Friday, March 29, 1996

2930 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 29, 1996 11 11:02 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 2931 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 find their places, staff their seats. Ask 5 everybody in the chamber to rise and say the 6 Pledge of Allegiance to the Flag with me. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag. ) 9 In the absence of clergy, may we 10 bow our heads in a moment of silence. 11 (A moment of silence was 12 observed. ) 13 Reading of the Journal. 14 THE SECRETARY: In Senate, 15 Thursday, March 28th. The Senate met pursuant 16 to adjournment, Senator Hoblock in the Chair. 17 The Journal of Wednesday, March 27th, was read 18 and approved. On motion, Senate adjourned. 19 ACTING PRESIDENT KUHL: Hearing 20 no objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 2932 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, that brings us to 8 the calendar. 9 SENATOR BRUNO: Mr. President, 10 can we ask for a Finance Committee meeting 11 immediately in Room 332. 12 ACTING PRESIDENT KUHL: There 13 will be an immediate meeting of Senate Finance 14 Committee in the Majority Conference Room, Room 15 332. An immediate meeting of the Senate Finance 16 Committee in the Majority Conference Room, Room 17 332. 18 Senator Bruno. 19 SENATOR BRUNO: Mr. Bruno, can we 20 at this time take up the non-controversial 21 calendar. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the non-controversial calendar. 2933 1 THE SECRETARY: On page 14, 2 Calendar Number 389, by Senator Saland, Senate 3 Print 2115. 4 SENATOR PATERSON: Lay aside, 5 please. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 481, by Senator Goodman, Senate Print Number 10 911, an act to amend the Vehicle and Traffic 11 Law, in relation to allowing parking violation 12 bureaus to increase the fine for illegal 13 parking. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 37. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 2934 1 The Secretary will continue to 2 call the non-controversial calendar. 3 THE SECRETARY: Calendar Number 4 483, by Senator Maltese, Senate Print 4344-A, an 5 act to amend the Vehicle and Traffic Law, the 6 Criminal Procedure Law and the Tax Law, in 7 relation to penalties for failing to answer a 8 traffic summons. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 11. This 12 act shall take effect on the first day of 13 November. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 41. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 499, by Senator Johnson, Senate Print 4469, an 22 act to amend the Election Law, in relation to 23 the transmitting of certain information in 2935 1 computer readable form by the Department of 2 Motor Vehicles. 3 SENATOR STACHOWSKI: Lay aside, 4 please. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 501, by Senator Levy, Senate Print Number 372, 9 an act to amend the Vehicle and Traffic Law, in 10 relation to increasing the penalties for 11 aggravated unlicensed operation of a motor 12 vehicle. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 44. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 2936 1 THE SECRETARY: Calendar Number 2 506, by Senator Trunzo, Senate Print 6181, an 3 act to amend the Vehicle and Traffic Law, in 4 relation to allowing persons to indicate an 5 emergency contact person. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect one year after it shall 10 have become a law. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 45. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 514, by Senator Johnson, Senate Print 1987, an 19 act to amend the Domestic Relations Law, in 20 relation to visitation rights to infant grand 21 children. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 2937 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 45. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Senator Bruno, that completes the 10 -- oh, excuse me. Secretary will continue to 11 call the non-controversial calendar. 12 Senator Bruno, that completes the 13 non-controversial calendar. 14 SENATOR BRUNO: Mr. President, 15 can we at this time take up the controversial 16 calendar. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the controversial calendar beginning 19 with Calendar Number 389. 20 THE SECRETARY: On page 14, 21 Calendar Number 389, by Senator Saland, Senate 22 Print 2115, an act to amend the Family Court 23 Act, in relation to the placement of children 2938 1 upon disposition of child protective 2 proceedings. 3 SENATOR PATERSON: Explanation. 4 ACTING PRESIDENT KUHL: Senator 5 Saland, an explanation of Calendar Number 389 6 has been asked for by the Acting Minority 7 Leader, Senator Paterson. 8 SENATOR SALAND: Mr. President, 9 is this the only bill on the controversial 10 calendar, because if not, I'd like to have it 11 laid aside temporarily. 12 ACTING PRESIDENT KUHL: No, 13 there's one other. 14 SENATOR SALAND: May I request it 15 be laid aside and return to it. 16 ACTING PRESIDENT KUHL: The bill 17 will be laid aside temporarily. 18 Senator Paterson, why do you 19 rise? 20 SENATOR PATERSON: That's all 21 right. It was really just a brief question. If 22 Senator Saland would -- why don't we lay it 23 aside and I'll go and see Senator Saland. 2939 1 ACTING PRESIDENT KUHL: That 2 sounds like a good idea, Senator Paterson. The 3 bill will be laid aside. 4 Secretary will continue to call 5 the controversial calendar. 6 THE SECRETARY: Calendar Number 7 499, by Senator Johnson, Senate Print 4469, an 8 act to amend the Election Law, in relation to 9 the transmitting of certain information in 10 computer readable form by the Department of 11 Motor Vehicles. 12 SENATOR PATERSON: Explanation. 13 ACTING PRESIDENT KUHL: Senator 14 Bruno. 15 SENATOR BRUNO: Mr. President, 16 Senator Johnson I believe is out of the chamber 17 and if we can lay that bill aside temporarily 18 and I believe Senator Saland is here now and may 19 be prepared to take up his bill. 20 ACTING PRESIDENT KUHL: Calendar 21 Number 499 will be laid aside temporarily. 22 We'll return to Calendar Number 389. I'll ask 23 the Secretary to read. 2940 1 THE SECRETARY: On page 14, 2 Calendar Number 389, by Senator Saland, Senate 3 Print Number 2115, an act to amend the Family 4 Court Act, in relation to placement of 5 children. 6 ACTING PRESIDENT KUHL: Senator 7 Saland, previously an explanation of this bill 8 had been asked for by Senator Paterson. If you 9 would so explain. 