Wednesday, July 3, 1996

9115 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 July 3, 1996 11 10:10 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 9116 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 to find their places. 5 Ask everyone to rise with me and join in saying 6 the Pledge of Allegiance to the Flag. 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 Senator Bruno. 14 SENATOR BRUNO: Mr. President, 15 can we at this time call for an immediate 16 meeting of the Rules Committee in Room 332. 17 ACTING PRESIDENT KUHL: There 18 will be an immediate meeting of the Rules 19 Committee in the Majority Conference Room, Room 20 332. Immediate meeting of the Rules Committee 21 in the Majority Conference Room, Room 332. 22 Reading of the Journal. 23 THE SECRETARY: In Senate, 9117 1 Tuesday, July 2nd. The Senate met pursuant to 2 adjournment, Senator Kuhl in the Chair upon 3 designation of the Temporary President. Prayer 4 by the Reverend Peter G. Young, Blessed 5 Sacrament Church, Bolton Landing. The Journal 6 of Monday, July 1st, was read and approved. On 7 motion, Senate adjourned. 8 ACTING PRESIDENT KUHL: Hearing 9 no objection, the Journal stands approved as 10 read. 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing committees. 15 Reports of select committees. 16 Communications and reports from 17 state officers. 18 Motions and resolutions. 19 Senator Bruno. 20 SENATOR BRUNO: Mr. President, I 21 believe that there is a resolution at the desk 22 by Senator Skelos. 23 ACTING PRESIDENT KUHL: There 9118 1 is. 2 SENATOR BRUNO: I would ask that 3 the title be read and we move its immediate 4 adoption. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the title of the privileged resolution 7 by Senator Skelos. 8 THE SECRETARY: By Senator 9 Skelos, Legislative Resolution honoring His 10 Eminence, Archbishop Iakovos for his 37 years of 11 distinguished service as Primate of the Greek 12 Orthodox Church of North and South America. 13 ACTING PRESIDENT KUHL: Question 14 is on the resolution. All those in favor 15 signify by saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response. ) 19 The resolution is adopted. 20 Senator Bruno, that brings us to 21 the calendar. 22 SENATOR BRUNO: Mr. President, 23 can we at this time take up the non-controver 9119 1 sial calendar. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the non-controversial calendar. 4 THE SECRETARY: Calendar Number 5 554, by Senator Kuhl, Senate Print 2404-B, an 6 act to amend the Public Officers Law, in 7 relation to defense and indemnification. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 35. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 785, by Senator Stafford, Senate Print 6590-A, 20 an act to amend the Tax Law, in relation to the 21 distribution of the additional mortgage 22 recording tax. 23 ACTING PRESIDENT KUHL: Secretary 9120 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 30th day. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 35. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1181, by Senator Nozzolio, Senate Print 6114-A, 12 an act to amend the Public Authorities Law and 13 the Real Property Tax Law, in relation to 14 authorizing the town of Sterling. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 35. 23 ACTING PRESIDENT KUHL: The bill 9121 1 is passed. 2 THE SECRETARY: Calendar Number 3 1575, by Senator Larkin, Senate Print 7503-A, an 4 act to amend the Highway Law, in relation to 5 designating a portion of the state highway 6 system as the 94th Infantry Division Memorial 7 Highway. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 36. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1654, by Senator Johnson, Senate Print 6304-A, 20 an act to amend the Public Health Law, in 21 relation to excluding certain bodies of salt 22 water. 23 ACTING PRESIDENT KUHL: Secretary 9122 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 36. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 Senator Bruno, that completes the 11 reading of the non-controversial and apparently 12 the controversial calendar. 13 Have a little order in the house 14 please, a little order in the house. 15 Senator Bruno. 16 SENATOR BRUNO: Mr. President, 17 can we return to reports of standing committees 18 and I believe that there is a recent report from 19 the Judiciary Committee, and I would ask it be 20 read at this time. 21 ACTING PRESIDENT KUHL: We'll 22 return to the order of reports of standing 23 committees. I'll ask the Secretary to read the 9123 1 report coming from the Judiciary Committee. All 2 of the members should have a list on their desks 3 now of the nominees who are going to be 4 considered with one exception, and that is one 5 person's name is not on that list and that would 6 be Judge Mega, but he will be the first person 7 taken up. So the Secretary will read. 8 THE SECRETARY: Senator Lack, 9 from the Committee on Judiciary, reports the 10 following nomination: Reappointment to the New 11 York State Court of Claims, Christopher John 12 Mega, of Brooklyn. 13 ACTING PRESIDENT KUHL: Senator 14 Lack. 15 SENATOR LACK: Thank you, Mr. 16 President. 17 Once again we have five very 18 worthwhile new appointments to the Court of 19 Claims from the Governor and one reappointment. 20 I would first like to thank the Minority for 21 waiving official notice of the reappointment. 22 It was a surprise on purpose this morning, and 23 I'm happy to say that our former colleague, now 9124 1 the Presiding Judge of the Court of Claims, 2 whose term had expired on June 2nd, was indeed 3 surprised and that the Governor has once again 4 nominated him to a term expiring on June 2nd in 5 the year 2005, and by that time we'll need some 6 corrective legislation, if I can remember ages 7 correctly, to make sure that he serves out that 8 term. 9 I'm very privileged to stand up 10 to move the nomination of Chris Mega. There are 11 three -- three dynosaurs in this chamber from 12 the class, the elected class of '78, myself, 13 Chris and Charlie Cook. We were talking about 14 that last night. Charlie and I are still in 15 political life. Chris -- Chris went to the 16 Court of Claims several years ago and 17 epitomizes, quite frankly, that court. Governor 18 Pataki, in his wisdom, made him the presiding 19 judge of the Court of Claims, and judges of that 20 court sitting in both the criminal bench and on 21 the civil court have, to me, only words of 22 praise for Judge Mega, for Chris Mega, as both a 23 judge, an administrator and presiding judge of 9125 1 that court. 2 It was absolutely no problem 3 today for anybody in the committee to waive any 4 kind of questions or statements they needed from 5 Judge Mega. Those of us who have known him for 6 the past 20-odd years, between his membership in 7 the Assembly, this body and on the court, know 8 he is of the highest character, a close, good 9 friend and colleague to us all and, if there was 10 ever a person who had the temperament to be 11 sitting on the bench running the bench that he 12 is, it is certainly Chris Mega. 13 I, Mr. President, can't think of 14 anybody who I'm happier to stand up to move than 15 my former colleague, former chair of the Senate 16 Judiciary Committee, and I'll yield to Senator 17 DiCarlo for purposes of a second. 18 ACTING PRESIDENT KUHL: The Chair 19 recognizes Senator DiCarlo. 20 SENATOR DiCARLO: Thank you very 21 much, Mr. President. 22 It is indeed an honor and a 23 privilege to second the nomination of Judge 9126 1 Mega. After all, the elevation of Senator Mega 2 to Judge Mega made it possible for me to be 3 elected to the Senate, and let me thank the 4 Governor publicly for taking Chris and removing 5 him as a possibility of a candidate to run 6 against me. There have been those who have said 7 they were going to bring Chris off the bench to 8 run for the Senate again, and sometimes he 9 jokingly said he was going to come back and run 10 against me, and the only one that I feared was 11 Chris Mega because one of the most loved elected 12 officials that we've ever had in my Bay Ridge/ 13 Bensonhurst community is Judge Chris Mega. 14 When he served for so many years 15 in the Assembly and the Senate, I wasn't 16 privileged enough to be here as a Senator when 17 we confirmed him the first time, so I missed out 18 on that. I was here as a citizen, but now I'm 19 here as a Senator and it's a privilege to second 20 his nomination. 21 I am lucky enough to have 22 probably two of the finest judges anywhere as 23 constituents of mine. Judge Mega and Dominick 9127 1 DiCarlo, my dad, are both constituents, and my 2 father, the chief judge of the U. S. Court of 3 International Trade, and Judge Mega as the 4 presiding judge of the New York State Court of 5 Claims. 6 Chris Mega has always made our 7 community proud. We were proud of him when he 8 was our Assemblyman. We were proud of him when 9 he was our Senator, and we are even more proud 10 of Chris as a judge. 11 So, on behalf of the people of my 12 district, the people of Brooklyn, I second his 13 nomination, and this is a proud day for the 14 people of Bensonhurst. 15 SENATOR GOLD: Mr. President. 16 ACTING PRESIDENT KUHL: Chair 17 recognizes Senator Cook. 18 SENATOR COOK: Mr. President, 19 thank you. 20 I -- in seconding the nomination 21 of my good friend Chris, I picked up on a couple 22 of words that Senator Lack had used when he said 23 he was a person of character, and I can attest 9128 1 that he indeed is a character, and that it's a 2 good character in every sense of the word. 3 When he said we'd been here 4 20-odd years, they certainly have been odd, and 5 this has been perhaps the most odd of all; but 6 three years ago when Senator Mega, then Senator 7 Mega, was confirmed, it seemed to me that I had 8 never heard in this chamber such an outpouring 9 of admiration and support as we heard that 10 evening from virtually everyone in the chamber, 11 and they -- those words were sincere for a 12 couple of reasons. 13 First was because of the Chris 14 that we knew as a colleague, of the 15 conscientious way in which he'd always done his 16 job, of the insights that he brought into this 17 chamber, of the way that he reflected not only 18 the needs of his constituents but also the best 19 interests of the entire state; and secondly, we 20 were proud of him because we knew that when he 21 got onto the bench he indeed would be an 22 exemplary judge because he would take with him 23 those same personal qualities that he had 9129 1 demonstrated so often here, and we have not been 2 disappointed. 3 When he was elevated then or 4 appointed as presiding judge, it was another 5 great milestone in his life and a milestone in 6 the life of the state because again we knew that 7 he would do an excellent job, and I don't 8 remember during my years in Albany a presiding 9 judge who has, in such a personal way, taken an 10 interest in those who are being appointed to the 11 court in terms of talking with them and helping 12 them through the process and after their 13 confirmation working with them. 14 Chris has really taken -- taken 15 his responsibilities as a presiding judge as 16 being a mentor for the new judges coming onto 17 the court, and that is a very, very important 18 task and one that I'm sure all of his present 19 and future colleagues will appreciate. 20 So it is with an immense personal 21 pride and satisfaction that I stand again to 22 second the nomination of Judge Mega, knowing 23 full well that the state of New York is going to 9130 1 be so well served for many more years into the 2 future until he reaches that golden retirement 3 day that Madelyn is so anxiously awaiting. 4 ACTING PRESIDENT KUHL: Senator 5 Gold, on the nomination. 6 SENATOR GOLD: Thank you, Mr. 7 President. 8 First of all, with all due 9 respect to the Majority, as long as I'm here I 10 will never understand Republicans. Senator 11 DiCarlo got up to speak on this and when you 12 started to talk about candidates against you, I 13 thought you were trying to convince some of us 14 to vote no on this to make him a candidate and 15 have him come back. 16 But at any rate, having seen the 17 background, Senator Mega has done everything 18 right. First of all, you know, while I've been 19 a Queens kid for 59-some-odd years of my life, I 20 did start in Brooklyn and starting in Brooklyn 21 is always a good way to head for success, and 22 the other thing that's in Senator Mega's 23 background which we all know is a major moving 9131 1 force to success is to start in the New York 2 State Assembly but get out and come to the 3 Senate and go from there, and he's done all 4 those things right. 5 Senator Cook said something which 6 I'm very impressed with because I had -- I've 7 noticed it, and I think everybody has noticed 8 it. You know, we talk about certain courts like 9 they'll say, Remember the Burger court or 10 whatever. Unquestionably, since Chris has left 11 us and gone to the judiciary, particularly 12 acting as the chief judge there and the 13 administrative judge of that court, he has 14 really been making it the Mega court, and a Mega 15 court is a smart court. A Mega court is a 16 gracious court, a polite court, a just court 17 and, most of all, a fair court. There's just no 18 way that the judges coming in and the judges who 19 are there could not be impressed from the 20 quality that's coming from the top. 21 We've said a lot of fine things 22 about Chris Mega when he first got on the bench 23 and what's most important to me is that Chris 9132 1 Mega has fulfilled his obligation to me and 2 everybody in this chamber because he has been 3 absolutely an outstanding judge and that sense 4 of humanity which we loved in him as a Senator 5 has carried through to his work as a judge. 6 So I want to congratulate the 7 Governor. I'm glad we did not leave this 8 session without reappointing Chris Mega. It 9 would have been a wrong thing to do. I'm 10 particularly delighted that his family, who are 11 very wonderful, gracious, lovely people as you 12 would expect a Mega to be, are here, and we all 13 should take a great sense of pride that Chris 14 has lived up to everything we thought when we 15 confirmed him, and God bless him in good health, 16 and I know you'll continue in that way. 17 ACTING PRESIDENT KUHL: Senator 18 Marchi, on the nomination. 19 SENATOR MARCHI: Mr. Chairman, 20 the -- I was delighted to have chaired the 21 Judiciary Committee at the time his name was 22 presented to this body and the air then as now 23 was redolent with great promise that he held. 9133 1 Now we're at the point where we 2 can measure performance against that promise and 3 the conclusion is one of acclamation. One good 4 turn deserves another, and one good term 5 deserves another, and it's certainly merited 6 richly in this case. 7 I've known him for all of the 8 entire 20 years that he's been here, and the 9 warmth that he has generated has preserved in 10 this body, I think, his testimony and validates 11 the judgment outside of this body that has found 12 his service not wanting but richly fulfilling 13 the promise that he held. 14 ACTING PRESIDENT KUHL: Senator 15 Farley, on the nomination. 16 SENATOR FARLEY: Thank you, Mr. 17 President. 18 I rise also to second the 19 nomination of Chris Mega. You know, they talk 20 about judicial temperament. They talk about how 21 important that is to be a judge and also to be 22 the chief judge. I think it's terribly 23 important. 9134 1 I don't think there's ever been 2 anyone that has been more beloved by his 3 colleagues and respected in this house than 4 Chris Mega, and it's carrying itself over to the 5 Court of Claims and, as Senator Gold said, I 6 think it's reflected in the entire body of the 7 people, the type of people we're confirming 8 today and that are serving on the Court of 9 Claims. 10 I'm pleased to support the 11 nomination -- renomination of Chris Mega, one of 12 the nicest guys that I've ever known and 13 certainly one of the finest Senators and a great 14 chairman of the Judiciary Committee when he was 15 here, and a great chief judge. 16 I wish you well, Chris. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson, on the nomination. 19 SENATOR PATERSON: Thank you, Mr. 20 President. 21 On behalf of the Minority Leader, 22 Senator Connor, we always found Senator Mega to 23 be extremely responsive to our Conference. 9135 1 Personally he was of particular assistance to me 2 when he was chair of the Judiciary here in the 3 Senate and was always one that would go that 4 extra yard or that extra little bit that would 5 make the greatest difference to working with a 6 colleague. 7 But I think that often a point is 8 made that kind of resonates with its importance, 9 and I think it was the one that Senator Cook 10 made just a few moments ago with respect to 11 Senator Mega's truncating the process and 12 educating and, in many ways, enlightening 13 members of the judiciary and prospective members 14 of the judiciary of what the process actually 15 is. 16 There is often a stigma that, 17 unfortunately, the legislative body suffers from 18 about the process and about the meaning of the 19 process and Senator Mega, I think, has done a 20 great deal to familiarize candidates for the 21 judiciary and nominees with what their 22 responsibilities are and what the New York State 23 Senate and Assembly expect and what is really 9136 1 the best service to the residents of New York 2 State. 3 For that reason, he has already, 4 in just a couple of years and particularly in 5 his administrative role, moved to the same level 6 in the judiciary as he did right here in this 7 chamber standing right in the forefront and a 8 beacon of light from which others may learn and 9 may experience, and so with that we wish him the 10 best and hope that we continue to confirm him as 11 he moves up and serves the state in greater 12 capacities. 13 ACTING PRESIDENT KUHL: Senator 14 Abate, on the nomination. 15 SENATOR ABATE: Yes. I too rise 16 to publicly acknowledge the great work of 17 Senator Mega. Senator Mega, on a number of 18 occasions, has come to my rescue, and I never 19 thought I'd have the opportunity to publicly 20 thank him. 21 When he was the Chair of the 22 Committee on Crime Victims, Crime and 23 Correction, I came before that committee to seek 9137 1 confirmation as the Chair of the state Crime 2 Victims Board. Probably it was one of the few 3 hearings ever held on a nominee. 4 The hearing was impeccably fair. 5 He was decent. He wanted to hear all the 6 testimony, and the long and the short of it, I 7 was confirmed; but in large measure I was 8 confirmed because of Senator Mega's fairness, 9 his willingness to hear the facts. 10 I will be forever indebted to you 11 for the caliber of work that you have done in 12 the Senate, as was exemplified in that hearing. 13 You have a reputation not just within this 14 Senate but outside the Senate for enormous 15 intelligence and decency and caring for people. 16 It's a pleasure to have worked with you on the 17 outside. I would like to continue in that 18 capacity, and it's a great honor to be able to 19 applaud your good works again in the state 20 Senate. 21 ACTING PRESIDENT KUHL: Senator 22 Dollinger, on the nomination. 23 SENATOR DOLLINGER: Mr. 9138 1 President, it's a pleasure to rise today in the 2 bright sunlight of the early morning to talk 3 about Chris Mega. As I recall, and I look over 4 at the Senate Judiciary chairman because I 5 wasn't at the committee meeting this morning, 6 but as I recall, the last time we discussed 7 Christopher Mega in this chamber, it was either 8 the early morning or the late afternoon of the 9 last day of the session. My hope would be that 10 this is the last day of session as well, 11 although I understand that that hope may be 12 unfounded. 