Tuesday, May 6, 1997

3197 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 6, 1997 10 3:06 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 3198 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would you please rise and join 4 with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 The invocation today will be 8 given by Bishop Muriel Grant of the Mt. Olivet 9 Discipleship in Christ from Brooklyn, New York. 10 Bishop Grant. 11 BISHOP MURIEL GRANT: Let us 12 pray. May the infinite power of the Almighty 13 God abide with us now. Bless our land, O God. 14 Give us abundance of increase from labor and/or 15 produce. So rule the hearts of Thy servants, 16 the President of these United States, the 17 governors of states and all others in authority, 18 in so doing to affirm our covenant with You as 19 it was so given at the inception of the Republic 20 for which it stands. May we be so strengthened 21 in Your mind as one nation under God, for in 22 quietness and confidence shall be Your 23 strength. 24 And now, most gracious God, I 25 humbly beseech Thee as for the people of these 3199 1 United States in general but so especially for 2 this Senate here assembled, Republicans and 3 Democrats, bless, O Lord, this, their counseling 4 session. Heal their infirmities. Direct and 5 prosper all Senate consultations, giving them 6 wisdom of laws needed for effective leadership 7 in their advancement of Thy glory, the good of 8 Thy church, the safety, honor and welfare of Thy 9 people, that things ordered and settled by the 10 endeavor of this Senate will rest upon the best 11 and surest foundation, that peace, happiness, 12 truth, justice, religion and piety may be 13 established amongst us for all generations, this 14 being truly indivisible as a nation. 15 These and other necessities for 16 them, for us, the whole church, I humbly beg in 17 the name of Jesus Christ, my most blessed savior 18 and Lord. By the power of God vested in me, the 19 blessings of God, the Father, the Son, the Holy 20 Ghost rest and remain with you now and forever. 21 Amen. 22 THE PRESIDENT: Amen. 23 The reading of the Journal, 24 please. 25 THE SECRETARY: In Senate, 3200 1 Monday, May 5th. The Senate met pursuant to 2 adjournment. The prayer by Rabbi Sholom Stern, 3 Temple Beth-El, Cedarhurst, New York. The 4 Journal of Friday, May 2nd, was read and 5 approved. On motion, the Senate adjourned. 6 ACTING PRESIDENT KUHL: Hearing 7 no objection, the Journal stands approved as 8 read. 9 Presentation of petitions. 10 Messages from the Assembly. 11 Messages from the Governor. 12 Reports of standing committees. 13 The Secretary will read the 14 report of the Finance Committee. 15 THE SECRETARY: Senator Stafford, 16 from the Committee on Finance, offers the 17 following nomination: 18 Member of the New York State 19 Racing and Wagering Board: Michael J. Hoblock, 20 Jr., of Loudonville. 21 ACTING PRESIDENT KUHL: The Chair 22 recognizes Senator Stafford, on the nomination. 23 SENATOR STAFFORD: Mr. President, 24 I'm sure a number of Senator Hob... once a 25 Senator, always a Senator -- Senator Hoblock's 3201 1 colleagues will want to say some very supportive 2 things for a very dedicated public servant. 3 We make a lot of friends in 4 government, Mr. President. Mike Hoblock is 5 always a gentleman. He's always a tireless 6 worker and he's always a dedicated public 7 servant. He served well. He served in the 8 Assembly. He was out of the Assembly for 9 awhile. He had the good judgment -- yeah, good 10 judgment to come back to the Legislature and 11 serve in the Senate. Mike Hoblock always has 12 had time for everyone, everyone. 13 Mr. President, he didn't serve by 14 press release. He didn't serve by looking 15 busy. He's always been busy at anything that he 16 does, whether he's practicing law, whether he's 17 in the Assembly, whether he's in the Senate and 18 he had, as I say, time for everybody. 19 Mike Hoblock made this Senate a 20 better place. He made the Assembly a better 21 place. Serving as County Executive in Albany, 22 and when you're County Executive, the buck stops 23 there and, again, he served with distinction, 24 and from 1985 to 1991, he served on the Colonie 25 Town Board, again with distinction, always 3202 1 having time for everyone and, Mr. President, 2 different than some of us -- and I'm including 3 myself -- always a gentleman, always a 4 gentleman. 5 The Governor certainly is to be 6 complimented to appoint Mike Hoblock as Chairman 7 of the Racing and Wagering Board, a very 8 sensitive position, a position where we need 9 someone who has the ability to handle very 10 sensitive issues and we know he will. He will 11 do it in fairness. He'll do it with distinction 12 and he'll do it with a sense of decency. 13 So, Mr. President, it is my 14 pleasure, together with many others here today, 15 who will have, I'm sure, many things to say here 16 and what I say deserves little more than a 17 footnote. 18 Again, I say it's a pleasure to 19 move his confirmation. I apologize to the 20 Leader. I was called upon and my name was 21 called. I didn't realize you were still here or 22 I would not have spoken first but I just say, 23 again, we're all very, very pleased to add this 24 fine appointment before us and I might say that 25 he passed the Senate Finance Committee and I 3203 1 believe also the -- Senator Larkin's committee 2 today with flying colors. 3 We're honored to have him before 4 us and this state has been a better place 5 because of Mike Hoblock and the state will 6 consider -- continue to be a better place 7 because of Mike Hoblock serving in this very, 8 very sensitive and important position and, 9 again, Mr. President, it is a pleasure for me to 10 join my colleagues in this confirmation. 11 ACTING PRESIDENT KUHL: The Chair 12 recognizes Senator Bruno, on the nomination. 13 SENATOR BRUNO: Thank you very 14 much, Mr. President and Senator Stafford, 15 colleagues. 16 Senator Stafford certainly said 17 the appropriate things and thank you for that. 18 I just want to add my voice to Mike, Karen, to 19 his family, in that Mike has been what all of us 20 can look to as an individual who is committed, 21 dedicated to public service in all of his 22 offices, really, I think culminating his skills 23 in elected office right here in the Senate. 24 The Governor is to be commended 25 because this position, chairing the Racing and 3204 1 Wagering Commission is critically important, 2 especially now over these next several years, to 3 all of the people in this state and we need 4 someone like Mike, with his legislative 5 experience, his executive experience, his 6 experience in business, experience in dealing 7 with very complicated and complex issues. 8 On the racing side alone, we have 9 some huge decisions that will affect thousands 10 of people and literally hundreds of millions of 11 dollars as relates to the people of this state. 12 Gambling, charitable, casinos, a 13 subject that's very, very sensitive, very 14 involved, dealing with Native Americans, takes a 15 person of Mike Hoblock's stature and commitment 16 to deal and cope with issues like this. 17 So I'm very comfortable being 18 here supporting Mike Hoblock, and I look forward 19 to his expanded service on behalf of all of the 20 people of this state, for all the good things 21 that he will do to enhance the quality of life 22 in this position for all of us. 23 Thank you, Mr. President. 24 ACTING PRESIDENT KUHL: The Chair 25 recognizes Senator Larkin, on the nomination. 3205 1 SENATOR LARKIN: Thank you, Mr. 2 President. 3 It's pretty hard to follow the 4 Majority Leader and the Chairman of the Finance 5 Committee, but I guess I can go back to my days 6 joining the Assembly with Mike Hoblock when we 7 came in in the '70s. 8 I've always found Mike Hoblock to 9 be a person who knew how to negotiate and knew 10 how to take up the concerns of somebody else and 11 carry them forward to a successful conclusion 12 for what the goals were. 13 Michael's whole career -- most of 14 us will look around here at his career in public 15 service, but some of us will also look beyond 16 that to look at his career in the Armed Forces. 17 Michael's tours in Vietnam were as an infantry 18 officer in the Marine Corps and as a Judge 19 Advocate. He'd come back home and did things 20 that are community service and everything he did 21 was to promote something good for the people. 22 The Governor's appointment of 23 Mike Hoblock will be very significant for us not 24 only in this chamber but in the other house 25 because he has worked at both houses and so he 3206 1 knows the members. He knows the trials and 2 tribulations that we go through. He knows that 3 there are certain things that must be done and 4 he'll be a worker and a partner with us. 5 As the Senate Majority Leader 6 said, Michael is coming in at a time when 7 there's tremendous changes in racing and 8 wagering. Years ago we never thought about the 9 Internet. Last week in talking with Mike, we 10 went over the problems that are there and what 11 are facing us and his quick willingness was to 12 say, "Well, you know, as soon as I get my feet 13 under my desk for a day, I would like to come 14 down and work together with both committees in 15 both houses and to talk about how we address the 16 issues as a group, not as a single person, not 17 as how I see things that will be done." That 18 characterizes Mike Hoblock, how he has always 19 operated. He has operated to work as a team and 20 to be something that we can all be proud of. 21 When we look at the issues that 22 we started in January with casinos -- we look at 23 riverboats, we look at every aspect of gambling 24 -- this will be all laid at Mike's table and we 25 sure are proud that Mike Hoblock will be leading 3207 1 it and helping us to do the job that's important 2 for all of us. 3 I congratulate you, Mike. I 4 wouldn't want your heartache. 5 ACTING PRESIDENT KUHL: Senator 6 Farley, on the nomination. 7 SENATOR FARLEY: Thank you, Mr. 8 President. 9 I rise to support this nomination 10 and congratulate the Governor on this 11 outstanding selection. 12 You know, racing and wagering 13 requires a person of stature, of impeccable 14 integrity. You know, Mike Hoblock, Senator 15 Hoblock, has served in almost every level of 16 government, town government, county government, 17 the Assembly, the Senate, and all through those 18 years there hasn't been a scintilla of 19 reflection on his character. He's a man of 20 honor, a Bronze Star winner. 