10 SENATOR SALAND: Thank you, Mr. 11 President. 12 What this bill endeavors to do 13 is, in the case of child protective proceedings 14 where there has been a -- a placement, the 15 placement is by law defined as being limited to 16 one year. Those placements may be subsequently 17 renewed by the court. 18 What this bill does is, it carves 19 out an exception to those one-year placements 20 and says that where the child who has been the 21 subject of the proceeding is placed in the 22 custody of a relative or other suitable person, 23 the court may continue that order pending the 2941 1 further order of the court which would enable 2 the placement to be extended for more than one 3 year in those limited number of cases. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Senator 7 Saland, the Legal Aid Society has a memo in 8 opposition, and I was wondering if you might 9 respond to it for me, so I can understand. 10 Their concern has to do with an annual review of 11 these types of placements so that maybe we might 12 not want to restrict the placement to one year 13 but perhaps the Legal Aid Society is saying they 14 want to continue the review. 15 SENATOR SALAND: Well, I'm not 16 familiar with the -- the opposition memo. I 17 believe this to be a narrow exception in the 18 sense that we're carefully attempting to 19 proscribe the placements to people who are 20 relatives of the child or some other person 21 determined to be a suitable surrogate for 22 purposes of the child's placement. 23 I'm -- I would think that the 2942 1 type of -- of follow-up that the Legal Aid memo 2 is seeking might turn out to be superfluous in 3 this type of an environment. There certainly 4 would be nothing -- there would be nothing that 5 would prohibit the court from directing that 6 particular type of review, but I would not want 7 to bind the court to that in this narrow class 8 of cases. 9 ACTING PRESIDENT KUHL: Senator 10 Paterson. 11 SENATOR PATERSON: Thank you, 12 Senator. If the Senator would yield for just 13 one further question. 14 SENATOR SALAND: Certainly, Mr. 15 President. 16 ACTING PRESIDENT KUHL: Senator 17 yields. 18 SENATOR PATERSON: Senator, would 19 you, describe this bill as a part of a desire to 20 provoke... to promote non-foster care placement 21 of children in situations where the parent is 22 unable to be the active guardian? The reason 23 that I ask the question is because, as we are 2943 1 limiting foster care resources in the budget, I 2 would suggest that it might be somewhat 3 restrictive in the sense that not all families, 4 not all children have the resources that those 5 who have relatives that can take them have, and 6 I'm just hoping, because I think this is 7 otherwise a good bill, so I'm just hoping that 8 this is not just a philosophy that this should 9 happen, but what would be more of something that 10 can be permissible when it actually exists, but 11 what I'm cautioning is that this should not be a 12 general philosophy of what should be the 13 placement of children when the parents are 14 unable to serve. 15 SENATOR SALAND: You ascribe to 16 me a far grander design or agenda than I could 17 possibly have contemplated. This is merely an 18 effort to recognize in those situations where a 19 placement is made with someone who is relatively 20 close to the child that the court would have the 21 ability to provide for a lengthier placement. 22 There is no underlying agenda that's intended 23 somehow or other to create the type of scenario 2944 1 to which you allude. 2 SENATOR PATERSON: Well, thank 3 you, Senator. In that case, I recommend 4 unanimous adoption. 5 SENATOR SALAND: Thank you. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 50. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 Secretary will continue to call 17 the controversial calendar. 18 THE SECRETARY: Calendar Number 19 499, by Senator Johnson, Senate Print 4469, an 20 act to amend the Election Law, in relation to 21 the transmitting of certain information in 22 computer readable form by the Department of 23 Motor Vehicles. 2945 1 SENATOR STACHOWSKI: Explanation. 2 ACTING PRESIDENT KUHL: Senator 3 Johnson, an explanation of the bill has been 4 asked for by Senator Stachowski. 5 SENATOR JOHNSON: Mr. President, 6 the motor-voter registrations that come through 7 the Motor Vehicle Department are made in paper 8 duplicates, and these paper duplicates are 9 normally sent to the local board of elections. 10 Now, our board is anticipating a 11 lot of applications. They received a lot of 12 applications. They don't have the staff to take 13 all this paper and compute it, put it into 14 computer form so it can be printed out and 15 available expeditiously. So this bill simply 16 asks if, since the Motor Vehicle Bureau does put 17 the stuff in their computer, they should 18 communicate it to the county Board of Elections 19 of Suffolk County by computer right into our 20 records without all the attendant paperwork and 21 paper shuffling that would be required without 22 the passage of this bill. 23 ACTING PRESIDENT KUHL: Senator 2946 1 Paterson. 2 SENATOR PATERSON: Senator, Mr. 3 President. I was waiting for Senator 4 Dollinger. He's not in the chamber but I think 5 we can go ahead without him, if Senator Johnson 6 is willing to yield to a question. 7 ACTING PRESIDENT KUHL: Senator 8 Johnson, do you yield to Senator Johnson 9 Paterson? 10 SENATOR JOHNSON: Yes, yes. 11 ACTING PRESIDENT KUHL: Senator 12 yields. 13 SENATOR PATERSON: Senator 14 Johnson, if Senator Dollinger were here I 15 imagine he would say to you that this is a great 16 idea, it's a terrific idea, and it's great that 17 we're having it in Suffolk County, but what 18 about extending this kind of thing to places 19 like Rochester or Orange County, or maybe Ulster 20 County or Onondaga County? In other words, this 21 is a good idea, but why aren't we doing this for 22 all counties around the state? 23 SENATOR JOHNSON: Well, of 2947 1 course, Senator, it would be presumptuous of me 2 residing in Suffolk County, and being familiar 3 with the advanced state of computerization in my 4 county, to assume these other counties might be 5 on a level to take advantage of this 6 opportunity. 