Thursday, October 12, 1995

12278 1 2 3 4 5 6 7 ALBANY, NEW YORK 8 October 12, 1995 9 12:02 p.m. 10 11 REGULAR SESSION 12 13 14 15 LT. GOVERNOR BETSY McCAUGHEY, President 16 STEPHEN F. SLOAN, Secretary 17 18 19 20 21 22 23 24 25 12279 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Would everyone please rise and 5 join me in the Pledge of Allegiance. 6 (Whereupon, the Senate and those 7 present joined in the Pledge of Allegiance to 8 the Flag.) 9 May we bow our heads now in a 10 moment of silence. 11 (Whereupon, there was a moment of 12 silence.) 13 The reading of the Journal, 14 please. 15 THE SECRETARY: In Senate, 16 Wednesday, October 11. The Senate met pursuant 17 to adjournment. Prayer by the Reverend Peter G. 18 Young, Blessed Sacrament Church, Bolton 19 Landing. The Journal of Tuesday, October 10, 20 was read and approved. On motion, Senate 21 adjourned. 22 THE PRESIDENT: Without 23 objection, the Journal stands approved as read. 24 Presentation of petitions. 25 Messages from the Assembly. 12280 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Bruno. 8 SENATOR BRUNO: Madam President. 9 Can we at this time adopt the Resolution 10 Calendar. 11 THE PRESIDENT: All in favor of 12 adopting the Resolution Calendar, signify by 13 saying aye. 14 (Response of "Aye.") 15 Opposed, nay. 16 (There was no response.) 17 The Resolution Calendar is 18 adopted. 19 Senator Bruno. 20 SENATOR BRUNO: Madam President. 21 Can we at this time return to the reports of 22 standing committees and ask that the report of 23 the Finance Committee be read. 24 THE PRESIDENT: The Secretary 25 will read, please. 12281 1 THE SECRETARY: Senator Stafford 2 from the Committee on Finance reports the 3 following nominations: 4 Member of the State Board of 5 Parole, Michael T. Finnerty of Albany. 6 Senator Nozzolio. 7 SENATOR NOZZOLIO: Thank you, 8 Madam President. 9 My colleagues. I rise with great 10 happiness today to enthusiastically support the 11 candidacy of Mike Finnerty to be a member of the 12 New York State Board of Parole. Many who have 13 worked with Mike here in the Senate know of his 14 hard-working - 15 THE PRESIDENT: Order. 16 SENATOR NOZZOLIO: -- know of his 17 hard-working spirit and enthusiasm for the job, 18 and he works very hard on behalf of many of us 19 here in the Senate. 20 But I would like to point out to 21 my colleagues that we have in this candidate one 22 who knows of the workings of Probation and 23 Parole from the ground up through his work many 24 years ago with the Wayne County Probation 25 Department and knowing these issues, working 12282 1 through responsibilities in the State Senate, 2 first with late Senator Fred Warder and more 3 recently with Senator Paul Kehoe; and in that 4 work with Senator Kehoe, Mike was very 5 instrumental in working with Paul when he was 6 chairman of the Senate Committee on Crime and 7 Corrections. 8 Mike has gleaned experience that 9 will be, I believe, ideally suited and of great 10 value to his new responsibilities as a member of 11 the Parole Board. 12 I could say many good things 13 about Mike Finnerty. I have known him for over 14 20 years, and I know those who work with him 15 here share my happiness with his selection as a 16 member of the Parole Board. 17 The challenges ahead for the 18 Parole Board, not just Mr. Finnerty but a number 19 of others who are going to be confirmed today is 20 one of extreme challenge, one of extreme 21 gravity, because certainly as things are being 22 changed within our correctional system, more 23 demand for prison space and more demand for 24 those who must work in Parole as Parole in its 25 whole role and purpose is being changed, I think 12283 1 Mike will have a great value to the Parole Board 2 because of his experience at the county level 3 and his experience here with legislative 4 policy. 5 Madam President. It is with 6 great privilege and honor that I rise in support 7 of this nomination. Certainly we will miss him 8 in the state Senate. We will miss his guidance 9 and support. He has been support to me and 10 guidance to me in my responsibilities as 11 chairman of the Senate Committee on Crime and 12 Corrections. Because of Mike's experience with 13 those matters, he has provided me with 14 invaluable assistance, and I certainly will miss 15 working with him on a day-to-day basis but look 16 forward to his tenure as a member of the Parole 17 Board. I believe, again, that his knowledge of 18 this institution, his knowledge of what happens 19 out in the field in local government in the area 20 of probation, will stead this Parole Board with 21 great service. 22 Mike, I wish you all the best. 23 And, Madam President, with great 24 honor, I do second the nomination of Michael T. 25 Finnerty as a member of the New York State 12284 1 Parole Board. 2 THE PRESIDENT: Thank you, 3 Senator Nozzolio. 4 Senator Hoblock. 5 SENATOR HOBLOCK: Thank you, 6 Madam President. I appreciate the opportunity 7 to second the nomination of Michael Finnerty as 8 a member of the New York State Parole Board. 9 As Senator Nozzolio pointed out, 10 Mike has a depth of experience that will enable 11 him to approach his new job in both a practical 12 and professional manner, and he will be a 13 substantial asset as a member of the Board of 14 Parole, and I congratulate the Governor in 15 making this fine selection. 16 I think we will benefit. All of 17 us in New York will benefit from Mike's 18 appointment because I know that he will bring to 19 this board the sensitivity of balancing the 20 needs of the victim with the need of the accused 21 or the criminal. 22 So it gives me great pleasure to 23 second the nomination of Michael Finnerty as a 24 member of the State Board of Parole. 25 THE PRESIDENT: Thank you, 12285 1 Senator. 2 Senator Volker. 3 SENATOR VOLKER: Madam 4 President. Michael who? No. 5 Mike, I just want to say that the 6 whole group here today -- I'd just like to say 7 that I think this group of parole commissioners 8 is probably as excellent a group as we have - 9 as I have seen since I have been here in the 10 Senate in the 23 years that I have been here. 11 Michael, of course, who was staff 12 director to Crime and Corrections, the committee 13 that oversees parole, certainly knows this 14 area. Those of us who have served with Mike 15 know that he knows not only criminal justice but 16 obviously parole and the workings of the 17 Legislature. In fact, I really believe that one 18 of the things that the Parole Board has or is 19 providing here is a knowledge, a working 20 knowledge not only of parole but of the whole 21 system. Michael certainly provides that view. 22 We're going to miss him here. 23 He's been not only an outstanding employee of 24 the Senate but also a good friend. It's another 25 one of those mixed feelings because I know it 12286 1 adds a great deal to the Board of Parole, but we 2 in the Senate will certainly feel his loss. 3 Good luck, Michael. 4 THE PRESIDENT: Thank you, 5 Senator Volker. 6 Senator Maziarz. 7 SENATOR MAZIARZ: Thank you, 8 Madam President. As a member of the Crime 9 Victims, Crime and Corrections Committee, I want 10 to join with Senator Nozzolio, our chairman, 11 just to praise the background and the efforts 12 that Mike Finnerty has made to this body over 13 the years. 14 I have only known Mike for a 15 short time, but I certainly have been impressed 16 with him. He's been a great resource for me, 17 and I certainly wish him well, and I join in 18 seconding his nomination. 19 Thank you. 20 THE PRESIDENT: Thank you. 21 Senator Marchi. 22 SENATOR MARCHI: Madam 23 President. You have been gracing us with your 24 valued presence for only a short period, but 25 it's been a happy experience. 12287 1 You should know that Mike 2 Finnerty, in addition to all of the qualities 3 that have been described, and they are really 4 valid and appropriate experience in the subject 5 matter that he is going to be addressing, and a 6 wisdom that he has demonstrated over a wide 7 range of subjects, he is also a legendary 8 figure. He is part of the legend of Albany. 9 With a saving sense of humor, he has added 10 immeasurably to the pleasure of being together. 11 These are qualities that, you 12 know -- he has all of the great qualities. You 13 know, we have a lot of geniuses. He does raise 14 the spirit of everybody who works with him. So 15 to have him continue in a position of 16 responsibility, I know that that agency will 17 have the benefit of his counsel and his 18 contribution; and at the same time, it will be a 19 happier place. I do hope he comes back once in 20 a while to lift our morale. 21 You do it, though, so well that 22 we feel adequately compensated. I take pleasure 23 in endorsing this nomination with all the spirit 24 and joy that I can muster. 25 THE PRESIDENT: Thank you, 12288 1 Senator Marchi. 2 Senator Farley. 3 SENATOR FARLEY: Thank you, Madam 4 President. I guess I have to rise to second the 5 nomination of Michael Finnerty, who I have known 6 a number of years, a great Irish-American to say 7 the least, somebody that has served a number of 8 our Senators that have been here and somebody 9 that has been very loyal to this house and 10 somebody that has been a great member of the 11 Senate family. 12 Mike, we're very proud of you, to 13 finally see that you have a job that you will 14 like and know a lot about, the parole business. 15 Mike, we wish you well, and I'm pleased to 16 support your nomination. 17 THE PRESIDENT: Thank you, 18 Senator Farley. 19 Senator Rath. 20 SENATOR RATH: Madam President. 21 I rise to second, along with many of my 22 colleagues, the nomination of Michael Finnerty. 23 Senator Marchi spoke about Michael Finnerty 24 being one of the legends of Albany. Well, for a 25 while, Michael wasn't in Albany; and when he 12289 1 wasn't in Albany, he was working for us in Erie 2 County, and he likes to call me one of his five 3 or six bosses. I can't remember how many 4 members we had in the minority in those days, 5 Michael, but we worked mightily at what we did, 6 and Michael was our leader. 7 And it's with great pleasure that 8 I second the nomination not only from the State 9 Senate but from those of us who knew and loved 10 you and your work in Erie County. 11 Thank you, Michael. 12 THE PRESIDENT: Thank you, 13 Senator Rath. 14 The question -- oh, I'm sorry. 15 Senator Stafford. 16 SENATOR STAFFORD: Madam 17 President. Mr. Finnerty has heard me speak 18 before on this floor, and he asked me yesterday 19 if I would say that this is one of the best 20 appointments the Governor has ever made, and I 21 on a serious note, obviously, support what's 22 been said. I certainly can not add to it, but 23 he is a dedicated professional and our state is 24 better for him. 25 Thank you. 12290 1 THE PRESIDENT: Thank you. 2 Senator Dollinger. 3 SENATOR DOLLINGER: Madam 4 President. I think both Senator Jones, who gave 5 her views in the Finance Committee, and myself 6 find this a bittersweet vote, since Michael 7 Finnerty, while being a legend here in Albany, 8 is also a legend of sorts in Monroe County. 9 I sometimes feel like Senator 10 Jones and I have been the leading targets on 11 that dartboard he keeps in his office. In 12 November of every other year, we seem to see a 13 lot of Michael Finnerty or a lot of evidence of 14 him, and this is a bittersweet vote for us, 15 but - 16 I will say one thing on a 17 personal note. As someone whom I have been in 18 some very difficult campaign with on the other 19 side of the fence, I perhaps haven't liked what 20 he's done. I'm sure he hasn't liked necessarily 21 what I have done, but I've always found him to 22 be a man of humor and a man of political 23 insight. He's an interesting guy to sit down 24 with and have a political conversation even 25 though he may come from entirely the other side 12291 1 of the fence. 2 I think he's got wit. I think 3 he's got intelligence, and I think he will bring 4 an asset to the Parole Board, and the other 5 thing that's most encouraging to me today is I 6 finally figured out what he did all those 7 years. He was the senior constituent relations 8 coordinator. I have always thought he was the 9 political man, but I now know what that means. 10 Good luck, Michael. 11 THE PRESIDENT: Thank you, 12 Senator Dollinger. 13 The question is on the 14 confirmation of Michael T. Finnerty, as a member 15 of the State Parole Board. 16 All those in favor, signify by 17 saying aye. 18 (Response of "Aye.") 19 Opposed, nay. 20 (There was no response.) 21 Michael T. Finnerty is hereby 22 confirmed as a member of the State Board of 23 Parole. 24 Congratulations. 25 (Applause.) 12292 1 The Secretary will read, please. 2 THE SECRETARY: Member of the 3 State Board of Parole, Kenneth Graber of 4 Lancaster. 5 THE PRESIDENT: Senator Volker. 6 SENATOR VOLKER: Madam 7 President. I rise to second the nomination of 8 Ken Graber, who, very honestly, is my neighbor 9 and lives right down the street from me, whom 10 I've known for -- well, I guess for 20 years - 11 20 years or so, who is probably one of the most 12 qualified people to be appointed to the Parole 13 Board. He's been an administrative law judge 14 for I think about -- something like seventeen 15 years, if I'm not mistaken. He was also in the 16 Attorney General's Office. He's been active in 17 the community for many, many years, he and his 18 family, which is one of the more prominent 19 families in the Erie County community. He will 20 make, in my opinion -- as I said before about 21 this whole group, I think represents one of the 22 finest groups of Parole commissioners that I 23 have seen since I have been in the Senate. 24 I have no question that Ken will 25 add a great deal to the Parole Board, and that 12293 1 he will do a great job. My congratulations to 2 the Governor on this appointment, in particular, 3 and my best wishes to Ken as a member of the 4 Parole Board. 5 THE PRESIDENT: Thank you. 6 Senator Maziarz. 7 SENATOR MAZIARZ: Thank you, 8 Madam President. Just very briefly, I want to 9 say that I have known Ken Graber a long time. I 10 served with both he and his wife in the General 11 Casimer Pulaski Society in Western New York. He 12 is a fine man, a fine lawyer. He is going to do 13 a great job on the State Board of Parole. 14 Thank you. 15 THE PRESIDENT: The question is 16 on the confirmation of Kenneth Graber as a 17 member of the State Board of Parole. 18 All in favor, signify by saying 19 aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (There was no response.) 23 Kenneth Graber is hereby 24 confirmed as a member of the State Board of 25 Parole. 12294 1 Congratulations. 2 (Applause.) 3 The Secretary will read. 4 THE SECRETARY: Member of the 5 State Board of Parole, Lawrence P. Ibsen of 6 Bronxville. 7 SENATOR SPANO: Mr. President. 