13 The good thing about Chris Mega 14 is whether we approve him in the dark of night 15 or in the light of day this July, as the state's 16 judiciary continues to shine, and I think the 17 bright sunshine here just brings a greater 18 sparkle to this man and his contributions. 19 I'll conclude with one little 20 comment. I could talk for a long time. In his 21 capacity as the Senate Judiciary chairman, he 22 was very good to me, but I'll simply pay you, 23 Judge, what I think is the best compliment that 9139 1 a lawyer can pay to another lawyer, that some 2 day I would like the opportunity to try a case 3 in front of you because I'd trust your 4 compassion, I'd trust your fairness, I'd trust 5 your understanding and judgment about legal 6 issues, and I also know that if for some reason 7 there is, as occasionally happens in the law, a 8 crack in the law, an interstice that needs to be 9 filled with good legal common sense and 10 judgment, that you're just the kind of man who I 11 would trust my clients and my own career as a 12 lawyer in filling that crack with the proper 13 common sense and legal insight. 14 Christopher Mega is the complete 15 package as a Court of Claims judge, and I'm 16 proud to be supporting his nomination. 17 ACTING PRESIDENT KUHL: Senator 18 Waldon, on the nomination. 19 SENATOR WALDON: Thank you very 20 much, Mr. President, my colleagues. 21 I am very proud to rise to second 22 the nomination of Christopher Mega. Very seldom 23 in life do you meet someone who can be so 9140 1 personable and so outgoing in a very understated 2 way and that same person proves to be so 3 efficient in an administrative capacity. Often 4 times those of us in politics who are considered 5 to be hail fellows well met, we do a lot of 6 slapping of backs, laughing and telling of jokes 7 and talking about each other a little bit, but 8 not all of us have real substance, and I believe 9 that Chris Mega is one of those people truly who 10 has substance. 11 You hear about superstars being 12 "megastars", hear about people having "mega 13 bucks". We're very fortunate indeed to have as 14 the chief judge of the Court of Claims a "mega 15 judge" in Chris Mega. 16 I very warmly second his 17 nomination. 18 ACTING PRESIDENT KUHL: Senator 19 Maltese, on the nomination. 20 SENATOR MALTESE: Mr. President, 21 like so many of my colleagues, I was thinking 22 that all of us could say the same thing about 23 Chris Mega, but I could not let the opportunity 9141 1 go by to, one, congratulate the Governor on 2 making this type of an appointment of a person 3 who is so near and dear to our hearts. 4 I think if there's a word that 5 exemplifies and categorizes Chris Mega, it's 6 "heart," a person of great integrity and a 7 caring, concerned person, just the type of 8 person that should be in the judiciary in this 9 state, should be in government in this state, 10 and I'm proud to second his nomination. 11 ACTING PRESIDENT KUHL: Senator 12 Saland, on the nomination. 13 SENATOR SALAND: Thank you, Mr. 14 President. 15 Much like Senator Maltese, 16 there's certainly enough adjectives and 17 superlatives to describe Chris Mega. We've 18 heard them certainly all today. 19 Some people are blessed with a 20 gift of intellect, some are blessed with the 21 ability to be fair and discerning. Some are 22 blessed with a host of qualities, and in Chris 23 Mega I think what we have is a combination of 9142 1 all of these virtues in one person. 2 I'm reminded, and I just shared 3 with Senator Maltese that some 16 years ago 4 Chris and I and Dominick DiCarlo and Charlie 5 Cook were breakfast buddies and Dominick and 6 Chris have now acceded to a higher, higher 7 level. 8 For those of us who have 9 practiced law, and I was trying to figure out if 10 Charlie would be leaving, and I said to Senator 11 Maltese, Well, perhaps Charlie could be a town 12 justice, and he said to me, No, perhaps he could 13 go to the U. S. Supreme Court. 14 I'm planning on staying for a 15 while, Chris, but I wish you nothing but the 16 best. Madelyn, congratulations. Savor the 17 moment; you enjoy it. May you have many more. 18 ACTING PRESIDENT KUHL: Senator 19 Lachman, on the nomination. 20 SENATOR LACHMAN: Mr. President, 21 though my 20 weeks in the state Legislature have 22 sometimes seemed like 20 years, they have only 23 been 20 weeks, so I've never had the pleasure of 9143 1 serving with then Senator Mega and currently 2 Judge Mega. However, my district intersects 3 with the district that Senator DiCarlo now 4 represents and Senator Mega used to represent, 5 and I can tell everyone in the chamber that he 6 is a beloved figure in the community, a 7 non-partisanly beloved figure, Democrats and 8 Republicans and Christians and Jews and old 9 immigrants and new immigrants, and I think one 10 of the great strengths of this outstanding judge 11 is the fact that he nurtures his roots in terms 12 of his community. He has never left his 13 community and wherever he will go from his 14 current position, his community will always be 15 behind him. 16 So it is a great pleasure indeed 17 to second the nomination and to congratulate 18 Judge Mega. 19 ACTING PRESIDENT KUHL: Senator 20 Bruno, to close on the nomination. Excuse me, 21 before that, Senator Levy. 22 SENATOR LEVY: Yes. Thank you 23 very much, Mr. President. 9144 1 It's really such a pleasure to 2 get up and join with my colleagues in seconding 3 the nomination of Senator Mega as we -- we never 4 forget serving with him and the friendships that 5 we have with him, and I listened very, very 6 carefully to what Senator Saland said, and he 7 talked about adjectives, but I'd have to 8 respectfully correct him because there are not 9 enough adjectives to -- to describe the 10 qualities of Chris Mega. 11 It was an old day school 12 expression that nice guys finish last. Well, he 13 certainly belies that. Nice guys finish first 14 and he just did the most wonderful job as a 15 chief judge of the Court of Claims and he did it 16 in a nice way. I congratulate the Governor on 17 this extraordinary appointment, and we look 18 forward to seeing him and working with him. 19 ACTING PRESIDENT KUHL: Senator 20 Hoffmann, on the nomination. 21 SENATOR HOFFMANN: Having had the 22 pleasure of serving with Senator Mega for a 23 number of years, including on the Crime and 9145 1 Corrections Committee which he chaired, I too 2 join my colleagues in complimenting the Governor 3 on an excellent choice. This is a new 4 definition to the term "judicial temperament", 5 Senator Mega. Your leadership, your wit, your 6 candor and your chief commitment to justice will 7 bode well for the taxpayers of the state. 8 So, Mr. President, I too am very 9 pleased to rise to second the nomination. 10 ACTING PRESIDENT KUHL: Any other 11 Senator wishing to speak on the nomination 12 before Senator Bruno closes? Hearing none, 13 Senator Bruno to close on the nomination. 14 SENATOR BRUNO: Thank you, Mr. 15 President. 16 It's a real pleasure to see our 17 good friend, Judge Mega, here with his wife 18 Madelyn who keeps making him look so good; his 19 daughter Valerie who had the good judgment to 20 marry a man named Joe, and his beautiful grand 21 children Christopher and Victoria. We welcome 22 -- she applauds herself with good judgment, and 23 it's merited. 9146 1 Everyone in the chamber would 2 like to say something about Chris Mega and they 3 would all say things similar to what we've 4 already heard. He is a good guy. He is a 5 friend. He is diligent. He always thinks on 6 behalf of a constituency. He just does things 7 right, and whether you're on the same side or 8 the opposite side when he was in the Legislature 9 you always knew that whatever was happening was 10 going to happen in a fair way and for me in my 11 personal life as we got to know each other, I 12 want to just say that it has been a real 13 pleasure and a great experience and I'm proud to 14 be standing here speaking on your behalf as you 15 go forward to serve the people of this state in 16 a high capacity for another ten years. Those of 17 us that run every two years can only wishfully 18 think about how good that feels. 19 But this is well deserved, not 20 just for Judge Mega but for all the people of 21 this state who benefit by his public service. 22 I also want to commend the other 23 judges to be confirmed here for your good work. 9147 1 I have a meeting that I have to leave the 2 chamber to attend, with the Governor and the 3 Speaker and some other people trying to move the 4 process forward so we can do a budget so that 5 amongst other things we can all get paid -- and 6 that will be recorded, I'm sure -- but I didn't 7 want to leave before standing to say 8 congratulations, very best wishes, and we thank 9 you for the good work that you've done in the 10 Legislature, and you will continue to do from 11 the bench. 12 Thank you, Mr. President. 13 ACTING PRESIDENT KUHL: The 14 question is on the nomination and reappointment 15 of Christopher John Mega of Brooklyn, New York, 16 to the New York State Court of Claims. All 17 those in favor signify by saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response. ) 21 The nominee is unanimously 22 confirmed. 23 We're very pleased to be joined 9148 1 by Judge Mega and his family on the floor of the 2 chamber here today. Judge, congratulations and 3 good luck! 4 (Applause) 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Senator Lack, 8 from the Committee on Judiciary, reports the 9 following nomination: 10 Judge of the New York State Court 11 of Claims, Matthew J. D'Emic, of Brooklyn. 12 ACTING PRESIDENT KUHL: Senator 13 Lack, on the nomination. 14 SENATOR LACK: Thank you, Mr. 15 President. 16 I'm pleased to stand in the 17 chamber and move the nomination of Matthew J. 18 D'Emic as a judge of the Court of Claims. His 19 credentials have been examined by the committee 20 and have been found to be excellent. 21 He appeared before the committee 22 this morning, who unanimously moved him for 23 confirmation to the floor of the Senate, and I 9149 1 would yield for purposes of a second to Senator 2 DiCarlo. 3 ACTING PRESIDENT KUHL: Senator 4 DiCarlo, on the nomination. 5 SENATOR DiCARLO: Thank you, Mr. 6 President. 7 It's a pleasure to rise again to 8 second a nomination for a judicial appointment, 9 and let me say that the Governor has made an 10 excellent choice in Matthew D'Emic. Matt D'Emic 11 is a constituent of mine. Matt D'Emic is a 12 graduate of Bavarian High School where I also 13 graduated. Matt D'Emic is a person who is well 14 known in my community. His family is well known 15 in my community, and he and his family have the 16 respect of my community. 17 Let me briefly present some of 18 his credentials to you. He is presently, or was 19 law secretary to Kings County Supreme Court, law 20 secretary to the administrative judge, Second 21 Judicial Department; a private practitioner, and 22 let me read something and a list of a few things 23 that I think say a lot about our nominee, and 9150 1 that's community involvement, and that's giving 2 of his time for the benefit of not only my 3 community but the city of New York and the state 4 of New York and the United States of America. 5 He's on the board of directors of 6 the Cathedral Club of Brooklyn; the board of 7 directors of the Guild for Exceptional Children; 8 board of advisers to Mother Vincent Care 9 Residence; board of advisers to the Salvation 10 Army, vice-president, St. Anselm Youth 11 Activities Council, charter member of the Ramon 12 Institute, member of the Parent Education and 13 Custody Effectiveness Program; vice-president of 14 the Catholic Lawyers Guild, a charter chair of 15 the Bavarian High School Alumni Bar Association; 16 on the board of directors of the Bay Ridge 17 Lawyers Association; charter committee member of 18 the Voice of Bay Ridge Businesses; the board of 19 trustees of Bavarian High School; a member of 20 Community Board 10; committee member of the 21 Ragamuffin Parade, a committee member of Our 22 Lady of Angels Centenary Reunion; on the finance 23 committee of St. Andrew the Apostle Church, and 9151 1 he's an arbitrator for the American Arbitration 2 Association. 3 He has received numerous awards 4 and commendations for his endless giving to our 5 community, our city and our state, and I think 6 that says a lot about a person who we are 7 confirming to become a judge. Not only is this 8 individual highly qualified in the legal sense, 9 but he is also qualified in the personal sense. 10 He is a person who gives of his 11 time, cares about his fellow men and women, 12 cares about his community and he is the type of 13 individual that we should all be proud in 14 sending to the bench, and I'd like to 15 congratulate the Governor on an excellent 16 choice. 17 I second his nomination. 18 ACTING PRESIDENT KUHL: Is there 19 any other Senator wishing to speak on the 20 nomination? Hearing none, the question is on 21 the nomination of Matthew J. D'Emic, of 22 Brooklyn, to the New York State Court of 23 Claims. All those in favor of the nomination 9152 1 signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response. ) 5 The nominee is unanimously 6 confirmed. 7 We're very very pleased to be 8 joined by Judge D'Emic, who is in the gallery to 9 your left, and his wife Rosemary, children Drew, 10 Matt and Katie, and his brother Patrick. Judge 11 D'Emic, congratulations and good luck! 12 (Applause) 13 Secretary will continue to read. 14 THE SECRETARY: Senator Lack, 15 from the Committee on Judiciary, reports the 16 following nomination: Judge to the New York 17 State Court of Claims, Alan L. Honorof, of 18 Plandone Manor. 19 ACTING PRESIDENT KUHL: Senator 20 Lack, on the nomination. 21 SENATOR LACK: Thank you, Mr. 22 President. 23 Once again I rise to move the 9153 1 nomination of Alan L. Honorof, of Plandone 2 Manor, for a seat on the New York State Court of 3 Claims. Mr. Honorof has been examined by staff 4 of the committee. His nomination has been moved 5 to the committee this morning. It was 6 unanimously endorsed by the committee and sent 7 to the floor of the Senate and I would -- I am 8 pleased to yield for purposes of a second to 9 Senator Tully. 10 ACTING PRESIDENT KUHL: Senator 11 Tully, on the nomination. 12 SENATOR TULLY: Thank you, Mr. 13 President. 14 I'd first like to congratulate 15 Governor Pataki in nominating Alan L. Honorof to 16 become a judge of the New York State Court of 17 Claims. He's a constituent of mine, a friend 18 for many, many years. 19 He's a very active person in his 20 community. He's been very active in his bar 21 association. He's a member of the New York, 22 Pennsylvania and Florida bars. He's been an 23 assistant district attorney and besides the 9154 1 general practice of law, he's been town and 2 village counsel for many of the fine villages in 3 Nassau County, as well as the attorney for the 4 city of Glen Cove. 5 He is eminently qualified, both 6 academically and legally, and has what we think 7 is very important for someone serving in the 8 judiciary; that's judicial temperament. 9 I'd also just like to say hello, 10 Mr. President, to his daughter Lindsay and 11 congratulate her on her graduation from 12 kindergarten, and I wish her good luck as she 13 learns to ride her two-wheeled bike over the 14 summer, and I'd also like to say hello to Alan 15 Honorof's son Marshall, who will be going on to 16 the fourth grade and be an expert on the subject 17 of amphibians. 18 I'm pleased to second the 19 nomination of Alan Honorof, and good luck on the 20 bench and best wishes to your family and your 21 mother and father, I know, are here with you as 22 well. 23 ACTING PRESIDENT KUHL: Senator 9155 1 Levy, on the nomination. 2 SENATOR LEVY: Yes. Thank you 3 very much, Mr. President. 4 Likewise a privilege to join with 5 Senator Tully in recommending Alan Honorof who's 6 been a friend for many, many years, and being a 7 friend we certainly know what a quality attorney 8 he is. He's been a political colleague for 9 many, many years that we've worked together with 10 him. His dad was a highly respected and 11 successful village judge. The great performance 12 in the tradition and the legacy of the Honorof 13 family has been judicial service. 14 He's going to make a fine judge 15 of the Court of Claims, and I likewise 16 congratulate the Governor on this outstanding 17 appointment. All the best! 18 ACTING PRESIDENT KUHL: Senator 19 Marcellino, on the nomination. 20 SENATOR MARCELLINO: Yes, Mr. 21 President. 22 I also rise to second the 23 nomination of Alan Honorof. Alan has been a 9156 1 good friend for many years. He's a capable 2 person and will show the proper judicial 3 temperament and will be a credit to the Court of 4 Claims, and I congratulate the Governor, like 5 Senator Tully and Senator Levy, on this very 6 fine appointment. 7 ACTING PRESIDENT KUHL: Senator 8 Skelos, on the nomination. 9 SENATOR SKELOS: Mr. President, I 10 too join with my colleagues from Nassau in 11 congratulating the Governor on this fine 12 appointment. I've had the pleasure of knowing 13 Alan for a number of years both professionally 14 and also politically. He's going to be an 15 absolutely great Court of Claims judge. 16 Congratulations to you! 17 ACTING PRESIDENT KUHL: Is there 18 any other Senator wishing to speak on the 19 nomination? Hearing none, the question is on 20 the nomination of Alan L. Honorof, of Plandone 21 Manor, to become a judge of the New York State 22 Court of Claims. All those in favor of the 23 nomination signify by saying aye. 9157 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response. ) 4 The nominee is unanimously 5 confirmed. 6 We're very pleased to have Judge 7 Honorof, his wife Debbi, their children Marshall 8 and Lindsay and his parents Gladys and Daniel 9 Honorof with us in the chamber today in the 10 gallery to your left. 11 So, Judge, congratulations and 12 good luck. 13 (Applause) 14 Secretary will continue to read. 15 THE SECRETARY: Senator Lack, 16 from the Committee on Judiciary, reports the 17 following nomination: 18 Judge to the New York State Court 19 of Claims, Joseph J. Maltese, of Staten Island. 20 ACTING PRESIDENT KUHL: Senator 21 Lack. 22 SENATOR LACK: Thank you, Mr. 23 President. 9158 1 It's my honor to rise once again 2 to move the nomination of Judge Joseph J. 3 Maltese to become a judge of the New York State 4 Court of Claims. He has appeared before the 5 committee, was unanimously endorsed to be moved 6 to the floor this morning, and I would 7 respectfully yield to Senator Marchi for 8 purposes of a second. 9 ACTING PRESIDENT KUHL: Chair 10 recognizes Senator Marchi, on the nomination. 11 SENATOR MARCHI: We have a very 12 fine nomination, for which the Governor again 13 should be complimented in submitting the 14 nomination of Joseph Maltese. 15 He has been serving since 1992 on 16 the civil court. He was elected to the civil 17 court. Before that he had extensive experience, 18 a graduate of Wagner College, with graduate work 19 at New York university. He also takes time to 20 preside over justice in the military court. I 21 had a little experience myself of that nature, 22 Judge, and he does that with distinction. He's 23 done it as a prosecutor, as a judge, a rich 9159 1 experience in that court as well. 2 He has been serving with 3 distinction and shows certainly great promise on 4 the burdens that he will be assuming. He is 5 here with his wife Joreen, and his daughters - 6 well, his daughters are here. His children are 7 here, Julie, I believe, yeah, Julie, Jacqueline 8 and Julie. They have deserve to be mentioned 9 because they're a fine family, and I'm very 10 happy to second that nomination. 11 ACTING PRESIDENT KUHL: Senator 12 DiCarlo, on the nomination. 