Wednesday, June 17, 1998

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 17, 1998 11 10:08 A.M. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR RAYMOND A. MEIER, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25 1 P R O C E E D I N G S 2 ACTING PRESIDENT MEIER: The 3 Senate will come to order. I'd ask everyone 4 present to please rise and repeat with me the 5 Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 In the absence of clergy, I ask 9 everyone to bow their heads in a moment of 10 silence. 11 (A moment of silence was 12 observed. ) 13 Reading of the Journal. 14 THE SECRETARY: In Senate, 15 Tuesday, June 16th. The Senate met pursuant to 16 adjournment, Senator Meier in the Chair upon 17 designation of the Temporary President. The 18 Journal of Monday, June 15th, was read and 19 approved. On motion, the Senate adjourned. 20 ACTING PRESIDENT MEIER: 21 Without objection, the Journal stands approved 22 as read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor. 1 Reports of standing 2 committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator -- the Secretary will 8 read substitutions. 9 Hold that. Senator Gold. 10 SENATOR GOLD: Yes. Mr. 11 President, I move to amend Senate bill 7452-B 12 by striking out the amendment that was made on 13 June 15th and restoring its previous print, 14 7452-A. 15 ACTING PRESIDENT MEIER: So 16 ordered. 17 Secretary will read 18 substitutions. 19 THE SECRETARY: On page 7, 20 Senator Kuhl moves to discharge from the 21 Committee on Rules Assembly Bill Number 1638-B 22 and substitute it for the identical Third 23 Reading Calendar 213. 24 On page 9, Senator Leibell 25 moves to discharge from the Committee on Rules 1 Assembly Bill Number 1534-A and substitute it 2 for the identical Third Reading Calendar 313. 3 On page 10, Senator Alesi moves 4 to discharge from the Committee on Rules 5 Assembly Bill Number 8148-B, and substitute it 6 for the identical Third Reading Calendar 347. 7 On page 16, Senator DeFrancisco 8 moves to discharge from the Committee on Rules 9 Assembly Bill Number 5808, and substitute it 10 for the identical Third Reading Calendar 613. 11 On page 41, Senator Farley 12 moves to discharge from the Committee on Rules 13 Assembly Bill Number 7750 and substitute it 14 for the identical Third Reading Calendar 15 1384. 16 On page 41, Senator Trunzo 17 moves to discharge from the Committee on Civil 18 Service and Pensions Assembly Bill Number 19 5534-A, and substitute it for the identical 20 Third Reading Calendar 1385. 21 On page 41, Senator Saland 22 moves to discharge from the Committee on 23 Judiciary Assembly Bill Number 105-B and 24 substitute it for the identical Third Reading 25 Calendar 1386. 1 On page 41, Senator Stafford 2 moves to discharge from the Committee on Rules 3 Assembly Bill Number 6946-A, and substitute it 4 for the identical Third Reading Calendar 1389. 5 On page 42, Senator Nozzolio 6 moves to discharge from the Committee on Crime 7 Victims, Crime and Corrections Assembly Bill 8 Number 10388 and substitute it for the 9 identical Third Reading Calendar 1395. 10 On page 42, Senator Skelos 11 moves to discharge from the Committee on Rules 12 Assembly Bill Number 10680, and substitute it 13 for the identical Third Reading Calendar 1400. 14 On page 43, Senator Velella 15 moves to discharge from the Committee on Rules 16 Assembly Bill Number 10716-A and substitute it 17 for the identical Third Reading Calendar 18 1401. 19 On page 43, Senator Holland 20 moves to discharge from the Committee on Rules 21 Assembly Bill Number 10858-A, and substitute 22 it for the identical Third Reading Calendar 23 1402. 24 On page 43, Senator Velella 25 moves to discharge from the Committee on Rules 1 Assembly Bill Number 10282 and substitute it 2 for the identical Third Reading Calendar 3 1403. 4 On page 44, Senator Farley 5 moves to discharge from the Committee on Rules 6 Assembly Bill Number 10859 and substitute it 7 for the identical Third Reading Calendar 8 1416. 9 On page 44, Senator DeFrancisco 10 moves to discharge from the Committee on Rules 11 Assembly Bill Number 9840-A and substitute it 12 for the identical Third Reading Calendar 13 1419. 14 On page 45, Senator Bruno moves 15 to discharge from the Committee on Rules 16 Assembly Bill Number 11043 and substitute it 17 for the identical Third Reading Calendar 18 1422. 19 On page 45, Senator Fuschillo 20 moves to discharge from the Committee on Rules 21 Assembly Bill Number 10912 and substitute it 22 for the identical Third Reading Calendar 23 1423. 24 And on page 47, Senator Bruno 25 moves to discharge from the Committee on Rules 1 Assembly Bill Number 11151-A, and substitute 2 it for the identical Third Reading Calendar 3 1434. 4 ACTING PRESIDENT MEIER: 5 Substitutions ordered. 6 Senator Skelos. 7 SENATOR SKELOS: There is a 8 resolution at the desk sponsored by Senator 9 Paterson, moved for adoption, on page 16. May 10 we please have the title read. 11 ACTING PRESIDENT MEIER: 12 Secretary will read the title. 13 THE SECRETARY: Legislative 14 Resolution, by Senator Paterson, 4087 mourning 15 the death of Dr. Jose Francisco Pena Gomez, 16 one of the most outstanding politicians in the 17 history of the Dominican Republic. 18 ACTING PRESIDENT MEIER: 19 Senator Paterson. 20 SENATOR PATERSON: Mr. 21 President, I'm proud to sponsor this 22 resolution. My understanding is I do represent 23 some constituents who come to us from the 24 Dominican Republic, and he is one of the most 25 outstanding leaders of the Dominican Republic 1 who passed away, and I wanted to be sure that 2 we acknowledged his life and accomplishments. 3 ACTING PRESIDENT MEIER: 4 Without objection, we'll lay that aside. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 could we please take up the non-controversial 8 calendar. 9 ACTING PRESIDENT MEIER: 10 Secretary will read the non-controversial 11 calendar. 12 THE SECRETARY: Calendar Number 13 149, by Senator Velella, Senate Print 5421-A, 14 an act to amend the Criminal Procedure Law, in 15 relation to the commission. 16 ACTING PRESIDENT MEIER: Read 17 the last section. 18 THE SECRETARY: Section 2. 19 This act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call 21 the roll. 22 (The Secretary called the 23 roll. ) 24 THE SECRETARY: Ayes 37. 25 ACTING PRESIDENT MEIER: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 331, by Senator Velella, Senate Print 934, an 4 act to amend the Public Health Law, in 5 relation to requiring. 6 SENATOR PATERSON: Lay aside. 7 ACTING PRESIDENT MEIER: Lay 8 the bill aside. 9 THE SECRETARY: Calendar Number 10 395, by Senator Leibell, Senate Print 4141-A, 11 an act to amend the General Business Law and 12 the Real Property Tax Law, in relation to 13 cooperatives and condominiums. 14 ACTING PRESIDENT MEIER: Read 15 the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 37. 23 ACTING PRESIDENT MEIER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 420, by Senator Nozzolio, Senate Print 342, an 2 act to amend the Alcoholic Beverage Control 3 Law, in relation to the issuance. 4 ACTING PRESIDENT MEIER: Read 5 the last section. 6 THE SECRETARY: Section 2. 7 This act shall take effect on the first day of 8 September. 9 ACTING PRESIDENT MEIER: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 37. 14 ACTING PRESIDENT MEIER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 446, by member of the Assembly Magee, Assembly 18 Print 1664-C, an act to amend the General City 19 Law and others, in relation to the 20 appointment. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 THE SECRETARY: Section 8. 24 This act shall take effect July 1. 25 ACTING PRESIDENT MEIER: Call 1 the roll. 2 (The Secretary called the 3 roll. ) 4 THE SECRETARY: Ayes 37. 5 ACTING PRESIDENT MEIER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 502, by Senator Farley, Senate Print 4246-A, 9 an act to amend the Banking Law, in relation 10 to increasing. 11 ACTING PRESIDENT MEIER: Read 12 the last section. 13 THE SECRETARY: Section 5. 14 This act shall take effect on the 30th day. 15 ACTING PRESIDENT MEIER: Call 16 the roll. 17 (The Secretary called the 18 roll. ) 19 THE SECRETARY: Ayes 37. 20 ACTING PRESIDENT MEIER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 519, by Senator Velella, Senate Print 4092, an 24 act to amend the Insurance Law, in relation to 25 requiring. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 THE SECRETARY: Section 3. 4 This act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll. ) 9 THE SECRETARY: Ayes 37. 10 ACTING PRESIDENT MEIER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 624, by the Assembly Committee on Rules, 14 Assembly Print 7923, an act to amend the Real 15 Property Tax Law, in relation to providing. 16 ACTING PRESIDENT MEIER: Read 17 the last section. 18 THE SECRETARY: Section 2. 19 This act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call 21 the roll. 22 (The Secretary called the 23 roll. ) 24 THE SECRETARY: Ayes 37. 25 ACTING PRESIDENT MEIER: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 697, by Senator LaValle, Senate Print 6690, an 4 act to amend the Education Law, in relation to 5 the membership. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call 11 the roll. 12 (The Secretary called the 13 roll. ) 14 THE SECRETARY: Ayes 37. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 701, by member of the Assembly Klein, Assembly 19 Print 9763, an act to amend the Estates, 20 Powers and Trusts Law, in relation to the 21 disposition. 22 ACTING PRESIDENT MEIER: Read 23 the last section. 24 THE SECRETARY: Section 2. 25 This act shall take effect immediately. 1 ACTING PRESIDENT MEIER: Call 2 the roll. 3 (The Secretary called the 4 roll. ) 5 THE SECRETARY: Ayes 37. 6 ACTING PRESIDENT MEIER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 710, by Senator Leibell, Senate Print 6432-A, 10 an act to amend the Private Housing Finance 11 Law, in relation to the powers. 12 ACTING PRESIDENT MEIER: Read 13 the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call 17 the roll. 18 (The Secretary called the 19 roll. ) 20 THE SECRETARY: Ayes 37. 21 ACTING PRESIDENT MEIER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 730, by Senator Trunzo. 25 SENATOR SKELOS: Lay it aside 1 for the day. 2 ACTING PRESIDENT MEIER: Lay 3 the bill aside for the day. 4 THE SECRETARY: Calendar Number 5 744, by Senator Padavan, Senate Print 6727-A, 6 an act to amend the Real Property Tax Law, in 7 relation to the tax exemption. 8 ACTING PRESIDENT MEIER: Read 9 the last section. 10 THE SECRETARY: Section 3. 11 This act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call 13 the roll. 14 (The Secretary called the 15 roll. ) 16 THE SECRETARY: Ayes 37. 17 ACTING PRESIDENT MEIER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 752, by member of the Assembly John, Assembly 21 Print 9994, an act to amend the Judiciary Law, 22 in relation to the qualifications. 23 ACTING PRESIDENT MEIER: Read 24 the last section. 25 THE SECRETARY: Section 2. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll. ) 6 THE SECRETARY: Ayes 37. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 783, by Senator Hannon, Senate Print 7378, an 11 act to amend the Public Health Law, and the 12 Education Law, in relation to prohibiting. 13 ACTING PRESIDENT MEIER: Read 14 the last section. 15 THE SECRETARY: Section 9. 16 This act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call 18 the roll. 19 (The Secretary called the 20 roll. ) 21 THE SECRETARY: Ayes 37. 22 ACTING PRESIDENT MEIER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 856, by Senator Marcellino, Senate Print 6293, 1 an act to amend the Environmental Conservation 2 Law, in relation to prohibiting. 3 ACTING PRESIDENT MEIER: Read 4 the last section. 5 THE SECRETARY: Section 2. 6 This act shall take effect on the first day of 7 July. 8 ACTING PRESIDENT MEIER: Call 9 the roll. 10 (The Secretary called the 11 roll. ) 12 THE SECRETARY: Ayes 37. 13 ACTING PRESIDENT MEIER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 857, by Senator Marcellino, Senate Print 6294, 17 an act to amend the Environmental Conservation 18 Law, in relation to specifying. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 THE SECRETARY: Section 2. 22 This act shall take effect on the first day of 23 January. 24 ACTING PRESIDENT MEIER: Call 25 the roll. 1 (The Secretary called the 2 roll. ) 3 THE SECRETARY: Ayes 37. 4 ACTING PRESIDENT MEIER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 858, by Senator Marcellino, Senate Print 6295, 8 an act to amend the Environmental Conservation 9 Law, in relation to providing. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect on the first day of 14 January. 15 ACTING PRESIDENT MEIER: Call 16 the roll. 17 (The Secretary called the 18 roll. ) 19 THE SECRETARY: Ayes 40. 20 ACTING PRESIDENT MEIER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 859, by Senator Marcellino, Senate Print 6296. 24 SENATOR PATERSON: Lay aside. 25 ACTING PRESIDENT MEIER: Lay 1 the bill aside. 2 THE SECRETARY: Calendar Number 3 871, by member of the Assembly Lafayette, 4 Assembly Print 10419-A, an act to amend the 5 Banking Law, in relation to participation. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the first day of 10 January. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 40. 16 ACTING PRESIDENT MEIER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 956, by Senator Cook, Senate Print 5020-B, an 20 act to amend the Education Law, in relation to 21 registration. 22 ACTING PRESIDENT MEIER: Read 23 the last section. 24 THE SECRETARY: Section 5. 25 This act shall take effect on the first day of 1 January. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll. ) 6 THE SECRETARY: Ayes 40. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 971, by Senator Goodman, Senate Print 1343, an 11 act to amend the Penal Law, in relation to 12 reporting of certain incidents. 13 ACTING PRESIDENT MEIER: Read 14 the last section. 15 THE SECRETARY: Section 2. 16 This act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call 18 the roll. 19 (The Secretary called the 20 roll. ) 21 THE SECRETARY: Ayes 40. 22 ACTING PRESIDENT MEIER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 998, by Senator Saland, Senate Print 3442-A, 1 an act to amend the Domestic Relations Law and 2 the Family Court Act. 3 ACTING PRESIDENT MEIER: Read 4 the last section. 5 THE SECRETARY: Section 4. 6 This act shall take effect on the first day of 7 November. 8 ACTING PRESIDENT MEIER: Call 9 the roll. 10 (The Secretary called the 11 roll. ) 12 THE SECRETARY: Ayes 40. 13 ACTING PRESIDENT MEIER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1008, by Senator Trunzo, Senate Print 655-A, 17 an act in relation to creating the Brentwood 18 Legion Volunteer Ambulance District. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 SENATOR PATERSON: Lay aside. 22 ACTING PRESIDENT MEIER: Lay 23 the bill aside. 24 THE SECRETARY: Calendar Number 25 1063, by Senator Alesi, Senate Print 7219, an 1 act to amend the General Business Law, in 2 relation to altering. 3 ACTING PRESIDENT MEIER: Read 4 the last section. 5 THE SECRETARY: Section 2. 6 This act shall take effect on the first day of 7 November. 8 ACTING PRESIODENT MEIER: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 40. 13 ACTING PRESIDENT MEIER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1154, by Senator Maziarz, Senate Print 931-A, 17 an act to amend the Education Law, in relation 18 to prohibiting. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 THE SECRETARY: Section 3. 22 This act shall take effect on the first day of 23 July. 24 ACTING PRESIDENT MEIER: Call 25 the roll. 1 SENATOR LEICHTER: Lay aside. 2 ACTING PRESIDENT MEIER: Lay 3 aside. 4 THE SECRETARY: 1164, by the 5 Assembly Committee on Rules, Assembly Print 6 10766-B, an act to amend the Education Law, in 7 relation to the sale and distribution. 8 ACTING PRESIDENT MEIER: Read 9 the last section. 10 THE SECRETARY: Section 2. 11 This act shall take effect in 180 days. 12 ACTING PRESIDENT MEIER: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 40. 17 ACTING PRESIDENT MEIER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1173, by Senator Leibell, Senate Print 6448, 21 an act to amend the Private Housing Finance 22 Law, in relation to the powers. 23 ACTING PRESIDENT MEIER: Read 24 the last section. 25 THE SECRETARY: Section 3. 1 This act shall take effect - 2 SENATOR LEICHTER: Lay that 3 aside. 4 ACTING PRESIDENT MEIER: Lay 5 that aside. 6 THE SECRETARY: Calendar Number 7 1221, by Senator Johnson, Senate Print 7400-A, 8 an act to amend the Vehicle and Traffic Law, 9 in relation to vehicle registrations. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 40. 19 ACTING PRESIDENT MEIER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1259, by Senator Alesi, Senate Print 7380-A, 23 an act to amend the Highway Law, in relation 24 to designating. 25 ACTING PRESIDENT MEIER: Read 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 SENATOR PATERSON: Lay it 5 aside. 6 ACTING PRESIDENT MEIER: Lay 7 the bill aside. 8 THE SECRETARY: Calendar Number 9 1374, by Senator Saland, Senate Print 7388-B, 10 an act to amend the Tax Law and the General 11 Municipal Law, in relation to tax credits. 12 SENATOR LEICHTER: Lay it 13 aside. 14 ACTING PRESIDENT MEIER: Lay 15 the bill aside. 16 THE SECRETARY: Calendar Number 17 1381, by Senator Skelos, Senate Print 317-C, 18 an act to amend the Insurance Law, in relation 19 to policy coverage. 20 ACTING PRESIDENT MEIER: Read 21 the last section. 22 THE SECRETARY: Section 3. 23 This act shall take effect - 24 SENATOR LEICHTER: Lay aside. 25 ACTING PRESIDENT MEIER: Lay 1 the bill aside. 2 THE SECRETARY: 1383, by 3 Senator Maltese, Senate Print 3688-B, an act 4 to amend the Administrative Code of the city 5 of New York, in relation to the title. 6 ACTING PRESIDENT MEIER: 7 There's a home rule message at the desk. Read 8 the last section. 9 SENATOR LEICHTER: Lay it 10 aside. 11 ACTING PRESIDENT MEIER: Lay 12 the bill aside. 13 THE SECRETARY: Calendar Number 14 1384, substituted earlier today, by the 15 Assembly Committee on Rules, Assembly Print 16 7750, an act to amend Section 23 of Chapter 17 171 of the Laws of 1996. 18 ACTING PRESIDENT MEIER: Read 19 the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call 23 the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 40. 2 ACTING PRESIDENT MEIER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1385, substituted earlier today, by member of 6 the Assembly Vitaliano, Assembly Print 5534-A, 7 an act to amend the Education Law, and the 8 Administrative Code of the city of New York, 9 in relation to - 10 SENATOR DOLLINGER: Lay aside. 11 ACTING PRESIDENT MEIER: Lay 12 the bill aside. 13 THE SECRETARY: Calendar Number 14 1386, substituted earlier today, by member of 15 the Assembly Hoyt, Assembly Print 105-B, an 16 act to amend the Family Court Act and the 17 Domestic Relations Law, in relation to 18 requirements. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 THE SECRETARY: Section 2. 22 This act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call 24 the roll. 25 (The Secretary called the 1 roll.) 2 THE SECRETARY: Ayes 40. 3 ACTING PRESIDENT MEIER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1387, by Senator Rath, Senate Print 5386, an 7 act to amend the Penal Law, in relation to 8 grand larceny. 9 ACTING PRESIDENT MEIER: Read 10 the last section. 11 THE SECRETARY: Section 2. 12 This act shall take effect on the first day of 13 November. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 46. 19 ACTING PRESIDENT MEIER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1388, by Senator Maziarz, Senate Print 5435-B, 23 an act to amend the Family Court Act, in 24 relation to violations. 25 ACTING PRESIDENT MEIER: Read 1 the last section. 2 THE SECRETARY: Section 4. 3 This act shall take effect in 90 days. 4 ACTING PRESIDENT MEIER: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 46. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1389, substituted earlier today. 13 SENATOR PATERSON: Lay aside. 14 ACTING PRESIDENT MEIER: Lay 15 the bill aside. 16 THE SECRETARY: Calendar Number 17 1390, by - 18 SENATOR PATERSON: Lay aside. 19 ACTING PRESIDENT MEIER: Lay 20 the bill aside. 21 THE SECRETARY: Calendar Number 22 1391, by Senator Skelos. 23 SENATOR PATERSON: Lay aside. 24 ACTING PRESIDENT MEIER: Lay 25 the bill aside. 1 THE SECRETARY: Calendar Number 2 1392, by Senator Skelos, Senate Print - 3 SENATOR PATERSON: Lay aside. 4 ACTING PRESIDENT MEIER: Lay it 5 aside. 6 THE SECRETARY: 1393, by 7 Senator Rath, an act to amend - 8 SENATOR DOLLINGER: Lay aside. 9 ACTING PRESIDENT MEIER: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1394, by Senator DeFrancisco, Senate Print 13 6549-B, an act to amend the Parks, Recreation 14 and Historic Preservation Law. 15 ACTING PRESIDENT MEIER: Read 16 the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 46. 24 ACTING PRESIDENT MEIER: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 1395, substituted earlier today, by member of 3 the Assembly Koon, Assembly Print 10388, an 4 act to amend the Executive Law, in relation to 5 eligibility. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 46. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1396, by Senator Skelos, Senate Print 6617-A, 19 an act to amend the Public Service Law, in 20 relation to authorization. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 46. 5 ACTING PRESIDENT MEIER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1397, by Senator Lack, Senate Print 6680-A, an 9 act to amend the Insurance Law, in relation to 10 a guarantee. 11 ACTING PRESIDENT MEIER: Read 12 the last section. 13 THE SECRETARY: Section 2. 14 This act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call 16 the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 46. 20 ACTING PRESIDENT MEIER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1398, by Senator Hoffmann, Senate Print 6699, 24 an act to authorize James J. Parmley to be 25 granted. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 THE SECRETARY: Section 3. 4 This act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll. ) 9 THE SECRETARY: Ayes 45, nays 10 one, Senator Leichter recorded in the 11 negative. 12 ACTING PRESIDENT MEIER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1399, by Senator Johnson, Senate Print 6737, 16 an act to amend the Vehicle and Traffic Law, 17 in relation to the suspension. 18 ACTING PRESIDENT MEIER: Read 19 the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call 23 the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 46. 2 ACTING PRESIDENT MEIER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1400, substituted earlier today, by the 6 Assembly Committee on Rules, Assembly Print 7 10680, an act to amend Chapter 676 of the Laws 8 of 1978. 9 ACTING PRESIDENT MEIER: Read 10 the last section. 11 THE SECRETARY: Section 2. 12 This act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call 14 the roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 46. 18 ACTING PRESIDENT MEIER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1401, substituted earlier today, by the 22 Assembly Committee on Rules, Assembly Print 23 10716-A, an act to amend the Insurance Law, in 24 relation to employer-sponsored group personal 25 excess insurance. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect on the 90th day. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 46. 10 ACTING PRESIDENT MEIER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1402, substituted earlier today, by the 14 Assembly Committee on Rules, Assembly Print 15 10858-A, an act to amend the Social Services 16 Law, in relation to increasing the standards. 17 ACTING PRESIDENT MEIER: Read 18 the last section. 19 THE SECRETARY: Section 4. 20 This act shall take effect December 31st. 21 ACTING PRESIDENT MEIER: Call 22 the roll. 23 (The Secretary called the 24 roll. ) 25 SENATOR MONTGOMERY: Lay it 1 aside, please. 2 ACTING PRESIDENT MEIER: Lay 3 the bill aside. 4 THE SECRETARY: Calendar Number 5 1403, substituted earlier today, by member of 6 the Assembly Lafayette, Assembly Print 10282, 7 an act to amend the General Business Law, in 8 relation to making technical corrections. 9 ACTING PRESIDENT MEIER: Lay 10 the bill aside. 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1405, by Senator Leibell, Senate Print 7189, 14 an act to amend the New York City Charter, in 15 relation to permitting. 16 SENATOR LEICHTER: Lay it 17 aside. 18 SENATOR PATERSON: Lay that 19 aside. 20 ACTING PRESIDENT MEIER: Lay 21 the bill aside. 22 THE SECRETARY: Calendar Number 23 1406, by Senator Seward, Senate Print 7270, an 24 act to amend the Tax Law, in relation to 25 exemptions. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 THE SECRETARY: Section 3. 4 This act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 46. 10 ACTING PRESIDENT MEIER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1407, by Senator Padavan, Senate Print - 14 SENATOR PATERSON: Lay it 15 aside. 16 ACTING PRESIDENT MEIER: Lay 17 the bill aside. 18 THE SECRETARY: Calendar Number 19 1408, by Senator Skelos, Senate Print 7465, an 20 act to amend the Business Corporation Law, in 21 relation to notice. 22 ACTING PRESIDENT MEIER: Read 23 the last section. 24 THE SECRETARY: Section 3. 25 This act shall take effect immediately. 1 ACTING PRESIDENT MEIER: Call 2 the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 46. 6 ACTING PRESIDENT MEIER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1409, by Senator Trunzo, Senate Print 7474, an 10 act to amend the Local Finance Law. 11 SENATOR LEICHTER: Lay it 12 aside. 13 ACTING PRESIDENT MEIER: Lay 14 the bill aside. 15 THE SECRETARY: Calendar Number 16 1410, by Senator Smith, Senate Print 7534, an 17 act to amend the Executive Law, in relation to 18 authorizing. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 THE SECRETARY: Section 2. 22 This act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call 24 the roll. 25 (The Secretary called the 1 roll. ) 2 THE SECRETARY: Ayes 46. 3 ACTING PRESIDENT MEIER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1411, by the Senate Committee on Rules, Senate 7 Print 7548-A, an act to amend the 8 Administrative Code - 9 SENATOR LEICHTER: Lay it 10 aside. 11 ACTING PRESIDENT MEIER: Lay 12 aside. 