8 ACTING PRESIDENT NOZZOLIO: 9 Senator Spano. 10 SENATOR SPANO: It's my pleasure 11 to move the nomination of Larry Ibsen as member 12 of the State Board of Parole. I have had an 13 opportunity to know Mr. Ibsen for a number of 14 years. As a resident of Westchester County, he 15 is a person who has a strong background in 16 parole in working for the county of Westchester 17 for a long, long time, has distinguished himself 18 in that area, is involved in many local 19 activities, and has the temperament to serve as 20 a member of this state board. 21 And I commend the Governor for 22 this appointment and move the nomination of 23 Larry Ibsen. 24 ACTING PRESIDENT NOZZOLIO: The 25 question is on the confirmation of Lawrence P. 12295 1 Ibsen as a member of the State Parole Board. 2 All those in favor, signify by 3 saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response.) 7 Lawrence P. Ibsen is hereby 8 confirmed as a member of State Board of Parole. 9 Congratulations. 10 (Applause.) 11 Secretary will read. 12 THE SECRETARY: Member of the 13 State Board of Parole, Gabriel Pagan of the 14 Bronx. 15 ACTING PRESIDENT NOZZOLIO: 16 Senator Mendez. 17 SENATOR MENDEZ: Mr. President. 18 I do rise in support of the nomination of 19 Gabriel Pagan as a member of the Parole Board. 20 I have known Mr. Pagan for about 21 20 years. He has worked in that agency. He 22 knows the agency through and through. 23 Besides his professional 24 accomplishments, Mr. Pagan has been a person 25 very strongly involved in civic, religious 12296 1 organizations, doing great voluntary work not 2 only in the Bronx but also in the City of New 3 York. 4 I want to congratulate the 5 Governor not only for appointing Mr. Pagan but 6 also for appointing to this very important board 7 such a group of so highly-qualified 8 individuals. 9 So I move the nomination of 10 Gabriel Pagan, Mr. President. 11 ACTING PRESIDENT NOZZOLIO: Thank 12 you, Senator Mendez. 13 The question is on the 14 confirmation of Gabriel Pagan as member of State 15 Parole board. 16 All in favor, signify by saying 17 aye. 18 (Response of "Aye.") 19 Opposed, nay. 20 (There was no response.) 21 It gives me great pleasure in 22 hereby confirming Gabriel Pagan as member of the 23 State Board of Parole. 24 Congratulations, Mr. Pagan. 25 (Applause.) 12297 1 Secretary will read. 2 THE SECRETARY: Commissioner of 3 Agriculture and Markets, Donald R. Davidsen of 4 Canisteo. 5 ACTING PRESIDENT NOZZOLIO: 6 Senator Kuhl. 7 SENATOR KUHL: Yes, Mr. 8 President. It's my privilege to second the 9 nomination of Donald R. Davidsen to the position 10 of Commissioner of the Department of Agriculture 11 and Markets. 12 I have known Don for a number of 13 years, and I have seen him serve in a number of 14 capacities. Don has an education in the 15 agricultural arena. He attended the College of 16 Agriculture and Life Sciences at Cornell 17 University before he transferred to the Vet 18 College of Medicine. He graduated from that, 19 became a practicing veterinarian. 20 But he has also had an extensive 21 career in the community. He has done such 22 things as been a county coroner. He's been a 23 county legislator. He has served on a school 24 board; and, certainly, for the last nine years, 25 he's been one of our colleagues and served with 12298 1 great distinction in the Assembly. 2 Don was raised on a dairy farm in 3 Washington County. He has practiced veterinary 4 medicine in Steuben County for close to 20 5 years. He is now retired from that. He served 6 in the Air Force as an Air Force captain. So he 7 has had an extensive background. 8 I can't think of anybody who will 9 serve with greater distinction than Donald 10 Davidsen as Commissioner in the Department of 11 Agriculture and Markets. He certainly has a 12 vision. I have had the luxury -- and I say 13 truly luxury -- as having him as one of my 14 colleagues and served with him representing 15 people in Steuben and Yates and Schuyler 16 Counties, and he has truly dedicated himself to 17 their service. Whenever called upon, he was 18 always ready and willing to respond and to 19 answer. 20 He has a sensitivity, I think, 21 that a lot of our colleagues don't have. He has 22 an insight, certainly, that a lot of our 23 colleagues don't have. I hear it continually 24 from my constituents that they like Don 25 Davidsen, and they view this as an opportunity 12299 1 for him to really reach the pinnacle of his 2 career in public service. 3 Certainly, as many of us who have 4 served in the minority at one time or another 5 know, it's a frustrating experience to be in the 6 minority either in the Senate or in the 7 Assembly. You don't always have an opportunity 8 to impact the residents in total in this state 9 as you might in serving in the majority. So 10 this position really serves all of us well, I 11 think, in having him appointed to this 12 position. I know that he takes the opportunity 13 with a great deal of thought and certainly with 14 a great deal of obligation and a sense of 15 tremendous responsibility to do what is right 16 for agriculture in New York. 17 Agriculture certainly is a 18 predominant economic force. We have seen the 19 seams of our communities in Upstate New York 20 unraveling because of the tremendous pressures 21 on the farms. There isn't a person that I know 22 of in this state who has the experience, the 23 intellect, the education, to be able to try to 24 solve those problems as Don Davidsen has. 25 So it's with a great deal of 12300 1 pleasure that I stand here before you and ask 2 all of my colleagues to join me in supporting 3 his nomination, because I truly think that if 4 there ever was hope for the people on the small 5 farms, the big farms, people involved in 6 agriculture, whether they're the employers or 7 the employees, it comes with this nomination 8 and, certainly, giving him the opportunity to 9 move agriculture back to the forefront of what 10 it once was in New York. 11 This nomination certainly is a 12 great one in my view coming from the Governor. 13 I don't think there could have been another 14 person who could have filled this role at this 15 time in this state other than Don Davidsen, so I 16 ask all of you to support him in this 17 nomination, and I move the nomination, Mr. 18 President. 19 ACTING PRESIDENT NOZZOLIO: Thank 20 you, Senator Kuhl. 21 Senator Leibell. 22 SENATOR LEIBELL: Thank you, Mr. 23 President. 24 I could not let this opportunity 25 go by without rising to comment, as my colleague 12301 1 Senator Kuhl just has, on the excellent 2 nomination we receive here today. I had the 3 chance and the good fortune over a number of 4 years to serve with "Doc" in the State 5 Assembly. We see someone who comes before us 6 today with wonderful credentials for this 7 position by training, by his experience here in 8 the Legislature, his professional background, 9 his vision and dedication, as a man of great 10 integrity who I think, as was noted, will help 11 agriculture tremendously in the State of New 12 York. 13 I would also note that for -- I 14 think for the entire Assembly, "Doc" was our 15 unpaid veterinary consultant for all of us who 16 have pets. He did a great job of it. Anytime 17 one of us had a puppy with a dry nose, we went 18 over to see "Doc". He and his wife have brought 19 great grace to the Legislature. They are 20 wonderful people, and I take great pleasure in 21 seconding this nomination today. 22 ACTING PRESIDENT NOZZOLIO: Thank 23 you, Senator Leibell. 24 Senator Volker. 25 SENATOR VOLKER: I also want to 12302 1 rise in support of Don, who as I said in -- in 2 the Finance Committee, it's another one of those 3 mixed feelings. It's great to have Don as the 4 Commissioner of Agriculture. He is a fine 5 gentleman and knows agriculture inside out, and 6 I don't think there could be a better pick by 7 the Governor; but I think the other side of the 8 coin is that, unfortunately, we won't have Don 9 as an Assemblyman, as somebody who is not only a 10 fine gentleman but somebody who represented his 11 district so well and represented Western New 12 York so well. It's a great appointment. I know 13 he will do a great job, but I personally will 14 miss Don out on the hustings as the saying goes, 15 but -- but I know he will do well, and I wish 16 him the very best. 17 ACTING PRESIDENT NOZZOLIO: Thank 18 you, Senator Volker. 19 Senator Wright. 20 SENATOR WRIGHT: Thank you, Mr. 21 President. 22 I, too, rise to second the 23 nomination of Don Davidsen. I represent an area 24 that is probably the heart of the North Country 25 in terms of agriculture, and I'm very pleased to 12303 1 have the Governor nominate an individual of the 2 caliber of Don Davidsen. 3 I think anyone who had the 4 opportunity yesterday to watch the Commissioner 5 designee address the questions that were being 6 posed to him at the Agriculture Committee knows 7 full well his understanding of the issue, the 8 breadth of knowledge that he brings, the unique 9 perspective that he brings, having been both a 10 practicing veterinarian as well as a member of 11 the legislative body here in the Capitol, and I 12 think that's a unique combination. 13 So I, too, rise to second the 14 nomination and look forward to working with 15 Commissioner Davidsen and wishing him the best 16 of luck from the agricultural North Country. 17 ACTING PRESIDENT NOZZOLIO: Thank 18 you, Senator Wright. 19 Senator Saland. 20 SENATOR SALAND: Thank you, Mr. 21 President. I, too, rise in support of Don 22 Davidsen, a former colleague when I had the 23 opportunity, as many of us did in this house, to 24 serve in what our colleague Senator Velella 25 called "the big house." 12304 1 I would submit that Don Davidsen 2 would be an excellent nomination to any 3 position. He is a talented very, very well 4 qualified individual; and beyond his 5 qualifications particularly for Ag and Markets, 6 he's just an extraordinarily decent human being. 7 It's my pleasure as a former 8 colleague and a member of this house to join in 9 moving your nomination, and wish you nothing but 10 the best. You deserve it. We deserve you, and 11 the people of the State of New York will be well 12 served by you. 13 ACTING PRESIDENT NOZZOLIO: Thank 14 you, Senator Saland. 15 Senator Larkin. 16 SENATOR LARKIN: Thank you, Mr. 17 President. 18 I rise to second the nomination 19 of Don Davidsen as Commissioner of Ag and 20 Markets. Those of us who had the privilege of 21 working with Don as a member of the Assembly, we 22 were always cognizant of the fact that he was 23 concerned about every issue that ever came up on 24 the table, and, you know, when you look at the 25 Ag and Markets, as Senator Kuhl alluded to so 12305 1 far before, those of us who have ag districts in 2 our communities and have the wide breadth of 3 what agriculture to this state means, the 4 Governor had to find somebody who could commit 5 himself, not part time, not half time, but 150 6 percent of the time. His selection and 7 nomination of Don Davidsen sends a clear 8 indication to the farm community of the State of 9 New York that we will have somebody at the helm 10 who's going to be responsible to whatever area 11 of interest you have. 12 I can tell you, Mr. Davidsen, 13 that the members of my community, the farm 14 community and the business community, were 15 elated when they received copies of your 16 nomination and your background, and I'm very 17 proud to stand here and say I look forward to 18 many, many years of your success and many, many 19 years of success for the ag business in the 20 State of New York under your leadership. 21 ACTING PRESIDENT NOZZOLIO: Thank 22 you, Senator Larkin. 23 Senator Seward. 24 SENATOR SEWARD: Thank you, Mr. 25 President. 12306 1 I, too, am honored and privileged 2 to rise and second the nomination of Don 3 Davidsen to be the Commissioner of the 4 Department of Agriculture and Markets. He is 5 our good friend and colleague. 6 Even in tough times, agriculture 7 remains our state's largest industry and there 8 are many, many challenges that are being faced 9 by the agricultural community in these days; 10 however, I am fully confident with Don 11 Davidsen's background both in agriculture and in 12 public service and government that he is the 13 right man in the right job to assist the 14 agricultural community and the state as a whole 15 in meeting the challenges that confront them. 16 So I'm very pleased to second the 17 nomination of Don Davidsen who has my 18 enthusiastic support. 19 ACTING PRESIDENT NOZZOLIO: Thank 20 you, Senator Seward. 21 The question is on the 22 confirmation of Donald R. Davidsen as 23 Commissioner of Agriculture and Markets. 24 All in favor, signify by saying 25 aye. 12307 1 (Response of "Aye.") 2 Opposed, nay. 3 (There was no response.) 4 Donald R. Davidsen, it gives me 5 great pleasure as privilege of the chair to tell 6 you, as one who served with you for six years in 7 the Assembly, four years on the Ag Committee 8 with you as ranking member, and gives me 9 tremendous honor to hereby announce the 10 confirmation of you as New York State 11 Commissioner of Agriculture. 12 Congratulations, Don. 13 (Applause.) 14 Also congratulations to Betty. 15 Very nice honor for both of you. 16 Secretary will read. 17 THE SECRETARY: Member of the 18 Unemployment Insurance Appeal Board, Michael R. 19 Cuevas of Schenectady. 20 ACTING PRESIDENT NOZZOLIO: 21 Senator Farley. 22 SENATOR FARLEY: Thank you, Mr. 23 President. 24 It's with a great deal of 25 enthusiasm that I nominate Mike Cuevas for this 12308 1 Unemployment Insurance Appeals Board. 2 Michael Cuevas is the -- heads 3 the City Law Department in the city of 4 Schenectady, has for a number of years. I have 5 known him for a long time. I know his family. 6 He is a remarkable young man and an outstanding 7 lawyer. 8 Let me just say this. In the 9 city of Schenectady politics and the City 10 Council and Mayor and everybody, it's always 11 been a tempestuous and exciting situation and a 12 lot of really partisan sparring, but Mike 13 Cuevas, who was the counsel to the Mayor and 14 headed the city department, was respected by 15 both sides of the aisle. He is a real fine 16 human being and somebody that is extremely 17 competent. Seldom have I met a young man who is 18 so respected within the community from which he 19 comes. 20 He is not only one of the leading 21 Hispanics in our community, he is also respected 22 by all members of the bar, by the press, by 23 people on both sides of the aisle. This is a 24 terrific appointment. 25 And, Mike Cuevas, we're honored 12309 1 to have you, and I congratulate the Governor on 2 choosing this outstanding human being for this 3 important job. 4 Mike, we wish you well. I know 5 that you will serve well, and the state is 6 indeed fortunate to have you. 7 ACTING PRESIDENT NOZZOLIO: Thank 8 you, Senator Farley. 