I 17 would like to ask that it now be read in its 18 entirety. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the privileged resolution. 21 THE SECRETARY: By Senators 22 Larkin, Bruno, Velella, Cook and Holland, 23 Legislative Resolution expressing sincerest 11893 1 sorrow upon the occasion of the death of the 2 Honorable Richard E. Schermerhorn, former member 3 of the New York State Senate. 4 WHEREAS, it is the sense of this 5 legislative body that those who give positive 6 definition to the profile and disposition of the 7 communities of the state of New York do so 8 profoundly strengthen our shared commitment to 9 the exercise of freedom; and 10 WHEREAS, attendant to such 11 concern and fully in accord with its long 12 standing traditions, it is the intent of this 13 legislative body to express sincerest sorrow 14 upon the occasion of the death of the Honorable 15 Richard E. Schermerhorn, former member of the 16 New York State Senate; and 17 WHEREAS, Richard E. Schermerhorn 18 is survived by his wife, the former Rosemary 19 Wootten of Berkshire, England and five 20 daughters, Linda Finn, Kathleen Agrawal, Amy 21 Duchesneau, Kelly Gonzalez and Schuyler 22 Schermerhorn; and 23 WHEREAS, the life and career of 11894 1 Richard E. Schermerhorn mirrors those preroga 2 tives of personal initiative and accountability 3 so paradigmatic of our American manner; and 4 WHEREAS, Richard E. Schermerhorn 5 represented the 39th Senatorial District 6 consisting of parts of Orange and Ulster 7 Counties. Richard E. Schermerhorn was born in 8 Albany, New York on October 29, 1927. He was 9 educated in Ravena-Coeymans School and the 10 Albany Military Academy. After graduating in 11 1945, he enlisted in the Army, serving with the 12 infantry with the occupation forces in Japan 13 after World War II; and 14 WHEREAS, after military service, 15 Richard E. Schermerhorn entered Bryant College 16 in Providence, Rhode Island, graduating with 17 B.A. and B.S. degrees in business administration 18 in 1953. Upon graduation, he was employed by 19 The Travelers Insurance Company as a field 20 supervisor. In 1960, Richard E. Schermerhorn 21 formed a partnership with Donald N. Herr in 22 Newburgh, New York; and 23 WHEREAS, active in many civic and 11895 1 fraternal organizations, Richard E. Schermerhorn 2 was a member of the American Legion, the Elks 3 Club and is an honorary member and avid 4 supporter of the Boy Scouts of America. He 5 served as chairman of the Greater Newburgh Area 6 Fund Drive, a co-chairman of the Sarah Wells 7 Council of Girl Scouts Fund Drives and was a 8 former member of the Chester National Bank. In 9 addition, he was a member of the Advisory 10 Council of the Merchants Group of Insurance 11 Companies and Garden City Golf Club of Long 12 Island; and 13 WHEREAS, Richard E. Schermerhorn 14 was first elected to the state Senate in 1970 15 and served nine terms in office. In 1973, he 16 was named as chairman of the Senate Committee on 17 Civil Service and Pensions and held that 18 position until 1985 with the exception of a 19 brief period when he was chairman of the Senate 20 Standing Committee on Social Services. He 21 served as chairman of the Committee on 22 Corporations, Authorities and Commissions during 23 1985-1988; and 11896 1 WHEREAS, for his efforts as a 2 state Senator, Senator Schermerhorn has received 3 many honors and awards from the state's police 4 organizations, professional firefighters and a 5 number of other uniform service organizations 6 for his outstanding efforts on their behalf. 7 The American Legion recognized Richard E. 8 Schermerhorn for his service in public office 9 and his Americanism. In 1973, Richard E. 10 Schermerhorn had the honor of being the first 11 recipient of the New York State Youth Bureau 12 Award for distinguished services due to his 13 efforts to promote the welfare of youth; and 14 WHEREAS, through his long and 15 sustained commitment to the ideals and 16 principles upon which this beloved nation was 17 first founded, Richard E. Schermerhorn did so 18 unselfishly advance that spirit of united 19 purpose and shared concern with the unalterable 20 manifestation of our American experience; now, 21 therefore, be it 22 RESOLVED, that this legislative 23 body pause in its deliberations to express 11897 1 sincerest sorrow upon the occasion of the death 2 of the Honorable Richard E. Schermerhorn, former 3 member of the New York State Senate, fully 4 confident that such procedure mirrors our shared 5 commitment to enhance and to yet effect that 6 patrimony of freedom which is our American 7 heritage; and be it further 8 RESOLVED, that a copy of this 9 resolution, suitably engrossed, be transmitted 10 to Mrs. Richard E. Schermerhorn, Newburgh, New 11 York. 12 ACTING PRESIDENT KUHL: The Chair 13 recognizes Senator Bruno on the resolution. 14 SENATOR BRUNO: Mr. President, on 15 the resolution. I attended earlier this week 16 the funeral service for Dick Schermerhorn, and 17 it was a very, very emotional experience, more 18 so than a lot of things that happened in our 19 lives and any time anyone passes, it's always 20 emotional; it's always disturbing, but I was 21 reflecting as I was listening on the first times 22 that I met Dick Schermerhorn, and those people 23 that knew him, knew him to be a stand-up person 11898 1 who told it like it was, and there were -- there 2 was no question about what was on his mind, but 3 I was just relating to the very first time I saw 4 him, came into Troy to the Troy Country Club and 5 he was the main speaker for the Troy Benevolent 6 Association, the police association. I was 7 running for office for the first time, for this 8 office and I was in a primary, and I was in a 9 very difficult primary. I introduced myself to 10 Senator Schermerhorn as he came in, told him 11 what I was doing, told him I was the Republican 12 candidate. In the middle of his speech up front 13 with several hundred people in the room, he made 14 eye contact and he stopped and he said, "By the 15 way, the man here running for the Senate, Joe 16 Bruno, I met him, he's the right kind of guy. 17 Everyone in this room ought to be supporting him 18 for the Senate", and you know what, I went 19 through that primary and I never, ever forgot 20 that, that he was willing publicly to support me 21 having met me, spending a few minutes with me 22 and just knowing where I was coming from. That 23 was the kind of guy that Dick Schermerhorn was. 11899 1 You knew exactly where he was at and he didn't 2 mind standing up for whatever the issue was, 3 controversial or otherwise. So we miss him. He 4 had the guts to do the kinds of things that 5 sometimes it takes to be in office. 6 He had some difficulties in his 7 life, but he was never, ever other than standing 8 tall and looking up in his last year's of his 9 life, suffered greatly, but for all the people 10 that were around him, they only had more and 11 more respect for him because he was never, ever 12 really bowed. 13 Thank you, Mr. President. 14 ACTING PRESIDENT KUHL: The Chair 15 recognizes Senator Larkin. 16 SENATOR LARKIN: Mr. President, I 17 had the privilege of working for Senator Dick 18 Schermerhorn in this chamber as a staff member. 19 I was a town supervisor in his district and I 20 was a member of the Assembly within his 21 district. 22 I think when you think about 23 Dick, I think the Majority Leader just said it 11900 1 right, that Dick gave you his word; you never 2 had to worry about it. 3 I told a story more than once and 4 it needs repeating again. I can remember when 5 we would be going home after session would end 6 and he would stop on State Street or Washington 7 Avenue and go into the state Education Building 8 and pick up a package, and for years I used to 9 accuse him of not having his degree really from 10 Bryant, that he was going in and taking some 11 short courses. What the Senator was doing was 12 picking up a package that on Saturday he would 13 deliver to two blind families in our district, 14 and the amazing thing about it, he had staff and 15 when I found out about it, I said, "Dick, why 16 don't you let me do that." He said, "If I let 17 you do that, I'm really not doing something that 18 I think is important, doing something for 19 somebody who can't do something." 20 We have a Catholic high school in 21 our district that was struggling. He didn't 22 have any affiliation with that school, but he 23 found out the problem they had. He told the 11901 1 priest, "What you ought to do is to get a good 2 fund-raiser. We'll get some people to come up 3 with the beer and the soda and the clams." They 4 were figuring they would have a crowd of maybe 5 50 or 100. They had close to 800. People were 6 buying raffles -- as a matter of fact, he was at 7 the raffle booth selling the raffles. They drew 8 the raffle ticket for the first prize. The 9 first day of the picnic was $5,000. Dick turned 10 around and he said, "Father, this is your 11 ticket, but I don't want my name mentioned." 12 When they ran out of referees for 13 a basketball game because they didn't have the 14 money, he ensured the school that they would 15 have them. There were many things, some of you 16 know about here, but he was an individual that 17 didn't care. 18 I remember one day in a shopping 19 center, somebody said, "Dick, have you got $20? 20 I got to pay a bill." He said, "No, I got ten", 21 and he saw somebody walking up the aisle and he 22 said,"Hey, Dale, you got an extra $10?" Dale 23 said "Yes". He took the $10 and went over and 11902 1 said, "Here's the $20 you want." But you know 2 his family meant a lot to him, his wife 3 Rosemary, his five children. 4 I had the privilege of seeing his 5 daughters that I hadn't seen in a long time. 6 They loved and respected their father and, you 7 know, some people said he fell on hard times. 8 He's looking down on us today saying, "But I 9 never walked away from a fight. I never 10 deserted anybody." There were many times when 11 our party deserted him in our county. He didn't 12 take it. He just said, "Hey, it's over, I won. 13 Let's move on." 14 Dick Schermerhorn was your 15 friend. There was nothing in the world he 16 wouldn't do for you. He was an individual that 17 came right out of this area here in Albany, 18 Coeymans, came to the Hudson Valley. He got 19 into politics because he felt somebody wasn't 20 really representing our district and he turned 21 things around. When he went to a meeting and he 22 spoke, you could rest assured that how he voted 23 here was exactly the way he told the people back 11903 1 home and, yes, the media didn't like him. They 2 don't like me either. In all of his years of 3 running they never endorsed him, but the people 4 did because he represented the people. He 5 didn't represent the special interest. He 6 didn't represent the media. He represented that 7 individual, regardless of their stature in 8 life. 9 He was a great individual. His 10 family will miss him and I'm sure that many of 11 us, especially you golfers will miss him because 12 he took all of your money. 13 Dick Schermerhorn served his 14 district, served his country, was a wonderful 15 family man, and we're all going to miss him. 16 Thank you, Mr. President. 17 ACTING PRESIDENT KUHL: Senator 18 Padavan. 19 SENATOR PADAVAN: Thank you, Mr. 20 President. 21 From the first day I arrived in 22 the Senate, I sat in this seat here and Dick 23 Schermerhorn sat where I stand. So for all the 11904 1 years that we were here together, we shared many 2 things, some of which I can relate to you and 3 others which I cannot, but the fact remains, 4 during that period of time we became very good 5 friends. We shared the pain of much of his 6 adversity together, personal and otherwise. We 7 also shared the joys that Senator Larkin related 8 to in regard to his family, his children and his 9 work. 10 He was a person, if there is a 11 definition of character tested by adversity, he 12 is the perfect example of an individual who was 13 tested and demonstrated great character. 14 There were times when issues here 15 -- when issues were considered, where a vote 16 one way or the other was not the right popular 17 thing to do, depending on how you looked at it, 18 but you always knew that Dick would vote the way 19 he felt was right, irrespective of the 20 consequences, and that is, indeed, a rare 21 trait. Sometimes that caused him difficulty, 22 which he knew but he did it anyhow. 23 I can only share with you one 11905 1 anecdote that has some humor associated with 2 it. I think I was here only a few years and we 3 were considering a pay raise which, as you know 4 is not the right thing to vote for, particularly 5 if you're a relatively new member of this house, 6 but I thought it should be voted for in my 7 naivete, but Dick Schermerhorn would not allow 8 that to happen. He said, "I'm going to vote for 9 it, but you're not" and he physically grabbed my 10 arm and put it up. Now, he's a pretty big guy 11 and a very strong one and even though I tried to 12 pull it down, I didn't succeed, but I voted for 13 all the others in the following years that came 14 past us. 15 Dick suffered physically and 16 emotionally in many, many ways, but I think the 17 Majority Leader said it very well when he 18 indicated despite all of that, he was always 19 upbeat. He was always positive. He always 20 looked at the half of the issue of what was 21 going on that would make you smile or laugh or 22 be happy. To him, the glass was always half 23 full, not half empty, and I think that's what 11906 1 we're saying, in his courage right up to the end 2 which I'm sure most of you know about was such 3 that very few of us, if any, could endure it in 4 the manner in which he did, and so I stand with 5 all of you in paying tribute to my friend. That 6 type of person comes by very rarely. We 7 probably will not see another Dick Schermerhorn 8 for a long time, but in any event, I'm honored 9 to sit in his seat and the occasion to do things 10 that are right and not necessarily popular. 11 Thank you, Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Cook. 14 SENATOR COOK: Mr. President, I 15 can only embellish slightly on the things that 16 have already been said because I think that the 17 other Senators have painted a picture of Dick 18 Schermerhorn very much as he was. 19 I, the first year that I came to 20 the Senate, had a primary election and my 21 experience was not unlike that of Senator 22 Bruno. The county organization was tepid, to 23 say the least, but Dick Schermerhorn was never 11907 1 tepid. He was enthusiastic. He took me by the 2 hand. He gave me every bit of help that he 3 could and his assistance was, I think a very, 4 very large part of the reason that I was able to 5 come to this house. 6 Following that, time and time 7 again, we saw him in action. We saw that there 8 was never a time when he equivocated. He always 9 knew exactly where he was and let everybody else 10 know it and that was very characteristic of 11 him. 12 He -- during his illness, he was 13 up here several times. I would meet him 14 downstairs in the cafeteria and various places 15 and Senator Padavan said he was always upbeat 16 even under those circumstances, always putting 17 the best face on it. You would say, "Well, how 18 are you doing, Dick?" "I'm doing great. I'm 19 doing fine", and being as enthusiastic as he 20 could possibly be under the physical 21 circumstances, and then as I went Sunday -- I 22 was not able to go to the funeral, but I did go 23 to the visiting hours Sunday afternoon when the 11908 1 priest had the -- a brief prayer service and 2 said something that, again I think is 3 characteristic of Dick, that when the holidays 4 came around, Dick would simply appear at the 5 door with 50 or 75 turkeys to go to the poor 6 families. Nobody asked him and it wasn't -- as 7 Senator Larkin said, it wasn't that he delegated 8 that to somebody else. He went out. He 9 collected the money. He bought the turkeys. He 10 brought them. He delivered them. He took his 11 service to his fellow man and woman very 12 personally, and I think that's how we all 13 remember him as a person who was very direct, 14 very up front, very warm. 15 ACTING PRESIDENT KUHL: Senator 16 Hoffmann on the resolution. 17 SENATOR HOFFMANN: Thank you, Mr. 18 President. 19 I remember Dick Schermerhorn 20 talking about his childhood in Albany because he 21 was very proud of the fact that he had grown up 22 as an orphan and thought that he really owed 23 something to humankind because he had achieved 11909 1 so much in his life. I'm sure the turkeys and 2 the $20 loan to people on the spur of the moment 3 in a supermarket are just the tip of the 4 iceberg, but Dick had a big, big heart, and it 5 really didn't have any bearing at all on his 6 personal feelings for an individual or his sense 7 of their own need. If they asked him and he 8 could do it, he was willing to do things to help 9 people. That was just the kind of guy he is. 10 We don't often see that kind of 11 generous spirit and that zest for life among our 12 colleagues. A lot of us have multiple agendas; 13 we have responsibilities that make us hesitate 14 just a little bit before we are kind and 15 generous, but Dick just really didn't hesitate. 16 If he could do something to be a good guy, he 17 just did it unquestioningly. 18 He did a couple of really nice 19 things for me at a time when they meant a great 20 deal. I had arrived here as a marginal 21 Democratic Senator. I was targeted for defeat 22 from the day I walked into this chamber, and 23 Dick went out of his way to be a gentleman and 11910 1 he even went so far as to put my name on a piece 2 of legislation over the objection of the 3 Majority Leader at that time, and I know he took 4 a little flak for that, but he felt it was the 5 right thing to do and I'll never forget him 6 saying that he was proud to have me on the bill 7 with him and I was proud to be there with him. 8 We couldn't have been further 9 apart on a wide range of social issues. My 10 background was different from him. Except for 11 the fact that we were both German-Americans, 12 there were many things where we wouldn't agree, 13 but it seemed like on the important things there 14 was that agreement and more important, mutual 15 respect, and I think the happiest memories of 16 Dick that I will have are when he became a 17 father for the last time and he and Rosemary 18 adopted a beautiful child and he just couldn't 19 contain his happiness. 20 Most of us are parents. We've 21 all shared that sense of excitement, but for 22 Dick, there was just something special. This 23 was like the world's first child, and he was 11911 1 busy showing pictures and bringing the baby into 2 the chambers, showing her around with the kind 3 of real fatherly joy that some people, I'm 4 afraid, don't ever get to experience the way 5 Dick Schermerhorn did, but it was beautiful to 6 watch then. It's beautiful to remember now. 7 I hope that it will comfort 8 Rosemary in the years to come. I will hope that 9 it will comfort Schuyler to know that she was 10 toasted in these chambers as an infant by a 11 wonderful man who was greatly loved and will be 12 deeply missed. 13 ACTING PRESIDENT KUHL: Senator 14 Maltese. 15 SENATOR MALTESE: I can't add 16 very much to what's been said by the Majority 17 Leader and other friends of Dick Schermerhorn. 