21 You know, Mike, as a Capital 22 District Senator, we served together, you and I 23 and Senator Bruno and I'll tell you, the job 24 that you did for Albany County and for this 25 district was remarkable and I'll tell you, in my 3208 1 judgment, they made a dreadful mistake by not 2 returning you because you were one of the finest 3 Senators that ever served here. 4 Let me just say this. I wish you 5 and your lovely wife a wonderful job -- a 6 wonderful career, and I know that I asked you in 7 the Racing and Wagering Committee whether you 8 got her permission for this job and you assured 9 me that you did, but we wish you well. We're 10 very, very proud of you and it's with enthusiasm 11 that I support your nomination. 12 ACTING PRESIDENT KUHL: Senator 13 Libous, on the nomination. 14 SENATOR LIBOUS: Thank you, Mr. 15 President. 16 I too want to rise and speak on 17 the nomination and follow what Senator Bruno and 18 my colleagues have said. 19 Mike Hoblock, who I had the 20 pleasure of serving with and actually got to 21 know a little bit when he was county executive, 22 Mr. President, I am thrilled that the Governor 23 made this decision. You heard a lot of things 24 about Mike and you will hear more before this 25 session is over, but I think the one thing that 3209 1 I can say is that Mike has always treated me 2 with respect and he's a gentleman, a gentleman 3 in dealing with a number of different 4 constituencies. When he served as county 5 executive and spoke to those of us who were in 6 the Legislature during times when we didn't 7 always pass the right piece of legislation that 8 gave counties the added assistance that they 9 needed -- maybe sometimes we put an additional 10 burden on the counties -- Mike would come in, 11 present a very positive case to us; even though 12 he was upset because he had a responsibility to 13 the people he represented, he would still treat 14 us as gentlemen. He would lay out the case and 15 kind of smile and walk out the door. 16 Mr. President, I just want to 17 again applaud the Governor. I think Mike 18 Hoblock will be a tremendous addition and will 19 serve as a fine chairman. 20 ACTING PRESIDENT KUHL: Senator 21 Breslin, on the nomination. 22 SENATOR BRESLIN: Thank you, Mr. 23 President. 24 I rise not as a Democrat but as 25 someone who has known Mike Hoblock for 25 3210 1 years. Mike and I are the same age and have 2 practiced law in this community as friends. 3 Mike Hoblock has been a dedicated 4 public servant for in excess of 20 years, and I 5 think the Governor has made a very wise choice, 6 and I know he will continue to serve the people 7 of New York State as he has in the past, and I 8 share with Mike and his wife Karen and his 9 entire family in applauding the decision. 10 Thank you. 11 ACTING PRESIDENT KUHL: Senator 12 DeFrancisco, on the nomination. 13 SENATOR DeFRANCISCO: I want to 14 also rise and congratulate the Governor. You 15 know, you meet a lot of people in this business, 16 some people who really leave an impression with 17 you, people of outstanding character and 18 integrity and that's why I rise on behalf of 19 this nomination. I think that there's no finer 20 man that I've met in public service than the man 21 who's being nominated for this position. 22 Mike, you're a credit to everyone 23 that has touched -- that you have touched over 24 these years. You are a credit to this state and 25 you're going to be a great credit to the board 3211 1 that you're just going on presently. It's a 2 board which needs someone of unquestioned 3 integrity and of the highest character and the 4 Governor has appointed just the right person for 5 that job. 6 Congratulations and best of 7 everything to you. 8 ACTING PRESIDENT KUHL: Senator 9 Nozzolio, on the nomination. 10 SENATOR NOZZOLIO: Thank you, Mr. 11 President. 12 My colleagues, it has been an 13 honor for me to serve in this great legislative 14 body and in the great legislative body, the 15 Assembly, but for ten years in the Assembly and 16 two years here, that honor was magnified by 17 having the opportunity to stand with, be a 18 member of the same Conference as this nominee, 19 Mike Hoblock. 20 There's an echo going around the 21 chamber this afternoon, an echo that talks about 22 integrity. It talks about leadership. It talks 23 about a man of action. Well, I want to add to 24 that echo because it should resound throughout 25 this chamber that what Governor Pataki has put 3212 1 before us in the nomination of Mike Hoblock is a 2 vote that each and every one of us could look 3 back on at the end of our careers and say that 4 was one of the proudest nominations that we ever 5 endorsed. 6 Senator Bruno said that the times 7 require a person to be Chairman of the Racing 8 and Wagering Board, to be a person of great 9 integrity and one of action, one who understands 10 issues and can work with all areas of 11 government, all areas of the private sector and 12 work out solutions to the number -- the numerous 13 problems which come before this industry, an 14 industry that as I can emphatically say is at a 15 crossroads and there's no one better to deal 16 with its problems and present solutions and work 17 to build coalitions than Mike Hoblock. 18 Mike, it has been an honor to 19 serve with you in the Legislature and I am just 20 very grateful to the Governor for this 21 nomination and grateful to you for giving up 22 what you have had to give up in the private 23 sector to be part of this government. Thank you 24 very, very much. 25 My colleagues, I certainly 3213 1 endorse wholeheartedly the nomination of Mike 2 Hoblock. 3 ACTING PRESIDENT KUHL: Senator 4 Waldon, on the nomination. 5 SENATOR WALDON: Thank you very 6 much, Mr. President, my colleagues. 7 Rarely have I had the sense of 8 good feeling internally about someone that we 9 were going to support in terms of the Governor's 10 recommendation than I have today and my feelings 11 towards Mike Hoblock go way beyond professional 12 recognition of how skilled he is. 13 One, when I was in the police 14 department in the city of New York, I learned to 15 admire and respect those from the Corps who, for 16 the most part when I ran the Academy were the 17 guys who were in charge of the various squads 18 that I had to supervise; two, I watched the way 19 he handled himself when we were both in the 20 Assembly and here in the Senate, always with 21 great dignity, always with great poise, always 22 with a bright and incisive mind. 23 I like him on a personal level 24 for a whole host of reasons. He's affable. 25 He's warm. He's straightforward. He's always 3214 1 dealt with me arm's length and in an honest 2 fashion, and so I think that this is one of our 3 proudest moments, to see someone who came up 4 from the Assembly, to be an executive at the 5 county level, to come back into the legislative 6 process here in the Senate and then after a very 7 difficult, I'm sure, experience in his last 8 campaign, to come back to serve the people of 9 the state of New York, and so I am awfully proud 10 today to be able to say that I was one of those 11 who seconded the nomination of a great person 12 from New York State who will do, in my opinion, 13 an exemplary job as our new commissioner/ 14 director of racing for the state of New York, 15 the Honorable Michael Hoblock, a Marine, a real 16 man. 17 ACTING PRESIDENT KUHL: Senator 18 Connor, on the nomination. 19 SENATOR CONNOR: Thank you, Mr. 20 President. 21 Let me say on my behalf 22 personally, and I know I speak for my Democratic 23 colleagues who may not be available to speak 24 today, that we are delighted to support this 25 nomination, having served with Mike Hoblock, 3215 1 some of us, for a number of years in the 2 Legislature when he was in the other house and 3 when he was a colleague here, that we certainly 4 all learned to respect Mike Hoblock. 5 We respected his integrity, his 6 honesty, his hard work, his straightforward 7 demeanor and his -- you know, when we stress all 8 these virtues, we sometimes leave out that 9 someone is without humor and I know Mike is 10 quite the contrary. He's someone who is also an 11 enjoyable companion for conversation and good 12 humor. I'm certainly happy to support his 13 nomination. I'm confident he'll do a good job 14 at Racing and Wagering. 15 Mike, if I can, you know the 16 vicissitudes of partisan politics, no one worked 17 harder than I did -- well, with one exception - 18 to get you this higher paying job. We wish you 19 well in your future endeavors and we certainly 20 know you will do a fine job. 21 ACTING PRESIDENT KUHL: Senator 22 Maziarz, on the nomination. 23 SENATOR MAZIARZ: Thank you, Mr. 24 President. 25 Mr. President, when I was first 3216 1 elected in a special election back in March of 2 1995 -- it seems so long ago -- one of the many 3 people in this chamber who, I think, really went 4 out of his way to make me feel welcome and to 5 help me out during the hectic days of that first 6 couple of months in the Legislature -- and I was 7 elected on a Tuesday and took office on a 8 Thursday -- was Mike Hoblock, and I just want to 9 join in seconding this nomination, Mike, and 10 congratulate you and your family. I know you're 11 going to do a tremendous job. 12 I want to be among the first of 13 my colleagues from Western New York to invite 14 you to come out to Western New York, Mike, and 15 meet with some of the volunteer fire companies 16 and some of the bingo organizations to talk 17 about the new bell jar legislation. 18 So thank you. 19 (Laughter) 20 ACTING PRESIDENT KUHL: Senator 21 Tully, on the nomination. 22 SENATOR TULLY: Thank you, Mr. 23 President. 24 Mike, you know that all your 25 colleagues miss you and we couldn't be happier 3217 1 that you're getting this assignment. 2 I think you know that I'm opposed 3 to gambling and wagering and you won't be 4 getting any legislation or have to look at any 5 legislation that I propose in that area, but I 6 know for the people that I represent, that we 7 can sleep comfortably at night knowing that 8 someone of the great wisdom and intellect that 9 you have and all of the things that have been 10 said about you by my colleagues, primarily the 11 fact that they can trust you and the people can 12 trust you, I think my people can go to sleep and 13 feel safely that someone like you is there and I 14 wish you good luck and Godspeed. 