Friday, August 1, 1997

7139 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 August 1, 1997 11 1:35 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 7140 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Would everyone please rise and 5 join with me in the Pledge of Allegiance. 6 (The Assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 May we bow our heads in a moment 9 of silence. 10 (A moment of silence was 11 observed.) 12 The reading of the Journal, 13 please. 14 THE SECRETARY: In Senate, 15 Thursday, July 31st. The Senate met pursuant to 16 adjournment. The Journal of Wednesday, July 17 30th, was read and approved. On motion, Senate 18 adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 24 Reports of standing committees. 25 Reports of select committees. 7141 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Thank you, 6 Madam President. 7 Madam President, on behalf of 8 Senator Libous, I wish to call up his bill, 9 Print Number 4716-A recalled from the Assembly, 10 which is now at the desk. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: By Senator 14 Libous, Senate Print 4716-A, an act to authorize 15 the village of Johnson City. 16 THE PRESIDENT: Senator - 17 SENATOR MARCELLINO: Madam 18 President, I now move to reconsider the vote by 19 which this bill was passed. 20 THE PRESIDENT: Call the roll on 21 reconsideration, please. 22 (The Secretary called the roll on 23 reconsideration. ) 24 THE SECRETARY: Ayes 35. 25 SENATOR MARCELLINO: I now offer 7142 1 the following amendments. 2 THE PRESIDENT: Amendments 3 received. 4 SENATOR MARCELLINO: Madam 5 President, on behalf of Senator Rath, I wish to 6 call up her bill, Print Number 5535, recalled 7 from the Assembly, which is now at the desk. 8 THE PRESIDENT: Secretary will 9 read. 10 THE SECRETARY: By Senator Rath, 11 Senate Print 5535, an act authorizing the town 12 of Amherst. 13 SENATOR MARCELLINO: Madam 14 President, I now move to reconsider the vote by 15 which this bill was passed. 16 THE PRESIDENT: Call the roll on 17 reconsideration, please. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 35. 21 SENATOR MARCELLINO: I now offer 22 the following amendments. 23 THE PRESIDENT: Amendments are 24 received. 25 SENATOR MARCELLINO: Thank you, 7143 1 Madam President. 2 On behalf of Senator Levy, I wish 3 to call up his bill, Print Number 5268-A, 4 recalled from the Assembly which is now at the 5 desk. 6 THE PRESIDENT: Secretary will 7 read. 8 THE SECRETARY: By Senator Levy, 9 Senate Print 5268-A, an act to amend the Vehicle 10 and Traffic Law. 11 SENATOR MARCELLINO: Madam 12 President, I now move to reconsider the vote by 13 which this bill was passed. 14 THE PRESIDENT: Call the roll on 15 reconsideration, please. 16 (The Secretary called the roll on 17 reconsideration.) 18 THE SECRETARY: Ayes 35. 19 ACTING PRESIDENT KUHL: 20 Amendments are received and adopted. 21 SENATOR MARCELLINO: Thank you, 22 Mr. President. 23 Mr. President, on behalf of 24 Senator Johnson, I wish to call up his bill, 25 Print Number 324-A. 7144 1 ACTING PRESIDENT KUHL: Secretary 2 will read the title. 3 THE SECRETARY: By Senator 4 Johnson, Senate Print 324-A, an act to amend the 5 Public Health Law. 6 ACTING PRESIDENT KUHL: Senator 7 Marcellino. 8 SENATOR MARCELLINO: Mr. 9 President, as you know, that bill was recalled 10 from the Assembly and is now at the desk, and at 11 this time I now move to reconsider the vote by 12 which this bill was passed. 13 ACTING PRESIDENT KUHL: Secretary 14 will call on roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration.) 17 THE SECRETARY: Ayes 35. 18 ACTING PRESIDENT KUHL: Senator 19 Marcellino. 20 SENATOR MARCELLINO: Mr. 21 President, I now offer the following 22 amendments. 23 ACTING PRESIDENT KUHL: 24 Amendments are received and adopted. 25 SENATOR MARCELLINO: Thank you. 7145 1 ACTING PRESIDENT KUHL: Senator 2 Skelos, we have some substitutions after Senator 3 Stachowski makes a motion. 4 Senator Stachowski. 5 SENATOR STACHOWSKI: Mr. 6 President, I move that the following bill be 7 discharged from their respective committee and 8 be recommitted with instructions to strike the 9 enacting clause: Senate 1449. 10 ACTING PRESIDENT KUHL: So 11 ordered. 12 The Secretary will read the 13 substitutions. 14 THE SECRETARY: On page 4, 15 Senator DeFrancisco, moves to discharge from the 16 Committee on Rules Assembly Print 6901-A and 17 substitute it for the identical bill, Third 18 Reading 1215. 19 On page 4, Senator Santiago moves 20 to discharge from the Committee on Rules 21 Assembly Print 8374-A and substitute it for the 22 identical Senate bill, Third Reading 1392. 23 ACTING PRESIDENT KUHL: 24 Substitutions are ordered. 25 Senator Skelos. 7146 1 SENATOR SKELOS: Mr. President, I 2 move we adopt the Resolution Calendar in its 3 entirety. 4 ACTING PRESIDENT KUHL: The 5 motion is to adopt the Resolution Calendar which 6 is on the members' desks. All those in favor 7 signify by saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response.) 11 The Resolution Calendar is 12 adopted. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, I 15 believe there's a privileged resolution at the 16 desk by Senator Velella. I ask that the title 17 be read and that you recognize Senator Velella. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the title to the privileged resolution 20 by Senator Velella. 21 THE SECRETARY: By Senator 22 Velella, Legislative Resolution urging General 23 Colin L. Powell to meet with a delegation of 24 elected New York State and City officials to 25 discuss the possibility of assuming the 7147 1 chancellorship of the City University of New 2 York. 3 ACTING PRESIDENT KUHL: 4 Resolution is before the house. Chair 5 recognizes Senator Velella, on the resolution. 6 SENATOR VELELLA: Mr. President, 7 I've had contacts with many members in the house 8 asking that they would be allowed to go on that 9 resolution. I'd ask that it be open to any 10 member who wishes to go on. 11 Certainly General Powell's 12 reputation is well known and I believe all of us 13 would agree that he would make a tremendous 14 chancellor of the City University. 15 ACTING PRESIDENT KUHL: On the 16 resolution. Senator Skelos, it appears that 17 there's a number of members. Shall we put all 18 the members on except those who indicate to the 19 desk that can they don't wish to be on the 20 resolution? 21 SENATOR SKELOS: Yes, Mr. 22 President. If a member notifies the desk that 23 they do not wish to sponsor it, then they will 24 not be put on the resolution. 25 ACTING PRESIDENT KUHL: Secretary 7148 1 will take the names of those members who don't 2 wish to be on the resolution. 3 Any other member wishing to speak 4 on the resolution? Senator Stachowski? No? 5 SENATOR STACHOWSKI: No. 6 ACTING PRESIDENT KUHL: Question 7 is on the resolution. All those in flavor 8 signify by saying aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response.) 12 The resolution is adopted. 13 Senator Stachowski, why do you 14 rise? 15 SENATOR STACHOWSKI: Mr. 16 President, I would like to make the members 17 aware that Senator Connor would like to open up 18 Resolution JL 2132, commemorating the 11th 19 Annual Greenpoint-Williamsburg Columbus Day 20 Parade to any members who would want to be on 21 it, and Senator Abate would like to open up her 22 resolution commending Visiting Neighbors, Inc., 23 on its 25th Anniversary for any members who 24 would like to go on it. 25 ACTING PRESIDENT KUHL: What was 7149 1 the second number of the resolution, Senator 2 Stachowski? 3 SENATOR STACHOWSKI: Second 4 number -- excuse me -- second number is JL 2177. 5 ACTING PRESIDENT KUHL: All the 6 members who wish to co-sponsor the resolutions 7 number 2132 and 2177, they're open for 8 sponsorship if they'll indicate to the desk. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, I 11 believe there's a privileged resolution at the 12 desk by Senator Dollinger. I move for its 13 immediate adoption, that the title be read, and 14 I believe Senator Maziarz wishes to co-sponsor 15 that resolution. 16 SENATOR MAZIARZ: Yes. 17 ACTING PRESIDENT KUHL: There is 18 a privileged resolution by Senator Dollinger at 19 the desk. I'll ask the Secretary to read the 20 title. 21 THE SECRETARY: By Senator 22 Dollinger, Legislative Resolution celebrating 23 the life and career of New York State Trooper 24 Christopher Peter Gerwitz. 25 ACTING PRESIDENT KUHL: Senator 7150 1 Stachowski, I don't see Senator Dollinger in the 2 chamber. Is it permissible to have Senator 3 Maziarz added as a co-sponsor of that 4 resolution? 5 (Senator Stachowski nods head.) 6 ACTING PRESIDENT KUHL: Without 7 objection, Senator Maziarz will be a co-sponsor 8 on the resolution. Question is on the 9 resolution. All those in favor signify by 10 saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response.) 14 Resolution is adopted. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 there will be an immediate meeting of the Senate 18 Rules Committee in the Majority Conference Room, 19 and the Senate will stand at ease. 20 ACTING PRESIDENT KUHL: Immediate 21 meeting of the Senate Rules Committee, immediate 22 meeting of the Senate Rules Committee in the 23 Majority Conference Room, Room 332, and the 24 Senate will stand at ease. 25 (The Senate stood at ease from 7151 1 1:44 to 1:53 p.m.) 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 if we could return to reports of standing 7 committees. I believe there's a report of the 8 Rules Committee at the desk. I ask that it be 9 read. 10 ACTING PRESIDENT KUHL: We'll 11 return to the order of reports of standing 12 committees. There is a report of the Rules 13 Committee at the desk. Secretary will read. 14 THE SECRETARY: Senator Bruno, 15 from the Committee on Rules, offers up the 16 following bills: 17 Senate Print 535-A, by Senator 18 Present, an act authorizing the Commissioner of 19 General Services; 20 5197-A, by Senator Seward, an act 21 amending the General Municipal Law; 22 2703-C, by Senator Saland, an act 23 to amend the Vehicle and Traffic Law; 24 Assembly Print 5974-A, by member 25 of the Assembly Pheffer, an act to amend the 7152 1 Election Law; 2 2655-A, by Senator Lack, an act 3 to amend the Criminal Procedure Law; 4 3752-A, by Senator Marchi, an act 5 to amend the Public Authorities Law; 6 4283-B, by Senator Rath, an act 7 to amend the Public Health Law; 8 4897-B, by Senator Saland, an act 9 to authorize change of beneficiary; 10 49 -- 4898-D, by Senator Saland, 11 an act to authorize the city of Poughkeepsie; 12 5047-B, by Senator Holland, an 13 act to amend the Retirement and Social Security 14 Law; 15 5412, by Senator Nanula, an act 16 to require New York State local employees 17 retirement system; 18 5516, by Senator Bruno, an act in 19 relation to authorizing; 20 5517, by Senator Volker, an act 21 to amend Chapter 824 of the Laws of 1933; 22 5528-B, by Senator LaValle, an 23 act authorizing the re-opening of a 20-year 24 retirement plan; 25 5627, by Senator Leibell, an act 7153 1 to amend the Vehicle and Traffic Law; 2 5674, by Senator Oppenheimer, an 3 act to authorize the town of Harrison; 4 5678, by the committee on Rules, 5 an act authorizing the assessor of the county of 6 Nassau; 7 5680, by Senator Skelos, an act 8 to amend the Business Corporation Law; 9 5694, by Senator Trunzo, an act 10 to amend Chapter 582 of the Laws of 1996; 11 5700, by Senator Marcellino, an 12 act to amend Chapter 548 of the Laws of 1995; 13 5709, by Senator Lack, an act to 14 amend the Uniform Commercial Code Act; and 15 5713, by Senator Rath, an act to 16 amend the Real Property Tax Law. 17 All bills directly for third 18 reading. 19 ACTING PRESIDENT KUHL: Senator 20 Skelos. 21 SENATOR SKELOS: Could we adopt 22 the report of the Rules - 23 ACTING PRESIDENT KUHL: Motion is 24 to accept the report of the Rules Committee. 25 All those in favor signify by saying aye. 7154 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response.) 4 The report of the Rules Committee 5 is accepted and adopted. The bills are reported 6 directly to third reading. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 if we could now at this time take up Calendar 10 Number 63. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the non-controversial reading of 13 Calendar Number 63. That's the original 14 calendar of the day. 15 SENATOR SKELOS: Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Skelos. 18 SENATOR SKELOS: Before we take 19 up the calendar, there will be an immediate 20 meeting of the Insurance Committee in the 21 Majority Conference Room. 22 ACTING PRESIDENT KUHL: Immediate 23 meeting of the Insurance Committee, immediate 24 meeting of the Insurance Committee, in the 25 Majority Conference Room, Room 332. 7155 1 (The Senate stood at ease 2 briefly.) 3 ACTING PRESIDENT KUHL: The 4 Senate will come to order. Members take their 5 places, staff their places. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 at this time, if we could take up Calendar 9 Number 63 non-controversial. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the non-controversial reading of 12 Calendar Number 63. 13 THE SECRETARY: Calendar Number 14 110, by Senator Present, Senate Print 765-B, an 15 act to amend the State Administrative Procedure 16 Act. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 1st day of 21 October. 22 SENATOR PATERSON: Mr. 23 President. 24 ACTING PRESIDENT KUHL: Senator 25 Paterson, why do you rise? 7156 1 SENATOR PATERSON: Mr. President, 2 may we lay that aside. 3 ACTING PRESIDENT KUHL: We'll lay 4 Calendar Number 110 aside at the request of the 5 Acting Minority Leader. 6 Secretary will continue to read 7 the non-controversial reading of Calendar Number 8 63. 9 THE SECRETARY: Calendar Number 10 758, by Senator Meziarz, Senate Print 4982-B, an 11 act to amend the Real Property Law. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 48. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 877, by Senator Lack, Senate Print 2699-C, an 24 act to amend the Alcoholic Beverage Control 25 Law. 7157 1 SENATOR STACHOWSKI: 2 Explanation. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 1215, by member of the Assembly Bragman, 7 Assembly Print 6901-A, an act in relation to 8 authorizing the county of Onondaga. 9 ACTING PRESIDENT KUHL: This bill 10 was substituted earlier. There is a home rule 11 message at the desk. Secretary will read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 48. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar number 22 1391, by Senator Tully, Senate Print 5582-A, an 23 act to amend the Public Authorities Law. 24 ACTING PRESIDENT KUHL: Secretary 25 will read the last section. 7158 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 48. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1392, substituted earlier today, by the Assembly 11 Committee on Rules, Assembly Print 8374-A, an 12 act authorizing the Office of General Services 13 to sell and convey. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll,). 21 THE SECRETARY: Ayes 48. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 Senator Skelos, that completes 25 the reading of the non-controversial calendar. 7159 1 SENATOR SKELOS: Do the 2 controversial calendar at this time. 3 ACTING PRESIDENT KUHL: Secretary 4 will start the controversial reading of Calendar 5 Number 63, beginning with Calendar Number 110, 6 on page 4. 7 THE SECRETARY: Calendar Number 8 110, by Senator Present, Senate Print 765-B, an 9 act to amend the State Administrative Procedure 10 Act. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 1st day of 15 October. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 49. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 877, by Senator Lack, Senate Print 2699-C, an 24 act to amend the Alcoholic Beverage Control 25 Law. 7160 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. 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 49. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 Senator Skelos, that completes 12 the reading of the controversial calendar on 13 Calendar Number 63. 14 SENATOR SKELOS: Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Skelos. 17 SENATOR SKELOS: At this time if 18 we could take up Supplemental Calendar Number 19 63-A, non-controversial, please. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the non-controversial 22 reading of Calendar Number 63-A. It's the 23 supplemental calendar which has been handed out 24 and is on all of the members' desks together 25 with the supplemental calendar bills which are 7161 1 on the members' desks. 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 112, in relation to Calendar Number 112, Senator 5 Present moves to discharge from the Committee on 6 Rules Assembly Print 1525-A and substitute it 7 for the identical Senate bill, Third Reading 8 112. 9 ACTING PRESIDENT KUHL: 10 Substitution of the Assembly bill or the Senate 11 bill is ordered. Secretary will read the title. 12 THE SECRETARY: Calendar Number 13 112, by member of the Assembly Magee, Assembly 14 Print 1525-A, an act authorizing the 15 Commissioner of General Services. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 49. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 7162 1 THE SECRETARY: Calendar Number 2 838, by Senator Seward, Senate Print 5197-A, an 3 act to amend the General Municipal Law. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 49. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 982, by Senator Saland, Senate Print 2703-C, an 16 act to amend the Vehicle and Traffic Law. 17 SENATOR PATERSON: Lay aside. 18 ACTING PRESIDENT KUHL: There is 19 a home rule message at the desk. Secretary will 20 lay the bill aside. 21 THE SECRETARY: Calendar Number 22 10... 23 ACTING PRESIDENT KUHL: Excuse me 24 just a minute. 25 Senator Marcellino, why do you 7163 1 rise? 2 SENATOR MARCELLINO: Yes, for the 3 purposes of a nomination, there will be an 4 immediate meeting of the Environmental 5 Conservation Committee in Room 332. 6 ACTING PRESIDENT KUHL: There 7 will be an immediate meeting of the 8 Environmental Conservation Committee, immediate 9 meeting of the Environmental Conservation 10 Committee in the Majority Conference Room, Room 11 332. 12 Secretary will continue to read 13 the non-controversial reading of Calendar Number 14 63-A. 15 THE SECRETARY: Calendar Number 16 1027, by member of the Assembly Pheffer, 17 Assembly Print 5974-A, an act to amend the 18 Election 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 24 roll. 25 (The Secretary called the roll. ) 7164 1 THE SECRETARY: Ayes 49. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1538, in relation to Calendar Number 1538, 6 Senator Lack moves to discharge from the 7 Committee on Rules Assembly Print 4358-A, and 8 substitute it for the identical Senate Print, 9 Third Reading 1538. 10 ACTING PRESIDENT KUHL: 11 Substitution is ordered. 12 Secretary will read the title. 13 THE SECRETARY: Calendar Number 14 1538, by member of the Assembly Wertz, Assembly 15 Print 4358-A, an act to amend the Criminal 16 Procedure Law. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 24 THE SECRETARY: Ayes 49. 25 ACTING PRESIDENT KUHL: The bill 7165 1 is passed. 2 THE SECRETARY: Calendar Number 3 1539, by Senator Marchi, Senate Print 3752-A, an 4 act to amend the Public Authorities Law and the 5 Real Property Tax Law. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 15. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 49. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1540, in relation to Calendar Number 1540, 18 Senator Rath moves to discharge from the 19 Committee on Finance Assembly Print 5348-B and 20 substitute it for the identical Senate Print, 21 Third Reading 1540. 22 ACTING PRESIDENT KUHL: 23 Substitution is ordered. Secretary will read 24 the title. 25 THE SECRETARY: Calendar Number 7166 1 1540, by member of the Assembly Weinstein, 2 Assembly Print 5348-B, an act to amend the 3 Public Health Law. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 49. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1541, by Senator Saland, Senate Print 4897-B, an 16 act to authorize Edmund Haase to change the 17 beneficiary of his retirement allowance. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. Lay the bill 20 aside. 21 THE SECRETARY: Calendar Number 22 1542, by Senator Saland, Senate Print 4898-D, an 23 act to authorize the city of Poughkeepsie, 24 county of Dutchess, to sell and convey certain 25 park land. 7167 1 ACTING PRESIDENT KUHL: There is 2 a home rule message at the desk. Secretary will 3 read the last section. 