13 THE SECRETARY: Calendar Number 14 1412, by Senator Holland, Senate Print 7571, 15 an act to amend the Education Law, in relation 16 to extending. 17 ACTING PRESIDENT MEIER: Read 18 the last section. 19 SENATOR DOLLINGER: Lay aside. 20 ACTING PRESIDENT MEIER: Lay 21 the bill aside. 22 THE SECRETARY: Calendar Number 23 1414, by Senator Balboni, Senate Print 7614, 24 an act to permit the sale or lease of Pond 25 View Homes. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 SENATOR VELELLA: Lay aside 4 temporarily. 5 ACTING PRESIDENT MEIER: Lay 6 aside temporarily. 7 THE SECRETARY: 1415, by 8 Senator Alesi, Senate Print 7633, an act to 9 amend the Local Finance Law, in relation to 10 establishing. 11 SENATOR DOLLINGER: Lay aside. 12 ACTING PRESIDENT MEIER: Lay 13 the bill aside. 14 THE SECRETARY: Calendar Number 15 1416, substituted earlier today, by the 16 Assembly Committee on Rules, Assembly Print 17 10859, an act to amend the Banking Law, in 18 relation to extending. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 THE SECRETARY: Section 2. 22 This act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call 24 the roll. 25 (The Secretary called the 1 roll.) 2 THE SECRETARY: Ayes 46. 3 ACTING PRESIDENT MEIER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1417, by Senator Farley, Senate Print 7637, an 7 act to amend the Banking Law, in relation to 8 providing. 9 ACTING PRESIDENT MEIER: Read 10 the last section. 11 THE SECRETARY: Section 2. 12 This act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call 14 the roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 46. 18 ACTING PRESIDENT MEIER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1418, by Senator LaValle, Senate Print 7642, 22 an act to amend Chapter 845 of the Laws of 23 1992. 24 ACTING PRESIDENT MEIER: Read 25 the last section. 1 THE SECRETARY: Section 2. 2 This act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call 4 the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 48. 8 ACTING PRESIDENT MEIER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1419, substituted earlier today, by member of 12 the Assembly Bragman, Assembly Print 9840-A, 13 an act to authorize the state and local 14 employees' retirement systems. 15 ACTING PRESIDENT MEIER: Read 16 the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call 20 the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 46, nays 24 2, Senators Dollinger and Leichter recorded in 25 the negative. 1 ACTING PRESIDENT MEIER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1421, by Senator Velella, Senate Print 7653. 5 SENATOR PATERSON: Lay that 6 aside. 7 ACTING PRESIDENT MEIER: Lay 8 the bill aside. 9 THE SECRETARY: Calendar Number 10 1422, substituted earlier today, by the 11 Assembly Committee on Rules, Assembly Print 12 11043, an act to amend the Insurance Law, in 13 relation to extending. 14 ACTING PRESIDENT MEIER: Read 15 the last section. 16 THE SECRETARY: Section 3. 17 This act shall take effect July 1. 18 ACTING PRESIDENT MEIER: Call 19 the roll. 20 (The Secretary called the 21 roll. ) 22 THE SECRETARY: Ayes 48. 23 ACTING PRESIDENT MEIER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 1423, by the -- substituted earlier today, by 2 the Assembly Committee on Rules, Assembly 3 Print 10912, an act to amend the Highway Law, 4 in relation to regulations. 5 ACTING PRESIDENT MEIER: Read 6 the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call 10 the roll. 11 (The Secretary called the 12 roll. ) 13 THE SECRETARY: Ayes 50. 14 ACTING PRESIDENT MEIER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1425, by Senator Alesi, Senate Print 7672, an 18 act to amend the Personal Property Law, in 19 relation to the Motor Vehicle Retail Leasing 20 Act. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 SENATOR PATERSON: Lay aside. 24 ACTING PRESIDENT MEIER: Lay 25 the bill aside. 1 THE SECRETARY: Calendar Number 2 1426, by Senator Skelos, Senate Print 7678, an 3 act to authorize the South Hempstead Fire 4 District. 5 ACTING PRESIDENT MEIER: Read 6 the last section. 7 THE SECRETARY: Section 3. 8 This act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call 10 the roll. 11 (The Secretary called the 12 roll. ) 13 THE SECRETARY: Ayes 50. 14 ACTING PRESIDENT MEIER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1427, by Senator Goodman, Senate Print 7687. 18 SENATOR LEICHTER: Lay the bill 19 aside. 20 ACTING PRESIDENT MEIER: Lay 21 the bill aside. 22 THE SECRETARY: Calendar Number 23 1428, by Senator Stafford, Senate Print 7690, 24 an act to amend the Real Property Tax Law, in 25 relation to state reimbursement. 1 ACTING PRESIDENT MEIER: 2 There's a local fiscal impact note at the 3 desk. Read the last section. 4 THE SECRETARY: Section 2. 5 This act shall take effect immediately. 6 ACTING PRESIDENT MEIER: Call 7 the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 50. 11 ACTING PRESIDENT MEIER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1429, by Senator Rath, Senate Print 7694, an 15 act to amend the County Law and others, in 16 relation to the dollar amounts. 17 ACTING PRESIDENT MEIER: Read 18 the last section. 19 THE SECRETARY: Section 26. 20 This act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 50. 1 ACTING PRESIDENT MEIER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1430, by Senator Rath, Senate Print 7696, an 5 act to amend the County Law, in relation to 6 the filing. 7 ACTING PRESIDENT MEIER: 8 There's a local fiscal impact note at the 9 desk. Read the last section. 10 THE SECRETARY: Section 15. 11 This act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 50. 17 ACTING PRESIDENT MEIER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1432, by Senator Libous, Senate Print - 21 SENATOR PATERSON: Lay aside. 22 ACTING PRESIDENT MEIER: Lay 23 the bill aside. 24 THE SECRETARY: 1433, by 25 Senator Farley, Senate Print 7719, an act to 1 amend the Banking Law, in relation to the 2 annual meeting. 3 ACTING PRESIDENT MEIER: Read 4 the last section. 5 THE SECRETARY: Section 2. 6 This act shall take effect May 1, 1999. 7 ACTING PRESIDENT MEIER: Call 8 the roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Ayes 50. 12 ACTING PRESIDENT MEIER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1434, substituted earlier today, by the 16 Assembly Committee on Rules, Assembly Print 17 11151-A. 18 SENATOR DOLLINGER: Lay aside. 19 ACTING PRESIDENT MEIER: Lay 20 the bill aside. 21 Senator Skelos, that completes 22 the reading of the non-controversial 23 calendar. 24 SENATOR SKELOS: Mr. President, 25 there will be an immediate meeting of the 1 Committee on Finance in the Majority -- in the 2 Majority Conference Room. 3 ACTING PRESIDENT MEIER: 4 Immediate meeting of the Committee on Finance 5 in the Majority Conference Room. 6 Senator Padavan. 7 SENATOR PADAVAN: Yes, Mr. 8 President. 9 May I be recorded in the 10 negative on Calendar Number 420. 11 ACTING PRESIDENT MEIER: 12 Without objection, Senator Padavan will be 13 recorded in the negative on Calendar Number 14 420. 15 Senator Volker. 16 SENATOR VOLKER: Mr. President, 17 on page 8, Calendar Number 285, Senate Print 18 751, want this bill recommitted and strike the 19 enacting clause. 20 ACTING PRESIDENT MEIER: So 21 ordered. 22 Senator LaValle. 23 SENATOR LAVALLE: Mr. 24 President, might I have unanimous consent to 25 be recorded in the negative on Calendar Number 1 420. 2 ACTING PRESIDENT MEIER: 3 Without objection, Senator LaValle will be 4 recorded in the negative on Calendar Number 5 420. 6 Senator Dollinger. 7 SENATOR DOLLINGER: Mr. 8 President, may I have unanimous consent to 9 also be recorded in the negative on Calendar 10 Number 420. 11 ACTING PRESIDENT MEIER: 12 Without objection, Senator Dollinger will be 13 recorded in the negative on Calendar Number 14 420. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 would you start the controversial calendar. 18 ACTING PRESIDENT MEIER: 19 Secretary will read the controversial 20 calendar. 21 THE SECRETARY: Calendar Number 22 331, by Senator Velella, Senate Print 934. 23 SENATOR SKELOS: Lay it aside 24 for the day. 25 ACTING PRESIDENT MEIER: Lay 1 the bill aside for the day. 2 THE SECRETARY: Calendar Number 3 859, by Senator Marcellino, Senate Print 6296, 4 an act to amend the Environmental Conservation 5 Law, in relation to allowing. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect on the first day of 10 January. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll. ) 15 THE SECRETARY: Ayes 50. 16 ACTING PRESIDENT MEIER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1008, by Senator Trunzo, Senate Print 655-A, 20 an act in relation to creating the Brentwood 21 Legion Volunteer Ambulance District. 22 ACTING PRESIDENT MEIER: Read 23 the last section. 24 SENATOR PATERSON: Wait. 25 Explanation. 1 ACTING PRESIDENT MEIER: 2 Senator Trunzo, an explanation has been 3 requested of Calendar 1008 by Senator 4 Paterson. 5 SENATOR TRUNZO: Mr. President, 6 this particular piece of legislation permits 7 the Brentwood Legion Ambulance, one of the 8 busiest volunteer ambulances in Suffolk 9 County, to form their own ambulance district. 10 Currently, they have their own water 11 commissioners, et cetera, similar to a fire 12 department, and basically that's what this 13 will do for an ambulance district as we have 14 dealt with in Suffolk County in the town of 15 Islip. 16 ACTING PRESIDENT MEIER: Read 17 the last section. 18 THE SECRETARY: Section 7. 19 This act shall take effect upon approval. 20 ACTING PRESIDENT MEIER: Call 21 the roll. 22 (The Secretary called the 23 roll. ) 24 THE SECRETARY: Ayes 50. 25 ACTING PRESIDENT MEIER: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1154, by Senator Maziarz, Senate Print 931-A, 4 an act to amend the Education Law, in relation 5 to prohibiting. 6 SENATOR PATERSON: Explanation. 7 SENATOR MAZIARZ: Thank you, 8 Mr. President. 9 ACTING PRESIDENT MEIER: Just 10 one moment. Senator Maltese, why do you rise? 11 SENATOR MALTESE: Mr. 12 President, I ask unanimous consent to be 13 recorded in the negative on Calendar Number 14 420. I was at a Higher Education meeting. 15 ACTING PRESIDENT MEIER: 16 Without objection, Senator Maltese will be 17 recorded in the negative on Calendar 420. 18 Senator Maziarz, an explanation 19 has been requested of Calendar 154 -- 1154. 20 SENATOR MAZIARZ: Thank you 21 very much, Mr. President. 22 Very simply, Mr. President, 23 this legislation would prohibit the 24 merchandising of credit cards on SUNY and CUNY 25 campuses, Mr. President. What this bill would 1 not do is prohibit students from accessing 2 credit cards, but this would prohibit banks 3 and credit card companies from coming onto a 4 SUNY campus, setting up a table, if you will, 5 putting out what's very popular today are 6 water bottles, popular CDs, enticing students 7 to sign up for credit cards immediately, and 8 getting a free CD or a free water bottle or 9 T-shirt or something of that nature. 10 Also encourages students by 11 telling them, don't worry, use a credit card; 12 it will only be a $500 line of credit and you 13 can simply throw it away when you get it and, 14 of course, that does not happen. Students are 15 finding themselves behind the financial '8' 16 ball after they graduate and this bill would 17 prohibit that type of merchandising. 18 I may add, Mr. President, that 19 most of the private colleges and universities 20 in the state do prohibit this type of 21 merchandising of credit cards. 22 Thank you. 23 ACTING PRESIDENT MEIER: 24 Senator Paterson. 25 SENATOR PATERSON: Mr. 1 President, if the sponsor would yield. 2 ACTING PRESIDENT MEIER: 3 Senator Maziarz, do you yield for a question? 4 SENATOR MAZIARZ: Certainly, 5 Mr. President. 6 ACTING PRESIDENT MEIER: 7 Senator yields. 8 SENATOR PATERSON: At first 9 blush and probably at the last one, I think 10 this is a very good bill. I think back to the 11 misunderstanding that exists not only on the 12 part of younger people but just on the part of 13 society regarding credit, and I was reading 14 recently that just in the past five years, 15 there is a trend toward consumer 16 responsibility, that consumers are not getting 17 as far behind on their credit cards and in 18 debt, and this would certainly be an apt 19 warning that we would give to younger people 20 who, in many respects, have financial aid 21 responsibilities in college and when they get 22 out into the work force, many times they have 23 hindered themselves by being induced not 24 fraudulently but certainly with a lot of 25 frills and a lot of incentives, as Senator 1 Maziarz pointed out. 2 My question, Senator Maziarz, 3 is why are we distinguishing just the credit 4 industry? In other words, driver's licenses, 5 even buying CDs can -- can create the same 6 kind of problem. From a policy perspective 7 even though this is a -- can have a very 8 positive effect as a piece of legislation, 9 from a policy perspective is this just a 10 little bit of "big brother" to some degree 11 directing the choice of individuals as op 12 posed to perhaps trying to persuade? 13 SENATOR MAZIARZ: Mr. 14 President, through you: Senator Paterson, 15 perhaps it is, but I don't think that the two 16 examples you used, just merchandising CDs, 17 there's no long-term financial effect to that 18 or, quite frankly, driver's licenses on SUNY 19 campuses would probably be a positive move, 20 but -- but the merchandising of credit cards 21 puts a student behind the financial '8' ball 22 for the long term, if you will, and what 23 happens all too often since I introduced this 24 bill when it passed last year, I believe 25 unanimously, Senator, I heard from a great 1 deal of parents who -- whose students had 2 applied for credit cards, had put down under 3 their "employment" sections on the application 4 "not employed" and yet got the credit card 5 with a very small line of credit, $500. 6 Within six months, those lines of credit were 7 increased to 1500, one student 18 months 8 $10,000. That student worked part time at a 9 pizzeria for $6 an hour at the time. 10 SENATOR PATERSON: If the 11 Senator will yield for one further question. 12 ACTING PRESIDENT MEIER: 13 Senator, do you continue to yield? 14 SENATOR MAZIARZ: For one 15 further question. 16 ACTING PRESIDENT MEIER: 17 Senator yields for one further question. 18 SENATOR PATERSON: Senator, do 19 you think this is a good bill? 20 SENATOR MAZIARZ: I think this 21 is a really good bill. 22 SENATOR PATERSON: Mr. 23 President, I would suggest, I better not come 24 down on this one; I better not see one no vote 25 on this bill. 1 THE SECRETARY: Section 3. 2 This act shall take effect the the first day 3 of July. 4 ACTING PRESIDENT MEIER: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 50. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1173, by Senator Leibell, Senate Print 6448, 13 an act to amend the Private Housing Finance 14 Law, in relation to the powers. 15 SENATOR LEICHTER: 16 Explanation. 17 SENATOR PATERSON: 18 Explanation. 19 ACTING PRESIDENT MEIER: 20 Senator Leibell, an explanation has been 21 requested of Calendar 1173 by Senator 22 Leichter. 23 SENATOR LEIBELL: This bill 24 would authorize the New York State Housing 25 Finance Agency to establish subsidiaries and 1 to acquire full title to real properties which 2 have received some form of assistance from the 3 U.S. government in connection with 4 foreclosures or other situations arising 5 pursuant to the operation of HFA programs. 6 At present, HFA is not required 7 to create these subsidiaries. Currently if 8 HFA seeks to acquire distressed properties 9 that receive some form of assistance from the 10 federal government, such as SONYMA, such 11 possession would place them in jeopardy of 12 losing federal subsidies on the property. 13 This bill would permit HFA to access such 14 federal monies, thereby benefiting the 15 mortgagor serviced by HFA in their programs. 16 This is an HFA program bill. 17 SENATOR LEICHTER: Mr. 18 President. 19 ACTING PRESIDENT MEIER: 20 Senator Leichter. 21 SENATOR LEICHTER: If Senator 22 Leibell would yield. 23 ACTING PRESIDENT MEIER: 24 Senator Leibell, do you yield for a question? 25 SENATOR LEIBELL: Yes. 1 ACTING PRESIDENT MEIER: 2 Sponsor yields. 3 SENATOR LEICHTER: I couldn't 4 understand as I read this bill where it needed 5 to create subsidiaries to take over these 6 properties. Why can't it do it in its present 7 form? 8 SENATOR LEIBELL: Their counsel 9 has advised on this bill that's before the 10 house today, that they do not have that 11 authority, that in their opinion they do need 12 the creation of these subsidiaries; that is, 13 that was the opinion of their counsel. 14 SENATOR LEICHTER: Well, why? 15 SENATOR LEIBELL: Under federal 16 law, it's required. 17 SENATOR LEICHTER: If you would 18 be so good as to yield. 19 ACTING PRESIDENT MEIER: 20 Senator Leibell, do you continue to yield? 21 SENATOR LEIBELL: Yes. 22 ACTING PRESIDENT MEIER: 23 Senator continues to yield. 24 SENATOR LEICHTER: I'm not sure 25 there's anything wrong with creating 1 subsidiaries. There may be some issue of 2 costs, and so on, but why don't we, if it's a 3 matter of giving the HFA authority to take 4 over property, why don't we just give them 5 that authority? Why do we also say they can 6 create subsidiaries to do that? 7 SENATOR LEIBELL: Because if we 8 don't do it through a subsidiary, they would 9 lose their federal subsidy. This is required 10 by federal law. 11 SENATOR LEICHTER: In other 12 words, what you're saying is that, if they 13 take over property in their corporate form, 14 the parent, that that would lose -- that they 15 would lose their federal subsidies. 16 SENATOR LEIBELL: From that 17 property. 18 SENATOR LEICHTER: But, if they 19 have a subsidiary, they will not. 20 SENATOR LEIBELL: Correct. 21 SENATOR LEICHTER: And the 22 reason they're going to take over property in 23 some instances is because of foreclosure or 24 some - 25 SENATOR LEIBELL: Some form of 1 default. 2 SENATOR LEICHTER: Are we 3 giving these subsidiaries any powers to take 4 over property in condemnation? 5 SENATOR LEIBELL: Nothing - 6 there would be no powers that HFA does not 7 already have. 8 SENATOR LEICHTER: And am I 9 correct that they don't have the power of 10 condemnation? 11 SENATOR LEIBELL: I believe 12 they do have that power presently. 13 SENATOR LEICHTER: I mean I owe 14 -- I don't think they have it either, but I'm 15 not sure, and I think it would be fairly risky 16 and I'm sure this house would not want to give 17 them the power of condemnation. We ought to 18 really be sure of that. 19 SENATOR LEIBELL: This bill 20 does not do that. All this bill does is 21 authorize them to form these subsidiaries. It 22 doesn't give them any other additional powers 23 which they otherwise would not -- would have. 24 SENATOR LEICHTER: O.K. Thank 25 you. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 THE SECRETARY: Section 3. 4 This act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll. ) 9 THE SECRETARY: Ayes 50. 10 ACTING PRESIDENT MEIER: The 11 bill is passed. 12 SENATOR PATERSON: 13 Explanation. 14 THE SECRETARY: Calendar Number 15 1259, by Senator Alesi. 16 ACTING PRESIDENT MEIER: Not 17 yet, Senator Paterson. 18 THE SECRETARY: Senate Print 19 7380-A, an act to amend the Highway Law. 20 ACTING PRESIDENT MEIER: Now. 21 SENATOR PATERSON: Explanation. 22 ACTING PRESIDENT MEIER: 23 Senator Alesi. 24 Senator Alesi, an explanation 25 has been requested of Calendar 1259 by Senator 1 Paterson. 2 SENATOR ALESI: That would be 3 my pleasure, Mr. President. 4 This bill allows, for 5 ceremonial purposes only, Senator, the naming 6 of a portion of the Macedon Road Highway in 7 front of the American Legion Post as the 8 POW/MIA Memorial Highway. 9 ACTING PRESIDENT MEIER: 10 Senator Paterson. 11 SENATOR PATERSON: Oh, so this 12 was a purely local impact? 13 SENATOR ALESI: Local. 14 SENATOR PATERSON: All right, 15 Mr. President. Thank you. 16 After arduous consideration 17 I've decided to go along with Senator Alesi on 18 that one, and if anyone votes against it I 19 will see them outside. 20 SENATOR ALESI: Thank you, 21 Senator, and if I may add, Mr. President, I 22 admire the Senator's wisdom on this matter. 23 ACTING PRESIDENT MEIER: Read 24 the last section. 25 THE SECRETARY: Section 3. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll. ) 6 THE SECRETARY: Ayes 50. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1374, by Senator Saland, Senate Print 7388-B, 11 an act to amend the Tax Law and the General 12 Municipal Law, in relation to tax credits. 13 SENATOR PATERSON: Mr. 14 President. 15 ACTING PRESIDENT MEIER: 16 Senator Paterson. 17 SENATOR PATERSON: Mr. 18 President, this is an "LL" bill. This is a 19 Leichter lay aside, and he is out of the 20 chamber. If we might hold this bill until 21 he - 22 SENATOR SKELOS: Lay aside 23 temporarily. 24 ACTING PRESIDENT MEIER: Lay 25 aside temporarily. 1 THE SECRETARY: 1381, by 2 Senator Skelos, an act to amend the Insurance 3 Law, in relation to policy coverage. 4 ACTING PRESIDENT MEIER: Read 5 the last section. 6 THE SECRETARY: Section 3. 7 This act shall take effect on the 180th day. 8 ACTING PRESIDENT MEIER: 9 Senator Paterson. 10 SENATOR PATERSON: I believe 11 Senator Leichter laid this bill aside as well. 12 SENATOR SKELOS: Lay aside 13 temporarily. 14 ACTING PRESIDENT MEIER: Lay 15 aside temporarily. The Chair might suggest 16 that somebody might want -- someone might want 17 to find Senator Leichter, since many of these 18 are his lay asides. 19 The Secretary will continue to 20 read. 21 SENATOR PATERSON: Mr. 22 President. 23 ACTING PRESIDENT MEIER: Senator 24 Paterson. 25 SENATOR PATERSON: Senator 1 Leichter is in the Finance Committee. 2 ACTING PRESIDENT MEIER: All 3 right, very well. Point well taken. I 4 apologize to Senator Leichter. 5 SENATOR PATERSON: Working very 6 hard, Mr. President, but even Senator Leichter 7 can't be in two places at once, and we're all 8 so happy that he can't be. 9 ACTING PRESIDENT MEIER: Oh, I 10 think Senator Leichter is in two places at 11 once sometimes. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: Calendar Number 15 1383, by Senator Maltese, Senate Print 3688-B, 16 an act to amend the Administrative Code of the 17 city of New York. 18 SENATOR PATERSON: Explanation. 19 ACTING PRESIDENT MEIER: 20 Senator Maltese, an explanation has been 21 requested of Calendar Number 1383, by Senator 22 Paterson. 23 SENATOR MALTESE: This bill is 24 an act to amend the Administrative Code, in 25 relation to police sergeants assigned as 1 supervisors of detective squads. It is an 2 eminently fair bill in that it provides that 3 police sergeants assigned as supervisors in 4 the detective bureau be granted that title 5 after 18 months in the assignment, a full year 6 and a half. 7 The justification is that a 8 police sergeant assigned to an investigatory 9 position accepts the added responsibilities of 10 giving direction to the highest level of 11 investigations in the most sensitive areas of 12 law enforcement. These include narcotics, 13 organized crime, intelligence, homicide which 14 I have some familiarity with, bombings, under 15 cover assignments and all other detective 16 investigations. 17 The salaries of detective 18 second grade and detective first great are now 19 equal to or greater than that of the 20 sergeants. Nevertheless, the sergeants 21 working in this capacity are charged with 22 responsibility, accountability and decision 23 making for their subordinates who are making 24 more money than they are. 25 Under current law, if a police 1 officer is assigned to detective duties for a 2 period of 18 months or greater, he must 3 receive the compensation and title of a 4 detective, undoubtedly one of our bills. This 5 bill would give the same right to a sergeant 6 who has performed the duties of a detective 7 supervisor for the same 18-month period. 8 The -- the cost, fiscal 9 implications to state and local government - 10 our cost estimates are minimal: In '98-99 11 300,000; '99-2000, 425,000; 2000 to 2001, 12 475,000; 2001 to 2002, 925,000. 13 I'm mindful of the memorandum 14 in opposition by Mr. Harding, the legislative 15 representative for the City. Their figures 16 are almost, in most cases, double or triple 17 our fiscal figures. We indicate that our 18 fiscal note was prepared by Jonathan Schwartz, 19 consulting actuary, whereas the mayor's memo 20 does not indicate who prepared the memo, and, 21 therefore, can be attributed to no individual 22 as to accuracy. 23 It does seem that sergeants who 24 are accepting these additional duties and are 25 taking these duties on -- with all the 1 responsibilities inherent in them, should, 2 after 18 months, receive the -- the extra 3 pay. 4 ACTING PRESIDENT MEIER: 5 Senator Paterson. 6 SENATOR PATERSON: Mr. 7 President, I'm sorry. I was -- just wanted to 8 ask Senator Maltese if -- and he may have 9 actually answered it, the City does have a 10 position on this bill? 11 SENATOR MALTESE: Yes, the City 12 has issued a memorandum in opposition which I 13 have here. 14 SENATOR PATERSON: O.K. The 15 City, I would assume, feels that this is 16 somewhat of an unfunded mandate; would that be 17 an apt - 18 SENATOR MALTESE: They, they 19 feel our -- I'll read you a portion of their 20 memo. 21 "The City is strongly opposed, 22 as it represents an unreasonable encroachment 23 on the traditional managerial authority of the 24 Police Commissioner. Current law provides for 25 discretion in designating a supervisor." 1 Since I'm reading it, I will 2 also say at that point that it is done in 3 other categories. 4 "This appointment is intended 5 to reflect extraordinary performance on the 6 part of the supervisor, detective squad or 7 those who have supervised units with heavy 8 complex and demanding case loads." 9 My point, in response to that, 10 is if they're prepared to put this person in 11 that category for a full year and a half, they 12 should be prepared to reimburse them for those 13 additional responsibilities. 14 They also say that, 15 "Furthermore, the other sergeants," they're 16 saying that the other sergeants with the 17 police department, not in investigatory 18 pursuits do not get that. I'll be glad to put 19 in a bill to do that on the next session and 20 try to remedy that inequity. 21 SENATOR PATERSON: O.K. Thank 22 you, Senator. 23 ACTING PRESIDENT MEIER: 24 Senator Paterson? Senator Leichter. 