9 Senator Mendez. 10 SENATOR MENDEZ: Mr. President. 11 I also do rise to second the nomination of Mr. 12 Michael Cuevas to the position of member of the 13 Unemployment Insurance Appeals Board. 14 Mr. Cuevas is a young man, as was 15 stated before by Senator Farley, a bright - 16 very bright young lawyer; and he is, Mr. 17 President, a Puerto Rican American just like 18 me. 19 So, once more, I have to 20 congratulate the Governor for making these 21 appointments and, in this instance, two very 22 wonderful Puerto Rican men, two great 23 professionals, and that, as a Puerto Rican, 24 fills my heart with joy and contentment. 25 I know that this young man is 12310 1 going to make a great contribution in his new 2 position; and, therefore, I move his 3 confirmation. 4 ACTING PRESIDENT NOZZOLIO: Thank 5 you, Senator Mendez. 6 The question is on the 7 confirmation of Michael Cuevas as member of the 8 New York State Unemployment Insurance Appeals 9 Board. 10 All in favor, signify by saying 11 aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 (There was no response.) 15 Michael Cuevas is confirmed as 16 member of the Unemployment Insurance Board. 17 Sitting with Commissioner Cuevas is his wife, 18 Judy. Congratulations to you both. 19 (Applause.) 20 Secretary will read. 21 THE SECRETARY: Member of the 22 State Council on Youth, Gerard J. Papa of 23 Brooklyn. 24 ACTING PRESIDENT NOZZOLIO: 25 Senator Saland. 12311 1 SENATOR SALAND: Mr. President. 2 Mr. Papa was considered by the Children and 3 Families Committee for the appointment to this 4 position. He certainly has an extraordinarily 5 impressive background, and the committee has 6 unanimously made the recommendation; and by 7 merely glancing at his resume and seeing not 8 only his professional background, his experience 9 but his involvement with children, it seems to 10 me that the Governor has made an excellent 11 appointment, one which the director, Director 12 Johnson, also highly recommends, as well. 13 So I would move the appointment 14 of Mr. Papa to this position. 15 ACTING PRESIDENT NOZZOLIO: Thank 16 you, Senator Saland. 17 Senator Solomon. 18 SENATOR SOLOMON: Yes, Mr. 19 President. I have known Jerry Papa for over - 20 I guess close to 20 years. He lives several 21 blocks from me. He's been involved with a 22 number of youth organizations. One notably 23 called the Flames has been highlighted on the 24 cover of New York Magazine and - 25 ACTING PRESIDENT NOZZOLIO: 12312 1 Excuse me, Senator Solomon, if you will suffer 2 an interruption. 3 (Whereupon, the gavel was used.) 4 It was getting too noisy to hear 5 you, Senator. 6 SENATOR SOLOMON: What some of 7 the people don't know, he is so dedicated to the 8 youth that he actually gave up a position as a 9 tax lawyer on Wall Street to dedicate himself to 10 some of the youth activities as a nonsalaried 11 individual in Brooklyn, to serve with these 12 individuals, and, in fact, he has really made a 13 mark for himself in the communities that he has 14 served in my area, in Brooklyn, and I am more 15 than happy to second his nomination. 16 ACTING PRESIDENT NOZZOLIO: Thank 17 you, Senator Solomon. 18 The question is on the 19 confirmation of Gerard J. Papa as member of the 20 State Council on Youth. 21 All in favor, signify by saying 22 aye. 23 (Response of "Aye.") 24 All opposed, nay. 25 (There was no response.) 12313 1 Gerard J. Papa is hereby 2 confirmed as a member of the State Council on 3 Youth. 4 Secretary will read. 5 THE SECRETARY: Member of the New 6 York Job Development Authority, David H. 7 Feinberg of New York City. 8 SENATOR LEICHTER: Mr. President. 9 ACTING PRESIDENT NOZZOLIO: 10 Senator Leichter. 11 SENATOR LEICHTER: Yes, Mr. 12 President. On the nomination, I asked in the 13 Finance Committee that Mr. Feinberg appear 14 before the Finance Committee. I made the same 15 request for Charles E. Dorkey and also Anthony 16 H. Gioia, and my comments will now also pertain 17 to those two nominees. 18 The reason that I asked that they 19 appear before the Finance Committee is because 20 it is my understanding that all three of them 21 are actively engaged in raising money for 22 Governor Pataki. Now, there's nothing wrong in 23 the fact that these three individuals have also 24 in past years made substantial contributions to 25 the Governor, and I think we ought to be very 12314 1 clear what the issue is because in the Finance 2 Committee, although I thought I was clear, 3 obviously I wasn't because people focused on the 4 wrong issue. 5 Let's be clear what the two 6 issues are. One issue is whether people are 7 being appointed to high government posts solely 8 and exclusively because of their political 9 activity and/or fund giving or raising. That 10 deals with the qualification of these candidates 11 and, frankly, in this administration, I think we 12 have seen an excess of people who come before us 13 and whose resume is chock full of their 14 political activity for the Republican Party and 15 Governor Pataki. 16 But that's not the issue in 17 regard to these three people. Although they 18 have given substantially to the Governor, I 19 would vote -- I would vote to confirm them 20 except for the second issue, which is a separate 21 issue, which is the issue I raised and which is 22 the issue which needs to be considered; that is, 23 that these people are being appointed to a very 24 sensitive, powerful, economic body. 25 This particular nomination I 12315 1 believe is as a member of the New York Job 2 Development Authority. The others are to the 3 Board of Directors of the New York State Science 4 and Technology Foundation. Both of these bodies 5 make substantial economic grants. They give 6 money. They give contracts. 7 Moreover, it's my understanding 8 that both the Job Development Authority and the 9 New York State Science and Technology Foundation 10 are going to be folded into one super economic 11 agency that's going to be called the Empire 12 Development Corporation, really the successor or 13 the new name for the Urban Development 14 Corporation. 15 Now, to appoint people to that 16 economically sensitive body and not to know 17 whether they're going to continue their fund 18 raising activities, to my mind, is a lack of or, 19 if you will, is really an abdication of our 20 responsibility to see that the public interest 21 is protected. 22 I called one of these nominees, 23 Anthony Gioia. I found him a very engaging 24 person. But he told me when I asked him, "Mr. 25 Gioia, if you are confirmed in this position, 12316 1 will you pledge to discontinue any political 2 fund raising?" He said to me, "Senator, I can't 3 say that. I will talk to some people. I will 4 get back to you." He has not. 5 I have not heard from the other 6 two people; and, as I said, they did not appear 7 before the committee. They did not make a 8 statement as to whether they are going to 9 continue their fund raising activities. 10 I think that we're seeing, 11 unfortunately, here a pattern of putting members 12 of the Pataki Finance Committee in these 13 positions that enhance their fund raising 14 capability. In some ways, it's -- to quote 15 Willie Sutton in another context, maybe "that's 16 where the money is"; and if that's why they are 17 being appointed and if that's what they are 18 going to be doing, it is absolutely wrong; and 19 we should not act on these nominations until we 20 know they will give up their fund raising 21 activities. 22 Now, earlier this summer, there 23 was an incident in Saratoga, a fund raiser, that 24 was chaired by the person who is the acting head 25 of the Racing and Wagering Board; and at that 12317 1 time, when it was publicly disclosed and 2 criticized, the Governor stated that top people 3 in his administration will no longer engage in 4 fund raising, but we have never seen anything in 5 writing. There's no rules. There's no 6 guidelines. We don't know who's covered, and we 7 don't know the extent or the inclusiveness of 8 this prohibition. 9 Just very recently, the press 10 secretary of Charles Gargano, who is head of 11 this particular authority, stated and was quoted 12 in the paper as stating in regard to Mr. 13 Gargano's fund raising activities that he would 14 not engage -- and I want to -- bear with me just 15 a moment while I find the exact statement, but 16 it was to the effect that he would not engage 17 "in an official capacity." I don't know what 18 that means. 19 Does that mean that instead of 20 using the title of Commissioner when calling 21 people to raise money, he is going to say I'm 22 Ambassador Gargano or I'm Charles Gargano? What 23 does it mean "official capacity"? I asked his 24 press secretary for clarification. I haven't 25 received it. Does it mean he's going to engage 12318 1 in fund raising in an unofficial capacity. I 2 think it's absolutely wrong for the head of 3 economic development in the State of New York to 4 be engaged in fund raising. 5 And these three nominees that I'm 6 questioning, they are going to be on that same 7 board. They have extensive powers; and if they 8 are going to engage in political fund raising, 9 it is against the public interest. It will lead 10 to conflict of interest. It should not be done, 11 and I think that we have a responsibility to be 12 more than just rubber stamps. 13 I agree there's a great deference 14 to be given to a governor, and you have seen me 15 oppose Governor Cuomo when I thought that that 16 deference should not been given because the 17 nominee was not either qualified or for some 18 other reason should not be confirmed. 19 And I'm asking you not to vote 20 them down at this time. Lay this aside. Bring 21 these three people before us. Get an answer to 22 the question, "Are you going to engage in 23 political fund raising?" If the three of them 24 say, "I will not engage in political fund 25 raising" while I hold these positions, I will 12319 1 join you in voting for their confirmation. I 2 may differ with them politically, but I think 3 under those circumstances the Governor is 4 entitled to have his nominees confirmed. But if 5 they are going to engage in fund raising, it's 6 wrong. It's a misuse, and at that point we have 7 to say, no, that can not occur. 8 Now, some people may say, "You 9 are being partisan. Didn't other governors also 10 have some of their commissioners engage in fund 11 raising?" Yes, they did. But I must say I have 12 not seen such a single-minded focus in any other 13 administration in putting people who are 14 politically active in high government positions 15 as I have with the Pataki administration. 16 And I criticized Governor Carey 17 at a time when he had a picture of himself and 18 the four legislative leaders. Some of you may 19 remember. I joined you in criticizing Governor 20 Cuomo when he used so-called public service 21 announcements which really were a way of getting 22 his name out. Last year, I publicly criticized 23 Vince Tese when two UDC employees ghost wrote a 24 book for Governor Cuomo, and I went to John Daly 25 who was then the chairman of the Corporation 12320 1 Committee, and I said, "You ought to hold 2 hearings on it. It's wrong." 3 So I'm not being partisan. I'm 4 saying that we as Senators have a 5 responsibility, and I think to have those three 6 people in view of their active political work, 7 in view of their fund raising activity, and in 8 view of the positions that they are being 9 appointed to without knowing the key answer, 10 "Are you going to give up all political fund 11 raising?" without knowing that, we should not 12 act on those nominations. 13 Now, all I asked the Finance 14 Committee was lay it aside until these three 15 people can come before us, or let them make a 16 written statement. Let them call me or other 17 members of the committee and state what their 18 position is, and then we can act on it, but I 19 urge you not to act on it today. If you are 20 going to force this issue through, I will vote 21 against them because I think the public deserves 22 to know that the people who hold high government 23 office and posts, and posts economically so 24 powerful, will not use those posts in any way to 25 engage in political fund raising. 12321 1 ACTING PRESIDENT NOZZOLIO: 2 Senator Stafford. 3 SENATOR STAFFORD: Mr. 4 President. We had this discussion in the 5 Finance Committee; and as I pointed out there, 6 we can debate campaign financing and there will 7 be many people on many, many sides of the issue, 8 because there are more than two sides, but, 9 today, we have before us people who have been 10 nominated, they are capable, they want to be 11 involved. And I think we have to be very 12 careful if we say, "If you're working with us 13 well, that you can't be involved in the 14 political process." 15 I only emphasize that if we are 16 to say that you can't been involved, you know, 17 we're infringing upon their freedom as a matter 18 of fact, and we will find there are many 19 nominated who don't contribute. Some do, some 20 don't. All of us would rather have people 21 involved in the political system. 22 Yes, we can debate about changing 23 it. As I say, those debates are going to be 24 ongoing; but, today, we have three people who 25 have been pointed out here today who are in 12322 1 non-paying positions, one who has been confirmed 2 before, and we have people, again, who have had 3 their backgrounds checked. They want to be 4 involved. They are concerned. I think they are 5 good candidates, and I think here today we're 6 talking about these nominations, not how 7 campaigns are financed. 8 ACTING PRESIDENT NOZZOLIO: Thank 9 you, Senator Stafford. 10 The question is on the 11 confirmation of David Feinberg, member of the 12 New York Job Development Authority. 13 All in favor, signify by saying 14 aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (Response of "Nay.") 18 The ayes have it. 19 SENATOR LEICHTER: Mr. President. 20 ACTING PRESIDENT NOZZOLIO: 21 Senator Leichter. 22 SENATOR LEICHTER: I would like 23 to be recorded as voting against this 24 nomination. 25 ACTING PRESIDENT NOZZOLIO: The 12323 1 record will so reflect. 2 SENATOR DOLLINGER: Mr. 3 President. I would join Senator Leichter in 4 voting in the negative. 5 ACTING PRESIDENT NOZZOLIO: The 6 record will so reflect. Senator Leichter and 7 Senator Dollinger recorded as voting against. 8 Secretary will read. 9 THE SECRETARY: Member of the 10 Board of Directors of the New York State Science 11 and Technology Foundation, the Reverend Calvin 12 O. Butts, III, of New York City. 13 ACTING PRESIDENT NOZZOLIO: The 14 question is on the confirmation of Calvin Butts, 15 III, as member of the Board of Directors of the 16 New York State Science and Technology 17 Foundation. 