4 THE SECRETARY: Section 4. 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 49. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1543, by Senator Holland, Senate Print 5047-B, 14 an act to amend the Retirement and Social 15 Security Law. 16 SENATOR LEICHTER: Lay it aside. 17 ACTING PRESIDENT KUHL: There is 18 a home rule message at the desk. Secretary will 19 lay the bill aside. 20 THE SECRETARY: Calendar Number 21 1544, by Senator Nanula, Senate Print 5412, an 22 act to require the New York State and local 23 employees' retirement system to accept a 24 retirement application. 25 ACTING PRESIDENT KUHL: There is 7168 1 a home rule message at the desk. Secretary will 2 read the last section. 3 THE SECRETARY: Section 3. 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 49. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1545, by Senator Bruno, Senate Print 5516, an 13 act in relation to authorizing the town of 14 Pittstown to transfer certain funds. 15 ACTING PRESIDENT KUHL: There is 16 a home rule message at the desk. Secretary will 17 read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 49. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 7169 1 THE SECRETARY: Calendar Number 2 1546, by Senator Volker, Senate Print 5517, an 3 act to amend Chapter 824 of the Laws of 1933. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 5. 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 49. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1547, by Senator LaValle, Senate Print 5528-B, 16 an act authorizing the re-opening of a 20-year 17 retirement plan. 18 ACTING PRESIDENT KUHL: There is 19 a home rule message at the desk. Secretary will 20 read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll. ) 7170 1 THE SECRETARY: Ayes 49. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1548, by Senator Leibell, Senate Print 5627, an 6 act to amend the Vehicle and Traffic Law, in 7 relation to membership. 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 ACTING PRESIDENT KUHL: Record 16 the negatives and announce the results. 17 THE SECRETARY: Ayes 48, nays 1, 18 Senator Leichter recorded in the negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1549, by Senator Oppenheimer, Senate Print 5674, 23 an act to authorize the town of Harrison, 24 Westchester County. 25 ACTING PRESIDENT KUHL: There is 7171 1 a home rule message at the desk. Secretary will 2 read the last section. 3 THE SECRETARY: Section 5. 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 49. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1550, by the Committee on Rules, Senate Print 13 5678, an act authorizing the assessor of the 14 county of Nassau. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 ACTING PRESIDENT KUHL: Record 23 the negative and announce the results. 24 THE SECRETARY: Ayes 48, nays 25 one, Senator Dollinger recorded in the 7172 1 negative. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1551, by Senator Skelos, Senate Print 5680, an 6 act to amend the Business Corporation Law. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 7. This 10 act shall take effect on the same date as the 11 chapter of the laws of 1997. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 50. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1552, by Senator Trunzo, Senate Print 5694, an 20 act to amend Chapter 582 of the Laws of 1996. 21 SENATOR SKELOS: Lay aside for 22 amendment. 23 ACTING PRESIDENT KUHL: Lay the 24 bill aside. 25 THE SECRETARY: Calendar Number 7173 1 1553, in relation to Calendar Number 1553, 2 Senator Marcellino moves to discharge from the 3 Committee on Rules Assembly Print 8553 and 4 substitute it for the identical Senate Third 5 Reading 1553. 6 ACTING PRESIDENT KUHL: 7 Substitution is ordered. Secretary will read the 8 title. 9 SENATOR DOLLINGER: Lay the bill 10 aside. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar 14 Number - 15 SENATOR LEICHTER: Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter, why do you rise? 18 SENATOR LEICHTER: Is Calendar 19 Number 1551 still at the desk? 20 A VOICE: Do we have Calendar 21 Number - 22 ACTING PRESIDENT KUHL: Excuse me. 23 SENATOR LEICHTER: Would you hold 24 this young gentleman there who is walking out 25 with some bills? Would you hold that? Hello! 7174 1 ACTING PRESIDENT KUHL: Senator 2 Leichter, 1551 is gone. I'm sorry. 3 SENATOR DOLLINGER: Mr. 4 President. 5 SENATOR LEICHTER: Well, you 6 know. Yeah. 7 SENATOR DOLLINGER: Mr. 8 President, I -- Senator Leichter asked when the 9 gentleman hadn't left the room. I find it 10 unusual that a member would ask that they be 11 delayed. I appreciate that the Chair needs to 12 know what bills are in the house, but I thought 13 he had intercepted him before he got out the 14 door, and I'm disappointed that he was allowed 15 to walk out. 16 ACTING PRESIDENT KUHL: Senator 17 Dollinger, I don't have -- excuse me, Senator 18 Leichter has the floor. You're asking whether 19 or not the calendar is here, the bill was here. 20 I'm told by the Journal Clerk that it is not 21 here. 22 SENATOR LEICHTER: Well, it was 23 here when I got up, Mr. President. Let's stop 24 playing -- let's stop playing games. 25 ACTING PRESIDENT KUHL: Senator 7175 1 Leichter, I - 2 SENATOR LEICHTER: I'm sorry, Mr. 3 President. I have the floor, and I'm saying 4 that - 5 ACTING PRESIDENT KUHL: If I 6 choose to recognize you, Senator Leichter. 7 SENATOR LEICHTER: Well, you did 8 recognize me. 9 ACTING PRESIDENT KUHL: I'm 10 willing to entertain your conversation. I'm just 11 telling you, you asked that a bill -- whether it 12 was at the desk. It is not at the desk. I'm 13 sorry to inform you that it is not here. 14 SENATOR LEICHTER: O.K. 15 ACTING PRESIDENT KUHL: I don't 16 have the capability to stop people from what 17 they have or leaving the chamber at this point, 18 Senator Leichter. I don't know what they have, 19 what they're carrying. My information is 20 provided to me by the Journal Clerk. The Journal 21 Clerk tells me that the bill is not in the 22 house. 23 SENATOR LEICHTER: Mr. President, 24 there are games being played here. I'm sorry to 25 say that. I have respect for you as a person, 7176 1 but I think that all members here ought to be 2 treated fairly, and I think that the procedures 3 of the house should be carried out according to 4 the rules. I raised the issue. The person was 5 standing there holding this batch of bills. I 6 asked at a time when he was in the house and, 7 therefore, the bills were in the house. He 8 continued walking when I asked that he please 9 stop. You took some time to check the records, 10 by which time he had left. I think that's 11 improper, Mr. President. 12 ACTING PRESIDENT KUHL: The 13 Secretary will continue to call the 14 non-controversial calendar continuing with 15 Calendar Number 1554, by Senator Lack. 16 THE SECRETARY: Calendar Number 17 1554, in relation to Calendar Number 1554, 18 Senator Lack moves to discharge the Committee on 19 Rules from Assembly Print 5619-B, and substitute 20 it for the identical Third Reading 1554. 21 SENATOR LEICHTER: Lay aside. 22 ACTING PRESIDENT KUHL: Substi... 23 lay the bill aside. 24 THE SECRETARY: Calendar Number 25 1555, by Senator Rath, Senate Print 5713, an act 7177 1 to amend the Real Property Tax Law. 2 SENATOR LEICHTER: Lay it aside. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 Senator Skelos, that completes 6 the non-controversial reading of Calendar Number 7 63-A. 8 SENATOR SKELOS: Take it up 9 controversial now, Mr. President. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the controversial reading of Calendar 12 Number 63-A, beginning with Calendar Number 13 1541, by Senator Saland. Excuse me. 14 SENATOR DOLLINGER: I think - 15 ACTING PRESIDENT KUHL: Calendar 16 Number 982, excuse me. Secretary will read. 17 THE SECRETARY: Calendar Number 18 982, by Senator Saland, Senate Print 2703-C, an 19 act to amend the Vehicle and Traffic Law. 20 ACTING PRESIDENT KUHL: There is 21 a home rule message at the desk. 22 SENATOR PATERSON: Explanation, 23 please. 24 ACTING PRESIDENT KUHL: Senator 25 Saland, an explanation of Calendar Number 982 7178 1 has been requested by Senator Paterson. 2 SENATOR SALAND: Thank you, Mr. 3 President. 4 Mr. President, this is a bill 5 which has been requested by the city of Beacon, 6 the purpose of which is to deal with parking 7 difficulties they're experiencing in the 8 immediate area - 9 ACTING PRESIDENT KUHL: Senator 10 Saland, excuse me just a minute. There's an 11 awful lot of noise in the chamber. It's very 12 difficult for any member, I'm sure, to hear your 13 explanation until we have get some quiet, so if 14 we could have staff who are talking to members 15 take their conversations out of the chamber, 16 members take their seats. 17 Senator Saland, for an 18 explanation. 19 SENATOR SALAND: Thank you, Mr. 20 President. 21 As I mentioned in my earlier 22 remarks, this bill was requested by the city of 23 Beacon in response to parking difficulties that 24 residents are experiencing in the neighborhood 25 of the Metro-North station which is located in 7179 1 Beacon. There is an attempt to allocate spaces, 2 I believe, along the line of an 80/20 formula 3 that some 80 percent of the spaces in the 4 immediately designated area would be available 5 to residents, and some 20 percent would be 6 available to non-residents. 7 I'm assuming that this is a 8 temporary measure in some respects simply 9 because there are plans to expand Metro-North 10 parking in the region, which will probably 11 render this -- the need for this legislation 12 somewhat academic two or three years or so down 13 the road. 14 ACTING PRESIDENT KUHL: Senator 15 Breslin. 16 SENATOR BRESLIN: Thank you, Mr. 17 President. 18 I rise in support of the bill of 19 Senator Saland, as I have supported six previous 20 bills during this session for parking permits 21 with home rule messages. There's also a bill 22 dealing with the city of Albany that's similar 23 in nature, and I would reach out to the members 24 of this body for similar courtesies. It's 25 accompanied by a home rule message. It's 7180 1 accompanied by support from the city of Albany. 2 It's a bill that passed 56 to 1 in this house 3 last year and 56 to 1 in this house the year 4 before last, this same identical bill. So I 5 reach out for you to support the bill of Senator 6 Saland with the hopes that the same could be 7 done for the citizens of the city of Albany. 8 Thank you. 9 ACTING PRESIDENT KUHL: Is there 10 any other Senator wishing to speak on the bill? 11 SENATOR SKELOS: Last section. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 53. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 there will be an immediate meeting of the 25 Finance Committee in the Majority Conference 7181 1 Room. 2 ACTING PRESIDENT KUHL: Be an 3 immediate meeting of the Finance Committee, 4 immediate meeting of the Finance Committee in 5 Room 332, the Majority Conference Room. 6 Secretary will continue to read 7 the controversial calendar. 8 THE SECRETARY: Calendar Number 9 1541, by Senator Saland, Senate Print 4897-B, an 10 act to authorize Edmund Haase to change the 11 beneficiary of his retirement allowance. 12 SENATOR LEICHTER: Explanation. 13 ACTING PRESIDENT KUHL: Senator 14 Saland, an explanation of Calendar Number 1541 15 has been requested. 16 SENATOR SALAND: Mr. President, 17 this is a bill which attempts to, in effect, 18 enable a Mr. Haase to comply with the prior 19 order of the court pursuant to which he was 20 supposed to have named his wife as the 21 beneficiary of his pension program and 22 apparently for reasons best known to him, he 23 chose to name somebody other than his wife, and 24 I am assuming there's pending under threat of a 25 contempt order, and this -- this measure 7182 1 provides him with the ability to go back and 2 comply with the order of the court, as I believe 3 he may have been required to do pursuant to a 4 separation agreement or court stipulation. 5 There are no expenses associated 6 or fiscal impacts associated with this. 7 SENATOR DOLLINGER: Mr. 8 President, if I'm in order, I had laid the bill 9 aside to ask for an explanation. Through you, 10 Mr. President, if Senator Saland would just 11 answer a couple quick questions. 12 ACTING PRESIDENT KUHL: Senator 13 Saland, will you respond to a question from 14 Senator Dollinger? 15 SENATOR SALAND: Yes, Mr. 16 President. 17 ACTING PRESIDENT KUHL: The 18 Senator yields. 19 SENATOR DOLLINGER: As you know, 20 Senator, we've done a lot of these different 21 pension bills for all different kinds of 22 reasons. This one, the reason why I laid it 23 aside, this was an unusual bill. Is there 24 anything that you're aware of, Senator -- I know 25 you're an attorney -- that would prevent the 7183 1 court from ordering the state department, the 2 retirement system, from making the change? 3 Wouldn't a court order do this without - 4 SENATOR SALAND: The -- we're 5 advised that the retirement system does not have 6 the ability to make a change to enable Mr. Haase 7 to comply with the prior judgment of the court. 8 SENATOR DOLLINGER: Again through 9 you, Mr. President, if Senator Saland will 10 continue to yield. 11 ACTING PRESIDENT KUHL: Senator 12 Saland, do you continue to yield? 13 SENATOR SALAND: Yes. 14 ACTING PRESIDENT KUHL: Senator 15 continues to yield. 16 SENATOR SALAND: If I may 17 continue in response to Senator Dollinger's 18 question, under Section 90, subdivisions (b) 19 (bb) and (c) of the Retirement and Social 20 Security Law he effectively is precluded from 21 doing that by reason of the fact that, again, 22 the retirement people do not have the ability to 23 respond favorably, whether it's to his request 24 or the judgment of the court. 25 SENATOR DOLLINGER: Again through 7184 1 you, Mr. President, if Senator Saland will 2 continued to yield. 3 ACTING PRESIDENT KUHL: Senator, 4 do you yield? Senator Saland, do you continue 5 to yield? 6 SENATOR SALAND: Yes, Mr. 7 President. 8 ACTING PRESIDENT KUHL: Senator 9 continues to yield. 10 SENATOR DOLLINGER: Is this a 11 typical problem encountered in a divorce 12 proceeding, that the designation of the 13 beneficiary of the retirement system is altered 14 or changed? 15 I'm just concerned, Senator, that 16 if we have a rule that restricts the court from 17 complying with decrees from the Court of Appeals 18 with respect to equitable distribution, we have 19 something that stands in the way of the courts 20 being able to equitably distribute New York 21 State pensions, we ought to do something about 22 that on a global scale and not just do it for 23 Mr. Haase, even given the somewhat unique pickle 24 he appears to be in. 25 SENATOR SALAND: I'm advised, as 7185 1 you pointed out in your opening comments, that 2 this is a somewhat unique situation and my 3 understanding is that there is of record no 4 other similar case where this has happened. I 5 do not know the whys and wherefores that led to 6 this gentleman not complying with what he was 7 directed to do, but I am advised that if, in 8 fact, this relief is not afforded him, that he 9 may wind up having to pack his tooth brush and 10 go to distant places. 11 SENATOR DOLLINGER: Again through 12 you, Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Saland, you continue to yield? 15 SENATOR SALAND: Yes. 16 ACTING PRESIDENT KUHL: Senator 17 continues to yield. 18 SENATOR DOLLINGER: Do you 19 foresee the possibility that this bill would 20 give rise to other instances in which people 21 undergoing divorces would come to us to allow 22 them to change the designation of beneficiary? 23 I'm concerned because, as you 24 know, we did all those pension bills about 25 people who had mistakes in their pension 7186 1 application process. We still do them but we 2 did create that appeals system, and I'm just 3 wondering whether we should look to creation of 4 a similar system. 5 SENATOR SALAND: I obviously -- I 6 don't think any of us contemplated this 7 particular fact pattern at the time that we did 8 that particular bill that created the 9 mechanism. In my opinion, I would think that in 10 the vast majority, in fact virtually uniformly 11 in all of these cases, either on the advise of 12 counsel or simply because one appreciates the 13 effect of being directed to do so by the court, 14 that the person obligated to make a beneficiary 15 designation in a certain way would, in fact, 16 comply. 17 Now, you were kind enough to 18 refer to me as being an attorney, and yes, I am, 19 but I don't practice as actively as I did up to 20 a few years ago when I did do a bit of 21 matrimonial work. I never ran into this kind of 22 problem in all of my years of doing 23 matrimonials. 24 SENATOR DOLLINGER: Mr. 25 President, on the bill. 7187 1 I accept Senator Saland's 2 description of this. I have a great deal of 3 sympathy for Mr. Haase, and I understand that if 4 we don't pass this bill he may find himself in 5 even a bigger pickle but I -- nonetheless, I'm 6 concerned about opening the flood gates to 7 applications like this and, at least from my 8 perspective, I'm somewhat astounded that the 9 state Supreme Court couldn't issue an order 10 requiring the retirement system to effectuate 11 that change even whether he consents to it or 12 not. 13 Obviously, Mr. Haase now consents 14 to this change because he stands here looking 15 for an individual bill to accomplish it, and I 16 just -- I'm somewhat troubled by it all. I have 17 sympathy for Mr. Haase, and I appreciate Senator 18 Saland coming to his aid but, Mr. President, 19 under the circumstances because I'm worried 20 about opening the flood gates, I'm going to vote 21 in the negative. 22 ACTING PRESIDENT KUHL: Senator 23 Saland, on the bill? No? Any other Senator 24 wishing to speak on the bill? 25 Secretary will read the last - 7188 1 Senator Leichter. 2 SENATOR LEICHTER: Senator 3 Saland, if you'd be so good as to yield. 4 ACTING PRESIDENT KUHL: Senator 5 Saland, do you yield? 6 SENATOR SADLAND: Yes, I may. 7 Yes, I will. May I just, because I didn't 8 respond entirely correctly to one of Senator 9 Dollinger's questions, so would you indulge me. 10 My ever present and effective staff advises me 11 that this request came, not from Mr. Haase but 12 from the former Mrs. Haase's attorney, and that 13 our sympathy should be with Mrs. Haase, not 14 necessarily Mr. Haase. I'm sorry, Senator 15 Leichter. 16 SENATOR DOLLINGER: (Inaudible 17 comment. ) 18 SENATOR LEICHTER: I have 19 listened to you answering Senator Dollinger's 20 question, maybe not as carefully as I should 21 have, and if you answered then I apologize, but 22 are you telling us that if Mr. Haase now says to 23 the retirement board, wherever these papers are 24 to be filed, I designated somebody else. That 25 was in error. It wasn't only an error, it was 7189 1 in violation of a court order, and in view of 2 that, I attach a copy of the court order. I am 3 now designating whoever he was initially 4 supposed to designate. You're saying that the 5 board cannot accept that? 6 SENATOR SALAND: We're apprised 7 both by counsel and by the board that, because 8 Mr. Haase is already retired, that he cannot do 9 that. 10 SENATOR LEICHTER: Even with a 11 court order appended? 12 SENATOR SALAND: That's what 13 we've been advised, Senator Leichter. 14 ACTING PRESIDENT KUHL: Any other 15 Senator wishing to speak on the bill? Hearing 16 none, the Secretary will read the last section. 17 THE SECRETARY: Section 3. 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 54. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 7190 1 1543, by Senator Holland, Senate Print 5047-B, 2 an act to amend the Retirement and Social 3 Security Law. 4 SENATOR LEICHTER: Explanation. 5 ACTING PRESIDENT KUHL: Senator 6 Holland, an explanation of Calendar Number 1543 7 has been requested by Senator Leichter. 8 SENATOR LEICHTER: Yes, Mr. 9 President. This bill would allow the county of 10 Rockland to adopt at their option a 20-year 11 retirement plan for detective investigators 12 within the office of the district attorney. 13 Last section. 14 SENATOR LEICHTER: I just want to 15 read the fiscal note. 16 ACTING PRESIDENT KUHL: For the 17 benefit of the members, there is a home rule 18 message at the desk. 19 SENATOR LEICHTER: Right, and - 20 ACTING PRESIDENT KUHL: Senator 21 Leichter, do you have a question? 