13 SENATOR DiCARLO: Thank you, Mr. 14 President. 15 It is a busy morning for me and 16 I'm very happy that it's busy because we've got 17 some outstanding candidates and outstanding 18 judges before us. 19 Judge Maltese, a resident of 20 Staten Island, Richmond County, which I also 21 represent, is a fine, fine judge and we're proud 22 of his nomination here today. 23 I remember campaigning with Judge 9160 1 Maltese a number of years ago in the Brooklyn 2 section of my district and he was an outstanding 3 campaigner, and he's an outstanding judge, but 4 if the truth be told, he is a dynamic 5 individual, but the most dynamic individual in 6 his family is his lovely wife Joreen, and we 7 welcome her, and congratulations to you, Joreen, 8 and to you, Judge. 9 ACTING PRESIDENT KUHL: Is there 10 any other Senator wishing to speak on the 11 nomination? Hearing none, the question is on 12 the nomination of Joseph J. Maltese, of Staten 13 Island, to the judgeship of the New York State 14 Court of Claims. All those in favor of the 15 nomination, signify by saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response. ) 19 The nominee is unanimously 20 confirmed. 21 We're very very pleased to have 22 Judge Maltese with us, his wife Joreen, their 23 children, Jacqueline, Julie and Megan, and also 9161 1 he's brought along his law clerk Matthew. 2 So, Judge, congratulations and 3 good luck. 4 (Applause) 5 Secretary will continue to read. 6 THE SECRETARY: Senator Lack, 7 from the Committee on Judiciary, reports the 8 following nomination: 9 Judge to the New York State Court 10 of Claims, Victor M. Ort, of Oyster Bay. 11 ACTING PRESIDENT KUHL: Senator 12 Lack. 13 SENATOR LACK: Thank you, Mr. 14 President. 15 I rise to move the nomination of 16 Victor M. Ort, of Oyster Bay, to be a judge of 17 the New York State Court of Claims. The staff 18 of the Judiciary Committee has examined his 19 credentials, has found them to be eminently 20 satisfactory. He appeared before the committee 21 this morning, was unanimously endorsed and was 22 moved to the floor of the Senate for 23 confirmation, and it is my pleasure to yield at 9162 1 this time for purposes of confirmation to 2 Senator Marcellino. 3 ACTING PRESIDENT KUHL: Senator 4 Marcellino, on the nomination. 5 SENATOR MARCELLINO: Mr. 6 President, I rise with pleasure to nominate Vic 7 Ort, a friend and neighbor for many years from 8 the lovely town of Oyster Bay on the North Shore 9 of Long Island in Nassau County, vacation home 10 to many, resort community to all. We invite all 11 tourists to come in. We'll let you tour Vic's 12 home. I'm sure his wife Judy is home now or 13 going home immediately to prepare the house. 14 Vic will be a fine addition to 15 the Court of Claims. He's got all the 16 professional credentials that you could want and 17 expect of a jurist of this quality and his high 18 stature. He's got his service to the community. 19 He's a Kiwanian. I forgive him for that as a 20 Rotarian. We'll nominate him anyway. 21 He's well qualified, will do an 22 excellent job. He's a superb individual, and I 23 also want to congratulate the Governor again on 9163 1 this very, very fine appointment to the Court of 2 Claims. 3 Congratulations! 4 ACTING PRESIDENT KUHL: Senator 5 Tully, on the nomination. 6 SENATOR TULLY: Thank you, Mr. 7 President. 8 Once again, I want to 9 congratulate Governor Pataki on the nomination 10 of Victor Ort. He is probably the most happy 11 person I have every met. He always seems to 12 have a happy smile and seems to love what he's 13 been doing. He's been a village attorney, an 14 acting police justice, and an assistant to 15 perhaps the best jurist ever to serve on this or 16 any other bench for that matter, the Honorable 17 James Niehoff of the Appellate Division. 18 In the case of Mr. Ort, I believe 19 he will continue to love the law. I believe he 20 will serve us well, and I congratulate the 21 Governor again and am pleased to second his 22 nomination. 23 ACTING PRESIDENT KUHL: Senator 9164 1 Levy, on the nomination. 2 SENATOR LEVY: Yeah. Thank you 3 very much, Mr. President. 4 It's likewise a pleasure to rise 5 to second this nomination. We really have an 6 outstanding bench in Nassau County, and Vic Ort 7 will be a quality addition to an extraordinary 8 bench. He was an outstanding attorney. He's 9 had a brilliant career in the judiciary as a 10 judicial public servant. 11 I also want to congratulate the 12 Governor for a very fine appointment and great 13 addition to the Court of Claims. 14 Thank you very much, Mr. 15 President. 16 ACTING PRESIDENT KUHL: Senator 17 Skelos, on the nomination. 18 SENATOR SKELOS: Mr. President, 19 again I want to join my colleagues from Nassau 20 in congratulating the Governor on this fine 21 appointment. When I was in law school at night 22 I served as a personal officer to Judge Hogan, 23 who was the presiding judge of the appellate 9165 1 term at that time, and one of the individuals 2 that I had the pleasure of working with was Vic 3 Ort. Learned an awful lot about the law from 4 both Judge Hogan and Vic, and this is just a 5 marvelous, marvelous appointment and 6 congratulations to you. 7 ACTING PRESIDENT KUHL: Is there 8 any other Senator wishing to speak on the 9 nomination? 10 Hearing none, the question is on 11 the nomination of Victor M. Ort, of Oyster Bay, 12 to become a justice of the New York State Court 13 of Claims. All those in favor of the nomination 14 signify by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The nominee is unanimously 19 confirmed. 20 We're very, very pleased to have 21 Judge Ort and his wife Judy with us in the 22 chamber to your left in the gallery. Judge Ort, 23 congratulations and good luck. 9166 1 (Applause) 2 Secretary will continue to read. 3 THE SECRETARY: Senator Lack, 4 from the Committee on Judiciary, reports the 5 following domination: 6 Judge to the New York State Court 7 of Claims, Stephen J. Rooney, of Staten Island. 8 ACTING PRESIDENT KUHL: Senator 9 Lack, on the nomination. 10 SENATOR LACK: Mr. President, I 11 rise once again to nominate Judge Stephen J. 12 Rooney as a judge of the New York State Court of 13 Claims. His credentials have been examined by 14 the committee. He's here before the committee 15 this morning. He was unanimously endorsed and 16 his nomination moved to the floor, and it's a 17 very, very great pleasure since Senator Marchi 18 has been asking me about this nomination for a 19 long time, to yield the floor at this time for 20 purposes of a second to Senator John Marchi. 21 ACTING PRESIDENT KUHL: Senator 22 Marchi, on the nomination. 23 SENATOR MARCHI: Mr. President, 9167 1 again I'd like to restate my admiration for the 2 Governor personified in the nominations that 3 have been submitted to us and also to echo to 4 some extent what Senator Levy said, the pride 5 that he takes in the quality of the bench in 6 this county, and we enjoy that same feeling, Mr. 7 President, in the county of Richmond. 8 The two nominees that we've had 9 are people who have served as judges, have not 10 been found wanting. In the case of Stephen 11 Rooney, he has a -- a tremendous, tremendous 12 background, serving him very well, given the 13 nature and quality of the service that he has 14 rendered. 15 A very cultured, scholarly 16 individual, he has served in both the district 17 attorney's office in Manhattan and in Richmond 18 County, has been Chief of the Major Offense 19 Bureau, has tried to verdict over 50 cases 20 during his period as a -- in his service with 21 both Bob Morgenthau and the district attorney of 22 Richmond County and since 1989 he was appointed 23 to the Criminal Court, serving with distinction 9168 1 there, and in recent years has been designated 2 to serve on the Supreme Court of the state of 3 New York. 4 So that there is a wealth of 5 experience. It bears well to -- to reflect, I 6 think, as we have -- as this is the last 7 nomination, I take it, that's being presented to 8 us today -- of the importance that a quality 9 bench means, a coordinated branch of government, 10 and it's so important since they share in many 11 ways a creative, and exercise a creative impact 12 even on the question of law making in its own 13 way without certainly not impinging on the 14 prerogatives of the legislative body. 15 He has a fine family, and again I 16 am certainly delighted with this nomination and 17 if the past is prologue, by virtue of his 18 service on the bench and his gifted service as a 19 prosecutor, I believe that he will give an 20 excellent account of himself on the bench. 21 ACTING PRESIDENT KUHL: Senator 22 DiCarlo, on the nomination. 23 SENATOR DiCARLO: I thank you, 9169 1 Mr. President. 2 For the fourth and final time, I 3 rise to second a nomination of a Staten 4 Islander. Senator Marchi gave his credentials, 5 so I won't do that. Just to say that he is a 6 qualified person, a respected judge, and will do 7 us proud on Staten Island and the state of New 8 York, and to say one thing about his wife, I've 9 worked with her. She is a dynamic lady like 10 Judge Maltese's wife, and Kate Rooney, we're 11 proud of you also, and what you do for Staten 12 Island; and congratulations, Judge. 13 ACTING PRESIDENT KUHL: Is there 14 any other Senator wishing to speak on the 15 nomination? Hearing none, the question is on 16 the nomination of Stephen J. Rooney, of Staten 17 Island, to become a justice on the New York 18 State Court of Claims. All those in favor of 19 the nomination signify by saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response). 23 The nominee is unanimously 9170 1 confirmed. 2 We're very, very pleased to have 3 Judge Rooney, his wife Kathryn, their children, 4 Mary Kate and Elizabeth, with us in the chamber 5 in the gallery to your left. Judge, thank you 6 for being with us. Congratulations and good 7 luck. 8 (Applause) 9 Senator Holland. 10 SENATOR HOLLAND: Mr. President, 11 may we please return to reports of standing 12 committees. I believe there is a report of the 13 Rules Committee at the desk. 14 ACTING PRESIDENT KUHL: There is 15 a report of the Rules Committee at the desk. We 16 will return to the order of reports of standing 17 committees. I'll ask the Secretary to read the 18 report of the Rules Committee. 19 THE SECRETARY: Senator Bruno, 20 from the Committee on Rules, reports the 21 following bills: 22 Senate Print 6736-B, by Senator 23 Hoblock, an act to amend the Transportation Law; 9171 1 6328, by Senator Cook, an act to 2 amend the Retirement and Social Security Law; 3 6900-A, by Senator Marcellino, an 4 act to amend the Environmental Conservation Law; 5 7887, by Senator Libous, an act 6 to amend the Education Law; 7 7903, by Senator Bruno, an act to 8 amend Chapter 721 of the Laws of 1994; 9 7909, by Senator Bruno, an act to 10 amend a chapter of the laws of 1996 as proposed 11 in Legislative Bill Numbers 7903 and Assembly 12 11260; and 13 By the Assembly Committee on 14 Rules, Assembly Print 11179, an act to amend the 15 General Obligations Law. 16 All bills ordered directly to 17 third reading. 18 ACTING PRESIDENT KUHL: Senator 19 Holland. 20 SENATOR HOLLAND: I move we 21 accept the report of the Rules Committee. 22 ACTING PRESIDENT KUHL: Motion is 23 to accept the report of the Rules Committee. 9172 1 All those in favor signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response. ) 5 The report is accepted. Bills 6 will go directly to third reading. 7 Senator Holland. 8 SENATOR HOLLAND: Mr. President, 9 can we take up the non-controversial reading of 10 the Supplemental Calendar Number 1, please. 11 ACTING PRESIDENT KUHL: For the 12 benefit of the members, there is a supplemental 13 calendar, Supplemental Calendar Number 1, on 14 your desks. I'll ask the Secretary to read the 15 non-controversial Supplemental 1 Calendar. 16 THE SECRETARY: Calendar Number 17 636, by Senator Hoblock. 18 SENATOR GOLD: Lay it aside, 19 please. 20 THE SECRETARY: 6736-B - 21 ACTING PRESIDENT KUHL: The bill 22 is high. The bill will be laid aside. 23 THE SECRETARY: Calendar Number 9173 1 1696, by Senator Cook, Senate Print Number 6328, 2 an act to amend the Retirement and Social 3 Security Law. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 54. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Senator 15 Marcellino moves to discharge from the Committee 16 on Rules Assembly Bill Number 10696-A and 17 substitute it for the identical Third Reading 18 Calendar 1697. 19 SENATOR LEICHTER: Lay aside. 20 ACTING PRESIDENT KUHL: 21 Substitution is ordered. Secretary will read 22 the title. 23 THE SECRETARY: Calendar Number 9174 1 1697, by the Assembly Committee on Rules, 2 Assembly Print 10696-A, an act to amend the 3 Environmental Conservation Law. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 THE SECRETARY: Senator Libous 7 moves to discharge from the Committee on Rules 8 Assembly Bill Number 9785 and substitute it for 9 the identical Third Reading Calendar 1698. 10 SENATOR PATERSON: Lay aside. 11 ACTING PRESIDENT KUHL: 12 Substitution is ordered. Secretary will read 13 the title. 14 THE SECRETARY: Calendar Number 15 1698, by member of the Assembly Crouch, Assembly 16 Print 9785, an act to amend the Education Law. 17 ACTING PRESIDENT KUHL: Bill is 18 before the house. Lay the bill aside. 19 THE SECRETARY: Calendar Number 20 1699, by Senator Bruno, Senate Print 7903, an 21 act to amend Chapter 721 of the Laws of 1994, 22 authorizing the city of Troy. 23 ACTING PRESIDENT KUHL: There is 9175 1 a home rule message at the desk. Secretary will 2 read the last section. 3 THE SECRETARY: Section 23. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 54. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1700, by Senator Bruno, Senate Print 7909, an 13 act to amend a chapter of the laws of 1996. 14 ACTING PRESIDENT KUHL: There is 15 a home rule message at the desk, but the bill is 16 high. Lay the bill aside. 17 THE SECRETARY: Calendar Number 18 1701, by the Assembly Committee on Rules, 19 Assembly Print 11179, an act to amend the 20 General Obligations Law. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 9176 1 act shall take effect on the same day as a 2 chapter of the laws of 1996. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 54. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Senator Holland. 10 SENATOR HOLLAND: Mr. President, 11 can we do the controversial reading of 12 Supplemental Calendar Number 1, please. 13 THE SECRETARY: Secretary will 14 read the controversial calendar. Again this is 15 Supplemental Calendar Number 1. 16 Senator Holland. 17 SENATOR HOLLAND: Mr. President, 18 there will be an immediate meeting of the 19 Finance Committee in Room 332. 20 ACTING PRESIDENT KUHL: There 21 will be an immediate meeting of the Finance 22 Committee in the Majority Conference Room. 23 Immediate meeting of the Finance Committee in 9177 1 the Majority Conference Room, Room 332. 2 Secretary will call the 3 controversial calendar beginning with Calendar 4 Number 1698, by Senator Libous, Senate Print 5 7887. 6 THE SECRETARY: Calendar Number 7 1698, substituted earlier today, by member of 8 the Assembly Crouch, Assembly Print 9785, an act 9 to amend the Education Law. 10 ACTING PRESIDENT KUHL: Senator 11 Lachman. 12 SENATOR LACHMAN: Yes. Will the 13 distinguished Senator from Greater Binghamton, 14 the home town of the Press and the Sun Bulletin, 15 please explain the intent of this legislation? 16 ACTING PRESIDENT KUHL: Senator 17 Libous, an explanation of Calendar Number 1698 18 has been requested. 19 SENATOR LIBOUS: Thank you, Mr. 20 President and Senator Lachman. 21 Basically what we discovered - 22 my Assemblyman discovered that there's a quirk 23 in the law and that some of the school board 9178 1 elections, various types of elections in school 2 districts, that absentee ballots cannot be used 3 and basically this allows us to move forward so 4 that people can vote by absentee ballot, which I 5 think is something that is appropriate. 6 ACTING PRESIDENT KUHL: Senator 7 Lachman. 8 SENATOR LACHMAN: Will the 9 Senator yield for one question? 10 ACTING PRESIDENT KUHL: Will the 11 Senator yield? 12 SENATOR LIBOUS: Yes. 13 ACTING PRESIDENT KUHL: Senator 14 yields. 15 SENATOR LACHMAN: I assume, but 16 I'd like to have this in the record, that this 17 applies only to LEAs, Local Education 18 Authorities and, therefore, precludes any of New 19 York City's community school boards from 20 participating in this endeavor. 21 SENATOR LIBOUS: That is correct, 22 Mr. President. 23 SENATOR LACHMAN: Thank you. 9179 1 ACTING PRESIDENT KUHL: Any other 2 Senator wishing to speak on Calendar Number 3 1698? Hearing none, Secretary will read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 54. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Secretary will now read Calendar 14 Number 1697. 15 THE SECRETARY: Calendar Number 16 1697, substituted earlier today, by the Assembly 17 Committee on Rules, Assembly Print 10696-A, an 18 act to amend the Environmental Conservation Law. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 9180 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes - 4 ACTING PRESIDENT KUHL: Announce 5 the results when tabulated. 6 THE SECRETARY: Ayes 53, nays 1, 7 Senator Maziarz recorded in the negative. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 Senator Holland. 11 SENATOR HOLLAND: Mr. President, 12 is there any housekeeping? 13 ACTING PRESIDENT KUHL: Senator 14 Holland, we do have a privileged resolution by 15 Senator Connor at the desk that we could take up 16 at this time if you'd like to. 17 SENATOR HOLLAND: Take up the 18 resolution, please. 19 ACTING PRESIDENT KUHL: We'll 20 return to motions and resolutions. I'll ask the 21 Secretary to read the title of the privileged 22 resolution, by Senator Connor, which is at the 23 desk. 9181 1 THE SECRETARY: By Senator 2 Connor, Legislative Resolution commending Angela 3 Battaglia upon the occasion of her appointment 4 to the New York City Planning Commission. 5 ACTING PRESIDENT KUHL: Any 6 Senator wishing to speak on the resolution? 7 Hearing none, the question is on the resolution 8 by Senator Connor. All those in favor signify 9 by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 The resolution is adopted. 13 Senator Holland. 14 SENATOR HOLLAND: Mr. President, 15 may we stand at ease awaiting the result -- the 16 report of the Finance Committee, please. 17 ACTING PRESIDENT KUHL: The 18 Senate will stand at ease awaiting the report of 19 the Senate Finance Committee. 20 (Whereupon at 11:19 a.m., the 21 Senate stood at ease.) 22 23 9182 1 (The Senate reconvened at 12:08 2 p.m.) 3 ACTING PRESIDENT KUHL: Senate 4 will come to order. 5 Chair recognizes Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 return to reports of standing committees. I 8 believe there is a report of the Finance 9 Committee at the desk. 10 ACTING PRESIDENT KUHL: There is 11 a report from the Finance Committee at the desk. 12 SENATOR SKELOS: I ask that it be 13 read. 14 ACTING PRESIDENT KUHL: We will 15 return to the order of reports of standing 16 committees. 17 The Secretary will read. 18 THE SECRETARY: Senator Stafford, 19 from the Committee on Finance, reports the 20 following nomination: 21 Member of the Board of Trustees 22 of the City University of New York, Anne 23 Paolucci, of Beachurst. 9183 1 ACTING PRESIDENT KUHL: The 2 question is on the nomination of Anne Paolucci, 3 of Beachurst, to become a member of the Board of 4 Trustees of the City University of New York. 5 All in favor, signify by saying aye. 6 (Response of "Aye.") 7 Those opposed, nay. 8 (There was no response.) 9 The nominee is confirmed. 10 Secretary will continue to read. 11 THE SECRETARY: Senator Stafford, 12 from the Committee on Finance, reports the 13 following nomination: 14 Member of the Metropolitan 15 Transportation Authority, Ernest J. Salerno, of 16 Pearl River. 