18 All in favor, signify by saying 19 aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (There was no response.) 23 Reverend Butts is confirmed as a 24 member of the Board of the New York Science and 25 Technology Foundation. 12324 1 Secretary will read. 2 THE SECRETARY: Member of the 3 Board of Directors of the New York State Science 4 and Technology Foundation, Charles E. Dorkey of 5 New York City. 6 ACTING PRESIDENT NOZZOLIO: The 7 question is on the confirmation of Charles E. 8 Dorkey as a member of the Board of Directors of 9 the New York State Science and Technology 10 Foundation. 11 All in favor, signify by saying 12 aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (Response of "Nay.") 16 SENATOR LEICHTER: Mr. President. 17 ACTING PRESIDENT NOZZOLIO: 18 Senator Leichter. 19 SENATOR LEICHTER: Will the 20 record show that for the reason I stated 21 previously that I will vote against the 22 confirmation of Mr. Dorkey. 23 ACTING PRESIDENT NOZZOLIO: The 24 record will so reflect. 25 Senator Dollinger. 12325 1 SENATOR DOLLINGER: I join in the 2 sentiments expressed by Senator Leichter, and I 3 will also be voting in the negative. 4 ACTING PRESIDENT NOZZOLIO: The 5 record will so reflect. 6 Charles Dorkey has been confirmed 7 as a member of the Board of Directors of the New 8 York State Science and Technology Foundation. 9 Secretary will read. 10 THE SECRETARY: Member of the 11 Board of Directors of the New York State Science 12 and Technology Foundation, David H. Feinberg of 13 New York City. 14 ACTING PRESIDENT NOZZOLIO: 15 Question is on the confirmation of David 16 Feinberg as a member of the Board of Directors 17 of the New York State Science and Technology 18 Foundation. 19 All in favor, signify by saying 20 aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (Response of "Nay.") 24 Senator Leichter, and Senator 25 Dollinger - 12326 1 SENATOR LEICHTER: For the 2 reasons previously stated, you will record me in 3 the negative on this nomination. 4 SENATOR DOLLINGER: Likewise, Mr. 5 President. 6 ACTING PRESIDENT NOZZOLIO: - 7 will be recorded in the negative. 8 David Feinberg is confirmed as a 9 member of the Board of Directors of the New York 10 Science and Technology Foundation. 11 Secretary will read. 12 THE SECRETARY: Member of the 13 Board of Directors of New York Science and 14 Technology Foundation, Anthony H. Gioia of 15 Buffalo. 16 ACTING PRESIDENT NOZZOLIO: The 17 question is on the confirmation of Anthony Gioia 18 as member of the Board of Directors of the New 19 York State Science and Technology Foundation. 20 All in favor, signify by saying 21 aye. 22 (Response of "Aye.") 23 Opposed, nay. 24 (Response of "Nay.") 25 Senator Leichter. 12327 1 SENATOR LEICHTER: Yes, Mr. 2 President. Will you again vote me in the 3 negative for the reasons previously stated. 4 ACTING PRESIDENT NOZZOLIO: 5 Record will reflect. 6 Senator Dollinger. 7 SENATOR DOLLINGER: Likewise, Mr. 8 President. 9 ACTING PRESIDENT NOZZOLIO: 10 Record will reflect. 11 Anthony Gioia is hereby confirmed 12 as a member of the Board of Directors of the New 13 York State Science and Technology Foundation. 14 Secretary will read. 15 THE SECRETARY: Member of the 16 Finger Lakes State Park, Recreation and Historic 17 Preservation Committee, Beverly C. Anania of 18 Geneva. 19 ACTING PRESIDENT NOZZOLIO: The 20 question is on the confirmation of Beverly - 21 Senator Leichter. 22 SENATOR LEICHTER: Yes, Mr. 23 President. Very briefly on the nomination. 24 I'm going to vote against this 25 particular nomination and, for one -- I'm 12328 1 sorry. I'm going to yield to Senator Rath. Did 2 you want to speak on the nomination? 3 SENATOR RATH: Yes, Senator 4 Leichter. 5 SENATOR LEICHTER: All right. 6 Let me yield to you, and then I will explain my 7 reasons for voting against it. 8 ACTING PRESIDENT NOZZOLIO: 9 Senator Rath. 10 SENATOR RATH: Yes, Mr. 11 President. I would like to speak on behalf of 12 Beverly Anania today. Beverly Anania is someone 13 I have known briefly for three, four, five 14 years, and I know her as someone deeply 15 committed to her community, someone whose roots 16 go very far and very deep into the community 17 that she's being asked to serve and be part of, 18 and I think that the contributions that she can 19 make to the Finger Lakes State Park, Recreation 20 and Historic Preservation Commission will be 21 those as a community activist and someone whose 22 care will be forthright and outstanding in this 23 kind of service, and I would like to second her 24 name for the nomination. 25 ACTING PRESIDENT NOZZOLIO: Thank 12329 1 you, Senator Rath. 2 Senator Leichter, on the 3 nomination. 4 SENATOR LEICHTER: Yes, Mr. 5 President. I'm going to oppose Beverly Anania. 6 She's not being appointed to a powerful economic 7 position. The reason I'm going to oppose her is 8 for the first of the issues that I said that we 9 have to face. One is, is the person qualified 10 or is it solely a political appointment? The 11 second issue which we dealt with, with the other 12 three, is, are we creating a possible conflict 13 of interest because of their continuing fund 14 raising activity? 15 But I thought what was really 16 telling about this nominee is, in her resume, 17 she attached a page saying, "I have raised money 18 for seven candidates," and she lists the 19 candidates and very proudly her political fund 20 raising activity. Now, you know, when you 21 submit a resume, you put in there what you hope 22 is going to catch the eye of the hiring or, in 23 this instance, the appointing authority, and 24 it's going to be something that is going to 25 appeal to them. 12330 1 I think maybe the cat is out of 2 the bag that the way to get an appointment to 3 these commissions and authorities and bodies is 4 to show how active you have been in raising 5 money for Republican candidates. If that's what 6 she thinks is her qualification. It tells me 7 enough that I will not vote to confirm her. 8 ACTING PRESIDENT NOZZOLIO: The 9 question is on the confirmation. 10 SENATOR DOLLINGER: Mr. 11 President. 12 ACTING PRESIDENT NOZZOLIO: 13 Senator Dollinger. 14 SENATOR DOLLINGER: Just one 15 brief agreement, concurrence with my colleague, 16 Senator Leichter. I agree with his evaluation 17 of the first three candidates. This candidate, 18 as I think the resume suggests, these are 19 political appointments to government jobs. What 20 I think has happened as the resume suggests is 21 that the person applying assumes that they are 22 totally political jobs; and I think when you 23 list all the candidates that you have been doing 24 fund raising for as your qualification, you 25 suggest that the only thing that's important is 12331 1 your politics and not your government experience 2 or, for that matter, the benefits that you can 3 bring to government. 4 I agree with Senator Leichter 5 that this one seems to cross a line. I know 6 that there was another nominee we did a long 7 time ago, early in the spring, who when seeking 8 one of the highest ranking positions in this 9 state happened to include right at the top of 10 his resume that he had raised money for the 11 Republican Party, and I suggested at the time 12 that if that's the one thing you put on your 13 resume, that's the one thing you think is the 14 most important qualification. 15 And I suggest with this nominee 16 the suggestion that the most important 17 qualification is that you raise money for 18 candidates is not the qualification for this 19 job. Senator Rath may be correct. This person 20 may bring good experience, may bring important 21 experience; but from their point of view, they 22 thought their political involvement was more 23 important than that experience; and I suggest 24 that that's a bit wrong-headed and it's 25 wrong-headed for this state to seem to rely on 12332 1 that criteria more than other more appropriate 2 criteria. 3 So I will be voting with Senator 4 Leichter in the negative on this nomination. 5 ACTING PRESIDENT NOZZOLIO: 6 Senator Kuhl. 7 SENATOR KUHL: Yes, Mr. 8 President. Not to belabor this particular 9 nomination, but I think if the record did not 10 reflect that I know this individual as I know 11 you do, and this individual is a constituent of 12 yours, Senator Nozzolio, and we have, I know, 13 worked with this individual not only in a 14 political arena but certainly in a number of 15 other community kinds of positions, and to allow 16 the record to reflect that there seems to be 17 some opposition because one of the things that 18 this individual has done is to be supportive of 19 candidates who happen to be in control of this 20 administration would be absolutely wrong. 21 Beverly Anania is one terrific, 22 one tremendously outstanding individual. To 23 have her put her application in to take a 24 position that is non-paying, to take up the time 25 to try to contribute to the environment of our 12333 1 community, I think, speaks for itself. I 2 welcome her opportunity, coming through this 3 nomination. I support her nomination, and I 4 think that she will be one terrific contributing 5 member of the Finger Lakes Parks Commission. 6 It's one of those thankless jobs 7 where there isn't enough money to do everything 8 you want. You've got to come up with new kinds 9 of avenues to support a park system that is in 10 need of repair that prior administration left in 11 need of repair, and I think to take on that task 12 speaks noble of the person itself, and I think 13 the record should reflect that. 14 And I move the nomination. 15 ACTING PRESIDENT NOZZOLIO: Thank 16 you, Senator Kuhl. 17 The question is on the nomination 18 of Beverly C. Anania as a member of the Finger 19 Lakes Park Commission, Recreation and Historic 20 Preservation Committee. 21 All in favor, signify by saying 22 aye. 23 (Response of "Aye.") 24 All opposed, nay. 25 (Response of "Nay.") 12334 1 Senator Leichter. 2 Gives me pride in announcing the 3 confirmation of Beverly C. Anania as a member of 4 Finger Lakes State Park, Recreation and Historic 5 Preservation Committee. 6 Secretary will read. 7 Record will reflect Senator 8 Dollinger is in the negative. 9 THE SECRETARY: Member of the 10 Genesee State Park State Park, Recreation and 11 Historic Preservation Committee, Peter G. 12 Humphrey of Warsaw. 13 ACTING PRESIDENT NOZZOLIO: 14 Question is on the confirmation of Peter G. 15 Humphrey as a member of the Genesee State Park, 16 Recreation and Historic Preservation Committee. 17 All in favor, signify by saying 18 aye. 19 (Response of "Aye.") 20 Those opposed, nay. 21 (There was no response.) 22 Peter G. Humphrey has been 23 confirmed as member of the Genesee State Park, 24 Recreation and Historic Preservation Committee. 25 Secretary will read. 12335 1 THE SECRETARY: Member of the 2 Long Island State Park, Recreation and Historic 3 Preservation Committee, Howard C. DeMartini of 4 Sayville. 5 ACTING PRESIDENT NOZZOLIO: The 6 question is on the confirmation of the Howard C. 7 DeMartini as member of the Long Island State 8 Park, Recreation and Historic Preservation 9 Committee. 10 All in favor, signify by saying 11 aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 (There was no response.) 15 Howard C. DeMartini has been 16 confirmed as a member of the Long Island State 17 Park, Recreation and Historic Preservation 18 Committee. 19 Secretary will read. 20 THE SECRETARY: Director of the 21 New York State Urban Development Corporation, 22 the Reverend Calvin O. Butts, III, of New York 23 City. 24 ACTING PRESIDENT NOZZOLIO: The 25 question is on the confirmation of the Reverend 12336 1 Calvin Butts as Director of the New York City 2 Urban Development Corporation. 3 All in favor, signify by saying 4 aye. 5 (Response of "Aye.") 6 Opposed, nay. 7 (There was no response.) 8 Yes, Senator Montgomery. 9 SENATOR MONTGOMERY: I would like 10 to speak on this nomination. 11 ACTING PRESIDENT NOZZOLIO: On 12 the confirmation. Senator Montgomery. 13 SENATOR MONTGOMERY: On the 14 confirmation. I happen to know Reverend Butts 15 very well, and I think that his name and work 16 precedes him, certainly, in a very important and 17 meaningful way as it relates to especially 18 children and especially people who don't have a 19 voice in communities. 20 Reverend Butts has been for many 21 years a very outspoken advocate on behalf of 22 children. He is a member of the National Black 23 Child Development Institute and has hosted any 24 number of meetings regarding issues related to 25 what happens to juveniles, what is happening to 12337 1 young people in the school system, what is 2 happening to children in child care, foster 3 care, and a whole range of issues related to 4 children. 5 And Reverend Butts also is a very 6 brave, courageous and outspoken advocate on 7 behalf of young people as it relates to their 8 moral standards. He does not simply speak about 9 it from his position as a religious leader, he 10 gets out in the streets and organizes people and 11 proceeds to take action against what he views as 12 the corrupting evils for young people in the 13 City of New York. 14 He is also a leader as it relates 15 to the economic revitalization of East Harlem. 16 I only wish that Reverend Butts were in 17 Brooklyn, but, nonetheless, I benefit from his 18 work because wherever he is able to influence 19 what happens in a positive way to people, it 20 also is good for me, and it's good for my 21 community. 22 So I am very, very proud and 23 pleased to be able to stand here and speak to 24 the nomination and confirmation of Reverend 25 Butts. I think he will bring a tremendous 12338 1 degree of skill, but, more importantly, vision 2 and determination to this important economic 3 development agency of the state. 4 So I wholeheartedly vote for him 5 and appreciate the fact that he will be in a 6 position to help people in an even more 7 significant way as director of UDC. 8 Thank you. 9 ACTING PRESIDENT NOZZOLIO: 10 Senator Paterson. 11 SENATOR PATERSON: Thank you, Mr. 12 President. I'm only sorry that Reverend Butts 13 is not here at the moment to hear the kind words 14 that Senator Montgomery bestowed upon him. He 15 actually grew up in Queens, New York, got his 16 bachelor of arts from Morehouse College and 17 eventually his Doctor of Divinity at Drew 18 University. 19 He has led the fight around New 20 York City against negative advertising on 21 billboards and also negative stereotyping in the 22 music industry. For this, he has undergone 23 great criticism and has stood fast to his 24 principles and his points of view. In fact, he 25 is so principled, I was thinking maybe we should 12339 1 have a rider on this nomination that he be 2 compelled to raise money for somebody, because 3 usually his interests lie in the development of 4 housing in the greater Harlem area, the outreach 5 of his Church the Abyssinian Baptist Church 6 where he is the Pastor -- and I see I'm getting 7 a lot of sympathy and understanding about my 8 ideas here that we compel our nominees to act. 9 Also, Reverend Butts is one who 10 has distinguished himself for a number of years 11 on taking the difficult positions on a lot of 12 social issues, in many ways bringing to light 13 issues such as police brutality and 14 discrimination in employment which have 15 previously not been addressed. 