22 SENATOR LEICHTER: Senator 23 Holland, I'm just looking quickly at the fiscal 24 note. I see there is no expense to the state of 25 New York, is that right? 7191 1 SENATOR HOLLAND: Yes, sir. 2 SENATOR LEICHTER: All the costs 3 will be borne by the county of Rockland? 4 SENATOR HOLLAND: Yes, sir. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 54. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1552, by Senator Trunzo, Senate Print 5694, an 17 act to amend Chapter 582 of the Laws of 1996. 18 SENATOR SKELOS: Lay that aside 19 for amendment, please. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside for amendment. 22 THE SECRETARY: Calendar Number 23 1553, by the Assembly Committee on Rules, 24 Assembly Print 8553, an act to amend Chapter 548 25 of the Laws of 1995. 7192 1 SENATOR DOLLINGER: Explanation. 2 ACTING PRESIDENT KUHL: Senator 3 Marcellino, an explanation has been requested of 4 Calendar Number 1553 by Senator Dollinger. 5 SENATOR MARCELLINO: Thank you, 6 Mr. President. 7 Mr. President, this legislation 8 would extend for two years the Department's 9 authority to use sweepstakes to increase 10 subscribers for its magazine, The 11 Conservationist. 12 ACTING PRESIDENT KUHL: Senator 13 Dollinger. 14 SENATOR DOLLINGER: Could Senator 15 Marcellino yield to a question, Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Marcellino, do you yield to a question from 18 Senator Dollinger? 19 SENATOR MARCELLINO: Sure, I will. 20 ACTING PRESIDENT KUHL: Senator 21 yields. 22 SENATOR DOLLINGER: Again, Mr. 23 President, I apologize, I just saw this bill for 24 the first time. Could you just tell me what the 25 sweepstakes are. We're just running a little 7193 1 game of inducement to have people sign up for a 2 magazine that we publish and that the taxpayers 3 pay for that we make no profit on? 4 SENATOR MARCELLINO: 5 (Inaudible-background conversation)*** within 6 the Department. The magazine, due to increasing 7 costs of production, has been costing more and 8 more to the Department which is required to 9 publish this magazine. It is an award winning 10 magazine, as you know, if you have read it, has 11 received worldwide and nationwide acclaim. 12 The idea of the sweepstakes is 13 they put a little card in there, say that to 14 increase subscribers to the magazine to kind of 15 offset the cost of the production. As a result 16 of these sweepstakes, these prices are donated, 17 not paid for but donated. The reward for the 18 donation is an ad placed in the magazine for the 19 company donating the prices, is limited to a 20 cost of $250 and no more. This has been ongoing 21 for the past two years. We're renewing the 22 process again. It has been a successful means of 23 increasing subscribership to this magazine and 24 thus offsetting cost. 25 SENATOR DOLLINGER: Explanation 7194 1 satisfactory. 2 ACTING PRESIDENT KUHL: Secretary 3 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 54. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1554, by member of the Assembly Weinstein, 14 Assembly Print 6619-C, an act to amend the 15 Uniform Commercial Code Act. 16 SENATOR LEICHTER: Explanation. 17 ACTING PRESIDENT KUHL: Senator 18 Lack, an explanation of Calendar Number 1554 has 19 been requested by Senator Leichter. 20 SENATOR LEICHTER: Thank you, Mr. 21 President. 22 This is passage of a new revised 23 Article 8 of the Uniform Commercial Code. It's 24 been passed by the Assembly, is supported by the 25 Governor. The majority of states in the United 7195 1 States have passed it. It's suggested by the 2 Uniform Laws Commissioner and is now before the 3 Senate for passage. It's not here haphazardly. 4 It's, in one version or another, something that 5 my staff and the Assembly staff of the Judiciary 6 Committee have been working on for probably 7 close to three years. 8 SENATOR LEICHTER: If Senator 9 Lack would yield, please. 10 ACTING PRESIDENT KUHL: Senator 11 Lack, would you yield to questions from Senator 12 Leichter? 13 SENATOR LACK: Sure. 14 ACTING PRESIDENT KUHL: Senator 15 yields. 16 SENATOR LEICHTER: Senator, has 17 this particular bill been reviewed by the 18 Association of the Bar, other bar associations, 19 do you have any memos by those associations? 20 SENATOR LACK: I don't know if we 21 have any memos, Mr. President, from the 22 Association of the Bar, memos per se. They did 23 issue a formal report. They've held, oh, if I 24 said 30 maybe it would be inaccurate, but 25 somewhere around there, meetings with my staff 7196 1 and Assembly Judiciary staff and have issued a 2 report strongly -- strongly in favor of it. 3 Both the Assembly and we had a 4 number of problems, which is why we've held this 5 for a year or two. We basically changed the 6 precatory language and not the article itself. 7 After all, we're dealing with the Uniform 8 Commercial Code and uniformity is what one seeks 9 throughout the country. We're putting this 10 Article 8 out as is. New York is somewhat 11 different than some other states in terms of a 12 notation that's used with articles in the 13 Uniform Commercial Code, so there is some 14 precatory language which explains in terms of 15 the transferability of -- you like that, huh? - 16 transferability of investment securities and how 17 it should be handled. 18 Because it is Article 8, Mr. 19 President, there is intense interest since the 20 major security markets are here that New York 21 enact this legislation at this time. 22 SENATOR LEICHTER: Mr. President. 23 ACTING PRESIDENT KUHL: Senator 24 Leichter. 25 SENATOR LEICHTER: If Senator 7197 1 Lack will continue to yield. 2 Senator Lack, one of my concerns 3 is the impact that this may have on securities 4 that reflect ownership in cooperative apartment 5 buildings. As you know, a regular practice has 6 sprung up as to how these securities are handled 7 and dealt with, and how they can be put up for 8 collateral, and so on. 9 Does this bill change any of 10 that? 11 SENATOR LACK: No. 12 SENATOR LEICHTER: Does it apply 13 to shares in cooperative apartments? 14 SENATOR LACK: I -- only to the 15 extent that those types of shares wherever sold 16 for investment purposes as part of companies 17 that in and by themselves might exist with their 18 own shares of stock for the purchase or 19 otherwise, or other hypothecation of real estate 20 but if you're talking about your selling your 21 co-op, no. 22 SENATOR LEICHTER: O.K. Thank 23 you. 24 ACTING PRESIDENT KUHL: Secretary 25 will read the last section. 7198 1 THE SECRETARY: Section 29. This 2 act shall take effect on the 30th day. 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 THE SECRETARY: Calendar Number 10 1555, by Senator Rath, Senate Print 5713, an act 11 to amend the Real Property Tax Law. 12 SENATOR LEICHTER: Explanation. 13 SENATOR SKELOS: Lay it aside 14 temporarily. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside temporarily. 17 Senator Skelos, that completes 18 the reading of the controversial calendar. 19 SENATOR SKELOS: Mr. President, 20 is there any housekeeping at the desk? 21 ACTING PRESIDENT KUHL: There's 22 nothing. 23 SENATOR SKELOS: Then we'll stand 24 at ease pending the report of the Finance 25 Committee. 7199 1 ACTING PRESIDENT KUHL: Senate 2 will stand at ease pending the report of the 3 Finance Committee. 4 (The Senate stood at ease at 3:45 5 p.m.) 6 SENATOR SKELOS: Mr. President, 7 if we could return to the supplemental calendar 8 and call up Calendar Number 1555, please. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the title to Calendar Number 1555, 11 it's on Supplemental Calendar 63-A. 12 THE SECRETARY: Calendar Number 13 1555, by Senator Rath, Senate Print 5713, an act 14 to amend the Real Property Tax Law. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the same date as a 19 chapter of the laws of 1997. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 54. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 7200 1 SENATOR SKELOS: Senate will 2 stand at ease. 3 ACTING PRESIDENT KUHL: Senator 4 Dollinger, why do you rise? 5 SENATOR DOLLINGER: Mr. 6 President, I had spoken with Senator Saland and 7 announced my intention to vote negative -- in 8 the negative on Calendar Number 1541. I 9 understand I was recorded in the affirmative. 10 I'd ask for unanimous consent to be recorded in 11 the negative on that bill. 12 ACTING PRESIDENT KUHL: Without 13 objection. 14 SENATOR DOLLINGER: Thank you, 15 Mr. President. 16 ACTING PRESIDENT KUHL: Hearing 17 no objection, Senator Dollinger will be recorded 18 in the negative on Calendar Number 1541. 19 (The Senate stood at ease.) 20 ACTING PRESIDENT KUHL: Senate 21 will come to order. Ask the members to take 22 their places, staff to take their places. If 23 it's necessary to have a conversation, please 24 have the conversation outside the chamber. 25 Senator Skelos. 7201 1 SENATOR SKELOS: Mr. President, 2 if we could return to reports of standing 3 committees, I believe there is a report of the 4 Finance Committee at the desk. I ask that it be 5 read. 6 ACTING PRESIDENT KUHL: We'll 7 return to the order of reports of standing 8 committees. I'll ask the Secretary to read the 9 report of the Senate Finance Committee. 10 THE SECRETARY: Senator Stafford, 11 from the Committee on Finance, offers up the 12 following bills: 13 Senate Print 702-B, Budget Bill, 14 an act making appropriation for the support of 15 government; 16 Senate Print 703-B, an act making 17 appropriation for the support of government 18 Transportation/Economic Development; 19 Senate Print 5761, by the 20 Committee on Rules, an act in relation to 21 appropriations; 22 Senate 5762, by the Committee on 23 Rules, an act to amend the State Finance Law; 24 Senate Print 5763, by the 25 Committee on Rules, an act in relation to 7202 1 appropriations made by the chapters of the laws 2 of 1997; and 3 Senate Print 5764, by the 4 Committee on Rules, an act to amend the State 5 Finance Law, in relation to the Environmental 6 Protection Fund Restoration Act. 7 All bills ordered directly for 8 third reading. 9 ACTING PRESIDENT KUHL: Motion is 10 to accept the report of the Finance Committee. 11 All those in favor signify by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response.) 15 The Finance Committee is -- the 16 report is adopted. The bills are ordered 17 directly to third reading. 18 Chair recognizes Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 would you call up Calendar 1556. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the title of Calendar 1556, Senate 23 Print 702-B. 24 THE SECRETARY: Calendar Number 25 1556, Budget Bill, Senate Print 702-B, an act 7203 1 making appropriations for the support of 2 government. 3 ACTING PRESIDENT KUHL: Senator 4 Skelos. 5 SENATOR SKELOS: Mr. President, 6 is there a message of necessity at the desk? 7 ACTING PRESIDENT KUHL: There 8 is. 9 SENATOR SKELOS: Move to accept. 10 ACTING PRESIDENT KUHL: The 11 motion is to accept the message of necessity 12 which is at the desk. All those in favor of 13 accepting the message of necessity signify by 14 saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The message is accepted. The 19 bill is before the house. Secretary will read 20 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. ) 7204 1 ACTING PRESIDENT KUHL: Record 2 the negatives and announce the results. 3 THE SECRETARY: Ayes 53, nays 4 one, Senator Dollinger recorded in the 5 negative. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Senator Skelos. 9 SENATOR SKELOS: Would you call 10 up Calendar Number 1557, please. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the title of Calendar Number 1557, 13 Senate Print 703-B. 14 THE SECRETARY: Calendar Number 15 1557, Senate Print 703-B, Budget Bill, an act 16 making appropriations for the support of 17 government. 18 SENATOR SKELOS: Mr. President, 19 is there a message of necessity at the desk? 20 ACTING PRESIDENT KUHL: There is. 21 SENATOR SKELOS: Move to accept. 22 ACTING PRESIDENT KUHL: Motion is 23 to accept the message of necessity on Calendar 24 Number 1557. All those in favor signify by 25 saying aye. 7205 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response.) 4 The message is accepted. The 5 bill is before the house. Secretary will read 6 the last section. 7 SENATOR LEICHTER: Explanation. 8 ACTING PRESIDENT KUHL: Senator 9 Stafford -- Senator Stafford, an explanation of 10 Calendar Number 1557, Senate Print 703-B, has 11 been requested by Senator Leichter. 12 SENATOR STAFFORD: Mr. President, 13 ladies and gentlemen, we're now to embark on the 14 budget bills. Please fasten your seat belts and 15 come fly with me. 16 Mr. President, on a serious note, 17 Senate 703-B is the part of the budget that 18 contains appropriation for Transportation, 19 Economic Development and Environmental 20 Conservation. It also includes Agriculture and 21 Markets. I'll go into detail in a minute, 22 Science and Technology Foundation; Energy 23 Research and Development Authority; I said 24 Environmental Conservation, Environmental 25 Facilities Corporation; the Division of Housing 7206 1 and Community Renewal; the Housing Finance 2 Agency; state of New York Mortgage Agency; Long 3 Island Power Authority; the Olympic Regional 4 Development Authority; Parks, Recreation and 5 Historic Preservation; Public Service 6 Commission; the Racing and Wagering Board; 7 Thruway Authority; Niagara Frontier 8 Transportation Authority; Statewide Energy 9 Improvement and the Northeastern Queens Nature 10 and Historic Preservation Commission. 11 In the Agriculture and Markets 12 Department, I could go into more detail, but 13 just to go very, very quickly, highlights -- be 14 glad to obviously answer any questions -- the 15 Wine and Grape foundation, 100,000; Quality Milk 16 Production, $329,200; Agriculture in the 17 Classrooms, 30,000 -- that I think is very good. 18 I think that's a real step in the right 19 direction. Some of us would maybe chuckle at 20 this, but I mention it because I know I laughed 21 the first year I was here. It's called the 22 Golden Nematode Program, but that's a very, very 23 serious problem we have in potatoes in this 24 country, and each year there is a specific 25 promotion to keep that program going to make 7207 1 sure that we don't have another outbreak. 2 In 1946, we had an outbreak of 3 the blight in potatoes up in our area, in the 4 North Country, and believe it or not 82 percent 5 of the crop was wiped out that quick, so that's 6 what the appropriation is for. 7 But again to continue here the 8 Marine Resources Product Council, avian disease 9 program is good, that's analogous to what I 10 mentioned and there are other programs here 11 which I could go on, which I won't. 12 Economic development, we're 13 adding 1.2 million to the economic development 14 zone program which I think has been relatively 15 successful, adding an additional 750,000 for 16 tourism matching grants program. Everyone 17 always says we're the one, or I'm the one that 18 started that program. Interestingly enough, I 19 give the credit to the Essex County regional - 20 or not regional, the Essex County tourism 21 director who came up with that proposal about 20 22 years ago. The program has been relatively 23 successful. 24 Let's move on to the 25 Environmental -- there are others here that I 7208 1 mentioned, but let's move on here to the 2 Environmental Conservation portion of the budget 3 and we could mention many, many areas in this 4 Department but let's mention the coast -- the 5 Coast, Clean Oceans and Shore Trust which is 6 important to people in this county or this house 7 and to the state. There are many others here 8 that I won't mention specifics. 9 Obviously, the operation of the 10 Department, I think that we've all seen a real 11 fine direction in that Department. It isn't 12 always exactly what we want to hear. I assure 13 you I'm no exception to that, but on the other 14 hand, they have a mission, a very serious 15 responsibility, and I suggest that it's being 16 fulfilled. 17 The solid waste program, and 18 Parks and Recreation and Historic Preservation 19 account -- is that a separate department or is 20 that part of the Environmental Conservation? 21 Part -- that is the Division of Parks and 22 Recreation. It is? All right, fine. 23 And to continue, Mr. President, 24 as I say, I'll be glad to answer any questions, 25 the Division of Housing and Community Renewal I 7209 1 mentioned, and there are some other authorities 2 that I mentioned. 3 Mr. President, before I conclude 4 because this is the opening discussion for this 5 budget, I'm one who, as you know, after being 6 here a number of years, I would be the first to 7 suggest that there are areas where we can 8 improve. There are 211 of us here in the 9 Legislature, and we all wish that each one of us 10 could do just what he or she wanted to do. 11 I have found that that is not 12 impos... that is not possible, as we all know, 13 and we have to have the system we have. I say 14 we have to; we have a good system, I would 15 suggest. We have the leaders, they have their 16 constituency, that's us. We have them put to 17 them and then they meet with the Governor. It 18 would be nice that if we could have a true 19 democracy like Sparta in Athens but that didn't 20 work, and I suggest that it wouldn't work with 21 211 of us sitting down. It just would not be 22 feasible. It would not be sensible. 23 Mr. President, this budget I 24 think is a good budget. I assure you, as 25 Senator Bruno stated very clearly here today, he 7210 1 said he started off, one of the things he said 2 today, I want to make it very clear that 3 everything everybody wants in this budget is not 4 in here, and I think that's an understatement, 5 but I think it tells that we all aren't going to 6 get everything we want and exactly what we think 7 should be there. 8 Overall I think it's sound. I 9 would suggest that the budget is balanced. I'll 10 have a little bit more to say about that in the 11 coming days. I remember Earl Brydges stood up 12 about 30 years ago and he asked that some of 13 these authorities -- by "authorities" I don't 14 mean public authorities, that some of these 15 people that stand up and start telling us what 16 our budget is, what it isn't, whether it's 17 balanced, whether it isn't, what should be this, 18 what should be that, and being experts, I 19 suggest maybe we better look and see exactly how 20 did they become experts and why do we have to 21 listen to them more than those who are working 22 in this day in and day out. 23 I would suggest too, that we 24 should emphasize each year (Telephone rings) - 25 must have said something wrong -- yes? I guess 7211 1 not, but I would suggest, Mr. President, that 2 overall with the complex state that we have, 3 with areas that have interests which are 180 4 degrees sometimes apart, and then it's very 5 interesting, when you sit down and get people 6 talking and really analyzing, very often we 7 aren't as far apart as we think we are. 8 I think overall, it's something 9 that we can be proud of. I think that you will 10 find that it's sound. I'm very willing to stand 11 here and discuss with pride the work that's been 12 done by the Senate, by the Assembly, and by the 13 Governor and his people. 14 ACTING PRESIDENT KUHL: Senator 15 Leichter. 16 SENATOR LEICHTER: Mr. President, 17 if Senator Stafford would yield. Senator, I'm 18 just - 19 ACTING PRESIDENT KUHL: Senator 20 yields. 21 SENATOR LEICHTER: I'm just 22 overcoming the disappointment of hearing you say 23 that not everything I wanted is in this bill, 24 but I guess I'll have to deal with it. As you 25 point out all of us will have to deal with it. 7212 1 SENATOR STAFFORD: Well, even 2 though it's hard, you'll find that it obviously 3 doesn't satisfy everyone completely but yet it's 4 the best, in some people's eyes. This I'm sure 5 will be the best in some people's eyes and will 6 be, you know exactly what I'm saying. 7 SENATOR LEICHTER: Well, Senator, 8 I think what's true of all of us, whatever 9 school we came from is we always strive to 10 achieve the best. I know certainly that's true 11 of you, and I'd like to just ask a couple 12 questions to see whether we've necessarily 13 achieved the best. 14 One of the difficulties we have 15 these days, Senator, is the process has evolved 16 and you and I have been here long enough to 17 remember when you get a Green Book and while you 18 might not have had a great deal of time to look 19 at the budget bills once they were printed, you 20 at least had some time and you also had the 21 Green Book to look at, and in my experience 22 there were many more conferences to keep members 23 informed. 