7 But, on the other hand, Senator, 8 this bill has been on the calendar or in this 9 house for a year, and others have suggested that 10 when this was passed a year ago, and -- and 11 certainly I had no objection to them introducing 12 a bill and I would be supportive of their bill 13 but it would be, as I say, presumptuous of me to 14 put another county with which I'm not familiar 15 into this bill. 16 ACTING PRESIDENT KUHL: Senator 17 Paterson. 18 SENATOR PATERSON: If Senator 19 would yield for just one final question. 20 ACTING PRESIDENT KUHL: Senator 21 Johnson, do you yield to another question? 22 SENATOR JOHNSON: Yes, Mr. 23 President. 2948 1 ACTING PRESIDENT KUHL: Senator 2 yields. 3 SENATOR PATERSON: Well, Senator, 4 one of the rather consistent approaches that's 5 used in this chamber is to pass this legislation 6 and leave it to the discretion of the county as 7 to whether or not they would like to implement 8 it, and I would imagine that since your bill 9 passed last year with only one exception, that 10 that would at least be an indication that there 11 would be a favorable determination on this type 12 of issue, so I would just want to suggest that 13 you consider leaving it open -- leaving it 14 optional for the counties but providing it so 15 that we don't have to come back and pass 61 16 other separate bills just to accomplish this 17 purpose. 18 SENATOR JOHNSON: Senator, I -- I 19 think I answered your question, and I certainly 20 think that the representatives of the balance of 21 the counties in our state are very capable, 22 intelligent legislators and, if they felt their 23 counties wanted this, or it would be beneficial 2949 1 they would be the first to introduce such a bill 2 and make such a request, but, Senator, since 3 last year I haven't heard a word from anyone. 4 So I can only assume that since our county 5 asked for it and registrations are coming in hot 6 and heavy, that they ought to have the 7 opportunity to implement this type of a program 8 in the county, the only county which has 9 requested it. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 53. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator Skelos, we have a couple 21 of motions we could do at this time if you'd 22 like to return to motions and resolutions. 23 SENATOR SKELOS: O.K. Yes, Mr. 2950 1 President. 2 ACTING PRESIDENT KUHL: We'll 3 return to motions and resolutions. The Chair 4 recognizes Senator DiCarlo. 5 SENATOR DiCARLO: Yes, Mr. 6 President. I wish to call up my bill, Print 7 Number 6149, recalled from the Assembly which is 8 now at the desk. 9 ACTING PRESIDENT KUHL: Secretary 10 will read. 11 THE SECRETARY: By Senator 12 DiCarlo, Senate Print 6149-A, an act to amend 13 the Real Property Tax Law, in relation to the 14 exemption from real property taxation. 15 SENATOR DiCARLO: Mr. President, 16 I now move to reconsider the vote by which this 17 bill was passed. 18 ACTING PRESIDENT KUHL: Secretary 19 will call the roll on reconsideration. 20 (The Secretary called the roll on 21 reconsideration. ) 22 THE SECRETARY: Ayes 53. 23 ACTING PRESIDENT KUHL: Senator 2951 1 DiCarlo. 2 SENATOR DiCARLO: I now offer the 3 following amendments. 4 ACTING PRESIDENT KUHL: 5 Amendments are received and donated. 6 Senator DiCarlo. 7 SENATOR DiCARLO: Mr. President, 8 I wish to call up, on behalf of Senator Velella, 9 print bill, Print Number 5742, recalled from the 10 Assembly which is now at the desk. 11 ACTING PRESIDENT KUHL: Secretary 12 will read. 13 THE SECRETARY: By Senator 14 Velella, Senate Print 5742, an act to amend the 15 Insurance Law, in relation to establishing a 16 mandatory minimum coverage. 17 SENATOR DiCARLO: Mr. President, 18 I now move to reconsider the vote by which this 19 bill was passed. 20 ACTING PRESIDENT KUHL: Secretary 21 will call the roll on reconsideration. 22 (The Secretary called the roll on 23 reconsideration.) 2952 1 THE SECRETARY: Ayes 53. 2 ACTING PRESIDENT KUHL: Senator 3 DiCarlo. 4 SENATOR DiCARLO: Mr. President, 5 I now offer the following amendments. 6 ACTING PRESIDENT KUHL: 7 Amendments are received and adopted. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 if we could return to reports of standing 11 committees, I believe there's a report of the 12 Finance Committee at the desk. 13 ACTING PRESIDENT KUHL: You're 14 absolutely correct, Senator Skelos. We'll 15 return to reports of standing committees. I'll 16 ask the Secretary to read. 17 THE SECRETARY: Senator Stafford, 18 from the Committee on Finance, offers up the 19 following bill: 20 By Senator Hoblock, Senate Bill 21 6773, an act to provide a retirement incentive 22 for certain public employees. 23 ACTING PRESIDENT KUHL: Without 2953 1 objection, bill is ordered directly to third 2 reading. 3 Senator Skelos. Or, Senator 4 Montgomery, why do you rise? 5 SENATOR MONTGOMERY: Mr. 6 President, I would like the record to show that 7 had I been in the chamber when Calendar 390 was 8 voted on by the house, I would have voted in the 9 negative. 10 ACTING PRESIDENT KUHL: The 11 record will reflect, Senator Montgomery, that 12 had you been in the chamber when Calendar Number 13 390 was brought to the floor for a vote, that 14 you would have voted in the negative. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 at this time if we could take up Calendar Number 18 606, Senate 6773, which was reported from the 19 Finance Committee. 20 ACTING PRESIDENT KUHL: Secretary 21 will read. 22 THE SECRETARY: Calendar Number 23 606, by Senator Hoblock, Senate Print 6773, an 2954 1 act to provide a retirement incentive for 2 certain public employees. 3 ACTING PRESIDENT KUHL: Senator 4 Skelos. 5 SENATOR SKELOS: Mr. President, 6 is there a message of necessity at the desk. 7 ACTING PRESIDENT KUHL: There is. 8 SENATOR SKELOS: Move we accept. 9 ACTING PRESIDENT KUHL: Motion is 10 to accept the message of necessity at the desk. 11 All those in favor signify by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response.) 15 ACTING PRESIDENT KUHL: The 16 message is accepted. 17 Senator Skelos. 18 SENATOR SKELOS: Can we now take 19 up Number 607, Senate Number 5594-A, and I 20 believe Senator Hoblock would like to give an 21 explanation. 22 I correct my previous statement, 23 Calendar Number 606. 2955 1 ACTING PRESIDENT KUHL: Secretary 2 will read. 3 THE SECRETARY: It's already 4 read. 5 ACTING PRESIDENT KUHL: It has 6 been read, to the floor, accepted the message. 7 The Chair recognizes Senator Hoblock. 8 SENATOR HOBLOCK: Thank you, Mr. 9 President. 