18 I can only say that whenever you visited his 19 office, you always got a hospitable welcome. It 20 would -- there were always firemen or fire 21 officers or policemen or people involved in 22 veterans organizations and he always tried to 23 make sure that you said hello, that you knew the 11912 1 people. He always indicated that if there was 2 any type of legislation dealing with Americanism 3 or our country, that he was in the forefront and 4 in the leadership on that type of legislation. 5 He worked closely with the 6 Conservative Party, as a matter of fact, in many 7 cases, would recommend legislation that perhaps 8 we had missed and to put on our ratings. I 9 think through his adversity he never 10 complained. That's the one thing he has been 11 described as upbeat. Never a complaint during 12 some of the travails he suffered. He could very 13 well have felt forlorn and abandoned and instead 14 indicated that he understood the political game 15 and that some people didn't feel that they could 16 embrace him openly. He, I think -- I guess what 17 he would have enjoyed is being referred to in 18 this chamber at this time -- in my estimation, 19 he was a stand-up guy, a very, very patriotic 20 American and I know that his many friends will 21 -- will sorely miss him. 22 ACTING PRESIDENT KUHL: Senator 23 Farley on the resolution. 11913 1 SENATOR FARLEY: I just want to 2 say a few words about someone I consider a dear 3 friend, a courageous guy and a very loyal guy 4 and somebody that loved this house and his 5 fellow Senators. 6 Dick Schermerhorn was described 7 by Warren Anderson to me once. He said, "You 8 know, if I had to be in a foxhole with anybody 9 in the world, I would like Dick Schermerhorn to 10 be there with me", and I guess that typifies 11 him, because I think anybody could count on 12 him. He was there when anybody needed him and 13 he didn't make a big deal of it. 14 His lovely wife, Rosemary, is in 15 the back of the chamber and I think she deserves 16 quite a tribute for how she stuck by him and 17 helped him through some very, very difficult 18 times the latter part of his life. She was a 19 wonderful wife and mother and I think she 20 deserves a tribute, but I also want to pay 21 tribute to another young man that's standing 22 back there. We have a lot of staff people. 23 Rick Burdick who has worked for Dick 11914 1 Schermerhorn and, whereas a lot of staff -- he 2 never abandoned him, stuck with him, became a 3 very dear and close friend a loyal friend, and 4 it's these type of people that mean so much 5 particularly when Dick was having such a tough 6 time. He was a wonderful man and a great person 7 and I know that his family and all of his 8 friends that loved him are going to miss him. 9 ACTING PRESIDENT KUHL: Senator 10 Volker on the resolution. 11 SENATOR VOLKER: Mr. President, 12 I'm going to be brief, which is good because I 13 guess on this one, I probably could speak as 14 well as anybody back here. When Frank said that 15 we -- when he came, Dick was there. When I 16 came, Dick was here, Frank was here and I was 17 here and that's where we stayed the whole time. 18 In fact, when Ken came and he stayed here, all 19 of us could have moved anywhere we wanted to, 20 but we wanted to be right here. 21 I remember Fred Ohrenstein during 22 1975 when we were here in Albany virtually the 23 whole year, we never were out of Albany more 11915 1 than a year. Franz was here, a number of us 2 were. Fred Ohrenstein at one time turned around 3 and complained and said, "Could you do something 4 with the three blocks of granite behind me 5 here", and he was referring specifically to 6 Frank and Dick and myself, but he was referring 7 more to Dick who just loved to ride Fred a 8 little. 9 I spent a lot of nights and 10 mornings with Dick Schermerhorn in my younger 11 days, I can tell you. He was fun to be with, as 12 was said here. There was no more straight 13 shooter than Dick Schermerhorn. In fact, when I 14 think about Dick, I think about a saying in 15 Superman when Superman turned to Lois Lane and 16 said, "I never lie." 17 Dick never lied. He may have 18 exaggerated something fierce, but he never 19 lied. He was a straight shooter all the way, 20 probably the best friend that law enforcement 21 and the fire officers and the uniformed people 22 ever had. The tragedy of it is -- and I can say 23 this because I know exactly what happened, I 11916 1 know the story -- I don't think I know of 2 anybody who was put upon more than Dick 3 Schermerhorn and the ridiculousness of what 4 happened to him was as outrageous and an outrage 5 against a public official as I have ever seen or 6 I hope I will ever see again. It was ridiculous 7 and Dick, despite the fact that he was so put 8 upon, put up with it and it broke him in a sense 9 and yet you couldn't break Dick because Dick 10 wasn't somebody who could be broke. 11 He's the only person that I know 12 of in this chamber that sued the media and he 13 won. I remember he sued and I was part of that 14 -- to a certain extent part of that situation 15 because one of the witnesses happened to be a 16 fellow from this chamber and his absence from 17 the chamber once cost me an override on the 18 death penalty, so Dick and I had many, many, 19 many a good time, many, many a tough time, but I 20 can tell you that I will miss him very much. 21 I used to see him as much as I 22 could when he came here to Albany and talked to 23 him on the phone as much as I could, but I guess 11917 1 I just will never come into this chamber that I 2 won't think about Dick and the many years that 3 we spent and the many things that he did not 4 only for people outside this chamber, that is 5 his constituents and the people of this state, 6 but for the people in this chamber, because 7 there was no better hearted guy and there was no 8 better hearted man that I have ever dealt with. 9 I'll miss him dearly and I can 10 assure you that I will pray for him any time 11 that I can remember to do that. 12 ACTING PRESIDENT KUHL: Senator 13 Stachowski, on the resolution. 14 SENATOR STACHOWSKI: Mr. 15 President, I too would like to rise just to say 16 a few words about Dick Schermerhorn. 17 Senator Volker says that Senator 18 Ohrenstein referred to them as the blocks of 19 granite; I always called them the guys in the 20 back row, because they were always the most 21 patriotic, the most conservative, and the most 22 law enforcement guys I'd ever run into in my 23 life, and I'd sit down at that end and watch in 11918 1 amazement as they always all seemed to get up on 2 the same bills and show those very qualities I 3 just mentioned. 4 But then I found out there was a 5 completely other side to Dick Schermerhorn. 6 Every year the people from Delaware North would 7 come down and bring most of the guys from 8 western New York and Schermerhorn would always 9 be there and sometimes his wife would come to 10 dinner, and we'd sit around and we'd have great 11 conversation and then some point after dinner 12 they would start telling jokes. Unfortunately, 13 they're great jokes but none of which I can 14 repeat in this kind of chamber or any kind of 15 ordinary company, but they were great jokes and 16 a lot of laughs and wonderful evenings, and I'll 17 always remember and look fondly back on those 18 and I'd always looked forward to seeing Dick 19 Schermerhorn when he was here and I looked 20 forward actually to see him when he would come 21 back on his visits and I would run into him on 22 the Concourse or some place else, and it's 23 always sad when someone that we've worked with 11919 1 passes on, but I can say that I won't think of 2 the loss so much as I'll think of the gain I had 3 by knowing Dick Schermerhorn while he was here 4 with us. 5 ACTING PRESIDENT KUHL: Senator 6 LaValle, on the resolution. 7 SENATOR LAVALLE: Thank you, Mr. 8 President. 9 Certainly Senator Padavan, 10 Senator Volker, Senator Larkin, Senator Bruno 11 and others have been very, very eloquent in 12 describing Senator Schermerhorn. 13 As has been mentioned by Senator 14 Padavan and Senator Volker, the seating 15 arrangement was that the aisle seat was anchored 16 by Senator Schermerhorn, then came Senator 17 Padavan and Senator Volker and when I came to 18 this chamber, I was put with the three 19 individuals who, as Senator Stachowski said, 20 were the three patriots, almost on a daily 21 basis, recited truth, justice and the American 22 way, and certainly their voting records were 23 well known to be conservative. I think upon 11920 1 occasion they viewed with great consternation 2 some of the bills that I have brought before 3 this chamber, some of the votes that I've cast, 4 but I will say that Dick Schermerhorn, and what 5 everyone has said, Senator Farley, you were so 6 right in what you said about if you were to 7 choose a person to be in a foxhole with, Dick 8 Schermerhorn would be that very person because, 9 if he gave you his word, it was good. You could 10 put it in the bank, and he was very predictable 11 in the positions that he took, the votes that he 12 cast, and he was probably one of the more 13 collegial individuals that has served in this 14 chamber. That has been mentioned over and over 15 again. 16 I had the occasion of carrying a 17 bill in the very formative years in my career. 18 It was a bill I really didn't want to carry, but 19 my counsel in the 11th hour talked me into. It 20 was the first time the Ag and Markets law had 21 been amended in 49 years to put in dog control 22 laws and licensing of dogs. 23 There was a provision in that 11921 1 bill to provide for the first time for spaying 2 and neutering clinics. Those members who were 3 here at the time will be reminded of how Senator 4 Schermerhorn got up with great passion, and I 5 was at first surprised, but he meant everything 6 that he said. He made that bill one of the 7 three months controversial bills of this session 8 next to the death penalty and abortion, and he 9 railed that it was Medicaid for dogs, and I 10 stood here trying to explain that this was a 11 bill for the good of animals, but he believed in 12 his heart of hearts, and I'll tell you, it was 13 one of the toughest debates that I had. 14 That bill, when we passed it, I 15 think was a "E" -- a "D" or "E" print, and so 16 even though we had a great time here and 17 supported one another on many tough votes and 18 exchange of information, he was a very tough and 19 courageous individual, and this record is 20 certainly reflecting that, and I'm sure that 21 today, Dick Schermerhorn is looking down upon us 22 with a big smile and a great pride that he had 23 served in this chamber and the people of our 11922 1 great state. 2 ACTING PRESIDENT KUHL: Senator 3 Marchi, on the resolution. 4 SENATOR MARCHI: Mr. President, 5 the picture is unique in that every -- every 6 comment and every expression here today - 7 tonight, tallies perfectly because of the 8 consistency that characterized Dick 9 Schermerhorn. 10 I had notice of his funeral, and 11 I was at the very time that he had the funeral, 12 I was speaking at the funeral of my closest 13 friend growing up and was unable to be there 14 personally, as I would have wanted to be, but I 15 shared so many moments with him over the years. 16 He spent 23 years, I shared moments with him in 17 each of those years. 18 I remember the help that he gave 19 me with some problems that I had at Stewart Air 20 Force Base and other difficulties that had 21 cropped up, and he was absolutely in total - 22 and totally faithful to himself and to his 23 principles. He's a patriot, a man of compassion 11923 1 and love, all at the same time. There was 2 nothing wishy-washy about him. You wouldn't - 3 you wouldn't find him straddling or just on two 4 sides of a question. 5 His spirit was strong, his 6 attachment and his loyalty and his service to 7 his own -- to himself. He was true in a manner 8 in which I've known very few individuals in my 9 life. 10 We mourn his passing and we 11 certainly express our sorrows to his family in a 12 most heartfelt way. It's been characteristic of 13 every remark that I've heard this evening. 14 ACTING PRESIDENT KUHL: Senator 15 Leichter, on the resolution. 16 SENATOR LEICHTER: Yes, Mr. 17 President. Thank you. 18 I, too, want to make my fare 19 wells to Dick Schermerhorn. I really liked 20 Dick. I think as those of you who served with 21 Dick and me know, there probably could be no 22 greater philosophical gulf than between Dick 23 Schermerhorn and myself, but we really got along 11924 1 very well, because Dick was so easy to like and 2 Dick was so friendly, and Dick liked to help. 3 I'll always remember one time my 4 car broke down on the Thruway, must have been, I 5 don't know, 11:00, 12:00 o'clock at night and 6 was coming back next week, I mentioned it to 7 Dick and he said, "Why didn't you call me? You 8 were near where I was. You got to call me when 9 things like that happen and I would have come 10 down and helped you." You could tell he was 11 really frustrated that he didn't have a chance 12 to help, and that's what Dick was really like. 13 That's what moved him, what motivated him. 14 There was no pretense about 15 Dick. He never took himself seriously. Sure, 16 he was a Senator, and so on, but he was so easy 17 in his ways. There was a humility and a humble 18 necessary that came to him just because he was 19 natural. He was himself at all times. But he 20 would -- he could also be, as we know, a very 21 feisty person. He was certainly an individual 22 and, as you think back of the people that you 23 served with and people come to mind because they 11925 1 stand out by force of their character, their 2 personality, what they did, certainly Dick 3 Schermerhorn was one of them. 4 I didn't realize how much I 5 missed Dick but two years ago at the Senate Club 6 he was there, and I felt so good. It was just 7 so good seeing him, and I gave him a big hug, 8 and I know it hasn't been easy for him these 9 last few years, but he's earned our respect and 10 he's earned our thanks for being such a good 11 colleague and he earned the thanks of the people 12 of New York State because he carried out his 13 duties as he saw them honestly, faithfully. I 14 will really miss him. 15 Thank you. 16 ACTING PRESIDENT KUHL: Senator 17 Saland. 18 SENATOR SALAND: Thank you, Mr. 19 President. 20 The various characterizations of 21 Dick Schermerhorn that I've heard today from so 22 many of my colleagues certainly ring true. 23 Terms like being a "stand-up guy", "forthright", 11926 1 "courageous". 2 I first came to know Dick when I 3 entered the Assembly in 1980, a minority 4 Assemblyman, marginal one at that who had come 5 up in a special election and had a big bull's 6 eye on his back in his next race, and Dick was 7 one of my Senators. I represented a portion of 8 Ulster County at that time in the Assembly and 9 did so from 1980 through 1982 and, in all 10 candor, not knowing him and being a marginal 11 freshman, I was somewhat taken back by the 12 prospect of meeting him, and he being in the 13 majority and me being in the minority, and him 14 being a man of some renown in the Hudson Valley 15 at the time, and I must tell you that from the 16 very first moment I met him, he treated me as a 17 colleague, an equal. 18 He treated me most generously, 19 most decently, even to the point where when 20 there were things to discuss at times, he 21 volunteered to do what to me seemed to be almost 22 the impossible. He would come to the Assembly 23 chamber instead of summoning me to the Senate 11927 1 chamber. He was, in every sense of the word in 2 every contact I had with him, a gentleman, a 3 very caring and decent man, a man who was truly 4 one of the most direct -- and not in a harsh or 5 inappropriate way -- people I've ever known, a 6 man who at every step of the way would be there 7 to help you, would reach out for you if you 8 needed it. 9 It was my, certainly, honor to 10 have had the opportunity to have served with him 11 and I certainly hope that wherever he is, the 12 Lord will take care of him and be kind as kind 13 can be. 14 ACTING PRESIDENT KUHL: Senator 15 Johnson, on the resolution. 16 SENATOR JOHNSON: Mr. President, 17 I'd like to add my voice to those who are remin 18 iscing about our good friend, Dick Schermerhorn. 19 Before I was elected, Mr. President, I had seen 20 Dick. He had a way getting the attention of the 21 people on certain issues, and having his remarks 22 and his photograph published even on Long Island 23 in some of our local papers, and when I got up 11928 1 here I was very pleased to meet him and found 2 out that not only did I have a lot in common 3 with him, but I was going to sit in the same row 4 with him along with Senator Trunzo, Senator 5 Warder and we had many good conversations, and 6 people have said a lot of things about him and I 7 concur in all the good remarks about what a 8 stand-up guy he was and how he had his opinions 9 and no one would sway him, and he fought like a 10 terrier for his convictions and the things he 11 believed in. 12 I -- to some extent, I hope I've 13 modeled myself on him because I know he's made 14 an impact on my life and a salutory impact on 15 the policies of this state, and so I'm going to 16 miss my friend, our friend, Dick, and I'll 17 always have fond memories of him and the way he 18 conducted himself in this chamber. 19 ACTING PRESIDENT KUHL: The 20 question -- excuse me. Senator Onorato. 21 SENATOR ONORATO: Mr. President, 22 I rise to join my colleagues in paying a special 23 tribute to a person that I was privileged to 11929 1 serve with in this chamber and spend many an 2 enjoyable afternoon and evening with, Dick 3 Schermerhorn, and I'd like to recall an incident 4 that proved how tenacious Dick Schermerhorn was 5 in everything that he did, not only in this 6 chamber but out of the chamber. 7 We got finished early one 8 afternoon, and Dick in his knowing way looked 9 over to me and simply nodded his head, and I 10 knew exactly what he had in mind, and I said, 11 "I'm ready, I have nothing else to do." He 12 says, "Follow me home," he says, "I got to pick 13 up something." So we went home, and Rosemary 14 was finishing up her chores, finishing up a 15 story she was writing and, before we left, she 16 -- Rosemary, she said, "Dick, would you do me a 17 favor, please? Would you close the window? It's 18 stuck." Dick says, "O.K., he says, "I'll take 19 care of it." So he goes in there. All of a 20 sudden, we hear a scream. Dick couldn't get the 21 window down; it was so stuck that he slammed it 22 down on his finger on his right hand and there 23 was the middle finger, it was bleeding 11930 1 profusely, so Rosemary says, "We better get him 2 to a doctor." He says, "To hell with the 3 doctor, don't tell me about the doctor." He 4 says, "Get me a rag," he says, "I got to go play 5 some golf." 6 So we put a piece of bandage on 7 it, went to the golf course with Johnny Hausen, 8 myself, and I don't remember who the fourth was 9 but, as luck would have it, I was his partner 10 that day and with each time he swung at that 11 ball you could actually see that finger 12 throbbing, puffing up, and it started bleeding 13 again on him. No matter what we said he had to 14 continue on playing. Well, I happened to be on 15 a little bit that day, I was only able to carry 16 him for nine holes but on the back nine, we got 17 slaughtered, so he says, after this -- after the 18 18 was over, I says, "Well, come on, Dick, let's 19 go back and get this thing taken care of." He 20 says, "No, no, we got to stop for a drink." We 21 had our drink. He says, "Come on now, we got to 22 go home. I promised Rosemary we'd go out to 23 dinner." So we went out on the Ocean's Eleven, 11931 1 we had dinner and, after dinner, I think Dick 2 just about passed out. He finally acquiesced to 3 let us take him to the doctor, and I think he 4 had a compound fracture of that finger. 