24 Yesterday, there was an AP story 25 where, not in our house, in the Assembly, a memo 7213 1 went out to all the staff saying don't discuss 2 the budget negotiations with any of the 3 members. I think unfortunately we find our 4 selves more and more where the budget process 5 has become such a closed activity that by the 6 time we get here to vote on it, we usually vote 7 on it more out of frustration and -- and 8 exhaustion than any real enthusiasm for the 9 budget, not to speak of any knowledge. 10 So I just want to ask you a 11 couple questions so to see that I have some 12 rudimentary idea of what's in this budget. 13 SENATOR STAFFORD: Would the 14 Senator yield? 15 ACTING PRESIDENT KUHL: Senator 16 Leichter, do you yield to a question from 17 Senator Stafford? 18 SENATOR LEICHTER: Yes, I will. 19 ACTING PRESIDENT KUHL: Senator 20 yields. 21 SENATOR STAFFORD: I think, 22 wouldn't you agree -- I don't know about any 23 memos that went out in the Assembly, but I do 24 want to defend the present leadership here in 25 the house. I -- in this house. I've been here 7214 1 now, I remember when you were in the Assembly 2 and -- I remember when you were with Moe 3 Weinstein. 4 On a serious note, I just would 5 like to, I'm just saying I think that the people 6 want to be involved. I just want to suggest 7 that -- I won't interrupt again -- I would 8 suggest that this leader and the leadership in 9 this house has been open. That's my opinion, 10 but go ahead. 11 SENATOR LEICHTER: Well, Senator, 12 as you rightly pointed out that memo occurred to 13 the practice that occurred in the Assembly, or 14 at least that's what the story says. I have no 15 personal knowledge. 16 SENATOR STAFFORD: Didn't fly too 17 well either. 18 SENATOR LEICHTER: Well, I don't 19 think it made people happy. I wouldn't think 20 so, but, Senator, my observation is, and you're 21 right, I've been here a long time -- some people 22 say too long -- but certainly the process has 23 become far more closed. 24 Now, I'm pleased that you can get 25 up here and say that anybody that wants to be 7215 1 involved can be involved, and I'm delighted to 2 know that you were involved because I happen to 3 have, and I say this sincerely, a lot of respect 4 for the things that you do, and I think it helps 5 to have people like Senator Stafford involved, 6 Senator Marchi involved, Senator Gold involved, 7 and so on. 8 By and large, I don't think 9 that's been the practice, but in any event let 10 me ask you just to get an idea as to the budget, 11 as to the appropriation for the Department of 12 Environmental Conservation, and I know that's of 13 concern of all of us but particularly a concern 14 of you because you represent that great area of 15 the state known as the Adirondacks where the DEC 16 plays such an important role. 17 What changes were made in the 18 overall appropriations for the Department of 19 Environmental Conservation in the fiscal year 20 '97-98 by this bill as compared to 1996-1997? 21 SENATOR STAFFORD: I'll get you 22 that answer. I think in fall fairness that I 23 should have that in front of me. I've been here 24 long enough to tell you when I haven't got it in 25 front of me, I don't but I'll get it. 7216 1 SENATOR LEICHTER: O.K. Senator, 2 I appreciate this, because I think what 3 unfortunately has happened and either somebody 4 who holds your position, one of the most 5 important positions in this house and in this 6 Capitol, that information is just not 7 available. You used to have the Green Book and 8 that made it very easy at least to get 9 comparisons which were meaningful and gave 10 members a better idea. 11 SENATOR STAFFORD: There -- I 12 said, and I understand that I was relatively 13 accurate, but I didn't have it right in front of 14 me, but I understand that the appropriation 15 increases about five percent. Also I would 16 point out that the initial budget that was 17 proposed by the Governor is supported here and 18 we've had that since he submitted his budget and 19 also we have had a number of adds that have 20 increased what was initially -- initially 21 proposed. There is additional funding. 22 SENATOR LEICHTER: Thank you. 23 Thank you, Senator Stafford. If you would be 24 good enough to continue to yield. Do you know 25 whether there's been an increase, as we were 7217 1 told there would be, in the number of 2 enforcement officials of the Department of 3 Environmental Conservation? 4 SENATOR STAFFORD: The Department 5 has been very cooperative and, of course, I've 6 been one who, there are different areas here of 7 enforcement, some is in the area that you were 8 just mentioning up in my area, when it comes to 9 fish and wildlife and the environment. Of 10 course, these officials in other areas of the 11 state have the additional -- have the overall 12 responsibility you're asking about and the 13 answer I'm assured that there is -- there is 14 going to be -- I know it's something the 15 Commissioner is looking at. The answer is yes. 16 SENATOR LEICHTER: That we have 17 an increase in the number of - 18 SENATOR STAFFORD: That was 19 something that both the Senate and the Assembly 20 and the Governor's people all agreed and were 21 very anxious that that be the case. 22 SENATOR LEICHTER: O.K. Senator, 23 could you -- if you would continue to yield. 24 SENATOR STAFFORD: By all means. 25 SENATOR LEICHTER: Along the same 7218 1 lines, the Department of Environmental 2 Conservation, one of the questions and issues 3 that we've had in this state is the 4 effectiveness of the enforcement actions that 5 the Department needs to take and besides having 6 enforcement officers, they need hearing 7 officers, they need people to process 8 complaints, they need investigators. 9 As you know, we face a serious 10 problem in this state, as do other states in 11 cleaning up the environment. I think we've made 12 some progress. We want to make more progress. 13 One of the issues that's been a concern to me 14 and other people has been to beef up that whole 15 enforcement mechanism of the Department. Do you 16 know whether that's provided in this budget? 17 SENATOR STAFFORD: Yes, yes, it 18 is, and the interesting -- we also have to keep 19 our sense of humor, to point out that one man's 20 ceiling is another man's floor. There's, I'm 21 sure, support in here for some enforcement that 22 you would be in favor of, and possibly I would 23 say, well, maybe we've had enough. We can't all 24 agree completely on this. I know exactly what 25 you're saying, and in all candor I can't speak 7219 1 for the Commissioner but I think the 2 Commissioner thinks along the lines that you're 3 asking me. 4 SENATOR LEICHTER: Thank you, 5 Senator, and I also want to say if you can keep 6 your sense of humor being up here on an August 7 week end doing the budget, you're a greater man 8 than I am by far. 9 SENATOR STAFFORD: You have to be 10 a people person. 11 SENATOR LEICHTER: Thank you. 12 But, Senator Stafford, if I could just ask you 13 some more questions on this budget. 14 The Department of Transportation. 15 SENATOR STAFFORD: Right. 16 SENATOR LEICHTER: Can you give 17 us a comparison of the appropriation as compared 18 to the last fiscal year. 19 SENATOR STAFFORD: We've restored 20 funding for a number of areas that many of us 21 were very interested in, and I think that this 22 requires -- deserves a bit of a more detailed 23 answer. It's always very sensitive when there 24 are problems; it's always not easy when some of 25 us feel rather strongly about certain areas of 7220 1 the state's responsibility and, of course, right 2 here I'm talking about transportation, and I 3 know many members here have been very concerned, 4 in fact one of my close friends here in the 5 Senate walked up to me and said to me, when the 6 Commissioner was being confirmed, "I want to 7 talk to him." Well, I said, "You can; no better 8 time than now," and I took him in the office and 9 they talked together. 10 My point is, I think they were 11 going to find that administration in the 12 Department, as we mentioned when the gentleman 13 was confirmed, responsive, realizing we need 14 some changes, realizing we need some planning, 15 realizing we need some answers when we ask 16 questions and realizing that it is a very 17 complex department with very, very awesome 18 responsibilities; but we felt there should be 19 some changes and some improvements, and I think 20 we will see it. 21 There is additional funding for 22 transit operations in all areas of the state - 23 "transit", of course, meaning public 24 transportation. I think that we will find that 25 this is responsive, and I think we'll have a 7221 1 leadership in the Department that will also be 2 responsive. 3 SENATOR LEICHTER: Mr. President, 4 Senator, if you continue to yield. 5 I appreciate everything that 6 you've said, and -- and I want to associate 7 myself with what -- with a lot that you've said, 8 but it still doesn't give us the figures and, of 9 course, irrespective of what the intentions are, 10 your intentions, my intention, the Governor's 11 intention, the whole idea of a budget is to be 12 able to look at figures, understand figures and 13 say, Well, you said you were going to improve 14 administration. Now, I see that you've got a 15 reduction in staff. How are you going to be 16 able to accomplish that? 17 I'm not saying there's a 18 reduction in staff here, but I'm saying that we 19 need to be told more than the general aims and 20 goals. We ought to have a chance now that we 21 have the budget before us, to have some idea as 22 to, well, is the money there, have they put the 23 money - 24 SENATOR STAFFORD: I would share 25 also, it's a very fair -- it's a very fair 7222 1 question. Your point is very, very well taken. 2 There is 36 million additional for maintenance 3 and operation, and that's something that you're 4 very interested as I am, and there's 6 million 5 additional for transit operations. I think 6 that's important. Those are exact figures. 7 Now, I could go over detailed figures with you 8 if you want me to. 9 SENATOR LEICHTER: Well, that's 10 helpful because here we have something concrete, 11 something somebody can look at and say, well, 12 they said they were going to improve 13 administration, and, look, they put in $36 14 million more. Some may say it's not enough; 15 some may say, well, you didn't even need that 16 much, but the point is we see a relationship, a 17 correlation between money and what were 18 promises, and I thank you for that answer. 19 Let me ask you, Senator Stafford, 20 because we referred previously to the Green Book 21 because and you remember, and I'm sure you 22 agreed with me it was very valuable. In fact, 23 it was put out by the financial committees of 24 the two houses. Is there any intention to put 25 out a Green Book this year, even though it will 7223 1 be after the fact? 2 SENATOR STAFFORD: Yes. 3 SENATOR LEICHTER: Thank you. 4 And do you know when this will be done? 5 SENATOR STAFFORD: Well, 6 actually, this -- I think this is a very good 7 point, and I supported it. We decided to put 8 out this document when the last appropriation 9 bill is passed. Then we'll have exactly what we 10 did. And we can sort of use that as our Bible. 11 Now, here's what I found when we 12 did it earlier before the bill is passed. We 13 had a book, but it was not into law yet. You 14 never know for sure until the last section is 15 read and due to the fact that we wanted to have 16 an accurate Green Book, an accurate -- shouldn't 17 use the term "Bible", but you know, you know 18 what I'm saying, so we would have accurate 19 information, we decided that we would put this 20 out, and this was a joint decision when the 21 final budget is passed. 22 SENATOR LEICHTER: Well, Senator 23 Stafford, I think there's nothing wrong with 24 referring to it as a Bible, because Bible, I 25 think, in common language means a book to guide 7224 1 you. 2 SENATOR STAFFORD: Right. 3 SENATOR LEICHTER: This is -- you 4 know, it's helpful to have the Bible before you 5 do certain acts to avoid maybe doing something 6 you shouldn't. I would say it's very helpful to 7 have this Bible in advance so that people can 8 look and understand comparisons between fiscal 9 years, see changes that are made. As you know, 10 it's very rare that a budget that the leaders 11 have come out with is then not acted on, but 12 there's certainly nothing wrong in saying this 13 is the Green Book as if you want to compare 14 these bills, and if there are changes, then you 15 come out with another Green Book but I would 16 strongly urge you to go -- to revert to the 17 practice which I think of was helpful to the 18 members who serve here both in the Senate and 19 Assembly to have a Green Book to let us know 20 what the changes are so that we could try to 21 deal with the budget in a more knowledgeable 22 manner than we're doing at the present time. 23 SENATOR STAFFORD: I understand. 24 SENATOR LEICHTER: Senator, let 25 me ask you. I see there's a lot of items in here 7225 1 that fall under the category of what's become 2 known as member items. Do you know what the 3 total sum of that is, just in this bill? 4 SENATOR STAFFORD: Approximately 5 in this bill would be -- once again, I've -- you 6 know, I'm going to share something with you. 7 Member items, anything we pass in the 8 Legislature is a member item. We're all here - 9 now, wait, I want to be serious for a minute. 10 The -- we -- I've served here under one, two, 11 three, four, five, Governors and we have -- we 12 use that term now, I think, rather loosely, 13 rather loosely. There are initiatives, no 14 question about it, but really, I think we 15 sometimes are willing to say this is a member 16 item, that's a member item. 17 Very often, things are 18 appropriated in a district that the legislator 19 may not have that much even to do with, but it's 20 in his or her district, so then automatically 21 it's a member item. 22 Now, all I'm saying is there are 23 items that affect every district in this state, 24 and I myself, I -- as far as member items that 25 -- I know I've been given a figure now that I 7226 1 will give you because I respect you and I know 2 what you're asking, but we could argue that some 3 of these aren't member items. It depends on how 4 we define them. We could argue that we are, 5 like I'm sure that I could say to someone on 6 your side, This is in your district and it's a 7 member item and they'll laugh at it because they 8 didn't have probably any more input on it than I 9 did on some things that are done in my district 10 that are done professionally that I support. 11 You hear what I'm saying, but the answer is $15 12 million. 13 SENATOR LEICHTER: $15 million 14 total, Senate and Assembly? 15 SENATOR STAFFORD: Yes. 16 SENATOR LEICHTER: Thank you. In 17 this particular bill. 18 SENATOR STAFFORD: Right. 19 SENATOR LEICHTER: Thank you. 20 Among the items that are member items, and 21 Senator, I understand there are on a 22 philosophical basis, I would have to agree with 23 you as to the difficulty of drawing distinctions 24 and -- but as far as the process goes whereby 25 the two houses divide up a certain sum of money 7227 1 and how the individual members make designation, 2 I think the process tells us what are member 3 items. 4 Now, within that particular 5 process that I've referred to, I see there's a 6 appropriation here of $100,000 for Carnegie Hall 7 which I'm delighted to see. My question is, 8 there was a discussion, or I shouldn't say 9 discussion, at least I read in the paper that 10 there was a discussion among the leaders of a 11 program to help cultural resources, institutions 12 throughout the state. 13 Does that reflect -- does this 14 appropriation for Carnegie Hall reflect a part 15 of a program of assistance to cultural 16 institutions, or is this just a member item, as 17 I believe it is? 18 SENATOR STAFFORD: I -- there is 19 such a program that you're referring to. Within 20 the last few years, I was at Carnegie Hall and 21 heard the Boston Symphony, Mr. Ozawa 22 conducting. Also before that about a year, not 23 that long ago I was there, Maestro Rostepovich 24 gave a concert, and both performances just 25 about as impressive, and I'm from an area of the 7228 1 state that we don't have that. I mean you're 2 from - 3 SENATOR LEICHTER: I'm from 4 Wadhams where we have the Metamount Music 5 School. We have some very fine music in the 6 North Country, as you know, and you support it. 7 SENATOR STAFFORD: Well, you 8 know, as I said, you know, we're visiting here 9 and we're keeping our sense of humor. This 10 100,000 is for operating expenses to keep this 11 institution viable, and I'm just mentioning two 12 performances that I attended. I mean it's a 13 jewel. It's something that ranks with 14 Salzburg. I could go all over the world, it's 15 just unbelievable the talent and the opportunity 16 our people have, and I certainly am more than 17 willing to support the funding for this, and 18 people from all parts of the state and nation 19 and world, Senator, are beneficiaries in my 20 opinion. 21 SENATOR LEICHTER: Senator, I 22 couldn't agree more but, but am I correct that 23 that $100,000 appropriation I see here is what 24 would be characterized as a member item and is 25 not part of any overall program of aid to 7229 1 cultural institutions? 2 SENATOR STAFFORD: Senator, once 3 again, I'm -- I'm going to state this 4 emphatically that you are second to none in 5 intelligence, and I'm not going to insult your 6 intelligence mainly because I don't have the 7 ability to, but I want to share with you that I 8 could argue that, yes, this is part of an 9 overall program and, for instance, and times the 10 Depot Theatre in Westport which all you have to 11 do is go down diagonally toward the Northway 12 from Wadhams. Excuse me, I'm going back to the 13 Northway. No, go the other way to Westport, and 14 that has had support, I think every one 15 benefits, people from all over the nation. 16 SENATOR LEICHTER: The New York 17 State Council for the Arts. 18 SENATOR STAFFORD: So I think - 19 well, and I think this is the same type of 20 support. I don't mean to say that Depot Theatre 21 is Carnegie Hall. On the other hand, it doesn't 22 get the same support that Carnegie Hall gets 23 either, but I am not willing to say this isn't 24 an overall program. It's important activities 25 and programs that are very important to our 7230 1 area. The state, that is not our area, the 2 state - 3 SENATOR LEICHTER: Thank you, 4 Senator. 5 SENATOR STAFFORD: You know what 6 I'm saying. 7 SENATOR LEICHTER: Yes, and 8 Senator -- and let me just say again I'm 9 delighted to join with you and hear you say how 10 important it is that we support the arts because 11 not only do they provide great enjoyment to 12 people of the state of New York, they provide 13 such a good economic spur. The Depot Theatre 14 which I'm in support of, they've done a great 15 deal for Westport, brings in people, helps the 16 local restaurant. It's a wonderful cultural 17 addition to the community. 18 Let me ask you something, 19 Senator, if I can turn to something else. On 20 page, I think it's starting at 436, I see 21 appropriations to the New York State Urban 22 Development Corporation which sort of surprised 23 me because I don't believe it exists any more. 24 I thought it had changed its name to the Empire 25 State Development Corporation. 7231 1 SENATOR STAFFORD: I -- I feel 2 that I am in very good company now because again 3 I complimented you on your ability. I asked the 4 same question, and it was changed 5 administratively but not by statute. 6 SENATOR LEICHTER: I see. So 7 we're correct in saying state Urban Development 8 Corporation. There's one appropriation in there 9 or there's a few, frankly, that raise some 10 question in my mind, but one on page 437, line 5 11 through 10, there's an appropriation of 12 $19,700,000, for services and expenses of 13 economic development initiatives to be 14 determined pursuant to a memorandum of under 15 standing to be executed by the Governor, the 16 Temporary President of the Senate and the 17 Speaker of the Assembly. 18 Is that -- does it actually mean 19 to say what it says that we're appropriating 20 $19.7 million according to a memorandum that is 21 not yet in existence? 