10 A couple of days ago, we passed a 11 bill that was referred to as an early retirement 12 incentive piece of legislation, and we now have 13 this piece back before us, and what the differ 14 ence is basically is we have an agreed upon bill 15 between the Assembly, the Governor's office and 16 this house, on an early retirement incentive. 17 Last year, the Legislature, with 18 the approval of the Governor, likewise had an 19 early retirement incentive which was quite 20 successful given the adoption of the Legislative 21 Budget, having some 5,000 employees take 22 advantage of that legislation. 23 This year we again have an early 2956 1 retirement incentive with a little different 2 spin on it in that it gives a great deal more 3 management flexibility, so those that want to 4 take advantages of the incentive will be able to 5 do and, at the same time, to continue to 6 maintain those positions that are important to 7 the operation of state government. 8 We don't know yet obviously 9 because we have not adopted a budget, as to the 10 impact in numbers of the affected employees at 11 the state level, but this bill also includes 12 non-stated employers at their option and that's 13 particularly local governments, counties, towns, 14 villages and school districts. 15 It's a considerable advantage, 16 because what it does is it allows government at 17 all levels to continue its right-sizing, if you 18 will, and at the same time to protect those 19 employees by minimizing, if not totally elimin 20 ating the need for layoffs and taking people out 21 of their jobs. 22 The bill also contains an 23 appropriation of $25 million which will be - 2957 1 which is included in the Executive's proposed 2 budget to cover the first year cost of this 3 program at the state level, but again it's an 4 option at local government. It's a significant 5 management tool for local government at all 6 levels to continue to operate with the 7 maintenance of the essential positions and allow 8 those that want to retire to do so giving them 9 that flexibility. 10 So with that, I want to thank the 11 staffs of both the Assembly and Senate and the 12 Governor's office for working very diligently in 13 the last couple of days to come up with a 14 compromise that we have before us, and I request 15 that the bill be moved. 16 ACTING PRESIDENT KUHL: Senator 17 Montgomery, why do you rise? 18 SENATOR MONTGOMERY: Mr. 19 President, I would ask if the sponsor would 20 yield for a question, clarification. 21 ACTING PRESIDENT KUHL: Senator 22 Hoblock, do you yield to a question from Senator 23 Montgomery? 2958 1 SENATOR MONTGOMERY: Sure. 2 ACTING PRESIDENT KUHL: The 3 Senator yields. 4 SENATOR MONTGOMERY: Senator 5 Hoblock, on page 3 of the support memo, there is 6 an example of what would happen in the case of 7 an eligible Tier I employee under this bill. 8 Could you give me an example of what would 9 happen with a Tier II employee. I understand 10 that there are a number of state employees who 11 are in Tier II and might also be -- would like 12 to take advantage of this early retirement. 13 Would they lose any of their benefits under 14 this, or would they also be as per your example 15 here, would they receive the full benefit of 16 retirement under this bill? 17 SENATOR HOBLOCK: Well, the 18 question is, because the Tier II have a 19 retirement age of 62 as opposed to 55? 20 SENATOR MONTGOMERY: That's 21 right. That is correct. 22 SENATOR HOBLOCK: I'm told, 23 Senator Montgomery, that the 62 to 55 would 2959 1 apply. The reduction would occur if they're 2 under the age of 55. 3 SENATOR MONTGOMERY: So, in other 4 words, the bill allows them to retire at age 55? 5 SENATOR HOBLOCK: Yes. 6 SENATOR MONTGOMERY: O.K. Thank 7 you. 8 ACTING PRESIDENT KUHL: Senator 9 Leichter, did I see that you wanted the 10 attention of the chair. 11 Senator Leichter. 12 SENATOR LEICHTER: Yes, Senator 13 Hoblock, if you would yield, please. 14 ACTING PRESIDENT KUHL: Senator 15 yields. 16 SENATOR LEICHTER: Senator, as I 17 understand it, the bill covers both the 18 executive branch, covers local government, and 19 it also covers the Legislature; is that correct? 20 SENATOR HOBLOCK: That's 21 correct. 22 SENATOR LEICHTER: And am I also 23 correct that it establishes various standards as 2960 1 to the monetary savings that will be achieved 2 upon early retirement and that's actually one of 3 the conditions for proceeding with the early 4 retirement? 5 SENATOR HOBLOCK: That would be 6 in those titles that are defined as not 7 eligible. That's correct. 8 SENATOR LEICHTER: Right, and 9 there's a specific standard set forth for the 10 executive, is that correct? 11 SENATOR HOBLOCK: The Executive 12 Department? 13 SENATOR LEICHTER: Yes. 14 SENATOR HOBLOCK: Yes, as far as 15 eligible titles. 16 SENATOR LEICHTER: Right, and 17 there is also a standard in regard to the 18 savings that is set up for local government; is 19 that correct? 20 SENATOR HOBLOCK: If they -- if 21 they choose to opt in. 22 SENATOR LEICHTER: Right. And is 23 there a standard set up for the Legislature in 2961 1 case the Legislature -- either of the branches 2 of the Legislature chooses to opt in? 3 SENATOR HOBLOCK: I'm told that 4 the Legislature and the judiciary will have the 5 choice of adopting the standards of the state 6 Executive Department criteria, local government 7 criteria or establishing other. 8 SENATOR LEICHTER: Thank you, 9 Senator Hoblock. That's what I'm really trying 10 to get to. I'm trying to understand why there 11 is a more flexible or if you will, a laxer 12 standard for the Legislature than there is for 13 the executive. 14 SENATOR HOBLOCK: That basically 15 was an agreement between the Assembly, the 16 Senate and the Governor's office in order to 17 come to conclusion covering those two branches. 18 SENATOR LEICHTER: Senator, while 19 I'm sure you couldn't find three wiser men than 20 the ones that you've just mentioned, 21 nevertheless it remains for mortals like you and 22 me to have to vote on the bill to try to 23 understand and to justify it, and I just 2962 1 wouldn't want to think that the Legislature has 2 a more generous or favorable position than local 3 government or the Executive Department. 