5 But this is the way he was in 6 life on everything that he did. He did it with 7 gusto and everybody in this chamber who knew 8 Dick was a better person for it and, Rosemary, I 9 want you to know that he was well, well loved in 10 this chamber and, if there's anything that we 11 can do for you to make your life a little 12 easier, don't ever hesitate to call on us. 13 ACTING PRESIDENT KUHL: Senator 14 Connor, on the resolution. 15 SENATOR CONNOR: Thank you, Mr. 16 President. 17 Dick Schermerhorn was -- was one 18 of a kind. While there are many, many fond 19 memories of Dick, I think back to my freshman 20 months here and I say months, because I was 21 elected in February in a special election, 22 immediately made the ranking minority member on 23 the Civil Service and Pensions Committee which 11932 1 -- actually which I was until last December, 2 and Dick was the chairman. 3 We had a couple of meetings and I 4 got to know him a bit and, you know, he was very 5 helpful to a freshman, and oh, about April of 6 that year many of you know, I still am 7 privileged to represent Williamsburg in 8 Brooklyn, one of the groups there, the Satmar, 9 the head Rabbi sent for me on a Sunday. The new 10 Senator came in, he said, "Here, our lawyers 11 prepared this bill, and you and Harvey Strelsin 12 are going to carry it and pass it. Please take 13 it to Mr. Strelsin and pass it." 14 I'm here eight weeks, I'm a 15 Democrat in a Republican house, and I'm thinkin' 16 Jeez, I got to pass this, you know. I got a 17 primary election already in progress. How am I 18 going to do this? So we introduced the bill, 19 Harvey introduced it and I introduced it and it 20 was actually for something in Dick's district 21 but for whatever political or strategic reasons 22 it was given to me to carry, I think Senator 23 Larkin might understand, the village of Kiryas 11933 1 Joel, public housing authority and we got to the 2 final few days of the session, and I'm thinkin', 3 how am I going to move this bill? I'm a 4 freshman. 5 We're here the last day of 6 session, I don't know. We didn't start as 7 promptly as we do now, that's for sure, but in 8 those days Billy Conklin was the deputy, they 9 used to lock the door, we were all locked in. 10 So we started off the day locked in, and outside 11 -- actually, I know it wasn't on a Saturday I 12 can assure you that, it may have been a Sunday 13 or Monday, because outside were a number of 14 rabbis and they sent in word for me, and I went 15 out there and they said, you know, "You got to 16 pass this bill." I says, "The bill. We're 17 workin', we're workin' on it," and I had no more 18 idea how to pass a bill and they said, "Talk to 19 Schermerhorn, talk to Schermerhorn, he'll help." 20 So Dick was out on the golf course. I found one 21 of his staff members. I said, "Where is Senator 22 Schermerhorn?" "Don't worry, he'll be along. 23 Don't worry, he'll be along," and hot, the day 11934 1 is ticking on, you know, and I'm thinking, Oh, 2 I'm dead, I mean I'm finished with these 3 important constituents with a primary coming up 4 and very cohesive voting block and, you know, 5 the grand rabbi wants me to pass this bill, and 6 how am I going to do this? I need Dick 7 Schermerhorn, and I'm -- minority counsel and 8 our counsel are talking to the counsels then and 9 all due respect to everybody's counsels then 10 somehow or other these, by reputation, counsels 11 ran the place, I think many people remember 12 that. There was some man I never heard of named 13 Haggerty, I was told I should go see him. He 14 was very respectful and basically shrugged like 15 who are you? Who are you? Yes, Senator, you 16 know, so what? 17 Where's Dick Schermerhorn? All 18 of a sudden, I hear a clanging outside because 19 messages have been sent for Dick, and I go 20 outside, there's a golf bag sitting in the hall 21 there, and he's in golf togs, and he turns to 22 somebody and says, "Give me a jacket," you know, 23 he takes the jacket off of somebody and puts it 11935 1 on, and all the rabbis are there around him 2 patting him on the back to do the bill, and he 3 comes in there with the jacket on basically in 4 golf clothes, and one of the senior counsels 5 goes by and Dick just grabs him by the collar 6 and says, "Come here. Why are you messin' 7 around with this bill? Now, go pass it." An 8 hour later the bill passed. 9 I learned something as a 10 freshman. Of course, I tried it the next year 11 myself, but it didn't work too well, but I'll 12 always remember that as like my first baptism, 13 so to speak, in the Senate. Thereafter Dick was 14 always a good friend. I learned that he was 15 indeed courageous; he stood up for what he 16 believed in, and he stood up when he had to to 17 his own party leadership. He always fought for 18 the people he represented and for what he felt 19 was right, and he was a kind man, certainly 20 loved his family. He certainly is a colleague I 21 shall miss, and I say to Rosemary, Dick was 22 really, really a special person, and I shall 23 never forget him. 11936 1 Thank you, Mr. President. 2 ACTING PRESIDENT KUHL: The 3 question is on the resolution celebrating the 4 life of Richard Schermerhorn. All those in 5 favor signify by standing and joining me in a 6 moment of silence and prayer for Richard 7 Schermerhorn. 8 (A moment of silence was 9 observed. ) 10 ACTING PRESIDENT KUHL: The 11 resolution is unanimously adopted. 12 SENATOR LARKIN: Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Larkin. 15 SENATOR LARKIN: Can we call up 16 Calendar Number 1558, by Senator LaValle, Senate 17 Print 5428A, page 4 on Senate Supplement Number 18 1. 19 ACTING PRESIDENT KUHL: Please 20 turn to Supplemental Calendar Number 1. I'll 21 ask the Secretary to read the title of Calendar 22 Number 1558. 23 THE SECRETARY: Calendar Number 11937 1 1558, by Senator LaValle, Senate Print 5428B, an 2 act to amend the Education Law, in relation to 3 establishing a statewide voting day for school 4 districts. 5 SENATOR LARKIN: Is there a 6 message at the desk? 7 ACTING PRESIDENT KUHL: There is. 8 SENATOR LARKIN: Move we accept 9 the message. 10 ACTING PRESIDENT KUHL: Motion is 11 to accept the message of necessity on Calendar 12 Number 1558. All those in favor signify by 13 saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 The message is accepted. 18 SENATOR LAVALLE: Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 LaValle, an explanation of Calendar Number 1558 21 has been requested by Senator Hoffmann. 22 SENATOR LAVALLE: Very briefly, 23 this bill creates a uniform -- uniform budget 11938 1 vote on school budgets throughout the state in 2 hopes to eliminate one of the factors that many 3 people feel reduces the participation in school 4 budget votes. 5 This vote -- this bill 6 establishes the third Tuesday in May for all 7 school districts throughout the state, and there 8 are some exceptions which I will talk about. 9 There is also a provision to have 10 the state Education Department starting the 11 1997-98 school year to provide for a plain 12 language format for the presentation of school 13 budget voting and how it's presented to the 14 electorate. 15 Currently, the cities of 16 Rochester and Syracuse vote in the November 17 general election. This -- this legislation 18 maintains the November general election budget 19 vote. Buffalo currently it's the first Tuesday 20 in May. This legislation would move it to 21 November in the general election. The Yonkers 22 has no change, and New York City no change. New 23 York City votes first Tuesday in May, and 11939 1 Yonkers has an appointed board, and that's 2 really -- it's -- the bill is very simple in its 3 purpose to get more people out to vote. 4 I think we maintain the integrity 5 in the cities where people wanted to maintain 6 the budget dates and that's basically it, 7 Senator Hoffmann and members of the body. 8 THE PRESIDENT: Read the last 9 section, please. 10 SENATOR STAVISKY: Madam 11 President. 12 THE PRESIDENT: Senator Stavisky. 13 SENATOR STAVISKY: Madam 14 President, I wonder if the sponsor would yield 15 to a question. 16 THE PRESIDENT: Senator LaValle. 17 SENATOR LAVALLE: Yes. 18 SENATOR STAVISKY: Senator 19 LaValle, aren't we being optimistic when we 20 establish a uniform budget date for approval by 21 the voters? There have been occasions, you will 22 recall, when we have not adopted the state's 23 portion of state aid promptly. What would 11940 1 happen in those cases? 2 THE PRESIDENT: Senator LaValle. 3 SENATOR LAVALLE: Thank you very 4 much for asking that question. One of the 5 things that we did is to look at when school 6 districts vote on budgets, and the third Tuesday 7 in May was chosen because the vast majority of 8 school districts throughout the state had 9 already voted on that point in time in years of 10 whether we have made that decision, the state 11 aid picture was complete or not. But one of the 12 ironies, if we take this very year, 1995 as a 13 good example, we probably had without the state 14 aid picture being resolved until first week in 15 June, we had the majority of the school 16 districts voting in the third Tuesday in -- in 17 May, and we had the vast, at least on Long 18 Island and I believe throughout the states, a 19 very high percentage of the budgets passing. 20 But the idea behind this is 21 really -- there are many, many factors that one 22 can bring up in why there isn't a greater 23 participation, and I thought I had qualified my 11941 1 remarks when I made them, that this is one of 2 several factors that we must take away in order 3 to increase the participation, and I think it's 4 very, very clear that if everyone knows that the 5 third Tuesday in May we're voting on school 6 budgets, it takes away "when is my district 7 going to vote," and we'll get a higher 8 percentage of people coming out to vote. 9 SENATOR STAVISKY: Madam 10 President. 11 THE PRESIDENT: Senator 12 Stavisky. 13 SENATOR STAVISKY: On the bill. 14 I wish I could share the optimism of the sponsor 15 of this bill. It would be wonderful if all the 16 school districts could act with assurance that 17 they have definitive information regarding state 18 aid. But that doesn't mean that we in the 19 Legislature or the Governor, for that matter, 20 will be prepared to give assurance of definitive 21 information regarding the apportionment of state 22 aid to the school districts, and that is a 23 troublesome aspect. 11942 1 It causes us and especially the 2 school districts to have to guess, to make 3 decisions in the dark, and that has been a 4 problem when we have been delayed and in most 5 assuredly if it is a problem for us, it is a 6 problem for the school districts that have to 7 vote on budgets and especially for the 8 constituents in districts where school budgets 9 have been approved by the voters. 10 If we were on time, if we gave 11 the definitive word before the state, then I 12 would say that this is an exemplary piece of 13 legislation, but because it takes three to tango 14 in Albany -- a Senate, an Assembly, a Governor 15 -- invariably with divided leadership with 16 regard to party, and even if it is not a 17 partisan issue, there are multiple pressures 18 from all parts of the state, rural districts, 19 suburban districts and obviously urban districts 20 as well, but in the urban districts there is not 21 necessarily a vote on the school budget, and so 22 they are competing with each other for what in 23 these times is a diminishing pot of state money 11943 1 that will presumably help to fund education in 2 their respective districts. 3 Over 700 school districts have to 4 make that decision, many by a vote of the 5 electorate, and I am not at all sanguine in 6 spite of the effort this year -- and it was a 7 reasonably good effort -- to bring about a 8 resolution close enough to May, but it still - 9 still came out in June, that we are not going to 10 give the school districts sufficient 11 information. 12 There is another feature which is 13 missing here, and that is not through your 14 committee but rather is through the Education 15 Committee headed by Senator Cook, and while we 16 have attempted to provide for a date in 17 November, I believe, for the Buffalo school 18 district, we have not yet done that for the city 19 of New York where the participation in that 20 system of voting has been very, very weak. In 21 fact, it is an embarrassment at times, and we 22 ought to understand that it may be the time has 23 come for us to move a bill, and I have sponsored 11944 1 a bill and any other member of the Legislature 2 having an interest in the New York City district 3 could sponsor a bill to move the date for 4 community school board elections to November, 5 and I would certainly urge that it become a 6 four-year term and that we use the off year when 7 there is no presidential election, when there is 8 not a gubernatorial election, when the 9 legislature is not elected and when the mayor 10 and the city council are not up for election. 11 That should have been reported out as a change, 12 a positive change, for the New York City elect 13 oral process. 14 I am not going to vote against 15 your bill, but I believe it important that we 16 take note of these limitations caused in part by 17 our own failure to act on time in accordance 18 with a schedule such as this. 19 THE PRESIDENT: Senator Marchi. 20 SENATOR MARCHI: Yes, Madam 21 President. I don't intend to oppose this 22 legislation, but I do hope that -- that you give 23 audience to what Senator Stavisky said. 11945 1 I have a legislation proposing a 2 separate district in Staten Island, and I 3 provide in that an election in November because 4 of the very poor turnout. Editorially it's 5 universally supported, I think, in New York City 6 and virtually every organization supports it, so 7 I certainly don't oppose this legislation, but I 8 hope that we pay more careful attention to that 9 factor affecting the city of New York which 10 doesn't fit quite comfortably in this format. 11 SENATOR JONES: Would the sponsor 12 just yield to one question, please? 13 THE PRESIDENT: Yes, Senator 14 LaValle. 15 SENATOR JONES: Senator, I know 16 we discussed it previously but just to have it 17 on the record, this would not affect Rochester 18 and Syracuse who currently vote for their school 19 board people in November, right? That would 20 stay the same; this wouldn't change that? 21 SENATOR LAVALLE: Senator, that 22 is absolutely correct. 23 SENATOR JONES: All right. Thank 11946 1 you. 2 THE PRESIDENT: Thank you. Read 3 the last section. 4 Oh, I'm sorry. Senator 5 Dollinger. 6 SENATOR DOLLINGER: Just on the 7 bill briefly, Madam President. 8 Earlier today I voted against the 9 takeover of a school district because I was 10 convinced that local school districts have the 11 power and authority to make the changes that we 12 were talking about changes, that they could make 13 them on their own. 14 I appreciate what Senator LaValle 15 is doing. I myself would love to see more 16 people vote in school board elections. My 17 school district, the one I happen to live in, 18 happens to go out of its way to barrage you with 19 more mail about the school board election. I 20 think, as I pointed out earlier, you get about 21 12- to 1500 people out of 30,000, but I go back 22 to a fundamental proposition. 23 Deciding what's in the best 11947 1 interests of the school boards ought to be left 2 to the local school boards. They tried to do 3 this in Monroe County and get an established 4 date. There were school boards that didn't want 5 to do it. Some didn't want to do it. I think 6 the judgment of what's in the best interest to 7 get voters out to school board election is a 8 decision that ought to be made by school 9 boards. I think we ought to leave it up to 10 them. We're going to tell them again what's in 11 their best interests. That's a mandate, that's 12 a direction to them from what we consider to be 13 the right thing to do here in these hallowed 14 halls of Albany. We have the power to do it. 15 It may be the right thing to do, but I just 16 happen to believe local control ought to be 17 local control, and deciding how you have the 18 vote and how you put the issues out and how you 19 get people to participate in your school dis 20 trict is something that is left, fundamentally 21 left to those seven to nine people that are 22 elected that are probably the closest level of 23 government that we have to the people. 11948 1 I'll be voting no, Madam 2 President. 3 THE PRESIDENT: Thank you, 4 Senator Dollinger. Read the last section, 5 please. 6 THE SECRETARY: Section 23. This 7 act shall take effect January 1. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: I think Senator 11 Dollinger wants to be recorded in the negative. 12 SENATOR DOLLINGER: I do. 13 THE SECRETARY: Ayes 56, nays 14 one, Senator Dollinger recorded in the negative. 15 THE PRESIDENT: This bill is 16 passed. 17 SENATOR LARKIN: Madam President. 18 THE PRESIDENT: Senator Larkin. 19 SENATOR LARKIN: I'd like to call 20 up Calendar 1559, by Senator Cook, Senate Bill 21 5435A, on Supplemental Calendar Number 1. 22 THE PRESIDENT: The Secretary 23 will read, please. 11949 1 THE SECRETARY: Calendar Number 2 1559, by Senator Cook, Senate Print 5435B, an 3 act to amend the Education Law and the Local 4 Finance Law, in relation to annual meetings. 5 SENATOR LARKIN: Is there a 6 message at the desk? 7 THE PRESIDENT: Yes, there is. 8 All those in favor of accepting the message 9 please signify by saying aye. 10 (Response of "Aye.") 11 All those opposed nay. 12 (There was no response. ) 13 Message is accepted. 14 SENATOR PATERSON: Explanation. 15 SENATOR COOK: Madam President, 16 this bill makes available to small city school 17 districts, not the big five, but the small city 18 school districts, the availability of having a 19 vote on their budgets in the same manner as 20 central school districts. 21 There is a manner prescribed in 22 which petition by ten percent of the voters 23 within the school district is required in order 11950 1 to form a referendum. A referendum is held on 2 the question of whether the budget ought to be 3 subjected to an annual vote of the voters within 4 the school district. Assuming the referendum is 5 passed, then the annual referendum is conducted 6 within the small city school districts in the 7 same manner, under the same conditions, under 8 the same results as it would be in a central 9 school district. 10 THE PRESIDENT: Thank you, 11 Senator. Read the last section, please. 12 THE SECRETARY: Section 29. This 13 act shall take effect on the 30th day. 14 THE PRESIDENT: Call the roll, 15 please. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 57. 18 THE PRESIDENT: The bill is 19 passed. 20 Senator Larkin. 21 SENATOR LARKIN: Madam President, 22 can we now call Calendar Number 950, by Senator 23 Saland, Senate Bill 3475A, on the original 11951 1 calendar. 2 THE PRESIDENT: On the original 3 calendar. Where is the original calendar? Oh, 4 here it is. Secretary will read. 5 THE SECRETARY: Calendar Number 6 950, by Senator Saland, Senate Print 3475A, an 7 act to amend the Family Court Act and the 8 Domestic Relations Law, in relation to service 9 of temporary orders of protection. 10 SENATOR LARKIN: Is there a 11 message at the desk? 12 THE PRESIDENT: Yes. All those 13 in favor of accepting the message please signify 14 by saying aye. 15 (Response of "Aye.") 16 Those opposed nay. 17 (There was no response. ) 18 The message is accepted. Read 19 the last section, please. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 60th day. 22 THE PRESIDENT: Call the roll, 23 please. 11952 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 57. 3 THE PRESIDENT: The bill is 4 passed. 5 SENATOR LARKIN: Madam President, 6 can we now call up Calendar 1576, by Senator 7 Smith, Senate Bill 3797B, on Supplemental Number 8 1. 9 SENATOR PATERSON: Explanation. 10 THE SECRETARY: Calendar Number 11 1576, by Senator Smith, Senate Print 3797B, an 12 act in relation to authorizing the city of New 13 York to sell waterfront property. 14 SENATOR LARKIN: Is there a 15 message at the desk? 16 THE PRESIDENT: Yes. All those 17 in favor of accepting the message, please 18 signify by saying aye. 19 (Response of "Aye.") 20 Those opposed nay. 21 (There was no response. ) 22 The message is accepted. Please 23 read the last section. Oh, there's a home rule 11953 1 message at the desk. 2 THE SECRETARY: Section 6. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll, 5 please. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 57. 8 THE PRESIDENT: The bill is 9 passed. 10 SENATOR LARKIN: Madam President, 11 is there any housekeeping there? 12 THE PRESIDENT: Is there any 13 housekeeping here? No, Senator Larkin. 14 SENATOR LARKIN: Madam President, 15 will you recognize Senator Hoblock. 16 THE PRESIDENT: Senator Hoblock. 17 SENATOR HOBLOCK: Madam 18 President, I believe there's a resolution at the 19 desk. 20 THE PRESIDENT: I'm sorry, I 21 didn't hear you. 22 SENATOR HOBLOCK: I believe 23 there's a resolution at the desk, Madam 11954 1 President. 2 THE PRESIDENT: Oh. Yes, there 3 is. The Secretary will read in its entirety. 4 SENATOR HOBLOCK: Please. 5 THE SECRETARY: By Senators 6 Hoblock and Farley and Bruno, Legislative 7 Resolution commemorating the life and career of 8 the "Dean of the New York State Assembly," the 9 Honorable Richard J. Conners. 10 WHEREAS, it is the sense of this 11 legislative body that those who give positive 12 definition to the profile and disposition of our 13 American manner, do so profoundly strengthen our 14 shared commitment to the exercise of freedom; 15 and 16 WHEREAS, attendant to such 17 concern and fully in accord with its long 18 standing traditions, it is the intent of this 19 legislative body to commemorate the life and 20 career of the "Dean of the New York State 21 Assembly," the Honorable Richard J. Conners, and 22 WHEREAS, former New York State 23 Assemblyman Dick Conners died Sunday, June 25, 11955 1 1995 at the Eddy Ford Nursing Home in Cohoes; he 2 was 85 years of age; and 3 WHEREAS, Dick Conners was 4 pre-deceased in 1986 by his beloved wife of 50 5 years, Margaret Egan Conners, who had served as 6 an appointed member of the Common Council when 7 he was away overseas serving our country during 8 World War II; and 9 WHEREAS, Dick Conners is survived 10 by three daughters, Mary Alice Conners Morgan of 11 Loudonville, Margaret Egan Conners Harrigan of 12 Albany and Maureen Conners Moriarty of Pebble 13 Beach, California; a son, Michael F. Conners II, 14 an Albany County legislator; eight grandchildren 15 and a great granddaughter; and 16 WHEREAS, the Reverend J. Rooney, 17 Sacred Heart's pastor, and a friend and confi 18 dante of Dick Conners for 40 years, administered 19 the sacraments of the Roman Catholic faith to 20 Dick Conners on Sunday morning; and 21 WHEREAS, Dick Conners was born in 22 the 21 Walter Street home of his parents, 23 Michael F. and Alice Walsh Conners, and was a 11956 1 lifelong member of the parish, Sacred Heart, 2 where he was a lector, a parish council member 3 and a major benefactor of this church; and. 4 WHEREAS, Dick Conners was known 5 as the "Dean of the Assembly" because of his 6 gracious style. At the end of his 16 years of 7 service, he held the record as the longest 8 tenured Assemblyman representing Albany in the 9 312-year history of the New York State Assem 10 bly; he served as a Democratic representative in 11 the Legislature from 1977 through 1992. Before 12 that, he was President of the Albany Common 13 Council from 1961 to 1976. He started his 51 14 year political career as Alderman of Albany's 15 9th Ward, having been first elected to the 16 Common Council on November 7, 1941, the same day 17 Erastus Corning 2nd was elected mayor of Albany, 18 serving in the same seat his father had held 19 from 1884 to 1888; and 20 WHEREAS, Dick Conners was very 21 proud of his Irish roots, his grandfather, 22 Daniel Conners, having immigrated to North 23 Albany at the time of the Great Famine; the 11957 1 Assemblyman was instrumental in setting up a 2 branch of the Irish-American Cultural Foundation 3 in Albany, helped establish the New York State 4 Irish-American Heritage Museum, supported 5 legislation which had New York State adopt the 6 McBride Principles (by which the state was 7 prohibited from investing in firms which had 8 demonstrated a history of discrimination in 9 Northern Ireland) and was considered an expert 10 on the life of colonial New York's Irish-born 11 colonial governor, Thomas Dongan, who 12 established the New York Assembly in 1683 and 13 granted New York City and the city of Albany 14 corporate charters in 1686. Dick Conners' 15 compilation of Dongan's accomplishments was 16 published in the 1975 Recorder by the American 17 Irish Historical Society; and 18 WHEREAS, William Kennedy, whose 19 novel about Albany, "Ironweed", earned a 20 Pulitzer Prize, was a close friend and former 21 North Albany neighbor of Dick Conners, who often 22 relied on him for invaluable background 23 information for his "Albany Trilogy" and other 11958 1 works; and 2 WHEREAS, Dick Conners attended 3 School 20, graduated from Christian Brothers 4 Academy in 1926, and attended Albany Business 5 College and Siena College. He was the former 6 president of the Michael F. Conners and Son 7 Insurance Brokerage, founded by his father in 8 1895 and still continuing one hundred years 9 later under the direction of his son, Michael F. 10 Conners II; and 11 WHEREAS, Dick Conners took a 12 leave of absence from his elective aldermanic 13 position to serve as an Army Technical Sergeant 14 during World War II and served as a 15 cryptographer in the Philippine Islands and 16 Pacific Theatre of Operations; and 17 WHEREAS, Dick Conners was a 18 baseball enthusiast; he was the on-field 19 announcer for the Albany Senators from the mid 20 1930s until 1954; he covered the professional 21 Eastern Baseball League as a stringer for the 22 Sporting News. He was the sports editor of the 23 Albany Evening Telegraph, a newspaper started by 11959 1 striking unions in the 1930s; he served as the 2 New York State American Legion baseball chairman 3 for over 30 years and was a chairman emeritus. 4 He had a perfect record of attendance at the 5 Hall of Fame games in Cooperstown, New York; and 6 WHEREAS, Dick Conners was a 7 lifelong member of the Albany County Board of 8 Health, as well as numerous civic and veterans 9 organizations including the 9th Ward Improvement 10 Committee, Kiwanis Club, North Albany American 11 Legion Post 1610, Veterans of Foreign Wars, the 12 Catholic War Veterans, First Friday Club, 13 Christian Brothers Academy Alumni, Albany 14 Chapter of the American Irish Cultural 15 Institute, Nocturnal Adoration Society, the 16 Basil's Table, Ancient Order of Hibernians, 17 Father Henry Tansey Division Number 1, Knights 18 of Columbus Council Number 173, Elks Lodge 49, 19 and the American Irish Legislators Society; and 20 WHEREAS, Dick Conners was a 21 trustee of the Albany Public Library System for 22 50 years and often described our nation's public 23 libraries as "the universities of the streets." 11960 1 In the New York State Assembly, Dick Conners was 2 keenly interested in veterans' affairs and the 3 concerns of older people. He had chaired the 4 Assembly Subcommittee on Veterans' Affairs. He 5 was the only chairman of the Assembly Veterans' 6 Affairs Committee during his tenure and was 7 responsible for the Veterans' Subcommittee being 8 evaluated to full committee status. He was 9 prime sponsor of a bill that extended the 10 statute of limitations for lawsuits filed by 11 Vietnam era veterans who experienced health 12 problems linked to Agent Orange. He was the 13 prime sponsor of the Veterans' Bill of Rights 14 which became law subsequent to his leaving 15 office; and 16 WHEREAS, Dick Conners was 17 especially sensitive to the needs of persons 18 with physical and mental disabilities and as a 19 member of the Assembly was prime sponsor of the 20 55 (b) and 55 (c) Civil Service Law which makes 21 it possible for such persons to fully 22 participate in state civil service employment; 23 and 11961 1 WHEREAS, the life of Dick 2 Conners' mirrors those prerogatives of personal 3 initiative and compassionate concern for others 4 so paradigmatic of our American manner; and 5 WHEREAS, with consummate 6 integrity and deep humility, Dick Conners, each 7 day of his elected life, manifested an abiding 8 love for public service; and 9 WHEREAS, with kindness to all and 10 a lack of concern for material possessions, Dick 11 Conners never lost track of who he was or where 12 he came from; he always viewed political life as 13 an opportunity to serve and not as a stepping 14 stone to associate with the rich and powerful or 15 to use for personal gain; and 16 WHEREAS, a memory to last for a 17 lifetime for those too numerous to count who 18 called Dick Conners their friend, a long walk 19 together filled with story telling and laughter, 20 with the firm grip of Dick's hand upon your 21 elbow for emphasis; such was the way of this 22 gentle American patriot, Dick Conners; and 23 WHEREAS, giving ever freely of 11962 1 his time and acquired experience he mentored a 2 generation of younger people who, having 3 received the benefit of his kind encouragement 4 and patient guidance, have progressed to higher 5 levels of public service in local and state 6 service and even service in the Congress of the 7 United States; and 8 WHEREAS, Dick Conners was the 9 recipient of literally hundreds of accolades of 10 gratitude from his fellow citizens for his civic 11 and humanitarian works and for the inspiration 12 he gave to all who would labor in public 13 service; and 14 WHEREAS, Dick Conners' public 15 awards, though too numerous to mention, include 16 The Four Chaplains Award, the Old Gang of Mine 17 Award, Honorary Membership in the 369th Veterans 18 Association, numerous American Legion Baseball 19 Awards, citations from veterans associations, 20 the service of whose members spanned the period 21 from World War I to the Vietnam era, as well as 22 countless awards from fraternal, civic, and 23 humanitarian organizations and an Honorary 11963 1 Doctorate in Humane Letters from the College of 2 St. Rose, Albany, New York; and 3 WHEREAS, through his long and 4 sustained commitment to the ideals and 5 principles upon which this beloved nation was 6 first founded, Dick Conners did so unselfishly 7 advance that spirit of united purpose and shared 8 concern which is the unalterable manifestation 9 of our American experience; and 10 WHEREAS, in the celestial night 11 of this beloved nation, a constellation is 12 grieving; there is a mosaic in mourning for a 13 fallen star, the Honorable Richard J. Conners, 14 "Dean of the New York State Assembly;" and 15 WHEREAS, the American orator, 16 Robert Ingersoll, once wrote these words 17 concerning the death of his brother: "If every 18 one to whom he had rendered some loving service 19 were to bring but one blossom to his grave, he 20 would sleep beneath a wilderness of flowers;" 21 and 22 WHEREAS, it is the sense of this 23 New York State Legislature that Richard J. 11964 1 Conners sleeps beneath a wilderness of flowers; 2 NOW, THEREFORE, BE IT RESOLVED 3 that this legislative body pause in its 4 deliberations to commemorate the life and career 5 of Richard J. Conners, "Dean of New York State 6 Assembly," fully confident in the living 7 providence of our Creator; and 8 RESOLVED, that copies of this 9 resolution, suitably engrossed, be transmitted 10 to his children, Mary Alice Conners Morgan, to 11 Margaret Egan Conners Harrigan, to Maureen 12 Conners Moriarty; and to Michael F. Conners, II, 13 31 Bonheim Street, North Albany, New York. 14 THE PRESIDENT: Senator Hoblock. 15 SENATOR HOBLOCK: Thank you, 16 Madam President. 17 I rise to talk about Dick Conners 18 an in support of the resolution in which we take 19 a moment to commemorate his life and career. 20 Earlier today many of us, members 21 of the New York State Legislature, attended the 22 service, the funeral service for Dick Conners, 23 and I suppose that if one can talk about a 11965 1 service as being beautiful, this was a very 2 beautiful service this morning. It was a 3 gorgeous day outside, the sun was shining, 4 temperatures were pleasant. There were numerous 5 people, hundreds of people from all walks of 6 life, representatives of veterans organizations, 7 people that have known Dick in various stations 8 in life, a number of public officials, a number 9 of members of the clergy, and the Bishop was 10 there. Dick's parish priest and the Bishop gave 11 a homily this morning, and it was quite 12 impressive. They talked about Dick's commitment 13 to life, his faith in his church and God, his 14 service to his community and his state, his 15 commitment to his wife, children, grandchildren 16 and great grandchildren. 17 Dick Conners was a very unusual 18 individual. When I first learned of his 19 passing, I made the comment that they probably 20 broke the mold. Dick Conners was an individual 21 that somewhere during the course of your life, 22 you would be grateful for meeting and becoming 23 one of his friends, for Dick was a true gentle 11966 1 man, and he was also a very gentle man, and what 2 was said this morning was somewhat impressive 3 because it hit me as we talk about politicians 4 and politics in 1995. 5 Dick Conners went through 51 6 years of public service, elective public service 7 and not once during those 51 years was there 8 ever a scan of evidence, talk or rumor about any 9 scandal, any impropriety, or indiscretion on the 10 part of Dick Conners. 11 Dick was a real people man. He 12 was successful in those 51 years because he 13 dealt with people on a day-to-day basis. Dick 14 was one of those old-time politicians that would 15 go to three or four wake services almost every 16 night. There wouldn't be a parade or a festival 17 or whatever that he would miss. 18 During approximately the last 17 19 years of his life, his wife's life -- she passed 20 away a few years ago -- she was an invalid and 21 she was home during the day with the necessary 22 help, and Dick, no matter where he was, would go 23 home at night, as tired as he was, a man in his 11967 1 70s, and he would read the newspaper to his wife 2 and bring her up to date on the events of the 3 day, and they may be discussing those events 4 until the early hours of the morning. Instead 5 of sitting down and watching TV or going to bed 6 or doing some of the other things that I'm sure 7 he wanted to do, he spent that time with his 8 wife Margaret. He was as devoted to his 9 children, his grandchildren and his great grand 10 children. 11 I remember when I first came into 12 the New York State Legislature in 1978 in a 13 special election, I knew Dick Conners but I 14 didn't know him that well. He was a member of 15 the other side of the aisle, and he was one of 16 the first people to greet me when I came into 17 the Assembly, extended that very warm hand of 18 his and offered whatever help and assistance I 19 needed during those very early months, and Dick 20 and I retained that friendship and built on that 21 friendship, personal and professional, through 22 all the years since. 23 Dick was a politician who would 11968 1 help his adversary as well as his friend. You 2 could disagree, but you would disagree in a 3 gentlemanly way. Those that have known Dick, as 4 I said before, can be gifted with knowing an 5 individual that we all try to emulate. He has 6 been sort of a mentor and a father to many of 7 us. 8 We're going to miss Dick. We're 9 going to miss what he was, what he stood for and 10 what I think we all strive for. 11 I'm sure he will, and I'm sure we 12 all hope that he now rests in peace. Thank you, 13 Madam President. 14 THE PRESIDENT: Thank you, 15 Senator Hoblock. 16 Senator Farley. 17 SENATOR FARLEY: Yes, I have to 18 rise to pay tribute to Dick Conners. 19 You know, we just spoke of the 20 passing of Dick Schermerhorn. I guess one of 21 the exciting things about serving in the 22 Legislature is serving with such unique people, 23 and Dick Conners was truly a unique man, and 11969 1 what a gentleman he was. He was the epitome of 2 the -- of the religious Irishman that loved his 3 wife and his children and his community and, 4 believe me, I saw -- I saw the funeral going by 5 this morning, and you would think it was a 6 national figure with the cars and the firemen 7 and the lights, and so forth, and the flowers 8 and his wake, I was there and with his three 9 daughters and his son. 10 What a beautiful man he was, and 11 he was a dear friend and Senator Bruno and I, 12 now Senator Hoblock and I, have to do the legis 13 lative days when you guys aren't around here, 14 and Dick Conners did them for years in the 15 Assembly. The Assembly was always different. 16 They open up their legislative days with a 17 prayer. I don't know, maybe you do, Mike, but I 18 never did. But Dick Conners was Irish 19 legislator of the year, I think the year that I 20 was, and it just seems so sad to see him fail in 21 the latter part of his life and -- but he was 22 always beloved by everybody on both sides of the 23 aisle, and I know that this Legislature is 11970 1 really going to miss him. 2 He was a beautiful man and a 3 wonderful legislator, and actually somebody that 4 Albany will not see the like of again. 5 THE PRESIDENT: Senator 6 Stavisky. 7 SENATOR STAVISKY: Before coming 8 to this chamber, I served with Dick Conners in 9 the New York State Assembly. I must say that 10 whoever drafted the memorial resolution today on 11 this occasion did a masterful job, for it has an 12 appropriate degree of respect, devotion and 13 accuracy regarding a very different and unique 14 kind of individual. 15 Yes, he was identified with 16 veterans' affairs. Yes, he was a staunch 17 advocate for the legislation creating some 18 compensation for the victims of Agent Orange and 19 he did this with a sense of pride in what 20 Americans of various ages in various wars have 21 done to safeguard our nation and enable our 22 country to survive challenges in generation 23 after generation. 11971 1 Whether it was a Memorial Day 2 parade or a veterans gathering or a junior 3 baseball celebration or a legislative event or 4 the Friendly Sons of St. Patrick, Dick Conners 5 was a part of the Albany scene, not in a 6 pretentious manner but in a very gentle and yet 7 especially dignified way. 8 I must say that I saw personal 9 evidence of his devotion to family. After a 10 grueling day's work -- and he was not a 11 youngster -- I would very often find Assemblyman 12 Conners doing shopping at a local supermarket 13 because he had the responsibility that he 14 accepted and exercised, to be of great 15 assistance in helping his dear wife deal with 16 the disabilities that afflicted her. 17 This was not for show. This was 18 done with love and affection, and I must tell 19 you, there were no photographers there. That 20 was a responsibility that he carried out without 21 fanfare and in addition to everything else he 22 did. He was a man for public affairs. He was a 23 man for family values, and I think all of us who 11972 1 served with him value that legacy that he left 2 us. 3 THE PRESIDENT: Thank you. 4 Senator Cook. 5 SENATOR COOK: Madam President, I 6 must take this occasion to say thank you to Dick 7 Conners for some things that he's done in my 8 life, and particularly around this Legislature 9 because there wasn't any particular real reason 10 why Dick Conners would have been helpful to me 11 except that he was always helpful to everyone. 