17 ACTING PRESIDENT KUHL: The 18 question is on the nomination. All in favor, 19 signify by saying aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (There was no response.) 23 The nominee is confirmed. 9184 1 Secretary will continue to read. 2 THE SECRETARY: Senator Stafford, 3 from the Committee on Finance, reports the 4 following nomination: 5 Member of the Board of Directors 6 of the New York Convention Center Operating 7 Corporation, Robert E. Boyle, of Croton-on 8 Hudson. 9 SENATOR GOLD: Mr. President. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Gold, on the nomination. 12 SENATOR GOLD: Thank you. 13 Mr. President, I try to listen 14 very carefully and learn from our distinguished 15 Majority Leader, Senator Bruno, and on more than 16 one occasion he has told us, advised us, even 17 lectured us on this side as to the importance of 18 process. He has had comments to make when we 19 wanted to amend the rules to do certain things 20 we thought would be right, and he told us how 21 important the rules were. 22 To begin with, I think that we 23 owe a public apology to Senator Dollinger. 9185 1 About a month or so ago, there was quite a to-do 2 on this floor as to whether or not he properly 3 followed our rules to request someone to appear 4 before a committee. We owe him that apology 5 because, according to Senator Stafford, 6 distinguished Chairman of Finance, there was an 7 acknowledgment that I, in a timely way, had 8 requested that this nominee, Mr. Boyle, appear 9 before the Finance Committee. I asked whether 10 he had been asked, and Senator Stafford 11 indicated, in his own truthful way, that the 12 request "had been considered," quotes/unquotes. 13 But it was an acknowledgment there that he had 14 not asked or no one had asked the nominee to 15 appear. I felt that the nominee should have 16 been asked and the nominee could have said yes 17 or no, and at least we would know that the 18 nominee said yes or no. 19 Why is there an issue here? When 20 we have people who are nominated by the Governor 21 for positions which pay money, apparently we 22 have them come before our committees, but we 23 have a process which says that if people are not 9186 1 paid money then we would not have them appear. 2 Now, we know that there are a lot 3 of positions which, while important, are 4 ceremonial or don't carry with it huge 5 administrative responsibilities, and these 6 people are not asked to appear. But there are 7 positions such as the Board of the New York 8 Convention Center where no one receives money, 9 but the position is extraordinarily important. 10 Everybody in this room knows that 11 there was a problem with the Convention Center. 12 Everybody in this room was involved in trying to 13 correct that problem, and it's important that 14 people who serve on the Board of Directors of 15 the New York Convention Center be above question 16 and certainly available to questions when 17 properly requested. My request of the Finance 18 Committee was a proper request. 19 Senator Leichter, in his usual 20 candor, pointed out to the committee that in the 21 short period of time that Mr. Boyle has been 22 working with the Convention Center he seems to 23 be doing an okay job, and maybe that is not the 9187 1 basis why we wanted to see him. I indicated 2 that I do not like to throw out bombs when 3 people's names and reputations are involved and 4 that I felt that there was good cause in my mind 5 to have him there and have him discuss 6 questions. The area of inquiry dealt with the 7 Governor's campaign, his role as the treasurer, 8 his role with the inauguration, and the 9 questions were such that I'm sure if Mr. Boyle 10 were here we could have cleared the air and it 11 was an area where the air should be cleared. 12 In spite of my request, timely 13 made, the committee, controlled by the Majority, 14 decided to go forward. There is one other quote 15 that I would like to put on the record from our 16 distinguished Chairman of Finance, Senator 17 Stafford, and that was his gracious 18 acknowledgment that the Minority in this house 19 has done its constitutional job and has been 20 cooperative in handling appointments from the 21 Governor. 22 Now, Governor Pataki has sent up 23 a lot of nominations which you can well imagine 9188 1 if it were my choice or your choice might be 2 different. The law doesn't permit me to vote 3 yes or no based upon what I would do or what a 4 Democrat would do, and I have, I believe, lived 5 up to my constitutional obligation and voted to 6 confirm nominations of a Republican Governor 7 that I might not agree with, but people who were 8 qualified and, therefore, were deserving of my 9 constitutional obligation to vote yes, even 10 though they were not mine. 11 So what happened today was not an 12 attempt to injure the system. It was not an 13 attempt to hold back the system from operating. 14 It was a properly made request, made timely, to 15 have a nominee to a position of great 16 responsibility appear before the committee. I 17 think that the request should have been honored, 18 not as a senatorial courtesy, not that we walk 19 in here with our togas and bow to each other but 20 because governmentally it was the right thing to 21 do. Governmentally, until December 31st, you 22 have a majority in this house and, on the other 23 hand, every one of us, Majority or Minority, are 9189 1 elected to come here and participate, and 2 showing the kind of muscle that was shown today 3 in the Finance Committee does not do honor to 4 the Finance Committee. 5 We know that there are a majority 6 of Republicans on that committee and, in spite 7 of right or wrong, you can do whatever you want 8 to do. I do not think you did Mr. Boyle 9 justice. Mr. Boyle is entitled to the 10 opportunity to answer the questions. The 11 innuendoes that you are hiding him, that you are 12 protecting him, which were made by some people 13 at the committee do not do justice to Mr. Boyle, 14 and it's your fault. If Mr. Boyle had been 15 asked to attend and did not attend, then it's 16 his fault, or at least you could say that he was 17 given an opportunity, but the Majority in this 18 house has denied him the opportunity to even 19 make that choice, and I think you did the man an 20 injustice, and I think you owe Senator Dollinger 21 an apology for remarks which were made a month 22 ago, and you owe Mr. Boyle an apology for not 23 giving him the opportunity to say whether or not 9190 1 he would appear. 2 ACTING PRESIDENT KUHL: Senator 3 Leichter, on the nomination. 4 SENATOR LEICHTER: Yes. 5 Mr. President. I am really 6 saddened and disappointed at the action of the 7 Majority and what occurred in the Senate Finance 8 Committee, and I think Senator Gold in his 9 characteristic moderate and very modest way, I 10 think, maybe didn't really fully portray what 11 happened here. 12 What happened is that somebody 13 who is being appointed to an extremely 14 significant, important position as a member of 15 the board of directors of the Convention Center 16 and who has been acting, will continue to act as 17 the chief operating officer of a center that we 18 know has been poorly run, has maybe been run in 19 a way that has fostered and furthered illegal 20 activities, denied the City and the state of New 21 York needed revenue, that that person did not 22 appear to answer questions, one, about his 23 stewardship as the chief operating officer, his 9191 1 plans, his policies -- and there is a lot of 2 dispute right now involving legislation as to 3 how that Convention Center is to be run; and 4 putting aside all of the other issues, that we 5 would confirm somebody for such an important 6 position and not have that person appear is, I 7 submit to you, an abdication of responsibility 8 by the committee. 9 Now, then you've got to ask 10 yourself, "Well, wait. Why is that happening?" 11 And you look and you realize and you understand 12 that some very serious questions have been 13 raised about Mr. Boyle, questions about a 14 contribution that his campaign committee made to 15 Governor Pataki, I think when the Governor was a 16 Senator, that were repaid by "Friends of Pataki" 17 in 1995. There is the whole question of the 18 inaugural committee and how that money was 19 raised, how that money was spent, and we know 20 that the Pataki administration has stonewalled 21 on that. 22 So why would a person who is 23 responsible for this important position and, 9192 1 secondly, whose role in campaign financing and 2 the inaugural committee is very central to 3 public issues that have been raised -- why 4 doesn't he appear? And I think I can only draw 5 one conclusion, that this is part of the 6 stonewalling, of an effort to keep the public 7 from knowing what has happened to monies in the 8 inaugural committee and whether the law was 9 complied with, whether there were activities 10 that, even if they were legal, raise a lot of 11 serious policy questions, and Mr. Boyle is right 12 at the heart of all those questions, and he 13 should have appeared. 14 I think we had an obligation to 15 the people of the state of New York to have him 16 appear and, if nothing else, you had the ranking 17 Minority member of the committee make a request, 18 followed the procedures that some weeks ago 19 Senator Stafford pointed out, when Senator 20 Dollinger raised some questions about why 21 somebody hadn't appeared, and Senator Stafford 22 said, "We have a procedure. Ask for it in 23 writing." 9193 1 I want to say Senator Stafford 2 has always been extremely courteous. Earlier 3 this year, I asked to have somebody appear. He 4 made every effort to have that person appear, so 5 I don't blame Senator Stafford on this. But I 6 just question, is there a policy here by the 7 Republican Party of this state and by the Pataki 8 Administration not to have Mr. Boyle and other 9 people who are connected with the inaugural 10 committee, who raised money for that committee, 11 who were otherwise involved in raising monies 12 for the Pataki campaign and for the Governor 13 previously -- to keep them from appearing and 14 answering questions? 15 Mr. Boyle should have been here. 16 He should have answered questions as to those 17 activities. He should answer questions as to 18 what is happening at the Convention Center and 19 his not appearing, to my mind, makes it 20 impossible to act on his nomination. 21 I just want to say that, while I 22 was very critical when he was first appointed as 23 chief operating officer, I want to say in all 9194 1 fairness, that the impression I have is that he 2 has done a good job; but that's not the issue. 3 The issue is that I shouldn't have to rely on 4 newspaper stories. The issue is that he has to 5 appear because of the position he holds. He has 6 to appear because the ranking Minority member 7 asked that he appear, and that's the procedures 8 of the committee, and he has to appear because 9 some of the questions relate to the financial 10 campaign matters that I have mentioned before. 11 Not appearing, I don't think that 12 his nomination is ripe for us to act on. 13 ACTING PRESIDENT KUHL: Senator 14 Dollinger, on the nomination. 15 SENATOR DOLLINGER: Mr. 16 President, I rise to urge my colleagues to vote 17 in the negative on this nomination. Let me 18 explain why. 19 First of all, I appreciate 20 Senator Gold suggesting that I'm owed an 21 apology. I don't believe I am, but I believe he 22 is entitled to an apology because, as everyone 23 knows, a month ago in the Finance Committee when 9195 1 two nominees came forward and I wanted to raise 2 a question with one of the nominees about the 3 fact that they had contributed money in excess 4 of the $5,000 corporate limitation that the law 5 of this state limits corporate contributions, I 6 wanted to find out the extent of that nominee's 7 complicity in making that donation and find out 8 whether the person who was nominated had 9 actually knowingly violated the laws of this 10 state, to determine his fitness to sit on the 11 Greater Rochester Regional Transportation 12 Authority. 13 I was told by the chairman of the 14 committee that we wouldn't hold that appointment 15 because there was an unwritten rule in the 16 Senate Finance Committee that unless there was a 17 designation "to appear" next to the names of 18 nominees they would not appear. I apologized to 19 the chairman at the time and said I wasn't aware 20 of that rule. But I have now raised what I 21 believe is a question about this nominee's 22 fitness for office and I would like -- as a 23 matter of senatorial courtesy at that time and 9196 1 because it affected my community and because 70 2 percent of the people who ride on the Transit 3 Authority live in my district, I asked that it 4 be delayed. 5 Following the rules of the Senate 6 Finance Committee, the unwritten rule, I was 7 told, "You didn't ask ahead of time; therefore, 8 there is no need for them to appear," and 9 because I didn't have the facts I needed to 10 determine the fitness of the candidate for that 11 job, I voted no. I later had a conversation 12 with that candidate in which I apologized to him 13 and said, "Had I known, I might have voted yes." 14 Today, another injustice is being 15 done because Senator Gold -- who followed the 16 unwritten rule of the Senate Finance Committee. 17 When he noticed that Mr. Boyle had no 18 designation next to his name, Senator Gold 19 acting on behalf of this Conference asked the 20 chairman of the committee to invite Mr. Boyle to 21 come. What I understand happened based on my 22 hearing in the Finance Committee is that the 23 chairman of the committee and the committee 9197 1 majority decided not to even bother to ask Mr. 2 Boyle to appear. 3 So, apparently, there is no rule 4 in the Senate Finance Committee about who 5 appears except one rule which is also 6 unwritten. If the candidate who is nominated 7 could have to answer questions that would 8 embarrass George Pataki, he will not appear. 9 That's now the rule. It's almost like Animal 10 Farm. Remember? Four legs is good, and then it 11 went to two legs is good, then two legs that are 12 pigs are good. 13 Well, apparently, we're evolving 14 a rule here, which is, you don't have to appear 15 unless you are asked. If you are asked, you 16 still don't have to appear because we won't ask 17 you if we know that your appearance would 18 embarrass George Pataki. 19 And, Senator Gold, please take 20 this in the spirit it's offered. I will 21 apologize for the breach of the rules. Why did 22 I want to talk to Mr. Boyle? I understand from 23 Senator Leichter that he may be doing a good job 9198 1 in his current position, but I'm more concerned 2 in determining his fitness about his role in 3 what I believe has become the cancer that is 4 eating away at the credibility of the Governor, 5 and that is, his failure to disclose the money 6 that was received in contributions from the 7 inaugural corporation and the money that it paid 8 out. It's eating away at his public credibility 9 and, unfortunately, it's eating away at the 10 credibility of his administration. 11 It starts with Dr. DeBuono and 12 the Health Committee. She refused to answer 13 questions about payments she had received from 14 the inaugural committee. I can't understand 15 why. I was disappointed she wouldn't answer the 16 question. It appears as though the cone of 17 silence, the agreement of silence, the code of 18 silence, is going to bind everyone on the second 19 floor and everyone beholding to anyone on the 20 second floor to prevent public disclosure of 21 this important information. 22 Also impacts Mr. Boyle, and I 23 would like to contrast my reaction to Mr. Boyle 9199 1 and to Commissioner DeBuono with Mr. Steinberg. 2 You remember Mr. Steinberg, nominated by 3 Governor Pataki to be the chairman of the 4 Thruway Authority. I asked Mr. Steinberg in his 5 appearance before the committee, "Did you or 6 your corporation, Reliance Insurance Company, 7 give a contribution to the Governor's inaugural 8 corporation, New York Inauguration 95, New York 9 Transition 95? Did Reliance Insurance Company 10 give a contribution?" He said yes. I asked him 11 whether that contribution violated the $5,000 12 corporate limit that Reliance would have given 13 to other candidates during 1995. He said he 14 didn't know. I think that was a fair answer. I 15 think it was an accurate answer. That's all we 16 needed from Mr. Boyle, fair, accurate answers 17 about his conduct in the operation of the 18 inaugural corporation. 19 I continue to maintain -- I have 20 maintained it in public. I have maintained it 21 on this floor. I have maintained it even back 22 in Rochester, New York. In my judgment, the 23 inaugural corporation solicited gifts to benefit 9200 1 Governor Pataki that were in excess of $75 that 2 could -- could -- may -- I won't say will, but 3 they could violate a law passed by this chamber, 4 passed by the Republicans in this chamber, 5 passed by the Democrats in this chamber, which 6 made it a rule in this state that you can not 7 accept a gift in excess of $75 from any entity. 8 Why did we pass that rule? To do 9 the one thing that the Governor's failure to 10 disclose is eroding away, the public confidence 11 in government. 12 And it seems to me that that 13 cancer has spread today to Mr. Boyle and, 14 unfortunately, by not allowing him to appear, by 15 not allowing him to answer questions, the 16 complicity in walking out on that political 17 plank of the inaugural committee now comes to 18 this chamber and to the majority in this 19 chamber. 20 I think it's really a travesty we 21 have come to this point. I would urge the 22 Governor to immediately disclose where he got 23 the money from, disclose how it would be spent, 9201 1 disclose who got contributions, and I would 2 simply ask that the Governor do it now. 3 It seems to me -- and I hate to 4 put Mr. Boyle's public integrity at stake, but 5 he should have been here. He should have been 6 answering questions. He should have done - 7 followed the procedures in the Senate Finance 8 Committee to make sure that the truth -- the 9 truth -- was known. 10 ACTING PRESIDENT KUHL: Is there 11 any other Senator wishing to speak on the 12 nomination? 13 SENATOR STAFFORD: Mr. President, 14 just very briefly. 15 ACTING PRESIDENT KUHL: Senator 16 Stafford. 17 SENATOR STAFFORD: This morning I 18 think it is very fortunate for us that we do 19 have these members -- excuse me -- these 20 nominees for members of the Board of Directors 21 of the New York Convention Center Operating 22 Corporation. I might add very quickly that it's 23 a bipartisan effort, and I would commend the 9202 1 leaders of the Legislature, all who were 2 involved in these nominations, both Minority and 3 Majority. 4 Having people appear for these 5 nonpaying positions -- people are busy. People 6 almost always are leaders. People almost always 7 are involved in what we would say are the 8 issues, are their professions, their businesses, 9 in their communities, and there is a very 10 extensive B.C.I. investigation. 11 We then have the opportunity, 12 which we do and we take it very seriously -- we 13 have the opportunity to review those 14 investigations, the results, the reports from 15 those investigations, and we say at the meeting 16 that we have reviewed the reports and we have 17 found nothing which would interfere or would 18 make it impossible or nothing that is there that 19 would indicate this person should not serve in 20 this capacity. 