25 SENATOR LEICHTER: Yes, Mr. 1 President, if Senator Maltese would yield. 2 ACTING PRESIDENT MEIER: 3 Senator yields. 4 SENATOR LEICHTER: Senator, 5 yesterday I believe you voted for Senator 6 Rath's Constitutional Amendment against 7 unfunded mandates in the amount of $20,000 or 8 more, did you not? 9 SENATOR MALTESE: Yes,I did, 10 Mr. President. 11 SENATOR LEICHTER: And now you 12 come before us with a bill that imposes a 13 clear mandate on the city of New York. I'm - 14 I'm shocked at this contradiction. 15 SENATOR MALTESE: Well, Mr. 16 President, they say sometimes consistency is 17 the indication of small -- people with small 18 minds. I wouldn't be accused of either 19 consistency or having a small mind. 20 SENATOR LEICHTER: Well, 21 Senator, I would agree with you on both 22 counts, but if -- in all seriousness, it's not 23 only the matter of the unfunded mandates, and 24 I think we made the point yesterday that there 25 are going to be times and occasions when this 1 Legislature is going to want to impose 2 unfunded mandates because we're legislating 3 for all the people of the state of New York, 4 but that's not the case here. 5 This is the sort of unfunded 6 mandate that, frankly, I would certainly 7 support having some prohibition on because 8 here we're interfering with the city of New 9 York in the administration of its police 10 department. 11 Now, I may agree with Senator 12 Maltese that maybe this is something that the 13 city of New York ought to do, but that's for 14 the city of New York to decide. I mean it's 15 just wrong for this Legislature to interfere 16 with the administration of the police 17 department, to tell the city of New York how 18 it has to spend money if -- to impose its 19 judgment upon that of the police 20 commissioner. 21 These are really the sort of 22 things that we just should not do. It's not 23 only a matter of unfunded mandate. It's a 24 matter of it's a gross violation of home rule 25 and over the years that I've been here, 1 there's always been this tendency by some of 2 my colleagues who want to tell the city police 3 department how it ought to be managed, and 4 I've said to them, I remember saying it to 5 Senator Schermerhorn, Why don't you apply to 6 be police commissioner in New York City? He 7 might have made an excellent police 8 commissioner. 9 But it's not our duty as 10 legislators to tell New York City how it's 11 going to manage its police department. It's 12 not the sort of bill that we should do, 13 Senator Maltese. 14 ACTING PRESIDENT MEIER: There 15 is a home rule message at the desk. Read the 16 last section. 17 THE SECRETARY: Section 3. 18 This act shall take effect on the 180th day. 19 ACTING PRESIDENT MEIER: Call 20 the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 53, nays 24 one, Senator Leichter recorded in the 25 negative. 1 ACTING PRESIDENT MEIER: The 2 bill is passed. 3 SENATOR SKELOS: Mr. 4 President. 5 ACTING PRESIDENT MEIER: 6 Senator Skelos. 7 SENATOR SKELOS: Yes, Mr. 8 President. Senator Leichter has returned from 9 the Finance Committee, so would you take up 10 Calendar Number 1374, by Senator Saland. 11 ACTING PRESIDENT MEIER: 12 Secretary will read Calendar Number 1374. 13 THE SECRETARY: Calendar Number 14 1374, by Senator Saland, Senate Print 7388-B, 15 an act to amend the Tax Law and the General 16 Municipal Law. 17 SENATOR LEICHTER: Explanation. 18 ACTING PRESIDENT MEIER: 19 Senator Saland, an explanation has been 20 requested by Senator Leichter of Calendar 21 1374. 22 SENATOR SALAND: Mr. President, 23 as we're well aware, there are a number of 24 economic development zones, so-called EDZs, 25 throughout New York State. I believe they 1 currently number some 40. In response to - 2 to some suggestions made by a group of the 3 zone coordinators of these EDZs, this proposed 4 legislation attempts to provide greater 5 flexibility to the -- to those respective 6 economic development zones. 7 For instance, one of the first 8 proposals contained therein would say that the 9 $100,000 cap on investments or contributions 10 by a taxpayer which can be made to any of the 11 three categories of zone capital credit - 12 credit program would have that $100,000 13 limitation removed, keeping, however, the 14 total $300,000 cap for the combination of 15 those three entities within the program at the 16 same level, the current $300,000 level. 17 Again, what's being sought here 18 is flexibility, the ability for people at the 19 local level who are trying to enhance economic 20 development within these respective zones, to 21 in effect have a greater say in how these 22 credits shall be taken or allocated, the 23 feeling being that those zones that are - 24 that are working, and certainly in the case of 25 the Poughkeepsie/Dutchess County Economic 1 Development Zone, it's been a model of sorts 2 of successful zones, and I believe what would 3 happen under this proposal as enacted, there 4 would be yet additional eeconomic development 5 within the zones providing, subject to the 6 limitations still contained within the bill, 7 again the much needed flexibility. 8 SENATOR LEICHTER: Mr. 9 President. 10 ACTING PRESIDENT MEIER: 11 Senator Leichter. 12 SENATOR LEICHTER: If Senator 13 Saland will yield. 14 ACTING PRESIDENT MEIER: 15 Senator Saland, do you yield for a question? 16 SENATOR SALAND: Yes, Mr. 17 President. 18 ACTING PRESIDENT MEIER: 19 Senator yields. 20 SENATOR LEICHTER: Yes, 21 Senator. In the fiscal implication section of 22 your memo, you say that there will be some 23 loss to the state initially, and then you make 24 this possibly optimistic forecast that, in the 25 future, this will bring in more money. 1 SENATOR SALAND: And that is 2 truly, Senator Leichter, what it's based upon 3 because right now these credits are not being 4 accessed as readily as we would like, so much 5 of these credits go unused and we believe the 6 greater flexibility will provide greater 7 access, greater use of the credit and, in 8 turn, by greater use of the credits there 9 could be some fiscal implications to the 10 state, nothing we consider to be monumental, 11 intended in the original legislation, but 12 never really, in fact, fully absorbed. It's 13 more of the utility of the credit than 14 anything else, Senator Leichter. 15 SENATOR LEICHTER: Right. 16 Senator, am I also correct that this bill 17 limits or, I'm sorry, I should say removes the 18 limitation as to family members of a 19 particular corporation or entity that invests 20 in these credits? 21 SENATOR SALAND: The answer to 22 the question would be yes. The -- the bill 23 would authorize a credit for investment by 24 family members. 25 SENATOR LEICHTER: And why are 1 you eliminating the prohibition that we 2 initially wrote into the law? 3 SENATOR SALAND: Again, to try 4 -- to try and encourage greater investment, 5 to try to encourage, in effect, greater use of 6 the economic development zones. Some are 7 being used and being used well, but I think 8 their current record is somewhat checkered and 9 we'd like to, in effect, expand the 10 utilization of the economic development 11 zones. 12 SENATOR LEICHTER: Well, just 13 so - 14 SENATOR SALAND: And I might 15 add that what occurs very often particularly 16 with smaller businesses and minority-owned 17 businesses, the -- the ability to reach out to 18 people on a personal level, family members, 19 sometimes is necessary in order to get some 20 capital involved in your enterprise. 21 SENATOR LEICHTER: Mr. 22 President, if Senator Saland will continue to 23 yield. 24 ACTING PRESIDENT MEIER: 25 Senator Saland, do you continue to yield? 1 SENATOR SALAND: Yes, Mr. 2 President. 3 ACTING PRESIDENT MEIER: 4 Senator yields. 5 SENATOR LEICHTER: I think 6 that, in regard to minority-owned businesses 7 where, as we know there isn't generally that 8 access or availability to capital within 9 families, I don't think that removing that 10 restriction is of any assistance or affects 11 that. I think it unquestionably does provide 12 greater credits to family members who now are 13 -- under your bill would be able to invest in 14 these zones, but my question to you really is 15 that the -- that the zones, I agree with you, 16 have had a checkered rate of success. There 17 are many reasons for that, but I don't believe 18 that the main reason is that there hasn't been 19 sufficient inducement or incentives for 20 capital as far as tax benefits are concerned. 21 It usually, I think, deals more with basic 22 economic conditions, transportation, other 23 costs, work force, and so on. 24 My -- my concern, Senator, is 25 that without it -- really having studied it 1 and I don't know whether we have a memorandum 2 by ESD, our Economic Development Department, 3 supporting this or saying we really need this 4 to get these economic development zones going, 5 whether we're not just opening ourselves to a 6 loss of revenue to the state of New York. 7 SENATOR SALAND: Again, Senator 8 Leichter, the loss of revenue would not be of 9 any large consequence and would be through the 10 utilization of what are currently -- currently 11 amounts to unused credits. 12 This bill comes to me, as I 13 mentioned in my opening remarks, from a group 14 of zone coordinators who identified these 15 provisions as being really necessary for them 16 to have not only flexibility which -- which I 17 indicated again a bit earlier but also to 18 encourage greater use of economic development 19 zones, and I -- as we have both acknowledged, 20 the track record of the EDZs has been 21 checkered, but with some pride I think I -- I 22 can say that the economic development zone 23 that lies within my Senate District, and this 24 is not intended as puffery, has been 25 recognized as having done really an 1 exceptional job, and is one of those that has 2 been held up almost as a model to be 3 replicated if that would be the appropriate 4 way of describing their success, and they have 5 indicated that this would be helpful for them 6 to continue their endeavors to grow jobs and 7 to sustain existing businesses. 8 SENATOR LEICHTER: Mr. 9 President, I think this was implicit in my 10 questions, but let me ask it to you directly, 11 not that I'm always one who relies upon the 12 viewpoints of ESD or Chairman Gargano, but has 13 the agency, the -- the ESD which administers 14 this program, come and said, This is what we 15 need to make the targeted zones more 16 effective? 17 SENATOR SALAND: I'm advised 18 that ESD staff has indicated their support. 19 They have not provided -- have not provided a 20 memo to that effect, and I think this is in 21 part sort of a -- more of a grass roots 22 endeavor coming from the people in the field, 23 but with the support of ESD. 24 SENATOR LEICHTER: Well, is it 25 -- Senator Saland. 1 SENATOR SALAND: Let me just, 2 not necessarily the formalized report because 3 I do not have a memo. 4 SENATOR LEICHTER: Senator 5 Saland. 6 ACTING PRESIDENT MEIER: 7 Senator Leichter, do you wish Senator Saland 8 to yield for another question? 9 SENATOR LEICHTER: Yes, Mr. 10 President. 11 ACTING PRESIDENT MEIER: 12 Senator Saland, do you yield? 13 SENATOR SALAND: Yes, Mr. 14 President. 15 ACTING PRESIDENT MEIER: 16 Sponsor yields. 17 SENATOR LEICHTER: Senator, 18 what concerns me, if I understand it, these 19 credits that are being given and we're now 20 authorizing the credits to be expanded, that 21 decision is made by the local -- that decision 22 is made by the local economic targeted zone; 23 is that correct? 24 SENATOR SALAND: I'm not sure 25 if we're -- that you're correct in saying that 1 the credits are being expanded. We're 2 expanding access to the credits. I don't 3 believe we're -- we're saying that we're 4 creating new categories of credits. Again 5 through the flexibility, what we're attempting 6 to do is get people to use the credits more 7 extensively. 8 SENATOR LEICHTER: Right. I 9 think you've stated it more precisely than I 10 did, and I accept that, but the net result is 11 that there will be tax credits available that 12 are not currently available. I think we can 13 agree on that. 14 SENATOR SALAND: I would phrase 15 it a little differently. I would just say 16 there are tax credits that may be used that 17 are not currently being used. 18 SENATOR LEICHTER: Well - 19 SENATOR SALAND: Or the credits 20 are currently available, let's say, in 21 different denominations. 22 SENATOR LEICHTER: O.K. 23 SENATOR SALAND: And what we're 24 saying is through greater flexibility, they 25 will probably be accessed to a greater extent. 1 SENATOR LEICHTER: Right, that 2 determination as to whether to give the tax 3 credit is made locally, is it not? 4 SENATOR SALAND: Yes. 5 SENATOR LEICHTER: And however, 6 the loss of revenue is felt by all the people 7 of the state of New York, is it not? 8 SENATOR SALAND: At all levels, 9 correct. 10 SENATOR LEICHTER: Right, and I 11 expect it's very much like IDA, where a local 12 decision is made. IDA financing and the state 13 of New York pays for it, but we have nothing 14 to say in the decision, isn't that correct? 15 SENATOR SALAND: I'm sorry. I 16 didn't hear your comments. 17 SENATOR LEICHTER: Well, when 18 you have an IDA financing which, as you know, 19 includes certain state tax benefits, sales tax 20 and other things, there's a loss of revenue to 21 the state of New York. That decision is made 22 locally but it affects the entire state of New 23 York. 24 SENATOR SALAND: I'm having 25 enough difficulty dealing with your questions 1 on EDZs without making myself a maven on 2 IDAs. 3 SENATOR LEICHTER: Well, Senator 4 Saland - 5 ACTING PRESIDENT MEIER: 6 Senator Leichter, do you wish Senator Saland 7 to - 8 SENATOR LEICHTER: Yes, Senator 9 Saland. 10 ACTING PRESIDENT MEIER: Do you 11 continue to yield, Senator Saland? 12 SENATOR SALAND: Yes, I do. 13 ACTING PRESIDENT MEIER: The 14 Senator yields. 15 SENATOR LEICHTER: I think 16 that's the concern and the problem that we've 17 made these credits available, but really the 18 state of New York which provides the credit 19 doesn't have the ultimate say about how 20 they're going to be used, when they're going 21 to be used, and that's -- that's my concern. 22 SENATOR SALAND: Well, the 23 reality, Senator Leichter, at least to my 24 knowledge, is that again I'll allude to what I 25 said before about the checkered results with 1 these, using the EDZ in my district as an 2 example, during the 1997 year there were some 3 60 businesses that were certified to be in the 4 program, and they added some 510 full-time 5 jobs so if, in fact, there was some additional 6 cost to the state by accessing any credit 7 during the course of that problem, the state 8 still was a major gainer, because those 510 9 jobs generated a considerable amount of 10 revenue simply through the ability to derive 11 income tax revenues from those 510 jobs as 12 well as any other revenues that the various 13 communities may have received by people now 14 being employed in the communities through 15 sales tax or any business taxes that may have 16 inured to the benefit of the community. 17 So that to me goes -- I think 18 what we're basically talking about is two 19 distinctly different approaches to the entity 20 itself. The -- my approach would be that yes, 21 it is costing the state some money, but it's 22 state -- it's money that the state, in 23 creating this -- this system, and this spans 24 more than this governor; goes back to prior 25 governors -- was attempting to encourage 1 economic development knowing that, in the 2 course of spending some money, whether it be 3 through tax credits or sales tax breaks or any 4 of the other breaks that apply in these 5 districts, that they were going to foster job 6 development, economic development, and the 7 overall impact would be a net gain and hope 8 fully a considerable net gain to the treasury 9 of the state of New York and surrounding - 10 and including the communities. 11 SENATOR LEICHTER: Mr. 12 President -- thank you very much, Senator 13 Saland. As always, you've put forward a strong 14 argument for your bill, not strong enough for 15 me, but -- but I suspect for most of the other 16 members, because I -- my years here I've found 17 if you get up and you say this is good for 18 economic development, you can pass almost 19 every -- almost anything, and I understand the 20 logic behind what Senator Saland is saying and 21 we try to induce greater economic activity by 22 giving tax credits. 23 I was never a big fan of these 24 targeted economic zones and, as Senator Saland 25 admits, their achievement and record has been 1 mixed because I think there's a limit really 2 to what tax credits do. There are so many 3 more important considerations for businesses 4 in deciding where to site their -- their 5 facilities; but my concern with this is -- and 6 it is related to the IDA -- we created the IDA 7 system with the best of intention. Then we 8 found out that both our localities and the 9 state of New York were losing a great deal of 10 money that was being determined locally by 11 people whose interests sometimes tended to be 12 very parochial and very selfish, and the same 13 problem, the same risks, exist here. 14 Now, when we set up this 15 program, we put a limit of $100,000 on these 16 credits. We also said, we're not going to 17 allow family members to -- to access into this 18 program. Senator Saland is eliminating this 19 with the best of intentions saying, "I want to 20 bring more capital in and maybe that will get 21 some of these zones working more 22 effectively." 23 My concern is, and why I'm 24 going to vote against the bill, is because I 25 don't think it gives the state of New York 1 sufficient say over its own revenue, and 2 while, as I've said, I have some problems with 3 UD... and you know I've been critical of UDC, 4 but at least I'd like to see some state 5 involvement before we authorize the use of 6 state funds, and that's really what's involved 7 here and, for that reason, I'm going to vote 8 against it. 9 ACTING PRESIDENT MEIER: Read 10 the last section. 11 THE SECRETARY: Section 6. 12 This act shall take effect in 60 days. 13 ACTING PRESIDENT MEIER: Call 14 the roll. 15 (The Secretary called the 16 roll. ) 17 THE SECRETARY: Ayes 57. 18 ACTING PRESIDENT MEIER: The 19 bill is passed. Wait a minute. Hold it. 20 THE SECRETARY: In relation to 21 Calendar 1374, ayes 56, nays one, Senator 22 Leichter recorded in the negative. 23 ACTING PRESIDENT MEIER: The 24 bill is still passed. 25 Secretary will continue to read 1 the calendar. 2 THE SECRETARY: Calendar Number 3 1385, substituted earlier today, by member of 4 the Assembly Vitaliano, Assembly Print 5534-A, 5 an act to amend the Education Law, and the 6 Administrative Code of the city of New York. 7 ACTING PRESIDENT MEIER: Lay 8 that bill aside temporarily. 9 Senator Skelos. 10 SENATOR SKELOS: Could you 11 please return to Calendar Number 1381. 12 ACTING PRESIDENT MEIER: 13 Secretary will read Calendar Number 1381. 14 THE SECRETARY: Calendar Number 15 1381, by Senator Skelos, Senate Print 317-C, 16 an act to amend the Insurance Law, in relation 17 to policy coverage. 18 ACTING PRESIDENT MEIER: 19 Senator Leichter, why do you rise? 20 SENATOR LEICHTER: Yes, I was 21 going to ask for an explanation, and then I 22 was going to ask a question of Senator Skelos. 23 ACTING PRESIDENT MEIER: 24 Senator Skelos, Senator Leichter is requesting 25 an explanation of Calendar Number 1381. 1 SENATOR SKELOS: Mr. President, 2 this bill would prevent the refusal to issue 3 or renew any policy of life or non-cancelable 4 disability insurance solely on the basis of 5 the results of genetic testing for cancer or 6 because an individual has had any type of 7 cancer. 8 Presently, this legislation 9 which passed the Senate, I believe in 1997, 10 actually is the law. We have a law that 11 relates just to breast cancer, and this would 12 extend it to all cancers and also to the 13 genetic testing aspect of it. 14 SENATOR LEICHTER: Mr. 15 President, if Senator Skelos would yield. 16 ACTING PRESIDENT MEIER: 17 Senator Skelos, do you yield to a question? 18 SENATOR SKELOS: Yes. 19 ACTING PRESIDENT MEIER: 20 Senator yields. 21 SENATOR LEICHTER: Yes, 22 Senator, I support this. I'm just concerned, 23 language in here which maybe what it gives 24 with the left hand it takes away with the 25 right hand because it says that relying on 1 genetic testing, so on, is prohibited, but 2 then you say "*** unless the action is based 3 upon sound actuarial experience or is related 4 to actual or reasonably anticipated 5 experience." 6 Wouldn't that allow an 7 insurance company to say, Well, we believe 8 it's reasonable to expect that somebody who 9 has genetic predilections to cancer is likely 10 to develop it and we're not going to insure 11 them? 12 SENATOR SKELOS: Senator 13 Leichter, you're partially correct. It's my 14 understanding in other areas of law that 15 involve insurance, there is this type of 16 language, but you are absolutely correct that 17 there is this potential, but we believe the 18 legislation as drafted will protect 19 individuals with cancer and with the genetic 20 testing bill. 21 SENATOR LEICHTER: Well, 22 Senator, if you would yield for one more 23 question. 24 ACTING PRESIDENT MEIER: 25 Senator Skelos, do you yield for another 1 question? 2 SENATOR SKELOS: Yes, I do. 3 ACTING PRESIDENT MEIER: 4 Senator yields. 5 SENATOR LEICHTER: Senator, 6 couldn't we take out that limitation? I mean 7 I think that's a fairly large loophole for an 8 insurance company to defeat what is the very 9 laudable purpose of your bill. 10 SENATOR SKELOS: Something we 11 could look at next year, Senator Leichter. 12 SENATOR LEICHTER: O.K. 13 Mr. President, just -- I thank 14 Senator Skelos. 15 ACTING PRESIDENT MEIER: 16 Senator Leichter, on the bill. 17 SENATOR LEICHTER: I mean, 18 certainly I'm going to vote for it and don't 19 urge anybody to vote for it, but I think we've 20 got to be careful about going out and telling 21 the world, Look what we've done to try to 22 provide insurance coverage for people who 23 might not get it when, in point of fact, the 24 law or this bill is so written, as Senator 25 Skelos very candidly and very honorably 1 concedes, that insurance companies have a 2 great latitude to ignore the very direction 3 that we're trying to give them not to 4 discriminate against people who may 5 genetically test for cancer. 6 So let's pass this, but I think 7 we have a job to do to really provide the 8 protection that Senator Skelos and all of us 9 want to give. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 3. 13 This act shall take effect on the 180th day. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll. ) 18 THE SECRETARY: Ayes 57. 19 ACTING PRESIDENT MEIER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1385, substituted earlier today, by member of 23 the Assembly Vitaliano, Assembly Print 5534-A, 24 an act to amend the Education Law, and the 25 Administrative Code of the city of New York. 1 ACTING PRESIDENT MEIER: 2 Senator Paterson. 3 SENATOR PATERSON: Might we lay 4 that aside just for a moment for Senator 5 Dollinger, who I believe is in Finance. 6 ACTING PRESIDENT MEIER: 7 Secretary will lay it aside temporarily. 8 I'm sorry. Senator Trunzo. 9 SENATOR TRUNZO: Yes, sir. 10 ACTING PRESIDENT MEIER: 11 Senator Paterson has requested that Calendar 12 1385 be laid aside temporarily. 13 SENATOR TRUNZO: May I ask why? 14 ACTING PRESIDENT MEIER: He's 15 waiting for Senator Dollinger who requested an 16 explanation. 17 SENATOR TRUNZO: Oh, Dollinger? 18 Fine. Lay it aside temporarily. 19 SENATOR PATERSON: Mr. 20 President, Senator Dollinger is in the Finance 21 Committee, and my feeling is if it slows the 22 process up because a member is not in the 23 chamber, I can understand that because each of 24 us has a fair opportunity to be here, and 25 we're all supposed to be here, but when a 1 member is actually in a committee that's 2 called off the floor, it makes it very 3 difficult for the member to debate the bill 4 and keep the attendance in the committee. 5 ACTING PRESIDENT MEIER: And 6 the Chair also cites the Leichter rule of 7 inability to be in two places at once. 8 Secretary will continue to read 9 the calendar. 10 THE SECRETARY: Calendar Number 11 1389, substituted earlier today, by member of 12 the Assembly Vitaliano, Assembly Print 6946-A, 13 an act to amend the Civil Service Law, in 14 relation to the placement. 15 ACTING PRESIDENT MEIER: 16 Senator Paterson. 17 SENATOR PATERSON: May we have 18 an explanation. 19 SENATOR MARCELLINO: Mr. 20 President, may we lay that bill aside 21 temporarily because Senator Stafford is 22 chairing the Finance Committee. 23 ACTING PRESIDENT MEIER: We'll 24 lay the bill aside temporarily. 25 THE SECRETARY: Calendar Number 1 1390, by Senator Spano, Senate Print 5573-A, 2 an act to amend the General Municipal Law, in 3 relation to bureaus. 4 ACTING PRESIDENT MEIER: Lay 5 the bill aside temporarily. 6 Secretary will continue to 7 read. 8 Calendar Number 1390, read the 9 last section. 10 SENATOR MARCELLINO: I thought 11 you laid it aside temporarily. 12 ACTING PRESIDENT MEIER: The 13 bill will be laid aside temporarily at the 14 request of the Acting Majority Leader. 15 THE SECRETARY: Calendar Number 16 1391, by Senator Skelos, Senate Print 5949-A, 17 an act to amend the Correction Law and the 18 Executive Law. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 THE SECRETARY: Section 3. 22 This act shall take effect on the 21st day of 23 January. 24 ACTING PRESIDENT MEIER: Call 25 the roll. 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 57. 4 ACTING PRESIDENT MEIER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1392. 8 ACTING PRESIDENT MEIER: 9 Senator Paterson, why do you rise? 10 SENATOR PATERSON: Mr. 11 President, just a moment ago Calendar Number 12 1389 was laid aside because the chair of the 13 Finance Committee is not here. We don't have 14 a problem with Calendar Number 1389. It was 15 apparently inadvertently laid aside earlier. 16 SENATOR MARCELLINO: Mr. 17 President, in light of that comment, may we 18 return back to 1389 and read the last 19 section. 20 ACTING PRESIDENT MEIER: 21 Secretary -- excuse me. Calendar -- the 22 Secretary will read Calendar 1389. 23 THE SECRETARY: Calendar Number 24 1389, substituted earlier today, by member of 25 the Assembly Vitaliano, Assembly Print 6946-A, 1 an act to amend the Civil Service Law. 2 ACTING PRESIDENT MEIER: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of 6 January. 