12 We were the first joint chair 13 men of the veterans committees when they became 14 -- went from being subcommittees to being full 15 committees, and Dick was so involved in 16 veterans' affairs that he was a real mentor for 17 me, helped me in numerous ways to understand 18 what the issues were, to sort of guide me along, 19 and we did some things together during those - 20 during that very first year that I was chairman 21 of that committee, that I never could have done 22 if it hadn't been for Dick. 23 But perhaps even more moving to 11973 1 me was the fact that I, at a time prior to that 2 when I represented four towns in Albany County 3 in the Assembly, and Dick was, of course, the 4 Senator from -- or the Assemblyman from the city 5 of Albany. He was a Democrat and, therefore, a 6 member of the majority. I was a Republican 7 trying to represent four towns of Albany County 8 and to be representative of the concerns of the 9 folks out there and, of course, it was very 10 difficult sometimes, and I found that Dick 11 Conners would appear at my door and say, you 12 know, "Charlie, is there anything we can do to 13 help the folks out in the Hilltowns," and I 14 would tell him what we needed and Dick Conners 15 would make sure that it happened and he did it. 16 He did it in a way that reflected the credit on 17 me, not on himself, and he made sure that 18 whatever needed to get done was done for the 19 folks who lived out in the Hilltowns even though 20 he didn't represent them, he represented the 21 city, and I really will always be grateful and 22 always remember him for that kind of an attitude 23 that he always carried. 11974 1 THE PRESIDENT: Thank you, 2 Senator Cook. 3 Senator Sears. Oh, I said the 4 wrong person. Senator Leibell. I'm sorry. 5 SENATOR LEIBELL: It's O.K. Madam 6 President, I'm just going to briefly add my 7 comments to the many words that have been 8 already spoken about Dick Conners. As someone 9 who served for six terms in the Assembly and in 10 the Minority, I want to point out that Dick was 11 someone who was most gracious to anyone who came 12 into that chamber, whether you were of his party 13 or of another party. 14 He was a person who, as was 15 noted, set a tone and an example for everyone 16 else who served in that chamber. For those of 17 us who are veterans, he particularly - 18 particularly strong and kind and gave us extra 19 encouragement, I always felt. 20 He was an outstanding family 21 man. He set a strong example by his religious 22 beliefs. As all of us who served over there 23 recall, on all the religious holidays, it was 11975 1 always Dick Conners who stood up in the Assembly 2 chamber and advised all of us where religious 3 services would be, regardless of what our faith 4 might be. 5 He is the finest sort of person 6 that is a member of our Legislature. I join 7 with my colleagues. I'll miss Dick Conners a 8 great deal. He was a great legislator, a great 9 man, great American. May he rest in peace. 10 THE PRESIDENT: Thank you, 11 Senator Leibell. 12 Senator Hoffmann. 13 SENATOR HOFFMANN: Just very 14 briefly, Madam President. 15 Dick, in one of his many generous 16 moves, did something totally unexpected. The 17 first or second year that I was here, I had the 18 good fortune to sponsor a piece of legislation, 19 sponsor a budget appropriation through the 20 member item process, that has since become a 21 euphemism in this state for "pork barrel" 22 spending. 23 I didn't know when the good 11976 1 people of Rome, New York, asked me to help them 2 save a cheese factory and convert it into a 3 museum, that it would become the butt of many 4 jokes led by Governor Cuomo and virtually every 5 media outlet in this state. The cheese museum 6 seemed to symbolize what was wrong with our 7 budget process here. But Dick Conners, when he 8 saw the initial flurry of negative comment 9 lampooning the cheese museum, went to the 10 trouble to find out what it really was and, to 11 my complete amazement, he wrote a lovely letter 12 to the editor explaining that the cheese museum 13 was needed by the good people in Rome, New York 14 who had lost so much of their manufacturing, 15 that it was in fact a viable entity and it was 16 deserving of state funding. 17 What made it all the more 18 remarkable was that he was in the other house. 19 He served in the Assembly, I was in the Senate 20 and we barely knew each other, but it was one of 21 those things that just sort of got under his 22 skin, and he had enough respect for this process 23 and for this legislative tradition that he 11977 1 wanted to personally set the record straight 2 where he felt the public was uninformed on a 3 matter where another colleague had made an 4 earnest effort to try to do the right thing. 5 So I was totally surprised and 6 greatly humbled that Dick Conners took the time 7 to put pen to paper and write one of the few 8 letters, as it turns out, in support of the 9 famous New York State Museum of Cheese. But 10 that indicated the unselfish way that he 11 regarded his colleagues, and I will always 12 appreciate it. 13 THE PRESIDENT: Thank you, 14 Senator Hoffmann. 15 The question is on the 16 resolution. All those in favor signify by 17 saying aye. 18 (Response of "Aye.") 19 Those opposed nay. 20 (There was no response. ) 21 The resolution is passed. 22 Senator Larkin? Senator 23 Oppenheimer. 11978 1 SENATOR OPPENHEIMER: Thank you. 2 I just want to be recorded in the negative on a 3 bill, with unanimous consent, on Calendar Number 4 1558. 5 THE PRESIDENT: Without 6 objection. 7 SENATOR OPPENHEIMER: Thank you, 8 Senator Larkin. 9 SENATOR LARKIN: There will be an 10 immediate meeting of the Rules Committee in Room 11 332, the Majority Conference Room. 12 Madam President, at this time 13 would you call up Calendar 1466, by Senator 14 Velella, which is on the members' desks earlier 15 today. 16 THE PRESIDENT: There will be an 17 immediate meeting of the Rules Committee in Room 18 332. 19 The Secretary will read. 20 THE SECRETARY: Senator Velella 21 moves to discharge from the Committee on Rules 22 Assembly Bill Number 8350 and substitute it for 23 the identical Calendar Number 1466. 11979 1 THE PRESIDENT: Substitution 2 ordered. 3 THE SECRETARY: Calendar Number 4 1466, by the Assembly Committee on Rules, 5 Assembly Print 8350, an act in relation to 6 authorizing the public sale of taxicab licenses 7 in the city of New York. 8 SENATOR LARKIN: Madam President, 9 is there a message at the desk? 10 THE PRESIDENT: Yes, there is. 11 SENATOR LARKIN: Move we adopt 12 it. 13 THE PRESIDENT: All those in 14 favor have adopting the message signify by 15 saying aye. 16 (Response of "Aye.") 17 All those opposed signify by 18 saying nay. 19 (There was no response. ) 20 The message is accepted. Can we 21 have a little order. 22 There's a home rule message at 23 the desk. Read the last section, please. 11980 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll, 4 please. 5 (The Secretary called the roll. ) 6 THE PRESIDENT: Results. 7 THE SECRETARY: Ayes 57. 8 THE PRESIDENT: The bill is 9 passed. 10 SENATOR LARKIN: Madam President. 11 THE PRESIDENT: Senator Larkin. 12 SENATOR LARKIN: Would you call 13 up now Calendar Number 737 on the original 14 calendar, Senator Stachowski's bill, Senate Bill 15 Number 1671B, page 4 on the original calendar. 16 THE PRESIDENT: Right. The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 737, by Senator Stachowski, Senate Print 1671B, 20 an act to amend the General Municipal Law, in 21 relation to authorizing the creation of certain 22 bureaus. 23 THE PRESIDENT: Read the last 11981 1 section. 2 SENATOR LARKIN: Is there a 3 message at the desk? 4 THE PRESIDENT: Yes, there is. 5 All those in favor of accepting the message 6 signify by saying aye. 7 (Response of "Aye.") 8 Thank you. 9 All those opposed nay. 10 (There was no response. ) 11 THE PRESIDENT: The message is 12 accepted. Read the last section, please. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll, 16 please. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 57. 19 THE PRESIDENT: The bill is 20 passed. 21 SENATOR LARKIN: Madam President. 22 THE PRESIDENT: Senator Larkin. 23 SENATOR LARKIN: Now call up 11982 1 Calendar Number 1424, by Senator Goodman, Senate 2 Print 5389A, on the original calendar on page 3 7. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: Calendar Number 7 1424 by Senator Goodman, Senate Print 5389A, an 8 act to authorize the conveyance of certain lands 9 to the Brooklyn Academy of Music. 10 THE PRESIDENT: Read the last 11 section, please. What's the problem? 12 SENATOR LARKIN: Is there a 13 message at the desk? 14 THE PRESIDENT: Yes. All those 15 in -- all those in favor of accepting the 16 message signify by saying aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response. ) 20 The message is accepted. Read 21 the last section, please. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 11983 1 THE PRESIDENT: Call the roll, 2 please. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 57. 5 THE PRESIDENT: The bill is 6 passed. Thank you. 7 SENATOR LARKIN: Madam President, 8 we call up Calendar 1285. Bills are on the 9 desk. 10 THE PRESIDENT: Secretary will 11 read. 12 THE SECRETARY: Calendar Number 13 1285, by Senator Hannon, Senate Print 5026B, an 14 act to amend the Executive Law, in relation to 15 enacting the engineers' and architects' "Good 16 Samaritan Act". 17 SENATOR LARKIN: Is there a 18 message at the desk? 19 THE PRESIDENT: Yes. All those 20 in favor of accepting the message, please 21 signify by saying aye. 22 (Response of "Aye.") 23 Those opposed nay. 11984 1 (There was no response. ) 2 The message is accepted. Read 3 the last section, please. 4 THE SECRETARY: Section 2. This 5 act shall take effect January 1st. 6 THE PRESIDENT: Call the roll, 7 please. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 57. 10 THE PRESIDENT: The bill is 11 passed. 12 Senator Larkin. 13 SENATOR LARKIN: Madam President, 14 is there any housekeeping at the desk? 15 THE PRESIDENT: No. I don't do 16 housekeeping. 17 SENATOR LARKIN: We're not 18 finished yet. 19 SENATOR LARKIN: Madam President, 20 I believe there's a privileged resolution at the 21 desk, by Senator Paterson. Please call on 22 Senator Paterson. 23 THE PRESIDENT: Yes, there is. 11985 1 Secretary will read. 2 THE SECRETARY: By Senators 3 Connor and Paterson, Legislative Resolution 4 paying tribute to the purposeful life and 5 accomplishments Emma Shade Galiber. 6 WHEREAS, it is with profound 7 sorrow that this assembled body representing the 8 people of the state of New York is moved this 9 day to pay tribute to an eminent lady of 10 indomitable faith and dedication, whose 11 purposeful life and accomplishments will forever 12 stand as a paradigm and inspiration for others; 13 and 14 WHEREAS, Emma Shade Galiber was 15 born on February 4, 1924 in New York City, the 16 daughter of Ruby Purcell Shade and John A. 17 Shade; and 18 WHEREAS, a lifelong resident of 19 New York, Emma Galiber attended George 20 Washington High School, graduated from Hunter 21 College and earned a Master's Degree in Social 22 Work from Fordham University. Preparations made 23 in earnest for a life and career of serving the 11986 1 needs of others, her professional endeavors 2 which spanned 30 years and covered a broad 3 spectrum of the field of social work enabled her 4 to bring comfort and support to the many lives 5 she touched; and 6 WHEREAS, a lifelong member of St. 7 Augustine Church and a board member of the Bronx 8 Center for Independent Living Housing 9 Development Corporation, Emma Shade was married 10 in 1946 to Joseph L. Galiber, and the couple 11 were blessed with two children, Pamela Susan and 12 Ruby Diane. A warm and loving family later to 13 be enriched by a granddaughter, they would bring 14 boundless joy and comfort to her retirement 15 years; and. 16 WHEREAS a woman of quiet and 17 modest demeanor, Emma Galiber was nonetheless 18 fiercely dedicated to her family and unalterably 19 committed to a life of service and causes of 20 good purpose. Her joy, patience, intellect and 21 warmth revealed her compassionate nature and 22 love of life, and warmed all who had the 23 privilege of knowing her; and 11987 1 WHEREAS, the life of and career 2 of Emma Shade Galiber has given radiant 3 testimony to the ideals of love, honor, 4 benevolence and service, and her memory will 5 continue to shine forth as a beacon for all who 6 would aspire to a life of purposeful 7 fulfillment; 8 NOW, THEREFORE BE IT RESOLVED 9 that this legislative body pause in its 10 deliberations to pay tribute to the memory of a 11 preeminent woman of goodness and faith whose 12 quiet elegance belied her inner strength and 13 purity of purpose, paying reverent tribute to 14 her distinguished life and career and expressing 15 its heartfelt condolences to her beloved 16 husband, Joseph Galiber, her daughter Ruby 17 Diane, son-in-law, Carl, and grandchildren 18 Sierra and Pamela; and 19 BE IT FURTHER RESOLVED that 20 copies of this resolution, suitably engrossed, 21 be transmitted to the family of Emma Shade 22 Galiber. 23 THE PRESIDENT: Thank you. 11988 1 Senator Paterson. 2 SENATOR PATERSON: Madam 3 President, Senator Connor and I would be willing 4 to open this resolution for all sponsors who 5 would care to join us, and I offer that in the 6 memory of Emma Galiber who distinguished herself 7 as a noted social worker and member of the Bronx 8 Independent Living Center and also member of St. 9 Augustine Church in the Bronx, but was best 10 known to us through her assistance to her 11 husband, Joseph Galiber. Of course, I saw her 12 here right in this chamber assisting Joe when he 13 came back from a very serious illness that he 14 continues to recuperate from, and unfortunately 15 all the times I talked to her I talked about his 16 health and assured her that I would try to be of 17 assistance to him. I can't help but think about 18 why I never asked her how she was feeling, and I 19 guess it's indicative of those individuals who 20 give so much of themselves to others that maybe 21 they're giving a little more than we first would 22 recognize. 23 And so, for this person who was 11989 1 distinguished particularly in her kind of quiet 2 strength that she gave to all her friends and to 3 Joe, we mourn her passing and already miss her 4 very much. The 19th Century poet, Blake, once 5 wrote: Find your love in another's care, and I 6 think that is probably the most radiant 7 testimonial to Emma Galiber that we could think 8 of. 9 Thank you. 10 THE PRESIDENT: Thank you, 11 Senator Paterson. 12 The question is on the -- oh, I'm 13 sorry. Senator Cook. 14 SENATOR COOK: Madam President, I 15 feel like I'm jumping up on everybody today, but 16 I also feel indebted to people, and I feel like 17 I ought to acknowledge that Mrs. Galiber was 18 just such a fine person, that I had one occasion 19 when a foster child who was -- had come from 20 Joe's district, was living in my district and 21 had a problem and I contacted Joe's office and 22 Mrs. Galiber got in contact with me, got in 23 contact with the family back in the district, 11990 1 resolved the situation, didn't resolve the 2 situation but at least took care of the 3 situation at the moment, and did it with such 4 grace, and I just had to again say thank you to 5 her for that and for all the other ways that she 6 was always such a gracious person whenever you 7 encountered her. 8 THE PRESIDENT: Thank you. 9 Senator Stachowski. 10 SENATOR STACHOWSKI: Madam 11 President, I too would like to rise and just say 12 a few words about Emma Galiber. 13 She was a wonderful person if you 14 did get to know her. She was a real joy, very 15 quiet. I lived a few doors away from Joe and 16 Emma here in Albany down the street on Hudson, 17 and often you'd see them walking at night after 18 they'd gone to dinner and it was such a joy to 19 see a couple that were so much attached to one 20 another that they would be at work together, you 21 know, you'd see them at dinner together or you 22 had the joy of being in company with them at 23 dinner together and then to catch on those 11991 1 nights when they'd just be walking hand in hand 2 down the street. It was a joy to see them, and 3 I'll miss Emma Galiber, and I know obviously Joe 4 will and, as Senator Paterson said, we're also 5 concerned with Joe's health this year. I don't 6 know that any of us took time to step back and 7 wonder how Emma was doing, and I think that 8 maybe, quite unfortunately, it was all the 9 problems that Joe had to suffer through this 10 year that maybe were just a little bit too much 11 for Emma, and we're all very sad at her passing 12 but glad that we had the time that we did to 13 spend with her. 14 THE PRESIDENT: Thank you. 15 Senator Larkin. 16 SENATOR LARKIN: Madam President, 17 I'd like to ask that we put every member on it 18 except those who might indicate they would not 19 want on it. 20 Madam President, we'd now like to 21 call a meeting of the Finance Committee. 22 THE PRESIDENT: Well, shall we 23 adopt the resolution first? 11992 1 SENATOR LARKIN: Adopt the 2 resolution first. 3 THE PRESIDENT: On the 4 resolution, all those in favor signify by saying 5 aye. 6 (Response of "Aye.") 7 Those opposed nay. 8 (There was no response.) 9 The resolution is adopted. 10 Senator Larkin. 11 SENATOR LARKIN: There will be an 12 immediate meeting of the Finance Committee in 13 Room 332, the Majority Conference Room. 14 THE PRESIDENT: An immediate 15 meeting of the Finance Committee in Room 332. 16 Hope the Rules Committee makes room. 17 Senator Larkin. 18 SENATOR LARKIN: Madam President, 19 can we return to reports of standing committees, 20 report of the Finance Committee. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: Senator Stafford, 11993 1 from the Committee on Finance, reports the 2 following nomination: John B. Daly, of Lewiston, 3 trustee of the Power Authority of the state of 4 New York. 5 THE PRESIDENT: Thank you. The 6 question is on the confirmation of John B. Daly 7 as a trustee of the Power Authority of the state 8 of New York. 9 All those in favor signify by 10 saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response. ) 14 John B. Daly is hereby confirmed 15 as a trustee of the Power Authority of the state 16 of New York. 17 The Secretary will read. 18 THE SECRETARY: Senator Stafford, 19 from the Committee on Finance, reports the 20 following nomination: Alan B. Friedberg, of New 21 York City, member of the Metropolitan 22 Transportation Authority. 23 THE PRESIDENT: The question is 11994 1 on the confirmation of Alan B. Friedberg, of New 2 York City, as a member of the Metropolitan 3 Transportation Authority. 4 All those in favor signify by 5 saying aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 Alan B. Friedberg is hereby 10 confirmed as a member of the Metropolitan 11 Transportation Authority. 12 SENATOR SEWARD: Madam 13 President. 14 THE PRESIDENT: Oh, Senator 15 Seward. 