22 SENATOR STAFFORD: Well, I say 23 once again I hear the -- I think it's a good 24 question. I think your point is well taken, but 25 I think again, I think we have to emphasize that 7232 1 we have 211 legislators. We have at least, and 2 you couldn't sit down and have 211 make the 3 decision. I think it's good and we're fortunate 4 to have the legislative input whether just 5 appropriating it and not having it. I think it's 6 good to do this. 7 Now, I wish it could be that we 8 all maybe -- I don't wish, but I could -- I know 9 it could be argued that we all should be able to 10 sign off on it. Then what we would be doing is 11 probably not get much more done than was done in 12 Sparta and Athens, and they didn't work. 13 I'm -- I know what you're 14 asking, but I don't think it -- to have the 15 assent of the Speaker, the Majority Leader, who 16 the Speaker has his constituency, the Majority 17 Leader has his constituency -- amen, brother - 18 and you know, I have -- I know what you're 19 asking, but I think yes, and, by the way the 20 Assembly Speaker and the Majority Leader -- Who 21 else is in that? -- the Governor, of course, the 22 Governor has the whole state, but my point is 23 the Legislature has input here, and I think this 24 is good, and I want to say right here on the 25 floor that whether it's Speaker Silver, Speaker 7233 1 Weprin, Speaker Miller, Speaker Fink, Speaker 2 Steingut or Speaker Travia - 3 SENATOR GOLD: Duryea, don't 4 leave out the one Republican. 5 SENATOR STAFFORD: Speaker 6 Duryea. 7 SENATOR FARLEY: Speaker Heck. 8 SENATOR STAFFORD: Speaker Heck. 9 SENATOR GOLD: Speaker Carlino. 10 SENATOR STAFFORD: Speaker 11 Carlino, or whether it was Walter Mahoney, Earl 12 Brydges, Joe Zaretzki, Earl Brydges, Warren 13 Anderson or Ralph Marino or Joe Bruno, they have 14 their constituency and, consequently, I don't 15 think we should say that we're doing something 16 here that there isn't a -- a -- what is it, when 17 you cut your hand -- a can of beans, a can of 18 beans. 19 SENATOR LEICHTER: I think we 20 have a disagreement. You referred very 21 learnedly to democracy in Athens and Sparta and 22 you know, made a comparison. 23 Senator, I think that 211 members 24 can and should assume the responsibility of 25 passing a judgment. That doesn't mean that some 7234 1 aren't going to have more say than others, but I 2 have a lot of trouble saying, well, here's a pot 3 of about $20 million and give it to the Governor 4 and the -- and Joe Bruno and Shelly Speaker, 5 three very esteemed gentlemen, and let them 6 whack it up however they want to. There's no 7 guidelines, there's at least -- and let me ask 8 you if you're good enough to continue to yield 9 and you've been very gracious, are they -- do we 10 know what projects are envisaged; is there any 11 idea as to the nature of the programs for which 12 this $20 million is going to go for? Or is this 13 -- is this to use the colloquial, just "pork" 14 that they can divide up whenever they get to it? 15 SENATOR STAFFORD: I want to now 16 -- and, again, and I continue to have respect 17 for you and continue our friendship and it will 18 continue, but I want to state a very, very, very 19 harsh -- can't think of the word I want, take 20 exception -- not exception -- exception, that's 21 the word, take exception to that word, that 22 industry is important in some areas but to use 23 it as a term here, I'd rather it not be used in 24 my opinion. 25 We have here in the budget, the 7235 1 subject that this will be used for, the jobs, 2 opportunities, I think that we have found these 3 programs to be successful. Where I think -- let 4 me give you have an example of why I think 5 things are improving. For instance, up in the 6 northern area where people -- where you have 7 your residence, and we're proud and pleased to 8 have you there, we have people that work in a 9 certain facility. 10 Well, about six years ago this 11 company came in and they looked around and 12 Governor Snelling heard that they were 13 interested so he picked up the phone, called 14 them in Montreal, and they went to Barre, 15 Vermont. You know what I'm talking about, what 16 I'm talking about when I say that, and they 17 worked with them and got them over there. 18 Well, we then realized that we 19 had to get on the ball, all of us, and with 20 programs such as this, such as those that are 21 appropriated here, appropriations are made, for 22 which appropriations are made, we have been 23 successful in having that company now in New 24 York and, of course, what I'm trying to say is 25 we all benefit. 7236 1 SENATOR LEICHTER: Senator 2 Stafford, with all due respect, I think you make 3 the point that I'm trying to make. For instance, 4 right above the item that I'm talking to, 5 there's an appropriation of $2.5 million for the 6 Plattsburgh Air Base and I'm sure that you had a 7 lot to do with that. That's a wonderful 8 program, much needed appropriation. 9 SENATOR STAFFORD: I'm going to 10 ask you to read the line above that too. 11 SENATOR LEICHTER: For service 12 expenses related to Griffiss Air Base and I'm 13 sure representatives from there, I'm sure Nancy 14 Larraine Hoffmann and others had a great deal to 15 do with that, but that's my point, Senator. We 16 have a specific appropriation. We know what 17 it's for. If somebody got up and said, Well, 18 what are we giving 25 million -- I'm sorry, $2.5 19 million to Stafford's district, I and others who 20 are familiar with it would get up and say, 21 Here's the situation. This is what's 22 happening. Bombardiere is coming in using the 23 air base. 24 This is exactly what we should be 25 doing, but when we have an appropriation of 7237 1 $19.7 million with no guidelines, no idea how 2 the money is to be spent other than the faith 3 that we may have in those three leaders, the 4 Governor, the Majority Leader and the Speaker, I 5 submit to you that we're abdicating our 6 responsibility. 7 We have an obligation to be 8 specific. We have a line item budget meaning we 9 should know what the appropriations are for so, 10 when I go back to my district or you go back to 11 your district and somebody wants to know what 12 the money was spent on, you can say, Well, this 13 was for an air base or this was to create jobs. 14 In that respect, Senator, we are carrying out 15 our responsibility. We can't carry out our 16 responsibility when we have blank check 17 appropriations. 18 SENATOR STAFFORD: I respect your 19 opinions, and I think that you're an example of 20 one of the very good minds here in the 21 Legislature, and I assure you you're a worthy 22 adversary and a worthy Senator, but as you said 23 to me a few minutes ago, I respectfully disagree 24 with you. 25 SENATOR LEICHTER: Thank you. 7238 1 Well, Senator, I don't know what you disagree 2 about. 3 ACTING PRESIDENT KUHL: Senator 4 Stafford, do you continue to yield? 5 SENATOR LEICHTER: Thank you. You 6 say you disagree, but you haven't told us the 7 nature of the disagreement. 8 SENATOR STAFFORD: I will go into 9 that. You hammer this out on the anvil of 10 discussion. My point is that again I want to 11 emphasize that Speaker Silver, Senator Bruno and 12 the Governor have their constituencies and they 13 have an accountability, and I am not one who 14 will criticize us having a $38 billion budget, 15 certain parts of it, this being 19.7, being an 16 appropriation whereby they will make some 17 decisions on behalf of their constituencies. 18 As I say, they represent us. We 19 have our input, and it was my opinion that all 20 three are very sensible, astute, and I don't 21 worry about accountability and if we have any 22 differences, I'm sure they'll be discussed and 23 if we want to see any changes, I'm sure we can 24 have input, but I don't want to leave here, 25 anyone leave here with the idea that we're doing 7239 1 anything that you're suggesting because I don't 2 feel we are, and again, I would emphasize that I 3 think it's good that we're having legislative 4 input into these appropriations via -- by way of 5 this vehicle. 6 SENATOR LEICHTER: Thank you. Mr. 7 President. If Senator Stafford continues to 8 yield. 9 Senator, if we could finally just 10 address the Office of Parks, Recreation and 11 Historic Preservation, do you know how the 12 appropriations for that agency compare to the 13 appropriations for the fiscal year 1996-1997? 14 SENATOR STAFFORD: I will say 15 again that I will get it to you specifically but 16 I think this is a little under five percent. 17 SENATOR LEICHTER: Increase? 18 SENATOR STAFFORD: Increase. 19 SENATOR LEICHTER: Thank you. 20 Senator, just in that connection and I hate to 21 ask you specific things of this nature because I 22 appreciate you probably don't have all the 23 information at hand, although obviously you have 24 a lot more than I do and staff that's been 25 working on this, but one of my concerns is cut 7240 1 backs in services at River Bank Park which is in 2 my district, along the Hudson River, but is a 3 state facility. It's a great park, but we've 4 seen a decline in staffing there because of cut 5 backs in the -- in the agencies, and my -- my 6 question to you is, and if you don't have it, if 7 you can get me that information, if there's 8 anything specifically in the budget or in any 9 memoranda supporting these appropriations in 10 regard to that specific facility. 11 SENATOR STAFFORD: Very good 12 question. We will follow through. 13 SENATOR LEICHTER: Senator, with 14 that I thank you. You've been, as always, most 15 gracious and most eloquent. I don't know whether 16 in history this will go down like the Lincoln 17 Douglas debate, but I think in our own way - 18 but I think in our own way, Senator, I think we 19 shed a little light on a document that I can say 20 in all fairness that nobody here probably had 21 much of an idea or knowledge of, and that really 22 leads me to my point and just very briefly on 23 the bill, Mr. President. 24 ACTING PRESIDENT KUHL: Senator 25 Leichter, on the bill. 7241 1 SENATOR LEICHTER: We've seen a 2 horrendous budget process this year, one that 3 has dragged on interminably and then has 4 produced a budget that we at this moment have 5 only the vaguest idea what is in it. I think 6 it's unfortunate that we've reached the point 7 where there's less and less knowledge by the 8 members, less and less input, and action being 9 taken by us as legislators on budgets that we 10 really have no idea what we're appropriating. 11 This system of the three leaders 12 making their decision and then putting out bills 13 with really no time to read them, to study them, 14 to analyze them, with no Green Book so that the 15 members can make at least quick comparisons from 16 year to year, I think has made the budget 17 process a farce. 18 Senator, you talked about Athens 19 and Sparta. We are Sparta in this state. The 20 democracy insofar as the Legislature is 21 concerned is not even a dim light. I think one 22 can say it's been extinguished. We have a 23 process that is totally closed, a process that 24 ill serves the people of the state, and the one 25 justification that maybe somebody could say is 7242 1 Well, look, they got the budget out on time. 2 Well, when have they last been able to say that? 3 Certainly as the process has become more closed, 4 as members have been more shut off from the 5 process, the delays have grown and grown and 6 grown and grown, whereas I pointed out and I 7 think we all would have to agree, we're the 8 laughing stock of the nation, as the state that 9 can't get a budget done on time. 10 So where are we served by this 11 process? I don't think we are served as a 12 Legislature. I certainly don't think the people 13 of the state of New York are served. I think we 14 come out with very flawed budgets and budgets 15 that are very poorly under... understood by the 16 Legislature and totally hidden from the sort of 17 public input, scrutiny and input that we 18 require. 19 This bill which provides monies 20 for government to carry on its functions, I'm 21 going to support, although I have a lot of 22 unhappiness about the appropriations to the 23 Urban Development Corporation, appropriations 24 for sports stadium for the Buffalo Bills and 25 maybe we'll have a bill that will deal with that 7243 1 more specifically and I can address it at that 2 time, but with all of that, we obviously have to 3 keep government functioning and I'm going to 4 vote for this bill, but I do so reluctantly and 5 as we deal with other budget bills maybe we can 6 continue to address the whole issue of the 7 process. 8 The process is important. If you 9 have a flawed process, you're going to have a 10 flawed end product, and I think we have a pretty 11 flawed end product. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Dollinger. 14 SENATOR DOLLINGER: Thank you, 15 Mr. President. 16 Will Senator Stafford yield just 17 for one question? 18 ACTING PRESIDENT MARCELLINO: 19 Senator, will you yield? He yields, sir. 20 SENATOR DOLLINGER: And I just 21 preface my -- my comment, Senator, it's nice to 22 hear someone talk about Sparta and Athens. 23 Senator, I'd almost ask you whether you were one 24 of the Senators who was there at that time. I 25 know you've been in this chamber for a long 7244 1 time, but be that as it may. 2 ACTING PRESIDENT MARCELLINO: The 3 Chair frowns upon personal statements. 4 SENATOR DOLLINGER: A sign of 5 respect for the Senator. 6 What's the amount of backdoor 7 borrowing that's included in this budget? 8 SENATOR STAFFORD: Well, once 9 again, I think we have to define our terms. I 10 -- well, would you explain to me -- will the 11 Senator yield? 12 SENATOR DOLLINGER: I'd be glad 13 to, Mr. President. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Dollinger yields, Senator Stafford. 16 SENATOR STAFFORD: I haven't asked 17 anybody to yield in 32 years. What's backdoor 18 borrowing? 19 SENATOR DOLLINGER: It's the 20 amount of debt that the state will incur, long 21 term debt that the state will incur that's not 22 approved by the voters. 23 SENATOR STAFFORD: Not approved 24 by what? 25 SENATOR DOLLINGER: By the voters. 7245 1 A VOICE: The whole budget. 2 SENATOR STAFFORD: 425 million. 3 SENATOR DOLLINGER: $425 million 4 in new borrowing that does not have voter 5 approval? 6 SENATOR STAFFORD: Yes. I would 7 say yes. 8 SENATOR DOLLINGER: Thank you, 9 Mr. President. I would like to be heard on the 10 budget for just one minute. 11 ACTING PRESIDENT MARCELLINO: 12 Senator Dollinger, on the bill. 13 SENATOR DOLLINGER: I'm not going 14 to do anything other than quote someone else who 15 said in this chamber on this budget and on this 16 portion of it, and that was the gentleman, 17 Senator Stafford, you recall he sat I believe 18 right where Senator Rath sits currently. He 19 didn't come to the chamber very often, but when 20 he came, he'd always come in the day we approved 21 the budget and he'd stand up in his chair and 22 he'd sort of mumble under his breath the 23 following: He would say, This budget has too 24 much backdoor borrowing. This budget has too 25 much spending. This budget is going to damage 7246 1 our credit rating and make government more 2 expensive and this budget is a continuation of 3 the practices that have gotten New York State 4 into trouble with everyone for the last decade, 5 including those experts. 6 SENATOR STAFFORD: Who is that? 7 SENATOR DOLLINGER: Well, I 8 believe he now maintains an office on the second 9 floor of this building. He sits, I believe, in 10 either Senator Rath's chair or in the chair next 11 to him. He sat there for two years. He and I 12 joined the Senate together. He and I worked on 13 these budgets together and he and I did one 14 other thing together. We voted against Governor 15 Cuomo's budgets and, frankly, if Governor Pataki 16 were in this chamber today as a Senator, he 17 would have said exactly what I just said. 18 There's too much backdoor borrowing. The 19 spending is too much. We're plunging ourselves 20 into a financial crisis. This is the second of 21 six or seven, eight or nine steps where we're 22 going to march down the road to a problem in the 23 future. 24 If Governor Pataki were in this 25 chamber instead of on the second floor running 7247 1 for reelection, he would stand up, once again 2 tell you exactly what I said and he would vote 3 against this budget. In 1993 he and I and 4 Senator Jones, who has also gone on to other 5 events, would have voted against this budget. 6 In 1994, I believe Senator 7 Hoffmann joined us. In all of those years in 8 1994 Senator Pataki voted against the budget 9 that looked just like this one. For some reason 10 in 1995 and 1996, Senator Pataki sent up budgets 11 that looked somewhat similar to this one. He's 12 now sent up one that, in my judgment, the George 13 Pataki that I knew in 1993 and 1994 would have 14 had one simple vote on this budget and the other 15 seven pieces. That vote is no. 16 On this one, I'm going to follow 17 Senator Pataki's goal, vote against this budget 18 delivered to us by Governor Pataki for the exact 19 same reasons that he knows deep in his heart 20 that this is a bad budget. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO: 7248 1 Call the roll. 2 (The Secretary called the roll. ) 3 ACTING PRESIDENT MARCELLINO: 4 Record the negatives, announce the results, 5 please. 6 THE SECRETARY: Ayes 53, nays 2, 7 Senators Dollinger and Hoffmann recorded in the 8 negative. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Present. 11 SENATOR PRESENT: Mr. President, 12 can we call up Calendar 1558. 13 ACTING PRESIDENT MARCELLINO: 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1558, by the Committee on Rules, Senate Print 17 5761, an act in relation to appropriations made 18 by the chapter of the laws of 1997, enacting the 19 general government budget. 20 ACTING PRESIDENT MARCELLINO: 21 There is a message of necessity at the desk. 22 SENATOR PRESENT: Mr. President, 23 I move we accept the message. 24 ACTING PRESIDENT MARCELLINO: So 25 moved. All those in favor of accepting the 7249 1 message of necessity signify by saying aye. 2 (Response of "Aye.") 3 Those opposed nay. 4 (There was no audible response.) 5 The message is accepted with one 6 exception -- two negative votes. Read the last 7 section. 8 THE SECRETARY: Section 20. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 54, nays 14 one, Senator Dollinger recorded in the 15 negative. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 Senator Present. 19 SENATOR PRESENT: Call up 20 Calendar Number 1559, please. 21 ACTING PRESIDENT MARCELLINO: 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 1559, by the Committee on Rules, Senate Print 25 5762, an act to amend the State Finance Law. 7250 1 SENATOR PRESENT: Mr. President, 2 is there a message of necessity at the desk? 3 ACTING PRESIDENT MARCELLINO: 4 There is, Senator. 5 SENATOR PRESENT: I move that we 6 accept the message. 7 ACTING PRESIDENT MARCELLINO: All 8 in favor of accepting the message of necessity 9 signify by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 SENATOR DOLLINGER: Nay. 13 ACTING PRESIDENT MARCELLINO: 14 With one negative vote, two negative votes, the 15 message of necessity is accepted. Secretary 16 will read the last section. 17 THE SECRETARY: Section 33. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 55. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 Senator Present. 7251 1 SENATOR PRESENT: Mr. President, 2 can we call up Calendar Number 1560. 3 ACTING PRESIDENT MARCELLINO: 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1560, by the Committee on Rules, Senate Print 7 5763, an act in relation to appropriations made 8 by the chapter of the laws of 1997 enacting 9 Transportation, Economic Development and 10 Environmental Conservation budget. 11 SENATOR PRESENT: Mr. President, 12 is there a message of necessity at the desk? 13 ACTING PRESIDENT MARCELLINO: 14 There is a message at the desk, sir. 15 SENATOR PRESENT: I move we 16 accept the message. 17 ACTING PRESIDENT MARCELLINO: All 18 in favor of accepting the message, signify by 19 saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response.) 23 The message is accepted with one 24 negative -- two negative votes. Secretary will 25 read the last section. 7252 1 THE SECRETARY: Section 50. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes -- ayes 53, 7 nays 2, Senators Dollinger and Hoffmann recorded 8 in the negative. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 Senator Present. 12 SENATOR PRESENT: Mr. President, 13 call up Calendar Number 1561, please. 14 ACTING PRESIDENT MARCELLINO: 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 1561, by the Committee on Rules, Senate Print 18 5764, an act to amend the State Finance Law. 19 SENATOR PRESENT: Mr. President, 20 is there a message of necessity at the desk? 21 ACTING PRESIDENT MARCELLINO: 22 Yes, Senator, there is. 23 SENATOR PRESENT: I move that we 24 accept the message of necessity. 25 ACTING PRESIDENT MARCELLINO: All 7253 1 those in favor of accepting the message of 2 necessity signify by saying aye. 3 (Response of "Aye.") 4 Opposed nay. 5 (There was no audible response.) 6 The message is accepted with two 7 negative votes. Read the last section. 8 SENATOR HOFFMANN: Explanation. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Stafford, an explanation is requested of 11 1561 by Senator Hoffmann. 12 SENATOR STAFFORD: These are - 13 this is an Article VII bill and it's a bill that 14 puts in statutory form provisions which will 15 carry out the appropriation of the 16 transportation program, so in other words this 17 lays out the various programs, puts the bill - 18 what number is this? 19 ACTING PRESIDENT MARCELLINO: 20 This is Calendar 1561, Senator. 21 SENATOR STAFFORD: 5764? 22 ACTING PRESIDENT MARCELLINO: 23 5764, you're absolutely correct, sir. 24 SENATOR STAFFORD: Is there a 25 specific provision you want to discuss? 7254 1 SENATOR HOFFMANN: Yes, Mr. 2 President, if Senator Stafford would yield for a 3 couple of questions, that might be helpful. 4 SENATOR STAFFORD: Sure. 5 ACTING PRESIDENT MARCELLINO: 6 Senator will yield for a couple of questions. 7 SENATOR HOFFMANN: Senator 8 Stafford, thank you for trying to clarify some 9 of the questions that I have. I'm not sure in 10 this short amount of time it's going to be 11 possible for me to fully understand this bill 12 but I would appreciate it if you could just 13 answer two or three things. 14 First of all, is this bill being 15 referred to as a community enhancement and 16 facility bond measure; is that the terminology? 17 SENATOR STAFFORD: Once again, 18 I'm trying to be forthcoming and try to be clear 19 when discussing obviously a complex budget. I 20 don't think this bill just is what you referred 21 to, but there is a $425 million bond program for 22 cultural facilities and economic development 23 which I believe will be proposed and be voted 24 upon in this bill. 25 SENATOR HOFFMANN: I'll wait 7255 1 while Senator Stafford confers with staff. 2 SENATOR STAFFORD: Counsel. 3 SENATOR HOFFMANN: Counsel. I'm 4 very sorry. My apologies to worthy counsel. 5 If Senator Stafford would 6 continue to yield. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Stafford, do you continue to yield? 9 SENATOR STAFFORD: Yes. 10 ACTING PRESIDENT MARCELLINO: I 11 believe he does, Senator. 12 SENATOR STAFFORD: Then, Senator 13 Stafford, this bill contains within it as one 14 aspect of its provisions a bond -- a bond 15 activity in the amount of 425 million dollars 16 but that's only one portion of it, but it does 17 allow bonding in the amount of 425 million; that 18 is correct? 19 SENATOR STAFFORD: (Nodding). 20 SENATOR HOFFMANN: Thank you, 21 Senator Stafford. You're nodding. You're sure 22 but you're not real sure. O.K. 23 SENATOR STAFFORD: Real sure. 24 SENATOR HOFFMANN: You're real 25 sure. Thank you. If Senator Stafford will 7256 1 continue to yield. 2 SENATOR STAFFORD: By all means. 3 ACTING PRESIDENT MARCELLINO: I'm 4 sure he does, Senator. 5 SENATOR HOFFMANN: Am I accurate 6 in understanding that the bonds are to be issued 7 by several different agencies? Could you tell 8 me please which those -- what agencies would be 9 issuing those bonds? 10 SENATOR STAFFORD: Good 11 question. I think this is something good that 12 we explain. The Dormitory Authority, the Thruway 13 Authority, UDC, which has administratively 14 changed its name to - 15 SENATOR HOFFMANN: Empire 16 Development Corporation. 17 SENATOR STAFFORD: -- Empire 18 State Development Corporation. 19 SENATOR HOFFMANN: You're 20 welcome. 21 SENATOR STAFFORD: And HFA are 22 all empowered to take part in this program. 23 SENATOR HOFFMANN: Thank you. If 24 Senator Stafford would continue to yield. 25 ACTING PRESIDENT MARCELLINO: 7257 1 Senator, do you continue to yield? He does, 2 Senator. 3 SENATOR HOFFMANN: Could you 4 explain to me the provisions by which bonds 5 would be issued. What approval would be 6 required; what would be the actual granting 7 process by which bonds would be issued? 8 Granting is probably not the appropriate word. 9 What deliberative process would take place, if 10 any? 11 SENATOR STAFFORD: The -- this is 12 analogous to what we discussed with Senator 13 Leichter - 14 SENATOR HOFFMANN: I -- some 15 feedback on the microphone here. Have we got 16 that under control? 17 SENATOR STAFFORD: Probably my 18 fault; I'm probably not speaking into the 19 microphone. 20 SENATOR HOFFMANN: I'm afraid 21 cats and dogs from around the Capital District 22 will storm the chamber if we continue to have 23 that loud pitched feedback sound. 24 SENATOR STAFFORD: What will? 25 SENATOR HOFFMANN: Cats and 7258 1 dogs. They hear a frequency that is not 2 regularly heard by human beings. 3 SENATOR STAFFORD: Dogs would 4 howl probably. 5 SENATOR HOFFMANN: Can make them 6 crazy. We don't need that. We have enough 7 problems without that. 8 What about the approval process? 9 SENATOR STAFFORD: The -- oh, I 10 lost my train of thought. 11 SENATOR HOFFMANN: I apologize. 12 SENATOR STAFFORD: With all the 13 howling. Amazing! The -- this is analogous to 14 what I was discussing with Senator Leichter. 15 Again, the Speaker, Majority Leader who have 16 their constituencies as I have mentioned, and I 17 would submit that there is an accountability 18 together with the Governor who has his 19 constituency, no matter who he or she is, who is 20 governor, they have the entire state for a 21 constituency. The Speaker has the various 22 Assembly members, and the Majority Leader has 23 the members of the Senate, so there will be an 24 understanding, a memorandum of understanding as 25 far as the programs that will be -- be funded. 7259 1 And then bonding, it's very, very 2 interesting. I would just suggest this, when we 3 mention bonds sometimes, people -- they seem to 4 -- well, they seem to, yes, and I would point 5 out that it's a very, very important industry, 6 if you will, in this state and nation and - 7 SENATOR STAFFORD: The bonding is 8 a very, very important industry, the bond 9 market? Yes, I'm trying to follow you, Senator 10 Stafford, but I got lost somewhere along the way 11 as to the -- as to the answer you were giving to 12 my question. 13 SENATOR STAFFORD: And therefore, 14 I would suggest that people who have an 15 opportunity to invest, get a worthy return and 16 in turn we'll have these programs. 17 SENATOR HOFFMANN: One further 18 question, if you would, Senator Stafford. 19 Thank you, Mr. President. 20 Senator Stafford, for this $425 21 million appropriation to be issued by the 22 Dormitory Authority, the Empire State 23 Development Corporation, the Housing Finance 24 Agency and the Thruway Authority subject to 25 memorandums of understanding by the Governor, 7260 1 the Speaker and the Majority Leader, does there 2 exist a list of worthy projects? 3 SENATOR STAFFORD: I think that 4 will be up to, again, the Speaker who has a 5 constituency as I mentioned; his constituency is 6 the members of the Assembly; the Majority Leader 7 who has the members of the Senate, and the 8 Governor who, as I mentioned, has the consensus 9 -- the constituency of the entire state, of all 10 who, of course, are accountable to their various 11 constituencies. 12 SENATOR HOFFMANN: Shall I take 13 that as a no? 14 SENATOR STAFFORD: No. 15 SENATOR HOFFMANN: There is no 16 list? 17 SENATOR STAFFORD: No. 18 SENATOR HOFFMANN: Yes, there is 19 no list or no, there is a list? 20 SENATOR STAFFORD: Yes, there is 21 no list. 22 SENATOR HOFFMANN: Thank you, 23 Senator Stafford. 24 SENATOR STAFFORD: But there will 25 be when these various principals represent their 7261 1 constituency so there is an accountability and 2 I'm sure that we will all, you know, be working 3 together and then this list will be prepared 4 collectively so that these various 5 constituencies that I've mentioned, receive the 6 consideration which they deserve. 7 SENATOR HOFFMANN: Thank you, 8 Senator Stafford, for responding to my 9 questions. 10 On the bill, Mr. President. 11 ACTING PRESIDENT MARCELLINO: 12 Senator Hoffmann, on the bill. 13 SENATOR HOFFMANN: I -- I can 14 only speak for the constituency in the 48th 15 Senate District. I won't speak for this rather 16 vast constituency referred to by Senator 17 Stafford that apparently is providing 18 inspiration to the Governor, the Majority Leader 19 and the Speaker, and hopefully will be involved 20 in developing a list which does not yet exist, 21 but let me speak to my constituents and, if they 22 could collectively be here, all 300,000 of them, 23 I know that there would be several very common 24 comments made among them. 25 Number one is that they do not 7262 1 support the notion that bonding is real good for 2 New York State. It may be good, as Senator 3 Stafford pointed out, for some people who invest 4 in the bond market, but the taxpayers of the 5 state who have to pay the interest on bonds in 6 my district think that we should do less in the 7 way of bonding and we should do more in the way 8 of pay as you go. 9 Many of them have voiced their 10 concern to me that we do not seem to have a good 11 handle on debt here in Albany and this seems to 12 me to be an enormous step backwards from 13 grasping the enormity of our debt and bringing 14 it into control. 15 It is further compounded by the 16 fact that it is a -- an anticipated debt of $425 17 million with no clear purpose. Here we stand on 18 the 1st of August, 1997 and suggest to the 19 people of this state that we're only putting a 20 budget together, but we have this rather large 21 category generally described as projects which 22 will include arts, cultural, educational, 23 athletic, housing, child care, recreation, 24 transportation, port or economic development 25 purposes in the amount of $425 million, but we 7263 1 don't have a list of those projects. 2 It would appear that we have 3 either been very derelict in our responsibili 4 ties in not soliciting from the districts around 5 the state what people would like on that list 6 or, and this is a very scary thought, or that 7 this is, in fact, to be some kind of a slush 8 fund that can be divvied up at some later time, 9 and again, my constituents, if they were here 10 would say, resoundingly, We do not support the 11 notion of multi-million dollar slush funds in 12 the hands of three people in New York State. 13 They think that is very, very bad government, so 14 I know that my constituents would not support 15 this idea. 16 They may, in fact, like some of 17 the individual projects which might ultimately 18 come from that, but one or two projects that 19 would be of benefit to them in the 48th Senate 20 District do not justify either the notion of a 21 slush fund and bonding capacity, or creating 22 project capability totally unaccountable to any 23 taxpayers by three people, three gentlemen, the 24 Governor, the Speaker and the Assembly -- the 25 Senate Majority Leader, without adequate review 7264 1 by the entire Legislature. 2 That after all is why we are 3 here. We are here to determine how the tax 4 dollars of the state are to be spent on what 5 worthy projects, and to make sure there is an 6 adequate review process. This my constituents 7 would say is an enormous step backward. It is a 8 terrible increase in debt for no clearly stated 9 purpose, and it once again shows that here in 10 Albany elected legislators are willing to 11 abdicate their duly elected responsibility to 12 the hands of three designated budgeteers. These 13 three budgeteers -- the Governor, the Majority 14 Leader and the Speaker -- have an awesome amount 15 of power. It would be far better for us to 16 simply introduce legislation that would abolish 17 211 legislative positions and just have two 18 designated budgeteers from the Legislature and 19 the Governor to make these decisions. Why would 20 we waste our time putting forth a document as 21 vague as this, encumbering the taxpayers of this 22 state with 425 million dollars in anticipated 23 debts with no clear purpose established. 24 I will vote no, Mr. President. 25 ACTING PRESIDENT MARCELLINO: 7265 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll. ) 7 ACTING PRESIDENT MARCELLINO: 8 Record the negatives and announce the results, 9 please. 10 THE SECRETARY: Ayes 53, nays 11 two, Senator Dollinger and Hoffmann recorded in 12 the negative. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 Senator Present, what's your 16 pleasure? 17 SENATOR PRESENT: Mr. President, 18 can we take up the nominations reported by the 19 Finance Committee. 20 ACTING PRESIDENT MARCELLINO: 21 Secretary will read. 22 THE SECRETARY: Senator Stafford, 23 from the Committee on Finance, offers up the 24 following nominations: 25 As members of the Board of 7266 1 Directors of the Roosevelt Island Operating 2 Corporation, Joan O. Dawson, of New York City, 3 Francis B. McKenna, of White Plains. 4 ACTING PRESIDENT MARCELLINO: All 5 in favor of moving the nomination or approving 6 the nomination of Joan O. Dawson, of New York 7 City, and Francis B. McKenna, of White Plains 8 for terms as members of the Board of Directors 9 of the Roosevelt Island Operating Corporation, 10 signify by saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response.) 14 The nominations are confirmed - 15 nominees are confirmed. 16 THE SECRETARY: As member of the 17 Municipal Assistance Corporation for the city of 18 New York, Robert Price, Esq., of New York City. 19 SENATOR STAFFORD: Move the 20 nomination, please. 21 ACTING PRESIDENT MARCELLINO: All 22 in favor of moving the nomination of Robert 23 Price, Esq., of New York City, as a Director of 24 the Municipal Assistance Corporation for the 25 city of New York signify by saying aye. 7267 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response.) 4 The nominee is confirmed. 5 Secretary will read. 6 THE SECRETARY: As a member of 7 the Mental Health Services Council, Ralph W. 8 Standbrook, of Fairhaven. 9 SENATOR STAFFORD: Move the 10 nomination, please. 11 ACTING PRESIDENT MARCELLINO: All 12 in favor of moving the nomination of Ralph W. 13 Standbrook, of Fairhaven, as a member of the 14 Mental Health Services Council, signify by 15 saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response.) 19 The nominee is confirmed. 20 Secretary will read. 21 THE SECRETARY: As Sheriff of 22 Cattaraugus County, Ernest J. Dustman. 23 SENATOR PRESENT: Mr. President. 24 ACTING PRESIDENT MARCELLINO: 25 Senator Present. 7268 1 SENATOR PRESENT: Mr. President, 2 thank you very much. 3 I'd like to move the nomination 4 of Ernest Dustman, of Olean, one of the 5 communities I represent, who has been nominated 6 by the Governor to the position of Cattaraugus 7 County Sheriff. 8 By all accounts, Ernie is a 9 dedicated professional law enforcement officer 10 who for the past 20 years has earned the respect 11 and the trust of his peers and the people of 12 Cattaraugus County. 13 As Cattaraugus County 14 undersheriff for the past 11 years, Mr. Dustman 15 played a key role in the initiation of several 16 programs and policies to combat crime and ensure 17 the safety of Cattaraugus County residents. His 18 efforts helped to lead the creation of a 19 Southern Tier Regional Drug Task Force. He 20 established D.A.R.E. programs in the local 21 schools, the development of a nationally 22 recognized K-9 Unit and the implementation of an 23 E-911 dispatch and community policing program, 24 just to name a few. 25 Mr. President, it's indeed an 7269 1 honor for me to rise today to move for the 2 confirmation of Ernest Dustman, whom I proudly 3 recognize as one of New York State's finest, to 4 the position of Cattaraugus County Sheriff. I 5 wish Ernie well, and know that he will continue 6 to serve the people of Cattaraugus County with 7 the same integrity and professionalism that he 8 has demonstrated throughout his career. 9 Mr. President, it also shows that 10 Mr. Dustman has a great deal of patience for 11 he's been waiting up in the balcony there with 12 his wife Linda and is joined by his predecessor, 13 former Sheriff Jerry Burrell. I wish you would 14 welcome him. Good luck, Ernie. 15 ACTING PRESIDENT MARCELLINO: All 16 in favor of moving the nomination of Ernest J. 17 Dustman, of Olean, for a term as sheriff of 18 Cattaraugus County signify by saying aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response.) 22 The nominee is confirmed. 23 Mr. Dustman, wife Linda, we 24 congratulate you. Your job is indeed an 25 important one and a difficult one. We wish you 7270 1 luck and Godspeed, congratulations. 2 (Applause) 3 Secretary will read. 4 THE SECRETARY: As member of the 5 Board of Visitors of the Central New York 6 Developmental Disabilities Services Office, 7 Louis G. Best, of Oneonta. 8 SENATOR TAFFORD: Move 9 confirmation, please. 10 ACTING PRESIDENT MARCELLINO: All 11 in favor of moving the confirmation of Louis G. 12 Best, of Oneida, to a term as member of the 13 Board of Visitors of the Central New York 14 Developmental Disabilities Services Office, 15 signify by saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response.) 19 The nominee is confirmed. 20 Secretary will read. 21 THE SECRETARY: As member of the 22 Board of Visitors of the Middletown Psychiatric 23 Center, Anne Marie Maglione of Middletown. 24 ACTING PRESIDENT MARCELLINO: All 25 in favor of moving the nomination of Anne Marie 7271 1 Maglione, of Middletown, as a member of the 2 Board of Visitors of the Middletown Psychiatric 3 Center signify by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response.) 7 The nominee is confirmed. 8 Secretary will read. 9 THE SECRETARY: As members of the 10 State Council on the Arts, Debra Ressler Black 11 of New York City and Wynton Marsalis, of New 12 York City. 13 SENATOR STAFFORD: Move 14 confirmation, please. 15 ACTING PRESIDENT MARCELLINO: All 16 in favor of moving the nominations of Debra 17 Black, of New York City, and Wynton Marsalis, of 18 New York City, as members of the New York State 19 Council on the Arts signify by saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response.) 23 The nomination of the nominees 24 are confirmed. 25 The Secretary will read. 7272 1 THE SECRETARY: As members of the 2 Adirondack Park Agency, Jean Read Knox, of 3 Buffalo, and Richard Lefebvre, of Caroga Lake. 4 SENATOR STAFFORD: Move 5 confirmation. 6 ACTING PRESIDENT MARCELLINO: All 7 in favor of moving the nomination of Jean Read 8 Knox, of Buffalo, and Richard Lefebvre, of 9 Caroga Lake, signify by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response.) 13 The nominees are confirmed. 14 Senator Present, that finishes 15 our list. 16 SENATOR PRESENT: Mr. President, 17 is there any housekeeping? 18 ACTING PRESIDENT MARCELLINO: No, 19 sir, we do not. 20 SENATOR PRESENT: If not, the 21 Senate will stand at ease. 22 ACTING PRESIDENT MARCELLINO: We 23 are at ease, ladies and gentlemen. 24 (The Senate stood at ease at 5:15 25 p.m.) 7273 1 ACTING PRESIDENT MARCELLINO: 2 Senator Kuhl. 3 SENATOR KUHL: Yes, Mr. 4 President. There will be an immediate meeting of 5 the Rules Committee, immediate meeting of the 6 Rules Committee, in the Majority Conference 7 Room, Room 332. 8 ACTING PRESIDENT MARCELLINO: 9 There will be an immediate meeting of the Rules 10 Committee in the Majority Conference Room, Room 11 332. 12 SENATOR KUHL: And the Senate 13 will stand at ease. 14 ACTING PRESIDENT MARCELLINO: And 15 the Senate will stand at ease, but before we do, 16 Senator Leichter. 17 SENATOR LEICHTER: Just before, 18 the budget bill that we just did, Calendar 1557, 19 I was recorded in the affirmative. In view of 20 the $425 million no name, no elaboration of bond 21 authorization, Mr. President, I'm going to 22 change my vote into the negative. 23 ACTING PRESIDENT MARCELLINO: 24 Senator Leichter, your vote will be recorded on 25 Calendar Number 1557 in the negative, Senator. 