15 ACTING PRESIDENT KUHL: Senator 16 Gold, on the nomination. 17 SENATOR GOLD: Mr. President, I 18 will be very brief, and I didn't really want to 19 have to break into this but aside from the fact 20 that we are confirming Senator Hoblock in this 21 job, we are also showing some students from 22 Queens County that all that happens in the 23 Legislature is not necessarily adversarial and 24 that there is respect that goes from one side of 25 the aisle to the other and we have today 30 3218 1 students from Queens who were brought here from 2 the Queens County Bar Association, led by Judge 3 Peter O'Donoghue and by Judge Daniel Lewis and 4 president of the Bar Association, Stephen Singer 5 and the executive director, Arthur Terranova and 6 I am glad they are in Albany and we do do bills 7 at some point, but this process is one by which 8 the Governor proposes and we have the right to 9 confirm and what you're seeing is the Minority 10 Leader of the Senate, a Democrat, getting up and 11 Senator Waldon, a Democrat, getting up and 12 saying things which ought to be said about a 13 former Republican colleague who is nominated by 14 the Governor, and once we get away from some of 15 the issues which can make some of us 16 cantankerous -- certainly not me -- we -- or 17 Senator Stafford -- we do try to respect the 18 human being past some of the political ideas and 19 if we can only break people like Mike Hoblock 20 away from their political philosophies, we find 21 a gentleman and a very decent guy, and I think 22 that he will do a fine job in his new position 23 and I hope he's there for a long, healthy period 24 of time and that it brings joy and good things 25 for him and his family. 3219 1 ACTING PRESIDENT KUHL: Senator 2 Meier, on the nomination. 3 SENATOR MEIER: Thank you, Mr. 4 President. 5 I did not have the privilege of 6 serving in this body with Mike Hoblock, but I 7 did have the honor of calling him my colleague 8 as a fellow county executive and during that 9 time, Mike Hoblock set the standard. He set the 10 standard for high personal integrity. He set 11 the standard for working hard and he set the 12 standard for being a tough-minded administrator, 13 and I think all of that shows you why the 14 Governor has nominated him for this position and 15 why everyone in this body, I think, is so proud 16 to support that nomination. 17 So as a former county executive 18 myself, Mike, it's nice to see a kid from the 19 old neighborhood doing well. God bless! 20 ACTING PRESIDENT KUHL: Senator 21 Seward, on the nomination. 22 SENATOR SEWARD: Thank you, Mr. 23 President. 24 One of the real pleasures of 25 serving in this Legislature and in this Senate, 3220 1 in particular, is getting to know both 2 personally and professionally my colleagues and 3 high on my list always will be Mike Hoblock as a 4 colleague and as a friend. 5 It's already been said so well by 6 so many of the members here today. Mike Hoblock 7 is a man of integrity, a man of intelligence, 8 conscientious, hard working, a true leader, a 9 tough administrator. The bottom line is Mike 10 Hoblock epitomizes what is best in public 11 service and by bringing all of these attributes 12 and qualities to the Racing and Wagering Board, 13 there's no question in my mind that the racing 14 industry will be better because of Mike 15 Hoblock's leadership. All the other entities 16 that come under the Racing and Wagering Board 17 will be better because of Mike Hoblock's 18 leadership and the people of this state will be 19 better because of his leadership and activity on 20 that board. 21 So, Mike, I simply rise to 22 congratulate Governor Pataki on an outstanding 23 choice, to congratulate you and Karen and the 24 rest of your family. We wish you all the best, 25 and Godspeed. 3221 1 ACTING PRESIDENT KUHL: Senator 2 Leibell, on the nomination. 3 SENATOR LEIBELL: Mr. President, 4 I'm one of a number of people in this chamber 5 who had the good fortune to serve with Mike 6 Hoblock not only in this chamber, in the Senate 7 but also in the other house, in the Assembly, 8 and over the course of years, I can tell you 9 I've built up a great deal of respect, respect 10 for Mike Hoblock as an innovative legislator, as 11 a man of great integrity and also as an 12 individual with great energy. 13 Mike, I know you're going to have 14 a very successful career. I congratulate our 15 colleague and our friend, George Pataki, the 16 Governor, for sending us a man of your stature 17 to fill this very important position. 18 Godspeed, Mike. 19 ACTING PRESIDENT KUHL: Senator 20 Maltese, on the nomination. 21 SENATOR MALTESE: I rise together 22 with my colleagues to commend the Governor on 23 this fine appointment. 24 A position of this sort requires 25 the utmost in integrity and dedication as has 3222 1 been indicated here, experience. Certainly if 2 one were to search through the credentials or 3 resumes of prospective applicants throughout the 4 state and beyond the state, they would find no 5 person more qualified than Mike Hoblock, as has 6 been indicated especially by Ray Meier who has a 7 unique vantage point as a former county 8 executive and as a Senator to realize the 9 potential and the experience and the depth of 10 experience, depth and breadth of experience of 11 Mike Hoblock. This is a position that cries out 12 for the type of dedication, experience and 13 background that Mike Hoblock has. 14 I too commend the Governor and 15 congratulate Mike and his family and wish them 16 Godspeed. 17 ACTING PRESIDENT KUHL: Senator 18 Alesi, on the nomination. 19 SENATOR ALESI: Thank you, Mr. 20 President. 21 As a relatively new member of 22 this Senate, I remember my first few days coming 23 here and knowing some of the people and not 24 knowing some. As I stand here, I look up at 25 Mike Hoblock. That's an easy thing for me to 3223 1 do, not just here today presently looking up at 2 you, Mike, but throughout the last year and a 3 half that I have had the honor and privilege of 4 serving here in the Senate. 5 Senators, as I arrived the first 6 day in Conference, I had a hard time finding a 7 seat, and it was Mike Hoblock that actually 8 offered me his seat before the Leader let me for 9 one day go over and sit next to him and I 10 remember that, Mike. That's the kind of 11 gentleman he is, the kind of Senator he is. 12 It's the kind of person he is, and I watched 13 throughout the last several months before Mike 14 went on to now bigger and better things. You 15 are the benchmark for me, Mike, and I applaud 16 the Governor's selection and I'm sure that 17 you'll do an exceptional job in your new 18 endeavors just as you did in your previous 19 endeavors, and it's a pleasure and a privilege 20 to see you moving on. 21 ACTING PRESIDENT KUHL: Senator 22 Lachman, on the nomination. 23 SENATOR LACHMAN: Yes. I also 24 wanted to rise at this point to commend the 25 Governor on the appointment of Senator Hoblock 3224 1 to this important position. 2 I think the civility and the 3 basic decency and intelligence that Senator 4 Hoblock exhibited in his many years of public 5 service not only continue but today serves as a 6 prototype for the men and women of this chamber 7 into the future because we have many, many 8 difficult political issues that have not been 9 resolved as yet, and I think the basic civility 10 and decency of the remarks of Democrats and 11 Republicans in your honor, Senator, can be a 12 reflection of how we unravel some of the 13 political problems that face us in the future. 14 ACTING PRESIDENT KUHL: Senator 15 Holland, on the nomination. 16 SENATOR HOLLAND: Mr. President, 17 I did not have an opportunity to work with 18 Michael when he was in the Assembly but as 19 Chairman of the Social Services Committee, I did 20 have an opportunity to work with him when he was 21 county executive and certainly had an 22 opportunity when he was here in the Senate. 23 He's a very competent, capable 24 young man. I know he will do an excellent job 25 in his new job, and I want to congratulate 3225 1 another former Marine, and it was nice to see 2 Larkin choke when he said that about you, 3 Michael. 4 Good luck. 5 ACTING PRESIDENT KUHL: Is there 6 any other Senator wishing to speak on the 7 nomination? 8 Senator Johnson. 9 SENATOR JOHNSON: Yes. Mr. 10 President, I certainly would like to add my 11 words of commendation to the Governor for 12 sending us this nomination. Mike Hoblock is an 13 exceptional person and before Joe Holland got 14 up, I wanted to say semper fi' to Mike; you're a 15 great guy. I wish you the best of luck. 16 ACTING PRESIDENT KUHL: Senator 17 Levy, on the nomination. 18 SENATOR LEVY: Thank you very 19 much, Mr. President. 20 I'm delighted to rise with my 21 other colleagues on both sides of the aisle and 22 congratulate Mike Hoblock, who is a great 23 Senator. He's going to just be the greatest 24 chair of this organization that you're going to 25 head. We miss you. We wish you well and the 3226 1 Governor is to be congratulated on just an 2 extraordinary appointment. 3 Thank you very much, Mr. 4 President. 5 ACTING PRESIDENT KUHL: Senator 6 Stachowski, on the nomination. 7 SENATOR STACHOWSKI: I too would 8 like to rise and congratulate the Governor on 9 the selection of Mike Hoblock. I think that 10 with all the racing questions that are coming 11 up, the fairer treatment for horsemen by the 12 OTBs, better treatment for the tracks by OTBs 13 and some of the other gambling issues, I think 14 that Mike will be the kind of guy that will be 15 open and we will be able to talk to with our 16 concerns, as well as the concerns of 17 constituents, and I would like to say that 18 although I didn't serve in the Assembly with 19 Mike Hoblock, when Mike Hoblock was in the 20 Assembly, he and I were two of the few guys that 21 used the gym when nobody else wanted to go into 22 it when all that fancy equipment wasn't in 23 there, if you want to call what we have fancy. 24 So we have a different kind of relationship, and 25 I would just like to congratulate the Governor 3227 1 and say that I think Mike will make a great 2 commissioner. 3 ACTING PRESIDENT KUHL: Senator 4 Onorato, on the nomination. 