16 SENATOR SEWARD: Yes, Madam 17 President. I would ask unanimous consent to be 18 recorded in the negative on two bills which 19 passed earlier today while I was outside of the 20 chamber: Calendar Numbers 755 and 1588. 21 THE PRESIDENT: Without 22 objection. 23 SENATOR SEWARD: Thank you. 11995 1 THE PRESIDENT: Senator Bruno. 2 SENATOR BRUNO: Madam President, 3 can we return to reports of standing committees? 4 Please read the Rules report at the desk. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, reports the 9 following bills: 10 Senate Print 1127, by Senator 11 LaValle, an act to amend the Education Law, in 12 relation to votes on school taxes; 13 3294, by Senator Leibell, an act 14 to amend the Real Property Tax Law, in relation 15 to authorizing the town of Bedford; 16 3759B, by Senator Spano, an act 17 to amend the Workers' Compensation Law; 18 4988B, by Senator Saland, an act 19 to amend the Judiciary Law and others, in 20 relation to making technical amendments; 21 5269, by Senator Dollinger, an 22 act to provide for the alteration of the 23 boundaries of the Brighton Fire District; 11996 1 5344A, by Senator Johnson, an act 2 to amend the Social Services Law and the 3 Criminal Procedure Law, in relation to 4 reinvestigation; 5 5381A, by Senator LaValle, an act 6 to amend the Tax Law, in relation to the 7 applicability of prepaid motor fuel taxes; 8 5438, by Senator Velella, an act 9 to amend the Retirement and Social Security Law 10 and others, in relation to abolishing the New 11 York City Transit and Housing Authority Police 12 Forces; 13 5444, by Senator Gonzalez, an act 14 in relation to establishing the Bronx 15 Development Corporation; 16 5474, by Senator Trunzo, an act 17 to amend the Civil Service Law and the 18 Correction Law, in relation to compensation and 19 benefits; 20 5475, by Senator Trunzo, an act 21 to amend the Civil Service Law, in relation to 22 compensation, benefits and other terms; 23 5476A, by Senator Trunzo, an act 11997 1 to amend the Civil Service Law, and the State 2 Finance Law, in relation to compensation, 3 benefits and other terms and conditions; 4 5477A, by Senator Trunzo, an act 5 to amend the Civil Service Law, and the State 6 Finance Law, in relation to compensation, 7 benefits and other terms and conditions; 8 5490A, by Senator Skelos, an act 9 to amend the Vehicle and Traffic Law, in 10 relation to the issuance of special number 11 plates; 12 5543, by the Senate Committee on 13 Rules, an act to amend the Environmental 14 Conservation Law, in relation to authorizing 15 sweepstakes with respect to subscriptions to The 16 Conservationist; 17 5558A, by Senator Spano, an act 18 to amend Chapter 677 of the Laws of 1977; 19 5559, by Senator Skelos, an act 20 in relation to collective bargaining between the 21 Unified Court System and the New York State 22 Court Clerks Association; 23 5567A, by Senator Velella, an act 11998 1 to amend the Insurance Law, in relation to 2 provisions regarding motor vehicle insurance 3 rates; 4 5569, by Senator Seward, an act 5 to amend the Public Service Law, in relation to 6 shared meters for gas, electric and steam 7 service; 8 5571, by Senator Bruno, an act to 9 amend the Public Authorities Law, Chapter 721 of 10 the Laws of 1994, authorizing the city of Troy 11 to issue serial bonds for the purpose of 12 liquidating cumulative and projected deficits; 13 5573A, Budget Bill, an act to 14 amend Chapter 53 of the Laws of 1995, enacting 15 the Aid to Localities budget; 16 Assembly 8239A, by the Assembly 17 Committee on Rules, an act to amend the General 18 Municipal Law, in relation to cash sales; 19 Assembly 8204, by the Assembly 20 Committee on Rules, an act to amend the Local 21 Finance Law, in relation to the sale of bonds 22 and notes; and 23 5570, by Senator Spano, an act to 11999 1 amend the Civil Service Law, in relation to 2 independent hearing officers. 3 All bills ordered directly for 4 third reading. 5 THE PRESIDENT: Senator Bruno. 6 SENATOR BRUNO: Madam President, 7 can we now take up the non-controversial 8 calendar. 9 THE PRESIDENT: Yes. The 10 Secretary will read. 11 THE SECRETARY: Senator LaValle 12 moves to discharge from the Committee on Rules, 13 Assembly Bill Number 1718 and substitute it for 14 the identical Calendar Number 1590. 15 THE PRESIDENT: Substitution 16 ordered. 17 THE SECRETARY: Calendar Number 18 1590, by member of the Assembly DiNapoli, 19 Assembly Print 1718, an act to amend the 20 Education Law, in relation to votes on school 21 taxes. 22 THE PRESIDENT: Read the last 23 section, please. 12000 1 THE SECRETARY: Section 5. This 2 act shall take effect January 1. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 57. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Senator Leibell 9 moves to discharge from the Committee on Rules 10 Assembly Bill Number 5653 and substitute it for 11 the identical Calendar Number 1593. 12 THE PRESIDENT: Substitution 13 ordered. 14 THE SECRETARY: Calendar Number 15 1593, by member of the Assembly Matusow, 16 Assembly Print 5653, an act to amend the Real 17 Property Tax Law, in relation to authorizing the 18 town of Bedford. 19 THE PRESIDENT: Read the last 20 section, please. 21 THE SECRETARY: Section 2. This 22 act shall take effect January 1. 23 THE PRESIDENT: Call the roll. 12001 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 57. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1598 by Senator Spano, Senate Print Number 7 3759B, an act to amend the Workers' Compensation 8 Law, in relation to employer withdrawal. 9 SENATOR PATERSON: Lay it aside. 10 THE PRESIDENT: Lay it aside, 11 please. 12 THE SECRETARY: Senator Saland 13 moves to discharge from the Committee on Rules 14 Assembly Bill 6831A and substitute it for the 15 identical Calendar Number 1603. 16 THE PRESIDENT: Substitution 17 ordered. 18 THE SECRETARY: Calendar Number 19 1603, by member of the Assembly Weinstein, 20 Assembly Print 6831A, an act to amend the 21 Judiciary Law and others, in relation to the 22 making of technical amendments. 23 THE PRESIDENT: Read the last 12002 1 section, please. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 57. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Senator Dollinger 10 moves to discharge from the Committee on Rules 11 Assembly Bill Number 7974 and substitute it for 12 the identical Calendar Number 1605. 13 THE PRESIDENT: There's a home 14 rule message at the desk. Read the last 15 section, please. 16 THE SECRETARY: Calendar Number 17 1605, by the Assembly Committee on Rules 18 Assembly Print 7974, an act to provide for the 19 alteration of the boundaries of the Brighton 20 Fire District. 21 THE PRESIDENT: Read the last 22 section, please. 23 THE SECRETARY: Section 2. This 12003 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 57. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1606, by Senator Johnson, Senate Print 5344A. 9 SENATOR PATERSON: Lay aside. 10 THE PRESIDENT: Lay aside, 11 please. 12 THE SECRETARY: Calendar Number 13 1607, by Senator LaValle, Senate Print 5381A. 14 THE PRESIDENT: Bill is high. 15 Lay it aside. 16 THE SECRETARY: Senator Velella 17 moves to discharge from the Committee on Rules 18 Assembly Bill Number 8228 and substitute it for 19 the identical Calendar Number 1608. 20 THE PRESIDENT: Substitution 21 ordered. 22 THE SECRETARY: Calendar Number 23 1608, by the Assembly Committee on Rules, 12004 1 Assembly Print 8228, an act to amend the 2 Retirement and Social Security Law and others, 3 in relation to repeal certain provisions. 4 SENATOR PATERSON: Lay aside. 5 THE PRESIDENT: Lay it aside, 6 please. 7 THE SECRETARY: Senator Gonzalez 8 moves to discharge from the Committee on Rules 9 Assembly Bill Number 8155, and substitute it for 10 the identical Calendar Number 1609. 11 SENATOR PATERSON: Lay - 12 THE PRESIDENT: Substitution 13 ordered. 14 THE SECRETARY: Calendar Number 15 1609, by the Assembly Committee on Rules, 16 Assembly Print 8155. 17 SENATOR PATERSON: Lay aside. 18 THE PRESIDENT: Laid aside. 19 THE SECRETARY: Senator Trunzo 20 moves to discharge from the Committee on Rules 21 Assembly Bill Number 8298 and substitute it for 22 the identical Calendar Number 1610. 23 THE PRESIDENT: Substitution 12005 1 ordered. 2 THE SECRETARY: Calendar Number 3 1610, by the Assembly Committee on Rules, 4 Assembly Print 8298, an act to amend the Civil 5 Service Law and the Correction Law, in relation 6 to the compensation and benefits of certain 7 state officers. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll, 13 please. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 57. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Senator Trunzo 19 moves to discharge from the Committee on Rules 20 Assembly Bill Number 8300 and substitute it for 21 the identical Calendar Number 1611. 22 THE PRESIDENT: Substitution 23 ordered. 12006 1 THE SECRETARY: Calendar Number 2 1611, by the Assembly Committee on Rules, 3 Assembly Print 8300, an act to amend the Civil 4 Service Law, in relation to compensation 5 benefits. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Please call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 57. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Senator Trunzo 17 moves to discharge from the Committee on Rules 18 Assembly Bill Number 8299B and substitute it for 19 the identical Calendar Number 1612. 20 THE PRESIDENT: Substitution 21 ordered. 22 THE SECRETARY: Calendar Number 23 1612, by the Assembly Committee on Rules, 12007 1 Assembly Print 8299B, an act to amend the Civil 2 Service Law and the State Finance Law, in 3 relation to compensation benefits and other 4 terms of conditions. 5 THE PRESIDENT: Senator Skelos. 6 SENATOR SKELOS: Is there a 7 message at the desk? 8 THE PRESIDENT: Yes, there is. 9 SENATOR SKELOS: Move we accept. 10 THE PRESIDENT: All in favor of 11 accepting the message please signify by saying 12 aye. 13 (Response of "Aye.") 14 Those opposed say nay. 15 (There was no response. ) 16 The message is accepted. Read 17 the last section, please. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 57. 23 THE PRESIDENT: The bill is 12008 1 passed. 2 THE SECRETARY: Senator Trunzo 3 moves to discharge from the Committee on Rules 4 Assembly Bill Number 8201 and substitute it for 5 the identical Calendar Number 1613. 6 THE PRESIDENT: Substitution 7 ordered. 8 THE SECRETARY: Calendar Number 9 1613, by the Assembly Committee on Rules, 10 Assembly Print 8301, an act to amend the Civil 11 Service Law and the State Finance Law, in 12 relation to compensation benefits and other 13 terms and conditions. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll, 19 please. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 57. 22 THE PRESIDENT: The bill is 23 passed. 12009 1 THE SECRETARY: Calendar Number 2 1614, by Senator Skelos, Senate Print 5490A. 3 THE PRESIDENT: The bill is high; 4 lay it aside. 5 THE SECRETARY: Senator Bruno 6 moves to discharge from the Committee on Rules 7 Assembly Bill Number 8226 and substitute it for 8 the identical Calendar Number 1615. 9 THE PRESIDENT: Substitution 10 ordered. 11 THE SECRETARY: Calendar Number 12 1615, by the Assembly Committee on Rules, 13 Assembly Print 8226, an act to amend the 14 Environmental Conservation Law, in relation to 15 authorizing sweepstakes. 16 THE PRESIDENT: Read the last 17 section, please. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Record the 23 negatives, please. Senator DiCarlo, are you 12010 1 getting your negative recorded? Good. The 2 results, please. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar 1615 are Senators 5 Connor, DiCarlo, Holland, LaValle, Maltese, 6 Marcellino, Padavan, Present and Saland. Ayes 7 48, nays 9. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Also Senator 11 Cook. 12 THE PRESIDENT: I did say the 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1616, by Senator Spano, Senate Print Number 16 5558A. 17 THE PRESIDENT: The bill is 18 high. Lay it aside. 19 THE SECRETARY: Senator Skelos 20 moves to discharge from the Committee on Rules 21 Assembly Bill Number 8201 and substitute it for 22 the identical Calendar Number 1617. 23 THE PRESIDENT: Substitution 12011 1 ordered. 2 THE SECRETARY: Calendar Number 3 1617, by the Assembly Committee on Rules, 4 Assembly Print 8201, an act in relation to 5 collective bargaining between Unified Court 6 System and the New York State Court Clerks 7 Association. 8 SENATOR SKELOS: Lay it aside. 9 THE PRESIDENT: Lay it aside, 10 please. 11 THE SECRETARY: Calendar Number 12 1618, by Senator Velella, Senate Print 5567A. 13 THE PRESIDENT: The bill is high; 14 lay it aside. 15 THE SECRETARY: Calendar Number 16 1619, by Senator Seward, Senate Print Number 17 5569. 18 THE PRESIDENT: The bill is high; 19 lay it aside. 20 THE SECRETARY: Calendar Number 21 1620, by Senator Bruno, Senate Print 5571, an 22 act to amend the Public Authorities Law, Chapter 23 721 of the Laws of 1994, authorizing the city of 12012 1 Troy to issue serial bonds. 2 THE PRESIDENT: Read the last 3 section. 4 SENATOR BRUNO: Is there a 5 message of necessity at the desk? 6 THE PRESIDENT: Yes. All those 7 in favor of accepting the message, please 8 signify by saying aye. 9 (Response of "Aye.") 10 Those opposed nay. 11 (There was no response. ) 12 The message is accepted. Read 13 the last section, please. 14 THE SECRETARY: Section 22. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 57. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1621, Budget Bill, Senate Print 5573A, an act to 23 amend Chapter 53 of the Laws of 1995, enacting 12013 1 the Aid to Localities budget. 2 SENATOR BRUNO: Is there a 3 message at the desk? 4 THE PRESIDENT: Yes, Senator 5 Bruno. 6 SENATOR BRUNO: Can we accept the 7 message? 8 THE PRESIDENT: All those in 9 favor of accepting the message, please signify 10 by saying aye. 11 (Response of "Aye.") 12 Those opposed nay. 13 (There was no response. ) 14 The message is accepted. Read the 15 last section, please. 16 THE SECRETARY: Section 22. This 17 act shall take effect - 18 SENATOR LEICHTER: Lay it aside. 19 THE PRESIDENT: Oh, lay it aside, 20 please. Hard to hear. 21 THE SECRETARY: Calendar Number 22 1622, by the Assembly Committee on Rules, 23 Assembly Print 8239A, an act to amend the 12014 1 General Municipal Law, in relation to cash 2 sales. 3 THE PRESIDENT: Read the last 4 section, please. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll, 8 please. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 57. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1623, by the Assembly Committee on Rules, 15 Assembly Print 8204, an act to amend the Local 16 Finance Law, in relation to the sale of bonds 17 and notes. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll, 23 please. 12015 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 57. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1624, by Senator Spano, Senate Print 5570, an 7 act to amend -- an act to amend the Civil 8 Service Law, in relation to independent hearing 9 officers. 10 THE PRESIDENT: I have a message 11 here. All those in favor of accepting the 12 message, please signify by saying aye. 13 (Response of "Aye.") 14 Those opposed nay. 15 (There was no response. ) 16 The message is accepted. Please 17 read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first day of March. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 57. 23 THE PRESIDENT: The bill is 12016 1 passed. 2 That completes the 3 non-controversial reading of the calendar. 4 SENATOR SKELOS: Madam President, 5 if we could take up the controversial reading of 6 the calendar, please. 7 THE PRESIDENT: Secretary will 8 read. 9 THE SECRETARY: Calendar Number 10 1598, by Senator Spano, Senate Print Number 11 3759B, an act to amend the Workers' Compensation 12 Law, in relation to employer withdrawal. 13 SENATOR PATERSON: Explanation. 14 THE PRESIDENT: Senator Spano. 15 SENATOR SPANO: Madam President, 16 this bill amends the Workers' Comp. Law to 17 provide that, if a person wants to withdraw from 18 the State Insurance Fund, that withdrawal will 19 take effect when a replacement compensation 20 policy is secured and the coverage is 21 initiated. 22 SENATOR SOLOMON: Madam 23 President. 12017 1 THE PRESIDENT: Senator Solomon. 2 SENATOR SOLOMON: Senator Spano 3 yield to several questions? 4 SENATOR SPANO: Yes. 5 THE PRESIDENT: Senator Spano. 6 SENATOR SOLOMON: Do you know the 7 special place that the State Insurance Fund 8 holds in terms of Workers' Compensation Law in 9 this state as an insurer of last resort? 10 SENATOR SPANO: Yes. 11 SENATOR SOLOMON: I see. 12 Senator, what's the purpose of this bill? 13 SENATOR SPANO: The purpose of 14 this bill, Senator, is to just provide an equal 15 footing, make sure that the -- a person wants to 16 go to private insurance that right now the only 17 place where this exemption exists for the State 18 Insurance Fund that the fact that we have an 19 equal footing, that we will have the marketplace 20 take care of the problem and it will equalize 21 the policies. 22 SENATOR SOLOMON: Will Senator 23 Spano yield, Mr. President, for another 12018 1 question? 2 SENATOR SPANO: Yes. 3 THE PRESIDENT: Yes. 4 SENATOR SOLOMON: Senator Spano, 5 does this mean that the private insurers are 6 going to have to take everyone that seeks 7 workers' compensation insurance in the State 8 Insurance Fund since we want to have them on an 9 equal footing? 10 SENATOR SPANO: No, it doesn't say 11 that at all. Right now there's about 48 percent 12 of the marketplace. What this -- what that 13 requirement in law, all it would mean is very 14 simply to give everybody an equal footing in 15 terms of the cancellation period. 16 THE PRESIDENT: Senator Solomon. 17 SENATOR SOLOMON: Yes. But, 18 Senator, then what advantages do you see that 19 the 30-day cancellation period gives the State 20 Insurance Fund, that these companies - 21 SENATOR SPANO: There are no 22 advantages to the State Insurance Fund. That's 23 why this bill recommends a repeal. 12019 1 SENATOR SOLOMON: Oh, I see. 2 O.K. 3 THE PRESIDENT: Senator Solomon. 4 SENATOR SOLOMON: Mr. President, 5 if Senator Spano would continue to yield? 6 THE PRESIDENT: Senator Spano. 7 SENATOR SOLOMON: I'm sorry, 8 Madam President. 9 THE PRESIDENT: That's O.K. 10 SENATOR SOLOMON: It's 12:15. 11 SENATOR SPANO: Yes. 12 SENATOR SOLOMON: Senator, the 13 State Insurance Fund takes both good and bad 14 risks, and the State Insurance Fund has certain 15 advantages we provide for it to take these good 16 and bad risks and the State Insurance Fund over 17 the years has had a surplus which they've given 18 back to the state of New York. Do you recall 19 how much the state of New York currently owes 20 the State Insurance Fund in surplus that we've 21 taken? 22 SENATOR SPANO: I don't know the 23 exact amount, but it was millions of dollars, 12020 1 there's 1.3 million. 2 SENATOR SOLOMON: 1.3 million, in 3 total. 4 SENATOR SOLOMON: Senator, if the 5 -- if the State Insurance Fund loses or starts 6 to lose its good risk, the risk it makes money 7 on, the impact would be a negative surplus, 8 would that not be the case? 9 SENATOR SPANO: Under this bill, 10 that would just not happen. My counsel to my 11 right here - 12 SENATOR SOLOMON: That didn't 13 happen. 14 SENATOR SPANO: There's - 15 SENATOR SOLOMON: With some 16 things it would have. 17 SENATOR SPANO: There's nothing 18 at all, Senator, in this bill that would make 19 that happen. All this bill will do is make - 20 give us all -- give everyone an equal footing 21 and you can make that type of an argument, but 22 the marketplace is going to take care of that 23 problem in the long term. 12021 1 SENATOR SOLOMON: Mr. President, 2 will Senator Spano yield for another question - 3 Madam President, will Senator Spano yield for 4 another question? 