Sunday, August 3, 1997

7440 1 2 3 4 5 6 7 ALBANY, NEW YORK 8 August 3, 1997 9 2:40 p.m. 10 11 12 REGULAR SESSION 13 14 15 16 SENATOR JOHN R. KUHL, JR., Acting President 17 STEPHEN F. SLOAN, Secretary 18 19 20 21 22 23 24 25 7441 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Members take their places. 4 Staff take their places. 5 I'd ask everybody in the chamber 6 to rise and join with me in saying the Pledge of 7 Allegiance to the Flag. 8 (Whereupon, the Senate and those 9 present joined in the Pledge of Allegiance to 10 the Flag.) 11 In the absence of clergy, may we 12 bow our heads in a moment of silence. 13 (Whereupon, there was a moment of 14 silence.) 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Saturday, August 2nd. The Senate met pursuant 18 to adjournment. The Journal of Friday, August 19 1st, was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT KUHL: Hearing 22 no objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly. 7442 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Marcellino. 8 SENATOR MARCELLINO: Thank you, 9 Mr. President. On behalf of myself, I wish to 10 call up my bill, Print Number 5620, recalled 11 from the Assembly, which is now at the desk. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Marcellino, Senate Print 5620, an act 16 authorizing the county of Suffolk. 17 ACTING PRESIDENT KUHL: Senator 18 Marcellino. 19 SENATOR MARCELLINO: Mr. 20 President, I now move to reconsider the vote by 21 which this bill was passed. 22 ACTING PRESIDENT KUHL: The 23 Secretary will call the roll on reconsideration. 24 (The Secretary called the roll on 25 reconsideration.) 7443 1 THE SECRETARY: Ayes 39. 2 ACTING PRESIDENT KUHL: The bill 3 is before the house. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Mr. 6 President, I now offer the following amendments. 7 ACTING PRESIDENT KUHL: 8 Amendments are received and adopted. 9 SENATOR MARCELLINO: Thank you. 10 ACTING PRESIDENT KUHL: Senator 11 Marcellino. 12 SENATOR MARCELLINO: Mr. 13 President, on behalf of Senator Stafford, on 14 page number 4, I offer the following amendments 15 to Calendar Number 1155, Senate Print Number 16 5349A, and ask that said bill retain its place 17 on the Third Reading Calendar. 18 ACTING PRESIDENT KUHL: 19 Amendments are received and adopted. The bill 20 will retain its place on the Third Reading 21 Calendar. 22 SENATOR MARCELLINO: Thank you. 23 ACTING PRESIDENT KUHL: Senator 24 Lack. 25 SENATOR LACK: Thank you, Mr. 7444 1 President. I would like to announce that in 14 2 minutes, at 3:00 o'clock, there will be a 3 Committee on Judiciary meeting in Room 332, the 4 Majority Conference Room. 5 ACTING PRESIDENT KUHL: There 6 will be a Judiciary Committee meeting at 3:00 7 p.m. this afternoon in the Majority Conference 8 Room, Room 332. 9 Senator Skelos. 10 SENATOR SKELOS: Are there any 11 substitutions to make at this time? 12 ACTING PRESIDENT KUHL: None at 13 the desk. 14 SENATOR SKELOS: Mr. President, 15 there will be an immediate meeting of the Rules 16 Committee in the Majority Conference Room, and 17 if we could take up Calendar 65, 18 noncontroversial. 19 ACTING PRESIDENT KUHL: There 20 will be an immediate meeting of the Rules 21 Committee, immediate meeting of the Rules 22 Committee in the Majority Conference Room, Room 23 332. 24 Senator Skelos. 25 SENATOR SKELOS: If we could take 7445 1 up Calendar Number 1616 first. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the title to Calendar Number 1616. 4 THE SECRETARY: Calendar Number 5 1616, by the Committee on Rules, Senate Print 6 5778, an act to amend the Racing, Pari-Mutuel 7 Wagering and Breeding law. 8 ACTING PRESIDENT KUHL: The 9 motion is to accept the message of necessity 10 which is at the desk on Calendar Number 1616. 11 All those in favor, signify by 12 saying aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response.) 16 The message is accepted. 17 SENATOR STACHOWSKI: Explanation. 18 ACTING PRESIDENT KUHL: Senator 19 Larkin, are you doing the explanation of 20 Calendar Number 1616? 21 SENATOR LARKIN: Yes. 22 ACTING PRESIDENT KUHL: Senator 23 Stachowski asked for an explanation. 24 SENATOR LARKIN: Bill, all this 25 does is extend simulcasting for another day. 7446 1 ACTING PRESIDENT KUHL: The 2 Secretary will 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 ACTING PRESIDENT KUHL: Record 9 the negatives and announce the results. 10 THE SECRETARY: Ayes 38, nays 2, 11 Senators Padavan and Tully recorded in the 12 negative. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 Senator Holland. 16 SENATOR HOLLAND: Senator Kuhl, 17 can we do Calendar 485, please. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the title to Calendar Number 485. 20 THE SECRETARY: Calendar Number 21 485, by Senator Bruno, Senate Print 3A, an act 22 to amend the Education Law. 23 SENATOR HOLLAND: Is there a 24 message of necessity, Mr. President? 25 ACTING PRESIDENT KUHL: There is. 7447 1 SENATOR HOLLAND: Move we accept 2 the message. 3 ACTING PRESIDENT KUHL: The 4 motion is to accept the message of necessity on 5 Calendar Number 485. 6 All those in favor, signify by 7 saying aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The message is accepted. 12 The Secretary will read the last 13 section. 14 THE SECRETARY: Section 10. 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 40. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 SENATOR HOLLAND: Mr. President, 23 may we do Calendar 1577, please. 24 ACTING PRESIDENT KUHL: Secretary 25 will read Calendar Number 1577. 7448 1 THE SECRETARY: Calendar Number 2 1577, by Senator Seward, Senate Print 5730A, an 3 act to amend a Chapter of the Laws of 1997. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the same date as such 8 chapter. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 40. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 SENATOR HOLLAND: Mr. President, 16 can we do Calendar 1614, please. 17 ACTING PRESIDENT KUHL: Secretary 18 will read Calendar Number 1614. 19 THE SECRETARY: Calendar Number 20 1614, by Senator Meier, Senate Print 5743, an 21 act to amend the Alcoholic Beverage Control Law. 22 ACTING PRESIDENT KUHL: Senator 23 Holland. 24 SENATOR HOLLAND: Is there a 25 message of necessity at the desk? 7449 1 ACTING PRESIDENT KUHL: There is. 2 SENATOR HOLLAND: Move the 3 message. 4 ACTING PRESIDENT KUHL: The 5 motion is to accept the message of necessity on 6 Calendar Number 1614. 7 All those in favor, signify by 8 saying aye. 9 (Response of "Aye.") 10 Opposed, nay. 11 (There was no response.) 12 The message is accepted. 13 The Secretary will read the last 14 section. 15 SENATOR DOLLINGER: Explanation. 16 ACTING PRESIDENT KUHL: Senator 17 Meier, an explanation of Calendar Number 1614 18 has been requested by Senator Dollinger. 19 SENATOR MEIER: Thank you, Mr. 20 President. Although I was not here last year, 21 members will recall that last year legislation 22 was changed with regard to the brewing industry 23 and its relationship with wholesalers and the 24 nature of the agreements between them. 25 At the time that the Governor 7450 1 approved and signed that bill into law, the 2 message of approval indicated certain concerns 3 expressed mostly on the part of the small native 4 breweries within the state of New York. The 5 bill before the Senate today addresses those 6 concerns. 7 Generally speaking, what it does 8 is in the instance of agreements that are made 9 between a wholesaler and a large national 10 brewery or a limited partnership formed between 11 a wholesaler and a large national brewery or a 12 credit arrangement between them that would 13 result in a concern on the part of smaller 14 native brewers that they might, in effect, be 15 squeezed out of the wholesale market: 16 First, that notice of that change 17 be given so that they can work with the 18 wholesaler to take care of those concerns; 19 Secondly, if the concern becomes 20 realized that they are able, because of that 21 change in the marketing strategy that squeezes 22 out the native smaller brewers, to terminate the 23 agreement. 24 That's broadly speaking what this 25 does. 7451 1 ACTING PRESIDENT KUHL: Senator 2 Dollinger. 3 SENATOR DOLLINGER: If Senator 4 Meier will yield? 5 ACTING PRESIDENT KUHL: Senator 6 Meier, will you yield to a question? 7 SENATOR MEIER: Yes. 8 ACTING PRESIDENT KUHL: The 9 Senator yields. 10 SENATOR DOLLINGER: Senator, I 11 appreciate the intent of this bill, and I have 12 not been through all the text of it, but last 13 year when we did the franchisee wholesalers 14 agreement for the brewing industry, F.X. Matt's 15 and Genesee Brewery were two of the native 16 brewers that you, I think, are referencing, came 17 out in opposition to that bill and led the 18 opposition to that bill, and I voted against 19 that bill because Genesee Brewery is one of the 20 largest employers right in the heart of 21 Rochester, New York. 22 My question is, do you know 23 whether those breweries have had an opportunity 24 to look at this bill and determine a position on 25 it? 7452 1 SENATOR MEIER: Yes, they have. 2 My understanding is that the Matt Brewing 3 Company supports this bill. I do have a letter 4 in my hand from the Vice-President and General 5 Counsel of Genesee, who indicates that his 6 company neither opposes nor supports this bill. 7 SENATOR DOLLINGER: May I just 8 examine that for a second. 9 Mr. President, on the bill. 10 ACTING PRESIDENT KUHL: Senator 11 Dollinger, on the bill. 12 SENATOR DOLLINGER: Mr. 13 President, I'm going to vote in favor of this 14 technical correction. I want to commend Senator 15 Meier and the Governor's office for working to 16 correct some of the deficiencies in the bill 17 last year. The bill last year was largely 18 written for major national wholesalers of beer, 19 and it created, in my judgment, a disincentive 20 for the system to support our native brewing 21 industry and for someone who represents, as I 22 said, 600 employees of the Genesee Brewing 23 Company -- I didn't get a chance to read the 24 whole memo, but it appears as though they have 25 at least taken a position of neutrality and that 7453 1 this bill may improve to some extent the 2 competitive disadvantage that they now have 3 against large national wholesalers. 4 So I'm going to support this, Mr. 5 President. I wish I had actually gotten the 6 memo from Genesee Brewery directly, but I will 7 support this move, and I think it's a good step, 8 and I commend the Governor and Senator Meier and 9 others for working on this problem to make sure 10 that our -- when we try to improve the lot of 11 franchisees, we don't do it at the expense of 12 our own brewing industry. 13 ACTING PRESIDENT KUHL: Is there 14 any other Senator wishing to speak on the bill? 15 Hearing none, the Secretary will 16 read the last section. 17 THE SECRETARY: Section 5. 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 44. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 Senator Holland. 7454 1 SENATOR HOLLAND: Mr. President, 2 can we stand at ease awaiting the report of the 3 Rules Committee, please. 4 ACTING PRESIDENT KUHL: The 5 Senate will stand at ease. 6 (Whereupon, at 2:58 p.m., the 7 Senate was at until 3:04 p.m.) 8 ACTING PRESIDENT KUHL: Senate 9 will come to order. 10 SENATOR HOLLAND: Mr. President. 11 ACTING PRESIDENT KUHL: Senator 12 Holland. 13 SENATOR HOLLAND: Mr. President, 14 do you have some housekeeping? 15 ACTING PRESIDENT KUHL: Yes. 16 We'll return to the order of motions and 17 resolutions. 18 The Chair recognizes Senator 19 Marcellino. 20 SENATOR MARCELLINO: Thank you, 21 Mr. President. On behalf of Senator Larkin, I 22 wish to call up his bill, Print Number 4285A, 23 recalled from the Assembly, which is now at the 24 desk. 25 ACTING PRESIDENT KUHL: The 7455 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Larkin, Senate Print 4285A, an act to amend the 4 General Municipal Law. 5 ACTING PRESIDENT KUHL: Senator 6 Marcellino. 7 SENATOR MARCELLINO: Mr. 8 President, I now move to reconsider the vote by 9 which this bill was passed. 10 ACTING PRESIDENT KUHL: The 11 Secretary will call the roll on reconsideration. 12 (The Secretary called the roll on 13 reconsideration.) 14 THE SECRETARY: Ayes 45. 15 ACTING PRESIDENT KUHL: The bill 16 is before the house. 17 Senator Marcellino. 18 SENATOR MARCELLINO: Mr. 19 President, I now offer the following amendments. 20 ACTING PRESIDENT KUHL: The 21 amendments are received and adopted. 22 SENATOR MARCELLINO: Thank you, 23 sir. 24 ACTING PRESIDENT KUHL: Senator 25 Holland. 7456 1 SENATOR HOLLAND: Mr. President, 2 can we return to the order of standing 3 committees and have a report of the Rules 4 Committee, please. 5 ACTING PRESIDENT KUHL: We'll 6 return to the order of reports of standing 7 committees. 8 The Secretary will read the 9 report of the Rules Committee, which is at the 10 desk. 11 THE SECRETARY: Senator Bruno, 12 from the Committee on Rules, offers up the 13 following bills: 14 Senate Print 95A, by Senator 15 Velella, an act to amend the Insurance Law; 16 Senate Print 1456A, by Senator 17 Kuhl, an act to amend the Alcoholic Beverage 18 Control Law; 19 Assembly Print 7548, by the 20 Committee on Rules, an act to amend the Tax Law; 21 Senate Print 5531, by the 22 Committee on Rules, an act to amend Section 564 23 of the Laws of 1970; 24 2808, by Senator Montgomery, an 25 act to authorize the city of New York; 7457 1 5358B, by Senator Wright, an act 2 to amend the County Law; 3 5485A, by Senator Marcellino, an 4 act to amend the Environmental Conservation Law; 5 5632, by the Committee on Rules, 6 an act to amend the Tax Law; 7 5710, by Senator Velella, an act 8 to amend the Penal Law; 9 5744, by Senator Johnson, an act 10 to amend the Insurance Law; 11 5754, by Senator Velella, an act 12 to amend the Insurance Law; and 13 5771, by Senator Saland, an act 14 to amend the Social Services Law. 15 All bills directly for third 16 reading. 17 ACTING PRESIDENT KUHL: Senator 18 Holland. 19 SENATOR HOLLAND: Mr. President, 20 I move we accept the report of the Rules 21 Committee. 22 ACTING PRESIDENT KUHL: The 23 motion is to accept the report of the Rules 24 Committee. 25 All those in favor, signify by 7458 1 saying aye. 2 (Response of "Aye.") 3 Opposed, nay. 4 (There was no response.) 5 The Rules Report is accepted. 6 Bills are ordered directly to 7 third reading. 8 Senator Holland. 9 SENATOR HOLLAND: Mr. President, 10 can we do the Supplemental Calendar 65A, the 11 noncontroversial reading, please. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the noncontroversial reading 14 of Supplemental Calendar 65A, which is on the 15 members' desks together with the bills. 16 THE SECRETARY: Calendar Number 17 233, by Senator Velella, Senate Print 95A, an 18 act to amend the Insurance Law. 19 ACTING PRESIDENT KUHL: The 20 Secretary 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.) 7459 1 THE SECRETARY: Ayes 45. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 876, Senator Kuhl moves to 6 discharge from the Committee on Rules Assembly 7 Print 1524A and substitute it for the identical 8 Senate bill, Third Reading 876. 9 ACTING PRESIDENT KUHL: The 10 substitution is ordered. The Secretary will 11 read the title. 12 THE SECRETARY: Calendar Number 13 876, by Member of the Assembly Matusow, Assembly 14 Print 1524A, an act to amend the Alcoholic 15 Beverage Control Law. 16 ACTING PRESIDENT KUHL: The 17 Secretary 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 45. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 7460 1 THE SECRETARY: Calendar Number 2 896, by the Assembly Committee on Rules, 3 Assembly Print 7548, an act to amend the Tax 4 Law. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. 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 45. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1353, by the Committee on Rules, Senate Print 17 5531, an act to amend Section 564 of Chapter 170 18 of the Laws of 1994. 19 ACTING PRESIDENT KUHL: The 20 Secretary 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.) 7461 1 THE SECRETARY: Ayes 45. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1615, by Senator Montgomery, Senate Print 2808, 6 an act to authorize the city of New York to 7 reconvey its interest. 8 ACTING PRESIDENT KUHL: There is 9 a home rule message at the desk. 10 The Secretary will read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 45. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1617, by Senator Wright, Senate Print 5358B, an 22 act to amend the County Law. 23 ACTING PRESIDENT KUHL: There is 24 a home rule message at the desk. 25 The Secretary will read the last 7462 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 45. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 1618, Senator Marcellino moves 12 to discharge from the Committee on Rules 13 Assembly Print 7909C and substitute it for the 14 identical Senate print, Third Reading 1618. 15 ACTING PRESIDENT KUHL: 16 Substitution is ordered. The Secretary will 17 read the title. 18 THE SECRETARY: Calendar Number 19 1618, by the Assembly Committee on Rules, 20 Assembly Print 7909C, an act to amend the 21 Environmental Conservation Law. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 7463 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 45. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1619, Senator Bruno moves to 9 discharge from the Committee on Rules Assembly 10 Print 8340 and substitute it for the identical 11 Senate bill, Third Reading 1619. 12 ACTING PRESIDENT KUHL: 13 Substitution is ordered. Secretary will read 14 the title. 15 THE SECRETARY: Calendar Number 16 1619, by the Assembly Committee on Rules, 17 Assembly Print 8340, an act to amend the Tax 18 Law. 19 ACTING PRESIDENT KUHL: The 20 Secretary 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.) 7464 1 THE SECRETARY: Ayes 45. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1620, by Senator Velella, Senate Print 5710, an 6 act to amend the Penal Law. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect on the 1st day of 11 November. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 45. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1621, by Senator Johnson, Senate Print 5744, an 20 act to amend the Insurance Law. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the same date as a 25 chapter of the laws of 1997. 7465 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 45. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1622, by Senator Velella, Senate Print 5754, an 9 act to amend the Insurance Law. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 8. This 13 act shall take effect in 90 days. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 45. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: For the benefit 21 of the members, Calendar Number 1623 is high. 22 There is no message at the desk. So the bill 23 has to be laid aside. 24 Senator Holland, that completes 25 the reading of the noncontroversial Supplemental 7466 1 Calendar No. 65A. 2 SENATOR HOLLAND: Mr. President, 3 can we stand at ease awaiting the report of the 4 Judiciary Committee. 5 ACTING PRESIDENT KUHL: The 6 Senate will stand at ease awaiting the report of 7 the Judiciary Committee. 8 (Whereupon, at 3:12 p.m., the 9 Senate was at ease until 4:07 p.m.) 10 ACTING PRESIDENT KUHL: Senate 11 will come to order. I ask the members to find 12 their places, staff to find their places. 13 Senator Holland. 14 SENATOR HOLLAND: Mr. President, 15 may we return to reports of standing committees 16 for a report of Judiciary Committee, please. 17 ACTING PRESIDENT KUHL: Return to 18 the order of reports of standing committees. 19 There is a report of the Judiciary Committee at 20 the desk. 21 I'll ask the Secretary to read 22 it. 23 THE SECRETARY: Senator Lack, 24 from the Committee on Judiciary, offers up the 25 following nominations: 7467 1 As a Judge of the Family Court of 2 Nassau County, Richard S. Lawrence, of Merrick. 3 ACTING PRESIDENT KUHL: Senator 4 Lack. 5 SENATOR LACK: Thank you, Mr. 6 President. 7 I rise to move the nomination of 8 Richard S. Lawrence of Merrick as a Judge of the 9 Family Court of Nassau County. Mr. Lawrence 10 appeared before the Committee on Judiciary 11 today. His credentials have been looked at by 12 the staff of the committee. He appeared before 13 the committee which has unanimously moved - 14 moved him to the floor. 15 I would like if I could, before 16 yielding to Senator Tully, to say a word on 17 behalf of our colleague, Senator Norman Levy, 18 who called me yesterday to talk about his very 19 longtime friend Richard Lawrence, who has served 20 as a counsel on his staff and has been a close 21 and intimate friend of his for many years. 22 Senator Levy, of course, 23 regretted not being able to be here on the floor 24 today so that he himself could stand and say how 25 well he thought of this appointment and to thank 7468 1 the Governor on his behalf -- Senator Levy's 2 behalf -- for the appointment of Mr. Lawrence to 3 the bench, and that he considered -- Senator 4 Levy did -- Mr. Lawrence's experience, his 5 demeanor, his close ties to a variety of 6 community organizations in Nassau County to be 7 of such great extent that he more than welcomed 8 the appointment and is just sorry that he can't 9 be here today personally to stand and say that 10 himself. 11 So on behalf of both myself and 12 Senator Levy, I would most respectfully yield to 13 Senator Mike Tully for purposes of a second. 14 ACTING PRESIDENT KUHL: Chair 15 recognizes Senator Tully, on the nomination. 16 SENATOR TULLY: Thank you, Mr. 17 President. 18 I'd like to take the opportunity 19 to congratulate the Governor on his fine 20 nomination of Richard Lawrence to be a Judge of 21 the Family Court in Nassau County. I've known 22 Richard since he was a very, very young man. He 23 holds his age very well. I wish I could say the 24 same, and I'd like all to know that Richard 25 comes from a judicial family. His father's a 7469 1 judge, and was one of my early neighbors when I 2 first moved into the county. He was very 3 helpful to me as a young attorney. 4 And in Richard's case, he comes 5 with all of the qualifications that one would 6 want in a member of the judiciary. He is 7 well-schooled. He is very, very intelligent. 8 He has judicial temperament, and beyond all 9 that, he has been very, very active in his 10 community. He has worked very actively in his 11 bar association. He has been involved in the 12 grievance committee of the bar association and 13 involved in the grievance committee of the 14 Appellate Division. 15 I think all of us will be served 16 by this nomination. I am privileged to be here 17 to confirm it today. 18 Thank you, Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Marcellino, on the nomination. 21 SENATOR MARCELLINO: Thank you, 22 Mr. President. 23 I have known Richard Lawrence for 24 many, many years. As a former teacher, I've had 25 a lot of dealings with people involved in Family 7470 1 Court, and I can think of no better person with 2 no better temperament to go into that very 3 difficult situation and do it with intelligence, 4 common sense and just the right touch of 5 caring. Dick will be a fine addition to the 6 Court. 7 Congratulations and Godspeed to 8 you. 9 ACTING PRESIDENT KUHL: Senator 10 Skelos, on the nomination. 11 SENATOR SKELOS: Mr. President, 12 thank you. 13 I would like to join my 14 colleagues from Nassau County in congratulating 15 you, Rick, on this appointment. 16 I've had the opportunity to 17 attend numerous functions with you over the 18 years as you have represented Senator Levy in 19 such a fine way. I know that this is a very 20 special day for Norman with you being confirmed 21 as a judge of the Nassau County Family Court, 22 and I know Norman is at home with Joy right now, 23 smiling, and thanking the Governor for this 24 nomination. 25 Congratulations. 7471 1 ACTING PRESIDENT KUHL: Is there 2 any other Senator wishing to speak on the 3 nomination? 4 Hearing none, the question is on 5 the nomination of Richard S. Lawrence of 6 Merrick, New York, to become a Judge of the 7 Family Court of Nassau County. 8 All those in favor of the 9 nomination, signify by saying aye. 10 (Response of "Aye.") 11 Opposed, nay. 12 (There was no response.) 13 The nominee is unanimously 14 confirmed. 15 We are very, very pleased to have 16 Mr. Lawrence with us in the chamber in the 17 gallery on your left. He is joined with his 18 wife, Ronnie; son, Kyle; and friends John Ward, 19 Mr. Chin, Marge and George Leibowitz. 20 If you would rise, please, and be 21 recognized by the chamber, I know they wish you 22 all well. 23 (Applause.) 24 The Secretary will continue to 25 read. 7472 1 THE SECRETARY: As a judge of the 2 Family Court of Suffolk County, Ettore A. 3 Simeone, of Islip Terrace. 4 ACTING PRESIDENT KUHL: Senator 5 Lack. 6 SENATOR LACK: Thank you, Mr. 7 President. 8 I rise to move the nomination of 9 Ettore A. Simeone of Islip Terrace, who has been 10 nominated by the Governor as a judge of the 11 Suffolk County Family Court. 12 "Et", as he is known universally 13 to everyone, has had his credentials vetted by 14 the staff of the Senate Judiciary Committee. He 15 appeared before the committee just before, about 16 a half hour ago and was unanimously confirmed 17 and his nomination moved to the floor of the 18 Senate. 19 Et Simeone is currently principal 20 Law Clerk to Supreme Court Justice Pat Leis, and 21 in that capacity he works in the -- by 22 designation, that is, Justice Leis, as the 23 Article 81 Judge for Suffolk County. 24 For those of you who do not 25 remember, Article 81, of course, is the 7473 1 guardianship article and requires some of the 2 most complex legal and nonlegal maneuvers by 3 anybody who is attached to that part. It also 4 requires that you have to have a demeanor equal 5 to that of Job. You have to be able to take 6 what are ordinary occurrences for any of us and 7 put it into the complexion of Article 81 and the 8 requirements attached thereto. 9 I can't think of a better 10 appointment the Governor can make to Family 11 Court of Suffolk County than somebody like Et 12 Simeone, who has spent years of doing just that, 13 being able to take the ordinary, put it into the 14 complex requirements of our legal system, and 15 make sure that people come out of it whole. If 16 there is a better definition for how to become a 17 Family Court Judge, I don't know it. 18 I'm not going to go on too much 19 longer because I know Senator Trunzo has a few 20 remarks he'd like to make to second the 21 nomination. 22 But, Et, I'd like to offer you my 23 congratulations and the Governor for appointing 24 you for this nomination and wish you great 25 success in our Family Court in Suffolk County. 7474 1 And, Mr. President, I would most 2 respectfully yield to Senator Trunzo. 3 ACTING PRESIDENT KUHL: The Chair 4 recognizes Senator Trunzo, on the nomination. 5 SENATOR TRUNZO: Thank you, Mr. 6 President. 7 Senator Lack, you took my speech 8 away. I have known Et Simeone for many years, 9 and even though his name is Ettore, there's not 10 too many people who understand what that is, but 11 it's a good old Italian name. But Et Simeone 12 has been a friend and a very dedicated 13 individual and, as Senator Lack pointed out, he 14 has been the principal law clerk for Supreme 15 Court Justice Patrick Leis. 16 But prior to that, he was also, 17 for eight years, an assistant district attorney 18 of Suffolk County, and he served in the Felony 19 Trial Bureau as well as the Rackets Bureau, 20 among many others, and also had been in private 21 practice working very much on matrimonial and 22 Family Court items. 23 He has spent quite a bit of his 24 time active in the community. He's a very 25 active individual, having belonged to many, many 7475 1 organizations -- community organizations as well 2 as professional organizations, such as East 3 Islip Soccer League, East Islip Little League, 4 Knights of Columbus, Sons of Italy, and many of 5 the other organizations, professional 6 organizations within the law practice. 7 He is highly respected by his 8 peers, and he has done an outstanding job, and I 9 would like to really commend the Governor for 10 making this appointment for Et Simeone to be 11 Family Court Judge. 12 And with that, I wish you lots of 13 luck, Et. I'm sure you will do a great job. 14 ACTING PRESIDENT KUHL: Chair 15 recognizes Senator LaValle on the nomination. 16 SENATOR LAVALLE: Thank you, Mr. 17 President. I, too, rise to commend the Governor 18 in this nomination, and I think we can't say 19 enough. The Family Court is a difficult court 20 and it requires that the judge have the kind of 21 temperament, have the kind of concern in dealing 22 with young people. 23 Et has always been involved in 24 his community from the time he was in high 25 school, college and into this very time, and I 7476 1 think that being a father of five children also 2 will be very, very helpful in making him a 3 sensitive judge in a court that requires 4 sensitivity and a steady hand. 5 Congratulations to Et and his 6 family. 7 ACTING PRESIDENT KUHL: Senator 8 Johnson, on the nomination. 9 SENATOR JOHNSON: Mr. President, 10 I would like to also rise to commend the 11 Governor on this very fitting nomination. 12 Certainly, you have heard of the 13 background of this candidate from Senator Lack 14 and Senator Trunzo, but I can tell you that I've 15 been privileged to know his family, I guess, 16 perhaps before he was born or just about that 17 time and other relatives of his, and realize 18 that here's a young fellow who went to school in 19 West Babylon like many others -- North Babylon, 20 next to our community of West Babylon -- took 21 advantage of every opportunity, was active in 22 his schools, got very good grades, got to 23 college, very good education, working, had 24 positions even while he was going to college, 25 and he worked himself up to a position where now 7477 1 he's a very well respected lawyer, has a 2 wonderful wife, Terry, a family. In fact, his 3 mother is with him. 4 This is really the American 5 success story, and I just tell you I rise to say 6 I'm very proud to know this young man and -- not 7 a young man any more -- middle-aged man, but to 8 see what he's made of his life and he's a great 9 example to others, his family and others in the 10 community and in the State of New York that you 11 can make what you want of yourself, and I'm just 12 proud that he has achieved this estimable 13 position that we can be here to nominate - 14 confirm his nomination, rather, today. 15 ACTING PRESIDENT KUHL: Senator 16 Marcellino on the nomination. 17 SENATOR MARCELLINO: Thank you, 18 Mr. President. 19 I rise also to commend the 20 Governor on this very excellent appointment. 21 About 40 percent of my district runs into 22 Suffolk County, and I am relatively the new kid 23 on the block with the representation of Suffolk, 24 but ever since the first day, Et's name has been 25 spoken of and spoken of highly. 7478 1 He is a good person, a community 2 activist, well-known in the neighborhood, 3 well-known in Suffolk County, and well-known for 4 his ability to show common sense and caring with 5 respect to his judicial decisions. 6 So I'm pleased and proud that Et 7 will be representing us on the Family Court. 8 And, again, it's a difficult court and needs the 9 kind of people with the kind of temperament and 10 attitude that Et has. 11 So congratulations and Godspeed. 12 ACTING PRESIDENT KUHL: Is there 13 any other Senator wishing to speak on the 14 nomination? 15 Hearing none, the question is on 16 the nomination of Ettore A. Simeone, of Islip 17 Terrace, to become a judge of the Family Court 18 of Suffolk County. 19 All those in favor of the 20 nomination, signify by saying aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (There was no response.) 24 The nominee is unanimously 25 confirmed. 7479 1 We're very pleased to have Judge 2 Simeone with us in the chamber to your left, 3 together with his wife, Terry; their five 4 children, Joanne, Alfred, Michael, Mark and 5 Matthew; his mother, Josephine; and friends Pat 6 and Marcia Cursio and Ken and Lauren Auerbach. 7 Judge, if you will rise and be 8 recognized. 9 Congratulations. 10 (Applause.) 11 Secretary will continue to read. 12 THE SECRETARY: As a Justice of 13 the Supreme Court, Second Judicial District, 14 Vasilios C. Arniotes, of Brooklyn. 15 ACTING PRESIDENT KUHL: Senator 16 Lack. 17 SENATOR LACK: Thank you, Mr. 18 President. 19 I rise to move the nomination of 20 Vasilios Arniotes, of Brooklyn, as a judge of 21 the Supreme Court from Kings County. 22 The judge appeared before the 23 committee this afternoon. His credentials have 24 been examined. The committee unanimously moved 25 the nomination to the floor. 7480 1 I will yield to Senator Connor, 2 but I have to say just in passing that with this 3 nomination, when we checked his credentials, it 4 was the unanimous comment of everybody we spoke 5 to, regardless of any political affiliation, in 6 Kings County, that this is one of the most 7 dignified and one of the best judges that have 8 served in that county, and we were asked to move 9 this nomination as soon as possible having 10 received it from the Governor, and I'm most 11 happy to do so, and I would most respectfully 12 yield to Senator Connor for purposes of a 13 second. 14 ACTING PRESIDENT KUHL: The Chair 15 recognizes Senator Connor, on the nomination. 16 SENATOR CONNOR: Thank you, Mr. 17 President. 18 This, indeed, is my, I guess, 19 20th session in this body, and I can truly say 20 that today seconding the nomination of Judge 21 "Billy" Arniotes is indeed about the proudest 22 thing I've done. I've had other friends, 23 acquaintances, people I thought very, very 24 highly of, from my district, from Brooklyn, 25 appear before this body in nomination for 7481 1 various offices and for judicial office, but I 2 can truly say I am so proud, so delighted, that 3 the Governor has made this appointment and, as 4 Senator Lack said, by virtue of he and his staff 5 calling, as they do, numerous people and bar 6 associations on the bench, in and out of the 7 legal profession, I can assure you, Senator 8 Lack, from my many years of personal 9 acquaintanceship and friendship with Judge 10 Arniotes, that what you have found out is indeed 11 true. 12 He is one of the finest gentlemen 13 I have had the privilege of ever knowing in my 14 time in Brooklyn, in politics and community 15 activities. 16 Judge Arniotes is a graduate of 17 St. John's University School of Law, as are so 18 many other distinguished lawyers in this body 19 and in our state. He has had a long, long 20 career in public service in the court system as 21 a law secretary to several justices. He was 22 once the president of the Association of Law 23 Secretaries. He has rendered distinguished 24 service in the Estate Tax Part of the Estate 25 Taxation; and I was privileged some years ago, 7482 1 certainly, before he took the bench to be 2 closely associated with Judge Arniotes on 3 several cases where we defended truth, justice, 4 and the Democratic organization in the 5 courthouses of Brooklyn and New York City. 6 And the one thing -- you know, a 7 lot of things -- a lot of things go into making 8 a superb judge, certainly intellect, education, 9 background, but I've found over the years, as a 10 lawyer and as a public official appearing before 11 many judges and knowing many judges, that the 12 most important ingredient in the topmost 13 respected and excellent judges are elements of 14 character, are old virtues like patience, a 15 kindly manner, the ability to listen well, to 16 convey to litigants, lawyers and others, your 17 genuine concern for being fair, for upholding 18 the law and being fair. And there are many, 19 many judges who are fair, but they don't quite 20 get the message out as to why they are doing 21 what they do and convey that kind of concern for 22 fairness. 23 Judge Arniotes has those -- has 24 to perfection those qualities of character and 25 temperament which make him one of the finest 7483 1 judges, I think, that has ever served in Kings 2 County. 3 I'm delighted that the Governor, 4 looking across partisan lines -- and I 5 congratulate the Governor because, as I said 6 before, Judge Arniotes is a Democrat but, while 7 a loyal Democrat, was never one who regarded 8 people in other political parties as enemies - 9 merely adversaries, merely people with whom he 10 disagreed, but certainly always to be respected 11 and as he respects and conveys that respect to 12 the lowliest litigants who appear before him, to 13 the people who work for him in and around the 14 courts and to the lawyers who appear before him. 15 And I know he will go on now 16 to -- he's been an Acting Justice of the Supreme 17 Court. He will continue his distinguished - 18 distinguished judicial career as a Justice of 19 the Supreme Court, and I am just truly delighted 20 on a personal basis. He is just a wonderful, 21 wonderful man. 22 He has served on the community 23 board. He has been involved in community 24 activities. He is, indeed, one of our finest 25 citizens we are privileged to have in the County 7484 1 of Kings. 