5 SENATOR ONORATO: Mr. President, 6 I rise to join my colleagues in congratulating 7 the Governor on a wonderful selection. I served 8 with Mike Hoblock on the Veterans Committee and 9 I can assure you, Senator Hoblock knows exactly 10 where the finish line is, and I'm going to send 11 him the latest book that I just finished 12 writing, "How to Limit Your Losses at the 13 Track." 14 Congratulations, Mike, and good 15 luck to you. 16 (Laughter) 17 ACTING PRESIDENT KUHL: Is there 18 any other Senator wishing to speak on the 19 nomination? 20 Senator Marchi. 21 SENATOR MARCHI: I just can 22 imagine how Mike Hoblock is reacting to all of 23 this. Here on a bipartisan basis with genuine 24 empathy, they're all professing the 25 consideration they want extended to you while 3228 1 you are here with us in this chamber, and that 2 even included your old opponent, Senator 3 Breslin. So that really it's a universal voice 4 in this setting. 5 Does he have the honor? Does he 6 have the expertise? Does he have the capability 7 of handling a situation? Well, he's proven that 8 time and time again. 9 One day I was asked to go before 10 a women's group up in Albany. They were having 11 a national conference and you, Senator, were - 12 had legitimate reasons for not being there. You 13 had some circumstances that had arisen. Well, I 14 was asked to substitute and, you know, I 15 revisited that splendid career that 16 characterizes him. 17 Mention, I think was made by 18 Senator Farley about the combat star. He was a 19 Marine captain. He's a combat veteran and 20 that's how he got his Bronze Star. He was 21 willing to -- or available to putting his life 22 on the line in the defense of freedom. 23 So with an individual like that, 24 I believe the past is prologue and it was proven 25 by his service in this chamber but it also 3229 1 suggests to me -- and I hope you're listening, 2 Mike -- you're not like me. You're a young 3 fellow. So I don't believe that things will 4 stop there. I wish you better and better things 5 as time moves on because you've got the 6 quality. You've got the commitment, the 7 patriotism. You've got all of those 8 characteristics that make for a splendid 9 performance at even higher levels and I'm sure 10 they're going to come your way. 11 So with that, Mr. President, I 12 know that we are approaching a unanimous 13 expression of our feeling for this great person, 14 and I hope that he treasures this moment since 15 it grew out of primarily his service here. It 16 was so much more beyond his own participation in 17 our work, going back decades, and I know that 18 this will be reflected in future performances. 19 So I do hope that we come through 20 with a unanimous verdict. 21 ACTING PRESIDENT KUHL: Is there 22 any other Senator wishing to speak on the 23 nomination? 24 (There was no response.) 25 Is there any other Senator 3230 1 wishing to speak a second time on the 2 nomination? 3 (There was no response.) 4 The question is on the nomination 5 of Michael J. Hoblock, of Loudonville, to become 6 a member of the New York State Racing and 7 Wagering Board. All those in favor signify by 8 saying aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The nominee is unanimously 13 confirmed. 14 We're very, very pleased - 15 (Applause) 16 Michael, congratulations on 17 behalf of Senator Bruno and all of the members 18 who have spoken and those who have not spoken. 19 As you can see, everybody is looking for slots 20 in their district. 21 All kidding aside, we have all 22 had a tremendous experience with you in the 23 past. We know that you're going to do a 24 terrific job. Certainly welcome you here to the 25 chamber, your wife Karen. We're very, very 3231 1 pleased, as I'm sure your father is, as he sat 2 and listened to this, knowing full well that he 3 had a part in your upbringing certainly and the 4 state is in good hands and certainly the Racing 5 and Wagering Board. 6 So congratulations and good 7 luck. Godspeed. 8 (Applause) 9 The Secretary will read. 10 THE SECRETARY: Senator Stafford, 11 from the Committee on Finance, offers the 12 following nomination: 13 Member of the Industrial Board of 14 Appeals: John M. Hekker, Esq., of Thiells. 15 ACTING PRESIDENT KUHL: Senator 16 Stafford, on the nomination. 17 SENATOR STAFFORD: Mr. President, 18 together with Mike Hoblock, the Governor has 19 other excellent nominations before us today. We 20 will be going through them. All were 21 unanimously confirmed, as was Mike Hoblock. 22 We compliment the Governor and 23 all those who were unanimously approved by the 24 Senate Finance Committee and, as you say, the 25 next is Jack Hekker, and I yield to the good 3232 1 Senator Holland. 2 SENATOR HOLLAND: Rockland 3 County. 4 ACTING PRESIDENT KUHL: The Chair 5 recognizes Senator Holland, on the nomination. 6 SENATOR HOLLAND: Jack Hekker is 7 from Rockland County, and I have known him for 8 many years, and I would like to tell you a few 9 things about him. 10 He has been practicing law for 11 more than 35 years, specializing in real estate, 12 construction, zoning, environmental law, estate 13 planning, commercial litigation. He has also 14 represented theatrical and publishing concerns. 15 Certainly a senior partner in the 16 law firm of Granik, Silverman, Sandberg, Camp 17 bell, Hekker & Berger in New City, he has donat 18 ed his time and legal expertise in providing pro 19 bono -- that means free -- services to the Irish 20 Repertory Company in New York City and the Helen 21 Hayes Tappan Zee Performing Arts Center in 22 Nyack. 23 He resides in Thiells. He's the 24 father of five and the grandfather of six. It's 25 not too bad. He served more than 20 years as a 3233 1 village and town justice, adjudicating criminal 2 and civil cases, ranging from dog bites to 3 felony hearings for attempted murder. 4 He has extensive experience in 5 initiating and securing large scale planning and 6 zoning approvals, negotiating contracts and 7 financial commitments. 8 Jack Hekker is a recognized 9 community leader who has demonstrated the 10 ability to effectively interact with business 11 and government leaders of both sides -- of all 12 sides and the public at large. 13 He spent his youth in North 14 Arlington, New Jersey, where he's still 15 remembered as a member of Our Lady Queen of 16 Peace High School Hall of Fame for his athletic 17 prowess. His success did not end with his 18 accomplishments on the football field or on the 19 basketball court. He's told me about them many 20 times. 21 Young Jack Hekker found the time 22 to devote much of his time to academic 23 pursuits. He graduated from Georgetown, where 24 he majored in economics and received a 25 basketball scholarship. He went on to graduate 3234 1 from Georgetown Law School and, of course, he 2 was a first lieutenant in the United States 3 Marine Corps. 4 He has a strong record of 5 community service. Serves on the Board of 6 Trustees of Nyack Hospital. Serves as President 7 of Rockland County Magistrates Association and 8 vice-president of the Nyack Chamber of Commerce, 9 Chairman of the Nyack Waterfront Development 10 Committee and many, many others. 11 It is my privilege to nominate - 12 or second the nomination of the Governor of Jack 13 Hekker. 14 Best of wishes, Jack. I know 15 you'll do a great job. 16 ACTING PRESIDENT KUHL: Is there 17 any other Senator wishing to speak on the 18 nomination? 19 Senator Dollinger, on the 20 nomination. 21 SENATOR DOLLINGER: Mr. Hekker, 22 correct, Mr. President? Is this Mr. Hekker for 23 the Industrial Board of Appeals? 24 ACTING PRESIDENT KUHL: That's 25 correct. 3235 1 SENATOR DOLLINGER: Mr. 2 President, I saw this candidate in front of the 3 Finance Committee. I rise just to add one - 4 actually a note about Mr. Hekker's predecessor. 5 Kurt Hain was from Brighton. 6 Kurt Hain was a man who served on the 7 Industrial Board of Appeals for more than 20 8 years. He was from my district. He was a 9 Democrat but, quite frankly, as I know Senator 10 Alesi, Senator Nozzolio and others who have 11 known Kurt -- or did know Kurt prior to his 12 death would know that for Kurt, there were no 13 party lines. There were just people. Kurt did 14 a wonderful job in the 20-plus years that he 15 served in the Industrial Board of Appeals and, 16 as I told Mr. Hekker in the Finance Committee, 17 Kurt's shoes are sizeable. He made a sizeable 18 contribution to this state. 19 I have every confidence that Mr. 20 Hekker's credentials qualify him to adequately, 21 if not even better, fill those shoes, but I 22 couldn't let this appointment go without just 23 reminding the members of this chamber, Kurt 24 Hain was approved a number of times. He was a 25 fixture of the Rochester community and a 3236 1 wonderful man. I miss him terribly, and I hope 2 that the Industrial Board of Appeals will 3 continue to progress without him. 4 ACTING PRESIDENT KUHL: Is there 5 any other Senator wishing to speak on the 6 nomination? 7 (There was no response.) 8 Hearing none, the question is on 9 the nomination of John M. Hekker, Esq., to 10 become a member of the Industrial Board of 11 Appeals. All those in favor of the nomination 12 signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The nominee is confirmed. 17 We're very, very pleased to have 18 John Hekker with us. He's seated in the balcony 19 to your left in the center row. 20 Congratulations, Mr. Hekker. 21 Good luck. 22 (Applause) 23 The Secretary will read. 24 THE SECRETARY: Senator Stafford, 25 from the Committee on Finance, offers the 3237 1 following nomination: 2 Member of the Industrial Board of 3 Appeals: Mark S. Perla, of Tonawanda. 4 ACTING PRESIDENT KUHL: The Chair 5 recognizes Senator Rath, on the nomination. 6 SENATOR RATH: Yes, Mr. President. 7 I would like to move the confirmation of Mark S. 8 Perla from the town of Tonawanda, one of the 9 communities that I represent, to serve as a 10 member of the Industrial Board of Appeals. 11 Today, as all days, when we have 12 a confirmation, it's a wonderful day in the 13 Senate because we get a perspective of who we 14 are, where we've been and where we're going, but 15 let me tell you a little bit about Mark Perla 16 and who he is and where he's been and where I 17 think he's going and why I think it's wonderful 18 that Mark is going to be serving and has been 19 recommended for that position. 