21 I compliment the Governor, the 22 leaders of the Legislature that are involved in 23 these nominations. I think they are good 9203 1 nominations. I do have to emphasize that the 2 person who has been mentioned the most and, 3 frankly, the one we are considering at this time 4 has done an excellent job in a very, very 5 difficult situation. It was our Majority Leader 6 who asked that we have hearings concerning this 7 issue. These hearings were held in New York 8 City. The Majority Leader himself was there. I 9 assure you they were extensive because I was 10 there. 11 I would say, Mr. President, that 12 Mr. Boyle is capable. He is doing an excellent 13 job, and I certainly am honored to move his 14 confirmation. 15 ACTING PRESIDENT KUHL: The 16 question is on the nomination. 17 SENATOR GOLD: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Gold. 20 SENATOR GOLD: Yes, I will be 21 brief, but, Senator Stafford, some of your 22 comments, although obviously said in good faith, 23 just don't cut it with me. You say people are 9204 1 busy, and these are nonpaying jobs. 2 Well, Senator, if they are too 3 busy then they shouldn't take any job, and part 4 of the job is answering to the Legislature. 5 Part of the job in running this convention 6 center is making sure that whatever the scandals 7 were in the past that people have confidence 8 today and, Senator, part of our procedures on 9 the committee is to give the individual a chance 10 to say whether he or she is too busy to come. 11 So I don't think that your answer is at all 12 adequate, and I don't think your answer does Mr. 13 Boyle justice. 14 ACTING PRESIDENT KUHL: The 15 question is on the nomination of Robert E. Boyle 16 to become a member of the Board of Directors of 17 the New York Convention Center Operating 18 Corporation. All those in favor of the 19 nomination, signify by saying aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (Response of "Nay.") 23 The nominee is confirmed. 9205 1 Secretary will continue to read 2 the report of the Senate Finance Committee. 3 THE SECRETARY: Senator Stafford, 4 from the Committee on Finance, reports the 5 following nominations: 6 Members of the Board of Directors 7 of the New York Convention Center Operating 8 Corporation, Lloyd Constatine of New York City; 9 Ronald Goldstock, of New York City; Eric M. 10 Javits, Esq., of Woodbury; Paul O'Neil, of New 11 York City; and Joseph E. Spinnato, of 12 Muttontown. 13 ACTING PRESIDENT KUHL: The 14 question is on the nomination of several members 15 to become members of the Board of Directors of 16 the New York Convention Center Operating 17 Corporation. All those in favor of the 18 nomination -- Senator Waldon, why do you rise? 19 SENATOR WALDON: I would like to 20 ask the Chairman of Finance a question or two, 21 if I may, on the nominations. 22 ACTING PRESIDENT KUHL: Senator 23 Stafford, do you yield to a question from 9206 1 Senator Waldon? 2 SENATOR STAFFORD: Yes. 3 ACTING PRESIDENT KUHL: Senator 4 yields. 5 SENATOR WALDON: Thank you, Mr. 6 President. 7 My colleague, Senator Stafford, 8 the distinguished Chairman, I won't be long, but 9 I was sitting here looking at these names, and I 10 looked back through my mind's eye over the names 11 of the people we have approved recently, going 12 back even to those appointed to the Court of 13 Claims and I was wondering how many of the 14 Governor's recommendations during this session 15 have been people who have been traditionally 16 entitled "minority", meaning Latinos and/or 17 African-Americans, if you know that; and, if you 18 don't, if you could get that information to us, 19 it would be appreciated. 20 SENATOR STAFFORD: Certainly 21 will. 22 SENATOR WALDON: Thank you, Mr. 23 President. 9207 1 ACTING PRESIDENT KUHL: The 2 question is on the nomination of several members 3 to become members of the Board of Directors of 4 the New York Convention Center Operating 5 Corporation. All those in favor of the 6 nominations, signify by saying aye. 7 (Response of "Aye.") 8 Opposed, nay. 9 (Response of "Nay.") 10 The nominees are confirmed. 11 SENATOR BRUNO: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Bruno. 14 SENATOR BRUNO: Is there anything 15 else at the desk that requires our attention at 16 this time? 17 ACTING PRESIDENT KUHL: We have 18 one motion, Senator Bruno. 19 SENATOR BRUNO: Take that up at 20 this time. 21 ACTING PRESIDENT KUHL: Return to 22 motions and resolutions. 23 The Chair recognizes Senator 9208 1 Farley. 2 SENATOR FARLEY: Thank you, Mr. 3 President. On behalf of my colleague who's 4 sitting beside me, Senator Seward - 5 I'm doing your work for you? 6 SENATOR SEWARD: Thank you. 7 Thank you. 8 SENATOR FARLEY: I wish to call 9 up his bill, Print Number 5206A, which was 10 recalled from the Assembly which is now at the 11 desk. 12 ACTING PRESIDENT KUHL: Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 637, by Senator Seward, Senate Print 5206A, an 16 act to amend the County Law. 17 ACTING PRESIDENT KUHL: Senator 18 Farley. 19 SENATOR FARLEY: I now move to 20 reconsider the vote by which this bill passed. 21 ACTING PRESIDENT KUHL: The 22 Secretary will call the roll on reconsideration. 23 (The Secretary called the roll on 9209 1 reconsideration.) 2 THE SECRETARY: Ayes 56. 3 ACTING PRESIDENT KUHL: The bill 4 is before the house. 5 Senator Farley. 6 SENATOR FARLEY: Mr. President, 7 Senator Seward now offers the following 8 amendments. 9 ACTING PRESIDENT KUHL: 10 Amendments are received and adopted. 11 That takes care of all the 12 housekeeping, Senator Bruno. 13 SENATOR BRUNO: Mr. President, I 14 would suggest that we presently stand at ease, 15 and I would ask for an immediate conference of 16 the Majority in Room 332. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson. 19 SENATOR BRUNO: My estimation 20 would be that we will probably be about 20 21 minutes, and then we can resume and hopefully 22 conclude session for this day. 23 ACTING PRESIDENT KUHL: Senator 9210 1 Paterson. 2 SENATOR BRUNO: Senator Paterson. 3 SENATOR PATERSON: Mr. President, 4 there will be an immediate conference of the 5 Minority in the Minority Leader's Conference 6 Room exactly when this session ends -- no, 7 exactly when this recess begins. 8 ACTING PRESIDENT KUHL: There 9 will be an immediate meeting of the Majority 10 Conference in the Majority Conference Room. 11 Immediate meeting of the Majority Conference in 12 the Majority Conference Room, Room 332. 13 There will also be an immediate 14 meeting of the Minority in the Minority 15 Conference Room, Room 314. An immediate meeting 16 of the Minority Conference in the Minority 17 Conference Room, Room 314. 18 And the Senate will stand at ease 19 for about 20 minutes. 20 (Whereupon, at 12:36 p.m., the 21 Senate was at ease.) 22 ACTING PRESIDENT NOZZOLIO: 23 Senator Skelos. 9211 1 SENATOR SKELOS: There will be an 2 immediate meeting of the Rules Committee in the 3 Majority Conference Room. 4 ACTING PRESIDENT NOZZOLIO: There 5 will be an immediate meeting of the Rules 6 Committee in the Majority Conference Room. 7 SENATOR SKELOS: The Senate will 8 stand at ease. 9 ACTING PRESIDENT NOZZOLIO: 10 Senate stands at ease. 11 (Whereupon, the Senate continued 12 at ease until 2:26 p.m.) 13 ACTING PRESIDENT NOZZOLIO: 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President. 16 If we could return to reports of standing 17 committees. I believe there's a report of the 18 Rules Committee at the desk. I ask that it be 19 read. 20 ACTING PRESIDENT NOZZOLIO: 21 Secretary will read the rules report. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 9212 1 following bills: 2 Senate Print 4428B, by Senator 3 Lack, an act to amend the Judiciary Law and the 4 State Finance Law; 5 6024, by Senator Saland, an act 6 to amend the State Finance Law; 7 7894A, by the Senate Committee on 8 Rules, an act authorizing the city of 9 Canandaigua; 10 7897, by the Senate Committee on 11 Rules, an act to amend the Public Authorities 12 Law; 13 7904, by Senator DiCarlo, an act 14 to amend the Civil Service Law; and 15 7913, by Senator Holland, an act 16 to authorize the lease of property. 17 All bills ordered directly for 18 third reading. 19 SENATOR SKELOS: Mr. President, I 20 move we accept the report of the Rules 21 Committee. 22 ACTING PRESIDENT NOZZOLIO: All 23 in favor of accepting the report of the Rules 9213 1 Committee, signify by saying aye. 2 (Response of "Aye.") 3 Opposed, nay. 4 (There was no response.) 5 The report is accepted. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 if we can take up the Supplemental Calendar No. 9 2, noncontroversial. 10 ACTING PRESIDENT NOZZOLIO: 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1702, by Senator Lack, Senate Print 4428B, an 14 act to amend the Judiciary Law and the State 15 Finance Law. 16 ACTING PRESIDENT NOZZOLIO: Read 17 the last section. 18 THE SECRETARY: Section 5. This 19 act shall take effect April 1. 20 ACTING PRESIDENT NOZZOLIO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 56. 9214 1 ACTING PRESIDENT NOZZOLIO: The 2 bill is passed. 3 THE SECRETARY: Senator Saland 4 moves to discharge from the Committee on Rules 5 Assembly Bill Number 8743 and substitute it for 6 the identical Third Reading Calendar 1703. 7 ACTING PRESIDENT NOZZOLIO: 8 Substitution ordered. Secretary will read. 9 THE SECRETARY: Calendar Number 10 1703, by member of the Assembly Schimminger, 11 Assembly Print 8743, an act to amend the State 12 Finance Law. 13 ACTING PRESIDENT NOZZOLIO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT NOZZOLIO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 56. 21 ACTING PRESIDENT NOZZOLIO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 9215 1 1704, by the Senate Committee on Rules, Senate 2 Print 7894A, an act authorizing the city of 3 Canandaigua. 4 ACTING PRESIDENT NOZZOLIO: There 5 is a home rule message at the desk. Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT NOZZOLIO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 56. 13 ACTING PRESIDENT NOZZOLIO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1705, by the Senate Committee on Rules, Senate 17 Print 7897, an act to amend the Public 18 Authorities Law. 19 SENATOR LEICHTER: Lay it aside. 20 ACTING PRESIDENT NOZZOLIO: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 1706, by Senator DiCarlo, Senate Print 7904, an 9216 1 act to amend the Civil Service Law. 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 56. 10 ACTING PRESIDENT NOZZOLIO: The 11 bill is passed. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 on Calendar Number 1704, I believe the bill is 15 high, so I would like to move to reconsider the 16 vote by which the bill passed. 17 THE SECRETARY: Calendar Number 18 1704, by the Senate Committee on Rules, Senate 19 Print 7894A, an act authorizing the city of 20 Canandaigua. 21 SENATOR SKELOS: Lay the bill 22 aside. 23 ACTING PRESIDENT NOZZOLIO: The 9217 1 Secretary will call the roll on reconsideration. 2 (The Secretary called the roll on 3 reconsideration.) 4 THE SECRETARY: Ayes 56. 5 ACTING PRESIDENT NOZZOLIO: The 6 bill is before the house. The bill is laid 7 aside. 8 THE SECRETARY: Calendar Number 9 1707, by Senator Holland, Senate Print 7913, an 10 act to authorize the lease of property at the 11 Letchworth Developmental Center. 12 SENATOR SKELOS: Mr. President, 13 is there a message of necessity at the desk? 14 ACTING PRESIDENT NOZZOLIO: Yes, 15 there is a message. 16 SENATOR SKELOS: Move to accept. 17 ACTING PRESIDENT NOZZOLIO: 18 Motion to accept the message. 19 All in favor, aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (There was no response.) 23 The message is accepted. 9218 1 Read the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT NOZZOLIO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 56. 8 ACTING PRESIDENT NOZZOLIO: The 9 bill is passed. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 on Supplemental Calendar No. 1, can we take up 13 Calendar Number 1700. We now have a message. 14 ACTING PRESIDENT NOZZOLIO: 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 1700, by Senator Bruno, Senate Print 7909, an 18 act to amend a chapter of the Laws of 1996. 19 ACTING PRESIDENT NOZZOLIO: 20 Senator Skelos. 21 SENATOR SKELOS: Is there a 22 message of necessity at the desk? 23 ACTING PRESIDENT NOZZOLIO: Yes, 9219 1 there is a message. 2 SENATOR SKELOS: Move we accept. 3 ACTING PRESIDENT NOZZOLIO: The 4 motion is to accept the message. 5 All in favor, say aye. 6 (Response of "Aye.") 7 Opposed, nay. 8 (There was no response.) 9 Message is accepted. 10 There is a home rule message at 11 the desk. 12 The Secretary will read. 13 SENATOR GOLD: What is the 14 number? 15 ACTING PRESIDENT NOZZOLIO: 16 Calendar Number 1700, Supplemental Calendar No. 17 1. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the same date as a 21 chapter of the Laws of 1996. 22 ACTING PRESIDENT NOZZOLIO: Call 23 the roll. 9220 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 56. 3 ACTING PRESIDENT NOZZOLIO: The 4 bill is passed. 5 SENATOR SKELOS: Mr. President. 6 If we could just stand at ease, Mr. President. 7 ACTING PRESIDENT NOZZOLIO: 8 Senate will stand at ease. 9 (Whereupon, at 2:33 p.m., the 10 Senate stood at ease until 2:55 p.m.) 11 ACTING PRESIDENT NOZZOLIO: 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 if we could return to reports of standing 15 committees, I believe there is a report of the 16 Finance Committee at the desk. I ask that it be 17 read, for Senator Paterson. 18 ACTING PRESIDENT NOZZOLIO: 19 Secretary will read. 20 THE SECRETARY: Senator Stafford, 21 from the Committee on Finance, reports the 22 following bill: 23 Senate Print 7915, by the Senate 9221 1 Committee on Rules, an act making appropriations 2 for the support of government; and 3 Senate Print 7916, by the Senate 4 Committee on Rules, an act to amend Chapter 905 5 of the Laws of 1986. 6 Both bills ordered directly for 7 third reading. 8 SENATOR SKELOS: Mr. President, 9 move to accept the report of the Finance 10 Committee. 11 ACTING PRESIDENT NOZZOLIO: The 12 motion is to accept the report of the Finance 13 Committee. 14 All those in favor, say aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (Response of "Nay.") 18 The report is accepted. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 at this time, if we could take up Senate 7915. 22 ACTING PRESIDENT NOZZOLIO: 23 Secretary will read. 9222 1 THE SECRETARY: Calendar Number 2 1708, by the Senate Committee on Rules, Senate 3 Print 7915, an act making appropriations for the 4 support of government. 5 SENATOR SKELOS: Mr. President. 6 Is there a message of necessity and 7 appropriation at the desk? 8 ACTING PRESIDENT NOZZOLIO: Yes, 9 there is. 10 SENATOR SKELOS: I move to accept 11 the message. 12 ACTING PRESIDENT NOZZOLIO: The 13 motion is to accept the message. 14 All in favor. 15 (Response of "Aye.") 16 Opposed. 17 (There was no response.) 18 Message is accepted. 19 Senator Hoffmann. 20 SENATOR HOFFMANN: On this bill, 21 Mr. President. 22 I have raised the issue in 23 Finance, and Senator Stafford did his best I 9223 1 think to explain a rather incomprehensible 2 situation. In the scheme of things around here 3 this may not be a real big deal to some people, 4 but it puts a number of us in a somewhat awkward 5 situation because, for the first time, we now 6 have two separate pay bills, known as extenders, 7 incorporated into one bill. 8 The state employees, the general 9 operations of the state, are now being included 10 in a bill that also continues to pay for 11 legislators. Now, these last many weeks in 12 which we have been extending pay to other state 13 employees and to ourselves, some of us have 14 taken the position that members of the 15 Legislature should not be paid when we have not 16 done the people's work and have not yet 17 concluded a state budget. I am among that 18 number. 19 Today, however, I am in the very 20 uncomfortable situation of having to vote either 21 against paying all state employees or voting for 22 continuing pay to legislators who are doing a 23 less than adequate job in the eyes of many 9224 1 people in this state. So I would just like the 2 record to reflect that in the past I stood with 3 several colleagues and voted against extending 4 pay to legislators in the absence of a budget, 5 and I would like to be able to do that today. 6 I wish there were an adequate 7 explanation. No slight intended to the chairman 8 who I think did try to explain this situation, 9 but there must be some other reason why these 10 two bills have been jumbled together into one 11 bill today than saving printing costs. God 12 knows, we spend enough on printing around here 13 putting together legislation that's not likely 14 to go any place. One-house bills are the order 15 of the day most days in both the Senate and the 16 Assembly. 17 So I just can't believe that the 18 primary motivation of combining the extender for 19 all state employees with combining the extender 20 to legislators was to save on the cost of 21 printing. 22 But I have no alternative except 23 to do what I think is best for the rest of the 9225 1 employees of the state of New York, so I will 2 reluctantly vote in favor of this measure. 3 ACTING PRESIDENT NOZZOLIO: 4 Senator Gold. 5 SENATOR GOLD: Mr. President, I 6 have no idea, obviously, why we have one bill 7 instead of two, and I sympathize with Senator 8 Hoffmann, who would like to be able to clarify 9 that vote. On the other hand, I respect Senator 10 Hoffmann's right to make her own interpretations 11 of her job. 12 I want it clear that in voting 13 for this bill I would vote for this bill if it 14 were separated into two bills. I think that the 15 record indicates that I and others have 16 absolutely done our job. Our job, as I see it, 17 was to make sure that the budget filed by 18 Governor Pataki in December did not become law. 19 My obligation to the people was to make sure 20 that the budget as amended by Governor Pataki in 21 January did not become law. My job was to see 22 to it that the amendments made by Governor 23 Pataki, even though they were an improvement in 9226 1 March, did not become law and to fight to see 2 that perhaps the legislative agreement -- which 3 unfortunately we haven't seen in bill form - 4 might become law because I believe that the 5 original budget would have meant the death of 6 people. I believe that the original budget was 7 cruel and did some terrible things. 8 Now, lest anybody misunderstand, 9 I don't think George Pataki is cruel. I think 10 he is a fine gentleman, and I say that not 11 tongue in cheek. I say that very seriously. 12 But the product was such that it was my job 13 since it was filed, until today, and continuing 14 until we get a budget, to fight for a proper 15 budget, and the concept that some people have 16 that we should pass a budget on March 31st even 17 if it's bad for the people is a concept I will 18 not buy. 19 The concept that in order to get 20 myself paid I should pass any budget and put my 21 own paycheck over that interest of my 22 constituents is something I do not buy. Now, I 23 know there are people here who feel that if we 9227 1 don't pass a budget we haven't done our work. I 2 respect their intellectual right to come to that 3 conclusion. I just want the record clear on my 4 intellectual right to feel that I am doing the 5 right thing by my people by fighting the budget 6 until it's right. 7 ACTING PRESIDENT NOZZOLIO: 8 Senator Dollinger. 9 SENATOR DOLLINGER: Mr. 10 President, I have been just reading the bills 11 just to clarify the issue of legislative pay, 12 and I concur with Senator Hoffmann that this 13 practice of bringing these two formerly separate 14 bills together -- I'm not satisfied. 15 I wasn't at the Finance 16 Committee, and I apologize for not being there, 17 but it seems to me -- we have done it in the 18 past that we've had a chance to vote on our own 19 pay as well as the pay for the other members of 20 this state work force, and it seems to me by 21 combining them we're doing ourselves a 22 disservice and the people of this state. 