7 ACTING PRESIDENT MEIER: Call 8 the roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Ayes 57. 12 ACTING PRESIDENT MEIER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1392, by Senator Skelos, Senate Print 6201, an 16 act to amend the Domestic Relations Law and 17 the Penal Law. 18 ACTING PRESIDENT MEIER: Read 19 the last section. 20 THE SECRETARY: Section 4. This 21 act - 22 SENATOR MARCELLINO: Lay that 23 bill aside temporarily. 24 ACTING PRESIDENT MEIER: Lay 25 the bill aside temporarily. 1 THE SECRETARY: Calendar Number 2 1393, by Senator Rath, Senate Print 6284-B, an 3 act to amend the Real Property Tax Law, in 4 relation to clarifying. 5 ACTING PRESIDENT MEIER: Read 6 the last section. 7 THE SECRETARY: Section 9. 8 This act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call 10 the roll. 11 (The Secretary called the 12 roll. ) 13 THE SECRETARY: Ayes 57. 14 ACTING PRESIDENT MEIER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1402, substituted earlier today, by the 18 Assembly Committee on Rules, Assembly Print 19 10858-A, an act to amend the Social Services 20 Law. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 THE SECRETARY: Section - 24 ACTING PRESIDENT MEIER: 25 Senator Paterson, why do you rise? 1 SENATOR PATERSON: I'm sorry, 2 Mr. President. May we have an explanation on 3 this bill? 4 ACTING PRESIDENT MEIER: 5 Senator Holland, an explanation has been 6 requested by Senator Paterson. 7 SENATOR PATERSON: No, wait, 8 Mr. President. Senator Montgomery does not 9 have a problem with this bill any longer, Mr. 10 President. This bill is fine; it's great. 11 ACTING PRESIDENT MEIER: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect December 31. 15 ACTING PRESIDENT MEIER: Call 16 the roll. 17 (The Secretary called the 18 roll. ) 19 THE SECRETARY: Ayes 57. 20 ACTING PRESIDENT MEIER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1405, by Senator Leibell, Senate Print 7189, 24 an act to amend the New York City Charter. 25 ACTING PRESIDENT MEIER: There 1 is a home rule message at the desk. Read the 2 last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll. ) 9 ACTING PRESIDENT MEIER: 10 Senator Paterson, why do you rise? 11 SENATOR PATERSON: This is laid 12 aside by Senator Leichter. Well, it didn't 13 help that he walked in here with a bagel and a 14 tea before, but he really is in Finance, Mr. 15 President. 16 ACTING PRESIDENT MEIER: Lay 17 the bill aside at the request of the Deputy 18 Minority Leader. 19 Secretary will continue to 20 read. 21 THE SECRETARY: Calendar Number 22 1407, by Senator Padavan, Senate Print 7410, 23 an act to amend the Retirement and Social 24 Security Law, in relation to authorizing. 25 SENATOR PATERSON: Explanation, 1 Mr. President. 2 ACTING PRESIDENT MEIER: 3 Senator Padavan, an explanation has been 4 requested of Calendar 1407 by Senator 5 Paterson. 6 SENATOR PADAVAN: Mr. President, 7 what this bill does is correct an inequity 8 that exists in current law dealing with the 9 process that allows people who are members of 10 certain systems to have an administrative 11 review of a denial of an accident and/or 12 disability retirement application by a special 13 committee. 14 Currently, that opportunity 15 exists for Tier I and Tier II employees. It 16 does not exist for Tier III and Tier IV 17 employees of the New York City Employees' 18 Retirement System. We wish to extend that 19 right really for equity's sake and none 20 other. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 SENATOR GENTILE: Mr. 24 President. 25 ACTING PRESIDENT MEIER: 1 Senator Gentile, why do you rise? 2 SENATOR GENTILE: I believe 3 there's an amendment at the desk. 4 ACTING PRESIDENT MEIER: Yes, 5 there is. 6 SENATOR GENTILE: I'd ask that 7 you waive the reading and allow to explain. 8 ACTING PRESIDENT MEIER: The 9 reading is waived and you're recognized for 10 the purpose of explaining your amendment. 11 SENATOR GENTILE: Thank you, 12 Mr. President. 13 I want to congratulate Senator 14 Padavan for introducing legislation which 15 really extends the due process rights for Tier 16 III and Tier IV employees of the New York City 17 Retirement System. 18 My amendment, Mr. President, 19 would actually do the same, would extend the 20 due process rights to New York City 21 Firefighters with accidental disability 22 claims, and it is -- it is in keeping with 23 Senator Padavan's concern over extending the 24 due process rights to the Tier III and Tier IV 25 employees. 1 Presently, Mr. President, acci 2 dental disability determinations for New York 3 City firefighters are currently made by the 4 Board of Trustees of the Fire Department 5 Pension Fund, and that determination is based 6 on information and recommendations made by the 7 fund's medical board. Injured workers 8 currently, injured firefighters, have no 9 opportunity to review and challenge that 10 information that is made -- that constitutes 11 the decision of the board. If the Board of 12 Trustees is split on the question of 13 accidental disability for firemen, that 14 applicant is retired on an ordinary disability 15 pension which is a smaller benefit package, 16 and then the firefighter is relegated to the 17 court system to appeal that decision. 18 Certainly Senator Padavan's 19 amendment is to avoid the court process for 20 Tier III and Tier IV employees. My amendment 21 to Senator Padavan's bill also has the goal of 22 avoiding the court process and providing a 23 more efficient and more direct administrative 24 review for New York City firefighters. 25 It would allow them now to 1 present witnesses and to present evidence to a 2 hearing provided by the Board of Trustees of 3 the City Fire Department Pension Fund, 4 something which doesn't exist right now and 5 this also, Mr. President, is in keeping with 6 the rights and the due process rights that 7 firefighters everywhere else in the state of 8 New York currently have affordable to them - 9 afforded to them; for example, firefighters 10 outside of the City are entitled to a hearing 11 with the state Comptroller when the state 12 Comptroller's determination on their 13 application for accidental disability is 14 denied. The hearing is afforded to them under 15 the Retirement and Social Security Law, and is 16 similar to the provisions now I'm suggesting 17 we institute for New York City firefighters. 18 I think this is something we 19 owe them, something that will help the system 20 operate more efficiently. It's in keeping 21 with Senator Padavan's goals under the 22 legislation he's providing, so I ask that we 23 make this a package and make this amendment to 24 Senator Padavan's bill. 25 ACTING PRESIDENT MEIER: 1 Question is on the amendment. All those in 2 favor of the amendment signify by saying aye. 3 SENATOR ONORATO: Party vote in 4 the affirmative. 5 SENATOR MARCELLINO: Party vote 6 in the negative. 7 ACTING PRESIDENT MEIER: 8 Secretary will call the roll. 9 (The Secretary called the 10 roll. ) 11 THE SECRETARY: Ayes 23, nays 12 34, party vote. 13 ACTING PRESIDENT MEIER: The 14 amendment fails. 15 Read the last section. 16 THE SECRETARY: Section 3. 17 This act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT MEIER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 1409, by Senator Trunzo, Senate Print 7474, an 2 act to amend the Local Finance Law, in 3 relation to providing. 4 SENATOR MARCELLINO: Lay the 5 bill aside temporarily. 6 ACTING PRESIDENT MEIER: Lay 7 the bill aside temporarily. 8 SENATOR MARCELLINO: Mr. 9 President. 10 ACTING PRESIDENT MEIER: Just a 11 second. We want to clean up the record here. 12 For the purposes of the record, there was a 13 home rule message at the desk for 1407, Senate 14 Print 7410. 15 Secretary will continue to 16 read. 17 THE SECRETARY: Calendar Number 18 1411, by the Senate Committee on Rules. 19 ACTING PRESIDENT MEIER: 20 Senator Marcellino. 21 SENATOR MARCELLINO: The next 22 four bills, I'm told that are on the lay aside 23 calendar are under the LL rule, Leichter lay 24 aside rules, and since he is not available, 25 we're trying to accommodate laying those bills 1 aside temporarily. 2 ACTING PRESIDENT MEIER: O.K. 3 For the purpose of keeping the record clear, 4 why don't we let the Secretary read and why 5 don't you indicate the ones you're requesting 6 to lay aside. 7 Secretary will continue to read 8 the calendar. 9 SENATOR MARCELLINO: Here he 10 is. Oh, hold it. We can lay aside the 11 Leichter lay aside law temporarily, of 12 course. 13 ACTING PRESIDENT MEIER: 14 Whatever that means, so ordered. 15 Secretary will continue to read 16 the calendar. 17 THE SECRETARY: Calendar Number 18 1411, by the Senate Committee on Rules, Senate 19 Print 7548-A, an act to amend the 20 Administrative Code of the city of New York. 21 ACTING PRESIDENT MEIER: 22 There's a home rule message at the desk. 23 SENATOR LEICHTER: Explanation, 24 please. 25 ACTING PRESIDENT MEIER: 1 Senator Trunzo, an explanation has been 2 requested by Senator Leichter. 3 SENATOR TRUNZO: Mr. President, 4 what this bill does is it provides for the 5 transfer of reserve funds from the New York 6 City Fire Department Pension Fund to the New 7 York City Firefighters Pension Fund when a 8 police officer becomes a fireman or fireman 9 becomes a police officer, whichever way, so 10 that funds pertaining to that individual are 11 transferred to the proper pension reserve 12 system. 13 SENATOR LEICHTER: May I just 14 ask Senator Trunzo a question? 15 ACTING PRESIDENT MEIER: 16 Senator Trunzo, do you yield to a question? 17 SENATOR TRUNZO: Yes. 18 ACTING PRESIDENT MEIER: The 19 Senator yields. 20 SENATOR LEICHTER: Is this 21 being enacted with any one particular person 22 in mind? 23 SENATOR TRUNZO: No, this is a 24 general - 25 SENATOR LEICHTER: Generic 1 thing. 2 SENATOR TRUNZO: General - 3 generic thing because the present law doesn't 4 permit that to happen in the police fund, to 5 be transferred to the fire pension fund. 6 SENATOR LEICHTER: No 7 objection. 8 SENATOR TRUNZO: Last section. 9 ACTING PRESIDENT MEIER: Read 10 the last section. 11 THE SECRETARY: Section 3. 12 This act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call 14 the roll. 15 (The Secretary called the 16 roll. ) 17 THE SECRETARY: Ayes 57. 18 ACTING PRESIDENT MEIER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1412, by Senator Holland, Senate Print 7571, 22 an act to amend the Education Law, in relation 23 to extending. 24 SENATOR MARCELLINO: Mr. 25 President, lay that bill aside temporarily. 1 ACTING PRESIDENT MEIER: Lay 2 the bill aside temporarily. 3 THE SECRETARY: Calendar Number 4 1414, by Senator Balboni, Senate Print 7614, 5 an act to permit the sale or lease of Pond 6 View Homes. 7 SENATOR MARCELLINO: Lay that 8 aside temporarily at the request of the 9 sponsor. 10 ACTING PRESIDENT MEIER: Lay it 11 aside temporarily at the request of the 12 sponsor. 13 THE SECRETARY: Calendar Number 14 1415, by Senator Alesi, Senate Print 7633, an 15 act to amend the Local Finance Law, in 16 relation to establishing. 17 SENATOR MARCELLINO: Lay it 18 aside temporarily. 19 ACTING PRESIDENT MEIER: Lay 20 the bill aside temporarily. 21 SENATOR MARCELLINO: Mr. 22 President. 23 ACTING PRESIDENT MEIER: 24 Senator Marcellino. 25 SENATOR MARCELLINO: May we 1 return to Calendar 1409, please. 2 ACTING PRESIDENT MEIER: 3 Secretary will read Calendar Number 1409. 4 THE SECRETARY: Calendar Number 5 1409, by Senator Trunzo, Senate Print 7474, an 6 act to amend the Local Finance Law. 7 ACTING PRESIDENT MEIER: 8 There's a home rule message at the desk. 9 SENATOR LEICHTER: Explanation. 10 ACTING PRESIDENT MEIER: 11 Senator Trunzo, an explanation has been 12 requested by Senator Leichter of Calendar 13 1409. 14 SENATOR TRUNZO: Mr. President, 15 what this bill does, under the retirement 16 incentive program that was passed in 1995 and 17 1997, the county of Suffolk must pay to the 18 state unamortized costs at an interest rate of 19 eight and a half percent. They want to go out 20 on bonding because they can bond it on their 21 own at six percent to pay back the system and 22 as a result saving $750,000 for the county in 23 interest payments. 24 SENATOR LEICHTER: Mr. 25 President, would Senator Trunzo yield? 1 SENATOR TRUNZO: Yes. 2 ACTING PRESIDENT MEIER: 3 Senator Trunzo. Do you yield for a question? 4 Senator yields. 5 SENATOR LEICHTER: Senator, my 6 understanding that other counties throughout 7 the state were all caught in this situation 8 where these paybacks had to be made to the 9 pension fund; is that correct? 10 SENATOR TRUNZO: Yes. 11 SENATOR LEICHTER: Where are 12 we? If this is good for Suffolk County, why 13 isn't it good for Nassau? 14 SENATOR TRUNZO: They haven't 15 asked for it. 16 SENATOR LEICHTER: Excuse me? 17 SENATOR TRUNZO: They haven't 18 asked for it. Evidently they don't want to 19 make the change. For Suffolk County, the 20 bonding would give them a six percent rate 21 and, therefore, they want to save $750,000. 22 But some counties, I understand some counties 23 already did that in the past, but I don't know 24 which ones they are. 25 SENATOR LEICHTER: Mr. 1 President, if I just may, Senator Trunzo, 2 suggest this is really the sort of thing that 3 ought to be done on a statewide basis. All of 4 these counties were required, localities were 5 required to make these pension payments. I 6 don't know whether it's to the benefit of 7 other counties to do this. I imagine it would 8 be if it's a benefit to Suffolk. 9 SENATOR TRUNZO: Apparently 10 some of them did. 11 SENATOR LEICHTER: But, Senator, 12 we represent all the people of the state of 13 New York. You do a terrific job in your 14 committee, and I mean that very sincerely. 15 Why not do it statewide? They're not required 16 under this bill, but give them that latitude. 17 SENATOR TRUNZO: Well, at this 18 point, Suffolk County asked for it, and we're 19 doing it for the county. I have no problem 20 doing a statewide bill. But this bill is - 21 SENATOR LEICHTER: My point is, 22 we are not going to sit back here and say, 23 they don't ask for it, we aren't going to do 24 it. My point is we ought to be doing these 25 things on a statewide basis. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 57. 10 ACTING PRESIDENT MEIER: The 11 bill is passed. 12 SENATOR MARCELLINO: Mr. 13 President. 14 ACTING PRESIDENT MEIER: 15 Senator Marcellino. 16 SENATOR MARCELLINO: Can we go 17 back to Calendar Number 1405, please. 18 ACTING PRESIDENT MEIER: 19 Secretary will read Calendar Number 1405. 20 THE SECRETARY: Calendar Number 21 1405, by Senator Leibell, Senate Print 7189, 22 an act to amend the New York City Charter. 23 ACTING PRESIDENT MEIER: There 24 is a home rule message at the desk. 25 SENATOR LEICHTER: 1 Explanation. 2 ACTING PRESIDENT MEIER: 3 Senator Leibell, an explanation has been 4 requested of Calendar 1405, by Senator 5 Leichter. 6 SENATOR LEIBELL: Thank you, 7 Mr. President. 8 This is an act to amend the New 9 York City Charter in relation to permitting 10 fire personnel to accept other offices and to 11 repeal Section 1130 of the New York City 12 charter relating thereto. 13 Section 1 of this legislation 14 repeals Section 1130 of the City Charter, adds 15 a new Section 1130 which states that fire 16 personnel may accept other offices as long as 17 it does not interfere with his or her duty as 18 a member of the fire department. In the event 19 holding such office does interfere with his or 20 her duty to the department -- to the fire 21 department it may require such member to be on 22 a leave of absence without pay from the 23 department during the time such member holds 24 such office. 25 Currently members of the New 1 York City Fire Department are precluded from 2 holding elective office. The only exception 3 to this rule is they may be elected to a 4 community or local school board. This would 5 allow them to accept any other place of public 6 trust or elective office provided, however, 7 that the fire commissioners may require this 8 member to be on leave of absence without pay 9 from the department during the time such 10 member holds such office. 11 SENATOR LEICHTER: Mr. 12 President, if Senator Leibell will yield. 13 ACTING PRESIDENT MEIER: 14 Senator Leibell, do you yield? 15 SENATOR LEIBELL: Yes. 16 ACTING PRESIDENT MEIER: 17 Senator yields. 18 SENATOR LEICHTER: Senator 19 Leibell, I realize there is a home rule 20 message from the City Council, but has the 21 fire commissioner or the mayor of the city of 22 New York given their support to this bill? 23 SENATOR LEIBELL: No, we relied 24 on this message. We have not had any 25 communication from the mayor's office on this 1 one. 2 SENATOR LEICHTER: And you have 3 not received any memo in opposition either? 4 SENATOR LEIBELL: No, I have 5 not. 6 SENATOR LEICHTER: Mr. 7 President, my concern with this bill is I -- I 8 mean it's nice of you to come in and step out 9 and help the city of New York in changing its 10 Administrative Code, but with all due respect 11 maybe we'd be better off letting the City 12 Council do that together with the mayor than 13 doing it in this fashion, which is sort of an 14 end run and it just seems to me that the city 15 of New York ought to have the right to 16 determine its general policy as to whether 17 members of the uniformed services will be 18 allowed to hold public office. 19 I don't know, I -- frankly, I 20 don't have any problem if a fireman wants to 21 serve in the legislature or police officer or 22 sanitation officer, but it just seems to me 23 that that's a matter that ought to be 24 determined by the city of New York going 25 through its regular charter process for 1 amending the charter instead of going and 2 doing it in this fashion. Maybe -- maybe 3 there's some reason for it that you could 4 explain to me why you are amending the City 5 Charter in this fashion. 6 SENATOR LEIBELL: Well, it was 7 -- Senator, in response to your inquiry, this 8 was requested by the Independent Firefighters 9 Association and the fact is that it came to us 10 with a home rule request which was, in effect, 11 the city's acknowledgement and imprimatur on 12 us proceeding, and this does require our 13 legislative action. 14 SENATOR LEICHTER: Well, 15 Senator Leibell, if you will yield to one more 16 question. 17 ACTING PRESIDENT MEIER: 18 Senator Leibell, do you yield to another 19 question? 20 SENATOR LEIBELL: Yes. 21 ACTING PRESIDENT MEIER: 22 Senator yields. 23 SENATOR LEICHTER: But the City 24 Charter, am I not correct, can also be amended 25 by the City Council, but then it would require 1 the vote of the -- or the approval of the 2 mayor, right? They could -- they could do 3 this. 4 SENATOR LEIBELL: I'm not sure 5 whether or not they could do this. 6 SENATOR LEICHTER: Well - 7 SENATOR LEIBELL: If you're 8 sure, that's fine. All I can tell you is that 9 we have not had any communication from New 10 York City. They have not brought that to our 11 attention or requested that we not put this 12 in. In fact, we got the home rule. 13 SENATOR LEICHTER: Mr. 14 President, I -- thank you very much, Senator 15 Leibell. 16 ACTING PRESIDENT MEIER: 17 Senator Leichter, on the bill. 18 SENATOR LEICHTER: I understand 19 Senator Leibell is carrying this for an 20 association, and so on, but it's a city of New 21 York bill. It affects how the city of New 22 York governs itself. The fact that you have a 23 home rule message doesn't mean that it's gone 24 through the process that it should in the city 25 of New York where the mayor has to agree, 1 where you would have the fire commissioner 2 comment if you followed the process of 3 amending the charter in the -- in the regular 4 governmental process that exists in the city 5 of New York. 6 I just think it's a wrong thing 7 to come up here in the state Legislature, and 8 in this fashion tinker with the Administrative 9 Code of the city of New York. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll. ) 18 THE SECRETARY: Ayes 57, nays 19 one, Senator Leichter recorded in the 20 negative. 21 ACTING PRESIDENT MEIER: The 22 bill is passed. 23 SENATOR MARCELLINO: Mr. 24 President. 25 ACTING PRESIDENT MEIER: 1 Senator Marcellino. 2 SENATOR MARCELLINO: May we 3 move to Calendar Number 1427, please. 4 ACTING PRESIDENT MEIER: 5 Secretary will read Calendar 1427. 6 THE SECRETARY: Calendar Number 7 1427, by Senator Goodman, Senate Print 7687, 8 an act to amend the Tax Law, in relation to 9 corporate mergers. 10 SENATOR LEICHTER: Explanation. 11 ACTING PRESIDENT MEIER: 12 Senator Goodman, an explanation of Calendar 13 Number 1427 has been requested by Senator 14 Leichter. 15 SENATOR GOODMAN: Mr. President, 16 this is a Governor's Program bill, the purpose 17 of which is to remove from the Tax Law and the 18 Administrative Code of the City of New York 19 provisions relating to corporate acquisitions, 20 mergers and consolidations which are added by 21 Chapter 61 of the Laws of 1989. The bill 22 repeals various provisions penalizing corpor 23 ate acquisitions, mergers and consolidations, 24 would remove disincentives for otherwise 25 economically desirable corporate activities, 1 notably parent corporations headquartered in 2 New York City or in New York State would have 3 a diminished incentive to relocate due to the 4 repeal of these provisions which could nega 5 tively impact their activities relating to 6 their corporate families. In addition, since 7 these provisions have not, in practice, been 8 applicable to a large number of transactions, 9 their repeal will not have a significant im 10 pact on the revenue, although it will reduce 11 tax compliance burdens in individual cases. 12 Mr. President, I understand 13 that there may be some question in the minds 14 of the distinguished members of the Minority 15 with regard to a bill that was passed in the 16 house recently by Senator Nozzolio, and I 17 would like to have you understand that there 18 is a distinction between his bill and ours. 19 They do not overlap totally, by any means, and 20 I would like to clarify what the areas of non 21 overlap are. The Nozzolio bill passed on 22 Monday only dealt with only three portions of 23 this bill. The Nozzolio bill deleted carry 24 forwards only in regard to acquisitions, not 25 mergers and consolidations as this bill does, 1 and the Nozzolio bill does not look at how a 2 target company is looked upon by the Tax 3 Department as a subsidiary or an investment 4 income entity. Basically, therefore, the 5 Nozzolio bill does not have the comprehensive 6 coverage of this bill of which I urge passage. 7 ACTING PRESIDENT MEIER: 8 Senator Leichter. 9 SENATOR LEICHTER: If Senator 10 Goodman will yield. 11 ACTING PRESIDENT MEIER: Senator 12 Goodman, do you yield for a question? 13 SENATOR GOODMAN: I'm very 14 pleased to yield to anyone who has a full page 15 color picture in the New York Times this 16 morning. 17 SENATOR LEICHTER: Who's a 18 beatnik. Who's a beatnik. 19 SENATOR GOODMAN: I have no 20 wish to refer to such a description. It 21 certainly did not emanate from this quarter. 22 SENATOR LEICHTER: Thank you 23 very much, Senator Goodman, and thanks for 24 your explanation, and I do note that your bill 25 is much broader than Senator Nozzolio's bill. 1 I don't know whether that's a plus or a minus, 2 but one initial question I have is, this bill 3 is -- as I see it is retroactive back to 4 January 1, 1998. 5 Does it thereby cover some 6 mergers or acquisitions that have occurred 7 since January 1, 1998? 8 SENATOR GOODMAN: No, it does 9 not. 10 SENATOR LEICHTER: Well, why - 11 why is the bill not being made effective as of 12 immediately or 30 days from now or 60 days 13 from now? 14 SENATOR GOODMAN: That is a 15 question which we would have to put to the 16 Governor's office. I do not know the answer, 17 Senator. 18 SENATOR LEICHTER: All right. 19 I appreciate what you say, Senator Goodman, 20 but I -- I am concerned as I was with Senator 21 Nozzolio's bill that we're trying to benefit 22 one or more specific companies, and if we're 23 selling this bill on the basis, hey, we want 24 to have this as an incentive, it certainly 25 doesn't make sense to give it retroactively to 1 somebody who made that merger acquisition 2 without the incentive, but I will ask the 3 Governor next time I see him why he did that. 4 SENATOR GOODMAN: Your 5 proboscis seeks always to find a rank odor 6 emanating from certain of these items, and I 7 think this one will not have such an odor, at 8 least I trust that it will not. 9 SENATOR LEICHTER: Well, let me 10 say your bills don't, at least when you've 11 written them. Senator, I'm concerned that 12 while we may be providing these incentives for 13 mergers and acquisitions, that we're also 14 providing incentive for foreign corporations, 15 and they could be foreign not only foreign to 16 New York State and be other American 17 corporations but they could be overseas 18 corporations, to come, acquire New York 19 corporations, and not having that same 20 identification with the communities as the 21 previous owners, be much more likely to move 22 jobs out of the state of New York or move the 23 entire enterprise out of the state of New 24 York. 25 Is there any protection in your 1 bill against that? 2 SENATOR GOODMAN: Senator, in 3 fact, this bill repeals many of the negative 4 tax consequences of activities which are 5 designed to undo New York State's relationship 6 with its existing resident corporations. The 7 advantage to New York State of this bill is 8 that repeal of the negative tax consequences 9 which this bill would accomplish would 10 discourage parent corporations headquartered 11 in New York from relocating to other states, 12 and these other states would not impose 13 similar negative tax consequences. 14 SENATOR LEICHTER: Well, 15 Senator - 16 ACTING PRESIDENT MEIER: 17 Senator Leichter, do you wish Senator Goodman 18 to continue to yield? 19 SENATOR LEICHTER: Yes, Mr. 20 President. 21 ACTING PRESIDENT MEIER: 22 Senator Goodman, do you yield? 23 SENATOR GOODMAN: Yes; yes, I 24 will, Mr. President. 25 ACTING PRESIDENT MEIER: 1 Senator yields. 2 SENATOR LEICHTER: Senator, I 3 understand that's rationale that's being put 4 forward, but I set forth what I believe is a 5 very realistic hypothesis of foreign companies 6 coming and buying New York corporations and 7 moving then jobs and enterprises out of New 8 York State. 