5 THE PRESIDENT: Yes. 6 SENATOR SOLOMON: Senator, if as 7 a result of this bill the State Fund lost some 8 of its more profit-making end of the business 9 and was left with its poor risks and started to 10 have a negative surplus, how would we be - 11 would not the state face a liability and have to 12 repay that surplus? 13 SENATOR SPANO: There's nothing 14 in this bill that would reduce the profitability 15 of the State Insurance Fund. Right now, the 16 current provisions that we have are not -- are 17 anti-competitive. It's led to a lot of the -- a 18 lot of the disputes that the insured parties 19 have with the State Insurance Fund, whether or 20 not a timely notice was received. 21 So what they're saying is that 22 why should they be treated differently? Let's 23 put the same statute in place across the board. 12022 1 SENATOR SOLOMON: Senator - 2 THE PRESIDENT: Senator Solomon. 3 SENATOR SOLOMON: I just want to 4 go back to one last point, Madam President, if 5 Senator Spano will yield again. 6 Senator, are private insurance 7 companies required to take all risks that come 8 to them, including bad risks under Workers' 9 Compensation Law currently? 10 SENATOR SPANO: All insurance 11 companies are not, no. 12 SENATOR SOLOMON: No. So, 13 Senator, if you'll yield again. Private 14 insurance companies are not on an equal footing 15 with the State Insurance Fund in that regard, 16 are they? 17 SENATOR SPANO: That's right. We 18 made that point before. This -- if we -- what 19 we're trying to do is put everybody on equal 20 footing, and this would be the first step in 21 doing that and, by passing this statute, it 22 would also provide over the long term that there 23 would be a better rate provided to the insureds 12023 1 because, as we create more competition, the 2 rates are going to come down. 3 SENATOR SOLOMON: The rates - 4 Senator -- Madam President - 5 THE PRESIDENT: Yes, Senator 6 Solomon. 7 SENATOR SOLOMON: -- on the bill. 8 Senator Spano was trying to 9 purport a level playing field. In fact, it's 10 not a level playing field. The State Insurance 11 Fund takes all risks, the private insurers do 12 not. How the State Insurance Fund manages to do 13 that -- and I should say, by the way, our system 14 works rather well because in the last two years, 15 seven states have copied the New York law as a 16 model law in terms of workers' compensation 17 nationally: Maine, Rhode Island, New Mexico, 18 Texas, Louisiana, Kentucky and Missouri. 19 Now, what's going to happen is 20 the State Fund has the following advantage: If 21 an insurer plans to cancel their policy, 22 terminate the policy, they have to give the New 23 York State Insurance Fund 30 days written 12024 1 notice; not a major concession, and what the 2 State Fund can then do is go and look at the 3 policies and see if they can come up with a 4 policy arrangement that is competitive. 5 Now, why is that important? 6 Well, let's talk about the advantage the private 7 insurers currently have because of this system. 8 The State Fund takes all bad risks, in addition 9 to the good risks. The private carriers are not 10 forced to have an assigned risk pool as a result 11 of that. There's no assessment against the 12 private carriers for poor risks. So the State 13 Fund has worked very well. All they do is get a 14 30-day advantage on cancellation, but what could 15 happen? 16 This is a scenario from some of 17 the people that I have spoken to, and now that 18 the State Fund is going to be a Republican run 19 organization as the new appointees and directors 20 are appointed by a Governor, I think the members 21 of the other side of the aisle should listen 22 very carefully to the scenario four years down 23 the road under this bill. 12025 1 If the Fund loses its meager 30 2 day advantage, they believe that they will lose 3 200 to $400 million in the next 18 months, 4 resulting in a negative surplus. Now, in the 5 last 12 years, we have taken $1.3 billion from 6 the surplus. There's a negative surplus. This 7 state is obligated to pay that back to the Fund 8 out of our general fund revenue. 9 What is going to happen is, this 10 state and the current administration several 11 years down the road, in fact, maybe come close 12 to election time, will probably have a negative 13 surplus which will add to the deficit that they 14 will probably have or at least require several 15 hundred million dollars in additional funds that 16 will have to be paid back to the State Insurance 17 Fund. 18 This bill looks very innocuous: 19 A level playing field, but the fact of the 20 matter is nowhere do the private insurers have 21 to take those bad risks. 22 I should say that PEF has put out 23 a -- Public Employees Federation has put out a 12026 1 memo against this bill, and it's very simple, 2 and it says it very clearly, just what I said. 3 "This will make it easier and quicker for an 4 employer to withdraw from the Workers' 5 Compensation Insurance Fund through the State 6 Insurance Fund by switching to another insurer. 7 This could tend to undermine the stability and 8 security of the State Insurance Fund by 9 encouraging employers to opt out on short 10 notice. We believe that the fund has worked 11 well and should be improved, not weakened." 12 That's what this bill does. It 13 looks very simple on its face but, indeed, the 14 State Insurance Fund has worked rather well in 15 this state. It's been copied by other states 16 and this very simple bill is very dangerous. 17 It's very dangerous for the state in the coming 18 years. Indeed, I don't think this state in its 19 current fiscal condition needs anything that 20 might result in additional deficits because we 21 have to pay back that fund some money, and this 22 is not a bill that's going to help this state. 23 All it does is help some private insurers take 12027 1 away, skim off the cream off the top of the 2 State Fund with no risk to them, because they're 3 not going to have to take any of the bad risks, 4 and it just says the only thing the State Fund 5 has the advantage is it has 30 days notice, so 6 it can go in there, possibly re-rate the risk 7 and re-bid the risk. 8 What these insurers want to say 9 is give us the cream off the top. We don't want 10 to have an assigned risk for the bad risks. We 11 don't want to pay assessments. We just want the 12 cream off the top. You, the State Fund, be left 13 with the bad risks, because we're afraid to 14 compete with you. We're afraid to have that 30 15 -- to let you go in and re-bid. We want all of 16 the benefits of having the State Fund to take 17 the bad risks. We want to have that. We don't 18 want to be assessed, but we now want to take the 19 good risks. Well, we're going to be left - 20 we're going to have to come back here in a 21 couple of years and deal with this problem that 22 develops as a result of this bill. 23 It is not an innocuous bill, 12028 1 because for a level playing field, then the 2 private insurers should be required to have an 3 assigned risk pool and take the bad risks also. 4 They want to have a level playing field, we'll 5 give them a level playing field. Each one of 6 you has to take the assigned risks like we have 7 to do in auto insurance. 8 It is not a level playing field. 9 This is real danger to this state, and I 10 wouldn't want to be the Governor and the 11 Governor's administration and facing the 12 consequences of this bill several years down the 13 road; and I think you'll find his appointees as 14 they look at the Fund and see what happens after 15 this bill becomes implemented, will be coming 16 back to this Legislature but it might be too 17 late because we may have to pay back that 18 surplus. 19 I suggest a no vote on this bill. 20 THE PRESIDENT: Thank you, 21 Senator Solomon. 22 Read the last section, please. 23 THE SECRETARY: Section 2. This 12029 1 act shall take effect January 1. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE PRESIDENT: The results, 5 please -- oh, we have some negatives here being 6 recorded, Senator Leichter, Senator -- Senator 7 Stavisky is also being recorded in the negative 8 as he comes through the door. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar 1598 are Senators 11 Abate, Connor, Dollinger, Jones, Kruger, 12 Leichter, Markowitz, Paterson, Smith, Solomon, 13 Stachowski, Stavisky, Velella, also Senator 14 DiCarlo. Ayes 43 -- ayes 33, nays 14. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1606, by Senator Johnson, Senate Print 5344-A, 19 an act to amend the Social Services Law and the 20 Criminal Procedure Law, in relation to 21 reinvestigating recipients. 22 SENATOR SKELOS: Lay it aside. 23 THE PRESIDENT: Lay it aside. 12030 1 1607. 2 THE SECRETARY: Calendar Number 3 1608, substituted earlier today, by the Assembly 4 Committee on Rules, Assembly Print 8228, an act 5 to amend the Retirement and Social Security Law, 6 the Civil Service Law, the New York City Charter 7 and others, in relation to abolishing the New 8 York City Transit and Housing Authority. 9 SENATOR SKELOS: Lay it aside. 10 THE PRESIDENT: Lay it aside. 11 THE SECRETARY: Calendar Number 12 1609, substituted earlier today, by the Assembly 13 Committee on Rules, Assembly Print 8155, an act 14 in relation to establishing the Bronx 15 Development Corporation. 16 THE PRESIDENT: Read the last 17 section, please. 18 SENATOR PATERSON: Excuse me, Mr. 19 President. 20 THE PRESIDENT: Senator Paterson. 21 SENATOR PATERSON: Can we lay 22 that bill aside for just a couple of moments? 23 THE PRESIDENT: Yes. Lay it 12031 1 aside, please. 2 THE SECRETARY: Calendar Number 3 1617, substituted earlier today, by the Assembly 4 Committee on Rules, Assembly Print 8201, an act 5 in relation to collective bargaining between the 6 Unified Court System and the New York - 7 SENATOR SKELOS: Lay it aside. 8 THE PRESIDENT: Lay it aside. 9 THE SECRETARY: Calendar Number 10 1621, Budget Bill, Senate Print 5573-A, an act 11 to amend Chapter 53 of the Laws of 1995. 12 SENATOR SKELOS: Is there a 13 message at the desk? 14 THE PRESIDENT: Senator Skelos. 15 SENATOR SKELOS: Is there a 16 message at the desk? 17 THE PRESIDENT: Oh, yes. All 18 those in favor of accepting the message, please 19 signify by saying aye. 20 (Response of "Aye".) 21 Those opposed, nay. 22 (There was no response.) 23 The message is accepted. 12032 1 Read the last section, please. 2 SENATOR LEICHTER: Madam 3 President, just - 4 THE PRESIDENT: Senator Leichter, 5 are you standing up to speak? 6 SENATOR LEICHTER: Yes. I would 7 like recognition so I can speak on the bill, 8 Madam President. 9 THE PRESIDENT: Yes, please do. 10 SENATOR LEICHTER: I have 11 actually had a discussion with Senator Volker on 12 the bill. I understand that at this moment that 13 it is not an agreed-on bill, that this makes a 14 distribution of certain federal monies in a 15 manner that appears to be fair but there is some 16 issue that the Assembly has raised as to whether 17 all of the monies that should actually be 18 distributed under this bill have been made 19 available. 20 I think that's -- I just thought 21 it was something that ought to be stated on the 22 record and made known to everybody. However, 23 it's the only bill that's before us and the 12033 1 money needs to be distributed and it appears to 2 be a fair distribution. I'm going to support 3 the bill. 4 THE PRESIDENT: Thank you, 5 Senator. 6 Read the last section, please. 7 THE SECRETARY: Section 22. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 57. 12 THE PRESIDENT: The bill is 13 passed. 14 SENATOR SKELOS: Madam President, 15 could you call up Calendar Number 1619. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 1619, by Senator Seward, Senate Print 5569, an 20 act to amend the Public Service Law, in relation 21 to shared meters. 22 SENATOR SKELOS: Madam President, 23 is there a message at the desk? 12034 1 THE PRESIDENT: Yes. All those 2 in favor of accepting the message, please 3 signify by saying aye. 4 (Response of "Aye".) 5 Those opposed, nay. 6 (There was no response.) 7 The message is accepted. 8 Please read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll, 12 please. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 57. 15 THE PRESIDENT: The bill is 16 passed. 17 SENATOR SKELOS: Madam President. 18 THE PRESIDENT: Senator Skelos. 19 SENATOR SKELOS: On Calendar 20 Number 1, Calendar 1560, by Senator Velella, 21 could we call that up at this time? 22 THE PRESIDENT: Just a second. 23 The Secretary will read. Is there a home rule 12035 1 message at the desk? 2 THE SECRETARY: Calendar Number 3 1560, substituted earlier today by the Assembly 4 Committee on Rules, Assembly Print 8154, an act 5 to amend the General Municipal Law. 6 THE PRESIDENT: There's a home 7 rule message at the desk. Read the last 8 section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll, 12 please. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes - 15 THE PRESIDENT: The ayes have 16 it. The bill is passed. 17 THE SECRETARY: Ayes. 18 THE PRESIDENT: The ayes have it; 19 the bill is passed. 20 THE SECRETARY: Hold on. Ayes 21 56, nays 1, Senator Marcellino recorded in the 22 negative. 23 THE PRESIDENT: The bill is 12036 1 passed. 2 Senator Skelos. 3 SENATOR SKELOS: Madam President, 4 if we could call up Calendar - 5 THE PRESIDENT: Sorry. I 6 couldn't hear you. 7 SENATOR SKELOS: -- Calendar 8 Number 1618, by Senator Velella. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Senator Velella 12 moves to discharge from the Committee on Rules, 13 Assembly Bill Number 8367 and substitute it for 14 the identical Calendar Number 1618. 15 THE PRESIDENT: Substitution 16 ordered. 17 THE SECRETARY: Calendar Number 18 1618, by the Assembly Committee on Rules, 19 Assembly Print 8367, an act to amend the 20 Insurance Law. 21 THE PRESIDENT: I have a message 22 here at the desk. All those in favor of 23 accepting the message, please signify by saying 12037 1 aye. 2 (Response of "Aye".) 3 Those opposed, nay. 4 (There was no response.) 5 The message is accepted. Please 6 read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll, 10 please. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 57. 13 THE PRESIDENT: The bill is 14 passed. 15 SENATOR SKELOS: Madam President. 16 SENATOR NANULA: Madam President. 17 THE PRESIDENT: Senator Nanula. 18 SENATOR NANULA: I would like to 19 request unanimous consent to be recorded in the 20 negative on Calendar Number 1598. 21 THE PRESIDENT: Without 22 objection. 23 SENATOR NANULA: Thank you. 12038 1 SENATOR SKELOS: Madam President. 2 THE PRESIDENT: Senator Skelos. 3 SENATOR SKELOS: On Supplemental 4 Calendar Number 2, Calendar Number 1587, by 5 Senator Nozzolio, could we call that up at this 6 time? 7 THE PRESIDENT: Just one second, 8 please. 9 The Secretary will read. 10 THE SECRETARY: Senator Nozzolio 11 moves to discharge from the Committee on Rules, 12 Assembly Bill Number 8342 and substitute it for 13 the identical Calendar Number 1587. 14 THE PRESIDENT: Substitution 15 ordered. 16 THE SECRETARY: Calendar Number 17 1587, by the Assembly Committee on Rules, 18 Assembly Print 84... 8342, an act to amend the 19 Tax Law, in relation to including additional 20 sales tax. 21 THE PRESIDENT: Senator Leichter, 22 are you standing to be recognized? 23 SENATOR LEICHTER: No, I'm not, 12039 1 Madam President. 2 THE PRESIDENT: Okay. Read the 3 last section, please. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the same date as a 6 Chapter of the Laws of 1995. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 57. 10 THE PRESIDENT: The bill is 11 passed. 12 THE PRESIDENT: Senator Bruno. 13 SENATOR BRUNO: Madam President, 14 can we ask for an immediate meeting of the Rules 15 Committee in Room 332 for the last Rules 16 calendar. 17 THE PRESIDENT: There will be an 18 immediate meeting of the Rules Committee in Room 19 332. 20 THE PRESIDENT: Senator Bruno. 21 SENATOR BRUNO: Madam President, 22 can we at this time take up Calendar 1614, by 23 Senator Skelos. 12040 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: Calendar Number 4 1614, by Senator Skelos, Senate Print 5490-A, an 5 act to amend the Vehicle and Traffic Law, in 6 relation to the issuance of special numbered 7 plates. 8 THE PRESIDENT: I have a message 9 here at the desk. All those in favor of 10 accepting the message, please signify by saying 11 aye. 12 (Response of "Aye".) 13 Those opposed, nay. 14 (There was no response.) 15 The message is accepted. 16 Read the last section, please. 17 THE SECRETARY: Section 4. This 18 act shall take effect October 1. 19 THE PRESIDENT: Call the roll, 20 please. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 57. 23 THE PRESIDENT: The bill is 12041 1 passed. 2 SENATOR BRUNO: Madam President. 3 THE PRESIDENT: Senator Bruno. 4 SENATOR BRUNO: Madam President, 5 can we at this time take up Calendar Number 6 738? 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 738, by the Assembly Committee on Rules, 11 Assembly Print 8215-A, an act to amend the 12 Administrative Code of the city of New York. 13 THE PRESIDENT: There is a home 14 rule message at the desk. 15 SENATOR BRUNO: I move we accept 16 the message. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 180th day. 21 THE PRESIDENT: Call the roll, 22 please. 23 SENATOR LEICHTER: Madam 12042 1 President. 2 THE PRESIDENT: Senator Leichter. 3 SENATOR LEICHTER: We're just 4 trying to determine what that bill is. 5 SENATOR PADAVAN: This is a bill 6 previously passed, Senator Goodman's bill, that 7 was returned after it passed the Assembly with 8 some changes. This is on the - 9 SENATOR LEICHTER: Environmental 10 Control Board? 11 SENATOR PADAVAN: No. This is 12 for people who apply for licenses and permits 13 who have contracts with the City and where their 14 debtedness must be paid prior to the issuance of 15 those contracts. 16 SENATOR LEICHTER: This bill 17 provides -- excuse me, if Senator Padavan will 18 yield. 19 SENATOR PADAVAN: Yeah. 20 SENATOR LEICHTER: Does this 21 provide that they must first pay their 22 indebtedness to the City? 23 SENATOR PADAVAN: Correct. There 12043 1 are a number of exceptions, however, where 2 appropriate. 3 SENATOR LEICHTER: This is 4 supported by the city of New York? 5 SENATOR PADAVAN: This is a bill 6 from the city of New York. 7 SENATOR LEICHTER: Thank you. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 180th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 57. 15 THE PRESIDENT: The bill is 16 passed. 17 Senator Bruno. 18 SENATOR BRUNO: Madam President, 19 can we return to reports of standing committees, 20 I believe there's a report from the Rules 21 Committee. May we have it read. 22 THE PRESIDENT: The Secretary 23 will read. 12044 1 THE SECRETARY: Senator Bruno, 2 from the Committee on Rules, reports the 3 following bills: 4 Senate Print 3069, by Senator 5 Larkin, an act to amend the General Municipal 6 Law; 7 Assembly Print 2334, by Member of 8 the Assembly Vitaliano, an act to amend Chapter 9 677 of the Laws of 1977, amending the Civil 10 Service Law; 11 Senate Print 5574-A, Budget Bill, 12 an act to amend Chapters 50, 53 and 54 of the 13 Laws of 1995; 14 5575, by Senator Bruno, an act to 15 amend a Chapter of the laws of 1995 as proposed 16 in Legislative Bill Number Senate 5571; 17 Assembly Print 8000, by the 18 Assembly Committee on Rules, an act to amend the 19 Private Housing Finance Law and the Public 20 Health Law; and 21 Senate Print 5568, by Senator 22 Goodman, an act to amend the Alcoholic Beverage 23 Control Law. 12045 1 All bills ordered directly for 2 third reading. 