16 So I am very pleased to lend my 17 voice to Senator Montgomery as one who is very 18 pleased to see him not only serving on the Urban 19 Development Corporation but also on the Science 20 and Technology Board. It is a great tribute to 21 the Governor that he thought of this nomination. 22 ACTING PRESIDENT NOZZOLIO: 23 Question is on the confirmation of the Reverend 24 Calvin Butts as Director of the New York State 25 Urban Development Corporation. 12340 1 All in favor, signify by saying 2 aye. 3 (Response of "Aye.") 4 Opposed, nay. 5 (There was no response.) 6 Reverend Butts is hereby 7 confirmed. 8 The Secretary will read. 9 THE SECRETARY: Member of the 10 Dormitory Authority, Gail Hill Gordon of 11 Slingerlands. 12 ACTING PRESIDENT NOZZOLIO: 13 Question is on the confirmation of Gail Hill 14 Gordon as a member of the Dormitory Authority. 15 All in favor, signify by saying 16 aye. 17 (Response of "Aye.") 18 Opposed, nay. 19 (There was no response.) 20 Gail Hill Gordon is hereby 21 confirmed as a member of the Dormitory 22 Authority. 23 Secretary will read. 24 THE SECRETARY: Public member of 25 State Banking Board, Peter M. Ryan of Larchmont. 12341 1 ACTING PRESIDENT NOZZOLIO: 2 Question is on the confirmation of Peter M. Ryan 3 as member of the State Banking Board. 4 All in favor, signify by saying 5 aye. 6 (Response of "Aye.") 7 Opposed, nay. 8 (There was no response.) 9 Peter M. Ryan is hereby 10 confirmed. 11 Secretary will read. 12 THE SECRETARY: Member of the 13 Niagara Frontier Transportation Authority, David 14 N. Greenfield of Lockport. 15 ACTING PRESIDENT NOZZOLIO: 16 Question is on the confirmation of David 17 Greenfield as member of the Niagara Frontier 18 Transportation Authority. 19 All in favor, signify by saying 20 aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (There was no response.) 24 David Greenfield is hereby 25 confirmed as a member of the Niagara Frontier 12342 1 Transportation Authority. 2 Secretary will read. 3 THE SECRETARY: Member of the 4 Metropolitan Transportation Authority, Rudy 5 Washington of Laurelton. 6 ACTING PRESIDENT NOZZOLIO: 7 Senator Smith. 8 SENATOR SMITH: Thank you, Mr. 9 President. 10 I rise to second the nomination 11 of Rudy Washington for the member of the 12 Metropolitan Transit Authority. 13 Mr. Washington is a lifetime 14 resident of the County of Queens, has been an 15 active participant in all phases of civic 16 activities and now honors us by serving as the 17 Commissioner of Business Development Services 18 for the City of New York. 19 Mr. Washington has been a 20 dedicated person to all phases of the community, 21 starting from his college days when he served 22 with children who were in day care, and keeping 23 that commitment serving as chairman of the 24 board - 25 ACTING PRESIDENT NOZZOLIO: 12343 1 Pardon me, Senator Smith. Will you suffer an 2 interruption? 3 (The gavel was sounded.) 4 Thank you, Senator. 5 SENATOR SMITH: Thank you. 6 -- until the time that he took on 7 the commissionership of the Business Development 8 Services Agency. Rudy Washington is also a 9 businessman and understands the plight of 10 businesses and of people and will be a dedicated 11 servant for all of us on the Metropolitan 12 Transit Authority, and he reminded us yesterday 13 that he still rides the subways which is 14 important, because we need someone who 15 understands the system, and he made a commitment 16 to us that he will attend the board meetings, 17 and that is most important to us because we have 18 not had members of the board participating, 19 especially at public hearings. 20 I have told him that if he does 21 not attend, I will picket his house and I will 22 get some of my colleagues to join me, and I 23 don't think he'd want to have that, but I thank 24 the Governor for making a wise choice and even 25 the Mayor of the City of New York for putting 12344 1 forth the name of Rudy Washington, who will be a 2 fine public servant. 3 Thank you. 4 ACTING PRESIDENT NOZZOLIO: Thank 5 you, Senator Smith. 6 Senator Montgomery. 7 SENATOR MONTGOMERY: Yes, thank 8 you, Mr. President. 9 I just want to join Senator Smith 10 in commending the Governor on this appointment, 11 as well. I met Rudy Washington recently. I'm 12 only sorry that he decided at some significant 13 point in his life to become a Republican; but, 14 nonetheless, he is a young, committed person and 15 has proven that in his capacity as Commissioner 16 of Economic Development in the City of New York. 17 So I am happy that the Governor 18 has seen fit to put him on the Board of the 19 MTA. I believe that as a present Queens'ite and 20 as a person who rides the subway so he uses 21 public transportation, he will stand up for the 22 interests of other people, other citizens in New 23 York, most of the other citizens in New York, in 24 fact, who also use public transportation. 25 So I am happy to also second this 12345 1 nomination. Thank you, Mr. President. 2 ACTING PRESIDENT NOZZOLIO: The 3 question is on the confirmation of Rudy 4 Washington as a member of the Metropolitan 5 Transportation Authority. 6 All in favor, signify by saying 7 aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 Rudy Washington is hereby 12 confirmed. 13 Secretary will read. 14 THE SECRETARY: Non-voting member 15 of the Metropolitan Transportation Authority, 16 Joseph Rutigliano, of Holtsville. 17 ACTING PRESIDENT NOZZOLIO: The 18 question is on the confirmation of Joseph 19 Rutigliano as a non-voting member of the 20 Metropolitan Transportation Authority. 21 All in favor, signify by saying 22 aye. 23 (Response of "Aye.") 24 Opposed, nay. 25 (There was no response.) 12346 1 Joseph Rutigliano is hereby 2 confirmed. 3 Secretary will read. 4 THE SECRETARY: Deputy 5 Comptroller for the City of New York, Rosemary 6 Scanlon, of Brooklyn. 7 ACTING PRESIDENT NOZZOLIO: The 8 question is on the confirmation of Rosemary 9 Scanlon as Deputy Controller for the City of New 10 York. 11 All in favor, signify by saying 12 aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response.) 16 Rosemary Scanlon is hereby 17 confirmed as Deputy Controller for the City of 18 New York. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President. 21 Is there any housekeeping at the desk? 22 ACTING PRESIDENT NOZZOLIO: 23 There's some motions, yes. 24 Senator Present. 25 SENATOR PRESENT: Mr. President. 12347 1 I wish to call up my bill, Print 469, recalled 2 from the Assembly, which is now at the desk. 3 ACTING PRESIDENT NOZZOLIO: 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 20, by Senator Present, Senate Print 469, an act 7 to amend the Public Authorities Law, in relation 8 to creating the Alfred, Almond Hornellsville 9 Sewer Authority. 10 SENATOR PRESENT: Mr. President. 11 I move to reconsider the vote by which this bill 12 was passed. 13 ACTING PRESIDENT NOZZOLIO: The 14 Secretary will call the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration.) 17 THE SECRETARY: Ayes 54. 18 ACTING PRESIDENT NOZZOLIO: The 19 bill is before the house. 20 Senator Present. 21 SENATOR PRESENT: Mr. President. 22 I now offer the following amendments and move to 23 discharge from Committee on Rules Assembly Print 24 1671A. 25 ACTING PRESIDENT NOZZOLIO: 12348 1 Amendments received and adopted. 2 SENATOR PRESENT: And substitute 3 it for my identical bill. 4 ACTING PRESIDENT NOZZOLIO: 5 Substitution ordered. 6 SENATOR PRESENT: Mr. President. 7 I now move that the substituted Assembly bill 8 have its third reading at this time. 9 ACTING PRESIDENT NOZZOLIO: 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 20, by Member of the Assembly Davidsen, Assembly 13 Print 1671A, an act to amend the Public 14 Authorities Law and the Executive Law, in 15 relation to creating the Alfred, Almond 16 Hornellsville Sewer Authority. 17 ACTING PRESIDENT NOZZOLIO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT NOZZOLIO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 54. 25 ACTING PRESIDENT NOZZOLIO: The 12349 1 bill is passed. 2 Senator Farley. 3 SENATOR FARLEY: Thank you, Mr. 4 President. 5 I wish to call up Senator 6 Stafford's bill, 3312, having passed both houses 7 and not delivered to the Governor. 8 ACTING PRESIDENT NOZZOLIO: 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 928, by Senator Stafford, Senate Print 3312, an 12 act to amend the Tax Law, in relation to 13 authorizing the County of Washington to allocate 14 certain proceeds from the tax on mortgages. 15 SENATOR FARLEY: I don't know why 16 that wasn't delivered. Anyway, Mr. President, I 17 now move that we reconsider the vote by which 18 this bill was passed, and I ask that the bill be 19 restored to the order of third reading. 20 ACTING PRESIDENT NOZZOLIO: The 21 Secretary will call the roll on reconsideration. 22 (The Secretary called the roll on 23 reconsideration.) 24 THE SECRETARY: Ayes 54. 25 ACTING PRESIDENT NOZZOLIO: The 12350 1 bill is before the house. 2 Senator Farley. 3 SENATOR FARLEY: Mr. President. 4 I now offer the following amendments and I move 5 to recommit this bill. 6 ACTING PRESIDENT NOZZOLIO: 7 Amendments received. Recommitted. 8 SENATOR FARLEY: Mr. President. 9 On behalf of Senator Johnson, I wish to call up 10 his bill, Print Number 4648, recalled from the 11 Assembly, which is now at the desk. 12 ACTING PRESIDENT NOZZOLIO: 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1369, by Senator Johnson, Senate Print 4648, an 16 act in relation to authorizing, Harry S. Reik to 17 purchase certain retirement service credit. 18 SENATOR FARLEY: Mr. President. 19 I move to reconsider the vote by which this bill 20 was passed and I ask that the bill be restored 21 to the order of third reading. 22 ACTING PRESIDENT NOZZOLIO: The 23 Secretary will call the roll on reconsideration. 24 (The Secretary called the roll on 25 reconsideration.) 12351 1 THE SECRETARY: Ayes 54. 2 ACTING PRESIDENT NOZZOLIO: The 3 bill is before the house. 4 Senator Farley. 5 SENATOR FARLEY: Thank you. I 6 now move to recommit Senate Print Number 4648, 7 Calendar Number 1369, on the order of the third 8 reading to the Committee on Civil Service and 9 Pensions with instructions to this committee to 10 strike out the enacting clause. 11 ACTING PRESIDENT NOZZOLIO: The 12 bill is recommitted with enacting clause 13 stricken. 14 Senator Tully. 15 SENATOR TULLY: Yes, Mr. 16 President. I have a privileged resolution at 17 the desk. May I have the title read, please. 18 ACTING PRESIDENT NOZZOLIO: 19 Secretary will read. 20 THE SECRETARY: By Senator Tully, 21 Legislative Resolution, commemorating October 22 19, 1995, as National Mammography Awareness Day 23 in the State of New York. 24 SENATOR TULLY: Yes, thank you, 25 Mr. President. 12352 1 My colleagues, on Thursday, 2 October 19, 1995, New Yorkers will join with 3 Americans in other states as we celebrate 4 National Mammography Awareness Day. As many of 5 you know, breast cancer will strike an estimated 6 182,000 women and 1,000 men in the United States 7 in 1995. Education, self-detection and 8 mammography are currently the best weapons in 9 the fight against breast cancer. 10 New York State is one of the 11 leaders in the battle against breast cancer, and 12 I'm glad to say that most of the legislation in 13 the fight against breast cancer originated in 14 this house. 15 On Thursday, October 19, National 16 Mammography Awareness Day, we seek to call 17 attention to the benefits of mammography and 18 inform even more people that early detection is 19 the best protection. 20 At this time, Mr. President, I 21 would like to open this resolution to my 22 colleagues for sponsorship, and it might be 23 appropriate to include all unless otherwise 24 indicated. 25 Thank you. 12353 1 ACTING PRESIDENT NOZZOLIO: Thank 2 you, Senator Tully. 3 Senator Skelos, do you wish for 4 every member to be added? 5 SENATOR SKELOS: Unless they the 6 notify desk, otherwise all members with the 7 consent of the Minority, will be put on the 8 resolution. 9 Would you please recognize 10 Senator Paterson. 11 ACTING PRESIDENT NOZZOLIO: 12 Question is on the resolution. 13 All in favor, signify by saying 14 aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (There was no response.) 18 The Resolution is adopted. 19 Senator Paterson. 20 SENATOR PATERSON: Mr. 21 President. I believe I have a privileged 22 resolution at the desk. 23 ACTING PRESIDENT NOZZOLIO: Yes. 24 SENATOR PATERSON: I would like 25 the title read and waive the rest of the 12354 1 reading. 2 ACTING PRESIDENT NOZZOLIO: 3 Secretary will read. 4 THE SECRETARY: By Senator 5 Paterson, Legislative Resolution, honoring 6 Grambling State University Coach Eddie Robinson 7 as America's Winningest Football Coach. 8 SENATOR PATERSON: Thank you, Mr. 9 President. 10 Just this past week, Eddie 11 Robinson, who for 54 years has been the coach of 12 football at Grambling State University won his 13 400th game. This is more than Bobby Bowden from 14 Florida State or Joe Paterno from Penn State or 15 Bear Bryant from Alabama or Pop Warner or even 16 Senator Stachowski's old coach, Amos Alonzo 17 Stagg. 18 This achievement comes to an 19 individual whose motto is that he had one job 20 and one wife and that he was the only child of a 21 share cropper years ago and came to Grambling 22 State University and led them to all of these 23 victories. 24 His record of 400 victories, 145 25 losses and 15 ties, stands alone in the annals 12355 1 of college football history. He has been a 2 coach of 200 professional and countless All 3 American athletes. He is an individual who also 4 is known for his virtuous conduct and his 5 outstanding achievements off the field and his 6 role model to all children of America. 7 I had the privilege ten years ago 8 of sitting next to him at a dinner. My 9 assistant and I found him to be as warm an 10 individual as we ever met; and at this time, 11 commemorating his 400th victory in his 54 years 12 of service, we wanted to pause in our 13 deliberations to recognize that great 14 achievement. 15 ACTING PRESIDENT NOZZOLIO: Thank 16 you, Senator Paterson. 17 The question is on the 18 resolution. 19 All in favor, signify by saying 20 aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (There was no response.) 24 The Resolution is adopted. 25 Senator Santiago. 