4 SENATOR HOBLOCK: Well, it's - 5 it's probably a couple of better steps, Senator 6 Leichter, in that last year there was no 7 standard in terms of them having to come up with 8 anything and, secondly, if in fact they are 9 exercised, I would think that -- that is the 10 Legislature and the judiciary -- they're going 11 to have to handle it within the appropriated 12 budgets that we -- we give them, so that is 13 going to be some curtailment to a certain degree 14 as to what they're going to be able to do. 15 SENATOR LEICHTER: Mr. President, 16 if Senator Hoblock would be good enough to 17 yield. 18 SENATOR HOBLOCK: Sure. 19 ACTING PRESIDENT KUHL: Senator 20 Hoblock, continue to yield? Senator yields. 21 SENATOR LEICHTER: Senator, I 22 appreciate your explanations. I'm just 23 concerned as I'm sure you are. I would not want 2963 1 to go to the public and say, Well, you know, 2 we're the Legislature and, therefore, we're 3 entitled to a special status and a very 4 favorable position and we're not really bound by 5 the same standards as other parts of government 6 are bound by, and somehow I have difficulty not 7 explaining this or justifying why we have a much 8 more lenient standard than the executive. 9 SENATOR HOBLOCK: Well, we are 10 going to have to adopt a resolution to authorize 11 this incentive for the Senate, as the Assembly 12 will have to do and at that particular point, 13 your suggestions and others can be incorporated 14 into that resolution because there will have to 15 be standards, whether they will be as for the 16 Executive Department or for local government, 17 something in between, or something different. 18 Will have to be decided by resolution. 19 SENATOR LEICHTER: Yes, Senator 20 Hoblock, if you would continue to yield, 21 please? 22 SENATOR HOBLOCK: Sure. 23 ACTING PRESIDENT KUHL: Senator 2964 1 continues to yield. 2 SENATOR LEICHTER: In regard to 3 the judiciary, is the judiciary covered by this 4 also? 5 SENATOR HOBLOCK: Yes, it is. 6 SENATOR LEICHTER: And does the 7 judiciary have to opt in, or is the judiciary 8 automatically made part of this early retirement 9 system? 10 SENATOR HOBLOCK: They have to 11 opt in. 12 SENATOR LEICHTER: And when they 13 opt in, do they have the same leeway as to the 14 savings that are to be achieved as the 15 Legislature has? 16 SENATOR HOBLOCK: Yes. I am 17 told. 18 SENATOR LEICHTER: It's the same, 19 they can do it either the way the executive, 20 they can do it the way local government does or 21 they can do it in some -- in some other 22 fashion. 23 SENATOR HOBLOCK: That's 2965 1 correct. 2 SENATOR LEICHTER: And that is - 3 and, Senator, is that their choice, they can do 4 that by however decisions are made for the 5 judicial branch, whether by the Judicial 6 Conference or some - 7 SENATOR HOBLOCK: Yes, that's - 8 that's true, but again they're going to have to 9 live within their budget, and that's the 10 agreement between the judiciary and both houses, 11 that's correct. 12 SENATOR LEICHTER: O.K. Thank you 13 very much, Senator Hoblock. 14 Mr. President, I have no problem 15 with early retirement, though I think that it 16 often means that we lose some of our best people 17 from government. We lose some of our best 18 people at SUNY and CUNY, so there's a cost to 19 it. There's a cost that can't always be 20 calculated just in terms of, Oh, I've saved so 21 many dollars. You may lose something in the 22 nature of the performance by government. You 23 may have a teacher in class who's not anywheres 2966 1 qualified as the person that they replace, but 2 my particular concern was that we not put the 3 Legislature on a pedestal, that we not say, 4 Well, the Legislature isn't subject to the laws 5 as anyone else. 6 I accept Senator Hoblock's 7 explanation, and I think he did as well with it 8 as could be done, but I have a sneaking 9 suspicion that by this bill the Legislature is 10 doing what it has done in other instances, says, 11 Hey, we're the Legislature. We have a special 12 status. 13 I do hope that's not the case, 14 but - 15 ACTING PRESIDENT KUHL: The Chair 16 recognizes Senator Stavisky. 17 SENATOR STAVISKY: Will Senator 18 Hoblock yield? 19 ACTING PRESIDENT KUHL: Senator 20 Hoblock, do you yield to Senator Stavisky? 21 Senator yields. 22 SENATOR STAVISKY: Will the 23 sponsor please indicate how this legislation 2967 1 affects SUNY and CUNY faculty and other 2 personnel? 3 SENATOR HOBLOCK: Well, my 4 understanding is that, first, SUNY would have to 5 opt in. The position need not be eliminated, 6 but there needs to be a demonstration of the 50 7 percent savings. 8 SENATOR STAVISKY: Senator 9 Hoblock, isn't it true that in the SUNY 10 trustees' report "Rethinking SUNY" on issues of 11 governance, it was the announced purpose of that 12 report that they would strengthen and improve 13 SUNY standards vis-a-vis excellence and that 14 that was the purpose of the "Rethinking SUNY" 15 report on governance? Wasn't that the stated 16 purpose? 17 SENATOR HOBLOCK: That's -- that 18 was their stated purpose. 19 SENATOR STAVISKY: Well, that was 20 what the report purported to offer, and it seems 21 to me that, when there is a -- an assumption in 22 this bill that the most experienced, most 23 qualified faculty at SUNY and CUNY may disappear 2968 1 under this early retirement, that the only 2 standard -- and this is not a standard of 3 excellence, this is a standard of dollars -- the 4 only standard that is provided is that the new 5 hirees will not be paid more than 50 percent of 6 what the former faculty members received in 7 serving SUNY and CUNY. Am I correct? 8 SENATOR HOBLOCK: Well, Senator 9 Stavisky, I think that the whole issue of early 10 retirement for the SUNY system, like local 11 governments, is at their choice. They don't 12 have to do it. It's not like we're eliminating 13 positions or forcing them into it. If they feel 14 that they need to maintain that excellence with 15 the people they have, they can keep going. It's 16 not like we're telling them they have to do 17 that. We're not eliminating those positions. 18 SENATOR STAVISKY: It seems to me 19 that this is a plan for early retirement which 20 is at variance with the avowed purpose of the 21 SUNY "Rethinking SUNY" report issued by the 22 trustees, that in fact we're saying it doesn't 23 matter if the new people are not as qualified, 2969 1 only if they are willing to work for no more 2 than half of what the previous employees' salary 3 was, and that doesn't necessarily guarantee 4 improvement to quality. It means an improvement 5 in the cash flow. 6 At the very same time that that 7 report suggests the reduction in state support 8 for higher education and that report also 9 suggests increasing the tuition charged to the 10 students, isn't the end result of all of this 11 that the students may be paying more money for 12 tuition for faculty services which would be of 13 lesser quality than they had before? I ask you 14 to reconcile these two avowed purposes. 