2 I might note he has also been an 3 instructor in continuing education programs. He 4 continues to do that in Kingsborough Community 5 College. He renders that kind of service. We 6 were once privileged in the Legislature to have 7 his services as attorney to several legislative 8 committees. He is an active parishioner and 9 legal advisor to his church, and he is a family 10 man, wonderful wife and five children, and he 11 makes wonderful -- where is Senator Skelos? He 12 makes wonderful souvlaki. He's just a man of 13 many, many talents and superb grace. 14 Mr. President, I'm so delighted 15 to move the confirmation of Judge "Billy" 16 Arniotes of the County of Kings. 17 ACTING PRESIDENT KUHL: Senator 18 Smith, on the nomination. 19 MR. SMITH: Thank you, Mr. 20 President. 21 I, too, am delighted to be able 22 to second the nomination of Judge "Billy" 23 Arniotes. It is not often that you have the 24 privilege of seconding the nomination of someone 25 who has played an important role in your life, 7485 1 and I truly would not be standing here today if 2 it were not for Judge Arniotes. 3 He truly exemplifies all of the 4 things that our astute leader, Senator Connor, 5 has stated. He has a judicial temperament. He 6 is kind. He is generous and he listens, and I 7 believe that, as a judge, listening is one of 8 the most important ingredients. 9 I, too, convey my thanks to the 10 Governor for making such a wise choice, and I 11 thank each and every one of you on the committee 12 for voting for him and making this day possible, 13 for he truly deserves it and he will make each 14 and every one of us proud of him. 15 Thank you. 16 ACTING PRESIDENT KUHL: Senator 17 Marchi, on the nomination. 18 SENATOR MARCHI: Thank you. 19 Mr. President. Senator Lack has 20 presided over many discussions and meetings of 21 the committee where we had candidates present; 22 and for multiple reasons, I don't think that we 23 ever had a meeting that so reflected a kind of 24 warmth that three candidates developed. 25 I had both Judge Arniotes and 7486 1 Senator Connor as my constituents way, way back, 2 but he is six years my junior, Mr. President, so 3 he has a lot of qualities there that will serve 4 him in good stead. He enjoys that deep respect 5 and esteem with which he is held in his county. 6 And if there is such a thing, I 7 guess I'm an Arniotes Republican; and I'm most 8 pleased that the Governor has given us three 9 fine nominations, and, certainly, based on the 10 length of experience that I have had knowing him 11 -- Judge Arniotes -- I feel especially pleased 12 and honored to see him receive this nomination 13 and the acclaim with which and the impact it 14 made on those who attended and those who 15 listened to Senator Connor's fine development of 16 his background. 17 So I'm very delighted to be part 18 of this experience, Judge. 19 ACTING PRESIDENT KUHL: Is there 20 -- Senator Sampson, on the nomination. 21 SENATOR SAMPSON: I would like to 22 take this opportunity to thank the Governor for 23 nominating Judge Arniotes to the Supreme Court. 24 Within the last year I had an 25 opportunity and throughout my six years of 7487 1 practicing law, I had an opportunity to appear 2 before Judge Arniotes, and his judicial 3 temperament is second to none. 4 One thing, as Senator Smith said, 5 he is a man who listens. On numerous occasions, 6 I had cases before him. He cut to the chase, 7 and I had an opportunity to really learn my 8 lawyering skills from Judge Arniotes. 9 And, once again, I want to thank 10 the Governor for nominating Judge Arniotes. 11 Thank you. 12 ACTING PRESIDENT KUHL: Is there 13 any other Senator wishing to speak on the 14 nomination? 15 Senator Kruger, on the 16 nomination. 17 SENATOR KRUGER: Mr. President. 18 It gives me great privilege this afternoon to 19 rise in support of this nomination. 20 I have known "Billy" both 21 professionally and personally for the better 22 part of 20 years. He's been an honest, 23 forthright, decent human being, an asset to the 24 bench, a caring and compassionate community 25 leader, involved in his church, committed to 7488 1 noble causes, and it's, I think, a privilege 2 that we today have the community to confirm 3 "Billy" Arniotes as a Judge of the Supreme 4 Court, and I know that he will add not only the 5 professionalism that has become a hallmark in 6 his chambers but more particularly the 7 compassion, the caring, the understanding, and 8 the decency, that we so look for and that we so 9 need in the Supreme Court today. 10 ACTING PRESIDENT KUHL: Any other 11 Senators wishing to speak on the nomination? 12 Hearing none, the question is on 13 the nomination of Vasilios - 14 Senator Markowitz? 15 SENATOR MARKOWITZ: The only 16 thing I might say - 17 ACTING PRESIDENT KUHL: From the 18 left chamber. 19 SENATOR MARKOWITZ: -- to the 20 Judge, if I may, is Kali Tee-hee. 21 Thank you very much. 22 ACTING PRESIDENT KUHL: The 23 question is on the nomination of Vasilios C. 24 Arniotes of Brooklyn, New York, to become a 25 Justice of the Supreme Court in the Second 7489 1 Judicial District. 2 All those in favor of the 3 nomination signify by saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response.) 7 The nominee is unanimously 8 confirmed. 9 We're very, very pleased to have 10 Judge Arniotes with us in the chamber in the 11 gallery to your left. He is accompanied by his 12 wife, Kate, and also Nick and Ann Marie 13 Clemente. 14 If you would please acknowledge 15 Judge Arniotes. 16 (Applause.) 17 Senator Holland. 18 SENATOR HOLLAND: Mr. President, 19 could we stand at ease, please. 20 ACTING PRESIDENT KUHL: Senator 21 Dollinger. 22 SENATOR DOLLINGER: Before we 23 stand at ease, Mr. President, may I have 24 unanimous consent to be recorded in the negative 25 on two bills? I was in the Judiciary Committee 7490 1 when we considered Calendar Number 896, Assembly 2 Bill 7548. I would ask to be recorded in the 3 negative on that bill as well as, Mr. President, 4 Calendar Number 1619, Senate Bill 5632. I would 5 ask to be recorded in the negative on that, as 6 well. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, Senator 9 Dollinger will be recorded in the negative on 10 Calendar Number 896 and also Calendar Number 11 1619. 12 Senator Gentile, why do you 13 rise? 14 SENATOR GENTILE: Yes, Mr. 15 President, thank you. I also ask unanimous 16 consent to be recorded in the negative also on 17 Calendar Numbers 896 and 1619. 18 ACTING PRESIDENT KUHL: Without 19 objection, hearing no objection, Senator Gentile 20 will be recorded in the negative on Calendar 21 Number 896 and Calendar Number 1619. 22 Senate will stand at ease. 23 (Whereupon, at 4:55 p.m., the 24 Senate was at ease.) 25 ACTING PRESIDENT KUHL: Senate 7491 1 will come to order. 2 The Chair recognizes Senator 3 Skelos. 4 SENATOR SKELOS: Mr. 5 President. The Senate will stand in recess 6 until 8:00 p.m., and I believe Senator Paterson 7 has an announcement, also. 8 ACTING PRESIDENT KUHL: Senator 9 Paterson. 10 SENATOR PATERSON: Mr. 11 President, there will be a Minority Conference 12 in the Minority Conference Room, which seems 13 appropriate, at 7:30 this evening. 14 ACTING PRESIDENT KUHL: There 15 will be a Minority Conference in the Minority 16 Conference Room 7:30 this evening. 17 SENATOR PATERSON: Sharp. 18 ACTING PRESIDENT KUHL: The 19 Senate stands in recess until 8;00 p.m. this 20 evening, sharp. 21 (Whereupon, at approximately 22 6:00 p.m., the Senate was in recess.) 23 (The Senate reconvened at 9:07 24 p.m.) 25 ACTING PRESIDENT KUHL: The 7492 1 Senate will come to order. 2 The Chair recognizes Senator 3 Larkin. 4 SENATOR LARKIN: Mr. 5 President, there will be an immediate meeting of 6 the Finance Committee in room 332. 7 ACTING PRESIDENT KUHL: 8 Immediate meeting of the Finance Committee, 9 immediate meeting of the Finance Committee in 10 the Majority Conference Room, Room 332. Senate 11 stands at ease. 12 (The Senate stood at ease from 13 9:08 p.m. To 9:31 p.m.) 14 ACTING PRESIDENT KUHL: The 15 Senate will come to order. Members will take 16 their chairs, staff take their place. 17 The Chair recognizes Senator 18 Skelos. 19 SENATOR SKELOS: Mr. 20 President, if we can return to reports of 21 standing committees, I believe there's a report 22 of the Finance Committee at the desk. I ask 23 that it be read. 24 ACTING PRESIDENT KUHL: There 25 is. We'll return to the order of reports of 7493 1 standing committees. The Secretary will read 2 the report of the Finance Committee which is at 3 the desk. 4 THE SECRETARY: Senator 5 Stafford, from the Committee on Finance, offers 6 up the following bills: 7 Senate Print 704B, budget 8 bill, an act making appropriations for the 9 support of government; 10 Senate Print 5783, by the 11 Committee on Rules, an act in relation to 12 appropriations made by the Chapters of the Laws 13 of 1997 enacting the Public Protection, Health, 14 and Mental Hygiene budgets; 15 Senate Print 5784, by the 16 Committee on Rules, an act to amend the Military 17 Law. 18 All bills directly for third 19 reading. 20 ACTING PRESIDENT KUHL: 21 Senator Skelos. 22 SENATOR SKELOS: Move to 23 accept the Report of the Finance Committee. 24 ACTING PRESIDENT KUHL: Motion 25 is to accept the report of the Finance 7494 1 Committee. 2 All in favor signify by saying 3 aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response.) 7 The report is accepted. The 8 bills are ordered directly for third reading. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. 11 President, would you call up Calendar Number 12 1624. 13 ACTING PRESIDENT KUHL: 14 Secretary will read the title of Calendar Number 15 1624, a copy of which is on the members' desks. 16 THE SECRETARY: Calendar 17 Number 1624, Senate Print 704B, Budget Bill, an 18 act making appropriations for the support of 19 government. 20 ACTING PRESIDENT KUHL: 21 Senator Skelos. 22 SENATOR SKELOS: Mr. 23 President, is there a message of necessity and 24 appropriation at the desk? 25 ACTING PRESIDENT KUHL: There 7495 1 is. 2 SENATOR SKELOS: Move to 3 accept. 4 ACTING PRESIDENT KUHL: 5 Motion is to accept the message of necessity on 6 calendar 1624. 7 All in favor signify by saying 8 aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (Response of "Nay.") 12 The message is accepted. 13 Secretary will read the last 14 section. 15 THE SECRETARY: Section 2. 16 This act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call 18 the roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes - 22 ACTING PRESIDENT KUHL: 23 Senator Dollinger, to explain his vote. 24 SENATOR DOLLINGER: Mr. 25 President, I just rise -- I know that the hour 7496 1 is late. This is not the time, perhaps, to 2 dissect this enormous bill and the implications 3 that it has for the state. I rise just to 4 recognize one part of it and that is for the 5 Temporary State Commission on Lobbying, which is 6 going to be extended for two years, an issue 7 that we should have spent time taking a good 8 look at this year. 9 The Temporary State Commission 10 seems to go on and on and we seem to all be 11 satisfied to have a toothless tiger acting in 12 the public interest to try to determine the 13 relationship between elected government and the 14 vast amounts of money that support its election 15 campaigns, and it seems to me that this is a 16 time we should have spent taking a little time 17 to find out what the future of lobbying should 18 be and how we should do it. It's put off for 19 two years. It's convenient, I guess, for 20 everyone involved, it gets us through another 21 election cycle, both for statewide office and 22 for ourselves. 23 This may be in someone's 24 interests, but it's clearly not in the public's 25 interests. 7497 1 ACTING PRESIDENT KUHL: 2 Senator Dollinger, how do you vote? 3 SENATOR DOLLINGER: No. 4 ACTING PRESIDENT KUHL: 5 Senator Dollinger will be recorded in the 6 negative. 7 Senator Stafford, to explain 8 his vote. 9 SENATOR STAFFORD: Mr. 10 President, I tend to sometimes not say enough, 11 on the floor, that is. I can't let this 12 document be voted upon without sharing with 13 everyone that a tremendous amount of work went 14 into this. The Majority Leader and the staff 15 and countless members are to be complimented; 16 the Speaker, his staff, countless members are to 17 be complimented, and the Governor and his 18 people. 19 I, again, want to share on a 20 positive note that as the Majority Leader said 21 the other day when we were discussing the 22 budget, he said, "I want to be very clear and 23 make sure every one of you know that everything 24 you want in here isn't here;" and we all know 25 that, and, in a state like this, it's impossible 7498 1 to have everything that we want. 2 However, I would be remiss if 3 I did not say that some major decisions were 4 made in this budget and all of us have our 5 districts and I would be remiss if I didn't 6 thank the Majority Leader, the Governor and the 7 Speaker and all here in the Legislature for some 8 decisions that were made, and I think you all 9 know what I'm talking about. 10 I compliment all the staff; 11 they've worked tirelessly. I don't mean to 12 overdo this, but I think it should be said. I 13 don't apologize for the work that's done here, 14 I'm very proud of it. I, too, would maybe like 15 to have things on a bit of a different date, but 16 I think sometimes that's overdone when we talk 17 about exactly when something should be done. 18 With that, Mr. President, I 19 vote aye. 20 ACTING PRESIDENT KUHL: 21 Senator Stafford will be recorded in the 22 affirmative. 23 Senator Gold, how do you vote? 24 SENATOR GOLD: Thank you, Mr. 25 President. Are we on a roll call? 7499 1 ACTING PRESIDENT KUHL: We're 2 on a roll call. 3 SENATOR GOLD: That's great 4 news. I just wanted to explain my vote very 5 briefly and say -- and Senator Stafford said 6 that there are some positive things, and there 7 are; and while I'm critical sometimes of the 8 Majority Leader, I will say this: He has my 9 congratu- lations for having the guts not to put 10 out the Governor's budget for seven months and, 11 along with the rest of the members of the 12 Senate, rejecting the Governor's budget. 13 We should all understand that 14 the Governor's original budget of 32.8 of 15 general funds was corrected by the Governor in 16 February to 32.9; and while some people were 17 critical of the Assembly's attempt to spend more 18 money, the final budget that we are passing, God 19 willing, today, is 34.5 and more money than the 20 Assembly was talking about. 21 Now, it's not only a question 22 of spending the money. I think what's important 23 is that everyone here should understand that the 24 750 million of school aid dollars that, if it 25 wasn't for us, wouldn't be going to the schools. 7500 1 Certainly it wasn't because of the Governor 2 because he didn't have it in there. And there's 3 51 million in local government aid which, thanks 4 to the Assembly and to us, is going out to local 5 governments, no thanks to the Governor, it 6 wasn't in his budget. If we passed his budget, 7 it wouldn't be in there. 8 There's 275 million in SUNY 9 and CUNY and TAP aid that's going to help our 10 youngsters go to college, no thanks to the 11 Governor. I guess the Medicaid figure is about 12 a billion. 13 And, the bottom line of it all 14 is that I'm very proud of the fact that we did 15 not pass a budget on time, if it had to be the 16 Governor's budget. 17 There is a lady who wrote a 18 letter to the editor of the Daily News and I'm 19 going to write a letter back to her where she 20 says if we don't pass a budget, we shouldn't get 21 paid. And madam, if you're listening, I earned 22 my money by holding out to get a budget that 23 takes care of people. The Governor didn't do 24 it. Thank God we have a Legislature. 25 I vote yes. 7501 1 ACTING PRESIDENT KUHL: 2 Senator Gold will be recorded in the 3 affirmative. 4 Announce the results 5 THE SECRETARY: Ayes 56, nays 6 one, Senator Dollinger recorded in the negative. 7 ACTING PRESIDENT KUHL: 8 Senator Leichter also in the negative. 9 SENATOR LEICHTER: Yes, sir. 10 THE SECRETARY: Excuse me. 11 ACTING PRESIDENT KUHL: 12 Senator Leichter recorded in the negative also. 13 THE SECRETARY: Also Senator 14 Leichter. Ayes 55, nays 2, Senators Dollinger 15 and Leichter recorded in the negative. 16 ACTING PRESIDENT KUHL: The 17 bill is passed. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. 20 President, would call up Calendar Number 1625. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the title. 23 THE SECRETARY: Calendar 24 Number 1625, by the Committee on Rules, Senate 25 Print 5783, an act in relation to certain 7502 1 revisions which would impact upon expenditures 2 of certain appropriations. 3 SENATOR SKELOS: Is there a 4 message of necessity at the desk? 5 ACTING PRESIDENT KUHL: There 6 is. 7 SENATOR SKELOS: Move to 8 accept. 9 ACTING PRESIDENT KUHL: The 10 motion is to accept the message of necessity on 11 Calendar Number 1625. 12 All in favor signify by saying 13 aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (Response of "Nay.") 17 The message is accepted. 18 The Secretary will read the 19 last section. 20 THE SECRETARY: Section 80. 21 This act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call 23 the roll. 24 (The Secretary called the 25 roll.) 7503 1 SENATOR LEICHTER: Mr. 2 President. 3 ACTING PRESIDENT KUHL: 4 Senator Leichter, to explain his vote. 5 SENATOR LEICHTER: Mr. 6 President, this explanation really also applies 7 to the bill that we passed, Senate 704B, and 8 really the whole budget bill. 9 I think this budget is such an 10 affront to the public. It's such an insult to 11 openness in government and democratic 12 procedures. To have this budget pushed out in 13 this fashion at this hour on August 2nd is an 14 absolute disgrace after the leaders had fiddled 15 around for months, negotiating this budget to 16 find out that bills are being printed and put on 17 our desks without any review by the members of 18 what's in the bills. We're appropriating some 19 $63 billion, or maybe more, $68 billion dollars, 20 bills of thousands of pages, no opportunity for 21 review. I just think that is disgraceful. 22 And I just want to say that 23 the process here gets worse and worse and worse. 24 The public is being disenfranchized. We, as 25 members, are not doing our job, we're not 7504 1 meeting our responsibilities of representing the 2 public. 3 I don't know how anybody can 4 get up and proclaim, "This is a wonderful 5 budget. We've done our job. We've worked hard," 6 and so on. This is an absolute disgrace, Mr. 7 President. 