20 Mark graduated from the 21 University of Buffalo Law School, which, of 22 course, is a plus for all of us from Western New 23 York. He entered private practice in the late 24 '70s, served recently for a short time as an 25 Erie County Court judge, served for quite some 3238 1 time in the U.S. Attorney's office in the 2 Buffalo area, the D.A.'s office, but there are 3 some special kinds of things about Mark that I 4 want to tell you about because he is a 5 professional, and yesterday we had a group here 6 called We the People, and I think when we stop 7 and recognize perspectivewise who we are in this 8 chamber, we represent we the people but 9 sometimes government gets a bad name. We're 10 like the enemy for the folks out there, but Mark 11 Perla has made a concerted effort and a real 12 commitment to making sure that government is not 13 the enemy and that government has an opportunity 14 to be on an equal footing, as it were, and 15 because sometimes we don't have that 16 opportunity. 17 He was one of three Assistant 18 United States Attorneys in the nation to head a 19 unit dedicated exclusively to investigating 20 frauds against the government and bringing civil 21 lawsuits to recover losses and penalties. I 22 think that's a noble effort, Mark, and I 23 congratulate you on the successes that you had. 24 Let me note some of the awards 25 and honors that Mark had because of the 3239 1 successes in making sure government had an 2 opportunity to have an equal -- be on an equal 3 playing field: The United States Attorney's 4 Award for sustained superior performance, United 5 States Attorney's Award for outstanding 6 performance of duty for handling a case which 7 resulted in felony convictions of fraud against 8 the government and a recovery of $7.5 million, 9 the largest civil recovery in the history of the 10 office -- I think that's a moment to be very, 11 very proud of -- a Department of Defense Award 12 for criminal investigative service, U.S. Naval 13 Investigative Service. 14 We have a man here who is a 15 professional's professional, who is about to 16 serve the state of New York in another 17 professional capacity. We are very fortunate. 18 We wish you good luck and we are very happy to 19 have you here as a nominee, Mark. 20 ACTING PRESIDENT WRIGHT: Senator 21 Maziarz, on the nomination. 22 SENATOR MAZIARZ: Thank you, Mr. 23 President. 24 I too want to join my colleague, 25 Senator Rath, who very ably pointed out all the 3240 1 qualifications. I consider Mark Perla to be one 2 of the most capable attorneys in all of Western 3 New York, and I want to join my colleagues in 4 seconding his nomination and in congratulating 5 the Governor for a fine appointment. 6 Thank you. 7 ACTING PRESIDENT WRIGHT: Senator 8 Volker, on the nomination. 9 SENATOR VOLKER: Mr. President, 10 very quickly. I too want to commend the 11 Governor on the appointment of Mark, who I've 12 known for a number of years. He comes from one 13 of the most prominent legal families in Western 14 New York. He was one of the top prosecutors in 15 the federal attorney's office, as well as the 16 District Attorney's office. He did a super 17 job. I have no doubt that he'll do just a super 18 job with the Industrial Board of Appeals. 19 Good luck, Mark. 20 ACTING PRESIDENT WRIGHT: Is 21 there any other Senator wishing to speak on the 22 nomination? 23 (There was no response.) 24 If not, the question of the 25 confirmation of the nomination of Mark S. Perla 3241 1 is before the house. All those in favor signify 2 by saying aye. 3 (Response of "Aye".) 4 Opposed, nay. 5 (There was no response.) 6 The confirmation is approved. 7 Mr. Perla, congratulations on 8 behalf of Senator Bruno and the members of the 9 Senate. 10 (Applause) 11 The Secretary will read. 12 THE SECRETARY: Senator Stafford, 13 from the Committee on Finance, offers the 14 following nomination: 15 Sheriff of Steuben County: 16 Walter M. Delap, of Beaver Dams. 17 ACTING PRESIDENT WRIGHT: Senator 18 Kuhl, on the nomination. 19 SENATOR KUHL: Yes, Mr. 20 President. 21 It's my pleasure to rise in 22 support of the Governor's nomination of Walter 23 Delap to become the sheriff of Steuben County 24 and while this is a rather localized issue and 25 it only involves the sheriff of one of 62 3242 1 counties in New York, I would you like to take 2 just a moment to explain to the members of this 3 body the importance of this particular 4 appointment to the constituency in my district 5 and the residents of Steuben County. 6 We in Steuben County have been 7 essentially without a sheriff because of health 8 problems and other problems for a number of 9 months and that's caused a tremendous amount of 10 disruption in the law enforcement of that 11 county. 12 Fortunately, we are blessed today 13 to be in a position to confirm the nomination of 14 a young man who is actually giving up a career 15 in law enforcement. Walt Delap currently is the 16 -- or I should say as of about four days ago, 17 retired from a position as a captain in Troop B 18 of the State Police, where he was in charge of 19 the BCI and oversaw a grouping of about 300 20 individuals and did obviously numerous 21 investigations. So here's a young man who is 22 really looking at a tremendous career with the 23 State Police of this state, potentially rising 24 through the ranks at one time to the position of 25 superintendent. He carries that kind of 3243 1 capability, certainly that kind of educational 2 experience and that kind of motivation but he 3 gave that all up to come home to Steuben County 4 to serve in the position of sheriff, a needed 5 position, certainly a worthy position and one 6 that the people in the county of Steuben are 7 waiting anxiously for him to appear and fulfill 8 those duties. 9 So it's my pleasure, Mr. 10 President, to rise today and support the 11 nomination of the Governor of this state, of 12 Walter Delap of Beaver Dams, New York to the 13 position of sheriff of Steuben County and hope 14 that my colleagues will join in supporting this 15 nomination. 16 Thank you. 17 ACTING PRESIDENT WRIGHT: Is 18 there any further members wishing to speak on 19 the nomination? 20 (There was no response.) 21 The question before us is the 22 confirmation of the nomination of Walter Delap 23 as sheriff of Steuben County. All those in 24 favor signify by saying aye. 25 (Response of "Aye".) 3244 1 Opposed, nay. 2 (There was no response.) 3 The "ayes" have it. 4 Congratulations, Sheriff Delap. 5 You have been confirmed by the New York State 6 Senate. 7 (Applause) 8 The sheriff is joined with us by 9 his wife Elaine and his father Walter. We would 10 also recognize them. We all appreciate your 11 dedication to the people of New York. 12 (Applause) 13 SENATOR SKELOS: Mr. President. 14 ACTING PRESIDENT WRIGHT: Senator 15 Skelos. 16 SENATOR SKELOS: With the consent 17 of the Minority, if we could just move 18 temporarily to motions and resolutions. I'd ask 19 that the titles be read on Resolutions 1140, 20 1141 and 1181 and that you then recognize 21 Senator Maziarz. 22 ACTING PRESIDENT WRIGHT: Thank 23 you, Senator Skelos. 24 The Secretary will read - 25 motions and resolutions -- titles only on 1140 3245 1 and 1141 and 1181. 2 THE SECRETARY: By Senator 3 Leibell, Legislative Resolution 1140, commending 4 Christopher Deane upon the occasion of his 5 designation as Senior Citizen of the Year. 6 ACTING PRESIDENT WRIGHT: Senator 7 Maziarz. 8 SENATOR MAZIARZ: Mr. President, 9 I'll yield to Senator Leibell on this 10 resolution. 11 SENATOR LEIBELL: Thank you - 12 ACTING PRESIDENT WRIGHT: Senator 13 Leibell. 14 SENATOR LEIBELL: -- Mr. 15 President. 16 Today has been a special day for 17 many of us in Albany. Throughout the year we're 18 visited by many constituent groups and have the 19 opportunity to recognize contributions by our 20 fellow New Yorkers to this great state. Well, 21 as I'm sure all of my colleagues are aware, 22 today is Senior Citizen Day in this great state 23 of ours. 24 This resolution that I have had 25 the pleasure to sponsor and which has been 3246 1 sponsored by my colleague in the Assembly also, 2 Will Stevens, who is here with me today, is a 3 recognition of the contributions of all of our 4 seniors throughout New York State but, in 5 particular, this resolution points out and 6 identifies our selection as Senior Citizen of 7 the Year and this year it is Christopher Deane, 8 who is with us here today in the chamber. He is 9 someone who has provided great help, assistance 10 and comfort to seniors and residents throughout 11 my home county of Putnam. 12 He has filled a leadership role 13 for many, many years in the town of Kent Senior 14 Citizens Club, a club which I have had the good 15 fortune, as has Assemblyman Stevens to visit 16 many, many times. 17 He has served on the advisory 18 board for Putnam County Office of the Aging. He 19 served as an advocate for the special needs of 20 senior citizens throughout our state and 21 region. His many volunteer efforts have 22 especially reached out to those seniors who have 23 found themselves in their advanced years in a 24 state of isolation. 25 Most significantly, he has 3247 1 encouraged our seniors to reach out and to share 2 their many wonderful gifts, their experience, 3 their talents, yes, their energy. He is someone 4 who I would describe, as I know Assemblyman 5 Stevens would, as a great personal friend. 6 He is joined here today by his 7 wife Theresa, as well as three daughters, 8 Christine, Dolores and Barbara, granddaughter 9 Susan and son-in-law George Durseley. 10 Mr. President, it is for me a 11 great honor at this point in time to propose 12 this resolution and, as I said, to recognize the 13 efforts of all of our seniors but, in 14 particular, our Senior of the Year, Christopher 15 Deane from the town of Kent, Putnam County, New 16 York. 17 Thank you, Mr. President. 18 ACTING PRESIDENT WRIGHT: Senator 19 Farley. 20 SENATOR FARLEY: You know, as a 21 former chairman of the Committee on Aging - 22 actually the first one and Senator Skelos who 23 was also a chairman -- let me congratulate you 24 on this outstanding award. 25 You know, to be Senior Citizen of 3248 1 the Year for all of New York State is a 2 remarkable accomplishment. You have served 3 humanity. You have served your fellow persons 4 and we're very, very proud of you and let me 5 please rise to congratulate you, to wish you 6 well and good health and we're very, very proud 7 of what you've done and what you've done for the 8 seniors of this state. That's a great award and 9 best wishes to you. 10 ACTING PRESIDENT WRIGHT: Is 11 there any other member wishing to speak on the 12 resolution? 