23 I join in Senator Hoffmann's 9228 1 appraisal of this that I would vote against 2 payment for ourselves, and yet I'm not going to 3 punish the rest of the state work force by 4 voting against this bill. 5 ACTING PRESIDENT NOZZOLIO: 6 Senator Marcellino. 7 SENATOR MARCELLINO: Mr. 8 President, I don't often rise to agree with my 9 colleague, Senator Gold, but in this particular 10 case I tend to agree that a late budget if it's 11 the right budget is the way to go, and I think 12 at this point in time we are negotiating. 13 Leadership is in the process of negotiating a 14 budget. I disagree with some of the editorials 15 that I've seen around the state in various 16 newspapers that say we should pass any budget by 17 April 1. It has to be the budget that the 18 Legislature and the Executive can concur and 19 agree is the right budget for the state of New 20 York, and in that process, we are engaged right 21 now and that process should go on as long as it 22 takes to come up with a budget that will deliver 23 the services at the right price for the people 9229 1 of this state and not just any budget for any 2 budget's sake. 3 ACTING PRESIDENT NOZZOLIO: 4 Senator Mendez. 5 SENATOR MENDEZ: Yes, Mr. 6 President. I do rise also to concur with 7 Senator Gold and Senator Marcellino. I voted 8 for all the 200 legislators to be paid last time 9 that we had that bill before us, and I intend to 10 do so in this instance. 11 Today, yes, there's only one bill 12 rather than two. I feel, and I am sure my 13 colleagues do feel the same way, that we have 14 earned the money. In our efforts on the 15 community level and doing the constituent work 16 and informing our voters of what's the process 17 that takes place here and informing them about 18 the issues, that is important also. Just doing 19 the budget alone, on time, as it was mentioned 20 before, is not the way to go if that budget is 21 going to be penalizing to any group of citizens 22 of the State of New York. 23 So, therefore, I will gladly -- I 9230 1 wish I could vote a hundred times for this one 2 bill in this instance, because I think I, as 3 well as my colleagues, have earned the money, 4 budget or no budget. 5 Thank you. 6 ACTING PRESIDENT NOZZOLIO: 7 Senator Oppenheimer. 8 SENATOR OPPENHEIMER: I think my 9 question has been answered because aside from - 10 well, I concur with my colleagues who said that 11 in the past when we had two separate bills many 12 of us voted against the legislative piece 13 funding for our salaries, but, of course, this 14 time, I would be voting in favor because I 15 certainly don't think we should penalize the 16 people who work for us. 17 But I had noticed that we had 18 also in this bill -- I guess I should ask this 19 question, if the sponsor will yield for a 20 question? 21 SENATOR STAFFORD: By all means. 22 ACTING PRESIDENT NOZZOLIO: 23 Senator Stafford will yield. 9231 1 SENATOR STAFFORD: Yes. 2 SENATOR OPPENHEIMER: We have, 3 which we haven't in the past had -- we have the 4 income maintenance, the medical assistance. 5 SENATOR STAFFORD: Senator, it's 6 my fault. I can't hear. 7 SENATOR OPPENHEIMER: Okay. 8 Also, it's not pointed at me. It's pointed up. 9 It should be pointed sideways. 10 We also have in this bill income 11 maintenance and medical assistance and community 12 development. I don't believe that was in our 13 past bills, but it is in this bill also. 14 These are things that we haven't 15 had combined into one bill in the past. Is that 16 not correct? 17 SENATOR STAFFORD: It has been in 18 the past. Again, this I think shows the 19 responsibility of the Executive and the 20 Legislature that there are specific areas or 21 specific items that should be included at this 22 time that have been in the past, and, of course, 23 they are this time. 9232 1 SENATOR OPPENHEIMER: In the past 2 -- if I can clarify? 3 SENATOR STAFFORD: Yes. 4 SENATOR OPPENHEIMER: They were 5 separate, but now they are in this one bill. 6 SENATOR STAFFORD: They have been 7 in various bills, and they have usually been 8 together. 9 SENATOR OPPENHEIMER: Yes. Thank 10 you. 11 ACTING PRESIDENT NOZZOLIO: 12 Senator Nanula. 13 SENATOR NANULA: Thank you, Mr. 14 President. 15 I, too, plan to vote for this 16 bill although under duress, and I didn't plan on 17 addressing the issue of legislative pay, but 18 since it has been brought forward to this body 19 today and, of course, it is in the bill, I'd 20 like to extend some of my thoughts on it. 21 A couple of points were made, and 22 I certainly respect the individuals who made 23 them and also respect their positions in terms 9233 1 of this being a democratic process, one where we 2 all can stand regardless of what our position is 3 and bestow our position. Since we're doing that 4 on this issue, I would like to bestow a few of 5 my positions in regard to this. I have been 6 quite vocal on this issue historically, and a 7 couple of points were made, one being, "Well, we 8 should take as much time as needed and 9 deliberate over the various differences we have 10 in regard to a budget, whether they take a week 11 or two weeks or three weeks or four weeks or 12 three months or four months." 13 Well, the last I recall, there 14 was a deadline, at least one that is always 15 discussed, called April 1st. There is a 16 deadline that we're supposed to be, as a 17 legislative body, working together with the 18 Governor to achieve, and, certainly, there were 19 some good points made by Senator Gold in regards 20 to some of our opinions that the Governor's 21 budget wasn't one that we would want to 22 support. But that doesn't mean that we should 23 just open-ended, without any kind of time line 9234 1 be on a path in a responsible fashion to pass a 2 budget, and Senator Mendez, who I have 3 tremendous respect for, talked about our labor 4 and that we should be compensated for it. 5 Well, so should the various 6 companies that have done business with the state 7 that aren't being paid, so should the various 8 municipalities that are going to bond short-term 9 that aren't getting money from the state because 10 we haven't passed a budget and, beyond all of 11 that, what kind of image does this process give 12 to corporations and give to bond raters and 13 others that are involved in looking at this 14 state as a place to conduct business, as a place 15 to rate in terms of the way in which we conduct 16 business? 17 I agree wholeheartedly with my 18 colleagues that this budget process in terms of 19 not passing a budget that is not good for the 20 people of New York is appropriate, but to not 21 have any sensitivity or to not understand what 22 this process means, what the delay in this 23 process means to the people of this state, I 9235 1 think, is really shortsighted, and I'll tell you 2 something else. It's a scar on all of us to the 3 electorate because people are losing faith in 4 government as a result of the way in which we're 5 handling ourselves up here. 6 Again, I'm voting for this bill. 7 I'm very dissatisfied that the Legislature pay 8 was included with the various other necessities 9 that are going to be passed in this bill, and I 10 wish it wasn't and, again, I wanted to simply 11 explain my position and bestow some of my 12 additional positions in regards to the process 13 itself. 14 Thank you. 15 SENATOR GOLD: Mr. President. 16 ACTING PRESIDENT NOZZOLIO: 17 Senator Gold. 18 SENATOR GOLD: Yes, I will be 19 very, very brief but Senator Nanula reminded me 20 of something, and I wanted to throw that out. 21 There was something in the paper 22 recently, last few days or last week, about the 23 bond raid... -- raters. Actually, maybe raiders 9236 1 is a better word. But it's interesting. 2 The one thing we did do on time 3 -- and I'm proud that we did it -- was the debt 4 service bill and, since the beginning of time, 5 this state has always paid its debts, and yet we 6 pay people like Moody's. We pay them to look at 7 our material and give a rating, and they decide 8 what they're going to rate it, and that rating 9 costs us money. If that isn't the silliest 10 process I've ever heard of -- and I'm putting in 11 legislation, I'm telling you now, to change 12 that. 13 I think we should be able to give 14 them information, whatever information they 15 want, and let them rate it for whoever wants to 16 listen, but we should stop paying them, number 17 one, and there isn't any reason in the world 18 that the State of New York should have anything 19 other than the finest credit rating. Because 20 what's the issue? We pay our debts. What's the 21 issue this year? On time, we passed a debt 22 service bill. So anybody who rates us other 23 than the finest is a phony, and they are playing 9237 1 to a market which is a phony market. 2 The issue is, "Do we pay our 3 debts?" and we pay them and we pay them on 4 time. So that part of this ought to be cleared 5 away, and if there are municipalities or school 6 districts or the state that are losing 7 percentage points in their rating, that is phony 8 baloney. 9 SENATOR STAFFORD: Good point. 10 ACTING PRESIDENT NOZZOLIO: 11 Senator Hoffmann. 12 SENATOR HOFFMANN: Mr. President, 13 I was impressed with the comments by my 14 colleague from Buffalo, Senator Nanula, and I 15 too have to respond to something that Senator 16 Gold alluded to and he just elaborated on it 17 somewhat further. 18 We are hearing -- those of us 19 maybe in the upstate area hear a little bit more 20 than some of you in the New York City area 21 because there is a difference in the way the 22 media reports the activities of the 23 Legislature. It's a little different. I think 9238 1 the best analogy would be, those of you in the 2 New York City metropolitan area are reported in 3 a sporting event in terms of color; we are 4 covered on a play-by-play basis in the upstate 5 media and over a period of many months now, one 6 repeated fumbled ball after another has led to a 7 tremendous diminishing of respect not only for 8 us as individuals but for this entire 9 legislative body and for government in general, 10 as Senator Nanula so eloquently said. 11 But there is a real element of 12 pain in our constituency. One of my BOCES 13 superintendents approached me the other day. He 14 had just returned from the bank where he had 15 borrowed $15 million for the nine school 16 districts that he covers, $15 million of debt 17 service that he will have to absorb, that the 18 taxpayers of that district will have to absorb, 19 that is caused by our failure to put together a 20 budget and to have a state aid formula in place 21 before our April 1 deadline. Those are real 22 costs incurred by people at the local level and 23 we are responsible for them. 9239 1 For us to continue to provide our 2 own salaries in this abdication of our 3 responsibility is a shame, is a disgrace, and 4 causes great, great lack of respect for the 5 entire legislative process in this state. So, 6 of course, I want to vote against extending the 7 salaries to legislators. It's a small thing to 8 do, but it's symbolic to some people, and it 9 shows that a few of us are honestly trying to 10 make this place a little bit better. 11 But, today, we saw a bill put on 12 the floor that allows no opportunity to cast 13 that vote and stand on the principle that 14 legislators should not be paid because the 15 budget is late. We don't have that opportunity 16 to do that because somebody very cleverly 17 crafted a bill that now lumps together all state 18 employees with the Legislature. 19 I only wish that whoever it is 20 working behind the scenes in some back room some 21 place who came up with that idea was putting the 22 same kind of energy into coming up with a budget 23 for the State of New York. This kind of 9240 1 devious, clever trickery that this Legislature 2 is all too famous for is what is causing us to 3 have our wheels turn so terribly slowly. These 4 gears just don't even come close to meshing, let 5 alone turning and moving the machine forward. 6 Two houses posturing and people 7 trying to figure ways to embarrass legislators 8 instead of allowing us to get together, put our 9 heads together, and collectively determine what 10 it is that the taxpayers of this state need. It 11 is high time that we all took the position that 12 this is a disgrace and we are embarrassed at the 13 way this government conducts this shameful 14 process that we call a budget. 15 SENATOR STAFFORD: Mr. President. 16 ACTING PRESIDENT NOZZOLIO: 17 Senator Stafford. 18 SENATOR STAFFORD: I can't 19 believe that I am going to stand up here, when 20 we're all getting ready to leave, and speak. I 21 could say this is the first time ever. 22 (Laughter.) 23 SENATOR GOLD: It's always the 9241 1 first time ever. 2 SENATOR STAFFORD: But it isn't. 3 We have fought wars so we can do 4 what's been done here the past few days and 5 weeks. You know, when you run for cover -- when 6 you run for cover and it sounds good and you 7 want to make the press and you want the 8 headlines and you want to look like you're the 9 big deal, what do you do? You attack, and then 10 go home and do nothing and then come here and do 11 nothing. 12 This is a complex state, and for 13 those that do not know that, I suggest that they 14 travel around the state a little. I can be 15 quite provincial. My area isn't the most 16 cosmopolitan in the world. It's the northeast 17 corner of the state. It is upstate. But I know 18 that there are various agendas, and I use the 19 word "agenda" advisedly. This isn't any other 20 state. This is New York, where we have the 21 capital of the world in Plattsburgh - 22 (Laughter.) 23 -- and we have some real, real 9242 1 difficult questions, issues, and I think it's a 2 credit to the people that serve that they do 3 stand firm and they do their best. 4 Now, this date that everybody 5 talks about, I would be pleased if we could have 6 an artificial date and say this is when we're 7 going to do it and it's going to be done, but 8 when you have -- What do we have, 211 9 legislators? 10 SENATOR GOLD: 211. 11 SENATOR STAFFORD: -- 211 12 legislators, we have an executive branch, and 13 when you see the various compromises that have 14 to be made, and I use the word "compromise" 15 advisedly and in the good sense of the word, I 16 think that it's a credit that we can do this in 17 this state even though it's not maybe at the 18 exact date that someone thinks it should be 19 done. 20 Now, the Governor and the leaders 21 will each owe me a dollar, but I think it's so 22 unfortunate that we read those names and we hear 23 pounding, pounding, pounding on those people 9243 1 and, "Oh, it's so terrible! It's so terrible!" 2 You know, someone said to me the 3 other day, "Well, how in the world do you solve 4 this?" I said, "Elect a Republican Assembly," 5 and they didn't want to write that. It makes 6 too much sense. 7 Thank you. 8 ACTING PRESIDENT NOZZOLIO: 9 Senator Oppenheimer. 10 SENATOR OPPENHEIMER: Well, I 11 could explain my vote, yes. 12 Or the contrary to our eloquent 13 prior speaker, we could elect a Democratic 14 Governor and a Democratic Senate. 15 But I -- I -- I -- I want to 16 paint a small positive note on something, but 17 also say that I don't believe that there are 209 18 legislators up here that are pleased. I think 19 there are 209 legislators up here who are 20 grumbling a bit because we don't see this as the 21 finest hour, and we think there is a better way, 22 and I think we have to face the issue that this 23 year we had something different happen, and that 9244 1 something different was very major non-budget 2 policy items were brought into the budget 3 discussion, and I think that is what has caused 4 so much angst this year and, had we not done 5 that, had it not been handled that way, I think 6 we could have had certainly a more timely 7 budget. 8 I happen to think that we have 9 the capability in this great government of ours 10 to bring in an on-time budget. I think it's a 11 question of focus and concentration and working 12 maybe more days and more full time in the first 13 few months of our sessions. 14 So I can't say that that's an 15 inevitability that the longer and the later we 16 are that it just produces a better and better 17 document. I can't subscribe to that. 18 I would also like to note 19 something that I had heard buzzing around, and 20 I'm not sure if this will come to pass, but it 21 was, I thought, a way of assisting those 22 communities, those municipalities, and those 23 school districts that are experiencing some very 9245 1 serious difficulty now, particularly in my area, 2 and they are not only now paying the money to 3 borrow from the bank but they are also losing 4 interest payments that they might have were our 5 funds given to them on time, deposited in a bank 6 and collecting interest, and there was some 7 discussion that perhaps state government would 8 be interested in compensating those school 9 districts and municipalities for the loss of 10 that interest income which they will be 11 experiencing as well as for the increased cost 12 to borrow the money and that the state is having 13 that money that much longer, the cash float is 14 with us; we are getting that interest income and 15 that perhaps it would be appropriate and the 16 right thing to do to pass it on to the 17 municipalities and the school districts. I 18 think that is one way that they would be able to 19 at least survive and not be too seriously 20 impacted by what is happening up here. I offer 21 that as a recommendation. 22 ACTING PRESIDENT NOZZOLIO: 23 Senator Mendez. 9246 1 SENATOR MENDEZ: Mr. President, 2 I'm going to be very brief. I just want to put 3 the whole situation in perspective. I feel, Mr. 4 President, that the 211 legislators in this 5 state feel very bad that April the 1st came and 6 went and we didn't have a budget for all of our 7 constituents in New York State. We all -- I 8 think we all feel or the ones that have spoken, 9 that they feel very bad about it. 10 But the issue here is -- whether 11 we do not have a budget, the issue here is that 12 it is totally unacceptable to me at the personal 13 and the collective level as a legislator. The 14 implication that this bill whether in a -- in 15 one bill or in two bills shouldn't be voted on, 16 and the reason for not voting for it is that we 17 legislators have not done our job. Mr. 18 President. That is such, in my view, an 19 irrational statement that I shouldn't even be 20 placing so much attention to it, but for the 21 record I wanted to clarify it. 22 Thank you, Mr. President. 23 SENATOR CONNOR: Mr. President. 9247 1 ACTING PRESIDENT NOZZOLIO: 2 Senator Connor. 3 SENATOR CONNOR: Thank you, Mr. 4 President. I would urge all my colleagues to 5 support these emergency appropriations because 6 we've certainly seen in Washington what happens 7 when extremists close down the government. It 8 doesn't inure to the people's benefit nor to the 9 political benefit of the extremists. 10 I agree with some of what has 11 been said here. I quibble and quarrel with some 12 of the nuances of what we've heard. 13 I would remind all of my 14 colleagues that it doesn't take 211 legislators 15 to bring about a budget; that there are 212 16 people involved; that there is someone on the 17 second floor -- the chief executive of this 18 state -- who, frankly, in my opinion, should 19 have declared victory about four or five weeks 20 ago when both houses on a bipartisan basis 21 agreed upon a budget, submitted it to the second 22 floor. It spent less money than last year. It 23 preserved the tax cuts, and it restored needed 9248 1 funding for things that we care about like 2 education, like health care, like support for 3 our elderly and infirm. 