8 I vote in the negative. 9 ACTING PRESIDENT KUHL: 10 Senator Leichter will be recorded in the 11 negative. 12 Senator Marchi, to explain his 13 vote. 14 SENATOR MARCHI: I just 15 wanted to explain my vote. I certainly don't 16 feel offended by the remarks of Senator Leichter 17 because I know they're sincere, and certainly he 18 should vote that response. 19 On the other hand, I think we 20 should not overlook the fact that this Governor 21 has given a definite thrust, it's a national 22 phenomenon and it's a state phenomenon on 23 economic stimulation; and had we adhered with 24 total exactness to the dimensions and the 25 timetable that is provided in the Constitution, 7505 1 it would have been unrealistic because it 2 wouldn't have reflected the present state of our 3 economy, the promise that it implies. 4 So that I think every single 5 member here, whether they voted for or against 6 it, and obviously it was very persuasive, and 7 the same sentiment seems to be prevailing in the 8 Assembly, is something that we all can take 9 pride of. No matter what, how you feel, 10 everyone makes a contribution. 11 And even if there is 12 perplexion, it should be raised. And I don't - 13 certainly it does not offend me to hear that. 14 It just gives us, I think, added confidence that 15 a prevailing wisdom didn't adhere with that kind 16 of fanaticism to a constitutional requirement 17 that at this point, neither the nation or the 18 state, the first state in the Union, as far as 19 I'm concerned, took a pragmatic and realistic 20 view without sacrificing the principles that 21 should undergird the future of our economy and 22 the future of public policy. 23 So, I'm very proud to be able 24 to vote positively and affirmatively for this 25 bill. 7506 1 ACTING PRESIDENT KUHL: 2 Senator Marchi will be recorded in the 3 affirmative. 4 Senator Hoffmann, to explain 5 her vote. 6 SENATOR HOFFMANN: Thank you, 7 Mr. President. I appreciate the fact that the 8 two-minute rule has been extended for 9 explanations. I'll try to keep my remarks 10 within that time, if possible; but, I would like 11 to note for the record, and occasionally my 12 constituents check the record so I feel this at 13 least gives me an opportunity to provide some 14 communication to them about how things are 15 carried out here in Albany. 16 This particular bill came to 17 us in a matter of 15 minutes, moved through the 18 Finance Committee, and I would like to note, for 19 the record, that it was still warm off of the 20 copying machines when it was presented to us. 21 This bill on which we are now 22 voting is 456 pages long. It includes a table 23 of contents because it is so detailed in its 24 discussion of various state agencies. It 25 includes the Advocates for Persons with 7507 1 Disabilities -- the Office of; Office of Aging; 2 Capital Defender Office; Commission of 3 Corrections; Department of Correctional 4 Services; Crime Victims' Board; Criminal Justice 5 Services; Developmental Disabilities Planning 6 Council; Health Department; Interest on Lawyer 7 Account, that's a new one to me; investigation 8 on -- the Temporary State Commission on 9 Investigation; Judicial Commissions; Department 10 of Mental Hygiene; Office of Mental Health; 11 Office of Mental Retardation and Developmental 12 Disabilities; Office of Alcoholism and Substance 13 Abuse; Military and Naval Affairs Division; 14 Department of Motor Vehicles; Division of 15 Parole; Division of Probation and Correctional 16 Alternatives; Commission on Quality Care for the 17 Mentally Disabled - 18 SENATOR TULLY: Mr. 19 President. 20 SENATOR HOFFMANN: -- State 21 Police; and then Section 2, contingent and other 22 appropriations; and finally, as a late starter, 23 Department of Health. 24 In 15 minutes, my friends, the 25 Finance Committee passed on this and it's now 7508 1 before us and we're passing it in even less 2 time. 3 SENATOR TULLY: Point of 4 order. 5 SENATOR HOFFMANN: And as a 6 duly-elected member of this body, I find that 7 terribly offensive. 8 ACTING PRESIDENT KUHL: 9 Senator Hoffmann, excuse me. 10 Senator Tully, why do you 11 rise? I assume that that's concluding your 12 remarks, Senator Hoffmann? 13 SENATOR HOFFMANN: Yes, Mr. 14 President, I've concluded. I think it was 15 close to within the time limit. 16 ACTING PRESIDENT KUHL: 17 You're voting in the negative, Senator Hoffmann? 18 Senator Hoffmann will be 19 recorded in the negative. 20 SENATOR TULLY: Mr. 21 President, I was wondering if Senator Hoffmann 22 was voting on Senate bill 1625, which did not 23 certainly include all of the things her remarks 24 alluded to. 25 ACTING PRESIDENT KUHL: 7509 1 Senate 1625 is before the house, Senator Tully. 2 Senator Gold, to explain his 3 vote. 4 SENATOR GOLD: Thank you, and 5 I'll be very brief, but something Senator Marchi 6 said I think has to be responded to. And, 7 Senator Marchi, this is coming from not only one 8 of your colleagues, but the head of the Forest 9 Hills branch of the John Marchi fan club, so you 10 know how I feel about you. 11 But Senator, I don't understand 12 your remarks about the Constitution. You know, 13 Senator Marchi, from your vast experience that 14 the Constitution provides a budget by a certain 15 date and that for years, this state was able to 16 do that and everybody understood that at the end 17 of session, there might be a, quote, 18 supplemental budget, and that would take into 19 account any changes that may have taken place. 20 As a result of that procedure, 21 some people have said, well, we shouldn't have a 22 budget by April 1 and we should change the date 23 to June 1, maybe that's more realistic. 24 But, living with the 25 Constitution, I think is urgent and we should 7510 1 have a budget by March 31st and then we can do a 2 supplemental budget. Not only that, Senator 3 Marchi, you and I both know there used to be a 4 deficiency budget that came in February or March 5 of the following year and the deficiency budget 6 would take into account the realities of the 7 year and then make the adjustments. 8 So, nobody ever anticipated, 9 in doing the Constitution, Senator Marchi, that 10 we would have total knowledge by March 31st. 11 But the founding fathers said, "You'll do it by 12 March 31st." For years, people did it by March 13 31st. This year, we have seen no leadership or 14 push to do it. 15 And I don't give Kudos to the 16 Governor. Mario Cuomo, if he couldn't bring one 17 in on time, used to pester people, at least come 18 to a meeting; and it was uncomfortable, but 19 there would be meetings. Nothing seems to 20 bother George Pataki about a late budget this 21 year, and if there are Kudos and congratulations 22 to go around, I think unquestionably the Speaker 23 gets it, and unquestionably Senator Bruno, for 24 at least not passing the Pataki budget. 25 I vote aye. 7511 1 ACTING PRESIDENT KUHL: 2 Senator Gold will be recorded in the 3 affirmative. 4 Senator Dollinger, to explain 5 his vote. 6 SENATOR DOLLINGER: Very 7 briefly, Mr. President, I want to just join my 8 colleague, Senator Leichter. We voted against 9 both these bills, and it goes back to that old 10 line about fooling some of the people some of 11 the time but you can't fool all the people all 12 the time. 13 I don't think the people in 14 this state are fooled by this whole process. 15 They know that we delayed, we delayed, we 16 delayed, we didn't get down to work, we didn't 17 do the people's work on time. It could have 18 been done on time. They know that we were 19 distracted by rent control, they know we were 20 distracted by other things, all of which fit the 21 political agendas of all these people. 22 With all due respect to 23 Senator Marchi, I understand that practicality 24 and reality may play a role in politics, but the 25 people of this state set up a Constitution that 7512 1 said -- and I will only quote from the button 2 that Senator Libous wore so proudly two years 3 ago, "Get it done by April 1." They didn't say 4 get it done by August 3rd. 5 And frankly, my hope is that 6 the people of this state, not having been 7 fooled, will send everyone in this chamber a 8 very specific message on Election Day of this 9 year, they'll vote for a Constitutional 10 Convention to set some real limitations on the 11 Legislature to redesign it so that it does the 12 people's work the way they want it, not the way 13 we want it. 14 ACTING PRESIDENT KUHL: 15 Announce the results. 16 THE SECRETARY: Those 17 recorded in the negative on Calendar Number 1625 18 are Senators Dollinger, Hoffmann and Leichter. 19 Ayes 54, nays 3. 20 ACTING PRESIDENT KUHL: The 21 bill is passed. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. 24 President, would you call up Calendar Number 25 1626? 7513 1 ACTING PRESIDENT KUHL: The 2 Secretary will read. 3 THE SECRETARY: Calendar 4 Number 1626, by the Committee on Rules, Senate 5 Print 5784, an act to amend the Military Law. 6 ACTING PRESIDENT KUHL: 7 Senator Skelos. 8 SENATOR SKELOS: Mr. 9 President, is there a message of necessity at 10 the desk? 11 ACTING PRESIDENT KUHL: There 12 is. 13 THE SECRETARY: Move to 14 accept. 15 ACTING PRESIDENT KUHL: The 16 motion is to accept the message of necessity on 17 Calendar Number 1626. 18 All in favor signify by saying 19 aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (Response of "Nay.") 23 ACTING PRESIDENT KUHL: The 24 message is accepted. The bill is before the 25 house. 7514 1 Secretary will read the last 2 section. 3 THE SECRETARY: Section 76. 4 This act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 ACTING PRESIDENT KUHL: 10 Record the negatives and announce the results. 11 THE SECRETARY: Those recorded 12 in the negative on Calendar Number 1626 are 13 Senators Dollinger, Hoffmann and Leichter. Ayes 14 54, nays 3. 15 ACTING PRESIDENT KUHL: The 16 bill is passed. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. 19 President, if we could continue with the report 20 of the Finance Committee. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read. 23 THE SECRETARY: Senator 24 Stafford, from the Committee on Finance, offers 25 up the following nomination: 7515 1 As Commissioner of the Port 2 Authority of New York and New Jersey, David Mack 3 of Kings Point. 4 SENATOR STAFFORD: Move the 5 nomination. 6 ACTING PRESIDENT KUHL: The 7 question is on the nomination of David Mack, of 8 Kings Point, as a Commissioner of the Port 9 Authority of New York and New Jersey. 10 All those in favor of the 11 nomination signify by saying aye -- Senator 12 Leichter. 13 SENATOR LEICHTER: Mr. 14 President, on the nomination, and I'm sorry I 15 didn't raise this issue in the Finance 16 Committee, but did Mr. Mack appear before any of 17 the standing committees of this house? Senator 18 Stafford, if you could answer that. I know he 19 didn't appear before the Finance Committee. 20 SENATOR STAFFORD: Yes, 21 that's a very legitimate question; and all of us 22 have been concerned about people appearing, 23 yourself, Senator Gold, myself, and others. I 24 asked that question, and let me see now. What, 25 two days ago or yesterday, when he appeared, 7516 1 when we went through the -- there was a 2 renomination for -- it was a renomination for 3 the MTA, and also we were remiss in not 4 including he also is going to be on the Port 5 Authority, but he has been before us. 6 SENATOR LEICHTER: Mr. 7 President, if Senator Stafford would yield for 8 just one further question. 9 ACTING PRESIDENT KUHL: 10 Senator Stafford, do you yield? 11 SENATOR LEICHTER: This is a 12 new appointment, isn't it? This is not a 13 reappointment, is it? 14 SENATOR STAFFORD: The one 15 yesterday was a reappointment. This is new. 16 SENATOR LEICHTER: No, no, the 17 one today. 18 SENATOR STAFFORD: This is 19 new. 20 SENATOR LEICHTER: Okay, fine. 21 Thank you very much. Just very briefly, this 22 is, again, an example of how we do business. I 23 mean, we've had the whole session. This is an 24 incredibly important position, a member of the 25 board of directors, the trustees, or whatever it 7517 1 is, but, in any event, the governing body of the 2 Port of New York and New Jersey Authority, 3 terribly important. A lot of issues, issues 4 that particularly concern New York State. There 5 is more money being spent in New Jersey than in 6 New York State. What's happening to the 7 airports in New York? That person should have 8 appeared. 9 Frankly, the only thing I know 10 of Mr. Mack is that he is a very substantial 11 contributor to the Republican party and to 12 George Pataki. Maybe he's also qualified. 13 Maybe he has a viewpoint as to what should be 14 done and maybe he could tell us. Nobody seemed 15 to ask him. 16 Now, I didn't say, "Please 17 have him appear," and Senator Stafford has been 18 exceptionally cooperative and when you ask him 19 to have somebody appear, he does; but, I don't 20 remember receiving a notice that would have 21 allowed me to say, "Please have Mr. Mack 22 appear." 23 We ought to be doing our job. 24 We ought to be taking our job seriously. If we 25 want to be just a rubber stamp, then we ought to 7518 1 continue acting as we are now. If we want to be 2 serious about it, if we want to protect the 3 public interest, then when somebody like Mr. 4 Mack comes for confirmation, we, as Senators, 5 having the obligation of advice and consent, 6 will say,"Appear before us and let us hear what 7 it is you are going to do, what contribution 8 you're going to make in this important 9 position." 10 Mr. President, I'm going to 11 vote in the negative and ask that I be recorded 12 in the negative on this. 13 ACTING PRESIDENT KUHL: 14 Senator Leichter will be recorded in the 15 negative. 16 The question is on the 17 nomination of David Mack, of Kings Point, to 18 become a Commissioner of the Port Authority of 19 New York and New Jersey. 20 All those in favor of the 21 nomination signify by saying aye. 22 (Response of "Aye.") 23 Opposed nay. 24 (Response of "Nay.") 25 Senator Leichter will be 7519 1 recorded in the negative. 2 The nominee is confirmed. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. 5 President, on the original Calendar Number 65, 6 would you call up Calendar Number 1590. 7 ACTING PRESIDENT KUHL: 8 Return to the original calendar of the day, 9 Calendar Number 65. The Secretary will read 10 Calendar Number 1590. 11 THE SECRETARY: In relation 12 to Calendar Number 1590, Senator Volker moves to 13 discharge from the Committee on Rules, Assembly 14 Print 8458B and substitute it for the Senate 15 bill Third Reading 1590. Senate bill is high, 16 the Assembly bill is not. 17 ACTING PRESIDENT KUHL: The 18 substitution is ordered. 19 Secretary will read the title. 20 THE SECRETARY: Calendar 21 Number 1509, by the Assembly Committee on Rules, 22 Assembly Print 8458B, an act to amend the 23 Education Law. 24 ACTING PRESIDENT KUHL: The 25 Secretary will read the last section. 7520 1 THE SECRETARY: Section 2. 2 This act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call 4 the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 57. 8 ACTING PRESIDENT KUHL: The 9 bill is passed. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. 12 President, on the same calendar, would you call 13 up Calendar Number 1609. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 1609, by Senator Hannon, Senate Print 5690A, an 18 act in relation to persons who may practice a 19 profession. 20 ACTING PRESIDENT KUHL: 21 Senator Skelos. 22 SENATOR SKELOS: Mr. 23 President, is there a message of necessity at 24 the desk? 25 ACTING PRESIDENT KUHL: There 7521 1 is. 2 SENATOR SKELOS: Move to 3 accept. 4 ACTING PRESIDENT KUHL: The 5 motion is to accept the message of necessity on 6 Calendar Number 1609. 7 All in favor signify by saying 8 aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response.) 12 The message is accepted. The 13 bill is before the house. 14 Secretary will read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect March 1st. 18 ACTING PRESIDENT KUHL: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT KUHL: The 24 bill is passed. 25 Senator Skelos. 7522 1 SENATOR SKELOS: Mr. 2 President, on Senate Supplemental Calendar 65A, 3 would you call up Calendar Number 1623. 4 ACTING PRESIDENT KUHL: Go to 5 Calendar 65A, Supplemental 1, Secretary will 6 read the title of Calendar Number 1623. 7 THE SECRETARY: Calendar 8 Number 1623, by Senator Saland, Senate Print 9 5771, an act to amend the Social Services Law. 10 ACTING PRESIDENT KUHL: 11 Senator Skelos. 12 SENATOR SKELOS: Is there a 13 message of necessity at the desk? 14 ACTING PRESIDENT KUHL: There 15 is. 16 SENATOR SKELOS: Move to 17 accept. 18 ACTING PRESIDENT KUHL: 19 Motion is to accept the message of necessity on 20 Calendar Number 1623. 21 All in favor signify by saying 22 aye. 23 (Response of "Aye.") 24 Opposed nay. 25 (There was no response.) 7523 1 The message is accepted. The 2 bill is before the house. 3 SENATOR DOLLINGER: Can we 4 have an explanation? 5 ACTING PRESIDENT KUHL: 6 Senator Saland, an explanation has been 7 requested by Senator Dollinger of Calendar 8 Number 1623. 9 SENATOR SALAND: Thank you, 10 Mr. President. 11 Mr. President, this bill is, 12 in essence, the child support collection piece. 13 The bill contains a number of provisions, the 14 intention of which, quite obviously, is to 15 strengthen child support collections here in the 16 state of New York. It's intended to comply with 17 recent changes in the federal law. It provides, 18 among other things, for a COLA, a COLA which 19 will be handled administratively through the 20 Support Collection Unit. 21 All child support orders will 22 be reviewable; any that are two years older or 23 more will be subject to review if, in fact, 24 there is a -- going back to the inception of the 25 order or when it was most recently modified, and 7524 1 if there is a ten percent increase in the CPI 2 since the inception of the order, those orders 3 would be modified upwards. 4 There also is a provision in 5 here that deals with the pre-CSSA orders, the 6 Child Support Standards Act orders, going back 7 to 1989. There is, in effect, what some have 8 called the swat team being created to go back 9 and look at these 70,000 orders to review and 10 adjust them and to bring them forward. 