15 SENATOR HOBLOCK: Well, Senator 16 Stavisky, I'm having a little difficulty coming 17 to that reconciliation because I'm not sure that 18 the area and the issues that you're raising 19 really have anything to do with this 20 legislation. 21 Again, we are not forcing 22 anything on SUNY. We are giving them that 23 option and if, in fact, they choose to do 2970 1 something internally, that is their choice. 2 Whether -- I don't see how this legislation is 3 in any way affecting through an involuntary way 4 the quality of services provided by SUNY. It's 5 just providing them a mechanism should they 6 choose to do so. 7 Now, if it's your opinion that we 8 should not even do that, that's your opinion. 9 SENATOR STAVISKY: I -- on the 10 bill. 11 What I am suggesting, Mr. 12 President and Senator Hoblock, is that on the 13 one hand we are promising more flexibility to 14 SUNY in order that the SUNY trustees' plan which 15 guarantees higher quality and higher standards 16 will be implemented, and yet at an expense of 17 higher tuition rates for the students attending 18 SUNY and CUNY, without any assurance that the 19 quality and experience of the new faculty 20 members that are hired will even begin to match 21 what they presently have. 22 So what they're getting is less 23 quality for higher tuition, and that's the sad 2971 1 conclusion that we have to arrive at in looking 2 at this piece of legislation against the back 3 drop of what the SUNY trustees have promised. 4 They promise that, if they are able to raise 5 tuition, that there will be higher standards. 6 There will be greater quality in the State 7 University system, but the higher quality may, 8 in fact, result in a faculty with lesser 9 qualifications while the students are forced to 10 pay more money, the third round of increases in 11 tuitions in recent years, and I think that that 12 is hardly in keeping with the lofty promises of 13 the SUNY trustees with regard to what their 14 "Rethinking SUNY" plan called for. 15 I think the students are going to 16 be socked and their parents obviously too. 17 They'll be socked with a higher tuition rate and 18 will necessarily not have the experienced 19 faculty members that are there now, let alone 20 any improvement in the faculty members. 21 This is not to say that new 22 faculty members may not have skills, may not 23 have ingenuity, may not have a desire to excel, 2972 1 but there is nothing with regard to faculty 2 standards in this legislation, only with regard 3 to saving money, and the saving money comes at 4 the same time that the students and their 5 families all over the state, by the way, will be 6 forced to pay more money on tuition for 7 enrolling in SUNY courses. 8 Now, that's a conflict that the 9 members of this Legislature will have to face if 10 the SUNY plan for governance is put into effect, 11 because your constituents, the students, their 12 parents, and others who are paying locally for 13 the costs of higher education may, in fact, find 14 that they're getting less while spending more 15 for tuition, and I would ask you to review the 16 impact that it has on your constituents, my 17 constituents, all of our constituents, in the 18 name of higher standards of quality. 19 Yes, they are saving money. No, 20 they are spending more money when it comes to 21 the students and their parents, and there is no 22 guarantee in this legislation, nothing I can see 23 which guarantees comparable experience or 2973 1 qualifications for the new people who are 2 hired. 3 Are they going to be the 4 equivalent of graduate assistants who will be 5 replacing senior tenured faculty members? I fear 6 that in many cases that will be the consequence 7 of this legislation. We know what we have. We 8 are not sure about what we will get, and you 9 have to consult your own constituents to see how 10 that washes with them, now that they're going to 11 have to be paying a bigger bill for tuition. 12 I may yet vote for this 13 legislation because of the fiscal crisis facing 14 the state, but it seems to be at variance with 15 the avowed premise and promises of the SUNY 16 trustees. 17 ACTING PRESIDENT KUHL: Senator 18 Bruno? Senator Bruno, on the bill. 19 SENATOR BRUNO: On the bill. 20 Mr. President, my colleagues, I 21 just wanted to make a comment on how important 22 this piece of legislation is to so many of the 23 employees that will be affected in a very 2974 1 positive way, and I want to commend the Governor 2 in his wisdom in preparing a budget and helping 3 with this piece of legislation in taking the 4 lead and the intent, of course, is that there 5 not be layoffs, that people are able to make 6 their own judgments, their own decisions in 7 leaving the work place, wherever that might be, 8 and the legislation allows local option in terms 9 of who will participate in that respect. 10 So while there may not be any 11 perfect vehicle, we should note for the record 12 that an alternative could have been layoffs that 13 would affect people very negatively, and that is 14 more widespread than the individuals that are 15 affected. 16 So again, I want to commend the 17 Governor. I want to commend Senator Hoblock, 18 who took the lead with the chair of the 19 committee, Senator Trunzo, to help orchestrate 20 and put together this piece of legislation that 21 will have such a positive effect on so many 22 people throughout this state, allowing them to 23 make judgments for their own health, for their 2975 1 own welfare, and going on with their lives. 2 So, Mr. President, I am pleased 3 and proud that this piece of legislation is 4 before us, and I certainly intend to vote in a 5 positive way, and I would encourage my 6 colleagues to do the same. 7 Thank you, Mr. President. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 15. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 56. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 The Chair recognizes Senator 19 Bruno. 20 SENATOR BRUNO: Mr. President, we 21 are waiting for one more piece of legislation 22 that relates to the debt service for the state, 23 and it's important that we pass it today if we 2976 1 can. I understand that there was a delay in 2 printing, but we are expecting it momentarily. 