12356 1 SENATOR SANTIAGO: Mr. 2 President. I believe I have a privileged 3 resolution at the desk. 4 ACTING PRESIDENT NOZZOLIO: Yes, 5 you do. 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Santiago, Legislative Resolution, commemorating 9 the 60th anniversary of the Lycee Francais de 10 New York. 11 ACTING PRESIDENT NOZZOLIO: 12 Senator Santiago on the resolution. 13 SENATOR SANTIAGO: I move for its 14 adoption. 15 ACTING PRESIDENT NOZZOLIO: The 16 question is on the resolution. 17 All in favor, signify by saying 18 aye. 19 (Response of "Aye.") 20 Opposed, nay. 21 (There was no response.) 22 The Resolution is adopted. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President. 25 I believe there is a report of the Rules 12357 1 Committee at the desk. I ask that it be read. 2 ACTING PRESIDENT NOZZOLIO: 3 Secretary will read. 4 THE SECRETARY: Senator Bruno 5 from the Committee on Rules reports the 6 following bills: 7 Assembly Print 8228, by the 8 Assembly Committee on Rules, an act to amend the 9 Retirement and Social Security Law and others, 10 relating to the promotion of the health and 11 efficiency of policemen in certain cities. 12 Assembly Print 8201, by the 13 Assembly Committee on Rules, an act in relation 14 to collective bargaining between the Unified 15 Court System and the New York State Court Clerks 16 Association. 17 Senate Print 5320, by Senator 18 Connor, an act to amend the General City Law, 19 the Real Property Tax Law, the Tax Law, Chapter 20 772 of the Laws of 1966, relating to enabling 21 any city having a population of one million or 22 more to raise tax revenue. 23 Senate Print 5423, by Senator 24 Connor, an act to amend the Real Property Tax 25 Law, in relation to tax abatements and making 12358 1 certain technical changes relating thereto. 2 And, Senate Print 5537, by the 3 Senate Committee on Rules, an act to amend the 4 Real Property Tax Law, in relation to exemption 5 from local taxation of accessory parking in new 6 multiple dwellings. 7 All bills ordered directly for 8 third reading. 9 SENATOR BRUNO: Mr. President. I 10 move we accept the report of the Rules 11 Committee. 12 ACTING PRESIDENT NOZZOLIO: All 13 those in favor of accepting the report of the 14 Rules Committee, signify by saying aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (There was no response.) 18 The report is accepted. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President. 21 At this time, if we could take up Calendar 22 Number 1617, A.8201. 23 ACTING PRESIDENT NOZZOLIO: 24 Secretary will read. 25 THE SECRETARY: Calendar Number 12359 1 1617, by the Assembly Committee on Rules, 2 Assembly Print 8201, an act in relation to 3 collective bargaining between the Unified Court 4 System and the New York State Court Clerks 5 Association. 6 ACTING PRESIDENT NOZZOLIO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT NOZZOLIO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 54. 14 ACTING PRESIDENT NOZZOLIO: The 15 bill is passed. 16 Senator Bruno. 17 SENATOR BRUNO: Can we at this 18 time take up Calendar 1608. 19 ACTING PRESIDENT NOZZOLIO: 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 1608, by the Assembly Committee on Rules, 23 Assembly Print 8228, an act to amend the 24 Retirement and Social Security Law and others, 25 relating to the promotion of the health and 12360 1 efficiency of policemen in certain cities. 2 ACTING PRESIDENT NOZZOLIO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT NOZZOLIO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 54. 10 ACTING PRESIDENT NOZZOLIO: The 11 bill is passed. 12 SENATOR BRUNO: Mr. President. 13 Can we at this time take up Calendar 1631. 14 ACTING PRESIDENT NOZZOLIO: There 15 have been some negatives on the other bill. 16 Would those who were voting negative, please 17 raise their hands. 18 Clerk will announce the results. 19 THE SECRETARY: Ayes 53. Nays 20 1. Senator Paterson recorded in the negative. 21 ACTING PRESIDENT NOZZOLIO: 22 Secretary will read Calendar Number 1631. 23 THE SECRETARY: Senator Bruno 24 moves to discharge from the Committee on Rules 25 Assembly Bill Number 8319 and substitute it for 12361 1 the identical Calendar Number 1631. 2 ACTING PRESIDENT NOZZOLIO: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1631, by the Assembly Committee on Rules, 6 Assembly Print 8319, an act to amend the Real 7 Property Tax Law, in relation to exemption from 8 local taxation of accessory parking in new 9 multiple dwellings. 10 ACTING PRESIDENT NOZZOLIO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT NOZZOLIO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT NOZZOLIO: 18 Record the negatives. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 1631 are 21 Senators Leichter, Montgomery and Stavisky. 22 Ayes 51. Nays 3. 23 ACTING PRESIDENT NOZZOLIO: The 24 bill is passed. 25 Senator Bruno. 12362 1 SENATOR BRUNO: Mr. President. 2 Can we now call up calendar 1603. 3 ACTING PRESIDENT NOZZOLIO: 4 Secretary will read. 5 THE SECRETARY: Senator Bruno 6 from the Committee on Rules moves to discharge 7 Assembly Bill Number 8028 and substitute it for 8 the identical Calendar Number 1603. 9 ACTING PRESIDENT NOZZOLIO: 10 Substitution ordered. 11 Read the last section. 12 Explanation is asked for. 13 Read the bill. 14 THE SECRETARY: Calendar Number 15 1603, by the Assembly Committee on Rules, 16 Assembly Print 8028, an act to amend the General 17 City Law and others, in relation to rebates of 18 charges for energy in revitalization areas. 19 SENATOR CONNOR: Mr. President. 20 ACTING PRESIDENT NOZZOLIO: 21 Senator Connor. 22 SENATOR CONNOR: Thank you, Mr. 23 President. This bill in a nutshell is the 24 so-called "Lower Manhattan Revitalization Bill," 25 and it contains a number of features designed to 12363 1 deal with the situation which may or may not 2 surprise some of my colleagues who haven't been 3 down in the Wall Street area in sometime. 4 Once upon a time, many years ago, 5 I started work after I got out of school on Wall 6 Street. It was indeed the financial capital of 7 not only New York but the world. We have heard 8 expressions like the canyons of Wall Street. 9 You have streets down there like Broad Street, 10 Broadway, the Stock Exchange is still there, 11 John Street, so on and so forth, that once 12 housed virtually the entire insurance industry, 13 all the largest law firms, the accounting firms 14 and the brokerage and other financial 15 institutions as well as banks. 16 Lower Manhattan, the Wall Street 17 area, has in recent years been experiencing 18 somewhere in the order of 20 percent vacancy 19 rate, 20 to 30 percent. It varies. Indeed, 20 virtually half of the commercial leases in that 21 area will expire within the next nine months to 22 a year. Overall assessed value has -- of the 23 property down there and we're talking of 24 commercial property -- has decreased 28.6 25 percent as opposed to an 8 percent decrease in 12364 1 the rest of Manhattan. It's no secret, these 2 firms have moved to New Jersey, Connecticut, 3 elsewhere in the country. Technology has made 4 it no longer necessary that all these financial 5 services and related services be within a few 6 blocks so that transactions, messages, and so 7 on, can be transmitted by messenger. 8 This proposal grew out of an 9 effort involving many of the large real estate 10 owners in Lower Manhattan, the Mayor's office, 11 the City Council, to put together a 12 comprehensive package to do two things: Retain 13 -- retain existing tenants who employ people, 14 obviously, and to attract hopefully new 15 tenants. 16 You may say, come on, where is 17 Manhattan -- in the present day market, where is 18 Lower Manhattan going to get anybody to move 19 in? The fact is Manhattan has been experiencing 20 an inflow of small companies in the multimedia, 21 computer technology areas, companies who have 22 once thought to have been founded out in the 23 plains of Montana, except they found out the 24 only problem with being there is you're in 25 Montana. It's real hard to find somebody else 12365 1 in your field to sit down and have a cup of 2 coffee with or a glass of wine and exchange the 3 kind of creative ideas that produce the joint 4 ventures and the so on and so forths of these 5 entrepreneurs who are the Bill Gateses of our 6 economy. They have been moving into Manhattan 7 into inadequate space, into lofts and so on in 8 other parts of Manhattan. 9 So part of this plan is directed 10 towards making some of these buildings so-called 11 smart; in other words, revising decades old 12 buildings, renovating them so that they have the 13 kind of wiring and infrastructure that supports 14 the new technology era. 15 How does the bill do this? 16 Really, through a series of tax 17 abatements and energy rebates. The design 18 being, in a nutshell, to make the commercial 19 rents attractive and affordable. Unlike many 20 other tax abatement programs, the principal 21 benefits in the commercial area here do not 22 inure to the owner. Oh, yes, maybe their 23 building will be worth more some day, but the 24 direct benefits are passed through to the 25 commercial tenants, and there are requirements 12366 1 as to percentages of the assessed value that has 2 to be increased by renovation, and there are 3 also caps in terms of certain companies will be 4 required to take five-year leases, others 5 ten-year leases, mainly to make sure no one 6 moves in and gobbles up the benefits and 7 disappears from the employees. 8 So unlike some other programs, 9 there are some safeguards here. There are some 10 incentives to ensure that we're talking about 11 employment. 12 The bill also contains provisions 13 recognizing the inevitable that the literally 14 tens of thousands of square feet of office space 15 in Lower Manhattan simply, no matter what we do, 16 will never be filled with commercial tenants. 17 So there is a provision for some conversion to 18 residential property with a tax abatement 19 program. However, that is capped. All of the 20 buildings in Lower Manhattan can't suddenly 21 become luxury housing. There is a percentage 22 cap on that. 23 It's a thoughtful program. It's 24 one we must try because, indeed, in the rest of 25 the world, in the rest of the country, there's 12367 1 still that image of the Wall Street area. 2 One example, there is a building 3 across the street and a block down from the New 4 York Stock Exchange, a very large, tall office 5 building -- I forget, 100-and-some thousand 6 square feet -- that has been vacant for five 7 years, totally vacant for five years. 8 Some people say, well, but do you 9 know what? If you give these tax abatements, 10 the City will lose money in tax revenue. And I 11 point out, the City supports this. It has a 12 home rule message. It comes from the City. The 13 City supports it. 14 Yes, but the City is already 15 losing millions of dollars in revenue by the 16 constantly decreasing assessed value on 17 buildings like that that are unoccupied, so to 18 the extent that there is a pass-through, also 19 the assessed value -- the idea of this is also 20 to raise the assessed value by giving these 21 abatements and passing them through to the 22 tenants by creating occupancy. So all in all I 23 think it's a fair measure. 24 There have been amendments to it 25 that have addressed some of the concerns that 12368 1 people had in terms of some of the bad 2 experiences we've had in the past with tax 3 abatement incentive programs, really designed to 4 make sure, one, the benefits go to the tenants 5 that employ people; two, designed to make sure 6 they employ people. There's a program basically 7 for companies with less than 50 employees and 8 companies with more than 50 employees that will 9 go in there; and we have to try this because 10 with the expiring leases in the next year, the 11 whole Wall Street area is in grave danger of 12 becoming a ghost town, a town of literally tall 13 office towers totally empty, which is not good 14 for New York City. It's not good for the State 15 of New York. We just have to make this 16 attractive for some tenants. 17 So I would urge -- I think all of 18 you received a memo. I mean there are many 19 detailed provisions. 20 I will be happy to answer 21 questions; but that, in summary, is what this 22 bill does and what its motivation and intent 23 is. 24 Thank you, Mr. President. 25 ACTING PRESIDENT NOZZOLIO: 12369 1 Senator Leichter. 2 SENATOR LEICHTER: Mr. 3 President. I'm chagrined to be in disagreement 4 with my distinguished leader, my good friend 5 Senator Connor. 6 SENATOR CONNOR: Don't worry 7 about it. 8 SENATOR LEICHTER: Well, I did 9 overcome the diffidence that I had, Senator, but 10 I must disagree with you, and I appreciate that 11 this is a bill developed really by the City of 12 New York and particularly by the real estate 13 industry. 14 Now, there is no question that 15 Lower Manhattan has a problem. The issue is 16 whether this bill addresses that problem, is 17 going to cure it, and there's also a question of 18 how the problem came about. 19 Now, the cost of the programs 20 that we're talking about are very expensive. 21 The cost of these abatements and exemptions is 22 $354.1 million over a period of seven years. 23 That's a lot of money for the City of New York, 24 and I think the question is, is this money being 25 well spent? 12370 1 Now, Lower Manhattan, as Senator 2 Connor rightly points out, has a vacancy rate. 3 It's a vacancy rate of 25.6 percent. Midtown 4 has a vacancy rate of 13.7 percent. There are 5 business areas in the City of New York where the 6 vacancy rate is even greater. Maybe if you go 7 to the South Bronx, if you go to the Rockaways, 8 if you go to other areas -- Senator Velella is 9 nodding his head and he knows his district, but 10 there are many areas in the City of New York 11 where there are high vacancy rates where we wish 12 the economic activity was more vibrant, but we 13 have chosen Lower Manhattan to be the recipient 14 of this governmental largesse, and I would go 15 along with it. 16 I would go along with it if it 17 could be shown that this was going to cure the 18 problem of Lower Manhattan. Now, to me, the 19 appalling and the astounding fact is that all of 20 the supporters of this bill -- and there are 21 some very strong organizations, including, of 22 course, the City of New York, backing this 23 bill. I have asked, "Show me one study, one 24 survey that will prove or at least indicate that 25 if we put this amount of money into commercial 12371 1 modernization and residential conversion that 2 we're actually going to create the jobs that are 3 being claimed, that we're going to get a good 4 return for the public investment." You know 5 what? There isn't one survey. They haven't 6 made one market study. 