11 This COLA provision, which I 12 referred to earlier, is, in fact, a new 13 alternative available to states by way of 14 federal action. Previously we had what was 15 called a triennial review and adjustment 16 statute, which unfortunately, and we believe 17 from the start, unfortunately, could not handle 18 the volume of cases that we were required to 19 deal with and, in fact, only could handle, since 20 its inception back in 1993, about ten percent of 21 the cases that had been presented for 22 consideration at that time -- since that time. 23 There is a means here for 24 administrative liens which, again, would be 25 intended to try and shortcut the process, speed 7525 1 up collections. 2 There are additional 3 information access abilities which will now be 4 available to serve to assist in enforcement of 5 these orders. There will be additional means to 6 secure interstate enforcement through adoption 7 of the Uniform Interstate Family Support Act, 8 called UIFSA. 9 There will be additional 10 paternity measures which will be adopted in this 11 legislation that will expedite findings of 12 paternity and, in turn, support collections. 13 Welfare reform in this state 14 obviously cannot work without a couple -- not 15 without a number of key ingredients, certainly 16 daycare, which we have yet to reach, is one of 17 those key ingredients and effective support 18 collection is another. 19 What this bill does is, in 20 fact, provide assistance to single families, 21 single head of household families, will provide 22 additional dollars by way of the various 23 enforcement tools that have been provided, will 24 expand the ability for increased self 25 sufficiency, particularly for women, who are 7526 1 generally the noncustodial parents, and children 2 and families. 3 ACTING PRESIDENT KUHL: 4 Senator Dollinger. 5 SENATOR DOLLINGER: Just a 6 couple quick questions, Mr. President, if the 7 sponsor would yield. 8 ACTING PRESIDENT KUHL: 9 Senator Saland, do you yield to a question from 10 Senator Dollinger? 11 SENATOR SALAND: Yes, Mr. 12 President. 13 ACTING PRESIDENT KUHL: 14 Senator yields. 15 SENATOR DOLLINGER: Senator 16 Saland, this is an awful big piece of work and 17 someone should be congratulated for putting this 18 together, but has this been considered in your 19 committee? Was this -- have we previously 20 reported this bill? 21 SENATOR SALAND: This bill is 22 a bill which is the product of -- a Governor's 23 program bill -- negotiations with the Senate and 24 with the Assembly. I think I would be terribly 25 remiss if I did not speak of the Governor's 7527 1 commitment to children and families, to his 2 desire to expand and build upon his record of 3 dealing with child support enforcement. 4 Certainly we in this chamber, along with the 5 Governor, over the course of the past two or 6 three years, have adopted a number of measures 7 that have appreciably increased the amount of 8 child support protections in New York State, and 9 this is another step in that same direction. 10 SENATOR DOLLINGER: Through 11 you, Mr. President, just a couple other quick 12 questions. 13 ACTING PRESIDENT KUHL: 14 Senator Saland, do you continue to yield? 15 SENATOR DOLLINGER: There are 16 70,000 child support orders in effect in this 17 state, is that what I heard you say? 18 SENATOR SALAND: No, but there 19 are some 70,000, I believe, pre-1989 or pre-C - 20 let me get it right -- CSSA awards or orders 21 that are outstanding. The task force or, as I 22 mentioned earlier, something called the "swat 23 team", will have, I believe, until December 31st 24 of the year 2000 in which to accomplish the 25 review and adjustment of those orders. 7528 1 There is some $300,000 2 provided for that purpose matched by about 660 3 or 670,000 federal dollars, so there is a pool 4 immediately of some $1 million for the 5 additional work that will be required to do 6 that. 7 SENATOR DOLLINGER: Through 8 you, Mr. President, again, if Senator Saland 9 would continue to yield. 10 ACTING PRESIDENT KUHL: 11 Senator Saland, do you continue to yield? 12 SENATOR SALAND: Yes, Mr. 13 President. 14 ACTING PRESIDENT KUHL: 15 Senator yields. 16 SENATOR DOLLINGER: Is there 17 any additional money for either Family Court 18 judges or judicial hearing officers to hear 19 these cases? 20 SENATOR SALAND: The 21 likelihood is that this will not be something 22 that's going to impose a burden on hearing 23 officers or Family Court judges. This procedure 24 is going to be dealt with primarily by way of 25 administrative option. There will be the 7529 1 ability, whether it's a public assistance case 2 or a nonpublic assistance case, where you object 3 to the application of the COLA, to seek 4 application to the Court to be heard; but the 5 assumption is, and I think it's a reasonable 6 one, that the vast, overwhelming majority of 7 these cases will be handled administratively; in 8 fact, that's the purpose of this legislation. 9 SENATOR DOLLINGER: Okay. 10 Again, through you, Mr. President, if Senator 11 Saland would continue to yield. 12 SENATOR SALAND: Yes, Mr. 13 President. 14 ACTING PRESIDENT KUHL: 15 Senator continues to yield. 16 SENATOR DOLLINGER: It's your 17 opinion, then, that those who are paying will 18 voluntarily recognize the COLA and not appeal 19 for judicial review? My experience is exactly 20 just the opposite in dealing with Family Court 21 matters. These decisions are fought over for 22 long periods of time. When they're reopened, 23 suddenly all the issues are reopened, and we go 24 back to court, we seem to march back to court 25 endlessly because of the opening of increased 7530 1 payments. There's an issue of how often the 2 custody occurs, and it seems to open up a whole 3 gamut of other issues. 4 My concern is if you don't put 5 any money in for additional Family Court 6 personnel, you're going to take the Family 7 Courts already strapped and strap them further. 8 SENATOR SALAND: I believe, 9 and this certainly will require, obviously, some 10 record to see if I'm correct, but I believe 11 that, given the fact that any number of these 12 1989, pre-1989 orders or any of the orders that 13 were subsequently enacted under CSSA, for folks 14 to seek to try and go back and have the CSSA 15 standards apply, there is a degree of 16 consideration as to the equities that were 17 involved, as distinguished from a mere COLA. 18 Once you break that ten percent, there's a host 19 of other issues that the court would consider in 20 the application of the Support Standards Act. 21 That might encourage most people, and I would 22 think the vast majority of people, to merely 23 have the matter handled administratively. And 24 if, in fact, that turns out not to be correct, 25 I'd be more than happy to revisit this with you, 7531 1 Senator Dollinger, based on whatever the track 2 record is, and find out if there is need for 3 more additional personnel. 4 SENATOR DOLLINGER: Through 5 you, Mr. President. 6 ACTING PRESIDENT KUHL: 7 Senator Dollinger. 8 SENATOR DOLLINGER: I 9 appreciate Senator Saland's concern. As you 10 know, I've been very concerned about the Family 11 Courts in this state, particularly in my home 12 county of Monroe County, because we seem to put 13 additional burdens in those courts time and time 14 again, both in the area of juvenile justice and 15 now in child support enforcement. We 16 continually put burdens on them, all of it very 17 beneficially intended, but running the risk that 18 we're going to take justice in the Family Court 19 and really substitute arbitrariness because 20 these judges won't have the time to deal with 21 the questions. 22 SENATOR SALAND: May I add 23 that there is the intent through this to, in 24 fact, relieve the court of a number of the 25 responsibilities that it currently has, 7532 1 including not merely the problem of dealing with 2 deviations by way of modifications of orders 3 that people would now come back to the court for 4 routinely to try and handle it administratively, 5 but also a number of paternity-related issues 6 which previously might have been exclusively 7 within the domain of the court will now be able 8 to be handled at least in part administratively. 9 ACTING PRESIDENT KUHL: 10 Senator Dollinger. 11 SENATOR DOLLINGER: Thank 12 you, Mr. President, and I appreciate Senator 13 Saland's comments. 14 I like what I heard, Senator. 15 I'm prepared to vote for this. I'd only 16 suggest, though, just from my personal point of 17 view, this isn't the right time to do it. We 18 should have done this back in March or April. I 19 know it may have been difficult to reach 20 agreement with the other house and with the 21 Governor, but this is a very important piece of 22 legislation. This does many, many good things. 23 I would like to see the beneficial intents that 24 you've described actually come to pass as 25 quickly as possible; but I'm afraid that doing 7533 1 it now, being presented with a 106-page bill, I 2 certainly am not going to be able to go back and 3 say this is going to work. 4 I'm going to share your 5 confidence today and I'm going to vote for it. 6 I hope that that confidence proves to be well 7 founded and we don't have to revisit it forever. 8 But, I do have my own skepticism that says 9 it's a great idea but it's going to take a lot 10 to work out. 11 I commend you for getting it 12 done, but it would have been nice to see it a 13 couple months ago so we could have taken more 14 time on it. 15 ACTING PRESIDENT KUHL: 16 Senator Mendez. 17 SENATOR MENDEZ: Would 18 Senator Saland yield for a question? 19 ACTING PRESIDENT KUHL: 20 Senator Saland do you yield to Senator Mendez? 21 SENATOR SALAND: Yes. 22 ACTING PRESIDENT KUHL: 23 Senator yields. 24 SENATOR MENDEZ: Thank you. 25 Senator Saland, some years 7534 1 ago, when the programs started to collect moneys 2 for child support from delinquent fathers, I 3 remember I read that at the time that that 4 program was implemented, more moneys were being 5 spent - 6 SENATOR SALAND: Senator 7 Mendez, may I interrupt you? Mr. Speaker -- Mr. 8 President, my apologies. Can I ask for just a 9 little bit of quiet? It's just a little bit 10 difficult for me to hear. 11 ACTING PRESIDENT KUHL: You 12 certainly can. 13 Senator Mendez, if you can 14 speak up, and we'll try and get the 15 conversations terminated; let's wait until they 16 are. 17 SENATOR MENDEZ: Thank you; 18 and thank you. 19 Senator Saland, some years 20 back when the ptorgram to get the moneys for 21 child support from the delinquent fathers, I 22 read somewhere at the time that that program was 23 implemented, the costs of administering those 24 programs was higher than the amounts of moneys 25 that they were able to recoup, recuperate. Has 7535 1 that situation changed? 2 SENATOR SALAND: I would - 3 I'm not familiar with the information that you 4 received at that time, but that's certainly not 5 the case now. And while there's still room for 6 improvement, there's been dramatic improvement, 7 double-digit increases in the amounts and the 8 numbers of collections over the course of the 9 past couple of years. 10 You may recall, for instance, 11 we did a measure a couple of years ago which 12 enabled us to suspend somebody's license if they 13 were delinquent in paying; that was an 14 initiative that came, you know, from this house. 15 We subsequently have resorted to the use of 16 the Department of Taxation and Finance to 17 collect arrears. Again, that, too, we 18 reasonably expect to see considerable benefit 19 from, and this continues in that same vein. 20 So, we're getting better, but 21 there is room for improvement, and this is part 22 of that improvement. 23 SENATOR MENDEZ: Thank you. 24 It is a very good bill and I intend to support 25 it. Thank you. 7536 1 SENATOR SALAND: Thank you. 2 ACTING PRESIDENT KUHL: Is 3 there any other Senator wishing to speak on the 4 bill? 5 (There was no response.) 6 Hearing none, the Secretary 7 will read the last section. 8 THE SECRETARY: Section 149. 9 This act shall take effect on January 1st 1998. 10 ACTING PRESIDENT KUHL: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 57. 15 ACTING PRESIDENT KUHL: The 16 bill is passed. 17 Senator DeFrancisco. 18 SENATOR DeFRANCISCO: Mr. 19 President, is there any housekeeping at the 20 desk? 21 ACTING PRESIDENT KUHL: There 22 is. If we could, we'll return to the order of 23 motions and resolution. 24 The Chair recognizes Senator 25 Marcellino. 7537 1 SENATOR MARCELLINO: Thank 2 you, Mr. President. On behalf of Senator 3 Stafford, on page number 4, I offer the 4 following amendments to Calendar Number 1155, 5 Senate Print Number 5349B, and I ask that said 6 bill retain its place on the Third Reading 7 Calendar. 8 ACTING PRESIDENT KUHL: 9 Amendments are received and adopted. 10 SENATOR MARCELLINO: Thank 11 you. 12 ACTING PRESIDENT KUHL: And 13 the bill will retain its place on the Third 14 Reading Calendar. 15 ACTING PRESIDENT KUHL: 16 Senator DeFrancisco. 17 SENATOR DeFRANCISCO: It's my 18 understanding there is a resolution calendar at 19 the desk; I would move the adoption of it. 20 ACTING PRESIDENT KUHL: The 21 motion is to adopt the Resolution Calendar which 22 is on the members' desks. 23 All those in favor signify by 24 saying aye. 25 (Response of "Aye.") 7538 1 Opposed nay. 2 (There was no response.) 3 The Resolution Calendar is 4 adopted. 5 Senator Hoffmann, why do you 6 rise? 7 SENATOR HOFFMANN: Mr. 8 President, how am I recorded on Calendar 1624? 9 It was brought to my attention I may have been 10 recorded in the affirmative. I wish to be 11 recorded in the negative. 12 ACTING PRESIDENT KUHL: 13 Senator Hoffmann, the Clerk informs me that you 14 are currently recorded in the affirmative on 15 Calendar Number 1624. 16 SENATOR HOFFMANN: I would 17 request to be recorded in the negative on 1624. 18 ACTING PRESIDENT KUHL: The 19 request is to have unanimous consent of the body 20 to be recorded in the negative on Calendar 21 Number 1624. Hearing no objection, Senator 22 Hoffmann will be recorded in the negative on 23 Calendar Number 1624. 24 Senator DeFrancisco. 25 SENATOR DeFRANCISCO: We're 7539 1 going to have to stand at ease for a few 2 moments. 3 ACTING PRESIDENT KUHL: The 4 Senate will stand at ease for a few moments. 5 (The Senate stood at ease from 6 10:12 p.m. to 10:26 p.m.) 7 ACTING PRESIDENT SEWARD: 8 Senator Skelos. 9 SENATOR SKELOS: Mr. 10 President, there will be an immediate meeting of 11 the Rules Committee in the Majority Conference 12 Room. 13 ACTING PRESIDENT SEWARD: 14 Immediate meeting of the Rules Committee in the 15 Majority Conference Room. 16 (The Senate stood at ease from 17 10:27 p.m. to 10:52 p.m.) 18 ACTING PRESIDENT KUHL: The 19 Senate will come to order. Members take places. 20 Senator Larkin. 21 SENATOR LARKIN: Mr. 22 President, would you recognize Senator Mendez, 23 please? 24 ACTING PRESIDENT KUHL: 25 Senator Mendez. 7540 1 SENATOR MENDEZ: Mr. 2 President, there will be an immediate conference 3 of the Minority, Room 314. 4 ACTING PRESIDENT KUHL: 5 Senator Larkin. 6 SENATOR LARKIN: Can we 7 return to reports of standing committees before 8 they go into conference -- oh, they can go? 9 Okay. Could we please have the Rules Committee 10 report read, Mr. President? 11 ACTING PRESIDENT KUHL: 12 Return to the order of reports of standing 13 committees. There is a Rules report at the 14 desk. I'll ask the Secretary to read. 15 THE SECRETARY: Senator 16 Bruno, from the Committee on Rules, offers up 17 the following bills: 18 Assembly Print 7728A, by the 19 Committee on Rules, an act to amend the 20 Insurance Law; 21 Assembly Print 2300, by the 22 Assembly Committee on Rules, an act to amend the 23 Public Housing Law; 24 Senate Print 5031D, by Senator 25 Goodman, an act to amend the Tax Law; 7541 1 5262B, by Senator Padavan, an 2 act to amend the New York City charter; 3 3389A, by Senator Seabrook, an 4 act authorizing the city of New York; 5 1476B, by Senator Breslin, an 6 act relating to the repayment of the state in an 7 advance; 8 4450A, by Senator DeFrancisco, 9 an act to amend the Arts and Cultural Affairs 10 Law; 11 4502A, by Senator Tully, an 12 act to direct the New York City Taxi and 13 Limousine Commission; 14 4683A, by Senator Levy, an act 15 in relation to authorizing; 16 4894A, by Senator Saland, an 17 act to reopen the special retirement plan; 18 5451, by Senator Connor, an 19 act to authorize the city of New York; 20 5486C, by Senator LaValle, an 21 act to amend the Town Law;. 22 5488A, by Senator Stafford, an 23 act to amend the State Finance Law; 24 5583A, by Senator DeFrancisco, 25 an act authorizing the State University; 7542 1 5665A, by Senators Lack and 2 Trunzo, an act to amend the Tax Law; 3 5717A, by Senator Farley, an 4 act to amend the Banking Law; 5 5765A, by Senator LaValle, an 6 act to amend the Tax Law; 7 5781, by Senator Johnson, an 8 act to amend the Environmental Conservation Law; 9 5782, by Senator Trunzo, an 10 act to amend a Chapter of the Laws of 1997. 11 All bills directly for third 12 reading. 13 ACTING PRESIDENT KUHL: 14 Senator Larkin. 15 SENATOR LARKIN: Move to 16 accept the report, Mr. President. 17 ACTING PRESIDENT KUHL: The 18 motion is to accept the report of the Rules 19 Committee. 20 All those in favor signify by 21 saying aye. 22 (Response of "Aye.") 23 Opposed nay. 24 (There was no response.) 25 The Rules report is accepted. 7543 1 The bills are ordered directly to third reading. 2 Senator Larkin. 3 SENATOR LARKIN: Mr. 4 President, there will be a meeting of the 5 Finance Committee at 11 p.m. In Room 332. 6 ACTING PRESIDENT KUHL: There 7 is an immediate meeting of the Minority 8 Conference, five-minute conference, in the 9 Minority Conference Room; and there will be a 10 meeting of the Senate Finance Committee in five 11 minutes at 11 o'clock p.m., August 3rd, and the 12 Senate will stand at ease. 13 (The Senate stood at ease from 14 10:57 p.m. to 11:21 p.m.) 15 ACTING PRESIDENT MAZIARZ: 16 Senator Skelos. 17 SENATOR SKELOS: First of 18 all, if we could have order, please. 19 ACTING PRESIDENT MAZIARZ: 20 The chamber will come to order. 21 Senator Skelos. 22 SENATOR SKELOS: If we could 23 take up Senate Supplemental Calendar 65C, 24 noncontroversial. 25 ACTING PRESIDENT MAZIARZ: 7544 1 Secretary will read. 2 THE SECRETARY: Calendar 3 Number 340, by the Committee on Rules, Assembly 4 Print 7728A, an act to amend the Insurance Law. 5 SENATOR LEICHTER: Mr. 6 President. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Leichter. 9 SENATOR LEICHTER: I don't 10 think we have a calendar yet. Is there a 11 calendar on our desks? 12 ACTING PRESIDENT MAZIARZ: 13 Senator Leichter, it is calendar -- Senate 14 Supplemental Calendar 65C. 15 SENATOR LEICHTER: Could we 16 ask the clerks, please, to distribute it because 17 I don't think we have it here. 18 ACTING PRESIDENT MAZIARZ: It 19 is on all the desks. 20 SENATOR LEICHTER: Well, 21 where? 