3 So I would ask that the Senate stand in recess 4 -- at ease -- I am sorry, we are not recessing 5 -- at ease for just a few minutes, and I 6 believe the legislation will be here and we can 7 take it up and then do whatever else is 8 important in our lives. 9 ACTING PRESIDENT KUHL: The 10 Senate will stand at ease. 11 (Whereupon at 12:48 p.m., the 12 Senate stood at ease.) 13 ...At 12:55 p.m... 14 ACTING PRESIDENT DiCARLO: 15 Senator Skelos, why do you rise? 16 SENATOR SKELOS: There will be an 17 immediate meeting of the Finance Committee in 18 the Majority Conference Room. 19 ACTING PRESIDENT DiCARLO: There 20 will be an immediate meeting of the Finance 21 Committee in the Majority Conference Room. 22 SENATOR SKELOS: And the Senate 23 will continue to stand at ease. 2977 1 ACTING PRESIDENT DiCARLO: And 2 the Senate will continue to stand at ease. 3 (Whereupon, at 12:36 p.m., the 4 Senate reconvened.) 5 ACTING PRESIDENT KUHL: Senate 6 will come to order. 7 The Chair recognizes Senator 8 Skelos. 9 SENATOR SKELOS: Mr. President, 10 if we could return to reports of standing 11 committees, I believe there is a report of the 12 Finance Committee at the desk. 13 ACTING PRESIDENT KUHL: There is, 14 Senator Skelos. 15 We will return to reports of 16 standing committees. 17 I will ask the Secretary to read. 18 THE SECRETARY: Senator Stafford, 19 from the Committee on Finance, offers up the 20 following bill: 21 Senate Print 5594A, Budget Bill, 22 an act making appropriations for legal 23 requirements to the state debt services. 2978 1 ACTING PRESIDENT KUHL: Senator 2 Skelos, without objection, the bill is ordered 3 directly to third reading. 4 SENATOR SKELOS: Will you please 5 take up Calendar 607, Senate 5594A, which was 6 just reported from the Finance Committee. 7 ACTING PRESIDENT KUHL: Secretary 8 will read. 9 THE SECRETARY: Calendar 607, 10 Budget Bill, Senate Print 5594A, an act making 11 appropriations for the legal requirements of the 12 state debt service. 13 ACTING PRESIDENT KUHL: Senator 14 Skelos. 15 SENATOR SKELOS: Mr. President, 16 is there a message of necessity at the desk? 17 ACTING PRESIDENT KUHL: There is. 18 SENATOR SKELOS: Move to accept 19 the message. 20 ACTING PRESIDENT KUHL: The 21 motion is to accept the message of necessity 22 which is at the desk. 23 All those in favor, signify by 2979 1 saying aye. 2 (Response of "Aye.") 3 Opposed, nay. 4 (There was no response.) 5 The message is accepted. 6 The Secretary will read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 Senator Dollinger to explain his 14 vote? 15 SENATOR DOLLINGER: Explain my 16 vote. 17 ACTING PRESIDENT KUHL: Senator 18 Dollinger, to explain his vote. 19 SENATOR DOLLINGER: Mr. 20 President, I asked in the Finance Committee 21 whether this included any new authorizations for 22 debt by the state of New York and was told that 23 it did not. This was simply fulfilling our debt 2980 1 obligations. I support it on that basis. I 2 just wanted to suggest to my colleagues that if 3 there is new back-door borrowing in the state in 4 any portion of it, it would be my intention to 5 vote against that new back-door borrowing. 6 So I'm voting in favor of this 7 item but simply reserving my options to a later 8 date. 9 ACTING PRESIDENT KUHL: Senator 10 Dollinger will be recorded in the affirmative. 11 Announce the results. 12 Senator Gold to explain his vote 13 after he picks up his Pepsi can. 14 SENATOR GOLD: You putt better 15 than I do. I can see that. 16 Mr. President, I am really very 17 delighted that we are passing this piece of 18 legislation. I know that there have been delays 19 in past years in the budgets and that this year 20 again we are not on time, and I don't want to 21 have a whole political discussion as to that. I 22 know Senator Bruno is quoted in the papers 23 today, giving his explanation, which I think is 2981 1 naive to say the least. 2 The point is that this is an 3 important bill, and I think the reason why our 4 conference was very adamant about passing it is 5 the following: 6 The state of New York always pays 7 its debts, yet there are people who sit in back 8 rooms with charts and computers and whatever and 9 they find 16 reasons to Sunday why we should 10 either not have the state's bond rating 11 increased, why we should not have the interest 12 levels dropped, or why they should be increased, 13 none of which makes any sense when you take a 14 look at the history of the state in paying its 15 debts. 16 So I think that what we're doing 17 today, even though the budget itself is delayed, 18 is eliminating any excuse that Wall Street may 19 have for suggesting that New York State is not 20 anything other than an excellent credit risk. 21 So it's with that in mind that I 22 vote for this bill. 23 ACTING PRESIDENT KUHL: Senator 2982 1 Gold will be recorded in the affirmative. 2 Announce the results. 3 THE SECRETARY: Ayes 55. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Senator Skelos. 7 SENATOR SKELOS: I believe there 8 are some substitutions at the desk. 9 ACTING PRESIDENT KUHL: There 10 are, Senator Skelos. I'll ask the Secretary to 11 read. 12 THE SECRETARY: On page 20, 13 Senator Kuhl moves to discharge from the 14 Committee on Agriculture, Assembly Bill Number 15 5430 -- or 9430, excuse me -- and substitute it 16 for the identical Senate Bill 6188. 17 On page 22, Senator Cook moves to 18 discharge from the Committee on Education 19 Assembly Bill 9041 and substitute it for the 20 identical Senate Bill 6272. 21 On page 5, Senator Farley moves 22 to discharge from the Committee on Banks 23 Assembly Bill 8466 and substitute it for the 2983 1 identical Senate Bill 4933. 2 SENATOR SKELOS: Move the 3 substitutions. 4 ACTING PRESIDENT KUHL: 5 Substitutions are ordered. 6 Chair recognizes Senator 7 Hoblock. 8 SENATOR HOBLOCK: Mr. President, 9 request the removal of the sponsor's star on 10 Calendar Number 207, Bill 5137A. 11 ACTING PRESIDENT KUHL: At the 12 request of Senator Hoblock, the star will be 13 removed on Calendar Number 207. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could return to motions and resolutions, 17 please recognize Senator DeFrancisco. 18 ACTING PRESIDENT KUHL: Return to 19 motions and resolutions. 20 Senator DeFrancisco. 