13 Senator Maziarz. 14 SENATOR MAZIARZ: Thank you, Mr. 15 President. 16 As chairman of the Senate Aging 17 Committee, I too want to congratulate 18 Christopher Deane on being chosen as a Senior 19 Citizen of the Year to represent, as Senator 20 Leibell said, the tens of thousands of seniors 21 across the state of New York. 22 I have had the pleasure of 23 working with many of the county Offices of the 24 Aging and several of the groups throughout the 25 state and Mr. Deane really exemplifies that type 3249 1 of senior who, after he retires, goes out and 2 continues to work on a daily basis to help out 3 his fellow seniors. 4 Mr. Deane has a great history. 5 He's worked on some of the major construction 6 projects, the tunnels and bridges in the city of 7 New York and his family who is here in the 8 gallery is extremely proud of him, as well they 9 should be, Mr. President, and I sincerely 10 appreciate their efforts in leaving home early 11 this morning to get down here. 12 We had a great day this morning. 13 We were over at the Governor's mansion and 14 celebrated along with Mr. Deane and also with 15 Dan Mowers for the -- of Madison County as the 16 outstanding senior contributor of the year and 17 many of the other counties of the Office of the 18 Aging, congratulating them for the work that 19 they have done to help the senior population of 20 this state. 21 So, Mr. President, I congratulate 22 Mr. Deane. We also, I should note, had a great 23 tour of the Maltese art gallery on the 8th floor 24 of the Legislative Office Building which is very 25 interesting, should any of you have any extra 3250 1 time to go up and see that. 2 I certainly want to thank my 3 staff and the Assembly office, Chairperson 4 Barbara Clark, for their efforts today and also 5 to the former Senate chairs, Senator Farley and 6 Senator Skelos, for their help in putting this 7 day together. 8 Thank you, Mr. President. 9 ACTING PRESIDENT WRIGHT: Any 10 further members wishing to speak on the 11 resolution? 12 (There was no response.) 13 If not, the question is on 14 Resolution 1140. All those in favor signify by 15 saying aye. 16 (Response of "Aye".) 17 Opposed? 18 (There was no response.) 19 The "ayes" have it. 20 The resolution is adopted. 21 Mr. Deane, congratulations on 22 behalf of Senator Bruno and my entire colleagues 23 of the New York State Senate. Very well done, 24 sir. 25 (Applause) 3251 1 The Secretary will read 2 Resolution 1141, the title only. 3 THE SECRETARY: By Senator 4 Maziarz, Legislative Resolution 1141, 5 memorializing the Honorable George E. Pataki, 6 Governor, to proclaim May 6th, 1997 as Senior 7 Citizen Day in New York State. 8 ACTING PRESIDENT WRIGHT: Senator 9 Maziarz, on the resolution. 10 SENATOR MAZIARZ: Thank you, Mr. 11 President. 12 I'm not going to repeat myself. 13 Just to thank the Governor for proclaiming today 14 as Senior Citizen Day and May as Senior Citizen 15 Month, to recognize the outstanding 16 contributions of gentlemen like Mr. Deane and 17 Dan Mowers of Madison County for all the 18 volunteer work that they do the other 364 days 19 of the year. 20 Thank you, Mr. President. 21 ACTING PRESIDENT WRIGHT: The 22 question is on Resolution Number 1141. All 23 those in favor signify by saying aye. 24 (Response of "Aye".) 25 Opposed, nay. 3252 1 (There was no response.) 2 The resolution is adopted. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could return to reports of standing 6 committees and continue with the confirmation 7 process. 8 ACTING PRESIDENT WRIGHT: We'll 9 return to reports of standing committees, order 10 of business, confirmation process. 11 The Secretary will read. 12 THE SECRETARY: Senator Stafford, 13 from the Committee on Finance, offers the 14 following nomination: 15 Member of the Rochester- Genesee 16 Regional Transportation Authority: Daniel E. 17 Bailey of Fairport. 18 ACTING PRESIDENT KUHL: The Chair 19 recognizes Senator Alesi, on the nomination. 20 SENATOR ALESI: Thank you, Mr. 21 President. 22 It's a pleasure to stand today 23 and support the nomination and move the 24 nomination of Dan Bailey to the RGRTA. 25 I've had the pleasure of knowing 3253 1 Dan Bailey for several years, in fact, 2 representing him not only here in the Senate but 3 in the state Assembly prior to this and even 4 before that in the Monroe County Legislature. 5 Dan is a native Rochesterian and 6 knows the area very well. He graduated from 7 McQuaid Jesuit High School, Le Moyne College, 8 Rochester Institute of Technology, where he 9 pursued his educational degrees in business 10 administration. 11 20 years prior to becoming 12 President of Rochester Gear, he started out in 13 an entry level position, working his way up to 14 president, as I have said, and gained valuable 15 business experience and knowledge of the 16 community and its needs as well. 17 As far as activities in the 18 community of Monroe, he has served on the Board 19 of Directors of Preferred Care, the Rochester 20 Primary Care Network and the American Gear 21 Manufacturing and Tool Association, where he 22 served as the president of that Washington-based 23 outfit for a couple of years. 24 He's also involved in the 25 Rochester Chamber of Commerce, the Industrial 3254 1 Management Council and has served as 2 vice-president of the Rochester Chapter of the 3 National Tooling and Manufacturing Association, 4 gaining valuable experience, experience that 5 he'll be able to use serving the community of 6 Monroe on the RGRTA. 7 Dan, as I said, is a personal 8 friend. He lives in Perinton, my home town, 9 with his wife Sharon and three daughters, and if 10 you had the pleasure as I did of listening to 11 him not only in the Transportation Committee 12 earlier this month but in the Finance Committee 13 this morning, you would have heard him reiterate 14 his dedication to increased ridership in a 15 troubled bus company, to redirect the route so 16 that they would better serve those people coming 17 from welfare to work and using the reverse 18 commute process to help improve Rochester 19 Regional Transit Authority. 20 Dan is the kind of business 21 person that's actively involved in the community 22 that we need to have serving on this board. I 23 wholeheartedly support his nomination on behalf 24 of Senators Maziarz and Nozzolio and those 25 others who represent the Greater Rochester 3255 1 area. It's my pleasure and privilege to support 2 the nomination and congratulate the Governor on 3 this selection. 4 Thank you, Mr. President. 5 ACTING PRESIDENT KUHL: Is there 6 any other Senator wishing to speak on the 7 nomination? 8 (There was no response.) 9 Hearing none, the question is on 10 the nomination of Daniel E. Bailey, of Fairport, 11 New York, to become a member of the Rochester 12 Genesee Regional Transportation Authority. All 13 those in favor of the nomination signify by 14 saying aye. 15 (Response of "Aye".) 16 Opposed, nay. 17 (There was no response.) 18 The nominee is confirmed. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: Senator Stafford, 22 from the Committee on Finance, offers the 23 following nomination: 24 Member of the Niagara Frontier 25 Transportation Authority: Vivian Turner, of 3256 1 Buffalo. 2 SENATOR SKELOS: Move the 3 nomination. 4 ACTING PRESIDENT KUHL: The 5 question is on the nomination of Vivian Turner 6 to become a member of the Niagara Frontier 7 Transportation Authority. All those in favor of 8 the nomination signify by saying aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The nominee is confirmed. 13 The Secretary will continue to 14 read. 15 THE SECRETARY: Senator Stafford, 16 from the Committee on Finance, offers the 17 following nomination: 18 Member of the Ogdensburg Bridge 19 and Port Authority: Connie Grandy Augsbury, of 20 Ogdensburg. 21 SENATOR SKELOS: Move the 22 nomination. 23 ACTING PRESIDENT KUHL: The 24 question is on the nomination of Connie Grandy 25 Augsbury, of Ogdensburg, to become a member of 3257 1 the Ogdensburg Bridge and Port Authority. 2 Senator Wright, on the 3 nomination. 4 SENATOR WRIGHT: Thank you, Mr. 5 President. 6 I rise to endorse and second the 7 nomination and commend the Governor on his 8 choice. 9 Connie Augsbury has been serving 10 the community of Ogdensburg and the Greater St. 11 Lawrence County for a number of years, both in 12 her capacity and private life as an entrepreneur 13 and a business woman who has been very 14 successful in that area of the North Country but 15 also in her commitment to the public service and 16 not-for-profits in various capacities throughout 17 the North Country. She brings a diversity that 18 will only help improve the efforts of the 19 Ogdensburg Bridge and Port Authority and I'm 20 very pleased to second her nomination and 21 encourage my colleagues to support that 22 nomination. 23 ACTING PRESIDENT KUHL: Any other 24 Senator wishing to speak on the nomination? 25 (There was no response.) 3258 1 Hearing none, the question is on 2 the nomination of Connie Grandy Augsbury, of 3 Ogdensburg, to become a member of the Ogdensburg 4 Bridge and Port Authority. All those in favor 5 of the nomination signify by saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The nominee is confirmed. 10 The Secretary will continue to 11 read. 12 THE SECRETARY: Senator Stafford, 13 from the Committee on Finance, offers the 14 following nomination: 15 Members of the Board of Trustees 16 of the New York State Higher Education Services 17 Corporation: Stephen C. Biklen, of Pittsford 18 and Christopher Walsh, of Jamesville. 19 ACTING PRESIDENT KUHL: The 20 question is on the nomination of Stephen C. 21 Biklen, of Pittsford, New York and Christopher 22 Walsh, of Jamesville, New York to become members 23 of the Board of Trustees of the New York State 24 Higher Education Services Corporation. All 25 those in favor of the nomination signify by 3259 1 saying aye. 2 (Response of "Aye".) 3 Opposed, nay. 4 (There was no response.) 5 The nominees are confirmed. 6 The Secretary will continue to 7 read. 8 ACTING PRESIDENT KUHL: Senator 9 Stafford, from the Committee on Finance, offers 10 the following nomination: 11 Banking member of the State 12 Banking Board: Salvatore Marranca, of Little 13 Valley. 14 ACTING PRESIDENT KUHL: Any 15 Senator wishing to speak on the nomination? 16 (There was no response.) 