7 They haven't even made a market 8 study of the firms that are presently there 9 whose the leases are expiring and where Senator 10 Connor expressed the concern that they may move 11 out of the City. I must say not to have some 12 evidence that this program is going to work, to 13 my mind is astounding and appalling, and it just 14 means that the proponents of this legislation 15 have not met the burden of showing that this 16 sort of public investment is going to produce 17 commensurate benefits. 18 I think one of the things that 19 we've got to look at, what is really the problem 20 of Lower Manhattan? First of all, the real 21 difficulty is and when the problems of Lower 22 Manhattan started is government involvement. 23 It's government building in Lower Manhattan. 24 The real decline started when the World Trade 25 Center was put up and emptied a lot of the 12372 1 buildings that Senator Connor now pointed to. 2 You may remember at that time the World Trade 3 Center had difficulty attracting tenants. In 4 fact, Nelson Rockefeller baled them out to some 5 extent and moved in state agencies, but they 6 also emptied a lot of businesses from the 7 buildings that had been there; and over the 8 years, government has continued that. 9 We put up Battery Park City. Do 10 you know what happened when Battery Park City 11 was put up? We created millions of square feet 12 of space. American Express, for one, moved out 13 of offices that they had in Lower Manhattan and 14 moved to the World Trade Center. 15 But it goes beyond that. The 16 City of New York through various retention deals 17 has actually helped companies move out of Lower 18 Manhattan. Some of the instances of that was 19 Donaldson, Lufkin and Jenrette, which moved a 20 lot of office workers and gave up space in Lower 21 Manhattan, moved to 270 Broadway. There were 22 other retention deals. C.S. First Boston, they 23 were given money to move out of Lower Manhattan 24 and to move to the Met Life Building and Chase 25 was given a lot of government support to move 12373 1 jobs to Metro-Tech in Brooklyn. 2 So one of the real difficulties 3 we have or one of the reasons for the difficulty 4 that we have is that government has involved 5 itself and government as entered actively into 6 moving jobs out of Lower Manhattan. 7 The other reason that there is a 8 problem in Lower Manhattan is there has been 9 overbuilding by developers. Do you know how 10 much office space has been put up in New York 11 City and primarily in Manhattan in the last ten 12 years? Fifty-three million square feet between 13 1980 and 1991 and much of that was in Lower 14 Manhattan. The actual figures on that are - 15 and I think it's significant -- 55 buildings 16 were completed uptown and 26 were completed 17 downtown; 24,642,000 square feet of office space 18 was built downtown. 19 Speculators went in, doing I 20 guess what speculators do. There's nothing 21 wrong with being a speculator; but if you 22 speculate, sometimes you may find that your 23 investment doesn't turn out to be particularly 24 profitable. So some of the empty buildings that 25 Senator Connor is talking about were put up by 12374 1 people who had those rosy glasses that many 2 people had in the 1980s, and they built and they 3 built and they built. Now, they come to the 4 Legislature, they come to the City of New York 5 and say bail us out. 6 This is a problem that was 7 created by the real estate industry. I think 8 it's a problem that they have to solve. Are we 9 every time that some company makes a mistake in 10 judgment, every time that you have some over 11 construction, is it the responsibility of the 12 State of New York to come in and bail those 13 people out? 14 You know, I'm amused by the fact 15 that this has the support of, apparently, the 16 Majority, people who believe in the free market, 17 who are always saying let the market determine. 18 Well, the market has determined. I have no 19 problem, by the way, with what's called 20 industrial policy. I have no difficulty with 21 government going in and helping out if it's 22 going to work. I would support this bill if I 23 thought it was going to work. 24 That brings me to the third 25 reason that there has been a decline in economic 12375 1 activity in Lower Manhattan, and that is the 2 changes in the economy, the technological 3 revolution, the fact that you can conduct 4 business in South Dakota as easily, in some 5 respects, as you can if you are opposite 40 Wall 6 Street. These are economic trends and forces 7 that there's no way that I think we can reverse; 8 and by saying we're going to create some cheaper 9 space and that's going to create businesses, I 10 just don't think it's going to work. 11 And, as I pointed out before, 12 there is no study that says, yes, we've gone to 13 Frankfort, Germany, we've gone to Tokyo, we've 14 gone to New Jersey, we've gone to Chicago, and 15 we know there's 20 firms that will move into 16 Lower Manhattan. 17 I'll tell you who may move to 18 Lower Manhattan are firms that are in Midtown 19 because now the rent is going to be cheaper, and 20 you may suck firms out of the other boroughs. 21 Now, I know Senator Connor said, yes, but there 22 are protections in this bill. But let me tell 23 you, the protections are not going to work. 24 First of all, they don't work because if there 25 is a firm that does want to move into New York, 12376 1 it's more likely now if this bill passes with 2 these benefits to move to Lower Manhattan. I 3 grant that may well be so, but doesn't that 4 discriminate against other areas of the City? 5 Doesn't that discriminate against the Bronx, 6 Queens, Brooklyn, which are also trying to 7 attract businesses which also have high 8 vacancy? 9 But it's not going to work for a 10 second reason because the amount of surveillance 11 and check that would have to be made to 12 determine that a firm that has moved from 13 Brooklyn into one of these converted buildings 14 actually came from Brooklyn. What do you do? 15 You just change the name. Or if you have a law 16 firm that's a merger of two law firms, one came 17 from Midtown and one came from Brooklyn, how are 18 you going to handle this? Do you think the New 19 York City Finance Department is really going to 20 be able to check on that? Of course not. 21 So I don't think that this plan 22 is going to bring jobs into Lower Manhattan that 23 are not presently in New York. It's just not 24 going to attract them. 25 But let me tell you what I think 12377 1 this bill is really about. I don't think it's 2 about commercial revitalization. What this bill 3 is about is residential conversion. That gives 4 me a lot of problems. That gives me a lot of 5 problems. 6 Why should we subsidize the 7 conversion of commercial space to residential 8 space which is going to be luxury housing? This 9 is going to rent inevitably well above $2,000 a 10 month an apartment. Senator Bruno, who I 11 understand was worried about some of the aspects 12 of rent regulations, is not going to have to 13 worry because under the rent laws those 14 buildings are not going to be controlled 15 anyhow. 16 Clearly, the aim of many of the 17 developers here is going to be creating 18 residential housing. Donald Trump, who either 19 has bought or is about to buy 40 Wall Street - 20 it's the seven tallest building in the world, 21 and he is saying I'm going to build -- to create 22 beautiful condos; and if you've ever been to 40 23 Wall Street, it has a spectacular view. That's 24 great. Let Donald Trump do that. I think 25 that's fine, but should it be done with my 12378 1 taxpayer's money? Should government fund that? 2 I find no justification for that whatsoever. 3 Also, one of the effects of the 4 conversion of the commercial space to 5 residential is that in that area 4 to 5 percent 6 of the commercial space is industrial space, 7 industrial jobs, some of the areas of Lower 8 Chinatown and so on. It's not great space, but 9 it happens to be occupied. It happens to be 10 creating jobs. Now, you are providing an 11 incentive for taking that space and converting 12 it into residential. 13 I submit there are things that 14 can be done for Lower Manhattan. I'm not 15 suggesting ignore Lower Manhattan. Let the 16 market take care of it. There's nothing 17 government can do. I think there are things 18 that can be done. 19 I think the City can use the 20 power of zoning. I think there are things that 21 can be done in transportation. I think there 22 are things that can be done in quality of life 23 that will help Lower Manhattan and that the City 24 should do and, in fact, they are part of the 25 plan. What I object to are the tax abatements 12379 1 and the tax exemption, particularly and 2 especially when there is no showing that this in 3 any way is going to enhance and increase 4 economic, commercial economic activity and when 5 I see that we are subsidizing luxury housing. 6 For that reason, I think this 7 particular bill is a mistake, and I would urge 8 its defeat. 9 SENATOR CONNOR: Mr. President. 10 ACTING PRESIDENT NOZZOLIO: 11 Senator Connor. 12 SENATOR CONNOR: Thank you, Mr. 13 President. 14 Let it be recorded -- Senator 15 Bruno. Mr. President. Let it be recorded in 16 the annals of the State Senate that there came a 17 day, once upon a time, when Senator Leichter 18 rose and urged that we let the market take its 19 course, and Senator Connor answered and said, 20 "No, no, no, taxes are too high; let's lower 21 them." 22 (Laughter.) 23 What have we come to? But an 24 honest debate among fellow conservatives is 25 always in order in the Senate. 12380 1 (Laughter.) 2 Senator Leichter, I understand 3 you are saying the problem there is the market, 4 but I'm saying the problem is the government. 5 The taxes were too high there. That's why 6 people went to South Dakota because the rent was 7 cheaper in South Dakota. One of the factors - 8 two of the majority factors are energy costs and 9 -- let me point out something. The rest of New 10 York City has been relieved from the burden of 11 the commercial occupancy tax. Manhattan north 12 of 96th Street -- 96th Street -- has been 13 relieved of the burden of the commercial 14 occupancy tax, the commercial rent tax. 15 Lower Manhattan is still under 16 it. This would provide relief, the same relief 17 the rest of the city got from this tax. 18 Senator Bruno looks confused 19 about this. You have to be enjoying this, 20 Senator. 21 And, in fact, Senator Leichter 22 says, "Where is the study?" Well, we've all 23 seen studies and reports and false promises in 24 paper. The people in this business, in this 25 real estate market, got together with their 12381 1 consultants and devised this because they 2 believe it works, and they are the people that 3 have to go out and sell. They're the people who 4 have to go out and sign those leases, sign up 5 those tenants with these employees, and they 6 believe it will work, and I say give them a 7 chance. 8 Senator Leichter would say, but 9 all this government money gone. Three hundred 10 and some million dollars is a pittance compared 11 to what's been lost in the decreased assessed 12 value because of the vacancy rate, because of 13 the unattractiveness of these buildings, because 14 they are not renovated. They are not wired; 15 they are not smart buildings. They're not ready 16 for occupancy by the kind of commercial tenants 17 that we still have a chance to attract in New 18 York City. 19 As Senator Leichter pointed out, 20 the idea is not to attract tenants from the 21 other boroughs. They wouldn't be covered by 22 this program. 23 This also, I would point out, of 24 the six major features offers two of them to all 25 the boroughs in the City of New York, which is 12382 1 something that was put in when they modified the 2 bill. That safeguard about attracting 3 businesses from other boroughs was designed to 4 protect, among other things, developments like 5 Metro-Tech like downtown Brooklyn. I represent 6 downtown Brooklyn, as well. If I thought we 7 were going to suck in business from downtown 8 Brooklyn, I would have to do my math. I think 9 it's 55 percent Brooklyn, 45 percent Manhattan, 10 in the votes, but I am confident that that's not 11 what this program is. That's not who the target 12 is. 13 And I think that the market - 14 the market, Senator Leichter. The market says 15 you can't have all that commercial space. Some 16 will have to be converted to residential. 17 That's just facing facts. Some of the buildings 18 are not suitable for conversion, for renovation 19 to modern office space, modern commercial 20 space. 21 I think, on balance, this is a 22 fair effort. Frankly, if the people who put 23 this together, the people who renovate the 24 buildings, the people who rewire them, make them 25 smart, can't go out and sell, can't get tenants, 12383 1 can't sign up leases, remember the abatement is 2 going. The benefits can only be passed through 3 to the tenants. They will fail. The government 4 won't be in for a lot. Literally, the owner, if 5 they misjudge the market that badly will be out 6 of business. Not a good development, though. 7 Not good for the City. But, you know, the City 8 will be in no worse position than it was before 9 it started. 10 So I would urge everyone, 11 seriously, to vote yes because I think we do 12 have to do this. We've done some similar 13 things, some similar things for other boroughs, 14 that are in this bill; and I think Lower 15 Manhattan needs this shot in the arm to bounce 16 back. 17 Thank you, Mr. President. 18 ACTING PRESIDENT NOZZOLIO: 19 Senator Leibell. 20 SENATOR LEIBELL: Thank you, Mr. 21 President. 22 When this legislation came before 23 us in June, Senator Bruno and I had expressed 24 some concerns regarding some provisions of the 25 original bill. 12384 1 I understand now that the Mayor 2 has contacted us and cleared up this concern, 3 and I would like to have the opportunity, if I 4 might, to just read in the Mayor's letter, Mayor 5 Giuliani's letter to Senator Bruno, dated August 6 16, this year. 7 Dear Senator Bruno: "I am 8 writing as a follow-up to our conversation 9 regarding passage of the Lower Manhattan 10 legislation. In our discussion, you asked that 11 the legislation be amended to insure that any 12 residential units created as a result of the 13 legislation are subject to the most current rent 14 stabilization laws of the state. I have 15 discussed this matter with the drafters of the 16 legislation and with the Commissioner of the 17 Department of Housing Preservation and 18 Development (HPD), the City agency responsible 19 for implementing the residential conversion 20 program proposed in the legislation. The City's 21 intention has always been that dwelling units 22 and property receiving benefits under the 23 residential conversion program, bill Section 14, 24 and the mixed use program, bill Section 15, 25 would be subject to rent stabilization to the 12385 1 same extent as but to no greater extent than 2 other rent-regulated property. Any provision of 3 law that generally exempts any housing 4 accommodation from rent stabilization would 5 apply as well to dwelling units in property 6 receiving benefits under the aforementioned 7 program; thus, the provisions of the Rent 8 Regulation Reform Act of 1993 that provide for 9 the exclusion of high rent accommodation and for 10 high income rent decontrol would apply to 11 property receiving benefits under the program 12 created by the Lower Manhattan legislation. Any 13 future amendments to the Rent Stabilization Law 14 would also apply to these properties. The City 15 agencies responsible for administering the 16 residential conversion and mixed use programs 17 will promulgate rules that reflect our intention 18 to apply the Rent Stabilization Law as a whole, 19 including any provisions that exempt housing 20 accommodations from rent stabilization to 21 property receiving benefits under those 22 programs. 