22 ACTING PRESIDENT MAZIARZ: The 23 Secretary will read. 24 THE SECRETARY: Calendar 25 Number 340, by the Committee on Rules, Assembly 7545 1 Print 7728A, an act to amend the Insurance Law. 2 ACTING PRESIDENT MAZIARZ: 3 Read the last section. 4 THE SECRETARY: Section 2. 5 This act shall take effect immediately. 6 ACTING PRESIDENT MAZIARZ: 7 Call the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 57. 11 ACTING PRESIDENT MAZIARZ: 12 The bill is passed. 13 THE SECRETARY: Calendar 14 Number 706, by Member of the Assembly Ramirez, 15 Assembly Print 2300, an act to amend the Public 16 Housing Law. 17 ACTING PRESIDENT MAZIARZ: 18 Read the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT MAZIARZ: 22 Call the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 57. 7546 1 ACTING PRESIDENT MAZIARZ: 2 The bill is passed. 3 THE SECRETARY: Calendar 4 Number 719, by Senator Goodman, Senate Print 5 5031D, an act to amend the Tax Law. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Skelos. 8 SENATOR SKELOS: Mr. 9 President, is there a message of necessity at 10 the desk? 11 ACTING PRESIDENT MAZIARZ: 12 There is a message of necessity at the desk. 13 SENATOR SKELOS: Move to 14 accept. 15 ACTING PRESIDENT MAZIARZ: 16 All in favor of accepting the message of 17 necessity, please signify by saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response.) 21 The message is accepted. 22 Secretary will read -- read 23 the last section. 24 THE SECRETARY: Section 7. 25 This act shall take effect immediately. 7547 1 ACTING PRESIDENT MAZIARZ: 2 Call the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 57. 6 ACTING PRESIDENT MAZIARZ: 7 The bill is passed. 8 THE SECRETARY: In relation 9 to Calendar Number 1241, Senator Padavan moves 10 to discharge from the Committee on Rules 11 Assembly Print 7787B, and substitute it for the 12 identical Senate Print, Third Reading 1241. 13 ACTING PRESIDENT MAZIARZ: 14 The substitution is ordered. 15 Secretary will read. 16 THE SECRETARY: Calendar 17 Number 1241, by the Committee on Rules, Assembly 18 Print 7787B, an act to amend the New York City 19 charter. 20 ACTING PRESIDENT MAZIARZ: 21 There is a home rule message at the desk. Read 22 the last section. 23 THE SECRETARY: Section 24 2. This act shall take effect immediately. 25 ACTING PRESIDENT MAZIARZ: 7548 1 Call the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 57. 5 ACTING PRESIDENT MAZIARZ: The 6 bill is passed. 7 THE SECRETARY: Calendar 8 Number 1510, by Senator Seabrook, Senate Print 9 3389A, an act authorizing the city of New York. 10 ACTING PRESIDENT MAZIARZ: 11 There is a home rule message at the desk. Read 12 the last section. 13 THE SECRETARY: Section 5. 14 This act shall take effect immediately. 15 ACTING PRESIDENT MAZIARZ: 16 Call the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 57. 20 ACTING PRESIDENT MAZIARZ: 21 The bill is passed. 22 THE SECRETARY: In relation 23 to Calendar Number 1627, Senator Breslin moves 24 to discharge from the Committee on Rules, 25 Assembly Print 2245B, and substitute it for the 7549 1 identical Senate Print, Third Reading 1627. 2 ACTING PRESIDENT MAZIARZ: 3 The substitution is ordered. Read the last 4 section -- I'm sorry, Secretary will read. 5 THE SECRETARY: Calendar 6 Number 1627, by Member of the Assembly 7 Canestrari, Assembly Print 2245B, an act 8 relating to the repayment of the state. 9 ACTING PRESIDENT MAZIARZ: 10 Read the last section. 11 THE SECRETARY: Section 2. 12 This act shall take effect immediately. 13 ACTING PRESIDENT MAZIARZ: 14 Call the roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 56, nays 18 1, Senator Hannon -- ayes 55, nays 2, Senators 19 Hannon and Kuhl recorded in the negative. 20 ACTING PRESIDENT MAZIARZ: 21 The bill is passed. 22 THE SECRETARY: Also Senator 23 Larkin. Ayes 54, nays 3, those recorded in the 24 negative, Senators Hannon, Kuhl and Larkin. 25 ACTING PRESIDENT MAZIARZ: 7550 1 The bill is passed. 2 THE SECRETARY: Calendar 3 Number 1628. In relation to Calendar Number 4 1628, Senator DeFrancisco moves to discharge 5 from the Committee on Rules, Assembly Print 6 7543B, and substitute it for the identical 7 Senate bill, Third Reading 1628. 8 ACTING PRESIDENT MAZIARZ: 9 The substitution is ordered. Secretary will 10 read. 11 THE SECRETARY: Calendar 12 Number 1628, by the Assembly the Committee on 13 Rules, Assembly Print 7543B, an act to amend the 14 Arts and Cultural Affairs Law. 15 ACTING PRESIDENT MAZIARZ: 16 Read the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect on the first day of 19 January. 20 ACTING PRESIDENT MAZIARZ: 21 Call the roll. 22 (The Secretary called the 23 roll.) 24 THE SECRETARY: Ayes 57. 25 ACTING PRESIDENT MAZIARZ: 7551 1 The bill is passed. 2 THE SECRETARY: Calendar 3 Number 1629, by Senator Tully, Senate Print 4 4502A, an act to direct the New York City Taxi 5 and Limousine Commission. 6 SENATOR PATERSON: Lay it 7 aside. 8 ACTING PRESIDENT MAZIARZ: 9 Calendar Number 1629 is laid aside. 10 THE SECRETARY: Calendar 11 Number 1630, by Senator Levy, Senate Print 12 4683A, an act in relation to authorizing the 13 State University of New York. 14 ACTING PRESIDENT MAZIARZ: 15 Read the last section. 16 THE SECRETARY: Section 6. 17 This act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: 19 Call the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT MAZIARZ: 24 The bill is passed. 25 THE SECRETARY: Calendar 7552 1 Number 1631, by Senator Saland, Senate Print 2 4894A, an act to reopen the special retirement 3 plan. 4 ACTING PRESIDENT MAZIARZ: 5 There is a home rule message at the desk. Read 6 the last section. 7 THE SECRETARY: Section 3. 8 This act shall take effect immediately. 9 ACTING PRESIDENT MAZIARZ: 10 Call the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 56, nays 14 1, Senator Leichter recorded in the negative. 15 ACTING PRESIDENT MAZIARZ: 16 The bill is passed. 17 THE SECRETARY: Calendar 18 Number 1632. In relation to Calendar Number 19 1632, Senator Connor moves to discharge from the 20 Committee on Rules, Assembly Print 8236 and 21 substitute it for the identical Senate Print, 22 Third Reading 1632. 23 ACTING PRESIDENT MAZIARZ: 24 The substitution is ordered. Secretary will 25 read. There is a home rule message at the desk. 7553 1 THE SECRETARY: Section 2. 2 This act shall take effect immediately. 3 ACTING PRESIDENT MAZIARZ: 4 Call the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 57. 8 ACTING PRESIDENT MAZIARZ: 9 The bill is passed. 10 THE SECRETARY: Calendar 11 Number 1633. In relation to Calendar Number 12 1633, Senator LaValle moves to discharge from 13 the Committee on Rules, Assembly Print 8274B, 14 and substitute it for the identical Senate bill 15 third reading 1633. 16 ACTING PRESIDENT MAZIARZ: 17 The substitution is ordered. Secretary will 18 read. 19 THE SECRETARY: Calendar 20 Number 1633, by the Assembly Committee on Rules, 21 Assembly Print 8274B, an act to amend the Town 22 Law. 23 ACTING PRESIDENT MAZIARZ: 24 Read the last section. 25 THE SECRETARY: Section 7554 1 2. This act shall take effect immediately. 2 ACTING PRESIDENT MAZIARZ: 3 Call the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 56, nays 7 1, Senator Hannon recorded in the negative. 8 ACTING PRESIDENT MAZIARZ: 9 The bill is passed. 10 Senator Gold. 11 SENATOR GOLD: Mr. President, 12 I had asked a question about 1629 in committee 13 and as a courtesy to me, I understand Senator 14 Paterson laid it aside. However, Senator Tully 15 was kind enough to send somebody over earlier 16 and explain it and I do not have an objection. 17 If it's convenient and you 18 want to call up 1629, I have no objection -- oh, 19 I understand Senator Leichter wants to debate. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Skelos. 22 SENATOR SKELOS: Regular 23 order, please. 24 ACTING PRESIDENT MAZIARZ: 25 Continue the calendar. Secretary will read. 7555 1 THE SECRETARY: Calendar 2 Number 1634, by Senator Stafford, Senate Print 3 5488A, an act to amend the State Finance Law. 4 ACTING PRESIDENT MAZIARZ: 5 There is a message at the desk. 6 SENATOR SKELOS: Move the 7 message. 8 ACTING PRESIDENT MAZIARZ: 9 All those in favor of accepting the message of 10 necessity on Calendar Number 1634 signify by 11 saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response.) 15 The message is accepted. 16 Read the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: 20 Call the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 57. 24 ACTING PRESIDENT MAZIARZ: 25 The bill is passed. 7556 1 THE SECRETARY: Calendar 2 Number 1635, by Senator DeFrancisco, Senate 3 Print 5583A, an act authorizing the State 4 University of New York. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Skelos. 7 SENATOR SKELOS: Is there a 8 message of necessity at the desk? 9 ACTING PRESIDENT MAZIARZ: 10 There is a message of necessity at the desk. 11 SENATOR SKELOS: Move to 12 accept. 13 ACTING PRESIDENT MAZIARZ: 14 All those in favor of accepting the message of 15 necessity on Calendar Number 1635 signify by 16 saying aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response.) 20 The message is accepted. 21 Read the last section. 22 THE SECRETARY: Section 8. 23 This act shall take effect immediately. 24 ACTING PRESIDENT MAZIARZ: 25 Call the roll. 7557 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 57. 4 ACTING PRESIDENT MAZIARZ: 5 The bill is passed. 6 THE SECRETARY: Calendar 7 Number 1636, by Senator Lack, Senate Print 8 5665A, an act to amend the Tax Law. 9 ACTING PRESIDENT MAZIARZ: 10 Read the last section. 11 THE SECRETARY: Section 5. 12 This act shall take effect immediately. 13 ACTING PRESIDENT MAZIARZ: 14 Call the roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 56 - 18 ACTING PRESIDENT MAZIARZ: 19 May we please have some order in the house. 20 THE SECRETARY: Ayes 55, nays 21 2, Senators Dollinger and Gentile recorded in 22 the negative. 23 ACTING PRESIDENT MAZIARZ: 24 The bill is passed. 25 THE SECRETARY: Calendar 7558 1 Number 1637, by Senator Farley, Senate Print 2 5717A, an act to amend the Banking Law. 3 ACTING PRESIDENT MAZIARZ: 4 Senator Skelos. 5 SENATOR SKELOS: Is there a 6 message of necessity at the desk? 7 ACTING PRESIDENT MAZIARZ: 8 There is a message of necessity at the desk. 9 SENATOR SKELOS: Move to 10 accept. 11 ACTING PRESIDENT MAZIARZ: 12 All those in favor of accepting the message of 13 necessity on Calendar Number 1637 signify by 14 saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (Response of "Nay.") 18 The message is accepted. 19 Read the last section. 20 THE SECRETARY: Section 7. 21 This act shall take effect immediately. 22 SENATOR VELELLA: Lay it 23 aside. 24 ACTING PRESIDENT MAZIARZ: 25 Calendar Number 1637 is laid aside at the 7559 1 request of Senator Velella - 2 Read the last section. 3 THE SECRETARY: Section 7. 4 This act shall take effect immediately. 5 SENATOR VELELLA: Mr. 6 President, I believe I laid the bill, 1637 - 7 Calendar 1637, I believe I laid that aside. 8 ACTING PRESIDENT MAZIARZ: 9 I'm sorry, Senator Velella, with all the noise 10 in the chamber, we didn't hear you. 11 SENATOR VELELLA: Oh. 12 ACTING PRESIDENT MAZIARZ: 13 You're requesting -- Senator Velella is 14 requesting that Calendar Number 1637, by Senator 15 Farley, Senate Print Number 5717A, be laid 16 aside, is that correct, Senator Velella? 17 SENATOR VELELLA: Absolutely 18 correct. 19 ACTING PRESIDENT MAZIARZ: 20 The bill is laid aside. 21 THE SECRETARY: Calendar 22 Number 1639, by Senator Johnson, Senate Print 23 5781, an act to amend the Environmental 24 Conservation Law. 25 SENATOR SKELOS: Is there a 7560 1 message of necessity at the desk? 2 ACTING PRESIDENT MAZIARZ: 3 There is a message of necessity at the desk on 4 Calendar Number 1639. 5 SENATOR SKELOS: Move to 6 accept. 7 ACTING PRESIDENT MAZIARZ: All 8 those in favor of accepting the message of 9 necessity signify by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response.) 13 The message of necessity is 14 accepted. 15 Read the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: 19 Call the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT MAZIARZ: 24 The bill is passed. 25 THE SECRETARY: Calendar 7561 1 Number 1640, by Senator Trunzo, Senate Print 2 5782, an act to amend a Chapter of the Laws of 3 1997. 4 SENATOR SKELOS: Mr. 5 President, is there a message of necessity at 6 the desk? 7 ACTING PRESIDENT MAZIARZ: 8 There is a message of necessity at the desk. 9 SENATOR SKELOS: Move to 10 accept. 11 ACTING PRESIDENT MAZIARZ: 12 All those in favor of accepting the message of 13 necessity on Calendar Number 1640 signify by 14 saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response.) 18 The message of necessity is 19 accepted. 20 Read the last section. 21 THE SECRETARY: Section 2. 22 This act shall take effect on the same date as a 23 Chapter of the laws of 1997. 24 ACTING PRESIDENT MAZIARZ: 25 Call the roll. 7562 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 57. 4 ACTING PRESIDENT MAZIARZ: 5 The bill is passed. 6 SENATOR SKELOS: Mr. 7 President. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Skelos. 10 SENATOR SKELOS: If we could 11 take up Senate Supplemental Calendar 65C, 12 controversial. 13 ACTING PRESIDENT MAZIARZ: 14 Secretary will read. 15 THE SECRETARY: Calendar 16 Number 1629, by Senator Tully, Senate Print 17 4502A, an act to direct the New York City Taxi 18 and Limousine Commission. 19 ACTING PRESIDENT MAZIARZ: 20 There is a home rule message at the desk. 21 Senator Tully, an explanation 22 has been requested of Calendar Number 1629 - 23 read the last section. 24 THE SECRETARY: Section 2. 25 This act shall take effect immediately. 7563 1 ACTING PRESIDENT MAZIARZ: 2 Call the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 57. 6 ACTING PRESIDENT MAZIARZ: 7 The bill is passed. 8 THE SECRETARY: Calendar 9 Number 1637, by Senator Farley, Senate Print 10 5717A, an act to amend the Banking Law. 11 ACTING PRESIDENT MAZIARZ: 12 Can we have some order in the house? 13 Thank you. 14 Secretary will read. 15 SENATOR LEICHTER: 16 Explanation. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Farley, an explanation has been 19 requested of Calendar Number 1637 by, I believe, 20 Senator Leichter, was that - 21 SENATOR FARLEY: This is the 22 so-called "Wild Card" bill, which has been under 23 negotiation since last year. I don't think it's 24 very funny; it's a significant piece of 25 legislation. It's a Governor's program bill. 7564 1 ACTING PRESIDENT MAZIARZ: 2 Senator Farley is absolutely right. Can we 3 hold Senator Farley to the respect of listening 4 to his explanation on this extremely important 5 piece of legislation? 6 Senator Farley. 7 SENATOR FARLEY: This is a 8 Governor's program bill which has been under 9 negotiation by all three parties since last 10 year. And, incidentally, I'd like to thank a 11 few people here, particularly my ranking person 12 from the Banking Committee, Senator Santiago, 13 who's not here today, but she's been a major 14 force in helping this bill along. Kathy 15 McCartney and Peter Edman, from my staff, and 16 Michael Boxley from Senator Connor's staff; and 17 of course "Denny" Farrell and Aurelia Greene. 18 This is not a totally agreed 19 upon bill, this is two-way agreement between the 20 Governor and this house. There's -- I can 21 honestly say there's nothing in this piece of 22 legislation that the Assembly objects to, in my 23 judgment. 24 We have made several 25 amendments to this legislation to address 7565 1 concerns that have been made by the insurance 2 industry, and let me just give you the genesis 3 of this. This legislation comes about as a 4 result of a March 1996 decision of the Supreme 5 Court of the United States basically that said 6 that any nationally-chartered bank could sell 7 insurance if they had an office in a small town; 8 and consequently, the National Conference of 9 State Legislators, the Council of State 10 Governments, the National Governors' 11 Association, all urged that the states protect 12 the dual banking system by passing "Wild Cards"; 13 and to this date, 44 states have passed this 14 legislation; New York, the financial center of 15 the world, is a little bit slow in coming up 16 with this legislation. 17 Unfortunately, we've already 18 had two major banks in New York State switch to 19 a national charter. Key Bank, which had its 20 headquarters here in Albany and now is in 21 Cleveland, went to a national charter; Fleet 22 last week announced that they are going to a 23 national charter and the lagging on the "Wild 24 Card" was given as one of the reasons. 25 We have worked out amendments 7566 1 on this bill because there was concern about the 2 -- from the insurance industry. There was 3 concern from the insurance industry; and the 4 professional insurance agents have spoken to me, 5 they support this; the independent insurance 6 agents support this legislation. The 7 Association of Life Underwriters support this 8 legislation. It's my understanding that LICONY, 9 from Kathy McCartney, concurs. We have made 10 amendments; they concur, and most of their 11 concerns have been resolved by these recent 12 amendments. 13 Let me just say what this 14 authorizes the banking board to do: To enact 15 regulations to provide state banks with the same 16 powers as national banks. It governs bank 17 insurance powers and it includes language 18 supported by the banking industry, the insurance 19 agents, regarding the sale of insurance by 20 banks. In these particular -- these provisions 21 ensure functional regulation; therefore, 22 insurance activities of banks will be subject to 23 the same laws, regulations that apply to the 24 insurance activities of any other entity. 25 As far as civil penalties are 7567 1 concerned, this bill significantly increases the 2 penalties and establlishes a three-tier penalty 3 structure. These provisions are very similar to 4 the existing penalty provisions authorized by 5 federal law. 6 ACTING PRESIDENT MAZIARZ: 7 Excuse me, Senator Farley. 8 Senator Skelos. 9 SENATOR SKELOS: Excuse me, 10 Senator Farley. We have an important piece of 11 legislation -- not that yours isn't -- that we 12 have to deal with immediately. So I'm going to 13 ask at this time if we could withdraw this piece 14 of legislation at this time, lay it aside 15 temporarily, and return to reports -- messages 16 from the Assembly. 17 ACTING PRESIDENT MAZIARZ: We 18 will withdraw the roll call and lay the bill 19 aside temporarily. Return to messages from the 20 Assembly. 