17 Hearing none, the question is on 18 the nomination of Salvatore Marranca, of Little 19 Valley, to become a Banking member of the State 20 Banking Board. All those in favor of the 21 nomination signify by saying aye. 22 (Response of "Aye".) 23 Opposed, nay. 24 (There was no response.) 25 The nominee is confirmed. 3260 1 The Secretary will continue to 2 read. 3 ACTING PRESIDENT KUHL: Senator 4 Stafford, from the Committee on Finance, offers 5 the following nomination: 6 Member of the Genesee State Park 7 Recreation and Historic Preservation Committee 8 -- Commission: Howard Payne, of Arcade. 9 ACTING PRESIDENT KUHL: The 10 question is on the nomination of Howard Payne, 11 of Arcade, to become a member of the Genesee 12 State Park Recreation and Historic Preservation 13 Commission. All those in favor of the 14 nomination signify by saying aye. 15 (Response of "Aye".) 16 Opposed, nay. 17 The nominee is confirmed. 18 The Secretary will continue to 19 read. 20 THE SECRETARY: Senator Stafford, 21 from the Committee on Finance, offers the 22 following nominations: 23 Members of the Lake George Park 24 Commission, Anthony P. Reale, of Ticonderoga and 25 Margaret Stewart, of Lake George. 3261 1 ACTING PRESIDENT KUHL: The 2 question is on the nominations of Anthony P. 3 Reale, of Ticonderoga and Margaret Stewart, of 4 Lake George, to become members of the Lake 5 George Park Commission. All those in favor of 6 the nominations of the members signify by saying 7 aye. 8 (Response of "Aye".) 9 Opposed, nay. 10 (There was no response.) 11 The nominees are confirmed. 12 Reports of select committees. 13 Communications and reports from 14 state officers. 15 Motions and resolutions. 16 Senator Farley. 17 SENATOR FARLEY: On behalf of 18 myself, would you please place a sponsor's star 19 on Calendar Number 690 and 691. 20 ACTING PRESIDENT KUHL: Calendars 21 Number 690 and 691 are starred at the request of 22 the sponsor. 23 Senator Farley. 24 SENATOR FARLEY: Also, Mr. 25 President, on page 38, I offer the following 3262 1 amendments to my bill, Calendar Number 681, 2 Senate Print 2545-A, and I ask that that bill 3 retain its place on the Third Reading Calendar. 4 ACTING PRESIDENT KUHL: The 5 amendments to Calendar Number 681 are received 6 and adopted and the bill will retain its place 7 on the Third Reading Calendar. 8 Senator Farley. 9 SENATOR FARLEY: And on behalf of 10 my distinguished colleague at my left, Senator 11 Tully, I wish on page 39 to offer the following 12 amendments to Calendar Number 312, Senate Print 13 2625, and I also wish you to remove the star 14 from that bill. 15 ACTING PRESIDENT KUHL: The 16 amendments to Calendar Number 312 are received 17 and adopted and the star will be removed at the 18 request of the sponsor. 19 Senator Farley. 20 SENATOR FARLEY: Thank you. 21 On behalf of Senator Holland, on 22 page 14, I offer the following amendments to 23 Calendar 310, Senate Print 32... 322-A, and I 24 ask that that bill retain its place on the Third 25 Reading Calendar. 3263 1 ACTING PRESIDENT KUHL: The 2 amendments to Calendar Number 310 are received 3 and adopted and the bill will retain its place 4 on the Third Reading Calendar. 5 Senator Farley. 6 SENATOR FARLEY: I already did 7 this one. That's it. 8 ACTING PRESIDENT KUHL: Thank 9 you, Senator Farley. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 at this time if we could have the title read on 13 Resolution 1181, and I move its immediate 14 adoption. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the title to Resolution 17 Number 1181. 18 THE SECRETARY: By Senators 19 Hoffmann and Maziarz, Legislative Resolution 20 1181, congratulating Daniel Mower upon the 21 occasion of his selection as recipient of the 22 1997 New York State Outstanding Contribution by 23 a Senior Citizen Award on May 6th, 1997. 24 ACTING PRESIDENT KUHL: Senator 25 Skelos. 3264 1 SENATOR SKELOS: Move the 2 resolution. 3 ACTING PRESIDENT KUHL: The 4 motion is to adopt the resolution, Resolution 5 1181. All those in favor signify by saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The resolution is adopted. 10 SENATOR SKELOS: I believe 11 there's a privileged resolution at the desk by 12 Senator Larkin. I ask that the title be read 13 and move its immediate adoption. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the title to the privileged 16 resolution by Senator Larkin. 17 THE SECRETARY: By Senator 18 Larkin, Legislative Resolution congratulating 19 the Newburgh Free Academy at Stewart Airport as 20 it becomes a satellite school representing 21 another facet of the Newburgh Enlarged City 22 School District. 23 ACTING PRESIDENT KUHL: The 24 question is on the resolution. All those in 25 favor signify by saying aye. 3265 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The resolution is adopted. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, I 7 move at this time to adopt the balance of the 8 Resolution Calendar. 9 ACTING PRESIDENT KUHL: The 10 motion is to adopt the Resolution Calendar which 11 is on all the members' desks. All those in 12 favor signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The Resolution Calendar is 17 adopted. 18 Senator Skelos, we do have a 19 little housekeeping, four substitutions. 20 SENATOR SKELOS: Let me just 21 announce there will be an immediate meeting of 22 the Aging Committee in the Majority Conference 23 Room. 24 ACTING PRESIDENT KUHL: There 25 will be an immediate meeting of the Aging 3266 1 Committee, an immediate meeting of the Aging 2 Committee in Room 332, Room 332, the Majority 3 Conference Room. 4 The Secretary will read the 5 substitutions. 6 THE SECRETARY: On page 4, 7 Senator Farley moves to discharge from the 8 Committee on Civil Service and Pensions Assembly 9 Bill Number 4217 and substitute it for the 10 identical First Report Calendar 700. 11 On page 4, Senator Velella moves 12 to discharge from the Committee on Housing, 13 Construction and Community Development Assembly 14 Bill Number 2164 and substitute it for the 15 identical First Report Calendar 705. 16 And on page 4, Senator Velella 17 moves to discharge from the Committee on 18 Housing, Construction and Community Development 19 Assembly Bill Number 2300 and substitute it for 20 identical First Report Calendar 706. 21 ACTING PRESIDENT KUHL: The 22 substitutions are ordered. 23 SENATOR SKELOS: Mr. President. 24 ACTING PRESIDENT KUHL: Senator 25 Skelos. 3267 1 SENATOR SKELOS: If you would 2 recognize Senator Marchi for an announcement, 3 please. 4 ACTING PRESIDENT KUHL: The Chair 5 recognizes Senator Marchi for an announcement. 6 SENATOR MARCHI: Thank you, Mr. 7 President. 8 This year, as they have done 9 through the years, we have a rather 10 scintillating group of individuals who at one 11 time or another have really imparted great - 12 made great contributions to the welfare of the 13 people of this state and their names are far 14 flung. I don't know how many there are here in 15 this chamber and at one time we had governors in 16 both New York and California, both St. John's. 17 So St. John's really strikes a resonance that I 18 feel very good about, but with us during the 19 course of the afternoon we have the Dean, Rudy 20 Hasl, Allen Hodish, Judge Milton Mollen, who is 21 head of the Appellate Division in the Second 22 Department, Honorable Rinaldo Rivera, Moira 23 McLaughlin, Pete Piscitelli -- that's not an 24 unusual name to a lot of us -- Father Kehoe, 25 Peter Roach, Gloria Rivera, Jim Castro-Banco and 3268 1 Richard Kane. They're here and there are many 2 other people out there in the area that will be 3 guests at an appropriate lunch -- breakfast - 4 what am I saying -- at an appropriate reception 5 just about an hour from now. 6 So I would hope you recognize 7 their presence, Mr. President. It would be 8 appreciated by them, I'm sure. 9 ACTING PRESIDENT KUHL: Thank 10 you, Senator Marchi, for bringing that 11 information to our attention. 12 On behalf of Senator Bruno and 13 all of the members of the chamber, I would like 14 to wish -- welcome these distinguished alumni 15 from St. John's University to the chamber. 16 Thank you for taking the time to 17 spend a couple of minutes with us. We hope you 18 enjoy your stay while you're at Albany. 19 Senator Skelos. 20 SENATOR SKELOS: At this time if 21 we could take up the non-controversial calendar. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the non-controversial 24 calendar. 25 THE SECRETARY: On page 15, 3269 1 Calendar Number 326, by Senator Levy, Senate 2 Print 928-B, an act to amend the Railroad Law 3 and the Penal Law, in relation to trespass upon 4 railroad premises. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect on the first day of 9 November. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 58. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 475, by Senator Rath, Senate Print 255, an act 18 to amend the Family Court Act, in relation to 19 the age of runaway children and persons in need 20 of supervision. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the first day of 25 November. 3270 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 58. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 476, by Senator Saland, Senate Print 490, an act 9 to amend the Family Court Act, in relation to 10 judicial notification of child care agencies. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 58. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 479, by Senator Skelos, Senate Print 3208, an 23 act to amend the Criminal Procedure Law, in 24 relation to extending temporary orders of 25 protection in situations where a defendant has 3271 1 either escaped or failed to appear. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 58. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 484, by member of the Assembly Genovesi, 14 Assembly Print 4052, an act to amend the 15 Business Corporation Law, in relation to the 16 books and records of a residential cooperative 17 corporation. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 58. 3272 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 507, by Senator Leibell, Senate Print 3580, an 5 act to amend the Private Housing Finance Law, in 6 relation to increasing the amount of bond and 7 note authorization. 8 SENATOR LEICHTER: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 515, by Senator Lack, Senate Print - 13 SENATOR SKELOS: Lay it aside for 14 the day. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside for the day. 17 THE SECRETARY: Calendar Number 18 518, by member of the Assembly Weprin, Assembly 19 Print 6487, an act to amend the Surrogate's 20 Court Procedure Act, in relation to persons to 21 be served in probate proceedings. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 3273 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 58. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 537, by member of the Assembly John, Assembly 9 Print 7045, an act to amend the Mental Hygiene 10 Law, in relation to receivership authority. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section -- lay the 13 bill aside. 14 SENATOR SKELOS: Lay it aside for 15 the day. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside for the day. 18 THE SECRETARY: Calendar Number 19 539, by Senator Levy, Senate Print 102, an act 20 in relation to requiring the Commissioners of 21 Motor Vehicles, Transportation and Education to 22 develop a uniform definition. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the last section. 25 THE SECRETARY: Section 2. This 3274 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 58. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 552, by Senator Levy, Senate Print 3915, an act 10 to amend the Vehicle and Traffic Law, in 11 relation to leaving the scene of an incident 12 without reporting. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 58. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 557, by Senator Saland, Senate Print 1786, an 3275 1 act to amend the Family Court Act, in relation 2 to procedures for the temporary removal of a 3 child with consent. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 58. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 573, by Senator Leibell, Senate Print 3646, an 16 act to amend the Public Authorities Law, in 17 relation to indemnification by the state of the 18 members, officers and employees of the state of 19 New York Mortgage Agency. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 3276 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 58. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Skelos, that completes 6 the reading of the non-controversial calendar. 7 SENATOR SKELOS: If we could take 8 up the one bill on the controversial calendar. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the controversial calendar, 11 beginning and ending at Calendar Number 507 by 12 Senator Leibell on page 36. 13 SENATOR LEICHTER: Mr. President, 14 would Senator Leibell yield for a question? 15 ACTING PRESIDENT KUHL: Senator 16 Leichter, we would like to get the bill before 17 the house. I appreciate your kindness but we 18 would like to get the bill before the house 19 before we entertain any questions. 20 The Secretary will read the 21 title. 22 THE SECRETARY: Calendar Number 23 507, by Senator Leibell, Senate Print 3580, an 24 act to amend the Private Housing Finance Law, in 25 relation to increasing the amount of bond and 3277 1 note authorization. 2 ACTING PRESIDENT KUHL: Senator 3 Leibell, an explanation has been asked for by 4 Senator Leichter. 5 SENATOR LEICHTER: I'm just going 6 to ask a question. 7 ACTING PRESIDENT KUHL: Do you 8 yield to a question, Senator Leibell? 9 SENATOR LEIBELL: Yes. 10 ACTING PRESIDENT KUHL: The 11 Senator yields. 12 SENATOR LEICHTER: Senator, this 13 bill increases the authorization of the Housing 14 Finance Agency from 3,400,000,000 to 3,800... I 15 guess ...880,000,000. 16 SENATOR LEIBELL: It's an 17 increase of $480 million. 18 SENATOR LEICHTER: Right. My 19 question to you is have you been advised as to 20 any specific project that the HFA intends to 21 make a mortgage commitment for; and I'll tell 22 you afterwards why I asked the question. 23 SENATOR LEIBELL: They have a 24 number they're looking at but your question, I 25 think to me was have I been advised? I have not 3278 1 discussed any specific project with them. 2 SENATOR LEICHTER: If you'll be 3 so good as to continue to yield. 4 ACTING PRESIDENT KUHL: Senator 5 Leibell, do you continue to yield? 6 SENATOR LEIBELL: Yes. 7 ACTING PRESIDENT KUHL: The 8 Senator continues to yield. 9 SENATOR LEICHTER: Have you heard 10 whether any of this money is to go for a 11 mortgage for Donald Trump's Riverside South 12 project? 13 SENATOR LEIBELL: Do you have an 14 address, Senator? What would that be listed as 15 an address? I wouldn't know - 16 SENATOR LEICHTER: It would be 17 listed -- I don't know whether there's an 18 address as such. It's the Penn yards on the 19 west side of Manhattan. It doesn't have an 20 address. It's known as Riverside South. 21 SENATOR LEIBELL: Counsel advised 22 me no. 23 SENATOR LEICHTER: If you'll be 24 so good as to continue to yield. 25 ACTING PRESIDENT KUHL: Senator 3279 1 Leibell, do you continue to yield? 2 SENATOR LEIBELL: Yes, Mr. 3 President. 4 ACTING PRESIDENT KUHL: The 5 Senator continues to yield. 6 SENATOR LEICHTER: Can you assure 7 me that none of this money will be used for 8 Riverside South development? 9 SENATOR LEIBELL: I couldn't do 10 that, Senator. I could not assure you of that. 11 I have had no comment and I deal with the head 12 of HFA on a continuous basis, but I have had - 13 we've had no discussion about that at all. 14 Actually it's never come up, but for me to say 15 that I could assure you that something at some 16 point in time in the future would not be used 17 for that, I couldn't do. I don't know how they 18 would base that decision. 19 SENATOR LEICHTER: Again, if you 20 would continue to yield. 21 ACTING PRESIDENT KUHL: Senator 22 Leibell, do you continue to yield? 23 SENATOR LEIBELL: That's an 24 authority that I would not have as Chairman of 25 the Committee. It would be something their 3280 1 board would determine. 2 ACTING PRESIDENT KUHL: Senator 3 Leibell, do you continue to yield? 4 SENATOR LEIBELL: Yes, Mr. 5 President. 6 ACTING PRESIDENT KUHL: The 7 Senator continues to yield. 8 SENATOR LEICHTER: Senator, in 9 other words, you can -- the list that you have 10 of potential borrowers or people that might 11 receive a mortgage, you say does not include 12 Riverside South but you're telling me that 13 nothing would keep the Authority from deciding 14 that some of this $480 million would, indeed, be 15 used for Donald Trump's Riverside South. 16 SENATOR LEIBELL: That would be 17 something, as I said, would not be a decision 18 for me as a legislator. It would be for the 19 board, and I realize it's -- you're asking the 20 question, Senator, but if you have any 21 information that that is something that's 22 occurred, I'm not aware of it, certainly. 23 SENATOR LEICHTER: Mr. President, 24 on the -- on the bill. 25 ACTING PRESIDENT KUHL: Senator 3281 1 Leichter, on the bill. 2 SENATOR LEICHTER: And I thank 3 Senator Leibell, and I understand obviously as 4 chairman of the Housing Committee, you're not in 5 a position to say how the HFA is to use its 6 monies. I thought they might have made some 7 statement to you which would give me comfort in 8 knowing that none of this $480 million would be 9 used to subsidize what is essentially a luxury 10 project. I certainly support the work of the 11 HFA when it is for affordable housing and I have 12 voted in the past for increases in their 13 authorization. 14 The problem with this particular 15 authorization and this specific bill is that 16 there is pending before the HFA an application 17 that's been made by Mr. Trump who is developing 18 a major project in an area known as Penn yards, 19 which is the West Side of Manhattan between 59th 20 and 72nd street along the Hudson River. It's in 21 my district. Whatever you consider the merits 22 of that development of Mr. Trump, the issue 23 really is whether we want to commit state monies 24 -- and this is a state subsidy -- to what is 25 essentially a luxury project. 3282 1 Now, the answer to that may be 2 somebody will say, Well, isn't this going to be 3 what's known as an 80/20 project, 80 percent 4 luxury or market rentals and 20 percent 5 affordable housing, which would be the case if 6 the HFA loaned any money but, nevertheless, it 7 still is a subsidy that benefits the developer 8 and if we -- I have no objection to benefiting 9 anybody as long as there's a greater public 10 benefit. I don't see that public benefit in 11 building housing that's probably going to rent 12 at 5-, 6-, $7,000 a month. That's what the 13 expected rental is going to be. Great. Let's 14 have luxury housing but let it be pure market 15 rental, no subsidies whatsoever. 16 I know there's a lot of 17 discussion in this chamber, throughout the 18 Capitol, throughout the state, what is a subsidy 19 and what isn't a subsidy. Some people on the 20 other side of the aisle primarily claim that 21 rent regulation happens to be a subsidy to the 22 people of the state of New York. I think we can 23 show it isn't, but there's no question that if a 24 mortgage was granted to Riverside South, Mr. 25 Trump's development company for this project, 3283 1 would be an enormous subsidy, and I just don't 2 think that's how we ought to be spending the 3 money. 4 Now, if the HFA can come back and 5 say none of this money will go to Riverside 6 South, I'll support the bill, but in the absence 7 of that, I will not and I just think that all of 8 you, as you vote on this bill, ought to consider 9 whether, in fact, this is going to end up 10 providing an enormous benefit and subsidy to Mr. 11 Trump for luxury housing. If that's how you 12 want to spend public monies, if that's how you 13 want to make a commitment, that's your 14 decision. It's certainly not the way that I 15 want to go. 16 ACTING PRESIDENT KUHL: Is there 17 any other Senator wishing is speak on the bill? 18 (There was no response.) 19 Hearing none, the Secretary will 20 read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 3284 1 ACTING PRESIDENT KUHL: Announce 2 the results. 3 THE SECRETARY: Ayes 57, nays 1, 4 Senator Leichter recorded in the negative. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 is there any housekeeping at the desk? 10 ACTING PRESIDENT KUHL: There is 11 none, Senator. 12 SENATOR SKELOS: There being no 13 further business, I move we adjourn until 14 Wednesday, May 7th, at 11:00 a.m. sharp. 15 ACTING PRESIDENT KUHL: Without 16 objection, the Senate stands adjourned until 17 tomorrow, Wednesday, May 7th, tomorrow, 18 Wednesday May 7th, at 11:00 a.m. 19 (Whereupon, at 4:35 p.m., the 20 Senate adjourned.) 21 22 23 24 25