3 THE PRESIDENT: The bills are 4 ordered directly to third reading without 5 objection. 6 Senator Bruno. 7 SENATOR BRUNO: Madam President, 8 can we take up the non-controversial reading of 9 Calendar Number 5. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: Senator Larkin 13 moves to discharge from the Committee on Rules, 14 Assembly Bill Number 5916-A and substitute it 15 for the identical Calendar Number 557. 16 THE PRESIDENT: Substitution 17 ordered. 18 THE SECRETARY: Calendar Number 19 557, by Member of the Assembly Tonko, Assembly 20 Print 5916-A, an act to amend the General 21 Municipal Law, in relation to requiring notice. 22 THE PRESIDENT: Read the last 23 section, please. 12046 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 57. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 613, by Member of the Assembly Vitaliano, 10 Assembly Print 2334, an act to amend Chapter 677 11 of the Laws of 1977. 12 THE PRESIDENT: Read the last 13 section, please. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Please record the 19 negatives. 20 SENATOR CONNOR: Madam President. 21 THE PRESIDENT: Oh, Senator 22 Connor. 23 SENATOR CONNOR: Thank you. 12047 1 This is the -- to explain my 2 vote, Madam President. 3 It has been long the position of 4 the Democratic Conference, a unanimous position, 5 that agency shop ought to be a permanent feature 6 of our law. It's now been 18 years, 17 years - 7 18 years, I guess, that this law has been an 8 experiment which expires every two years and, 9 frankly, I've said it before on this floor and 10 I'll say it again, it's unseemly. It's not 11 fair. This is a right the people -- the 12 collective bargaining units are well defined and 13 their representatives who perform services for 14 non-members ought to be reimbursed through the 15 agency shop fee. 16 When it was first enacted, it was 17 an experiment. I think this is one example of 18 one of those features where perhaps if we let 19 some of the good laws that we have that have 20 been tested for so many years become permanent, 21 we would have a lot less to do and the people 22 might be better off for it. 23 Let's make this permanent some 12048 1 time. I had intended to offer as I have done in 2 many years in the past an amendment to make this 3 law permanent. The hour is late. It's almost 4 midnight and under our rules we have to 5 (laughter) - 6 THE PRESIDENT: Almost midnight? 7 SENATOR CONNOR: -- we have to 8 stop doing bills and we all want to get 9 finished. So let it say -- the record reflect, 10 that had I offered the amendment, it is one that 11 would be supported by each and every Democrat in 12 this house. Since it probably would have come 13 to the same fate as it has some nine or ten 14 other times -- nine times, I guess -- eight 15 times, I won't make the amendment and I will say 16 that failing the amendment as we have for all 17 these many years every Democrat in this house 18 will vote for the straight two-year extension. 19 Thank you, Madam President. 20 THE PRESIDENT: Thank you. 21 Would those voting in the 22 negative please raise their hands again so we 23 can record your votes. Is anyone else 12049 1 explaining his vote? 2 (There was no response.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar 613 are Senators 5 Hannon, Holland, Johnson, Kuhl, Levy, Maltese, 6 Marcellino, Padavan, Rath, Skelos and Tully. 7 Ayes 46, nays 11. 8 THE PRESIDENT: The bill is 9 passed. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1626, by Senator Bruno, Senate Print 5575, an 13 act to amend a Chapter of the Laws of 1995 as 14 proposed in Legislative Bill Number Senate 5571. 15 SENATOR BRUNO: Is there a 16 message at the desk? 17 THE PRESIDENT: Yes. 18 SENATOR BRUNO: Move we accept 19 the message. 20 THE PRESIDENT: Yes. All those 21 in favor of accepting the message, please 22 signify by saying aye. 23 (Response of "Aye".) 12050 1 Those opposed, nay. 2 (There was no response.) 3 The message is accepted. 4 Please read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the same date as a 7 Chapter of the Laws of 1995. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 57. 11 THE PRESIDENT: The bill is 12 passed. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1627, by the Assembly Committee on Rules, 16 Assembly Print 8000, an act to amend the Private 17 Housing Finance Law and the Public Health Law. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 12051 1 THE SECRETARY: Ayes 57. 2 THE PRESIDENT: The bill is 3 passed. Please read. 4 THE SECRETARY: Calendar Number 5 1628, by Senator Goodman, Senate Print 5568, an 6 act to amend the Alcoholic Beverage Control Law, 7 in relation to the interests of manufacturers. 8 THE PRESIDENT: We have a message 9 at the desk. 10 SENATOR BRUNO: I move we accept 11 the message. 12 THE PRESIDENT: All those in 13 favor of accepting the message, please signify 14 by saying aye. 15 (Response of "Aye".) 16 Those opposed, nay. 17 (There was no response.) 18 The message is accepted. 19 Please read the last section. 20 SENATOR PATERSON: Explanation. 21 THE PRESIDENT: Did I hear 22 someone? 23 Oh, Senator Kuhl -- oh, I'm 12052 1 sorry. Senator Paterson asked for an 2 explanation. 3 Senator Goodman -- where is 4 Senator Goodman? 5 Senator Kuhl, will you provide 6 the explanation? 7 SENATOR KUHL: Senator Goodman 8 asked me to handle any conversation on this 9 (laughter). 10 Senator Paterson, this was a - 11 this is a -- this is a remake of a bill that was 12 previously passed by this house which was vetoed 13 by the Governor. The Governor had some problem 14 with there not being any site-specific defini 15 tion relative to this particular purpose and 16 that was to allow a person who's a wholesaler or 17 manufacturer of alcoholic beverages to purchase 18 an interest in an existing facility. 19 So this is a remake. There is a 20 definition to the site specific and now we're 21 bringing the bill back. It's in acceptable form 22 to the Governor. 23 THE PRESIDENT: Senator Paterson. 12053 1 SENATOR PATERSON: Mr. President, 2 if Senator Kuhl would yield for a brief 3 question. 4 SENATOR KUHL: I would be happy 5 to. 6 SENATOR PATERSON: Senator, this 7 is a specific building that is being purchased, 8 correct? 9 SENATOR KUHL: I believe it is, 10 yes. 11 SENATOR PATERSON: Senator Kuhl, 12 what I understand is that the building that's - 13 that is going to be acquired is actually 14 landmarked, is that correct? 15 THE PRESIDENT: Senator Kuhl. 16 SENATOR KUHL: Say that again, 17 Senator Paterson. I didn't hear that. 18 SENATOR PATERSON: That the 19 actual property that -- the building itself is 20 landmarked property. 21 SENATOR KUHL: Landmarked 22 property? 23 SENATOR PATERSON: In other 12054 1 words, it has a historic landmark on it for the 2 artistic and cultural preservation of the -- of 3 the land, it was designated as a landmark 4 property. 5 SENATOR KUHL: I don't know that, 6 Senator, but I'm seeing some heads shaking yes. 7 THE PRESIDENT: Maybe that's the 8 answer right there (laughter). 9 SENATOR PATERSON: Thank you, 10 Senator. 11 THE PRESIDENT: Read -- read the 12 last section, please. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 57. 18 THE PRESIDENT: This bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1625, Budget Bill, Senate Print 5574-A, an act 22 to amend Chapters 50, 53 and 54 of the Laws of 23 1995. 12055 1 SENATOR BRUNO: Is there a 2 message at the desk? 3 THE PRESIDENT: Yes, there is a 4 message. All those in favor of acceptance of 5 the message, please signify by saying aye. 6 (Response of "Aye".) 7 Those opposed, nay. 8 (There was no response.) 9 The message is accepted. Please 10 read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first day of March. 13 SENATOR STAVISKY: Madam 14 President. 15 THE PRESIDENT: Senator Stavisky, 16 why do you rise? 17 SENATOR STAVISKY: I seek an 18 explanation of one provision on pages 1 and 2 of 19 the bill. Is the additional funds to be 20 allocated by the board of trustees the amount of 21 money that will be coming from an increase in 22 tuition from the City University? Could someone 23 offer an explanation? 12056 1 THE PRESIDENT: From whom are you 2 seeking this explanation? 3 SENATOR STAVISKY: From the 4 sponsor, whoever will claim sponsorship. There 5 may not be a paternity claim in the house, but I 6 would like an explanation. 7 SENATOR BRUNO: Senator, the 8 explanation that I get is that this is purely a 9 technical amendment at the request of the 10 Division of the Budget. It makes no change 11 other than in the way the letters are printed in 12 the bill. 13 SENATOR STAVISKY: With all due 14 -- with all due respect, I think that when you 15 are referring to $23 million in additional funds 16 to be allocated by the board of trustees, it's 17 more than a technical correction. Where will 18 the board of trustees get the $23 million? 19 SENATOR BRUNO: Madam President. 20 THE PRESIDENT: Senator Bruno. 21 SENATOR BRUNO: It is a technical 22 change in the language. Senator, in all due 23 respect, if you examine the bill, you'll find 12057 1 that there is no substantive change in anything 2 except the way the words are printed. One of 3 the counsel will share a point of view with you. 4 SENATOR STAVISKY: Senator, I 5 would be delighted to meet with the counsels 6 inside, outside or around the corner, but I 7 believe that this is the amount of money that 8 the trustees will acquire for the increased 9 tuition charged to students; am I wrong on 10 that? 11 SENATOR BRUNO: Yes. The money 12 is already there, Senator. 13 SENATOR STAVISKY: The origin. 14 Let's go to the origin of the $23 million. 15 Where would the trustees get this $23 million? 16 I'm not claiming that it is a new hit, but I 17 believe the original source of the $23 million 18 was the increase in tuition and that's all I'm 19 asking. 20 THE PRESIDENT: Senator Bruno. 21 SENATOR BRUNO: Whatever the 22 increase was in the previous legislation is 23 whatever it was, and if it was that 23 million, 12058 1 all I'm saying is that we're not changing 2 anything. That passed. That's history. We're 3 changing the way the words are printed. 4 SENATOR STAVISKY: Madam 5 President, without clarification as to the 6 source of the funding, I can only assume -- I 7 may be wrong -- I can only assume that the 8 original source in the earlier version or in 9 this version is the amount of the tuition 10 increase imposed on the students. 11 SENATOR LAVALLE: Would the 12 Senator yield? 13 THE PRESIDENT: Senator Bruno. 14 SENATOR BRUNO: Madam President, 15 looking at a draft copy here, and all I see is 16 the changing of lettering; the dollars are the 17 same. This was all handled previously and it 18 has no substantial change in anything that 19 hasn't been done before. I see Senator LaValle 20 on his feet, our chair of Higher Ed' and maybe 21 Senator LaValle would like to make a comment. 22 THE PRESIDENT: Senator LaValle. 23 SENATOR LAVALLE: Senator 12059 1 Stavisky, I'm sure Senator Bruno had explained, 2 you see that we are making a technical change. 3 You see what we're taking out in the brackets. 4 We are capitalizing the same language that we 5 are taking out. To your question of the $23 6 million which was in the original budget 7 document, Senator Bruno had indicated that was 8 put in -- it's our money -- to offset the lump 9 sum reduction that the City University was to 10 take. That's exactly what we did during the 11 budget documents, so we are not changing that. 12 I think we're answering -- it's not the tuition 13 money that you're talking about, but it's the 14 restoration of the lump sum reduction that was 15 made. 16 SENATOR STAVISKY: In the 17 negative on this bill. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first day of March. 22 THE PRESIDENT: Call the roll, 23 please. 12060 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 56, nays 1, 3 Senator Stavisky recorded in the negative. 4 THE PRESIDENT: The bill is 5 passed. 6 Return to messages from the 7 Assembly. 8 THE SECRETARY: The Assembly 9 returned Senate Bill Number 2548, Assembly 10 reprint 30009, entitled "An act to amend the 11 Alcoholic Beverage Control Law" with the message 12 that it has concurred in the passage of the same 13 with amendments. The Senate moved to concur in 14 said amendments. 15 THE PRESIDENT: Without 16 objection, the Senate concurs with the 17 amendments. The bill is restored to the order 18 of third reading. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1385, by Senator Abate, Assembly Reprint 30009, 22 an act to amend the Alcoholic Beverage Control 23 Law. 12061 1 THE PRESIDENT: Read the last 2 section, please. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 57. 8 THE PRESIDENT: The bill is 9 passed. 10 Senator Bruno. 11 SENATOR BRUNO: Madam President, 12 can we call up Calendar 4 -- Calendar Number 13 1609 from Calendar Number 4. 14 THE SECRETARY: Calendar Number 15 1609, substituted earlier today, by the Assembly 16 Committee on Rules, Assembly Print 8155, an act 17 in relation to establishing the Bronx 18 Development Corporation. 19 THE PRESIDENT: Read the last 20 section, please. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 12062 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 57. 3 THE PRESIDENT: The bill is 4 passed. 5 Senator Bruno. 6 SENATOR BRUNO: Madam President, 7 is there housekeeping at the desk that has to be 8 done at this time; anybody do housekeeping 9 presently? 10 THE PRESIDENT: No. 11 SENATOR BRUNO: No? Nobody does 12 housekeeping presently? 13 THE PRESIDENT: No. 14 SENATOR BRUNO: I guess the hour 15 is too early, okay? Not at this hour. I just 16 thought I would ask (laughter). 17 We are, Madam President, 18 conferring with the Assembly. There is some 19 unfinished business that we would like to get 20 finished, and we're trying to get a report on 21 whether or not that will be possible tonight. 22 We expect that information momentarily. 23 THE PRESIDENT: Very good. 12063 1 THE PRESIDENT: Senator Nozzolio. 2 SENATOR NOZZOLIO: Madam 3 President -- Madam President, I move to 4 reconsider Calendar Number 1411. 5 THE PRESIDENT: We'll call the 6 roll on reconsideration. 7 THE SECRETARY: Calendar Number 8 1411, by Senator Nozzolio, Senate Print 3982-A, 9 an act to amend the Vehicle and Traffic Law. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 57. 13 SENATOR NOZZOLIO: Lay it aside. 14 THE PRESIDENT: Lay it aside, 15 please. 16 Senator Bruno. 17 SENATOR BRUNO: Madam President, 18 we are concluded with our business minus one 19 piece of legislation and that's what we're 20 waiting for. We had word that the Assembly had 21 passed the bill. Now we're hearing that they 22 are explaining their votes. So hopefully they 23 will be short explanations. 12064 1 In the interim, Senator Paterson 2 may have a word or two that he would like to say 3 on behalf of his colleagues, so you might want 4 to recognize Senator Paterson. 5 THE PRESIDENT: My pleasure. 6 Senator Paterson. 7 SENATOR PATERSON: Thank you. 8 On behalf of the Minority Leader, 9 we would just like to thank particularly the 10 staff, all of whom performed far beyond their 11 intended capabilities by working to this hour 12 this evening. This is actually the first time 13 that we went over what is our new limit. 14 We've come and started our 15 sessions on time this year. We made a number of 16 changes. We are still arguing for some other 17 changes we would like to see made. We are - 18 but we're very happy to work with Senator 19 Bruno. We know we've caused the Senator a 20 couple of problems. Earlier today he looked a 21 little nervous about the casino gambling bill, 22 but it all worked out. He was nervous because 23 he had money on the bill, (laughter) but I have 12065 1 found him to be a person of outstanding 2 character and days like this build character, 3 and he is our leader. 4 It's been my privilege to work 5 with him. We've opened up every morning exactly 6 on time. We have our Senate clock tuned to the 7 U.S. Naval Observatory master clock, so we are 8 on time in the Senate, and it's been my 9 privilege to work with him and to all of you and 10 with you, Madam President. 11 THE PRESIDENT: Thank you. 12 Senator Bruno. 13 SENATOR BRUNO: Thank you, 14 Senator Paterson, and I want to thank my 15 colleagues on that side of the aisle for giving 16 us the opportunity to truly build character 17 today and we did. 18 I think we have -- we have 19 Assembly 8330 that has arrived, and I would ask 20 that we at this time take the bill up. 21 THE PRESIDENT: The Secretary 22 will read -- it has not arrived. 23 SENATOR BRUNO: It has not 12066 1 arrived. It is on my desk. 2 I stand corrected, Madam 3 President. Thank you. It is about to arrive, 4 and I apologize for the incorrect information. 5 In the meantime, I would just 6 like to thank as well everyone. We closed our 7 regular session as we all know on June 15th, 8 regular hour, and this was a cleanup session 9 that we have been cleaning up through these last 10 several days. We're fairly well cleaned up and 11 out, and we will shortly be totally cleaned up. 12 So I really just want to thank 13 the staff, thank my colleagues for your 14 indulgence, for your cooperation. We did a lot 15 of things together and I mean that, "we", 16 because this house does operate with the 17 assistance of everyone that is involved in the 18 process, staff, Senators, people that visit for 19 various reasons, and I want to thank you as the 20 chair, Madam President, for all the good things 21 that have happened here in this chamber this 22 year, and on behalf of all of the people out 23 there that I'm sure recognize how diligent we 12067 1 are working, whatever hours are necessary to do 2 the people's work, I'm sure they're appreciative 3 and, on their behalf, I say thank you. 4 Do you have something at the desk 5 that's of consequence, Madam President? 6 (Laughter). 7 THE PRESIDENT: That would be 8 judgmental, but I'd like to add also that I'm 9 very honored to have served with this group of 10 talented and committed and experienced lawmakers 11 and as a newcomer to Albany, you've all made me 12 feel very welcome, and I thank you for that. 13 (Applause.) 14 Senator Bruno, the Chair hands 15 down a message from the Assembly. 16 The Secretary will read. 17 Without objection, the bill is 18 ordered directly to third reading. 19 THE SECRETARY: Calendar Number 20 1629, by the Assembly Committee on Rules, 21 Assembly Print Number 8330, an act in relation 22 to addressing the situation in the Roosevelt 23 Union Free School District. 12068 1 THE PRESIDENT: Senator - 2 Senator Bruno, there is a message at the desk. 3 SENATOR BRUNO: Will you please 4 accept the message, Madam President. 5 THE PRESIDENT: All those in 6 favor of accepting the message, please signify 7 by saying aye. 8 (Response of "Aye".) 9 Those opposed, nay. 10 (There was no response.) 11 The message is accepted. 12 Read the last section, please. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll, 16 please. 17 THE SECRETARY: Ayes - 18 SENATOR BRUNO: Madam President. 19 THE SECRETARY: Ayes 56, nays 1, 20 Senator Dollinger recorded in the negative. 21 THE PRESIDENT: The bill is 22 passed. 23 Senator Bruno. 12069 1 SENATOR BRUNO: Thank you, Madam 2 President. 3 I just want to wish everyone a 4 safe, healthy summer, and there being no further 5 business to come before the Senate, we stand in 6 recess subject to the call of the Majority 7 Leader. 8 Thank you. 9 (Applause.) 10 THE PRESIDENT: Thank you. 11 Without objection, the Senate is adjourned. 12 (Whereupon, at 1:59 a.m., the 13 Senate adjourned.) 14 15 16 17 18