9 Let me ask you this question, 10 and I asked the same question of Senator 11 Nozzolio, why not condition the benefits that 12 you're providing in this bill upon maintaining 13 and continuing activity in the state of New 14 York, so yeah, we'll give you these benefits, 15 but only if you keep the jobs in New York. 16 Wouldn't that make sense? 17 SENATOR GOODMAN: Well, 18 Senator, as you know, the Governor has been 19 undertaking a concerted effort over his first 20 term to do everything in his power to keep 21 corporations that are in New York in New York 22 and to prevent a hemorrhage of corporate 23 departures, and I think this piece is simply 24 one piece of a broader strategy which 25 endeavors to accomplish that. 1 May I say there are many other 2 pieces which are certainly equal to or greater 3 in their importance, such things as the basic 4 tax structure of the state in general, which 5 is designed to be a magnet for corporate 6 retention, various incentives, some of which 7 you may favor and others of which you may not 8 that would give preferment to corporations 9 which create jobs and, in general, I think 10 this has been a very robust attempt, which has 11 met with considerable success, not only in 12 keeping corporations within the state but 13 attracting corporations from outside the state 14 to come into New York for purposes of re 15 location here. 16 This relates to all sorts of 17 incentives, including hopefully various labor 18 market possibilities which are attractive to 19 them relative to other labor markets, and a 20 generally economic climate which is good and 21 growing, and in that effort I think the 22 Governor, if I may say so, deserves 23 considerable credit. 24 SENATOR LEICHTER: Senator 25 Goodman, I think it can certainly be reported 1 to the Governor that you've done a stout job 2 in defending his bill, and I appreciate your 3 answers. I think you've accepted - 4 SENATOR GOODMAN: (Microphone 5 inoperative-comment inaudible). 6 SENATOR LEICHTER: O.K. 7 (Senator Goodman talking over.) Thank you very 8 much. I appreciate and understand the rhetoric 9 -- the rubric under which this bill is being 10 sold, but nobody has given me an answer and I 11 don't know if anybody here can, why we don't 12 condition and limit these benefits and credits 13 that we're giving to maintaining jobs in the 14 state of New York. 15 Doesn't that make absolutely 16 good sense to say, Fine, you want to acquire a 17 New York corporation? We're going to give you 18 tax benefits. You're going to be able to take 19 advantage of the tax credits and benefits that 20 that New York corporation has accumulated, but 21 only if you continue the operations of that 22 company in New York State? Why wouldn't we do 23 that? It seems to make every reasonable good 24 sense. Senator Goodman says, Well, this is an 25 effort to keep corporations and jobs in New 1 York State. I maintain that it may have just 2 the opposite -- the opposite result and, 3 frankly, this Governor and this administration 4 have not been very successful in keeping 5 companies in New York State. 6 In some instances, certainly it 7 was beyond their power to do so, but what 8 we're doing by this sort of a job is -- by 9 this sort of a bill is limiting the revenues 10 that come to New York State that could be used 11 in, I think, much more productive ways to make 12 New York State economically competitive, to 13 create jobs, to provide education, to do those 14 things that in the long run are going to 15 create a much more economically healthy New 16 York State than we have now. 17 Just remember, this bill has a 18 cost to it, and I don't think, as I see this 19 bill, that the cost is worth it, and certainly 20 not when we fail to put in what can be such a 21 simple and basic safeguard that we're not 22 going to give you these credits unless you 23 keep the jobs in New York State. 24 Senator Goodman, I know it's 25 not your bill, but I don't think you could 1 disagree with me that putting in that sort of 2 a condition saying you want the benefits, keep 3 the jobs in New York, and that ought to be 4 part of this bill. 5 Without it, I'm not going to 6 support it. 7 ACTING PRESIDENT MEIER: Read 8 the last section. 9 THE SECRETARY: Section 20. 10 This act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll. ) 15 THE SECRETARY: Ayes 57, nays 16 three, Senators Leichter, Onorato and Stavisky 17 recorded in the negative. 18 ACTING PRESIDENT MEIER: The 19 bill is passed. 20 Senator Marcellino. 21 SENATOR MARCELLINO: Thank you, 22 Mr. President. 23 There will be an immediate 24 meeting of the Judiciary Committee in the 25 Majority Conference Room, Room 332. 1 ACTING PRESIDENT MEIER: 2 Immediate meeting of the Judiciary Committee 3 in the Majority Conference Room, Room 332. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Mr. 6 President, at this time can we call up bill 7 Calendar Number 1432. 8 THE SECRETARY: Calendar Number 9 1432, by Senator Libous, Senate Print 7714, an 10 act to amend the Public Authorities Law, in 11 relation to authorizing. 12 ACTING PRESIDENT MEIER: Read 13 the last section. 14 THE SECRETARY: Section 3. 15 This act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call 17 the roll. 18 (The Secretary called the 19 roll. ) 20 THE SECRETARY: Ayes 60. 21 ACTING PRESIDENT MEIER: The 22 bill is passed. 23 Senator Marcellino. 24 SENATOR MARCELLINO: Yes, 25 Calendar Number 1434, please. 1 ACTING PRESIDENT MEIER: 2 Secretary will read Calendar 1434. 3 THE SECRETARY: Calendar Number 4 1434, by the Assembly Committee on Rules, 5 Assembly Print 11151-A, an act to amend the 6 Insurance Law, in relation to continuing. 7 ACTING PRESIDENT MEIER: Read 8 the last section. 9 THE SECRETARY: Section 11. 10 This act shall take effect June 30. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll. ) 15 THE SECRETARY: Ayes 60. 16 ACTING PRESIDENT MEIER: The 17 bill is passed. 18 Senator Marcellino. 19 SENATOR MARCELLINO: Can we go 20 back on the controversial calendar and call 21 the bills in order that are still remaining. 22 ACTING PRESIDENT MEIER: 23 Secretary will call the controversial calendar 24 in regular order starting with Calendar 1385. 25 THE SECRETARY: Calendar Number 1 1385, substituted earlier today, by member of 2 the Assembly Vitaliano, Assembly Print 5534-A, 3 is an act to amend the Education Law and the 4 Administrative Code of the city of New York. 5 SENATOR DOLLINGER: 6 Explanation. 7 ACTING PRESIDENT MEIER: 8 Senator Trunzo, an explanation has been 9 requested by Senator Dollinger. 10 SENATOR TRUNZO: Mr. President, 11 this bill authorizes the New York State 12 Teachers' and the New York City Teachers' 13 Retirement System to provide for accelerated 14 payments of death benefits which would other 15 wise be payable to trhe retirement system upon 16 the death of a member. 17 The member would be entitled to 18 accelerated death benefits depending upon 19 diagnosis of a terminal illness defined as a 20 life expectancy of 12 months or less or a 21 medical condition requiring extraordinary care 22 regardless of life expectancy. 23 SENATOR DOLLINGER: On the 24 bill, Mr. President. 25 ACTING PRESIDENT MEIER: 1 Senator Dollinger, on the bill. 2 SENATOR DOLLINGER: As I -- or 3 excuse me. If Senator Trunzo will just yield 4 to one question, so I make sure I understand 5 it. 6 ACTING PRESIDENT MEIER: 7 Senator Trunzo, do you yield to a question? 8 SENATOR TRUNZO: Yes. 9 ACTING PRESIDENT MEIER: The 10 Senator yields. 11 SENATOR DOLLINGER: My 12 understanding is that the short part of this 13 bill, the short end of it is that if you need 14 long-term care you can take accumulated 15 amounts out of your retirement funds to pay 16 for long-term care, is that correct? 17 SENATOR TRUNZO: It's -- well, 18 it says extraordinary care regardless of life 19 expectancy. I guess it could -- it's not the 20 long-term care bill which is another bill that 21 I have which you, you know, you could be 22 prepaid but I guess it could fall into that 23 category depending on the extraordinary care 24 regardless of the condition. 25 In other words, first you have 1 to be determined to be terminally ill in order 2 to get this benefit, prepayment of the death 3 benefit. 4 SENATOR DOLLINGER: Through 5 you, Mr. President, I can just -- if Senator 6 Trunzo would yield to just one more question. 7 ACTING PRESIDENT MEIER: 8 Senator Trunzo, do you yield for a question? 9 SENATOR TRUNZO: Yes. 10 ACTING PRESIDENT MEIER: 11 Senator yields. 12 SENATOR DOLLINGER: The bill 13 will only allow them to use it if you have a 14 death illness, a death-impending illness; it 15 couldn't be used for long-term care. 16 SENATOR TRUNZO: I don't 17 believe so. Long-term care, unless it is in 18 the case of, you know, you're going to die so 19 it takes longer than 12 months regardless of 20 the illness, so that's where it comes into the 21 picture. I do have another bill which has 22 long-term care which you're aware of, but that 23 bill has not come out yet. 24 SENATOR DOLLINGER: Right. 25 Again through you, Mr. President, I'm just 1 calling your attention to page 2, line 52 2 through 54, it says "a medical condition of a 3 long and continued and indefinite duration, 4 requiring extraordinary care or treatment, 5 regardless of life expectancy." 6 Would that include long-term 7 care? 8 SENATOR TRUNZO: With a serious 9 illness, not necessarily long-term care 10 because long-term care doesn't necessarily 11 mean a serious illness. 12 SENATOR DOLLINGER: O.K. Well, 13 in reading this bill, Senator Trunzo, one of 14 the reasons why I stood up to just ask that 15 question in clarification, is what I thought 16 the bill would do is because long-term care, 17 for example dementia, Alzheimer's Disease, any 18 one of the long-term disabilities would be a 19 medical condition of a long, continued and in 20 definite duration and it was my under -- my 21 hope that, in reading that section along with 22 this bill, that that would allow someone to 23 get the benefit for purposes of long-term 24 care. 25 SENATOR TRUNZO: It could, 1 required extraordinary care. 2 SENATOR DOLLINGER: O.K. 3 Through, Mr. President, that's my hope. 4 SENATOR TRUNZO: I hope so too. 5 SENATOR DOLLINGER: My hope is 6 -- and just on the bill. I'm going to vote 7 in favor of this and urge everyone to vote for 8 it. 9 I think the more that we can do 10 to allow people to use whatever resources 11 they've accumulated in their life, whether 12 it's a retirement benefit or whole life 13 insurance -- I carry a bill that allows you to 14 invade your whole life insurance prior to your 15 death to pay for long-term care, so that we 16 reduce our dependence on the Medicaid system 17 as the tool for financing long-term care and I 18 would just -- I commend this bill. 19 I would only encourage you, 20 Senator Trunzo, if you came up with similar 21 language and applied it to all of our pension 22 systems, not just the teachers' retirement but 23 our whole entire state pension system, we'd be 24 in a position where we could take a very good 25 idea and make it an even better one. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 60. 10 Excuse me. Ayes 59, nays one, Senator Kuhl 11 recorded in the negative. 12 ACTING PRESIDENT MEIER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1390, by Senator Spano, Senate Print 5573-A, 16 an act to amend the General Municipal Law, in 17 relation to bureaus of administrative 18 adjudication. 19 SENATOR ONORATO: Explanation. 20 SENATOR MARCELLINO: Lay it 21 aside temporarily. 22 ACTING PRESIDENT MEIER: Lay 23 the bill aside temporarily. 24 THE SECRETARY: Calendar Number 25 1392, by Senator Skelos, Senate Print 6201, an 1 act to amend the Domestic Relations Law and 2 the Penal Law, in relation to the suspension. 3 ACTING PRESIDENT MEIER: Read 4 the last section. 5 SENATOR ONORATO: Explanation. 6 SENATOR MARCELLINO: Lay the 7 bill aside temporarily, Mr. President. 8 ACTING PRESIDENT MEIER: Lay it 9 aside temporarily. 10 THE SECRETARY: Calendar Number 11 1412, by Senator Holland, Senate Print 7571, 12 an act to amend the Education Law, in relation 13 to extending. 14 SENATOR ONORATO: Explanation. 15 ACTING PRESIDENT MEIER: 16 Senator Holland, an explanation has been 17 requested of Calendar Number 1412 by Senator 18 Onorato. 19 SENATOR HOLLAND: Mr. 20 President, there are two school districts. 21 One school district is relatively small and 22 has a non-existent building aid reimbursement, 23 and a high school. The second school district 24 has no high school, a higher building aid 25 reimbursement. 1 The two school districts have 2 been working together for 18 years and now 3 they want to build a high school, so we're 4 changing a law to say that the district with 5 the low building aid, Tuxedo, will get some of 6 the building aid from the higher district and 7 that the law will be changed to allow them to 8 sign a contract for 15 years rather than the 9 law today is two to five years. 10 SENATOR DOLLINGER: Through 11 you, Mr. President, Senator. 12 ACTING PRESIDENT MEIER: 13 Senator Dollinger. 14 SENATOR DOLLINGER: Senator, I 15 was having a small communication - 16 ACTING PRESIDENT MEIER: 17 Senator Dollinger, would you indulge both me 18 and, more importantly, the rules and go 19 through the Chair. 20 Do you wish the Senator to 21 yield? 22 SENATOR DOLLINGER: I 23 apologize, Mr. President. I do. 24 ACTING PRESIDENT MEIER: 25 Senator, do you yield to a question from 1 Senator Dollinger? 2 SENATOR HOLLAND: I do, Mr. 3 President. 4 SENATOR DOLLINGER: Through the 5 President - 6 ACTING PRESIDENT MEIER: 7 Senator yields. 8 SENATOR DOLLINGER: Could you 9 identify the two school districts that are 10 involved in this bill? 11 SENATOR HOLLAND: One is Tuxedo 12 and the other was Greenwood Lake. 13 SENATOR DOLLINGER: I didn't 14 hear that. 15 SENATOR HOLLAND: Greenwood 16 Lake. 17 SENATOR DOLLINGER: Thank you, 18 Mr. President. No objection. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call 24 the roll. 25 (The Secretary called the 1 roll.) 2 THE SECRETARY: Ayes 60. 3 ACTING PRESIDENT MEIER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1414, by Senator Balboni, Senate Print 7614, 7 an act to permit the sale or lease of Pond 8 View Homes. 9 ACTING PRESIDENT MEIER: Read 10 the last section. 11 THE SECRETARY: Section 3. 12 This act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call 14 the roll. 15 (The Secretary called the 16 roll. ) 17 THE SECRETARY: Ayes 60. 18 ACTING PRESIDENT MEIER: The 19 bill is passed. 20 SENATOR ONORATO: Explanation, 21 please. 22 ACTING PRESIDENT MEIER: 23 Senator Onorato, the bill is passed. You'd 24 have to move for reconsideration, sir. 25 SENATOR ONORATO: Mr. 1 President, I make a motion to reconsider the 2 vote by which this was taken. 3 ACTING PRESIDENT MEIER: Call 4 roll on reconsideration. 5 (The Secretary called the roll 6 on reconsideration. ) 7 THE SECRETARY: Ayes 60. 8 SENATOR ONORATO: We're laying 9 this bill aside for Senator Leichter, and the 10 Senator is now in Judiciary. This is another 11 LL bill. 12 SENATOR MARCELLINO: Lay the 13 bill aside temporarily. 14 ACTING PRESIDENT MEIER: Bill 15 will be laid aside temporarily. 16 THE SECRETARY: 1415, by 17 Senator Alesi, Senate Print 7633, an act to 18 amend the Local Finance Law, in relation to 19 establishing. 20 ACTING PRESIDENT MEIER: Read 21 the last section. 22 SENATOR ONORATO: Explanation. 23 ACTING PRESIDENT MEIER: 24 Senator Alesi, an explanation has been 25 requested of Calendar 1415 by Senator 1 Onorato. 2 SENATOR ALESI: 1415, O.K. Yes, 3 Mr. President, this bill establishes a period 4 of probable usefulness or useful life of 25 5 years for an above-ground aircraft fuel farm 6 located at the Greater Rochester International 7 Airport. 8 SENATOR DOLLINGER: Mr. 9 President, if Senator Alesi will yield to a 10 question. 11 ACTING PRESIDENT MEIER: 12 Senator Alesi, Senator Dollinger requests you 13 to yield. 14 SENATOR DOLLINGER: Just - 15 SENATOR ALESI: It would be the 16 first time in six years, Mr. President, but I 17 consider it a privilege. 18 ACTING PRESIDENT MEIER: 19 Senator Alesi yields. 20 SENATOR DOLLINGER: Through 21 you, Mr. President, could you just tell me 22 why, and I hadn't seen this bill until this 23 morning. Why -- what is there about this 24 current useful life period that requires us to 25 do that? I know it establishes a 25-year 1 period, but what's the current useful life and 2 why do we need to change it? 3 SENATOR ALESI: Senator, as you 4 know, in most cases where bonding is necessary 5 for a project such as these, a useful life has 6 to be established so that it ties in with the 7 sale of the bonds, and at the end of this year 8 the EPA has told the county of Monroe or the 9 Greater Rochester International Airport that 10 these fuel tanks have to be in compliance and 11 the way to make them in compliance is to build 12 new ones. 13 SENATOR DOLLINGER: Just one 14 final question, Mr. President. 15 ACTING PRESIDENT MEIER: 16 Senator Alesi, do you continue to yield? 17 SENATOR ALESI: Yes. 18 ACTING PRESIDENT MEIER: 19 Senator yields. 20 SENATOR DOLLINGER: How much is 21 the amount of the bonding that's anticipated 22 to be done for these? 23 SENATOR ALESI: I don't know 24 that. 25 SENATOR DOLLINGER: Thank you, 1 Mr. President. 2 ACTING PRESIDENT MEIER: Read 3 the last section. 4 THE SECRETARY: Section 2. 5 This act shall take effect immediately. 6 ACTING PRESIDENT MEIER: Call 7 the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 60. 11 ACTING PRESIDENT MEIER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1421, by Senator Velella, Senate Print 7653, 15 an act to amend the Insurance Law, in relation 16 to continuing. 17 SENATOR ONORATO: Explanation. 18 SENATOR MARCELLINO: Lay it 19 aside temporarily. 20 ACTING PRESIDENT MEIER: Lay 21 the bill aside temporarily. 22 THE SECRETARY: Calendar Number 23 1425, by Senator Alesi, Senate Print 7672, an 24 act to amend the Personal Property Law, in 25 relation to the Motor Vehicle Retail Leasing 1 Act. 2 ACTING PRESIDENT MEIER: Read 3 the last section. 4 THE SECRETARY: Section 7. 5 This act shall take effect immediately. 6 SENATOR ONORATO: Lay it aside, 7 please. 8 SENATOR MARCELLINO: Lay the 9 bill aside temporarily. 10 SENATOR SEWARD: Mr. President. 11 ACTING PRESIDENT MEIER: 12 Senator Seward. 13 SENATOR SEWARD: Yes, if we 14 could briefly return to motions. 15 SENATOR MARCELLINO: We'll 16 request that you go back to motions and 17 resolutions, Mr. President. Recognize Senator 18 Seward. 19 ACTING PRESIDENT MEIER: We'll 20 return to the order of motions and 21 resolutions. 22 Senator Seward. 23 SENATOR SEWARD: Mr. President, 24 on behalf of a very distinguished member of 25 this house, Senator Meier. 1 ACTING PRESIDENT MEIER: I know 2 him. 3 SENATOR SEWARD: I'm pleased to 4 move to amend Senate Bill 6760-A by striking 5 out the amendments made on June 12th and 6 restoring it to its original print number, 7 6760. 8 ACTING PRESIDENT MEIER: So 9 ordered. 10 SENATOR MARCELLINO: Mr. 11 President. 12 ACTING PRESIDENT MEIER: 13 Senator Marcellino. 14 SENATOR MARCELLINO: May we 15 return to reports of standing committees. I 16 believe you have a report of the Finance 17 Committee at the desk. May it be read? 18 ACTING PRESIDENT MEIER: We'll 19 return to the order of reports of standing 20 committees. 21 The Secretary will read. 22 THE SECRETARY: Senator 23 Stafford, from the Committee on Finance, 24 reports the following nomination: 25 Member of the New York State 1 Olympic Regional Developmental Authority, 2 Arthur S. Spiegel, of Rouses Point. 3 SENATOR STAFFORD: Move 4 confirmation, please. 5 ACTING PRESIDENT MEIER: The 6 question is on the confirmation of Arthur S. 7 Spiegel as a member of the New York State 8 Olympic Regional Developmental Authority. 9 All those in favor signify by 10 saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response. ) 14 The nomination is confirmed. 15 Secretary will read. 16 THE SECRETARY: As members of 17 the Central New York Regional Transportation 18 Authority, Stanton W. Bryant, of Auburn; 19 Vincent A. Cook, of Syracuse; John C. Hession, 20 of Syracuse; and Vincent A. O'Neil, Esq., of 21 Syracuse. 22 ACTING PRESIDENT MEIER: 23 Senator Stafford. 24 SENATOR STAFFORD: Move 25 confirmation. 1 ACTING PRESIDENT MEIER: 2 Question is on the confirmation of Stanton 3 Bryant, Vincent A. Cook, John C. Hession and 4 Vincent A. O'Neil as members of the Central 5 New York Regional Transportation Authority. 6 All those in favor signify by 7 saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response.) 11 The nominations are confirmed. 12 Secretary will read. 13 THE SECRETARY: As a member of 14 the Rochester-Genesee Regional Transportation 15 Authority, Frank Carpenter, of Rochester. 16 SENATOR DOLLINGER: Mr. 17 President, just to be heard on that one 18 briefly. 19 ACTING PRESIDENT MEIER: Let's 20 get the nomination on the floor first. 21 Senator Stafford. 22 SENATOR STAFFORD: Move 23 confirmation. 24 ACTING PRESIDENT MEIER: 25 Senator Dollinger. 1 SENATOR DOLLINGER: Mr. 2 President, I don't know Mr. Carpenter. I 3 regret that I don't know him, because he's 4 seeking appointment to the Greater Rochester 5 Transit Authority, the regional transit 6 authority. 7 About 75 percent of the people 8 who ride on the buses run by RGRTA live in my 9 district, never heard from Mr. Carpenter, 10 never contacted me as the member who 11 represents most of the people that ride on 12 these buses. 13 I note in his brief biography 14 there's not one thing in it that suggests he's 15 had ever one thing to do with transportation. 16 I'd point out to my colleagues on the Finance 17 Committee that wouldn't automatically 18 disqualify him from serving, but nonetheless, 19 I think it at least raises a question as to 20 what background he does have that would 21 qualify him to be on the RGRTA. 22 I'd also point out again an 23 interesting question. Mr. Carpenter has lived 24 in Rochester for less than seven years and 25 he's being appointed to this important 1 commission which runs our transit authority. 2 I'm just disappointed whoever 3 is in charge of the appointments, whether it's 4 locally or down on the second floor, they 5 don't have the courtesy to send to a member 6 who's intimately affected by an appointment, 7 the candidate and they don't even ask him to 8 call him on the phone. 9 I don't know what the members 10 of this body believe about the courtesy and 11 respect due to a Senator, but it seems to me a 12 minimal level -- a minimal level would require 13 that someone who seeks appointment to a board 14 or commission that this body has confirmation 15 power over would at least call the Senator 16 who's most affected by this decision and 17 introduce himself, explain his background and 18 give some information. 19 I would ask all my colleagues 20 to vote against this appointment to send a 21 message that this is not the right way to do 22 these type of appointments in the future. 23 ACTING PRESIDENT MEIER: 24 Question is on the confirmation of Frank 25 Carpenter as a member of the Rochester-Genesee 1 Regional Transportation Authority. 2 All those in favor signify by 3 saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (Three hands are raised.) 7 The nomination is confirmed. 8 The record will indicate Senator Dollinger's 9 and Senator Santiago in opposition. 10 Secretary will continue to 11 read. 12 THE SECRETARY: As a member of 13 the Ogdensburg Bridge and Port Authority, 14 Margaret Gladwin McEwen, of Ogdensburg. 15 SENATOR STAFFORD: Move 16 confirmation, please. 17 ACTING PRESIDENT MEIER: 18 Question is on the confirmation of Margaret 19 Gladwin McEwen as a member of the Ogdensburg 20 Bridge and Port Authority. 21 All those in favor signify by 22 saying aye. 23 (Response of "Aye.") 24 Opposed nay. 25 (There was no response.) 1 The nominee is confirmed. 2 The Secretary will continue to 3 read. 4 THE SECRETARY: As a member of 5 the State Council on the Arts, Noreen Reale 6 Falcone, of Skaneateles. 7 SENATOR STAFFORD: Move 8 confirmation, please. 9 ACTING PRESIDENT MEIER: 10 Question is on the confirmation of Noreen 11 Reale Falcone as a member of the State Council 12 on the Arts. 13 All those in favor signify by 14 saying aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (There was no response.) 18 The nomination is confirmed. 19 Senator Marcellino, that's all 20 of the - 21 SENATOR STAFFORD: Move 22 confirmation, please. 23 SENATOR MARCELLINO: Mr. 24 President, if we could stand at ease moment 25 arily because we have to wait for the 1 Judiciary people to come back. 2 ACTING PRESIDENT MEIER: Senate 3 will stand at ease. 4 SENATOR MARCELLINO: Which I 5 believe they are almost now. 6 (The Senate stood at ease from 7 12:17 to 12:25 p.m.) 8 ACTING PRESIDENT KUHL: The 9 Senate will come to order. Ask the members to 10 find their places, staff to find their 11 places. 12 Senator Marcellino. 13 SENATOR MARCELLINO: Mr. 14 President, may we return to the order of 15 reading the reports of standing committees. 16 I understand there's a report 17 of the Judiciary Committee at the desk. I ask 18 that it be read now. 19 ACTING PRESIDENT KUHL: We'll 20 return to the order of reports of standing 21 committees. There is a report of the 22 Judiciary Committee at the desk. I'll ask the 23 Secretary to read. 24 THE SECRETARY: Senator Lack, 25 from the Committee on Judiciary, reports the 1 following nomination: 2 As a Justice of the Supreme 3 Court for the First Judicial Department, Leona 4 L. Leo, of New York County. 5 ACTING PRESIDENT KUHL: Chair 6 recognizes Senator Lack. 7 SENATOR LACK: Mr. President - 8 I'm sorry Senator Goodman. I'll get to you in 9 about ten seconds. 10 Mr. President, I rise to move 11 the nomination of Leona L. Leo as a Justice of 12 the Supreme Court of the First Judicial 13 District, on the nomination of the Governor. 14 Ms. Leo's credentials have been 15 examined by the staff of the Committee, found 16 certainly in order. She appeared before the 17 committee earlier this afternoon, was 18 unanimously moved to the floor, and I'm very 19 privileged to yield for purposes of a second 20 to Senator Goodman. 21 ACTING PRESIDENT KUHL: Chair 22 recognizes Senator Goodman on the nomination. 23 SENATOR GOODMAN: Mr. 24 President. Mr. President, I deem it a 25 privilege and a great pleasure and a very high 1 honor indeed, to be able to speak to the 2 nomination of Ms. Leona L. Leo who is before 3 us for consideration for appointment to the 4 Supreme Court. 