4 I don't understand what was wrong 5 with that budget, and I think we have to put the 6 proper focus on it. As of that moment, agreed 7 they were late, but the 211 members of the 8 Legislature had, in effect, brought about the 9 process that resulted in a budget, and it was 10 the Governor who decided for a variety of 11 reasons to say no, and that was well reported in 12 the press, as we know; and in doing that, it 13 seems, from what I have been reading and 14 hearing, the drive was the linkage of a lot of 15 unrelated programmatic, nonbudgetary matters at 16 the insistence of the Governor of this state, 17 and that's why I think all fair-minded New 18 Yorkers believe that its George Pataki's fault 19 that we have broken the record. 20 I hate to see us break the record 21 because records always seem to be the goal the 22 next time out, and every record seems to fall, 23 whether it was the four-minute mile or any other 9249 1 record, consecutive hits, or whatever, and I 2 hate to see us set such a record as we're doing, 3 but I don't think -- I think we have to remember 4 back a few weeks and realize it's not just that 5 we, the legislators, haven't done our job. The 6 Legislature presented the Governor with a budget 7 proposal and he said no. 8 Did he say no about the numbers 9 in that budget? Not from what I can divine - 10 and I say divine because we've all seen a 11 Governor who ran on a program of opening up the 12 process, opening up the budget process, who 13 coined the phrase "three men and a budget," now 14 revert to the most secretive process we've ever 15 seen in this capital. For all his predecessors' 16 faults in this area, he has not only broken the 17 record on time, he has broken the quality record 18 in terms of the secretiveness of this, because 19 in his budget negotiations are programmatic 20 issues that really aren't budget items, and the 21 attempt to link them has delayed this budget to 22 the disadvantage of our localities, of our 23 school districts and will put even more pressure 9250 1 on the local property taxes which we, certainly 2 on this side of the aisle, stand foursquare 3 against shifting any of the responsibilities of 4 the state to the local property taxpayers. 5 But make no mistake about it, Mr. 6 President. We are here on the eve of 7 Independence Day because George Pataki -- who 8 made an on-time budget, who made doing away with 9 three men and a budget in secret, who made an 10 open process the hallmark of his campaign and 11 carried it forward in his first "State of the 12 State" address -- that's why we're here, because 13 he has forgotten what his agenda was for opening 14 up this process and reforming this state 15 government. 16 So, Mr. President, we in the 17 Legislature have been here. We have been 18 working with all of our various responsibili 19 ties. If we have been prevented from dis 20 charging all of them, it is because the process 21 is rotten. The process is secretive and the 22 process excludes in many important respects the 23 people's elected representatives; and if we 9251 1 don't have a budget today, it's because George 2 Pataki didn't know when he had a winner when the 3 two houses presented him with an agreed-upon 4 budget. 5 SENATOR STAFFORD: Mr. 6 President. 7 ACTING PRESIDENT NOZZOLIO: 8 Senator Stafford. 9 SENATOR STAFFORD: Everybody is 10 being so brief here, so I will be very brief. 11 But I was just saying, in negotiations, you do 12 have the Assembly, the Senate and the Governor. 13 That makes three parts. Now, I don't suggest 14 that what was said was gall, but -- but it's 15 three parts, and, Mr. President, I don't want 16 this debate to end without suggesting that there 17 were other areas where suggestions were made and 18 where there were problems in getting together, 19 and that was in the Legislature, and I do have 20 to say I wouldn't be doing my job as everyone is 21 doing their job very well here today if I didn't 22 suggest that it was not in this house, but I do 23 think I should make that point. 9252 1 Thank you. 2 ACTING PRESIDENT NOZZOLIO: Read 3 the last section. 4 THE SECRETARY: Section 38. 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 56. 10 ACTING PRESIDENT NOZZOLIO: The 11 bill is passed. 12 SENATOR SKELOS: Mr. President, 13 at this time, if we could call up Calendar 14 Number 1709. 15 ACTING PRESIDENT NOZZOLIO: 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1709, by the Senate Committee on Rules, Senate 19 Print 7916, an act to amend Chapter 905 of the 20 Laws of 1986. 21 SENATOR SKELOS: Mr. President, 22 is there a message of necessity at the desk? 23 ACTING PRESIDENT NOZZOLIO: The 9253 1 message of necessity is at the desk. 2 SENATOR SKELOS: Move to accept 3 the message. 4 ACTING PRESIDENT NOZZOLIO: 5 Motion to accept the message. 6 All in favor, say aye. 7 (Response of "Aye.") 8 All opposed, nay. 9 (There was no response.) 10 The message is accepted. 11 Secretary will read. Read the 12 last section. 13 THE SECRETARY: Section 11. This 14 act shall take effect immediately. 15 ACTING PRESIDENT NOZZOLIO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 56. 19 ACTING PRESIDENT NOZZOLIO: The 20 bill is passed. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 at this time, on Senate Supplemental Calendar 9254 1 No. 2, would you please call up Calendar Number 2 1705. 3 ACTING PRESIDENT NOZZOLIO: 1705, 4 Supplemental Calendar 2. Secretary will read. 5 THE SECRETARY: Calendar Number 6 1705, by the Senate Committee on Rules, Senate 7 Print 7897, an act to amend the Public 8 Authorities Law. 9 ACTING PRESIDENT NOZZOLIO: Home 10 rule message is at the desk. 11 Call the roll. 12 Senator Paterson. 13 SENATOR PATERSON: Mr. President, 14 might we have a brief explanation on that? 15 Senator Leichter had a question or two and he's 16 left the chamber temporarily. 17 ACTING PRESIDENT NOZZOLIO: 18 Explanation is asked for. 19 SENATOR PATERSON: Senator 20 Leichter is back. Very temporarily. 21 ACTING PRESIDENT NOZZOLIO: 22 Senator Hannon. 23 SENATOR HANNON: Yes, Mr. 9255 1 President. This bill establishes a public 2 benefit corporation in Westchester County, we 3 call it the Westchester County Health Care 4 Corporation, and a public benefit corporation in 5 Nassau County to be called the Nassau County 6 Health Care System, both of which are charged 7 with delivering integrated health care. 8 SENATOR LEICHTER: Mr. President. 9 ACTING PRESIDENT NOZZOLIO: 10 Senator Leichter. 11 SENATOR LEICHTER: Yes. Would 12 Senator Kemp Hannon yield, please? 13 ACTING PRESIDENT NOZZOLIO: 14 Senator Hannon, will you yield? 15 SENATOR HANNON: Yes, Mr. 16 President. 17 ACTING PRESIDENT NOZZOLIO: 18 Senator Hannon yields. 19 SENATOR LEICHTER: Senator, I'm 20 always concerned when at the end of the session 21 we see major bills that apparently have been 22 introduced very recently and when there may not 23 have been opportunity by the affected 9256 1 communities to be involved, to be heard, to 2 consider. Certainly, there has been very little 3 opportunity by the members of the Senate to 4 really give consideration to what seems to be a 5 very major change in the law affecting health 6 services in Westchester County and Nassau County 7 in the way local hospitals are going to be 8 operated. 9 But before I get back to the - 10 well, maybe we ought to do that first. Can you 11 tell us - 12 SENATOR HANNON: Mr. President, 13 is there a question that's being directed to 14 me? 15 ACTING PRESIDENT NOZZOLIO: 16 Senator Leichter, is there a question? 17 SENATOR LEICHTER: Indeed there 18 is, Mr. President. 19 Could you tell us, Senator, when 20 this bill first came into being, have there been 21 any hearings held on it, what the purpose of 22 bill is? 23 SENATOR HANNON: Both of these 9257 1 measures are supported, Mr. Leichter -- Senator 2 Leichter, by home rule messages. In order to 3 pass a home rule message, the local government 4 affected must have a public hearing, must have a 5 vote by their local legislative body, have that 6 message signed by their chief executive 7 officer. So each of these are subject to the 8 hearings of their localities. 9 SENATOR LEICHTER: Was this bill 10 considered by the Health Committee, your 11 committee or the committee in which you are 12 chairman? 13 SENATOR HANNON: It was 14 considered by myself and the staff. It was 15 introduced by Rules, put into Rules, and the 16 fact that I am carrying it means that it has our 17 support. 18 SENATOR LEICHTER: But, Senator, 19 you make it sound like, you know, "I am the 20 Health Committee." My question was whether the 21 Health Committee -- not in any way denigrating 22 your very important role in that committee, but 23 you are not the only member of that committee. 9258 1 ACTING PRESIDENT NOZZOLIO: 2 Senator Hannon, do you continue to yield? 3 Senator Hannon continues to 4 yield. 5 SENATOR HANNON: Senator, as you 6 well know from the rules of this house that 7 committees are closed down. When bills are 8 introduced, they are introduced through the 9 Rules Committee. The bill was considered by the 10 Rules Committee and reported to this floor. To 11 the extent that the rules have been complied 12 with, you now have the extent if you have 13 questions on the substance part of this to 14 direct them at me. 15 If you want to direct them in 16 regard to the procedure, I mean I can only tell 17 you that every procedure that is applicable has 18 been followed to the exact detail. 19 SENATOR LEICHTER: Senator, if 20 you would continue to yield then. 21 ACTING PRESIDENT NOZZOLIO: 22 Senator Hannon, do you continue to yield? 23 SENATOR HANNON: Yes. 9259 1 ACTING PRESIDENT NOZZOLIO: 2 Senator Hannon yields. 3 Senator Leichter. 4 SENATOR LEICHTER: Then the 5 answer is it was never considered by the Health 6 Committee as such but was considered by you, 7 your staff and the Rules Committee. 8 SENATOR HANNON: Senator 9 Leichter, if I give an answer, that's my 10 answer. If you want to characterize it -- don't 11 characterize it. Just say it's your opinion 12 that it hasn't. Staff has looked at this. We 13 have consulted with people who are familiar with 14 health care systems. We feel that we have tried 15 to lend the expertise as best possible. 16 SENATOR LEICHTER: Okay. 17 Senator, was any hearing held by any legislative 18 committee, whether yours or in the Assembly on 19 this measure? 20 SENATOR HANNON: As we have not 21 had hearings in regard to many of the other 22 important issues such as the whole hospital 23 reimbursement system, no, it wasn't held on 9260 1 this, either. It's been the subject of 2 considerable articles in each of the 3 localities. It's been subject to considerable 4 scrutiny. Both of the legislative bodies that 5 gave home rule messages, I believe, are 6 bipartisan. People have had ample opportunity 7 to have input on this. 8 To the extent that this meets all 9 of what I would think to be the desired 10 opportunities for people to comment, that has 11 taken place, shaped it. These are not the 12 proposals that came up here originally. They 13 were shaped by different parts of the 14 legislative system for input for better ways to 15 do it, et cetera. I think we have come out with 16 a product that will meet what needs to be met in 17 each of the communities which is that as we move 18 forward into a different system of health care 19 delivery, we find that the municipal framework 20 that they are subject to no longer allows them 21 to have the flexibility to compete, no longer 22 allows them to have the same level playing field 23 that other hospitals that may be just miles way 9261 1 have and, without these changes, they would be 2 literally left in the dust. 3 SENATOR LEICHTER: Mr. President, 4 if Senator Hannon would continue to yield. 5 ACTING PRESIDENT NOZZOLIO: 6 Senator Hannon, do you continue to yield to 7 Senator Leichter? 8 SENATOR LEICHTER: Senator, let's 9 put the process aside. Certainly to my 10 satisfaction, unfortunately, the answer that I 11 elicited from you was that the process was, at 12 best, a very closed one, possibly a hurried one, 13 and certainly not the openness that I would like 14 to see that we consider important pieces of 15 legislation. 16 But let's turn to some of the 17 substance and since the first time I saw the 18 bill was maybe a half hour ago -- it's a bill of 19 some 40 pages -- I can't say that I'm expert on 20 it. In fact, I really have a need to know much 21 more about it, but the one thing that struck me, 22 Senator, and I want to ask you about, why the 23 difference between the way Nassau is treated and 9262 1 the way Westchester is treated and specifically 2 why in Nassau are the members of the board of 3 directors of this new health care corporation 4 appointed by the county executive? In 5 Westchester, I believe eight out of the fifteen 6 members of the board of directors are appointed 7 by the Governor. Why that difference? 8 SENATOR HANNON: Those are the 9 ways the bills came to us as were shaped by the 10 various channels that they went through; namely, 11 for Nassau, that's the way that the county 12 government submitted it to us and this is the 13 way for Westchester that both the county in the 14 process -- they have been heavily involved with 15 Assemblyman Brodsky in the Assembly in regard to 16 shaping this, and I had asked that very same 17 question as regards to, Why do you have a 18 majority of the members of the board in 19 Westchester appointed by the Governor? and the 20 answer to me was, "It was Assemblyman Brodsky 21 insisted upon that"; and in speaking with the 22 folks from the Westchester Hospital, in the 23 course of the conversation -- I didn't bring it 9263 1 up -- they said, "Well, we would love to have 2 the procedure in Westchester that is in the 3 Nassau portion," but that the -- I said, "No, if 4 you have gone through the whole process and Mr. 5 Brodsky wanted it that way, we're not going to 6 interfere with that whole process," and as a 7 result -- when they did do the home rule, that's 8 the way they sent us the home rule. So we have 9 two different entities for -- I don't think 10 there's many other differences -- have picked 11 out just that difference and are supporting 12 that. 13 SENATOR LEICHTER: Mr. President, 14 again through you, if Senator Hannon will 15 continue to yield. 16 Well, Senator, that is why I 17 think the process is so important and that's why 18 I started out on process because if there had 19 been hearings, if the Health Committee had been 20 involved, maybe you wouldn't have found yourself 21 in a situation where I think, very uncharacter 22 istically, as I hear you say it, you sort of had 23 to act as a rubber stamp. Well, Nassau wanted 9264 1 it this way - 2 SENATOR HANNON: Excuse me, Mr. 3 President. I -- first of all, I resent the 4 innuendo of rubber stamp. I resent the innuendo 5 that there has not been a sufficient amount of 6 time. This bill has been in a week. If you 7 haven't looked at your introductions and read 8 the bills as they are introduced -- we have had 9 a sufficient amount of time. I have passed a 10 score of bills on this floor this session within 11 the last two weeks that have gone through the 12 exact same process. Would I have liked to have 13 had more time? I'd like to have more time on 14 all of them, but there are important issues to 15 deal with, and this is one of many of the 16 important issues we have to deal with. 17 The bill is before you. If you 18 would like to talk about the substance, I would 19 be highly desirous to do that here on the floor, 20 in private. No one is withholding anything from 21 you, and so the innuendo that there is something 22 flawed with the process is a highly great one to 23 do if you are in the minority. I was in your 9265 1 shoes exactly for many years, had the position 2 that Senator Paterson has. But it doesn't work, 3 especially when you have someone as feisty as me 4 willing to say it. 5 SENATOR LEICHTER: Mr. President, 6 if Senator Hannon will continue to yield. 7 ACTING PRESIDENT NOZZOLIO: 8 Senator Hannon, do you continue to yield? 9 SENATOR LEICHTER: Senator, let 10 me make it very clear. 11 ACTING PRESIDENT NOZZOLIO: 12 Senator continues to yield. 13 Senator Leichter. 14 SENATOR LEICHTER: Let me make it 15 very clear. There is no innuendo at all. There 16 is a direct, clear, explicit statement that the 17 process is very flawed, and I was just trying to 18 point out that you had somewhat confirmed it by 19 saying, well, Nassau came up with this proposal, 20 Westchester with this proposal and, you know, 21 within a week, and so on, and this is how we 22 accepted it. 23 I want to say I think that is un 9266 1 characteristic of what I know is not only the 2 great intelligence that you bring to your 3 position -- I say that very sincerely -- but 4 your activism and your understanding of the 5 issues. 6 But, Senator, let me continue by 7 asking you this. The fact that the Nassau 8 board, as I understand it, would not be a state 9 board because you don't have any appointments by 10 the Governor, and so on, would that mean that 11 that board, for instance, and that corporation 12 is not subject to the state Ethics Law whereas, 13 in Westchester, because it is a state board, it 14 would be subject to the state's Ethics Law? 15 SENATOR HANNON: The local ethics 16 laws -- well, first of all, the Westchester 17 board would be directly subject to the state law 18 but the Nassau board would be indirectly subject 19 to it, because the locality must pass a local 20 ethics law that is in conformance with the state 21 law. They have done that. It is the same as 22 the state law, so as a practical effect, the 23 disclosure and the rules are the same for both 9267 1 members. 2 SENATOR LEICHTER: Again, if 3 you'll continue to yield. 4 ACTING PRESIDENT NOZZOLIO: 5 Senator Hannon, do you continue to yield? 6 SENATOR HANNON: Yes. 7 ACTING PRESIDENT NOZZOLIO: 8 Senator Leichter. 9 SENATOR LEICHTER: If I 10 understand what you are saying, is that 11 Westchester is automatically subject to the 12 state Ethics Law; Nassau was not, but that the 13 county legislature has passed or incorporated 14 for this purpose or made this corporation 15 subject to the state Ethics Law? 16 SENATOR HANNON: My answer is, 17 based on the best memory that I have, based on 18 the 1987 statute that we passed, that we 19 required local governments to have an Ethics Law 20 that is substantially the same as -- and there's 21 very tight bands around it -- as the state, and 22 the County of Nassau has passed such a law. So, 23 therefore, as a practical effect, they have the 9268 1 exact same provisions. These are, by the way, 2 unpaid boards of directors, members of the board 3 of directors. 4 SENATOR LEICHTER: If you would 5 continue to yield. 6 Unpaid or not, when you carry out 7 an important public function, I know you agree 8 with me that we want people subject to the 9 highest ethical standards. 10 But let me ask you, for the 11 Nassau Health Care Corporation, are there any 12 provisions in there for minority and women 13 business as I believe there are applicable to 14 the Westchester corporation? 15 SENATOR HANNON: I'm not aware of 16 any specific set asides or formulas like that. 17 SENATOR LEICHTER: Let me just 18 ask you, is there a difference between 19 Westchester and the rules that apply to the 20 Westchester corporation and that would apply to 21 the Nassau corporation? 22 SENATOR HANNON: In terms of 23 procurement? 9269 1 SENATOR LEICHTER: My 2 understanding is that the Westchester board, by 3 virtue of the gubernatorial appointment, is 4 subject to provisions of state law whereas 5 Nassau would not be, and one of those would be 6 the laws that we have relating to minority and 7 women business enterprises. 