21 The Chair hands down a message 22 from the Assembly. Secretary will read. 23 THE SECRETARY: Assembly 24 returns Assembly Bill 8642, by the Assembly 25 Committee on Rules, an act authorizing the 7568 1 creation of a state debt in the amount of $2 2 billion. 3 ACTING PRESIDENT MAZIARZ: 4 Senator Skelos. 5 SENATOR SKELOS: Mr. 6 President, without objection, could we have 7 third reading -- advance it to third reading. 8 ACTING PRESIDENT MAZIARZ: 9 Without objection, third reading is ordered. 10 Secretary will read. 11 THE SECRETARY: Calendar 12 Number 1642, by the Assembly Committee on Rules, 13 Assembly Print 8642, an act authorizing the 14 creation of a state debt in the amount of 15 $2,400,000,000. 16 SENATOR SKELOS: Mr. 17 President, is there a message of necessity at 18 the desk? 19 ACTING PRESIDENT MAZIARZ: 20 There is a message of necessity at the desk. 21 SENATOR SKELOS: Move to 22 accept. 23 ACTING PRESIDENT MAZIARZ: 24 All those in favor of accepting the message of 25 necessity signify by saying aye. 7569 1 (Response of "Aye.") 2 Opposed no. 3 (There was no response.) 4 The message is accepted. 5 Senator Skelos -- read the 6 last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect immediately. 9 ACTING PRESIDENT MAZIARZ: 10 Call the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Those 14 recorded in the negative on Calendar Number 1642 15 are Senators Dollinger, Hoffmann, and Saland. 16 Ayes 54, nays 3. 17 ACTING PRESIDENT MAZIARZ: 18 The bill is passed. 19 Can we have some order in the 20 house, please? 21 Senator Farley, we're going to 22 return to your explanation on Calendar Number 23 1637. The Chair apologizes to you, Senator 24 Farley, but the bill had to be passed before 25 midnight. 7570 1 Senator Farley. 2 SENATOR FARLEY: Without these 3 recent developments, the "Wild Card" - 4 ACTING PRESIDENT MAZIARZ: 5 Senator Farley, I don't know why this bill is 6 generating so much conversation in this chamber. 7 The chair recognizes Senator 8 Farley and only Senator Farley. 9 Senator Farley. 10 SENATOR FARLEY: Thank you, 11 Mr. President. 12 Recent developments have made 13 this federal charter issue -- the federal char 14 ter much more attractive and it poses a major 15 challenge to the threat of the state banking 16 system and these include the implementation of 17 the Federal Interstate Branching Law and the 18 aggressive efforts by the federal regulators to 19 expand powers, cut red tape, and reduce 20 regulatory fees. 21 As a result of these 22 developments, banks are making decisions now 23 regarding the future structure of their 24 institutions. Recently, as I mentioned, we have 25 seen two large regional banks flip to a state 7571 1 charter -- to a national charter. 2 New York has much to lose if 3 we don't respond to these changes and keep New 4 York State's charter attractive and competitive. 5 There are 140 state chartered 6 banks in New York versus 70 federal. Of the 25 7 largest banks in New York, 20 are state 8 chartered, including the largest bank in the 9 nation, Chase Manhattan. We need to reassure 10 these state chartered banks that New York is 11 committed to the state charter. 12 I have made amendments to this 13 legislation to address all of the concerns of 14 the insurance industry. I think that they are 15 all on-board. I have -- there's no known 16 opposition, at least that I know of, to this 17 bill. It's very, very important to the state of 18 New York. It's been described to me by some of 19 the insurance lobbyists as a national model and 20 one that they would like to see on the books 21 because there being no federal insurance 22 department, it gives the states a guideline as 23 to how to regulate banks should they be in the 24 insurance business. 25 With that, I'll be happy to 7572 1 answer any questions. 2 ACTING PRESIDENT MAZIARZ: 3 Thank you, Senator Farley. 4 Read the last section. 5 SENATOR LEICHTER: Mr. 6 President. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Leichter. 9 SENATOR LEICHTER: I'll yield 10 to Senator Velella. I understand, Senator, you 11 said you wanted to be heard on this? 12 SENATOR VELELLA: Originally 13 I had some problems with this bill but - 14 ACTING PRESIDENT MAZIARZ: 15 Senator Velella. 16 SENATOR VELELLA: Thank you 17 for yielding, Senator. I had some problems with 18 this bill, but Senator Farley's explanation 19 covered almost everything I could think of and 20 was such an outstanding explanation that it 21 cleared up any confusion I had on the bill, and 22 I would think that there would be no questions 23 at all. He covered all the bases, so I move 24 that we move the bill. 25 ACTING PRESIDENT MAZIARZ: 7573 1 Senator Leichter. 2 SENATOR LEICHTER: Thank you 3 very much, Mr. President. 4 And, Senator Velella, it's good 5 that your confusion was cleared up, but 6 obviously when you put your name on the bill you 7 must have still been confused because I see your 8 name on the bill, and I'd like to ask some 9 questions to see whether we can't clear up some 10 confusions that I think generally surround this 11 bill. 12 Senator Farley, would you 13 yield, please? 14 ACTING PRESIDENT MAZIARZ: 15 Senator Farley, would you yield for a question 16 from - 17 SENATOR FARLEY: Yes, I will. 18 ACTING PRESIDENT MAZIARZ: - 19 Senator Leichter. 20 Senator Leichter. 21 SENATOR LEICHTER: Senator 22 Farley, I think you rightly said this is an 23 important bill and I know it's a bill that 24 you've been very much concerned with throughout 25 this session, and I believe early in January or 7574 1 maybe it was early in February, you had a 2 meeting of the Banking Committee and you brought 3 in two individuals to speak on behalf of the 4 bill, the then Superintendent, Superintendent 5 Levin, and the representative of the commercial 6 bankers. 7 At that time, I asked you and 8 suggested it might be appropriate to hold 9 hearings on the bill because, as you said, it 10 was so important. Were there ever any hearings 11 held on this bill, Senator Farley? 12 SENATOR FARLEY: No, there 13 were not. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Farley. 16 SENATOR FARLEY: There were 17 not hearings held on this bill. We were, 18 theoretically, going to have joint hearings 19 between the Assembly and the Senate. Yes, there 20 were some hearings, the Assembly went ahead and 21 held their own hearings after we had agreed to 22 hold joint hearings, and I held an informational 23 meeting, that's all that that was, was an 24 informational meeting held at the last minute 25 for my committee and to give the opportunity for 7575 1 committee members to ask the Superintendent of 2 Banks and Michael Smith from the New York State 3 Bankers' Association to speak to this issue and 4 how important it was for them. But, there were 5 hearings held by the Assembly; we were not 6 included. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Leichter. 9 SENATOR LEICHTER: Senator 10 Farley, if you would continue to yield. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Farley, would you continue to yield? 13 SENATOR FARLEY: Yes, I will. 14 SENATOR LEICHTER: Did I 15 understand you to say the main reason for this 16 bill, which would transfer the authority to make 17 powers as to banking policy and rules is because 18 unless we do this, that state chartered banks 19 would opt to have a national charter; is that a 20 fair statement? 21 SENATOR FARLEY: That's a 22 fair statement, but I don't like your preamble 23 to that statement where you said that we're 24 transferring all of our powers and rules, that's 25 not true. 7576 1 SENATOR LEICHTER: We are 2 transferring some powers and rules. 3 SENATOR FARLEY: You see, 4 Senator Leichter, on this issue, the only laws, 5 and so forth, that we can make affect state 6 chartered banks. If they go to a national 7 charter, we have little or no control over them. 8 Much of the legislation, 9 interstate branching and so many things, came 10 out of New York legislation. We have been the 11 beacon of progressiveness when it comes to 12 banks, and when you had the S and L crisis 13 around the nation, you didn't see New York banks 14 going belly-up; it's because we have the finest 15 banks in the nation, and most of which are state 16 chartered. 17 SENATOR LEICHTER: Senator 18 Farley, if you will continue to yield. 19 ACTING PRESIDENT MAZIARZ: 20 Senator Farley, would you continue to yield to 21 Senator Leichter? 22 SENATOR FARLEY: Yes, I will. 23 SENATOR LEICHTER: Senator 24 Farley, I must say I have a problem with your 25 logic and maybe you can help clear that up for 7577 1 me. 2 Your purpose in passing this 3 bill is to see that the state of New York 4 continues to exercise control over banks, which 5 it can do, in most instances, only over state 6 chartered banks. In order to keep that control, 7 you now give the state chartered banks the 8 powers that they would have as national banks. 9 So where do we maintain our control? Where do 10 we gain anything by the fact that, yes, they 11 have a state charter, but they have all the 12 federal powers? 13 SENATOR FARLEY: Senator 14 Leichter, all the laws that we have on the books 15 currently to date applying to state chartered 16 banks will still apply, and there's a number of 17 them. For instance, our -- the ATM security 18 legislation, which we just recently passed, all 19 of that still applies. 20 SENATOR LEICHTER: But, 21 Senator, isn't it true that, under this bill, if 22 the banking board determines that federal policy 23 does not require ATM security, that the banking 24 board could override that provision, unless 25 you've amended the bill? 7578 1 SENATOR FARLEY: This "Wild 2 Card" authority does not permit the exercise of 3 any power, except in a manner consistent with 4 the following laws: The Banking and Credit 5 Information Program, prohibition of geographic 6 discrimination, motor vehicle leasing, 7 interstate branching, ATM safety, the Banking 8 Law, Truth in Savings, the Banking Law State 9 Community Reinvestment Act. The superintendent 10 has no authority to change any of those. 11 SENATOR LEICHTER: Good. 12 Mr. President. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Leichter. 15 SENATOR LEICHTER: Thank you 16 very much, Senator Farley. You've been 17 courteous and gracious, as always. 18 Senator Farley points out, I 19 think rightfully so, that the bill has been 20 amended and certainly to my mind is not as 21 meretricious as it was when it was first 22 introduced, but I think it still raises a very 23 fundamental principle, which is we are the 24 Legislature. By this bill, we are giving up 25 substantial authority and power to the 7579 1 superintendent. 2 Now, it always amuses me when 3 I see my good friends of the Majority who rail 4 against the bureaucrats who speak about the 5 people's representatives should have the right 6 to make laws, to make decisions and how the 7 bureaucrats are continuously interfering with 8 our prerogatives; then we get a bill like this 9 that turns one of the most important functions 10 that we have, to regulate and set banking 11 policy, and not wholly, because Senator Farley 12 pointed out, the bill has been amended, but to 13 still a fairly significant extent, it gives 14 powers to the superintendant and the banking 15 board to set policy which is now set by this 16 Legislature. 17 Banking, as we all know and to 18 say a truism, is extremely important to the 19 welfare of this state, to all of our 20 constituents. We feel that it is important that 21 policy be set by the people's elected 22 representatives. 23 This bill goes absolutely in 24 the wrong direction. If you want to give up 25 your powers, if you want to abdicate the 7580 1 responsibility that we now have, then you'll 2 vote for this bill. 3 But let me just say further 4 that the concern that Senator Farley has about 5 banks giving up their state charter, and there's 6 a risk that that will happen, but not, I think, 7 because we don't pass "Wild Card", there's a lot 8 of factors that go into this; but one answer is 9 that if we feel that it's appropriate, we can 10 change those laws which may make a state 11 chartered bank more comfortable in maintaining 12 its charter. The argument is, well, we're not 13 efficient, we're not as quick. You know, the 14 same arguments you hear, democracy doesn't work, 15 democracy isn't efficient. I think that we work 16 very well. We can deal with all of the needs 17 that state chartered banks have by legislation. 18 We should not give up our 19 powers in this respect, and I would urge you to 20 keep control over bank policy in the Legislature 21 and not turn that power over to this extent to 22 the Superintendent of Banks and the banking 23 board. 24 ACTING PRESIDENT MAZIARZ: 25 Read the last section. 7581 1 THE SECRETARY: Section 7. 2 This act shall take effect immediately. 3 ACTING PRESIDENT MAZIARZ: 4 Call the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 56, nays 8 1, Senator Leichter recorded in the negative. 9 ACTING PRESIDENT MAZIARZ: 10 The The bill is passed. 11 Senator Bruno. 12 SENATOR BRUNO: Mr. 13 President, can we return to reports of standing 14 committees, and I believe there's a report there 15 from the Finance Committee; I ask that it be 16 read at this time. 17 ACTING PRESIDENT MAZIARZ: 18 Return to reports of standing committees. The 19 Secretary will read. 20 THE SECRETARY: Senator 21 Stafford, from the Committee on Finance, offers 22 up the following bill: 23 Senate Print 5785, by the 24 Committee on Rules, an act to amend the Tax Law 25 and the Banking Law. 7582 1 SENATOR BRUNO: Move to 2 accept the report. 3 ACTING PRESIDENT MAZIARZ: 4 Motion is to accept the report. All those in 5 favor signify by saying aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response.) 9 The report is accepted. 10 Senator Bruno. 11 SENATOR BRUNO: Mr. President, 12 can we at this time take up Calendar Number 13 1641? 14 ACTING PRESIDENT MAZIARZ: 15 Secretary will read. 16 THE SECRETARY: Calendar 17 Number 1641, by the Committee on Rules, Senate 18 Print 5785, an act to amend the Tax Law and the 19 Banking Law. 20 SENATOR BRUNO: Is there a 21 message of necessity? 22 ACTING PRESIDENT MAZIARZ: 23 There is a message of necessity at the desk. 24 SENATOR BRUNO: Move to accept 25 the message. 7583 1 ACTING PRESIDENT MAZIARZ: 2 All those in favor of accepting the message of 3 necessity signify by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response.) 7 The message is accepted. 8 The Secretary will read - 9 read the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Paterson. 14 SENATOR PATERSON: Mr. 15 President, I would like an explanation on 16 Calendar Number 1641. 17 ACTING PRESIDENT MAZIARZ: An 18 explanation has been requested of Calendar 19 Number 1641. 20 Senator Bruno. 21 SENATOR BRUNO: Yes, Mr. 22 President. This is the tax package that 23 represents much of what we in this chamber 24 passed as Senate 1 and Senate 2. We have a 25 total of business taxes that, when fully 7584 1 implemented, will be well over $2 billion and in 2 property tax cuts that are represented, about 3 2.4 billion. 4 And what's represented in this 5 package is the continuation of what we have done 6 together in the Legislature with the leadership 7 of the Governor in having led the country in tax 8 cuts this will be the third year in a row, and 9 the taxes that are represented here, I won't go 10 into great detail because I think they are on 11 the desk and you're familiar with them, but we 12 have talked about the gross receipts tax, that's 13 in here, reduces the gross receipts tax by about 14 25 percent, it's $500 million when implemented. 15 Sales tax, one week on clothing this year, one 16 week next year and then decreased over the next 17 five years, close to a $500 million reduction on 18 clothing under $100. 19 We have many of the nuisance 20 business taxes that were implemented over the 21 last 10 or 15 years that will be eliminated. 22 The container tax, you name it, it's in there. 23 And the bottom line to all of 24 what is happening here tonight is that we are 25 continuing the economic development, the job 7585 1 growth and leading the country back so that we 2 all can be proud of what has happened in this 3 state and that New York State will lead the 4 country in job creation, and we have gone from 5 last in the last three years to about tenth and 6 we have a ways to go. So this is something we 7 can all be proud of. 8 I'm proud of the part that we 9 are playing in helping this become law. 10 Thank you. 11 ACTING PRESIDENT KUHL: 12 Senator Connor. 13 SENATOR CONNOR: Thank you, 14 Mr. President. 15 I'm proud that this package is 16 before us and I'm proud of some aspects of it 17 and there is perhaps something unique about it. 18 And, you know, when we did S. 1 and S. 2, it was 19 a bipartisan effort in this house. There are 20 tax cuts in here that reflect the values which 21 the Democratic members of this house articulated 22 earlier this year. 23 And if you'll recall, Mr. 24 President, when we did STAR, the Governor 25 proposed STAR -- and let me say, you know, all 7586 1 too often, much of the fault, both houses, we 2 don't look like a Legislature sometimes the way 3 we function and the way it looks in other states 4 and in Washington. But this was a case, 5 certainly, of an idea, an improvement, and a 6 better improvement on a bipartisan basis. 7 The Governor proposed his STAR 8 proposal. Senator Bruno, quite commendably, 9 proposed and enhanced property tax program, and 10 the Democratic members of this house proposed 11 what we called Fairness First STAR, which drove 12 more money to upstate communities by eliminating 13 a provision in the Governor's bill, in the 14 Majority's bill, which would have unfairly 15 benefitted the New York City suburbs to the 16 detriment of almost every county upstate. 17 We also proposed that some of 18 the enhancement, which was proposed by Senator 19 Bruno, be driven to the cities of this state. 