5 May I say to you I've known Ms. 6 Leo for a number of years very well indeed, 7 and have observed her in action both as a 8 civic leader and as a member of the very 9 important staff of the Appellate Division 10 where, since 1983, she has occupied a 11 principal position as an appellate court 12 attorney. Her work has encompassed research 13 and analysis of questions and issues of civil, 14 criminal and family law, preparation of 15 reports and confidential memoranda on appeals 16 and motions for the justices of the court, 17 where she has evaluated and has presented 18 applications for interim relief to the hearing 19 justices after discussion with counsel. 20 Her record is an impressive 21 one. She has received her Juris Doctor degree 22 from the Brooklyn Law School in 1975 where she 23 is an Associate Editor of the Law Review, is a 24 member of the Moot Court Honor Society and 25 enjoyed a number of other honors that were 1 bestowed upon her. She was also in the Who's 2 Who among students of American colleges and 3 universities. 4 She received her Master of Arts 5 Degree from St. John's in 1965, a Bachelor's 6 Degree from the Mount St. Vincent School - 7 College in Riverdale, and then went on to work 8 as a teacher in the Patchogue-Medford School 9 District which means that she has sentimental 10 links to Senators -- several Senators from 11 Long Island who are in this chamber at the 12 moment. 13 She also worked for the eminent 14 law firm of Cohen & Dyckman in Brooklyn from 15 1975 to 1982, and at that point went on to 16 various other assignments; and may I say to 17 you, Mr. President, that from time to time she 18 has been evaluated by the New York City Bar 19 Association and found to be highly qualified 20 and was also endorsed in an earlier run for 21 this position by the New York Times. 22 This is an individual of the 23 highest caliber. Her integrity is absolutely 24 sterling. Her intellectuality is of the very 25 highest level. She is a person who cares 1 deeply about individual people and individual 2 problems and will make a sensitive and caring 3 Justice of the Supreme Court, which is one of 4 the most powerful judicial positions within 5 the state of New York and indeed in the 6 nation. 7 I'd remind you that the Supreme 8 Court has the power to mete out the highest 9 forms of penalties in criminal matters and to 10 deal with the most sensitive and extensive 11 cases in civil litigation, and thus it's with 12 a sense of deep confidence and a great deal of 13 joy that I ask the Senate to unanimously 14 approve the nominee who is of the highest 15 caliber and an individual I know will serve us 16 with great distinction and will honor the 17 public with the degree of dedication and 18 involvement in the issues of the day. 19 Mr. President, she is out 20 standing in every way, and it is with 21 unreserved enthusiasm that I urge her approval 22 within the very near future in this chamber. 23 Thank you very much. 24 ACTING PRESIDENT KUHL: Senator 25 Gold. 1 SENATOR GOLD: Thank you, Mr. 2 President. 3 I have to correct Senator 4 Goodman in one little item. When you say this 5 is one of the most powerful positions, right 6 now she's a staff person at the Appellate 7 Division, and that's power. I know what it is 8 to be staff, but I did receive some calls from 9 judges and, as I've said on so many occasions, 10 when it comes to the judiciary, my admiration 11 does go to the Governor. I have had arguments 12 with him on other appointments, but he really 13 has made an effort, I believe, to elevate the 14 caliber of people in the judiciary and 15 certainly this appointment goes right along 16 with it. 17 The judges who I've spoken to 18 eagerly await this confirmation, so that 19 Justice Leo can start to work in the 20 courtroom, and I believe that, from my point 21 of view as a working lawyer, I want somebody 22 who not only has an academic background but 23 someone who has compassion, understands what 24 litigants go through and what lawyers go 25 through, and I find that Justice Leo is a 1 delightful lady that is not only bright but 2 does understand what the courts are about and 3 their function in society. 4 So it is with a deep sense of 5 pride that I would second this nomination. 6 ACTING PRESIDENT KUHL: Is 7 there any other Senator wishing to speak on 8 the nomination? 9 (There was no response.) 10 Hearing none, the question is 11 on the nomination of Leona L. Leo, of New York 12 County, as a justice of the Supreme Court for 13 the First Judicial Department. All those in 14 favor of the nomination signify by saying 15 aye. 16 (Response of "Aye".) 17 Opposed, nay. 18 (There was no response.) 19 The nominee is unanimously 20 confirmed. 21 We're very, very pleased to 22 have Leona Leo with us. Justice Leo, welcome 23 to the chamber. Congratulations and good 24 luck. 25 Also, accompanying Justice Leo 1 is her sister and niece, Ginger and Tracy 2 Cocoman and a cousin Holly Waugh and a friend 3 Clare Laurine. Welcome also to the chamber. 4 The Secretary will continue to 5 read. 6 THE SECRETARY: Senator Lack, 7 from the Committee on Judiciary, reports the 8 following nomination: 9 As a judge of the Court of 10 Claims, Daniel Martin, of Huntington. 11 ACTING PRESIDENT KUHL: The 12 Chair recognizes Senator Lack. 13 SENATOR LACK: Thank you, Mr. 14 President. 15 I rise again to move the 16 nomination of Daniel Martin of Huntington, who 17 has been nominated to the Court of Claims by 18 the Governor. 19 Dan Martin's background as an 20 attorney in the town of Huntington has been 21 thoroughly looked into by the staff of the 22 Judiciary Committee. Since I also practice in 23 Huntington, it was interesting to be able to 24 get to read the comments of fellow 25 practitioners in the town about my long-time 1 colleague in the practice of law in the town, 2 Dan Martin. 3 They all unanimously approved 4 his move to the Court of Claims, had the 5 highest things to say about his ability to 6 serve as a judge in that court in either the 7 civil or criminal terms -- terms of the 8 court. 9 Dan Martin and I served as 10 assistant district attorneys in Suffolk County 11 together back in the early '70s. Recently 12 he's been the town leader of the town 13 Republican Party in the town of Huntington, 14 which is also my hometown. 15 He appeared before the 16 Committee earlier this afternoon, was 17 unanimously moved to the floor. He has 18 received the highest accolades from the 19 Governor's screening committee to be a judge 20 of the Court of Claims, and I personally would 21 like to congratulate Dan and his wife Ellen 22 and his son, Dan, who, of course, are in our 23 chambers today but for purposes of a full and 24 complete biography on Dan Martin and his 25 attributes as an attorney, Mr. President, I 1 would respectfully yield to Senator 2 Marcellino. 3 ACTING PRESIDENT KUHL: The 4 Chair recognizes Senator Marcellino, on the 5 nomination. 6 SENATOR MARCELLINO: Thank you, 7 Mr. President. 8 I rise with pleasure to 9 nominate Dan Martin who has been an old 10 friend. Since I moved -- since the district 11 moved into the town of Huntington, about 40 12 percent of my Senate District includes the 13 town of Huntington. 14 Dan is the, as was said by my 15 colleague, Senator Lack, the Republican 16 leader, and I give him no small amount of 17 credit for my being elected and re-elected to 18 this particular position. In spite of that, 19 our colleagues on the other side will probably 20 vote for him anyway, but I rise with pride, as 21 I said earlier. 22 Danny is more than qualified. 23 He's well qualified. He's got one attribute 24 that I consider to be an absolute necessity 25 for someone to be a member of the judiciary 1 and that is humility. He's not afraid to 2 admit when he is wrong. He is not afraid to 3 seek advice and to seek counsel from others 4 and he is not one to put down contrary 5 opinions. I consider that a laudable 6 attribute for someone moving into this very 7 important position. 8 It is a pleasure to second his 9 nomination. I know he will serve the people 10 of the state of New York well, and I wish him 11 well and I wish his family well. 12 Danny, congratulations, 13 Godspeed and good luck. 14 ACTING PRESIDENT KUHL: Is 15 there any other Senator wishing to speak on 16 the nomination? 17 (There was no response.) 18 Hearing none, the question is 19 on the nomination of Daniel Martin of 20 Huntington as a judge of the Court of Claims. 21 All those in favor of the nomination signify 22 by saying aye. 23 (Response of "Aye".) 24 Opposed, nay. 25 (There was no response.) 1 The nominee is unanimously 2 confirmed. 3 Judge Martin, welcome to the 4 chamber. Congratulations and good luck. 5 (Applause) 6 Also joining Judge Martin are 7 his wife Ellen and his son Daniel. Perhaps 8 they would like to stand up so we can say 9 hello to them. Welcome to the chamber. 10 (Applause) 11 The Chair recognizes Senator 12 Marcellino. 13 SENATOR MARCELLINO: Mr. 14 President, may we return to the reading of the 15 controversial calendar and call up Bill Number 16 1390, please. 17 ACTING PRESIDENT KUHL: We'll 18 return to the controversial calendar. The 19 Secretary will read Calendar Number 1393 - 20 excuse me. 1390? 21 SENATOR MARCELLINO: 1390. 22 ACTING PRESIDENT KUHL: Thank 23 you. 24 THE SECRETARY: Calendar Number 25 1390, by Senator Spano, Senate Print 5573-A, 1 an act to amend the General Municipal Law, in 2 relation to bureaus. 3 SENATOR PATERSON: Explanation. 4 SENATOR SPANO: Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Spano, an explanation has been requested by 7 Senator Dollinger on Calendar Number 1390. 8 SENATOR SPANO: This is a local 9 bill for the city of Yonkers that will allow 10 them to create a bureau of administrative 11 adjudication for certain code and ordinance 12 violations. 13 The reason they're asking for 14 this is because the City Court has become 15 really overburdened with the prosecution of 16 many of the minor city code and ordinance 17 violations, such as false alarms and code 18 enforcement fines and the court would be more 19 like a hearing process comprised -- this court 20 would be more like a hearing process comprised 21 of hearing officers. 22 There's over $80,000 in code 23 enforcement fines that are uncollected right 24 now in the city of Yonkers because the City 25 Court is overburdened with these type of 1 quality of life issues. 2 The city of Buffalo has a 3 similar court. Yonkers passed a home rule 4 message on this and that's why it's before us. 5 ACTING PRESIDENT KUHL: There 6 is a home rule message at the desk. The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 60. 15 ACTING PRESIDENT KUHL: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1392, by Senator Skelos, Senate Print 6201, an 19 act to amend the Domestic Relations Law and 20 the Penal Law. 21 SENATOR PATERSON: Explanation. 22 ACTING PRESIDENT KUHL: Senator 23 Skelos, an explanation of 1392 has been 24 requested. 25 SENATOR SKELOS: Mr. President, 1 this bill extends the provisions of Chapter 2 644 of the Laws of 1996 relating to the 3 suspension or revocation of a firearm license 4 to matrimonial actions pursuant to the 5 Domestic Relations Law. 6 SENATOR DOLLINGER: Mr. 7 President, I have -- I'm going to vote in 8 favor of this bill. I think on previous 9 occasions I have voted in favor of this bill. 10 However, I do have an amendment, Mr. 11 President, that I would propose, an amendment 12 that we have brought before this house on 13 several prior occasions, although I don't 14 believe in this session. 15 ACTING PRESIDENT KUHL: Senator 16 Dollinger, I appreciate that. Generally a 17 member of the house is recognized before 18 they're allowed to talk. An explanation has 19 been requested by Senator Paterson and 20 normally that would trigger him having the 21 floor, and so I would just point out to you 22 that - 23 SENATOR DOLLINGER: I'm out of 24 order, Mr. President. 25 ACTING PRESIDENT KUHL: While 1 this is the next to last day of session, you 2 are just a touch out of order and I would 3 bring that to your attention. 4 Senator Paterson, did you wish 5 to continue with the questioning? 6 SENATOR PATERSON: Mr. 7 President, I thought that the distinguished 8 Deputy Majority Leader gave me an excellent 9 explanation, one that is probably -- will take 10 -- I'll take with me through the summer and 11 think over from time to time, but certainly I 12 have no further questions at this time. 13 ACTING PRESIDENT KUHL: Senator 14 Dollinger. 15 SENATOR DOLLINGER: Thank you, 16 Mr. President. 17 I -- this was a bill that I 18 believe we may have considered before, at 19 least the underlying bill for which this is an 20 extension, but I have an amendment before, 21 which I believe has been served, that I would 22 ask that the reading of the amendment be 23 waived and that I be heard -- allowed to be 24 heard on the amendment. 25 SENATOR SKELOS: Mr. President. 1 ACTING PRESIDENT KUHL: May I 2 make just a -- Senator Skelos, why do you 3 rise? 4 SENATOR SKELOS: Would Senator 5 Dollinger yield? Could you -- is this the 6 assault weapons amendment? 7 SENATOR DOLLINGER: Yes, it is, 8 Mr. President, through you. 9 SENATOR SKELOS: Mr. President, 10 if this bill is amended, most likely at this 11 time in the session, there will not be time to 12 pass the bill. 13 If Senator Dollinger's 14 amendment proceeds and is passed by the Senate 15 chamber and -- I'm going to lay the bill 16 aside. It's unfortunate that Senator 17 Dollinger wants to politicize this type of 18 legislation which is necessary to protect 19 women from domestic violence, use of handguns 20 in domestic violence. So please lay this bill 21 aside. 22 ACTING PRESIDENT KUHL: At the 23 request of the sponsor, the bill is laid 24 aside. 25 SENATOR DOLLINGER: Can I be 1 heard or is the bill -- is it out of order? 2 ACTING PRESIDENT KUHL: The 3 bill is in control of the sponsor, Senator 4 Dollinger, and he's requested that it be laid 5 aside. So the bill will be laid aside. You 6 may want to talk about this privately with 7 Senator Skelos about your proposal. The bill 8 is laid aside. 9 The Secretary will continue to 10 read the controversial calendar. 11 THE SECRETARY: Calendar Number 12 1414, by Senator Balboni, Senate Print 7614, 13 an act to permit the sale or lease. 14 SENATOR MARCELLINO: Mr. 15 President, lay that bill aside for the day at 16 the request of the sponsor. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside for the day. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: Calendar Number 22 1421, by Senator Velella, Senate Print 7653, 23 an act to amend the Insurance Law. 24 SENATOR PATERSON: Explanation. 25 SENATOR MARCELLINO: Mr. 1 President, we're trying to get Senator Velella 2 right now. He's at the door. He's moving 3 towards the door. He's been delayed 4 momentarily. He is currently leaning towards 5 the door. Should be passing through the door 6 momentarily. Somebody closed the door on him 7 and he is here, sir. Okay. 8 ACTING PRESIDENT KUHL: Senator 9 Velella, an explanation of Calendar Number 10 1421 has been requested by the Acting Minority 11 Leader, Senator Paterson. 12 SENATOR VELELLA: As soon as I 13 find it, Mr. President. Yes, Mr. President. 14 I'm sorry I didn't have the file handy. This 15 is an Insurance Department bill to extend for 16 three years until June 30th, 2001 the file and 17 use and other rating provisions to implement 18 file and use for commercial lines insurance 19 such as commercial auto insurance, 20 professional liability and public entities. 21 It is not private auto policy 22 rating. It is for only commercial use. 23 ACTING PRESIDENT KUHL: Senator 24 Paterson? 25 SENATOR GOLD: Mr. President. 1 ACTING PRESIDENT KUHL: Senator 2 Gold, why do you rise? 3 SENATOR GOLD: Will the Senator 4 yield to just one question? 5 SENATOR VELELLA: Yes. 6 SENATOR GOLD: Senator, my only 7 question is why are we doing an extender with 8 some of these and not just making it 9 permanent? Is there a reason? 10 SENATOR VELELLA: The idea is 11 we're doing it for three years so we can take 12 a look at the rating system, if it's working 13 well, if it continues to function well and 14 then the Legislature will either decide to 15 make it permanent, decide to make an 16 alteration and just an opportunity to take a 17 look in three years how the system is 18 working. 19 SENATOR GOLD: Will the Senator 20 yield to just one more question? 21 SENATOR VELELLA: Sure. 22 ACTING PRESIDENT KUHL: The 23 Senator yields. 24 SENATOR GOLD: Senator, when 25 did we put in this system? When was it 1 initially put it, the system where it was 2 extended. 3 SENATOR VELELLA: Probably 4 since I have been here, I can remember we have 5 done one or two extenders for two years. So 6 probably somewhere about four or six years. 7 SENATOR GOLD: Well, Senator, 8 the last question, if you don't mind, my 9 understanding, Senator, is that we look at 10 every law every year, otherwise we could go 11 out of business. We want to make sure that - 12 SENATOR VELELLA: Job 13 preservation is an important part of the 14 business. 15 SENATOR GOLD: I agree with 16 you. We look at all of the laws to make sure 17 that they're up to date. I don't know why we 18 pick one or two and we do it just by 19 extension. Obviously if we made it permanent 20 and it was no idea, we could eliminate it. 21 SENATOR VELELLA: Well, you 22 know, it's a legitimate critique of how we do 23 business here in the state. However, I think 24 it's a good opportunity to sort of let us 25 police it a little more strongly. We might 1 tend not to look at things as in-depth as we 2 do when an extender comes up and they have to 3 be renewed. As you know, the financial market 4 fluctuates very strongly. We're in a down 5 cycle; we're in an up cycle. Those have 6 effects on the rates and the ability of people 7 to pay them. Earnings of companies ought to 8 be evaluated periodically and if we make it 9 permanent, some other legislators in the 10 future, not necessarily the ones that are here 11 now, might not be as diligent as you are, 12 Senator Gold, and they might not look at this 13 as closely. 14 So we say let's let them look 15 at it closely by having to act on it in three 16 years and make an evaluation. 17 SENATOR GOLD: Thank you. 18 SENATOR VELELLA: You're 19 welcome. 20 ACTING PRESIDENT KUHL: Is 21 there any other Senator wishing to speak on 22 this bill? 23 Senator Gentile. 24 SENATOR GENTILE: Yes. I 25 believe there's an amendment at the desk. 1 ACTING PRESIDENT KUHL: Senator 2 Gentile, there is an amendment at the desk. 3 SENATOR GENTILE: I would ask 4 that you waive the reading and allow me to 5 explain. 6 ACTING PRESIDENT KUHL: We will 7 waive the reading. You're now afforded the 8 opportunity to explain the amendment. 9 SENATOR GENTILE: Thank you, 10 Mr. President. 11 I believe that in extending - 12 the opportunity now in extending the auto 13 insurance flex rating gives us an obligation 14 to acknowledge that the auto insurance rates 15 in the state of New York, according to a New 16 York State Assembly report and the NYPIRG 17 report, are the second highest auto premium 18 rates in the nation, and I think we would be 19 derelict in our duties if in extending the 20 auto flex insurance rating that we did not in 21 some way address that issue of auto insurance 22 rates in this -- in this state. As the rates 23 -- the auto insurance premiums in the rest of 24 this country are coming down, the auto 25 insurance rates in New York are going up. 1 Indeed, if our colleagues in New Jersey do 2 what they speak of and attack their insurance 3 rates in the state of New Jersey, we in this 4 state will become the state with the highest 5 auto insurance premiums in the country, not 6 the second but the highest, and as auto 7 premiums are going higher, they are increasing 8 faster than the justified claims experience in 9 this state. The claims experience does not 10 justify the rate at which auto premiums are 11 rising in this -- in New York and insurance 12 profits are also increasing here in New York 13 faster than anywhere in the country. 14 So, Mr. President, my amendment 15 would -- to Senator Velella's bill would 16 attach some consumer-related provisions to 17 Senator Velella's bill that would help New 18 Yorkers in dealing through this morass of auto 19 insurance premiums. 20 Particularly my amendment, Mr. 21 President, would create an independent office 22 of the insurance consumer advocate and the 23 insurance consumer advocate would be required 24 to assess the impact of insurance rates, rules 25 and regulations on auto insurance. 1 It would also require the 2 Superintendent of Insurance to appear -- the 3 advocate to appear before the Superintendent 4 of Insurance in matters regarding insurance 5 rates for the advocate to recommend 6 legislation to appear or intervene as a party 7 on behalf of consumers in proceedings. 8 My amendment, Mr. President, 9 would also enhance the Insurance Department 10 Consumer Information Bureau. The 11 Superintendent of Insurance under my amendment 12 would be required to maintain the database 13 containing auto insurance rate information and 14 complaint rankings for all companies licensed 15 to do business here in New York and that will 16 -- that will allow consumers to access on a 17 more regular basis comparison shopping of auto 18 insurance premiums. 19 In addition, my amendment would 20 put some teeth into the existing excess profit 21 law. We do have an insurance excess profit 22 law on the books but it's not enforceable. 23 It's not being enforced at this point. 24 My amendment would require the 25 Superintendent of Insurance to, on an annual 1 basis, conduct an investigation or 2 recalculation of insurer excess profits and to 3 hold public hearings and report to the 4 legislator -- the Legislature on this 5 profitability that the insurance companies are 6 now recording and it would also require the 7 Superintendent to hire an independent auditor 8 to audit the auto insurance profits and report 9 those findings to this body, but most 10 important, Mr. President, I think my amendment 11 does a very interesting thing, that attacks 12 the auto insurance premiums in this state 13 immediately and it does that, Mr. President, 14 by allowing the flex band for adjusting the 15 rating on insurance companies to decrease. It 16 allows the decrease in insurance rates to go 17 down to ten percent. Right now no prior 18 approval is needed for decreases or increases 19 in insurance premiums up to seven percent. It 20 could decrease by seven percent, increase by 21 seven percent. Within that range, there is no 22 prior approval needed. 23 I am proposing in my amendment 24 that we allow decreases to be as much as ten 25 percent to allow that flexibility to have 1 insurance companies decrease their rates by as 2 much as ten percent but at the same time 3 suspend the use of the flex rating for rate 4 increases -- for any rate increase over a 5 two-year period and that would require all 6 increases above the present rates to gain - 7 to need prior approval. 8 So this will be -- this will be 9 a challenge to the auto -- to the insurers 10 that they can decrease their rates up to ten 11 percent but if they want to increase those 12 rates, they have to show the need for it by 13 getting prior approval. This is a -- this is 14 sort of a spin on the flex system, but it 15 attacks the insurance premiums now that we're 16 faced with. 17 And the reason we need this in 18 19... from the period 1990 to 1996, New York 19 -- the average auto insurance premiums 20 increased in New York by 36 percent while the 21 insurance industry costs went up by 12 22 percent. 23 In the country -- compared to 24 the country, countrywide premiums increased 20 25 percent, close, and the rise in costs for 1 insurance companies was 18 percent. Here we 2 have a discrepancy in this state of costs 3 going up by 12 percent for insurers but 4 premiums going up by 36 percent in this state. 5 In New York the average auto 6 insurance premium last year or 1996 was $1113 7 compared to the national average of $774. 8 Drivers in my section of Brooklyn, the area 9 that I represent in Brooklyn, pay an average 10 of $3,034 a year in insurance premiums. 11 Outrageous. Absolutely outrageous. And that 12 is why this amendment is so important, Mr. 13 President. 14 Indeed, the NYPIRG report found 15 that insurer profits are higher in New York 16 State. The profit margins in New York were 60 17 percent compared to 12 percent nationwide. 18 It's clear that we need to do 19 some work on auto insurance premiums in this 20 state. We can adjust and extend the rating 21 system but at the same time we need to attack 22 the insurance premiums themselves. Right now 23 here in this amendment, we can do that and it 24 would be an appropriate attachment to Senator 25 Velella's bill. 1 SENATOR VELELLA: Mr. 2 President, will the Senator yield to a 3 question? 4 ACTING PRESIDENT KUHL: 5 Senator, do you yield? 6 SENATOR VELELLA: Senator, the 7 numbers on which you're basing your statement 8 that insurance rates are up and that increases 9 are prevailing, are those the 1996 numbers 10 that were issued by the Assembly, the 11 two-year-old numbers? 12 SENATOR GENTILE: They were the 13 NYPIRG numbers and New York Assembly reports. 14 SENATOR VELELLA: Yeah. Those 15 are two years old. Those are the latest 16 numbers available. 17 Senator, if I were to tell you 18 that this year right now, there are seven rate 19 applications pending before the Insurance 20 Department to reduce auto rates and that two 21 already have been granted and that they exceed 22 the numbers of the flex rating, would that 23 change your mind as to the status that we're 24 in right now that insurance companies are 25 increasing premiums rather than decreasing 1 premiums? 2 SENATOR GENTILE: Well, I 3 think, Senator, it's very interesting that 4 reductions -- applications for reductions of 5 this type come subsequent to reports from 6 NYPIRG and the Assembly. 7 SENATOR VELELLA: If they - 8 would you yield to another question. If the 9 reductions were filed before the report, would 10 that change your mind? 11 SENATOR GENTILE: Well, the 12 fact is they were filed after the report, 13 Senator, and - 14 SENATOR VELELLA: I'm asking a 15 hypothetical question. 