23 "If you have any further 24 questions regarding this matter, please do not 25 hesitate to contact me. On behalf of myself the 12386 1 business community of New York and the people of 2 New York City generally, I ask for your 3 assistance in insuring the passage of this 4 legislation at the earliest possible moment. 5 "Sincerely, Rudolph Giuliani, 6 Mayor of the City of New York." 7 Thank you, Mr. President. 8 ACTING PRESIDENT NOZZOLIO: 9 Senator Goodman. 10 SENATOR GOODMAN: Mr. President. 11 For some years before becoming a state Senator, 12 I happened to have worked in this downtown area 13 which is the subject of this bill. I worked in 14 an area which at the time was good and growing 15 and vital economically and was an economic 16 engine of considerable significance to the 17 overall economic health of the City and the 18 state. 19 In the years since and there have 20 been more than I'm readily willing to admit that 21 have elapsed, there has been an extraordinary 22 toboggan ride downward of this entire area, and 23 this has to be something of deep concern to this 24 Legislature and to anyone who cares about the 25 future of New York. 12387 1 I'm, therefore, somewhat stunned 2 to find some of the people who care most deeply 3 about New York, including my colleague Senator 4 Leichter, taking such exception to this bill 5 based on a series of hypotheses which, in my 6 opinion, are not accurate reflections of what 7 the bill will accomplish. 8 Senator Leichter, in a small 9 nutshell, this bill will reintroduce into this 10 downtown area, which is so deeply depressed and 11 countercyclically depressed, a whole series of 12 new possibilities for growth not just to act 13 like an Electrolux sucking business from midtown 14 to downtown but bringing more financial 15 businesses which would otherwise be located in 16 New Jersey or Connecticut or other nearby states 17 with more favorable tax structures, creating for 18 them the incentive to be in the downtown area 19 and to recapture some of the greatness which 20 characterized the whole Wall Street and downtown 21 business community. 22 Now, I must say that I think the 23 arguments for the bill are almost overwhelming. 24 Not only does Lower Manhattan hold a truly 25 unique place in the history of the City and the 12388 1 nation, but it does have the potential, once 2 again, to become the anchor for the whole 3 financial community of the world. This is now 4 an international financial community, and it 5 would be less than appropriate if the City of 6 New York did not reclaim its place as the focal 7 point of all of the international business for 8 which we are so notably famed but which starts 9 to slip away so rapidly in view of recent 10 events. 11 The tax abatements and 12 assessments and diminution of assessments which 13 this bill involves are tried and true methods to 14 stimulate economic activity. I would cite to 15 you some of the beneficial effects of other tax 16 stimuli which we've created in this body and the 17 enormous building and construction which has 18 emanated from those efforts on our part. 19 So that I would simply like to 20 stress that the savings associated with the 21 Lower Manhattan program would probably equal 22 about $5 a square foot based on average 23 occupancy cost spread over ten years. That 24 would narrow the cost differential between Lower 25 Manhattan and surrounding areas and provide 12389 1 prospective tenants with competitive reasons for 2 wanting to be in the Lower Manhattan area. An 3 increased tax base and the growing employment 4 picture and the creation of a multifaceted 5 24-hour downtown community are among the longer 6 term benefits which we can expect from the 7 adoption of this plan. 8 I don't think we have any 9 choice. If we don't take action of some sort 10 that's dramatic and palpable and constructive, I 11 would have to say that in my opinion we will 12 stand a serious chance of losing this precious 13 asset which means so much to all New Yorkers. 14 And I strongly urge its adoption 15 by an overwhelming vote of this body to reflect 16 both our concern and our constructive 17 involvement in the future of a healthy city. 18 ACTING PRESIDENT NOZZOLIO: Thank 19 you, Senator Goodman. 20 Senator Leichter. 21 SENATOR LEICHTER: Yes, just very 22 briefly. I wanted to say to Senator Connor that 23 when he talked about lower taxes, I thought he 24 did a very good job of reading one of Senator 25 Bruno's speeches. 12390 1 One of my colleagues came up to 2 me and asked after my strong statement in 3 support of the free market whether I would get 4 the Conservative Party endorsement. I said, 5 well, maybe. And maybe Joe Bruno, for the 6 support of this bill, will get the backing of 7 the Socialists who believe in government 8 interference and government involvement and so 9 on. 10 But in all seriousness, I 11 certainly support doing government support where 12 it's going do work; and it's for that reason I 13 really wanted to get up again because, as 14 Senator Connor pointed out, that we really had 15 in Manhattan some new businesses coming in, in 16 the Tribeca area, the multimedia. But that's 17 the point. That was done without government 18 support. 19 I happen to believe in government 20 stimulus, but I think real estate is one area 21 where government has shown itself to be 22 particularly inept. That's the point that I 23 tried to make when I talked about we financed 24 the World Trade Center, we financed Battery Park 25 City, we financed a lot of other developments in 12391 1 Lower Manhattan which, I think, have created the 2 problem, and now to say, "Well, we're going to 3 do more financing, and that's going to cure the 4 problem," I don't think it's going to work, and 5 maybe in this particular instance the free 6 market, indeed, will tell us and will guide us, 7 just as it has in the development in Tribeca and 8 in the development in SoHo. 9 Some years ago in the City of New 10 York, we were going to tear down the whole SoHo 11 area. It was called Hell's Hundred Acres, and 12 there has been a wonderful development without 13 government assistance, without government 14 interference. 15 I would just say that if the City 16 of New York has $354 million available, use it 17 overall for the whole City of New York, reduce 18 some of the taxes that are burdensome on 19 business, deal with some of the quality of life 20 and quality of business conditions such as a 21 trade work force, some of the other quality of 22 business and quality of life matters that I 23 think are a deterrence to businesses moving to 24 New York. I really think that makes much more 25 sense. 12392 1 I know this is a well-intentioned 2 bill. I appreciate Senator Connor's and other 3 people's concerns, Senator Goodman, with Lower 4 Manhattan. I just don't think that this is 5 going to work and that this is the way to go. 6 ACTING PRESIDENT NOZZOLIO: 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President. 9 Just to close. 10 I want to appreciate our good 11 Senator Leichter for his comments, and it's just 12 an indication that no matter how learned or 13 intelligent you are that you are not always 14 right. 15 And, Senator Connor, I want to 16 thank you for all of your good work on behalf of 17 this legislation; and, Senator Goodman, and all 18 the others in the City that have been so 19 diligent, Senator Leibell, in helping get this 20 to the floor. 21 Mr. President. I think this is 22 an indication that people can differ. They can 23 have good, honest discussion and then, on the 24 merits, resolve their differences and go 25 forward, and I'm just as pleased as I can be to 12393 1 hear Senator Connor endorse the tax cut policies 2 that are truly economic stimulation because 3 we're going to have some other good stuff like 4 this that we're going to talk about that may 5 affect some other parts of the state as well as 6 the City; and he is absolutely right, Mr. 7 President, the bottom line will be all the 8 people of this state will prosper. So we thank 9 him for all of his good work, and all the 10 others, on this bill. 11 And I would move its adoption. 12 ACTING PRESIDENT NOZZOLIO: Thank 13 you, Senator Bruno. 14 Read the last section. 15 THE SECRETARY: Section 20. This 16 act shall take effect immediately. 17 ACTING PRESIDENT NOZZOLIO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT NOZZOLIO: 21 Senator Stachowski. 22 SENATOR STACHOWSKI: Just to 23 explain my vote. 24 ACTING PRESIDENT NOZZOLIO: 25 Senator Stachowski to explain his vote. 12394 1 SENATOR STACHOWSKI: Senator 2 Bruno, before my vote is taken any way, I would 3 like to give you my position on future tax cuts, 4 but at this point in the budget process, I'm 5 prohibited from doing so. 6 Vote yes. 7 ACTING PRESIDENT NOZZOLIO: 8 Senator Stachowski, aye. 9 THE SECRETARY: Ayes 53. Nays 10 1. Senator Leichter recorded in the negative. 11 ACTING PRESIDENT NOZZOLIO: The 12 bill is passed. 13 Senator Bruno. 14 SENATOR BRUNO: Mr. President. 15 Can we now call up Calendar Number 1630. 16 ACTING PRESIDENT NOZZOLIO: 17 Secretary will read. 18 THE SECRETARY: Senator Bruno 19 moves to discharge from the Committee on Rules 20 Assembly Print 8142 and substitute it for the 21 identical Calendar Number 1630. 22 ACTING PRESIDENT NOZZOLIO: 23 Substitution so ordered. 24 THE SECRETARY: Calendar Number 25 1630, by the Assembly Committee on Rules, 12395 1 Assembly Print 8142, an act to amend the Real 2 Property Tax Law, in relation to tax abatements 3 and making certain technical changes relating 4 thereto. 5 ACTING PRESIDENT NOZZOLIO: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the same date as such 9 chapter. 10 ACTING PRESIDENT NOZZOLIO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 53. Nays 14 1. Senator Leichter recorded in the negative. 15 ACTING PRESIDENT NOZZOLIO: The 16 bill is passed. 17 Senator Connor. 18 SENATOR CONNOR: Yes, Mr. 19 President. As we come to a close, you know, of 20 this mini session, I'm certainly not going to 21 make a closing speech. But on behalf of all my 22 colleagues in the Senate Democratic Conference, 23 I did want to note that our Finance Committee 24 Secretary John Quirk -- I believe today is his 25 last day of service, but he is here on the job, 12396 1 and he is moving on to bigger and better things 2 in the private sector, which after his many 3 years of service in the Legislature, first in 4 the Assembly and for these last -- I suppose 5 it's seven years, is it? -- as the secretary to 6 the Minority Finance Committee, so - 7 John, certainly, in my first year 8 as leader, has been of inestimable help. He's 9 been a good friend, a wise counsellor. 10 Occasionally, even, he is humorous. I know all 11 the colleagues on this side of the aisle and, 12 I'm sure all who have dealt with John will wish 13 him well in his future endeavors. I know he 14 will do well, and thank him for his past 15 efforts. 16 ACTING PRESIDENT NOZZOLIO: Thank 17 you, Senator Connor. 18 Senator Bruno. 19 Senator Connor. 20 SENATOR CONNOR: We probably 21 won't be back, we hope. There is someone who 22 served with me in this body literally every 23 moment -- we were elected on the same day 24 February 14, 1978 -- who's been a good colleague 25 and friend to all of us and particularly good 12397 1 friend to me, has served in a variety of 2 leadership roles in our Democratic Conference; 3 and while he faces opposition and -- you know, 4 with some Republicans here from Brooklyn, he 5 faces, I believe, opposition in the general 6 election -- it's generally acknowledged that he 7 will undoubtedly prevail and become a judge and 8 will assume the bench probably before we return 9 here. 10 So I did just want to thank 11 Senator Martin Solomon on behalf of all of us 12 for his many years of service. 13 (Applause.) 14 SENATOR SOLOMON: Thank you. 15 ACTING PRESIDENT NOZZOLIO: 16 Senator Bruno. 17 SENATOR BRUNO: Mr. President. I 18 would like to just offer my condolences to 19 Senator Connor for losing such an able 20 assistant, and I hope that you can persevere and 21 recover from this. John has really been great 22 support, and we have enjoyed the relationship as 23 well and wish you well in what you're going to 24 be doing in your life in the future, and I'm 25 sure that we will be staying in touch, I have a 12398 1 feeling. 2 SENATOR CONNOR: Not for a year. 3 SENATOR BRUNO: Not for a year? 4 Mr. President. It's always sad 5 when a colleague leaves to do other things even 6 if it's to be adorned by the robes that only 7 attorneys aspire to. 8 But I served with Marty when he 9 was ranking as I chaired the Insurance 10 Committee, and I can tell you that his knowledge 11 and his assistance in all the things that we 12 were doing then were invaluable to me and his 13 assistance on the floor here, whether he was for 14 or against any particular issue was extremely 15 beneficial to all the people of this state, so 16 we're going to miss him here. 17 But we wish you well, happiness 18 and good health, as you go on with your future, 19 Marty. And I have a feeling as we go forward 20 with our budgets that we'll also hear from you, 21 but hopefully not too soon. 22 Any housekeeping at the desk, Mr. 23 President? 24 ACTING PRESIDENT NOZZOLIO: There 25 is none. 12399 1 SENATOR BRUNO: Hearing none, I 2 would move that -- there being no further 3 business to come before the Senate that we 4 adjourn subject to the call of the Majority 5 Leader. 6 And thank you and be healthy. 7 ACTING PRESIDENT NOZZOLIO: 8 Without objection, Senate stands adjourned 9 subject to the call of the Majority Leader. 10 (Whereupon at 2:15 p.m., the 11 Senate adjourned.) 12 13 14 15 16 17 18