21 SENATOR DeFRANCISCO: Mr. 22 President, a very important event is going to 23 start unfolding tomorrow at the Meadowlands, and 2984 1 I understand that we have -- I have started 2 preparing a resolution which basically is going 3 to be an upbeat resolution indicating their 4 success in the final four, and we're waiting 5 until after the final four to unveil that 6 resolution, and I will offer it after the 7 event. 8 However, I think it's also proper 9 to urge that the team do well, and it's my 10 understanding that there is a motion -- a 11 privileged resolution, I should say, at the desk 12 sponsored by Senator Hoffmann, and I would 13 request that that be -- that you would recognize 14 Senator Hoffmann with respect to that 15 resolution. 16 ACTING PRESIDENT KUHL: Senator 17 DeFrancisco, I was listening very intently being 18 an alumnus of Syracuse, and I didn't hear you 19 mention the name of the most prominent team in 20 the final four as being the Syracuse University 21 Orangemen. 22 The Chair would recognize, based 23 on that, Senator Hoffmann. 2985 1 SENATOR HOFFMANN: Mr. President, 2 perhaps it would be appropriate for the resolu 3 tion to be read into the record and offered for 4 cosponsorship to all members of the Senate, by 5 yours truly and Senator DeFrancisco, as a proud 6 alumnus of Syracuse University. 7 ACTING PRESIDENT KUHL: There is 8 a privileged resolution at the desk. I'll ask 9 the Secretary to read the title. 10 THE SECRETARY: By Senator 11 Hoffmann, Legislative Resolution, commending 12 Syracuse University's men's basketball team upon 13 the occasion of finishing in the NCAA's final 14 four. 15 SENATOR GOLD: In honor of my 16 sister, I would like to be on the resolution. 17 SENATOR SKELOS: Mr. President. 18 I was wondering if Senator Hoffmann would allow 19 all the members of the Senate to cosponsor this 20 wonderful resolution. 21 SENATOR HOFFMANN: Right. 22 Senator Skelos, I had indicated earlier that I 23 would like very much to see it cosponsored by 2986 1 all members and, since it is Syracuse University 2 and the city of Syracuse is jointly represented 3 by two Senators, I think Senator DeFrancisco and 4 I would be the appropriate cosponsors on this 5 resolution, and I hope that in the - 6 SENATOR SKELOS: I appreciate 7 that, and I know that Senator DeFrancisco on 8 Monday or Tuesday with his resolution will be 9 offering it up to sponsorship by all the members 10 of the Senate, and we appreciate that also, in 11 anticipation, Senator DeFrancisco. 12 SENATOR HOFFMANN: As we adjourn 13 today, I can think of no better way for us to 14 send our good wishes to the Orangemen, and I 15 look forward to a victorious Saturday and Monday 16 as do all other members of Syracuse University, 17 its alumni and this Legislature. 18 Thank you. 19 ACTING PRESIDENT KUHL: Senator 20 Skelos, should we put all the members of the 21 Legislature on the resolution? 22 SENATOR SKELOS: Absolutely. If 23 there's no objection, they should be. 2987 1 ACTING PRESIDENT KUHL: I don't 2 know if there are any other alumnus of those 3 other three schools here, but we'll put all 4 members on the resolution except for those who 5 don't want to be on the resolution. If those 6 people who don't want to be on the resolution 7 could indicate that to the Secretary, then we'll 8 remove their names from the resolution. 9 Senator DeFrancisco. 10 SENATOR DeFRANCISCO: I'd like to 11 speak on the resolution. 12 ACTING PRESIDENT KUHL: Senator 13 DeFrancisco on the resolution. 14 SENATOR DeFRANCISCO: As not only 15 an alumnus but a former ball player, although a 16 smaller team, baseball team, and also a season's 17 ticketholder who has gone to just about every 18 game in the last ten years, including the last 19 final four when we were disappointed with the 20 last-second shot by somebody from Indiana whose 21 name we will never put on this record, I am very 22 hopeful that this trip down to the final four at 23 the Meadowlands is going to be a successful 2988 1 one. Coach Boeheim has done a wonderful job 2 with a lot of people who have overachieved and 3 they've played with team spirit, just like this 4 body shows from time to time, overachievers and 5 also team spirit. 6 So I'm looking forward to being 7 there, and I'm looking forward to rooting the 8 Orangemen on, and I'm looking forward to 9 presenting a resolution after the tournament 10 which will congratulate the new national 11 champion, Syracuse Orangemen. 12 ACTING PRESIDENT KUHL: The 13 question is on the resolution. 14 Senator Dollinger, do you wish to 15 speak on the resolution? 16 SENATOR DOLLINGER: Mr. 17 President, I'd just like to join Senator 18 Hoffmann and Senator DeFrancisco. When the 19 Orangemen go to New Jersey, they will be riding 20 in part on the shoulders of Greece-Athena's 21 finest graduate, John Wallace, and I certainly 22 wish him well. 23 Senator DeFrancisco, when you 2989 1 bring the resolution forward congratulating the 2 Orangemen on their national championship, I hope 3 it will be because John Wallace will have been 4 the Most Valuable Player in the final four. 5 ACTING PRESIDENT KUHL: Question 6 is on the resolution. 7 All those in favor, signify by 8 saying aye. 9 (Response of "Aye.") 10 Opposed, nay. 11 (There was no response.) 12 The resolution is unanimously 13 adopted. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President. 16 Is there any other housekeeping at the desk? 17 ACTING PRESIDENT KUHL: There is 18 none, Senator Skelos. 19 SENATOR SKELOS: There being no 20 further business, I - 21 ACTING PRESIDENT KUHL: Oh, 22 excuse me. Senator Paterson, why do you rise? 23 SENATOR PATERSON: Mr. President, 2990 1 this is actually the deadline date by which 2 motions for discharge would be filed in the 3 chamber; however, with the gracious consent of 4 the Majority, we postponed them, and we will 5 have them on April, 16th day -- April 16th. 6 ACTING PRESIDENT KUHL: Senator 7 Skelos. 8 SENATOR SKELOS: It's my 9 understanding that unanimous consent will be 10 given to all the motions to be -- to discharge 11 be presented on April 16th, and we look forward 12 to that day. 13 Mr. President, there being no 14 further business, I move we adjourn until 15 Monday, April 1, 1996, at 3:00 p.m. sharp, 16 intervening days to be legislative days. 17 ACTING PRESIDENT KUHL: Without 18 objection, the Senate stands adjourned until 19 Monday, April 1, at 3:00 p.m., all days - 20 intervening days to be intervening days. 21 (Whereupon, at 12:47 p.m., the 22 Senate adjourned.) 23