16 ACTING PRESIDENT KUHL: 17 Gentlemen, gentlemen, let me interject here. 18 I know in spirited debate this time of the 19 year is always a lot of fun and it's certainly 20 thrilling for those of us who are sitting and 21 listening, but if you could go through the 22 Chair in accordance with the rules, it would 23 be most appreciated. 24 SENATOR VELELLA: Will the 25 Senator yield to a question? I stand 1 corrected. 2 ACTING PRESIDENT KUHL: Do you 3 yield to another question? 4 SENATOR GENTILE: Yes. 5 ACTING PRESIDENT KUHL: The 6 Senator yields. 7 SENATOR VELELLA: Listen 8 carefully. If I'm telling you those 9 applications were in before the Assembly 10 report, before the NYPIRG report and are in 11 the process of being granted, seven 12 applications before the reports, two already 13 granted before the reports, would that change 14 your thinking about where rates are going in 15 New York State? 16 SENATOR GENTILE: Well, as I 17 say to you - 18 SENATOR VELELLA: Simple. Yes 19 or no. 20 SENATOR GENTILE: No, no, no. 21 I believe I have the opportunity to respond to 22 you, Senator, and I ask you to listen clearly 23 too, and I think that the fact that rates are 24 coming down around the country are a good 25 thing and certainly by this amendment where we 1 would not allow rates to go higher but we 2 would allow rates to go lower without prior 3 approval is also codifying what we want to see 4 happen in this state. We will now codify by 5 statue what we want to see happen in this 6 amendment by allowing rates to go down, not 7 allowing rates to go up and, frankly, as the 8 numbers show, the rates are going down faster 9 everywhere else in the country except New York 10 State. 11 So I think -- I think the word 12 has gone out to the insurance companies. We 13 now -- and what I hope to do by this amendment 14 is to codify that. They can go down by ten 15 percent. They cannot go up with prior 16 approval. 17 SENATOR VELELLA: Will the 18 Senator yield to another question? 19 SENATOR GENTILE: Yes. 20 ACTING PRESIDENT KUHL: 21 Senator, do you yield? 22 SENATOR VELELLA: Are the 23 numbers you're using when you say that rates 24 are going down all around the country 25 two-year-old figures also, the same thing like 1 you're using here in New York or are they 2 current figures? 3 SENATOR GENTILE: My 4 information, Senator, is that the 1997 numbers 5 show less than one percent difference in the 6 1996 numbers for New York State and that 7 brings me back to my point that the rates are 8 going down faster everywhere else but the 9 state of New York. 10 SENATOR VELELLA: In 1996? 11 SENATOR GENTILE: I'm saying to 12 you, Senator, that the numbers in 1997 for New 13 York show only a one percent difference. 14 SENATOR VELELLA: Between 15 what? One percent difference. 16 SENATOR GENTILE: 1996. 17 SENATOR VELELLA: Between which 18 states? 19 SENATOR GENTILE: New York. 20 SENATOR VELELLA: Which state? 21 SENATOR GENTILE: What I am 22 saying to you, Senator, between 1996 and 1997, 23 the information that I have is that the 24 numbers for New York State are only one 25 percent difference, which indicates to me that 1 the rates are going down faster everywhere 2 else but New York State. 3 SENATOR VELELLA: Will the 4 Senator yield to another question? 5 ACTING PRESIDENT KUHL: 6 Senator, do you continue to yield? 7 SENATOR GENTILE: I will yield. 8 SENATOR VELELLA: If you had 9 this privileged information since 1997, why 10 would you cite to the Senate the statistics of 11 1996? If you have some new numbers, they 12 ought to be shared because my understanding is 13 that '97 and '98, we are leading the way and 14 Jersey, which did a 15 percent reduction, 15 followed our lead and copied our law to try 16 and bring rates down in New Jersey. 17 So, I don't know, if you have 18 these numbers from '97, I would be happy to 19 take look at these because you're probably 20 going to do this amendment in the next day or 21 two on the right bill. This is a commercial 22 bill. We have a rate bill coming up for 23 private auto, and I don't want to raise the 24 technical objections so we can get this over 25 with now, but you'll probably bring it up 1 again when we do the bill that should be 2 amended. 3 Why wouldn't you give us the 4 numbers that you had, the most current numbers 5 in 1997? Why would you use the old numbers? 6 SENATOR GENTILE: Senator, if I 7 might, I think we're splitting hairs here, and 8 I think the real issue that we're all trying 9 to get to is the fact that the rates in New 10 York State have been too high and, Senator, I 11 think you agree with that. I don't think you 12 would take an adversarial position or an 13 adverse position on that one. The rates in 14 this state have been too high. 15 This amendment codifies what we 16 have been trying to do, to allow the rates to 17 go down but requiring approval on any rate 18 increases, and so whatever report or numbers 19 you're talking about, I think we're splitting 20 hairs between 1996 and 1997. 21 The fact remains that New York 22 State has done an abysmal job up 'til now in 23 getting the rates down. This amendment and 24 your extension will help in that path. 25 SENATOR VELELLA: Would he 1 yield for one final question? 2 ACTING PRESIDENT KUHL: Senator 3 Gentile. 4 SENATOR GENTILE: One final 5 question. 6 ACTING PRESIDENT KUHL: The 7 Senator yields. 8 SENATOR VELELLA: Senator, 9 would you just briefly explain to me why you 10 feel your amendments on the managed care issue 11 are going to have this dynamic impact and what 12 it is on the managed care issues that you're 13 changing for New Yorkers that's not the law 14 now in your amendment? 15 SENATOR GENTILE: Well, first 16 of all, by creating an insurance consumer 17 advocate will have some - 18 SENATOR VELELLA: Mr. 19 President, point of order. If you don't want 20 to answer the question, don't answer the 21 question. The question is what are you doing 22 with managed care, not consumer advocate. 23 SENATOR GENTILE: You're asking 24 me about this amendment. 25 SENATOR VELELLA: Managed care. 1 SENATOR GENTILE: I'm asking 2 you about this amendment. What I'm saying to 3 you is this amendment has several parts to 4 it. I don't know if you read this amendment, 5 Senator, but it has -- in addition -- in 6 addition to the flex rate, it creates a 7 consumer advocate in the Insurance 8 Department. The Superintendent of Insurance 9 is directed to create a consumer advocate. So 10 that is something that will add to the 11 protection for the consumer. 12 It creates the -- it creates 13 the teeth in the excess profit law that we 14 don't have now. There's no enforcement of it 15 and in addition creates the flex band for the 16 decrease but not the increase in insurance 17 rates. 18 So, therefore, Senator, it does 19 add additional protections and drives the 20 rates in the way we want them to go. 21 SENATOR VELELLA: I have to ask 22 another question. Maybe I can try another 23 way. Will you yield for one more? 24 ACTING PRESIDENT KUHL: Senator 25 Gentile, do you continue to yield? 1 SENATOR GENTILE: Try again. 2 ACTING PRESIDENT KUHL: The 3 Senator continues to yield. 4 SENATOR VELELLA: I understand 5 flex rating. I understand consumer advocate. 6 I understand all the other elements. I'll try 7 and make it simple. What are you doing in 8 managed care that's going to save the consumer 9 money? Explain to me what the difference is 10 that you're talking about that you're going to 11 save money for the ratepayers by your changes 12 in managed care? I don't see them here. I 13 would like to see. Maybe I'm not reading it 14 correctly. What are you changing? 15 SENATOR GENTILE: Well, if 16 you're saying what are we changing, we're 17 changing the flex rating, for example. We're 18 not allowing -- in this amendment the rating 19 is not allowed to increase. It can be 20 decreased by ten percent, not allowed to 21 increase and there in and of itself, Senator, 22 that's one aspect of this -- of this amendment 23 and in and of itself, that will save money, 24 will send the message to the insurance 25 companies that this is the way this 1 Legislature, this state wants to go. It 2 allows them to reduce it by ten percent. 3 SENATOR VELELLA: Thank you, 4 Senator. 5 On the bill, Mr. President. 6 ACTING PRESIDENT KUHL: On the 7 bill or on amendment, Senator? 8 SENATOR VELELLA: On the 9 amendment. I'm sorry. 10 ACTING PRESIDENT KUHL: Senator 11 Velella, on the amendment. 12 SENATOR VELELLA: Mr. 13 President, while this amendment, while it 14 sounds great, it will do great things for a 15 press release, is first of all amending the 16 wrong bill. It deals with commercial 17 insurance and we'll have the auto bill and you 18 probably will see this again, but the sponsor 19 doesn't even know what's in the bill. 20 He's talking about two-year-old 21 figures. He's talking about managed care 22 which he can't explain. He talks about flex 23 rating of ten percent and seven percent, which 24 is already the law. We can do this. 25 Companies can reduce premiums or increase 1 premiums as much as they want. This is not 2 just a battery of ideas that we say you just 3 flex rate and there's no justification. You 4 file an increase or a decrease. All these 5 numbers have to be justified. If it's more 6 than seven percent, if it's ten percent, that 7 has to be justified. 8 So this is a lot of whitewash, 9 a lot of publicity, a lot of rhetoric. It 10 accomplishes nothing. The sponsor can't tell 11 us what he's doing with managed care to let 12 this bill -- or this amendment have any effect 13 on the rates. 14 It sounds great, the old 15 cliches. Let's appoint a consumer advocate. 16 We'll have a big office with staff, with a lot 17 of people in it and he'll save 300 million. 18 He'll save 600 million. Fictitious numbers. 19 They are not going to save anything. 20 That is why New Jersey copied 21 the New York State laws. New Jersey copied 22 our laws to get a 15 percent reduction in 23 insurance rates for their auto users. They 24 didn't copy another state. They copied New 25 York because we have been doing the job. 1 Sure, auto insurance rates are high and sure 2 we're going to have to deal with fraud. That 3 is probably one of the bigger issue. 4 We're going to deal with a 5 couple of other issues too and we need to fix 6 them, and I agree with you. We probably are 7 paying too much in the city of New York, but 8 let me tell you, this amendment is nothing 9 more than political rhetoric. The sponsor 10 doesn't even know what's in it. 11 I think we ought to soundly 12 defeat it. 13 ACTING PRESIDENT KUHL: Is 14 there any other Senator wishing to speak on 15 the amendment? 16 (There was no response.) 17 The question is on the 18 amendment. All those in favor signify by 19 saying aye. 20 SENATOR PATERSON: Party vote 21 in the affirmative. 22 ACTING PRESIDENT KUHL: The 23 Secretary will call the roll. 24 (The Secretary called the 25 roll.) 1 ACTING PRESIDENT KUHL: Record 2 the party line vote. 3 THE SECRETARY: Ayes 25, nays 4 35, party vote. 5 ACTING PRESIDENT KUHL: The 6 amendment is lost. 7 On the bill. 8 SENATOR HOLLAND: Read the last 9 section. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 6. 13 This act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call 15 the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 60. 19 ACTING PRESIDENT KUHL: The 20 bill is passed. 21 Senator Holland. 22 SENATOR HOLLAND: Would you do 23 Senator Alesi's bill. 24 ACTING PRESIDENT KUHL: The 25 Secretary will continue to read the 1 controversial calendar. 2 THE SECRETARY: Calendar Number 3 1425, by Senator Alesi, Senate Print 7672, an 4 act to amend the Personal Property Law, in 5 relation to the Motor Vehicle Retail Leasing 6 Act. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson, why do you rise? 9 SENATOR PATERSON: Mr. 10 President, may we have an explanation from 11 Senator Alesi on that bill. 12 ACTING PRESIDENT KUHL: Senator 13 Alesi, an explanation of Calendar Number 1425 14 has been requested by Senator Paterson, the 15 Acting Minority Leader. 16 SENATOR ALESI: Thank you, Mr. 17 President. 18 This bill simply harmonizes 19 language between federal regulations and state 20 regulations so as to provide less confusion 21 for those people who are leasing vehicles. It 22 is a consumer protection bill. It is 23 supported by car dealers as well as consumer 24 groups as well as the Attorney General's 25 office. 1 ACTING PRESIDENT KUHL: Senator 2 Paterson. 3 SENATOR PATERSON: Thank you, 4 Mr. President. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 7. 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 60. 14 ACTING PRESIDENT KUHL: The 15 bill is passed. 16 Senator Holland. 17 SENATOR HOLLAND: Mr. 18 President, there will be a Rules Committee 19 meeting in Room 332 at 1:15. 20 ACTING PRESIDENT KUHL: There 21 will be almost an immediate Rules Committee 22 meeting in Room 332, the Majority Conference 23 Room, at 1:15. A Rules Committee meeting in 24 the Majority Conference Room, Room 332, at 25 1:15. 1 Senator Holland. 2 SENATOR HOLLAND: Mr. 3 President, can we return to the reports of 4 standing committees and do the Finance 5 Committee report. 6 ACTING PRESIDENT KUHL: We'll 7 return to the reports of standing committees. 8 I'll ask the Secretary to 9 continue to read the report of the Finance 10 Committee which is at the desk. 11 THE SECRETARY: Senator 12 Stafford, from the Committee on Finance, 13 reports the following nomination: 14 As a member of the Board of 15 Trustees of the City University of New York: 16 Kathleen M. Pesile, of Staten Island. 17 ACTING PRESIDENT KUHL: Senator 18 Santiago, on the nomination. 19 SENATOR SANTIAGO: Yes, Mr. 20 President, to explain my vote. 21 ACTING PRESIDENT KUHL: Do you 22 want to just explain your vote, Senator 23 Santiago, or would you like to speak on the 24 nomination. 25 SENATOR SANTIAGO: Yes. Can I 1 explain my vote? 2 ACTING PRESIDENT KUHL: As soon 3 as we get to a roll call. Any other member 4 wishing to speak on the nomination? 5 Senator Stavisky. 6 SENATOR STAVISKY: May I remain 7 seated, Mr. President? 8 ACTING PRESIDENT KUHL: 9 Certainly. Certainly, Senator. 10 SENATOR SANTIAGO: I will not 11 be supporting this -- this nomination. This 12 morning at both the Higher Education Committee 13 and at the Finance Committee meeting the 14 nominee did not respond correctly to the 15 question about remedial education. 16 It's probably the most 17 important question that in New York City, the 18 CUNY system, probably the most difficult plan 19 that has ever had to be designed and it's 20 probably the most controversial plan that 21 anyone has had to design for the city of New 22 York. 23 I think that anyone who reads 24 the New York Times, as the nominee said that 25 she read, would have read the proposed plan 1 and the adopted plan. So I expected that at a 2 minimum she would have an opinion on the plan 3 because that plan affects all the children of 4 the city of New York and particularly it 5 affects the population that I represent and 6 people like myself, people of color, black 7 people, Puerto Rican people, minority people 8 and immigrants. 9 CUNY is now a system that it 10 appears to me is primarily made up of minority 11 students, people like myself. It was very, 12 very difficult to listen to her and to hear 13 her say that she was going to study and to 14 become familiar with the issues that are 15 affecting the city of New York and the 16 children of New York City because those 17 children are our children, and it appeared to 18 me -- and I apologize in advance if it's 19 disrespectful, but it appeared to me that she 20 was going to study the problem of remediation, 21 whether the plan was a good plan or not a good 22 plan when it's already in effect and she was 23 going to do that on the backs of black, Puerto 24 Rican and Latino and minority students. 25 That's totally unacceptable. 1 I understand that a member -- a 2 person who is going to be appointed -- I 3 understand clearly that a person who is going 4 to be appointed doesn't have to know the full 5 range of issues that impact that committee. I 6 understand that. I accept that, but this is 7 probably the only issue that is controversial 8 and is really important. 9 She didn't come prepared to 10 address that issue and she should have 11 expected -- I have to assume that she must 12 have looked at who sat on that committee, at 13 the Higher Education Committee, and she must 14 have seen that a Puerto Rican from Brooklyn 15 sat on that committee and that I sit on it 16 proudly and that I sit on it on behalf of all 17 the children of the city of New York and the 18 state of New York. 19 So it was very disappointing. 20 I really don't think she had the knowledge 21 base on the most important question affecting 22 our community, and I really would appreciate 23 it if she would study the issue, and I will 24 not support it again because I also don't 25 think she understands that it's not an issue 1 of quality education. It's an issue of access 2 to education and what we have always 3 requested, all of us, minority students, 4 minority people like myself, we've never asked 5 to change standards. It's not a standards 6 question. It has nothing to do with 7 excellence, but it has everything to do that I 8 want the opportunity to fail and if you deny 9 me the opportunity to fail, I will fight you 10 every step of the way and, as you well know, I 11 really stand up and I feel very strongly about 12 this. 13 You cannot deny people the 14 right to an education and this is what this 15 plan means and for her not to have an opinion, 16 even if we disagreed, even if we disagreed, 17 that was acceptable. What was not acceptable 18 is lack of knowledge, and she didn't know what 19 the issue was at all. 20 Thank you, Mr. President. 21 ACTING PRESIDENT KUHL: The 22 Chair recognizes Senator Marchi. 23 SENATOR MARCHI: Mr. President, 24 we had a very productive meeting this morning 25 with Kathleen Pesile and she was most 1 responsive and most effective in addressing 2 all of the myriad issues that confront a 3 nominee. 4 She has a unique background 5 that I think is not matched, or if it is 6 matched, it is certainly not inferior to 7 anybody on that board that serves now. 8 As a matter of fact, I think 9 it's a very enviable array of experiences 10 taken in their aggregate for someone of her 11 stature to become part of a collegial body, 12 making important decisions that affect 13 millions of young men and women who are 14 seeking higher education to advance themselves 15 and to also participate in the crying needs 16 that New York City needs for people with 17 higher educational standards. 18 She addressed the fact that 19 certainly we should have from the City 20 University the satisfaction of knowing that 21 their diploma, their degree, is not going to 22 be undermined or diluted because it will 23 contain within itself the mastery of subject 24 matter and the mastery of people who will be 25 interested in utilizing their services. 1 She was born in a minority 2 background. She was on welfare, the family. 3 She was in public housing at the time, fully 4 aware and fully sensitive to the needs of the 5 total population to have that opportunity 6 and - 7 SENATOR GOLD: Mr. President. 8 Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Gold, why do you rise? 11 SENATOR GOLD: Mr. President, I 12 don't mean to interrupt my distinguished 13 colleague, but I've heard a rumor that perhaps 14 there was an indication that there might be a 15 Rules meeting called around 1:15. Since there 16 are members on Rules who want to be involved 17 in this, I would just urge that perhaps while 18 we're debating this, the powers that be could 19 hold the Rules Committee meeting. Perhaps you 20 can communicate that. I would be very 21 grateful. 22 Senator Marchi, I apologize for 23 that. 24 SENATOR MARCHI: Thank you, 25 Senator. 1 ACTING PRESIDENT KUHL: Senator 2 Marchi. 3 SENATOR MARCHI: So these are 4 very important considerations that cannot be 5 taken lightly and they were not taken lightly 6 by the members who participated in the Finance 7 Committee meeting. 8 The information and questions 9 were elicited from a number of members, both 10 sides of the aisle, all of them, in their 11 aggregate, and I communicated this to the 12 nominee, contributed to things that she ought 13 to be hearing and to give her a broader 14 vision, as wide as this -- as she has now, of 15 the problems that we'll be facing. 16 Now, let me just review very 17 briefly Kathleen Pesile's background. She's a 18 resident of my county and she's an adjunct 19 professor. She's had that experience, but let 20 me lead up to that. She has been head of this 21 financial group, Pesile Financial Group. She 22 has been a financial consultant, International 23 Banking Program of the American Bankers 24 Association. She has been vice-president of 25 Global Markets and Mergers and Acquisitions 1 for J.P. Morgan & Company. She has been 2 Capital Cities/ABC-Securities Data Division 3 vice-president. 4 She has an impressive 5 background academically. Graduated summa cum 6 laude from Staten Island College, went to 7 Baruch and received her Master's with a magna 8 cum laude characterization of her work and 9 academic work there, and she's a doctoral 10 candidate in international affairs at New York 11 University. 12 I might point out that in her 13 service with J.P. Morgan, she had traveled 14 around 43 different countries and has an 15 excellent -- has an excellent background of 16 international dimensions. 17 So these are experiences that 18 are very, very valid -- one who came through 19 the system, one who professed in our presence 20 that had it not been for the opportunities 21 that she enjoyed at the City University, at 22 Baruch, the sum total of this experience 23 having an impact that certainly led her to 24 exercise important responsibilities. 25 As an adjunct professor, I know 1 for a fact that she has helped students out of 2 time, her own time, to bridge gaps that she 3 has helped student graduates from the City 4 University in preparing resumes, to maximize 5 the strengths that they were presenting with 6 their degree. This all adds up to a 7 tremendous interest and concern with the 8 results and the effect that it has on the 9 nominee. 10 Now, the questions that were 11 asked and that produced at least one comment, 12 maybe more, were all advanced very decorously 13 and with the greatest sincerity by people who 14 were for and against and it's -- she raised 15 the question, Mr. President, that some issues 16 should stand on a full record, not on a 17 newspaper article, not on questions that might 18 be asked or volunteered but by interaction in 19 a governing board, and this is very, very 20 important. Absent that, you don't have an 21 informed judgment. You don't have a judgment 22 that's going to be influencing the total 23 thinking of that body. She has these factors 24 working in her favor. She has the respect of 25 faculty. She has the respect of students. 1 She has the respect of the total community. 2 Questions were made about 3 knowing what the facts are and how the 4 response should be. I brought out an argument 5 that one of our governors, Governor Nelson 6 Rockefeller, who did -- was a tremendous 7 Governor, maybe one of the greatest who ever 8 lived -- but had made a promise that there 9 would be no new taxes. I was challenged on 10 that and I said I would not support it until I 11 saw a budget and it would be wrong to 12 prejudge, but it turned out that the following 13 year we didn't have proposals for new taxes 14 but we did have proposals for a dramatic 15 increase in fees that exceeded any increase in 16 taxes. 17 I did close my remarks in 18 committee with the example of Edmond Burke. 19 Edmond Burke said that you owe your industry 20 and judgment to the people that you're 21 representing and that you -- you render them a 22 distinct disservice if you subject that to any 23 other consideration, and I think that's a good 24 maxim, Mr. President. I think it's a 25 principle that's shared by Kathleen Pesile 1 simply because she has the intelligence and 2 the experience necessary to make a 3 difference. Her presence will make a 4 difference and will enrich that body at a time 5 when the times are difficult. 6 So I think, Mr. President, we 7 have an excellent candidate to consider. Her 8 interests are not just academic. They're not 9 just economic, academic, social. They're also 10 cultural. A member of the board of directors 11 of the Staten Island Symphony, member of other 12 organizations that are in her - 13 ACTING PRESIDENT KUHL: Senator 14 Marchi. 15 SENATOR MARCHI: -- in her 16 recitation. 17 ACTING PRESIDENT KUHL: Senator 18 Marchi. 19 SENATOR MARCHI: Yes. 20 ACTING PRESIDENT KUHL: May I 21 interrupt you? 22 Senator Gold, for the benefit 23 -- a response to your request and also to all 24 of the members, I have been informed by the 25 Majority Leader that the Rules Committee will 1 be held until after this confirmation debate 2 is concluded. 3 SENATOR GOLD: Thank you so 4 much. 5 ACTING PRESIDENT KUHL: In an 6 effort to try to cooperate and facilitate the 7 end of session. Certainly you recognize 8 that. 9 Thank you for indulging the 10 interruption, Senator Marchi. 11 SENATOR MARCHI: Thank you, Mr. 12 President. 13 So I recommend -- I don't take 14 my words lightly here on the floor. I voted 15 for measures that were not generally favorable 16 -- favored by a majority of the members. 17 I've tried to exercise that responsibility 18 seriously, but this is not a difficult 19 decision. This is an easy lift because of the 20 tremendous and superb qualities that she 21 brings to her proposed nomination. 22 So with the greatest respect to 23 the members who had questions that deserved 24 some answers, I believe that response was 25 earnest, sincere and commendable. She said 1 I'll be willing to come back and tell you 2 every jot and tittle of my position on any 3 number of issues that demand that kind of 4 inquiry and thank God she has it. 5 She is an individual that can 6 deliver that kind of interest, that kind of 7 concern with the objective -- stated objective 8 of maximizing opportunity in the city of New 9 York and those others who come into the City 10 University, to give them the greatest 11 opportunity possible in achieving their 12 objectives academically. 