7274 1 SENATOR LEICHTER: I'm sorry, Mr. 2 President. Mr. President. 3 ACTING PRESIDENT MARCELLINO: 4 Yes, Senator. 5 SENATOR LEICHTER: We're just 6 trying to get the right calendar number. 7 ACTING PRESIDENT MARCELLINO: 8 That would be useful. 9 SENATOR LEICHTER: And I believe, 10 Mr. President, it's Calendar 1561. 11 ACTING PRESIDENT MARCELLINO: 12 Just so that the record is clear on this one, 13 Senator, are you sure of the bill number now? 14 SENATOR LEICHTER: Senator, to be 15 truthful, I am not because I can't get staff and 16 myself to both - 17 ACTING PRESIDENT MARCELLINO: It 18 is a poor carpenter who blames his tools, 19 Senator. 20 SENATOR LEICHTER: May I have - 21 ACTING PRESIDENT MARCELLINO: 22 Yes, Senator. 23 SENATOR LEICHTER: Did we do 24 Calendar 1561? 25 ACTING PRESIDENT MARCELLINO: 7275 1 Yes, Senator, we did. I think you debated it. 2 SENATOR LEICHTER: O.K. Then on 3 Calendar 1557, I should be in the affirmative, 4 on Calendar 1561 in the negative. 5 ACTING PRESIDENT MARCELLINO: Let 6 the record reflect that Senator Leichter wishes 7 to remain in the affirmative on Calendar Number 8 1557 and reports in the negative, changes his 9 vote into the negative on Calendar Number 1561, 10 and I'm not sure of the exact number on that, 11 but Senate 1561. 12 THE SECRETARY: Calendar 1561. 13 ACTING PRESIDENT MARCELLINO: 14 Calendar Number 1561, he wishes to be recorded 15 in the negative. That's Senate Print Number 16 5764, so that the record is clear. 17 SENATOR LEICHTER: Thank you for 18 your patience and understanding. 19 ACTING PRESIDENT MARCELLINO: Not 20 a problem. 21 SENATOR LEICHTER: I think we got 22 it right. 23 ACTING PRESIDENT MARCELLINO: I 24 still don't understand it, but we're patient. 25 We are at ease. 7276 1 (The Senate stood at ease from 2 5:22 to 6:20 p.m.) 3 ACTING PRESIDENT MARCELLINO: 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President. 6 If we could return to reports of standing 7 committees, I believe there's a report of the 8 Rules Committee at the desk. I ask that it be 9 read at this time. 10 ACTING PRESIDENT MARCELLINO: 11 There is a report of the Rules Committee at the 12 desk, Senator. The Secretary will read. 13 THE SECRETARY: Senator Bruno, 14 from the Committee on Rules, offers up the 15 following bills: 16 Senate Print 3367, by Senator 17 Seward, an act to amend the Executive Law; 18 5038-B, by Senator Hannon, an act 19 to amend the Public Health Law; 20 5178-B, by Senator Stafford, an 21 act to amend the Education Law; 22 4535-B, by Senator Levy, an act 23 to amend the Vehicle and Traffic Law; 24 4843, by Senator Goodman, an act 25 to amend the Penal Law; 7277 1 5542, by Senator Seabrook, an act 2 authorizing the city of New York; 3 5439, by Senator Markowitz, an 4 act authorizing the city of New York; 5 2163-A, by Senator Volker, an act 6 to amend the Penal Law; 7 3293, by Senator Present, an act 8 to amend the Penal Law; 9 3917-B, by Senator DeFrancisco, 10 an act to amend the Parks, Recreation and 11 Historic Preservation Law; 12 4529-A, by Senator Skelos, an act 13 to amend the Executive Law; 14 4694, by Senator LaValle, an act 15 to amend the Public Authorities Law; 16 5285-A, by Senator Levy, an act 17 to amend the Vehicle and Traffic Law; 18 5365, by Senator Maziarz, an act 19 to amend the Criminal Procedure Law; 20 5562, by Senator Maltese, an act 21 to amend the Highway Law; 22 5619-A, by Senator Seward, an act 23 to amend the Highway Law; 24 5621-A, by Senator Marcellino, an 25 act to amend the General Business Law; 7278 1 5622, by Senator Seward, an act 2 to amend the Economic Development Law; 3 5626, by Senator Rath, an act to 4 amend the Alcoholic Beverage Control Law; 5 5636, by Senator Johnson, an act 6 to amend the Environmental Conservation Law; 7 5723, by Senator Bruno, an act 8 authorizing the village of Round Lake; 9 5730-A, by Senator Seward, an act 10 to amend a chapter of the laws of 1997; 11 5742, by Senator Spano, an act to 12 amend the General Business Law; 13 5745, by Senator Hannon, an act 14 to amend the Public Health Law; 15 5753, by Senator Alesi, an act to 16 amend the Executive Law; 17 774, by Senator Bruno, an act to 18 authorize Thomas G. Restino, employed by the 19 town of Hoosick; 20 2877-B, by Senator Marchi, an act 21 to amend the Public Health Law; 22 5346, by Senator Hannon, an act 23 to amend the Public Health Law; 24 5693-A, by Senator Marcellino, an 25 act to amend the Environmental Conservation Law; 7279 1 5758, by Senator Spano, an act to 2 amend the Labor Law; 3 5683-A, by Senator Cook, an act 4 to amend the Agriculture and Markets Law. 5 All bills directly for third 6 reading. 7 SENATOR SKELOS: Move to accept 8 the report of the Rules Committee. 9 ACTING PRESIDENT MARCELLINO: All 10 in favor of accepting the report of the Rules 11 Committee signify by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response.) 15 The Rules Committee report is 16 accepted. 17 SENATOR SKELOS: Mr. President. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Skelos. 20 SENATOR SKELOS: If we could take 21 up Senate Supplemental Calendar Number 63-C - 22 ACTING PRESIDENT MARCELLINO: 23 Wait a minute. 24 SENATOR SKELOS: -- controversial 25 and if we could have some order so that we can 7280 1 complete this calendar, I know Senator Dollinger 2 is looking forward to going through this 3 calendar and having dinner tonight, so we will 4 start non-controversial with Calendar Number 5 619. 6 ACTING PRESIDENT MARCELLINO: 7 Secretary will read from Calendar Number 63-C 8 starting with Calendar Number 619. 9 THE SECRETARY: Calendar Number 10 619, by Senator Seward, Senate Print 3367, an 11 act to amend the Executive Law. 12 ACTING PRESIDENT MARCELLINO: We 13 are on the non-controversial reading, so that 14 everybody is clear on that. Secretary will read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 55. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 781, by Senator Hannon, Senate Print 5038-B, an 7281 1 act to amend the Public Health Law. 2 ACTING PRESIDENT MARCELLINO: 3 This bill is high. Lay it aside. 4 THE SECRETARY: Calendar Number 5 801, by Senator Stafford, Senate Print Number 6 5178-B, an act to amend the Education Law. 7 ACTING PRESIDENT MARCELLINO: 8 There is a local fiscal impact note at the 9 desk. Read the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 55. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1001, by Senator Levy, Senate Print 4535-B, an 20 act to amend the Vehicle and Traffic Law. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect in 90 days. 25 ACTING PRESIDENT MARCELLINO: 7282 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 55. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1275, by Senator Goodman, Senate Print 4843. 8 SENATOR GOLD: Mr. President. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Gold, why do you rise? Excuse me. 11 SENATOR GOLD: Sorry, I had to 12 step out a minute. Calendar Number 619, could 13 we please reconsider the vote by which that bill 14 was passed. 15 ACTING PRESIDENT MARCELLINO: Can 16 we call the roll on reconsideration on Calendar 17 Number 619 for Senator Gold. 18 THE SECRETARY: Calendar Number 19 619, by Senator Seward, Senate Print 3367. 20 (The Secretary called the roll on 21 reconsideration.) 22 THE SECRETARY: Ayes 55. 23 SENATOR GOLD: Lay it aside. 24 ACTING PRESIDENT MARCELLINO: Lay 25 the bill aside. Continue to read the calendar 7283 1 non-controversial. 2 THE SECRETARY: Calendar Number 3 1275, by Senator Goodman, Senate Print 4843, an 4 act to amend the Penal Law. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first day of 9 November. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1388, by Senator Seabrook, Senate Print 5542, an 18 act authorizing the city of New York to reconvey 19 its interest. 20 ACTING PRESIDENT MARCELLINO: 21 There is a home rule message at the desk. Read 22 the last section. 23 THE SECRETARY: Section 5. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO: 7284 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 55. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1458, by Senator Markowitz, Senate Print 5439, 8 an act authorizing the city of New York to 9 reconvey its interest. 10 ACTING PRESIDENT MARCELLINO: 11 There is a home rule message at the desk. Read 12 the last section, please. 13 THE SECRETARY: Section 5. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 55. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1562, Senator Volker moves to 23 discharge from the Committee on Rules Assembly 24 Print 3379-A and substitute it for the identical 25 Senate Third Reading 1562. 7285 1 ACTING PRESIDENT MARCELLINO: 2 Substitution is ordered. Read the last 3 section. 4 THE SECRETARY: Calendar Number 5 1562, by member of the Assembly Clark, Assembly 6 Print 3379-A, an act to amend the Penal Law. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. Read the last section -- I'm 9 sorry. 10 THE SECRETARY: Section 4. This 11 act shall take effect in 45 days. 12 ACTING PRESIDENT MARCELLINO: Now 13 call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 55. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 1563, Senator Present moves to 20 discharge from the Committee on Rules Assembly 21 Print 5183-A and substitute it for the identical 22 Senate bill Third Reading 1563. 23 ACTING PRESIDENT MARCELLINO: 24 Substitution is ordered. Read the last 25 section. I'm sorry. Read it. 7286 1 THE SECRETARY: Calendar Number 2 1563, by member of the Assembly Parment, 3 Assembly Print 5183-A, an act to amend the Penal 4 Law. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first day of 9 November. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1564, by Senator DeFrancisco, Senate Print 18 Number 3917-B, an act to amend the Parks, 19 Recreation and Historic Preservation Law. 20 SENATOR GOLD: Lay aside. 21 ACTING PRESIDENT MARCELLINO: Lay 22 the bill aside. 23 THE SECRETARY: Calendar Number 24 1565, by Senator Skelos, Senate Print 4529-A, an 25 act to amend the Executive Law. 7287 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 55. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1566, by Senator LaValle, Senate Print 4694, an 13 act to amend the Public Authorities Law. 14 SENATOR PATERSON: Lay aside. 15 ACTING PRESIDENT MARCELLINO: Lay 16 that bill aside, please. 17 THE SECRETARY: In relation to 18 Calendar Number 1567, Senator Levy moves to 19 discharge from the Committee on Rules Assembly 20 Print 8209-A and substitute it for the identical 21 Senate Third Reading 1567. 22 ACTING PRESIDENT MARCELLINO: 23 Substitution is ordered. Secretary will read. 24 THE SECRETARY: Calendar Number 25 1567, by the Assembly Committee on Rules, 7288 1 Assembly Print 8209-A, an act to amend the 2 Vehicle and Traffic Law. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first day of 7 November. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 55. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1568, Senator Maziarz moves to 16 discharge from the Committee on Rules Assembly 17 Print 8064 and substitute it for the identical 18 Senate Third Reading 1568. 19 ACTING PRESIDENT MARCELLINO: 20 Substitution is ordered. Secretary will read. 21 THE SECRETARY: Calendar Number 22 1568, by the Assembly Committee on Rules, 23 Assembly Print 8064, an act to amend the 24 Criminal Procedure Law. 25 ACTING PRESIDENT MARCELLINO: 7289 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 55. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 1569, Senator Maltese moves to 12 discharge from the Committee on Transportation 13 Assembly Print 3807-B and substitute it for the 14 identical Senate Third Reading 1569. 15 SENATOR PATERSON: Lay aside. 16 ACTING PRESIDENT MARCELLINO: 17 Substitution is ordered. Bill will be laid 18 aside. 19 Secretary will have to read it, I 20 guess. 21 THE SECRETARY: No, lay it 22 aside. 23 ACTING PRESIDENT MARCELLINO: 24 Laid aside. 25 THE SECRETARY: Calendar Number 7290 1 1570, by Senator Seward, Senate Print 5619-A, an 2 act to amend the Highway Law. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 55. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1571, Senator Marcellino moves 15 to discharge from the Committee on Rules 16 Assembly Print 8435-A and substitute it for the 17 identical Senate Third Reading 1571. 18 ACTING PRESIDENT MARCELLINO: 19 Substitution is ordered. Secretary will read. 20 THE SECRETARY: Calendar Number 21 1571, by the Assembly Committee on Rules, 22 Assembly Print 8435-A, an act to amend the 23 General Business Law. 24 SENATOR GOLD: Which is it? 25 ACTING PRESIDENT MARCELLINO: 7291 1 Yeah. Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 55. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar 1572, Senator Seward moves to discharge 12 from the Committee on Rules Assembly Print 8029 13 A, and substitute it for the identical Senate 14 bill, Third Reading 1572. 15 ACTING PRESIDENT MARCELLINO: 16 Substitution is ordered. Secretary will read. 17 THE SECRETARY: Calendar Number 18 1572, by the Committee on Rules, Assembly Print 19 8029-A, an act to amend the Economic Development 20 Law. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO: 7292 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 55. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1573, by Senator Rath, Senate Print 5626, an act 8 to amend the Alcoholic Beverage Control Law. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1574, Senator Johnson moves to 21 discharge from the Committee on Rules Assembly 22 Print 8319 and substitute it for the identical 23 Senate bill, Third Reading 1574. 24 ACTING PRESIDENT MARCELLINO: 25 Substitution is ordered. The Secretary will 7293 1 read. 2 THE SECRETARY: Calendar Number 3 1574, by the Committee on Rules, Assembly Print 4 8319, an act to amend the Environmental 5 Conservation Law. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the 30th day. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1575, by Senator Bruno, Senate Print 5723, an 18 act authorizing the village of Round Lake. 19 ACTING PRESIDENT MARCELLINO: 20 There is a home rule message at the desk. 21 Please read the last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll. 7294 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 55. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1577, by Senator Seward, Senate Print 5730-A, an 7 act to amend a chapter of the laws of 1997. 8 SENATOR GOLD: Home rule message 9 too? 10 ACTING PRESIDENT MARCELLINO: The 11 bill is high. Lay it aside. 12 THE SECRETARY: Calendar Number 13 1578, by Senator Spano, Senate Print 5742, an 14 act to amend the General Business Law. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is high. Lay it aside. 17 THE SECRETARY: Calendar Number 18 1579, by Senator Hannon, Senate Print 5745, an 19 act to amend the Public Health Law. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is high. Lay it aside. 22 THE SECRETARY: In relation to 23 Calendar Number 1580, Senator Alesi moves to 24 discharge from the Committee on Rules Assembly 25 Print 5193 and substitute it for the identical 7295 1 Senate bill, Third Reading 1580. 2 ACTING PRESIDENT MARCELLINO: 3 There is a message of necessity -- no, no, there 4 is a substitution ordered. I'm sorry. 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1580, by member of the Assembly Robach, Assembly 8 Print 5193, an act to amend the Executive Law. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 6. This 12 act shall take effect November 1st. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1582, by Senator Bruno, Senate Print 774, an act 21 to authorize. 22 SENATOR GOLD: Lay it aside. 23 ACTING PRESIDENT MARCELLINO: 24 Laid aside. 25 THE SECRETARY: Calendar Number 7296 1 1583, by Senator Marchi, Senate Print 2877-B, an 2 act to amend the Public Health Law. 3 SENATOR GOLD: Lay aside. 4 ACTING PRESIDENT MARCELLINO: Lay 5 the bill aside. 6 THE SECRETARY: Calendar Number 7 1584, by Senator Hannon, Senate Print 5346, an 8 act to amend the Public Health Law. 9 SENATOR DOLLINGER: Lay the bill 10 aside, please. 11 ACTING PRESIDENT MARCELLINO: Lay 12 the bill aside, please. 13 THE SECRETARY: Calendar Number 14 1585, by Senator Marcellino, Senate Print 5693 15 A, an act to amend the Environmental 16 Conservation Law. 17 ACTING PRESIDENT MARCELLINO: 18 There is a message of necessity at the desk. 19 Secretary will read. 20 I'm sorry. Senator Holland, do 21 you want to move to accept the message? 22 SENATOR HOLLAND: I move. 23 ACTING PRESIDENT MARCELLINO: 24 Move to accept the message of necessity. All in 25 favor signify by saying aye. 7297 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response.) 4 The message is accepted. 5 Secretary will read the last section. 6 SENATOR GOLD: Which one is this? 7 ACTING PRESIDENT MARCELLINO: I'm 8 not going to tell you. We're not telling. 9 1585. 10 SENATOR GOLD: 1585. 11 THE SECRETARY: Section 8. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1586, by Senator Spano, Senate Print 5758, an 21 act to amend the Labor Law. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is high. Lay it aside. 24 THE SECRETARY: Calendar Number 25 1587, by Senator Cook, Senate Print 5683-A, an 7298 1 act to amend the Agriculture and Markets Law. 2 ACTING PRESIDENT MARCELLINO: 3 This bill is not on the printed calendar that 4 was reported out of Rules. There is a message 5 of necessity at the desk. 6 SENATOR HOLLAND: Move to accept 7 the message. 8 ACTING PRESIDENT MARCELLINO: 9 Motion is to accept the message of necessity. 10 All in favor signify by saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response.) 14 The message is accepted. 15 Read the last section. 16 SENATOR GOLD: Hold on a minute. 17 Don't lay it aside. 18 ACTING PRESIDENT MARCELLINO: 19 This is Senate Print Number 5683-A. 20 SENATOR GOLD: Last section. 21 Thank you very much. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section, please. 24 THE SECRETARY: Section 8. This 25 act shall take effect immediately. 7299 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 55. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 Senator Holland, that completes 8 the non-controversial reading of the Calendar. 9 SENATOR HOLLAND: Can we do the 10 controversial reading, please, Mr. President. 11 ACTING PRESIDENT MARCELLINO: 12 Yes, we can. Secretary will read. 13 THE SECRETARY: Calendar Number 14 619, by Senator Seward, Senate Print 3367, an 15 act to amend the Executive Law. 16 SENATOR GOLD: Explanation. 17 ACTING PRESIDENT MARCELLINO: Can 18 we lay that bill aside temporarily, please. 19 THE SECRETARY: Calendar Number 20 1564, by Senator DeFrancisco, Senate Print 3917 21 B, an act to amend the Parks, Recreation and 22 Historic Preservation Law. 23 SENATOR PATERSON: Explanation. 24 ACTING PRESIDENT MARCELLINO: 25 Senator DeFrancisco, an explanation has been 7300 1 asked for by Senator Paterson. 2 SENATOR DeFRANCISCO: Yes. The 3 state of New York has many leases of some parts 4 of park lands for various projects, and 5 generally they're less than 20 years. Sometimes 6 they're a little bit more. They have to be 7 required -- they have to have special 8 legislation and the concept is that, if you have 9 huge investments in the various leases, that 10 10 or 20 years won't justify the investment, so 11 rather than having -- we earlier tried -- the 12 administration earlier wanted a bill that would 13 basically be open ended that if it was a lease, 14 an investment of so much, then you could have a 15 lease of a longer term automatically without 16 designating the project. 17 Version A of this bill had five 18 projects in it, specific projects, rather than 19 giving blanket authority on all leases with 20 certain investments that were required. There 21 was some concern about structures in Empire 22 Fulton Ferry State Park and that was in the "A" 23 version. That was left out. That was in 24 Senator Connor's district, so that is not in 25 here. The four other ones that remain that are 7301 1 requiring long-term leases, and that's what this 2 is authorizing, would be a project in Senator 3 Nanula's district, Niagara Reservation State 4 Park and Observation Tower, a project in Senator 5 Leibell's district, brick cottage and out 6 buildings on John Jay State Park, and two in 7 Senator Saland's district, Hoyt house and barns 8 on Mill State Park and the out buildings at 9 Olana State Historic Site, and this would 10 authorize long-term leases because of the 11 amounts of money that is required to renovate 12 these projects by private industry, doesn't 13 justify a shorter term. 14 SENATOR PATERSON: All right. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section, please. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Ayes 55. 25 ACTING PRESIDENT MARCELLINO: In 7302 1 anticipation of that vote, the bill is passed. 2 Senator Holland. 3 SENATOR HOLLAND: Mr. President, 4 can we lay aside for the day 1566 and also 781 5 for the day, please. 6 ACTING PRESIDENT MARCELLINO: 7 Yes, we can. We can lay aside Calendar Number 8 781 for the day and Calendar Number 1566 for the 9 day. 10 THE SECRETARY: Calendar Number 11 1569, by member of the Assembly Weprin, Assembly 12 Print 3807-B, an act to amend the Highway Law. 13 ACTING PRESIDENT MARCELLINO: 14 Read the last section. 15 SENATOR PATERSON: Explanation, 16 please. 17 SENATOR HOLLAND: Lay aside 18 temporarily, please, Mr. President. 19 ACTING PRESIDENT MARCELLINO: Lay 20 that bill aside temporarily. 21 THE SECRETARY: Calendar Number 22 1582, by Senator Bruno, Senate Print 774, an act 23 to authorize Thomas G. Restino, employed by the 24 village of Hoosick. 25 ACTING PRESIDENT MARCELLINO: 7303 1 Read the last section. 2 SENATOR PATERSON: Explanation. 3 ACTING PRESIDENT MARCELLINO: Lay 4 it aside temporarily, please. 5 THE SECRETARY: Calendar Number 6 1583, by Senator Marchi, Senate Print 2877-B, an 7 act to amend the Public Health Law. 8 SENATOR MARCHI: Mr. President. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Marchi, why do you rise? 11 SENATOR MARCHI: Yes. I just 12 wanted to make a short statement on this bill. 13 I intend to recommit this bill 14 and I'll give you -- I just want to make a brief 15 statement explaining why. 16 I'm fully and completely 17 committed to the enactment of the legislation 18 and I feel that this bill does, but I'm also 19 disquieted to some extent that there are still 20 people who have some, at least if not in my 21 terms meritorious, but at least they are 22 disquieted because of sincere questions that 23 they have raised on the appropriateness of this 24 bill as it relates especially to research and 25 development, and I believe that when we enact 7304 1 legislation of sweeping proportions such as this 2 issue raises, that we ought to have sturdy 3 underpinnings, so that there is general 4 satisfaction that all legitimate concerns are 5 fully met. 6 Great Britain has enacted 7 legislation and indeed they were the progenitors 8 or the genitors of the concept and of its 9 implementation in animals, but I feel that there 10 should be stronger undergirding of legislation 11 of this sweep and effect in the 48 states -- the 12 50 states, I'm dating myself -- before we 13 proceed further. 14 So my commitment is not to be 15 interpreted in any way. My commitment remains 16 strong and sturdy to this legislation and I will 17 be working on future bills to be re-submitted at 18 the next session on this bill, and I hope that 19 will enjoy the confidence and support of all 20 people who are -- who may have some genuine 21 concerns at this time. 22 ACTING PRESIDENT MARCELLINO: 23 Thank you, Senator. The bill is recommitted. 24 Secretary will continue to read 25 the controversial calendar. 7305 1 THE SECRETARY: Calendar Number 2 1584, by Senator Hannon, Senate Print 5346, an 3 act to amend the Public Health Law. 4 SENATOR DOLLINGER: Explanation. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Hannon, an explanation has been 7 requested of you by Senator Paterson. 8 SENATOR HANNON: This bill 9 repeals the 8.18 percent assessment for the 10 health care format as it is applied to 11 laboratory services for free-standing 12 laboratories. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Dollinger. 15 Senator Holland, would you yield 16 to Senator Dollinger, please? He yields, 17 Senator. 18 SENATOR HANNON: Yes. Senator 19 Hannon. 20 ACTING PRESIDENT MARCELLINO: 21 Senator, could you -- I know the hour is late, 22 ladies and gentlemen, but could we just keep it 23 calm so we can hear the debate and move this 24 thing along a little bit quicker. 25 Thank you for your patience. 7306 1 SENATOR DOLLINGER: Again, 2 through you, Mr. President. Thank you. Senator, 3 why would we do this just for the clinical labs? 4 I know you have worked in your position as chair 5 of the Health Committee to establish a 6 competitive environment in the New York State 7 health care system in which competitive 8 advantages are balanced off among all the 9 players as we try to keep this system efficient 10 and keep it changing and keep it evolving to 11 keep up with the needs of industry and the needs 12 to control costs. 13 Why would we take that 14 competitive model that, frankly, you are one of 15 the architects of and throw in a situation where 16 we would create a huge competitive advantage for 17 clinical laboratories but not give that same 18 advantage to hospital laboratories or other 19 provider laboratories? 20 I just -- it seems inconsistent 21 with the model of the health care system that 22 you have been a part of devising. 23 SENATOR HANNON: Well, when we 24 pass this, which puts on assessments that are 25 not general fund things but within the fund that 7307 1 supports activities in the health care system, 2 specifically the bad debt and charity care for 3 hospitals specifically, the graduate medical 4 education payments to hospitals, our teaching 5 hospitals, and to the Child Health Plus program 6 and some other lesser programs, we were trying 7 to broaden these now unbundled payments among 8 all providers. 9 It turns out, however, that for 10 these providers they probably have a couple 11 unique situations unlike the other health care 12 providers subject to the assessment, and these 13 providers, more important than anything else, 14 never see their customers. They are given an 15 order form from physicians or other health care 16 practitioners who may be authorized to do so. 17 They don't have any direct relationship with 18 that -- the customer, which is the patient and 19 yet it's the customer who should be -- the 20 insurer who should be giving the information and 21 so there is a lot of misinformation out there as 22 to who's covered and who's not covered, and 23 second, the sheer volume of these, they're 24 measured in the millions as opposed to the far 25 lesser number of patients in their hospital 7308 1 bills, and so it became obvious that there was a 2 problem and, in trying to address it, a number 3 of different avenues were offered and it's my 4 simple statement that the best way to do it at 5 this particular time is just to take that off 6 the free-standing clinical laboratories. 7 SENATOR DOLLINGER: Again through 8 you, Mr. President, but - 9 ACTING PRESIDENT MARCELLINO: 10 Senator, do you continue to yield? Excuse me. 11 Senator Hannon, do you continue to yield? 12 SENATOR HANNON: Yes. 13 ACTING PRESIDENT MARCELLINO: He 14 continues to yield. 15 SENATOR DOLLINGER: Senator, if 16 this bill became law free-standing clinical 17 laboratories would be able to discount their 18 services an automatic 8.1 percent less than 19 comparable identical services provided by a 20 hospital or a non-free-standing clinical 21 laboratory, isn't that correct? Because they 22 won't have to collect the assessment. 23 SENATOR HANNON: Anybody can 24 discount anything right now under the 25 deregulation we did already, and that's really 7309 1 not been really measured, the impact. The 2 hospital laboratories are really the ones who 3 already know their patients, know whether or not 4 they have insurance that will pay these 5 assessments directly, have them already in their 6 billing system, and don't have to enter them 7 into it, so under that measure of competition, 8 you could say that this is more or less 9 addressing some inner quality that's already 10 existing under this system. 11 SENATOR DOLLINGER: Again through 12 you, Mr. President, if Senator Hannon - 13 ACTING PRESIDENT MARCELLINO: Do 14 you continue to yield? He yields, Senator. 15 SENATOR HANNON: Yes, Mr. 16 President. 17 SENATOR DOLLINGER: And again, 18 Mr. Chairman, I apologize for perhaps the 19 insistence of my questioning, but doesn't this 20 mean that, if you have laboratory work that you 21 could refer out, that you would be able to, if 22 you were a physician and you would look at the 23 costs of referring it out and realize that if it 24 were done by a free-standing clinical laboratory 25 it would be 8.18 percent less expensive, doesn't 7310 1 that put a -- well, first of all, the question 2 is that accurate and secondly, doesn't that put 3 a huge incentive to drive business to clinical 4 laboratories over other laboratories in our 5 system? 6 SENATOR HANNON: Yes, but to 7 carry your reasoning one step further and using 8 history as our model, one would think that if 9 that were to be the case, then the existing 10 hospitals would simply say, easy enough to do, 11 we'll just buy a few of these free-standing and 12 then we'll be able to take care of it in that 13 way, which is actually one of the reasons we 14 decided to try to apply this across the board. 15 It -- when you're dealing with - 16 you're really dealing with a number of different 17 economic models when you come to each of the 18 different health care providers, you know. The 19 physician is a much different model than a 20 clinic. The clinic is much different than the 21 hospital. Even in-patient and out-patient is 22 different and yet you're trying to bring them 23 all together, and you're also, by the way - 24 have a requirement under federal law that you 25 impose any surcharges in an even-handed fashion 7311 1 on the provider tax rolls, so there's a number 2 of things that can happen, and they're all 3 speculative, but at the moment I think this 4 proposal fits the best solution. 5 SENATOR DOLLINGER: O.K. A final 6 question through you, Mr. President, then I'll 7 address the bill. 8 ACTING PRESIDENT MARCELLINO: 9 Senator, do you yield for one more question? 10 SENATOR HANNON: Yes, last 11 question. 12 ACTING PRESIDENT MARCELLINO: He 13 yields, Senator, last question. 14 SENATOR DOLLINGER: Senator, 15 what's the hit on the bad debt and charity care 16 pool by creating this special exemption for 17 clinical laboratories? 18 SENATOR HANNON: My guess is 19 somewhere between 18 and 20 million, but that 20 pool -- the pools, I think, have been made up by 21 the fact that this recently is part of the 22 Medicare waiver. You have more money coming for 23 the purpose of the cost of training and, 24 therefore, we obviate the need to spend those 25 monies on the state work force you're training 7312 1 because we've already made certain allotments, 2 so I believe that the funding is there. 3 SENATOR DOLLINGER: On the bill, 4 Mr. President. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Dollinger, on the bill. 7 SENATOR DOLLINGER: I appreciate 8 the candor of the chairman of the Health 9 Committee. He has been one of those who last 10 year led the fight for parity and for equality 11 in the extension of the state health care system 12 and especially in the funding of the bad debt 13 and charity care pool. He was one of the 14 leaders who said that, if you're going to 15 finance this, we've got to come up with a way to 16 make it work without creating economic 17 disincentives and changing the competitive 18 environment that's present in New York's health 19 care system because, as he has often so well 20 articulated, is the notion that by introducing 21 competition, by freeing ourselves from the reins 22 of the NYPHRM system, we would introduce 23 competition, it would make the system more 24 efficient and save us money. 25 Now, unfortunately, and this is 7313 1 where I disagree with the chairman, what I think 2 we're doing is, I think we're taking that finely 3 tuned or at least to the best we could fine tune 4 it last year, we're now introducing exactly what 5 the system just tried to be rid of, and that is 6 exceptions to the rule that would drive health 7 care services in a certain direction, that would 8 take these and create incentives which start to 9 skew the factors of economic determinism and of 10 economic activity in the marketplace. 11 One of the ways to do that is to 12 say we have an assessment on all the providers, 13 on all the payers into the system to fund bad 14 debt and charity care. Now, for the first time 15 we're saying except, and really what we've done 16 is selected a group and we've said we're not - 17 you're not going to participate. We're going to 18 say that the 8.18 percent that we assess on 19 everyone is not going to be assessed on you. 20 This is the first exception. 21 What this will do, Mr. Chairman, 22 I'm afraid, is this will drive the engine of 23 exceptions to swallow the rule and the system 24 that we worked so hard to develop and that, 25 frankly, you worked so very hard to develop that 7314 1 was a system that required the assessment across 2 the board will get everybody to pay into the bad 3 debt and charity care pool. 4 It would have all the 5 participants in the health care system fund 6 these public goods. We've now created an 7 exception. When we create an exception, we open 8 the door for others who want to save 18 to $20 9 million on what they pay into the system. 10 They'll be knocking on our door fast and furious 11 and lo and behold, at some point, some time the 12 next two or three years we'll have a system 13 that's riddled with exceptions that has all 14 kinds of favored entities and unfavored entities 15 and we won't have a competitive -- truly 16 competitive system. We'll have a system that's 17 totally out of whack and out of balance and will 18 require us to go back and sweep our table clean, 19 clean up all the exceptions and go back to a 20 uniform rule. 21 I think this is ill advised at 22 this stage. I think that the fact that HANYS 23 and other hospitals are against it shows that 24 this will dramatically alter the competitive 25 landscape in New York. If we were going to save 7315 1 the bad debt and charity care pool 18 to $20 2 million -- and the chairman is correct, there 3 have been changes in our health care system 4 driven by competition which have already reduced 5 our need to draw out from the bad debt and 6 charity care pool -- we ought to extend that 7 benefit across the board, reduce the assessment 8 by one percent for all the providers so that we 9 keep them all on that even playing field that 10 we've worked so hard to develop. 11 With all due respect to the 12 chairman, I'm going to vote against this bill. 13 I just think it reflects bad policy and it will 14 swallow the very diligent efforts of the 15 chairman of the Health Committee and the members 16 in this chamber who worked so hard to create a 17 fair and equitable system last year. 18 I urge my colleagues to vote no. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 10. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll. ) 7316 1 ACTING PRESIDENT MARCELLINO: 2 Record the negatives and announce the results, 3 please. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1584 are 6 Senators Abate, Breslin, Connor, Dollinger, 7 Gold, Leichter, Nanula, Onorato, Paterson, Smith 8 and Stachowski. Ayes 44, nays 11. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 Senator Holland. 12 SENATOR HOLLAND: Mr. President, 13 is there any housekeeping? 14 ACTING PRESIDENT MARCELLINO: 15 Senator, we don't have anything particularly. 16 We're waiting for some messages on some bills. 17 SENATOR HOLLAND: Messages are 18 not coming, we're told. 19 ACTING PRESIDENT MARCELLINO: If 20 they're not up there yet. 21 SENATOR HOLLAND: We're told the 22 messages are not coming, and the Senate will be 23 adjourned until 1:00 o'clock tomorrow 24 afternoon. 25 SENATOR GOLD: Hold it. 7317 1 SENATOR HOLLAND: David? 2 SENATOR PATERSON: Mr. 3 President. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Paterson. 6 SENATOR PATERSON: There will be 7 an immediate Minority Conference in the Minority 8 Conference Room. 9 ACTING PRESIDENT MARCELLINO: 10 Immediate conference of the Minority. We are in 11 discussions. We are accepting two messages of 12 necessity. We can hold. 13 Senator Holland. Excuse me. 14 SENATOR HOLLAND: I'm informed 15 that we have two messages coming very quickly, 16 so can we stand at ease until those two messages 17 get here. 18 ACTING PRESIDENT MARCELLINO: 19 Yes, we can. The Senate will stand at ease and 20 they're approaching the desk momentarily, this 21 instant. Don't drip. 22 Senator Holland. 23 SENATOR HOLLAND: Mr. President, 24 can we do bill 781, please. 25 ACTING PRESIDENT MARCELLINO: 7318 1 Calendar 781, yes, there is a message of 2 necessity on the bill. We have to read the bill 3 first. Secretary will read. 4 THE SECRETARY: Calendar Number 5 781, by Senator Hannon, Senate Print 5038-B, an 6 act to amend the Public Health Law. 7 SENATOR HOLLAND: Move we accept 8 the message. 9 ACTING PRESIDENT MARCELLINO: 10 Everybody in favor of accepting the message of 11 necessity for Calendar Number 781 signify by 12 saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 The message is accepted. 17 Secretary will read. Read the last section. 18 THE SECRETARY: Section 18. This 19 act shall take effect November 1st. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 55. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed. 7319 1 SENATOR HOLLAND: Can we do 1579, 2 please. 3 ACTING PRESIDENT MARCELLINO: 4 Yes, we can, Senator, Calendar Number 1579. 5 THE SECRETARY: Calendar Number 6 1579, by Senator Hannon, Senate Bill 5745, an 7 act to amend the Public Health Law. 8 SENATOR HOLLAND: Is there a 9 message at the desk? 10 ACTING PRESIDENT MARCELLINO: 11 Senator, there is a message of necessity at the 12 desk. 13 SENATOR HOLLAND: Move we accept 14 the message. 15 ACTING PRESIDENT MARCELLINO: All 16 those in favor of accepting the message of 17 necessity, signify by saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response.) 21 The message is accepted, 22 Senator. 23 Secretary will read the last 24 section. 25 THE SECRETARY: Section 3. This 7320 1 act shall take effect on January 1st, 1998. 2 ACTING PRESIDENT MARCELLINO: 3 Senator Dollinger, why do you rise? 4 SENATOR DOLLINGER: Just for a 5 point of order, Mr. President. Which calendar 6 number is this, Mr. President? 7 ACTING PRESIDENT MARCELLINO: 8 1579, Senator. 9 SENATOR DOLLINGER: Thank you, 10 Mr. President. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect January 1st, 1998. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 55. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 Senator Holland. 22 SENATOR HOLLAND: Mr. President, 23 I'll try this once more. There being no further 24 business. 25 ACTING PRESIDENT MARCELLINO: Oh, 7321 1 oh, oh. 2 SENATOR HOLLAND: Housekeeping. 3 ACTING PRESIDENT MARCELLINO: 4 Housekeeping. We found some for you. 5 Senator Alesi. 6 SENATOR ALESI: On behalf of 7 Senator Trunzo, I offer the following amendments 8 to Calendar Number 1552, Senate Print 5694, and 9 I ask that said bill retain its place on the 10 Third Reading Calendar. 11 ACTING PRESIDENT MARCELLINO: It 12 will be done as you ask, Senator. 13 Now, Senator Holland. 14 SENATOR HOLLAND: Is there 15 anything further before we do this? 16 ACTING PRESIDENT MARCELLINO: The 17 house is clean. 18 Senator Paterson. 19 SENATOR PATERSON: Mr. President. 20 ACTING PRESIDENT MARCELLINO: 21 Yes, sir. 22 SENATOR PATERSON: On conclusion 23 of session, which should be momentarily, there 24 will be an immediate meeting of the Minority 25 Conference. There will also be a Minority 7322 1 Conference tomorrow at noon. Talking to 2 Minority members, we will not turn away Majority 3 members. For tickets please call the Minority 4 office, and we'll work it out. 5 ACTING PRESIDENT MARCELLINO: The 6 way I understand it there will be an immediate 7 Minority Conference following the recess of the 8 session and tomorrow morning, I don't recall the 9 time, Senator -- did you say at noon? -- there 10 will be a Minority Conference as well. 11 Senator Holland. 12 SENATOR HOLLAND: Mr. President, 13 I move we adjourn until 1:00 o'clock tomorrow, 14 Saturday, the 2nd of August. 15 ACTING PRESIDENT MARCELLINO: 16 Senate will stand adjourned until Saturday, the 17 2nd of August, at 1:00 p.m. 18 (Whereupon at 7:13 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25