8 SENATOR HANNON: Well, I can see 9 your logic of the question. I'm not so sure I 10 agree with its relevance. We have made Nassau 11 subject to the same procurement statutes as in 12 Westchester. It's certainly subject to many of 13 the public bidding things, but I'm not so sure 14 that in terms of level playing field for its 15 competition with hospitals nearby that I would 16 want that type of provision in there when you 17 are buying syringes and medical equipment and 18 oxygen tanks and things like that, Senator. 19 That's a discussion that I think is not one you 20 would want to really pursue down the road. I 21 mean it just doesn't seem to me to make sense. 22 SENATOR LEICHTER: If you would 23 continue to yield. 9270 1 Really what I'm trying to do, 2 Senator, with your help, is to show to our 3 colleagues and try to understand if there is any 4 rationale or any valid public policy reason for 5 treating Nassau and Westchester differently, and 6 we've pointed out - 7 SENATOR HANNON: What is it - 8 well, look. We put these bills together because 9 we want both to pass. We're talking the policy 10 making decisions of the process from both, and 11 if there are differences, so be it. But they 12 are not -- they do not go to the essence. The 13 essence is to create integrated delivery systems 14 in both counties. That is the essence. 15 To the extent you want these 16 people to operate as if they're a Dormitory 17 Authority or facilities construction authority, 18 I think they have different missions, and the 19 point you raise about minority and women 20 business enterprises, I don't think really are 21 applicable. What does that have to do when you 22 are dealing with medical equipment? 23 SENATOR LEICHTER: Mr. President, 9271 1 again, if Senator Hannon will continue to 2 yield. I think the difference is to try to 3 understand why, again, a health corporation 4 that's being established in Westchester is so 5 radically different from one being established 6 in Nassau, and I don't -- I don't know whether 7 it's an answer, Senator, to say, "Well, they 8 both have the same mission." If they both have 9 the same mission, why don't they have the same 10 terms? 11 Let me ask you about another 12 difference. 13 SENATOR HANNON: Well, then your 14 point is -- first of all, it was -- in your 15 question, you try to summarize up and again 16 mischaracterize my answer by using the phrase 17 "radically different". I would beg to tell you 18 that that's your characterization. That's not 19 mine. I think 99 percent of the terms are 20 exactly the same. 21 The next point is, in terms of 22 getting an answer to this, is that these are 23 both patterned off of the Health and Hospitals 9272 1 Corporation of the city of New York, but they 2 are not the same, mainly because the world of 3 health care changed, and they are not the same 4 also because there are just different 5 geographical things. We don't make all local 6 governments fit into ticky-tacky boxes that are 7 identical, because they are not. They have 8 different needs and different concerns. 9 So we pass a whole panoply of 10 laws that allow for vast differences. These 11 don't happen to be vast differences. They are 12 minor points that the localities wanted, so I 13 don't think that you are going to be successful 14 in trying to establish a point that somehow one 15 or the other should have been the same. We did 16 make them the same for some things such as 17 dealing with labor so that the individual labor 18 unions would not have any objections to these, 19 but there are other points that we allow for 20 variety. 21 SENATOR LEICHTER: Mr. President, 22 through you, if Senator Hannon will yield. 23 ACTING PRESIDENT NOZZOLIO: 9273 1 Senator Hannon, do you continue to yield? 2 SENATOR LEICHTER: If you will 3 continue to yield. 4 SENATOR HANNON: Yes. 5 ACTING PRESIDENT NOZZOLIO: 6 Senator Hannon continues to yield. 7 Senator Leichter. 8 SENATOR LEICHTER: Maybe your 9 definition and mine of "significant differences" 10 -- and even "radical differences," are somewhat 11 at variance with mine. But I would say -- if in 12 one you have a board where the Governor appoints 13 eight of fifteen and in the other one the 14 Governor makes no appointments, I would say 15 that's a pretty big difference. 16 But let me ask you about another 17 difference, Senator. I understand that the 18 Westchester board for the transfer of property 19 that requires the two-thirds vote of the local 20 legislative body, that -- two-thirds of the 21 county board of legislators. I am advised there 22 is no similar provision for Nassau County. Why 23 that difference? 9274 1 SENATOR HANNON: The ordinary 2 model public benefit corporation -- if you can 3 say there's a model, but the general one doesn't 4 have that in. But the board of legislators of 5 the county of Westchester said that they did 6 want that in, so it was included. 7 SENATOR LEICHTER: Well, Senator, 8 if you will continue to yield. I mean shouldn't 9 we try to have uniform laws when we set up these 10 sort of new corporations? They certainly are 11 new, and we appreciate how much is changing in 12 the health care field, and maybe this is the 13 direction to go. But why have these widely 14 differing approaches? 15 I just don't understand it. If 16 you are saying to me that's what the local 17 legislative body wanted, I mean -- again, I 18 don't mean to say you are a rubber stamp. Far 19 from it. But we certainly look at what the 20 localities request of us, and maybe it makes 21 sense, and maybe it doesn't. But why make this 22 difference between Westchester and Nassau? I 23 still don't understand it. 9275 1 SENATOR HANNON: Senator, despite 2 your use of value-laden, politically-charged 3 words, your question really shows an 4 unfamiliarity with what's going on in health 5 care. Some place later on in this session as a 6 stand-alone bill or as part of a health care 7 reform act of 1996 is a successor to the NYPHRM 8 act. I hope to see provisions in there with 9 regard to provider service networks, and one of 10 the things that we have had to hammer out is 11 what type of provider service network are we 12 going to dictate be present, and we found out 13 that there is in the states such a wide variety 14 of different networks, such a wide variety of 15 different combinations that we ought not to lock 16 them in. So that when we're trying to take 17 these two localities, take their hospitals, 18 unfetter them and unshackle them from municipal 19 rules, still keep them within the grounds of 20 regulation by the Insurance Department and the 21 Health Department of this state so they can move 22 forward but do so in a reasonable way, in a way 23 that we can be assured that both the public 9276 1 trust and the public goals will be met, no you 2 don't lock them into some type of straitjacket 3 but you do it within a regulatory framework that 4 can give us as legislators and our constituents 5 as patients the assurance that what is going to 6 take place will be reasonable and good health 7 care. 8 SENATOR LEICHTER: Mr. President, 9 again if Senator Hannon will be good enough to 10 continue to yield. 11 ACTING PRESIDENT NOZZOLIO: 12 Senator Hannon, do you continue to yield? 13 Senator Hannon continues to 14 yield. 15 SENATOR LEICHTER: Senator 16 Hannon, I have no problem with that particular 17 formulation, and I think most members would 18 agree as long as we can understand and see a 19 reason for these differentiations. But unless I 20 have missed it, I don't think you have explained 21 to me what it is about health care in Nassau as 22 distinguished from health care in Westchester 23 which justifies the differences in the 9277 1 approaches of the two corporations we've seen, 2 particularly one which I consider is a very 3 great difference, and that is gubernatorial 4 appointments. Can you tell us what it is about 5 the nature - 6 SENATOR HANNON: The local 7 governments each, respectively, decided that 8 they wanted those items, and I think in their 9 judgment -- we're not to supercede the judgment, 10 the collective judgments of the executive 11 branch, the legislative branch, of those two 12 large sophisticated counties and that, to my 13 mind, after they have had due deliberation of 14 that, is a good enough recommendation. 15 We have made sure that they are 16 within the framework of the state. We have made 17 sure that they are only going to stick within 18 the bounds of this legislation. We have made 19 sure they have to adhere to the Health 20 Department rules. We've made sure they have to 21 adhere to the Insurance Department rules. I 22 think that we should not go farther. 23 To you extensive major 9278 1 differences are simply looked upon to me as 2 reasonable changes and reasonable variations 3 that people can look on and have. 4 SENATOR LEICHTER: Okay. Thank 5 you very much, Senator Hannon, and I appreciate 6 your answering these questions, but I must say I 7 remain unpersuaded about supporting this bill, 8 and I am concerned about process. I think 9 process is very important. I think process has 10 a direct relationship with a work product. 11 I think for bills of this 12 significance, of this importance, to come up 13 this late in the session -- in point of fact, 14 they came to this house after the Majority 15 Leader said we're finished. In fact, you and I 16 -- this may be illusory because, if my memory 17 serves me, we finished on June 18. The Majority 18 Leader summed up the accomplishments of the 19 session; the Minority Leader spoke about the 20 accomplishments of this session. 21 So to come up with a bill that is 22 an extremely important bill -- not only for 23 Nassau and Westchester, it's important for the 9279 1 entire state because of -- as you appreciate 2 probably more so than anybody else -- the 3 interrelationship of what various localities do 4 with what happens statewide and how it serves as 5 a model in the rest of the state. So I'm 6 concerned when I see these major bills come up 7 and, Senator, unlike you, who -- as you 8 indicated, you look at the introductions and 9 read every bill that's introduced at the end of 10 the session. I don't. Maybe I should. I wish 11 I had the time to read them and study it, but I 12 don't know which bill is going to be moved, and 13 so on. 14 The point is that as a body here 15 we don't know what's in a major bill and that 16 disturbs me. At least if I knew that the bill 17 went through the Health Committee, was 18 considered, was aired, was heard, was discussed, 19 that's a safeguard to see that the democratic 20 process works to bring out the best possible 21 legislation. That didn't happen in this case. 22 Then, when I find such 23 differences that I can not understand or explain 9280 1 and it's not sufficient for me to say, "Well, 2 Nassau made this proposal; Westchester made this 3 proposal" -- I mean either we're going to have 4 gubernatorial appointments or we're not going to 5 have gubernatorial appointments. But to have 6 such a -- and I consider it radical -- I use 7 that word intentionally and advisedly - 8 approaches, I think there has got to be some 9 reason and understanding for it. 10 Now, I am told that the Assembly 11 is not going with your bill because they have 12 the same problems that I have. They don't see 13 any reason why Nassau ought to be treated so 14 differently from Westchester County and, 15 frankly, given the histories of the counties and 16 things that happen raises the question whether 17 this is really just a political matter, a 18 political approach that drives this and not any 19 differences in the health care of the two 20 counties which justifies a different approach. 21 I am also told that all the 22 Democrats in the Nassau County Legislature voted 23 against this. I don't know whether it's so or 9281 1 not. It's certainly not determinative of the 2 view that I'm going to take of the bill, but I 3 think it tends to show the political nature that 4 seems to have driven this particular approach 5 for Nassau and how it differs from the approach 6 that we have for Westchester County. 7 I certainly have a lot of unease 8 about these bills, and I think at this time in 9 our legislative session is not the time to pass 10 these sort of bills, not when we can't 11 understand these variations between two 12 counties. 13 ACTING PRESIDENT NOZZOLIO: 14 Senator Paterson. 15 SENATOR PATERSON: Mr. President, 16 if Senator Hannon would yield for just a quick 17 question. Of course, I want to thank the other 18 members of the staff for their patience. 19 Senator Hannon, there seems to be 20 a distinction between the Westchester public 21 benefit corporation and Nassau County with 22 respect to constraints on the transfer of 23 property. Can you explain that for us? 9282 1 SENATOR HANNON: You will have to 2 point out -- Senator Paterson, you will have to 3 point out to me the sections you're referring 4 to. 5 SENATOR PATERSON: Okay. What 6 I'll do is while I'm trying to find that, 7 perhaps I just have this question. Wouldn't it 8 have displayed more foresight to have the public 9 benefit corporations from two different areas, 10 two different counties, to have, as Senator 11 Leichter suggests, been consistent with respect 12 to gubernatorial appointments? And even if 13 there isn't a chance that there will be much of 14 minority or women's business enterprise in the 15 transfer of hospital supplies and perhaps even 16 if there is an ethical system that would mirror 17 the state ethics system, wouldn't it -- at least 18 in terms of the formulation of legislation with 19 respect to events that may occur in the future 20 -- wouldn't it have been more foresighted to 21 have created a kind of scrupulous fairness in 22 drafting of the legislation with respect to that 23 of public benefit corporations that already 9283 1 existed? 2 SENATOR HANNON: No. 3 SENATOR PATERSON: Page 12, 4 Senator Hannon, I think speaks to the 5 Westchester public benefit corporation; page 34 6 is the comparative information for the Nassau 7 County public benefit corporation. There is a 8 two-thirds vote required in the Westchester for 9 the transfer of property, and there's no 10 constraint in the Nassau County version. 11 SENATOR HANNON: It's what each 12 of the local governments wanted. 13 SENATOR PATERSON: But that's my 14 point. As a state and in a situation where 15 there could be ramifications that would have far 16 greater results or harm depending on whether or 17 not there is a constraint on the transfer of 18 property, I would just wonder why as a state we 19 would be granting the status of public benefit 20 corporation with such a divergence of 21 ramifications? 22 SENATOR HANNON: Senator 23 Paterson, I think you and Senator Leichter have 9284 1 the advantage of coming from the great city of 2 New York but also the disadvantage of not 3 understanding the county government laws of this 4 state. 5 Westchester, Nassau, along with 6 Suffolk are the three counties in this state 7 that have very peculiar charters. They were 8 charters passed by this Legislature, put to 9 referendum of each of the counties, approved, 10 respectively, separately by each of the voters. 11 So we have created in essence by state statute 12 their charters. 13 We have recognized vast 14 differences in terms of power, vast differences 15 in terms of how they procure things, vast 16 differences how they go about organizing, having 17 a vote, who gets to which board. We have set 18 those down in 1930 and 1940, so that for over 50 19 years we have recognized vast changes. 20 These little things here are now 21 coming out of those local bodies. I view them 22 in total harmony with the types of differences 23 that we have already recognized and many times, 9285 1 by amendments to those respective charters, 2 ratified. To the extent that there is any 3 difference, I think that they are totally 4 understandable. We do, after all, go for home 5 rule. We do, after all, face charges from your 6 side of the aisle if we are interfering in the 7 home rule powers in one of the counties. 8 What we're trying to do here is 9 simply say to people when you have made that 10 determination and it is a reasonable 11 determination, we will go along with that. 12 SENATOR PATERSON: Thank you, 13 Senator. 14 If the Senator will continue to 15 yield for just one last question. 16 ACTING PRESIDENT NOZZOLIO: 17 Senator Hannon, do you continue to yield? 18 SENATOR HANNON: With the promise 19 that it's the last question. 20 ACTING PRESIDENT NOZZOLIO: The 21 last question, Senator Paterson? 22 SENATOR PATERSON: This is the 23 last question. 9286 1 ACTING PRESIDENT NOZZOLIO: This 2 will be the last answer. 3 Senator Hannon. 4 SENATOR PATERSON: Senator, with 5 respect to constraints on the transfer of 6 property, I would say that you could probably 7 convince me and, as a matter of fact, since you 8 can't have two deputy minority leaders from the 9 same district, that's one of the reasons I moved 10 out because, like Senator Leichter, I have the 11 advantage of being from the great city of New 12 York but, like yourself, I have the advantage of 13 having grown up in Long Island, so I do know a 14 little bit about the Nassau, Suffolk and 15 Westchester County local governments, and I can 16 understand that. 17 But on the issue of minority and 18 women business enterprise and state ethics 19 standards, I would tend to think that they would 20 be more universal and that we would not want to 21 delegate to the local governments the option of 22 adhering or not adhering, even if we don't know 23 the relevant criteria, for fear that some event 9287 1 in the future will come up, and we as a state 2 are not protected because we did not write this 3 into our legislation, and it looks a little 4 inconsistent when you come to those more 5 principled areas. 6 When it relates to the type of 7 situation that you just described in your last 8 answer, I accept it where it comes to the 9 transfer of property. But on certain issues 10 that have plagued individuals in the state for 11 long periods of time or other issues such as 12 ethics, which really should be the standard 13 equally in all jurisdictions, I don't know that 14 I do agree, and so I just wanted you to explain 15 to me how the issues of ethics and of trying to 16 establish equality in business opportunity would 17 be the same as the transfer of property which 18 you just described? 19 And that is my last question and 20 with that, I also wish you, Senator, a happy 21 Independence Day. 22 SENATOR HANNON: We have 23 subjected everybody in Nassau to the Public 9288 1 Officers Law for all purposes and make them 2 public officers and employees for all purposes. 3 Page 30, that subjects them to the Ethics Laws. 4 That subjects them to the exact same provisions 5 in actuality that the people in Westchester get 6 subjected to, and I don't see that there is any 7 difference. 8 SENATOR PATERSON: Thank you, 9 Senator. 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 THE SECRETARY: Ayes 56. 18 ACTING PRESIDENT NOZZOLIO: The 19 bill is passed. 20 Senator Skelos. 21 SENATOR SKELOS: Is there any 22 housekeeping at the desk? 23 ACTING PRESIDENT NOZZOLIO: 9289 1 Senator Leichter. 2 SENATOR LEICHTER: May I have 3 unanimous consent to be recorded in the negative 4 on Calendar 1705, please. 5 ACTING PRESIDENT NOZZOLIO: 6 Without objection. 7 Senator Skelos, there appears to 8 be no housekeeping. 9 SENATOR SKELOS: Mr. President, 10 there being no further business, I move we 11 adjourn subject to the call of the Majority 12 Leader, intervening days to be legislative days. 13 ACTING PRESIDENT NOZZOLIO: 14 Senate stands adjourned. 15 (Whereupon, at 4:03 p.m., the 16 Senate adjourned.) 17 18 19 20 21 22 23