20 And I'm happy tonight, Mr. President, that for 21 once, on a bipartisan basis -- and I 22 congratulate the Governor, I congratulate 23 Senator Bruno, and I congratulate the Speaker - 24 took a good idea, and even though it emanated 25 from the Minority, incorporated it into the 7587 1 proposal and we have a better bill. 2 And I'm sure many members of 3 this house in the past months have read the 4 op-eds and the editorials around the state that 5 praised the proposal that the Minority is very 6 proud to put forward. It's a rare event. I 7 congratulate the Majority here. I congratulate 8 Senator Bruno; and Senator Bruno did say that 9 day, "It's a very good idea and we're going to 10 look at it," and you did. 11 So we're very, very happy on 12 this side of the aisle to provide property tax 13 relief to the residents of New York State, to 14 all those counties upstate. And we're very, 15 very happy that the cities are being treated 16 fairly, that it's a good idea, it's an idea that 17 Senator Bruno said that day that the Majority 18 would address and you have and the Governor has 19 and the Assembly has. 20 We're also happy that a tax 21 like the gross receipts tax is being reduced 22 because it's always been my opinion that that 23 drove energy costs through a way that hurt New 24 York job creation. We're certainly happy about 25 the sales tax relief that we'll work out over 7588 1 the next years because, let's face it, my 2 colleagues, that is a tax that you pay whether 3 you're rich or poor, and to tax clothing sales 4 under $100 by very poor people just seems to be 5 counterproductive. At a time that we're 6 encouraging poor people to work and become more 7 productive, we shouldn't put those kinds of 8 disincentives on their economic efforts. 9 We're happy about the College 10 Choice Savings Program. Earlier this year, the 11 Democratic conference put forth a pre-paid 12 tuition kind of plan, very, very similar to the 13 one that was adopted. So, we're happy about 14 that, and we're happy to see that our ideas do 15 matter. We're happy we can contribute some 16 ideas to the effort to make this budget. 17 Certainly the child care credit is something 18 we're delighted to support. 19 State tax relief, I think is 20 the kind of thing we always have to keep our eye 21 on, what other states do, what the federal 22 government does so that we don't unfairly burden 23 New Yorkers -- average New Yorkers, not wealthy 24 people, average New Yorkers whose relatively - 25 in today's economy, relatively small estates 7589 1 were being taxed and we're often driving people 2 out of state in their senior years. 3 So all in all, Mr. President, 4 we're delighted, we're really delighted to 5 support, at least I am delighted to support this 6 tax cut proposal. If I dispute anything the 7 Majority Leader said it's that under the Pataki 8 years we have created jobs. All the statistics 9 I've seen show that that's true and I'm glad 10 it's true for New York City, for its suburbs, 11 there has been job growth. Regrettably, though, 12 regrettably, and we need to address this, the 13 rest of the state, and I think my colleagues 14 from upstate can verify this, the rest of the 15 state has not shared in that job growth. It's 16 been Wall Street driven, it's been downstate, 17 and every survey I've seen shows that the job 18 situation in Upstate New York, the economy in 19 Upstate New York is really not in very good 20 shape at all, and I think we ought to, in future 21 years -- in future days, in fact, try and 22 address that problem. And I assure you, Mr. 23 President, the members of this Minority always 24 stand ready to cooperate with the Majority, with 25 the Assembly and with the Governor on new ideas 7590 1 and new programs that benefit middle class New 2 Yorkers, working New Yorkers, and that hopefully 3 we'll make more New Yorkers enjoy the benefits 4 of work and the economic boost that that brings. 5 So I'm delighted to support 6 this, Mr. President. 7 SENATOR LEICHTER: Mr. 8 President. 9 ACTING PRESIDENT KUHL: 10 Senator Leichter. 11 SENATOR LEICHTER: Mr. 12 President, is there an amendment at the desk? I 13 think it's just been served. 14 ACTING PRESIDENT KUHL: There 15 is an amendment at the desk, Senator Leichter, 16 but give me just a minute to check and see 17 whether or not it's appropriate. 18 SENATOR LEICHTER: Sure. 19 ACTING PRESIDENT KUHL: 20 You're asking for an opportunity to waive the 21 reading at this point, Senator Leichter, and 22 explain the amendment? 23 SENATOR LEICHTER: Yes, I am, 24 Mr. President. 25 ACTING PRESIDENT KUHL: The 7591 1 opportunity is yours. 2 SENATOR LEICHTER: I thank 3 you, Mr. President. 4 My fellow colleagues, I am 5 neither proud, nor am I happy or delighted at 6 this tax bill. I'm scared to death by it. I 7 think we have brought fiscal irresponsibility to 8 a new height. We brought it to a new height 9 because this tax bill is totally and completely 10 back-ended. We're putting $143 million into the 11 tax -- or the payment of the tax this year. In 12 year five, that tax bill is going to cost $5 13 billion. If all that we can afford in a year 14 when we're relatively flush with money because 15 of a windfall from Wall Street is 143 million, 16 how can we afford five years from now to pay $5 17 billion? This is going to blow an enormous hole 18 into the state's budget. 19 Now let me say this, my 20 friends: If you want to vote this sort of a tax 21 bill for this year, fine, vote on it for this 22 year. If you want to vote a tax bill for next 23 year, vote on it next year. The third year, 24 vote on it that year; the fourth year, the fifth 25 year; but don't now bind the hands of the 7592 1 Legislature five years from now without knowing 2 what revenue we have, without knowing what needs 3 we have. 4 So, my amendment is very 5 simple, it just provides that every year we will 6 vote on these tax cuts, the very same tax cuts. 7 If economic conditions permit 8 it, then we can go ahead with a tax cut. If 9 they do not permit it, then we shouldn't vote 10 the tax cut. That is called fiscal 11 responsibility, and I'm not one who ordinarily 12 puts that mantle around myself, Senator Bruno, 13 you do; Senator Stafford, you do. The Majority 14 does. And yet, here you are doing the most 15 fiscally irresponsible act that anybody could 16 possibly do, which is to say five years from 17 now, I'm going to have $5 billion. It's no 18 wonder that this state has the second lowest 19 bond rating of all the states in the Union, 20 because we do these totally fiscally 21 irresponsible acts. It started under Governor 22 Cuomo when, in 1987, we enacted a tax cut four 23 years into the future, we continued it under 24 Governor Pataki when we enacted the three-year 25 tax cut, and we now reach new heights when we 7593 1 have this tax cut that is spread out over five 2 years. We should vote on it every year. 3 So I would urge your support 4 for this amendment for fiscal sanity. And I 5 just want to point out that if we enact this 6 particular tax cut and we find ourselves in 7 economic trouble two or three years from now, 8 then we're going to have no choice, unless you 9 want to repeal the tax cut, and we appreciate 10 that's always difficult to do. What you're 11 going to have to do is you're going to have to 12 cut education, health care of seniors, care of 13 the mentally ill, the disabled, and so on. That 14 will be our only alternative. 15 I don't believe any other 16 state in the Union does these multi-year tax 17 cuts that are back-ended the way ours is. We 18 put very little money in the first year but we 19 claim credit, as Senator Bruno does, $5 billion, 20 but you put up $143 million this year. 21 The interesting thing is, and 22 this was a study that was put out today by the 23 Fiscal Policy Institute that shows that the cost 24 of the tax cut in the last year is 35 times the 25 amount that we're putting in to pay for the tax 7594 1 cut this year. That, my friends, again, I must 2 say is fiscally irresponsible -- maybe 3 politically great, we may look great this year, 4 but you're going to have an awful time in future 5 years, and even more so when we're acting at a 6 time when we have had this windfall. And 7 everybody says it's a windfall. You're not 8 going to be able to continue rolling in this 9 amount of money from Wall Street. 10 Don't do it. It's wrong. It 11 is fiscal suicide for this state. I urge you 12 to support my amendment. Vote on these tax cuts 13 every year. Be responsible. 14 ACTING PRESIDENT KUHL: 15 Senator Gold, on the amendment. 16 SENATOR GOLD: Thank you very 17 much, Mr. President. I'm going to support the 18 bill for the reasons explained by Senator 19 Connor, but I want to just add a little bit to 20 the comments made by Senator Leichter. 21 Just to give you a little 22 history, and this time of night, the history is 23 going to be very short, I guarantee you, but if 24 you take a look at this agreement, as was 25 pointed out, we're talking about this year's 7595 1 budget, the latest budget ever -- thank you, 2 Governor -- which is really only a $143 million 3 package. If you look through everything, STAR, 4 it's zero; New York City STAR, it's zero; GRT 5 rate reduction, zero; Estate Tax reform, zero. 6 So all this really is is a plan. 7 Now, having said that, I was 8 here and many of you were here when we talked 9 about the state tax cut package back in '87 and 10 what happened? In 1990, we had to vote to delay 11 it. In '91, we voted to delay it. In '92, we 12 delayed it. 13 In '92, '93 and '94, in order 14 to pay for it, we had to put in new taxes. So, 15 on the one hand, we were telling -- we were 16 cutting taxes, but we were feeding out of their 17 other pocket with new taxes. 18 The bottom line of it is that 19 to the extent that Senator Leichter indicated, 20 that every year we have to take a new vote, we 21 do. The fact is that with every year we either 22 do or we do not give the people a tax cut. 23 In 1990, by doing the delay, 24 we didn't do it, even though we announced it 25 in'87. So, as long as we're doing this with our 7596 1 eyes open, I'm going to vote for it as a plan. 2 But my eyes are open; and the plan, to some 3 extent, is unrealistic. 4 Having said that, I think it's 5 a little bit of an unfairness to the people 6 unless they understand that what we're talking 7 about, Senator Bruno, is not $5 billion, that 8 it's not money into the economy that they are 9 going to be able to spend with this budget. And 10 the budget we're enacting tonight, God willing, 11 has far less in terms of its impact on the 12 people and that impact is $143 million, and in 13 most of the areas that we're talking about, it 14 is zero. 15 ACTING PRESIDENT KUHL: 16 Senator LaValle, on the amendment. 17 SENATOR LAVALLE: I want to 18 speak on the main bill, Mr. President. 19 ACTING PRESIDENT KUHL: 20 Senator LaValle waives on the amendment. 21 Senator Dollinger, on the 22 amendment. 23 SENATOR DOLLINGER: Thank 24 you, Mr. President. 25 I guess I find it astounding 7597 1 after the five years that I've been here that 2 Senator Leichter stands up and seems to talk 3 about fiscal responsibility and adopting the 4 principle that we will vote as we go and pay as 5 we go with tax cuts which I think it seems to me 6 like a very fiscally conservative thing to be 7 preaching. But yet I have this sinking feeling 8 in the pit of my stomach that that fiscal 9 conservatism, good, old-fashioned conservatism 10 will be ignored by the house tonight. 11 I have another suggestion, and 12 I really share Senator Gold's view. I'm going 13 to vote for the main bill, too, but I'm going to 14 suggest to you that this tax cut as it's 15 structured is a whimpy tax cut, a very, very 16 whimpy tax cut. 17 You remember that great 18 American pop culture icon J. Wellington Whimpy 19 who once said, "I would gladly pay you Tuesday 20 for a hamburger today"? Well, we get the whole 21 hamburger today, we get the press release, we 22 get the $5 billion tax cuts, we're going to all 23 look like tax heros. You know what it costs us 24 this year? Senator Gold, I think the number 25 you're talking about, $143 million is actually 7598 1 high because that $143 million includes the $90 2 million tax cut that -- tax increase that the 3 Governor was going to put in the assessments. 4 The actual fiscal cost to us this year for the 5 $5 billion that we're going to buy on Tuesday is 6 $53 million. 7 In voting for the main bill - 8 and I won't talk on the main bill -- in voting 9 for the main bill, I'm suggesting we can afford 10 that $53 million, but I also agree with Senator 11 Gold, it's unrealistic for the people of this 12 state to think that this $5 billion is somehow 13 going to arrive free at their door. 14 I suggest that Senator 15 Leichter's fiscally conservative approach, vote 16 as we go, pay as we go, is the right way to go. 17 Let's vote for this amendment. Let's perhaps 18 decrease the amount of ink we put in our press 19 releases but, frankly, let's be candid and 20 honest with the people of this state. 21 ACTING PRESIDENT KUHL: The 22 question is on the amendment. 23 All those in favor signify by 24 saying aye. 25 (Response of "Aye.") 7599 1 Opposed nay. 2 (Response of "Nay.") 3 ACTING PRESIDENT KUHL: The 4 amendment is lost. 5 On the main bill, Senator 6 LaValle. 7 SENATOR LAVALLE: Thank you, 8 Mr. President. 9 I believe the tax bill that we 10 will be voting on is a very historic measure 11 that will begin to move our state forward and do 12 more to keep New Yorkers in New York and I would 13 say to take their tax savings, whether it's on 14 real property taxes or utilities, which they 15 will be saving through the gross receipts tax, 16 and reinvesting that into our economy. 17 And I think certainly the 18 Governor -- and I would just like to talk a bit 19 about the school property tax because I believe 20 that this will have a dramatic impact and 21 sometimes we don't realize that we are, indeed, 22 setting public policy and moving the state in a 23 different direction, it's quite ironic, just 24 before the next millenium. 25 This, coupled with a bill that 7600 1 will be coming later on, the education bill, 2 will be very, very dramatic in moving how we 3 finance education and how our schools will be 4 financed and taking the burden off some of the 5 hardest pressed taxpayers in this state. 6 Certainly Governor Pataki is 7 to be commended for making this a number one 8 priority as he had stated in the State of the 9 State message but I think, again, it must be 10 noted, as Senator Bruno, in 1996, committed this 11 body toward resolving a problem of the oppressed 12 property taxpayer. 13 Senator Bruno, in '96 and '97, 14 has held at least four press conferences and has 15 explained and debated on this floor on at least 16 two occasions comprehensive legislation to 17 resolve this problem. 18 The Governor, together with 19 our Majority Leader, and certainly all of us, 20 this is an occasion where we can all take credit 21 for working together in dealing with a problem 22 that for literally decades has plagued 23 taxpayers, school property taxpayers, in this 24 state, and we are moving tonight in a direction 25 that I think people who will be writing about 7601 1 this session will say this is a very historic 2 and important move, not only the school property 3 tax, but the other measures in the tax bill. 4 ACTING PRESIDENT KUHL: 5 Senator Nozzolio. 6 SENATOR NOZZOLIO: Mr. 7 President, on the bill. 8 Governor Pataki, Senator 9 Bruno, this body, are leading New Yorkers to the 10 come-back of the Empire State. 11 I'm very pleased that we 12 defeated Senator Leichter's misbegotten 13 amendment because, frankly, it was the height of 14 fiscal irresponsibility to put forth a catch as 15 catch, do as we whim to do, one-year-at-a-time 16 plan. Businesses, job producers, come to states 17 that are reliable, that are dependable, that 18 demonstrate, clearly, tread lines through time 19 that they are serious about tax and fiscal 20 policy. 21 This state, in the past, has 22 been dismal under prior Governors in keeping a 23 consistent standard of tax reliability. 24 Businesses throughout the world were running 25 away from New York, taking opportunity after 7602 1 opportunity other places because this 2 Legislature and prior Governors were 3 irresponsible, changing their minds like the 4 most fickle of fickle individuals. 5 Governor Pataki is sticking to 6 his plan. The first year we have been the 7 largest tax cutter in the nation. The second 8 year, we have been the largest tax cutter in the 9 nation. And, as Senator Bruno said tonight, for 10 the third year in a row, we are the largest tax 11 cutter in the nation. That is a tread line that 12 the chief executive officers and the chairmen of 13 the boards of corporations throughout the world 14 can look to New York and say finally something 15 is happening in a consistent way; and frankly, 16 it's because Governor Pataki and this Senate 17 Majority has stuck to its guns. We're not going 18 to be fickle, we're not going to complain, we're 19 not going to repeat the mistakes of the past. 20 That was done and it brought this state to 21 fiscal and economic ruin. 22 I'm very pleased and very 23 proud. The leadership of our Majority Leader, 24 the leadership of the Governor, the consistent 25 rational policy of making our state competitive 7603 1 again on a consistent basis is exactly what we 2 need and it's exactly why the Governor and the 3 Majority Leader should be praised and that we 4 should be proud of this measure. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 4. 8 This act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 57. 14 ACTING PRESIDENT KUHL: The 15 bill is passed. 16 Senator Leichter, you want to 17 be recorded in the negative on the bill? 18 SENATOR LEICHTER: Record me 19 in the negative. Thank you. 20 ACTING PRESIDENT KUHL: Any 21 other Senator wishing to be recorded in the 22 negative? 23 (There was no response.) 24 ACTING PRESIDENT KUHL: 25 Announce the results. 7604 1 THE SECRETARY: Ayes 56, nays 2 1, Senator Leichter recorded in the negative. 3 ACTING PRESIDENT KUHL: The 4 bill is passed. 5 Senator Saland, why do you 6 rise? 7 SENATOR SALAND: Mr. 8 President, I would request unanimous consent to 9 recorded in the affirmative on Calendar 1642. 10 ACTING PRESIDENT KUHL: 11 Without objection. Hearing no objection, 12 Senator Saland will be recorded in the 13 affirmative on Calendar Number 1642. 14 SENATOR GOLD: Mr. President. 15 ACTING PRESIDENT KUHL: 16 Senator Gold, why do you rise? 17 SENATOR GOLD: Yes. I'd like 18 unanimous consent to be recorded in the negative 19 on Calendar Number 1631. 20 ACTING PRESIDENT KUHL: 21 Without objection, hearing no objection, Senator 22 Gold will be recorded in the negative on 23 Calendar Number 1631. 24 (Long pause) 25 ACTING PRESIDENT KUHL: Senator 7605 1 Bruno. 2 SENATOR BRUNO: Mr. President, I 3 would ask that people just stay relaxed, but 4 there being no further business to come before 5 the Senate at this hour, I would move that we 6 stand adjourned until Monday. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, the Senate 9 stands adjourned. 10 (Whereupon at 12:27 a.m., the 11 Senate adjourned.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25