13 So, Mr. President, I don't 14 think I've ever been prouder of a nomination 15 of this nature than I have of this one and I 16 think it's been a very good nomination. I 17 think that she brings those qualities in a 18 rich array no matter what facet, a family 19 woman, all of the qualities that I think would 20 endear us to someone who's highly desirable as 21 a member of the CUNY board. 22 So, Mr. President, I move the 23 confirmation of this nomination and trust and 24 hope that it will receive your commendation 25 and your support. 1 SENATOR GOLD: Mr. President. 2 ACTING PRESIDENT KUHL: Senator 3 Gold, why do you rise? 4 SENATOR GOLD: Seeking your 5 attention to speak when it's my turn. 6 ACTING PRESIDENT KUHL: We have 7 a list going, Senator Gold. 8 SENATOR GOLD: I thought I was 9 on it. 10 ACTING PRESIDENT KUHL: There 11 are several members ahead of you. Senator 12 Stavisky is next. 13 Senator Stavisky on the 14 nomination. Certainly, sir, you may remain 15 seated. 16 SENATOR STAVISKY: I attended 17 the meeting of the Higher Education Committee 18 and as the ranking Minority member of that 19 committee, I want to share with you my 20 perception of the candidate. 21 We are not gauging anyone who 22 is unfamiliar with the issue. We are 23 responding to a request by the Governor to 24 have an appointee who agrees with his position 25 on affirmative action and on access to the 1 higher education community. 2 I believe in standards. I am a 3 product of City College at a time when 4 standards were exceptionally high, when 5 members of government, when people who 6 excelled in education, in business, in labor 7 were in attendance at that institution and 8 there were more Ph.D.s from City College and 9 the other senior colleges than any institution 10 in the country could produce. 11 There were members of the Nobel 12 laureates, and I believe that it is a proud 13 tradition which should be respected. 14 Nevertheless, we are not qualifying her on the 15 basis of her affiliations, on the basis of her 16 background in finance, which admittedly is 17 exemplary, or in business. We are dealing 18 with a candidate who will have to vote on the 19 issues of access. 20 I believe that there will be a 21 chilling effect on access if we go along with 22 the position taken by the CUNY trustees and we 23 asked her, give us your reaction to the 24 proposal to deny any remediation at the senior 25 colleges and she gave us the conclusion that 1 she could not judge at this time. 2 Why do we have to judge at this 3 time someone who has no opinion on access, on 4 affordability, on all of the issues that make 5 attendance at CUNY so important? 6 If we do not have clear answers 7 from her as to what her views are, forget the 8 views of anyone else, what her views are on 9 the question of remediation at the senior 10 colleges, then why should we be rushed to 11 judgment, simply to provide another vote for 12 this? I think not. 13 I'm asking my colleagues to 14 vote no in order to postpone a decision which 15 is being made without adequate information. 16 When asked her views on other 17 issues, on the issue of -- on the issue of 18 privatization, again she said she didn't have 19 enough information. She could not give us a 20 view of her own. 21 Why then do we rush to provide 22 a confirmation for someone who has not 23 bothered to know what her views are on issues 24 such as access, affordability, privatization 25 and other issues that are before the SUNY 1 trustees? 2 We have an obligation to the 3 City University board to make certain that we 4 are not empowering an individual on the basis 5 of an estimate but rather a basis on what her 6 views are, and I think that we should not be 7 rushed to judgment unless she herself shares 8 with us her views on these issues. 9 I predict that if we are 10 prevented from offering remediation at any 11 level, including the senior colleges, it will 12 be a sorry day for the City University of New 13 York. We will be gambling with the future of 14 CUNY. We will be gambling with the future of 15 the -- of the institution and also the future 16 of the city. 17 We are all products of 18 immigration. We're all products of offers 19 that can make for a very difficult decision, 20 and I would not wish to saddle the City 21 University trustees or the City University 22 with a person who is being pushed for 23 appointment simply because she agrees with the 24 Governor's position on this issue. 25 We have a right to know what 1 her position is on such issues, of access, of 2 the opportunity for people who need the City 3 University of New York in order to fulfill 4 their destiny and we have an obligation to 5 know what the impact of privatization will 6 mean. We have not been given a clear-cut 7 answer to any of these questions and we cannot 8 go with hunches. We cannot go with 9 projections as to what she is thinking of if 10 she cannot tell us clearly, definitively what 11 her views are on these issues. 12 And so, my colleagues, with no 13 disrespect to the sponsors, with no disrespect 14 to Senator Marchi, I ask you to evaluate this 15 candidate. She has not any views on 16 remediation at senior colleges. She has no 17 familiarity with what this means in terms of 18 access for ethnic minorities and other 19 minorities. She has no understanding of what 20 these issues mean in the reality of the City 21 University of the city of New York. 22 I ask you not to go so fast. 23 Give her the time to learn and then to respond 24 and then when she has time to learn and 25 respond, I think it's time enough for us to 1 make a judgment regarding her. 2 So I ask for a vote of no 3 because I believe that she will do a 4 disservice to the access and availability of 5 free higher education or relatively a free 6 higher education in the city of New York, and 7 I believe that we should go slowly as she 8 wishes to go slowly and not rush to judgment. 9 For these reasons, I ask that 10 there be a "no" vote temporarily until she can 11 develop some views of her own and we have a 12 right to know those views and we should not be 13 signing a blank check for any person wishing 14 to be a trustee. 15 I will recommend a "no" vote 16 because I believe that City University is 17 entitled to standards that will prepare the 18 graduates for opportunities in the 21st 19 Century, but we should not rush to judgment. 20 I, therefore, ask -- I will be 21 voting no. I, therefore, ask my colleagues 22 who believe in access to do the same thing 23 with their votes. 24 Thank you. 25 ACTING PRESIDENT MEIER: 1 Senator Mendez. 2 SENATOR MENDEZ: Mr. President, 3 at times when I take a position that differs 4 with the position taken by some members of my 5 party, I ask myself the question, must I do 6 like the salmons and swim against the 7 current? 8 It seems that there are 9 instances in which that must be the case. We 10 are talking here of a woman who presented her 11 background and points of view in the Finance 12 Committee meeting. I was -- it's a very 13 fascinating thing that with so many people 14 there, each one get -- each one of us gets a 15 different perception of the woman, Mrs. 16 Kathleen Pesile, and I want to tell you why 17 I'm supporting her. I will be voting for 18 her. 19 First, we're talking about a 20 woman that was born in poverty. Her family 21 had to take welfare. She was a welfare 22 recipient, a woman that worked very hard, that 23 is a graduate of City College and that 24 attained in the economic area of our society a 25 place of distinction. 1 Oftentimes it happens that when 2 somebody comes from a very, very humble origin 3 and they achieve the big standards in society, 4 they don't want to hear anything that reminds 5 them of their usual origins. This woman is 6 totally different. She's very comfortable 7 with her background and her efforts and she 8 has chosen, besides being a 20-year adjunct 9 professor, to on her time over the weekends, 10 to teach, instruct and help students from City 11 University and most of them students of color. 12 The one question that she did 13 not answer there in the Finance Committee 14 meeting was her position of -- on remedial 15 instruction. 16 Now, the sad reality is that 17 the situation of remedial instruction has 18 become a political football, Mr. President, 19 and everybody is engaging in a ridiculous 20 rhetoric about the whole thing. 21 I support it. I support access 22 to higher education because we all know that 23 the sons and daughters of previous immigrants 24 were able only to make it and succeed 25 economically in this country only through 1 education and, if education is denied to our 2 people, then they will not get anywhere and we 3 will be included in a permanent economic under 4 class in the country and not very well, sir, 5 but the political rhetoric that governs the 6 issue of remedial instruction is such that 7 people are -- because she answered that 8 question and she just said, I want to gather 9 the necessary information to get all my facts 10 together. Why should I doubt that, in fact, 11 this woman that has a history of being an 12 achiever and responsible in many areas of 13 human endeavor, why should I doubt that, in 14 fact, she is sincere in saying that at the 15 present moment she wants to engage in further 16 research on the issue? 17 I don't know what her position 18 is. I only know that this is a woman that, in 19 my view, has shown sensitivity to the students 20 that we in City College know must have a 21 genuine opportunity. What surprises me in all 22 of this rhetoric, Mr. President, is that for 23 30 years, 30 long years, as a result of the 24 decentralization law, the Central Board of 25 Education was in charge of managing and 1 supervising instruction in high schools. They 2 have done an abominable -- an abominable job 3 with no public -- no public accountability 4 whatsoever. 5 Recently we also know that that 6 same Central Board of Education for the past 7 years have done another abominable and 8 irresponsible job in the area of education. 9 Nobody is casting aspersions in that body that 10 should be disbanded, if I would have my way. 11 So, Mr. President, I disagree 12 wholeheartedly with my friends and my 13 colleagues on this side of the aisle that do 14 want to deny this woman with a proven record 15 the opportunity to contribute to the 16 betterment of the City University. 17 I don't think that the -- that 18 the issue of access is at stake. I don't 19 think that she would be voting for preventing 20 access to students of poor families and 21 minorities to go into the university because 22 she herself was a member of that socioeconomic 23 class way before, and I think that she could 24 contribute and will contribute wisely. 25 So, Mr. President, I will 1 support her nomination. 2 Thank you. 3 ACTING PRESIDENT MEIER: 4 Senator Paterson. 5 SENATOR PATERSON: Thank you, 6 Mr. President. 7 Senator Mendez has raised some 8 good points about the qualifications of the 9 individual and how those qualifications moved 10 into other areas, may bring the individual in 11 touch with what the duty of serving on the 12 CUNY board may be, and I certainly hope that 13 Senator Mendez is right. 14 In fact, this particular 15 nominee, Ms. Kathleen Pesile, we need Senator 16 Mendez to be right. We need Ms. Pesile to 17 achieve. We need that because we have 18 students who are at college level who 19 unfortunately are not up to the standards of 20 times that we would like. We have students 21 going through the CUNY system who, in spite of 22 what they may even learn there, may not have 23 the opportunities to work and become members 24 of our society in a working capacity to the 25 extent that we would like. 1 We have right now a system that 2 is very much under siege and we need 3 independent voices who are going to serve on 4 that board and are going to bring distinction 5 by doing something Senator Mendez was talking 6 about, going against the tide, going against 7 the flow from time to time. 8 Now, I have never met Kathleen 9 Pesile, and I want to wish her the best at a 10 point that she might accede to the CUNY 11 board. Her resume certainly demonstrates 12 great proficiency in a number of areas, and I 13 don't think that this is an issue about her 14 personal ability, which I think is quite 15 distinguished as was described by Senator 16 Marchi and Senator Mendez. 17 The issue is that in the past I 18 have stood here and I have wanted to get up 19 and talk about some of the nominees, and I 20 really just couldn't, and the reason I 21 couldn't was because I was imagining myself 22 sitting in the gallery. I imagine myself 23 coming to Albany knowing I would be ready to 24 work hard, knowing that I really have some 25 principle and some conviction and would not 1 like to see my record torn down by people on 2 the floor who don't even know me. So we're 3 not even going to do that because it's not an 4 issue of this nominee, Ms. Pesile, because her 5 distinctions stand on their own. 6 This is an issue of what the 7 CUNY board is actually established for. This 8 is an issue of what we are as legislatures - 9 legislators charged to do in this chamber with 10 respect to nominations. 11 This is a policy decision that 12 we're looking at. Now, we know that it has 13 been stated pretty openly that there are some 14 changes that the Governor would like to make 15 with respect to the way our City University of 16 New York is operating, that there would be a 17 denial of what were previously accepted 18 opportunities, that we would be in some ways 19 diminishing access at some points and we would 20 also be not allowing for the level of 21 remediation that we have allowed to this 22 point. 23 We're talking about students 24 who have graduated high school, students who 25 have come through some of the most difficult 1 challenges of our time, poor housing, 2 substance abuse, crime, an often failed 3 education system, an often failed mental 4 health -- an often failed health care delivery 5 system and somehow through those issues they 6 have come through it and graduated high 7 school, not always with the ability that we 8 might have desired but certainly with the 9 credential that they are eligible to receive a 10 college education, and what we are saying is 11 that since they've demonstrated the 12 determination and perseverance to get to the 13 point that they are now, the expenditure for 14 the remediation that they would need so that 15 their true ability would come out is something 16 that we endorse. 17 Some don't feel that way. We 18 respect that point of view but what we are 19 doing right now is now taking what are the 20 issues of the day and using them as the test 21 to appoint individuals where their service 22 will actually extend far longer than what the 23 controversy of today's issues are, and there 24 is where I think we are remiss in constituting 25 boards because we are not understanding the 1 distinction of leadership. We are not 2 bringing leadership to these boards as much as 3 we are bringing support for political 4 positions that are currently seasonable and in 5 doing that, we, in my opinion, diminish the 6 integrity of all boards for all time. 7 We have got to bring to the 8 CUNY board, as well as any other institutions, 9 that integrity that is not just ephemeral but 10 something that stands for some period of time. 11 Leaders are individuals who 12 stand on their own judgment. Non-leaders are 13 those who follow the opinions of others. 14 Leaders think. Followers copy. Leaders 15 produce. Followers simply go along. Leaders 16 are concerned with the prospect of nature. 17 Followers are concerned with the prospect of 18 single issues. Leaders come to decisions 19 through a free and open exchange of ideas and 20 opinions with others. Followers want to herd 21 people like brainless, thoughtless robots into 22 any other opinion other than their own. 23 We come on earth as individuals 24 with really just our minds. We come on earth 25 quite unarmed as human beings. Our brain is 1 our only weapon, but we must remember that the 2 mind is an attribute of the individual. There 3 is no such thing as the collective brain. The 4 person who thinks must think and do for 5 themselves. The thinking and reasoning mind 6 cannot be subordinated to the needs, opinions 7 or wishes of others, and that is where I think 8 we are going in a very, very circuitous and 9 wrong direction by at this point looking at 10 what may be the political battles of the day 11 rather than the selection of individuals who 12 have spent their lives educating themselves 13 about the particular issue for which they are 14 being appointed, which in this case is higher 15 education. 16 So without any ill feeling or 17 malice toward the individual, who I hope will 18 prove me wrong because the young men and women 19 of New York City who are college age and 20 eligible need it. 21 However, Mr. President, I 22 cannot support this particular nomination. 23 ACTING PRESIDENT MEIER: 24 Senator Markowitz. 25 SENATOR MARKOWITZ: Thank you 1 very, very much. 2 First off, Senator Marchi, 3 whenever you have such glowing words for a 4 resident of Staten Island, I immediately take 5 attention because I know that you don't use 6 your words lightly and you're very sincere and 7 I'm sure Ms. Pesile is one of the most 8 outstanding products of Staten Island, that 9 borough that's on the other side of your 10 Verrazano Bridge, but during the 11 administrations, Republican or Democrat, I 12 have always supported a gubernatorial 13 appointment whenever -- whenever possible, 14 which has been 99 percent of the time, but 15 there comes a time every now and then, even 16 though I believe that chief executive has a 17 right to select the men and women around him 18 or her, in this case, it's not the person 19 necessarily but the symbolism of what I 20 believe can be the outcome. 21 Many of us, including myself, 22 are a product of the City University. The 23 marks, when I approached college, was such 24 that I elected to go to the evening college 25 for nine years and worked full time during the 1 day for a number of different reasons. I had 2 to do that anyway, but I certainly would not 3 want to put any student today, if they can 4 have a choice, to go to school at night and to 5 defer their graduation four-year cycle to a 6 period of eight or nine years the way I had to 7 do it. 8 I think that all of us share a 9 goal, and that goal is that the more of our 10 younger people that attain a higher education 11 are the more young people as they grow into 12 adults that will be productive residents of 13 the state of New York and certainly of our 14 nation and, therefore, the criteria that we 15 should use is how do we educate more rather 16 than how we wind the City University down to a 17 level that you may feel will enhance the 18 college's reputation and, as I look at it, 19 will do damage for those students that need 20 this education the most. 21 Now, the truth of the matter is 22 that for many years, as you well know, this 23 state government starved -- starved the city 24 of New York in many ways in terms of the level 25 of funding as opposed to many areas outside of 1 New York City and secondly we in New York City 2 didn't do such a great job ourselves. This is 3 not blaming one state or one city, but rather 4 there's fault to go around, but certainly the 5 end result of that was that too many of our 6 kids from neighborhoods that are most 7 challenging were not provided the best 8 education that this society owes them. 9 There's not a question about it. 10 Now we're saying to them that 11 not only do we slap you one way but now we're 12 going to slap you another way and that we're 13 not going to allow you to be able to take 14 these remediation courses that will bring them 15 to the level that will give them every ability 16 to compete and to become a college graduate, 17 get a Master's Degree and a Ph.D., business 18 degree, or whatever their life may bring them. 19 And so, Senator Marchi, my 20 colleagues, the reason why I have to vote 21 against this appointment, why I have to and 22 why I pray that I'm wrong in this appointment 23 in my vote and I hope in a year from now this 24 nominee will be able to call me on the phone 25 and say, Marty, your words and others around 1 this room were such that you realized as 2 someone who struggled in your life, let's not 3 forget that struggle or deny the opportunity 4 to those that come after us, that the purpose 5 of the City University, both the junior 6 colleges, community college and the senior 7 colleges, is to offer the greatest educational 8 opportunities to the greatest number of our 9 students. Let's not close the door but let's 10 open our arms and open the doors and give 11 every child, every student in this state, an 12 opportunity to reach for the stars. 13 Thank you very, very much. 14 ACTING PRESIDENT MEIER: 15 Senator Holland. 16 SENATOR HOLLAND: Mr. 17 President, could you read the last section of 18 the bill and allow Senator Saland to speak - 19 to vote, rather, on the nomination. 20 ACTING PRESIDENT MEIER: The 21 Secretary will call the roll. 22 (The Secretary called the 23 roll.) 24 ACTING PRESIDENT MEIER: 25 Senator Saland. 1 SENATOR SALAND: Aye, Mr. 2 President. 3 ACTING PRESIDENT MEIER: 4 Senator Saland will be recorded in the 5 affirmative. 6 We'll withdraw the roll call. 7 We're back on the nomination. 8 Senator Lachman. 9 SENATOR LACHMAN: Mr. 10 President, I do want to speak on this, but I 11 believe that the ranking Democratic member of 12 the Finance Committee wanted to speak and I 13 defer to him, Senator Gold, and I'll speak 14 after him. 15 ACTING PRESIDENT MEIER: 16 Senator Gold. 17 SENATOR GOLD: Thank you very 18 much, Senator, Mr. President. 19 Mr. President, if we get really 20 back to basics, the reason for what we're 21 doing today is constitutional and we have a 22 mandate and the mandate is that whether we 23 agree or do not agree with somebody's 24 ideology, the issue is whether the person is 25 qualified and it's quite obvious that during 1 the Carey-Cuomo years, members on the other 2 side of the aisle were confirming people whose 3 ideology they may not have believed in, but in 4 all candor and in fairness to the 5 Constitution, you were confirming people who 6 were qualified. 7 The CUNY board has a huge 8 responsibility and I'll tell you, I don't 9 mince words too often, but the present 10 chairman of that board, in my opinion, has, 11 well, say been a disaster, certainly hasn't 12 lived up to any hopeful expectations. The 13 board itself has raised questions and that to 14 some extent may be our fault, and the reason I 15 say that may be our fault is because the way 16 we do our confirmation process, I respectfully 17 suggest to my colleagues, should be changed. 18 Years ago we didn't even take 19 the confirmation process seriously and I 20 remember when I came to the Senate and I said, 21 you know, this is something which is a 22 constitutional mandate. Why don't we take 23 this seriously and it happened to be Governor 24 Rockefeller at the time and people weren't 25 interested in listening to me. The minute we 1 got to Governor Carey, the Republicans in this 2 house said, You know, Manny, you had a 3 terrific idea. We're going to take a much 4 closer look at the nominations. Well, for 5 whatever reason, we now do take a closer look, 6 except that what happens is that there's a 7 game in the confirmation process and while we 8 joke about it, maybe it's time that as a 9 collective body we stop joking about it and we 10 change it. We tell people -- and I'm part of 11 that problem -- we tell people if your 12 confirmation is two minutes, it's better than 13 if it was ten minutes and if it's 30 seconds, 14 you did terrific and the best way to get 15 through is don't know anything. 16 Well, I think the United States 17 Congress goes too far the other way. I mean, 18 they can hold confirmation hearings for 40 19 days, but some place in the middle it makes 20 some sense to make an adjustment. 21 The confirmation yesterday, for 22 example, of our very distinguished colleague, 23 John Daly. Now, many people in this house 24 have voted with John Daly or against John Daly 25 on certain energy issues. Nobody was 1 concerned yesterday as to his position on one 2 particular issue or another. Nobody 3 questioned that the man was qualified. 4 So when we were asking 5 questions in the Committee, it really wouldn't 6 have mattered too much constitutionally if 7 this lady had said that she felt one way or 8 another on certain of these issues or if she 9 was leaning one way or the other, or if she 10 had a prejudice one way or another. I'm using 11 prejudice in a decent way, not in a bad way. 12 That, in my opinion, would not have led to a 13 disqualification, but if you have somebody who 14 is asked what are legitimate questions and 15 really, really borderline questions -- as a 16 matter of fact, I would say superficial but 17 they weren't, but they're so borderline. 18 Nobody in the Committee was asking the 19 candidate to go deeply into hidden items that 20 may come up in front of CUNY. They weren't 21 picking apart a statute. These were very 22 generalized questions in areas that have 23 become very, very well known in the media. 24 At one point the candidate said 25 or somebody suggested -- I don't know whether 1 it was the candidate -- somebody suggested 2 that somebody shouldn't have to read the New 3 York Times in order to find out information, 4 that somebody should be on the job and really 5 in the middle and as I pointed out, I'm 6 certainly the last person to suggest that the 7 press ever gives you anything right regardless 8 of what it is, but you certainly know there's 9 an issue. Whether you believe they're 10 reporting or not, you know there's an issue. 11 Now, the problem that many of 12 us had in the Committee was how do you say you 13 want to serve on a board and not understand 14 that there's an issue out there and what human 15 being hears that there's an issue and doesn't 16 get some reaction? 17 The normal response of most 18 people I know is that, when you hear about an 19 issue, you say, Well, gee, it sounds to me 20 this or it sounds to me that, and if the 21 candidate had said, Well, I know there's an 22 issue out there and I know the board did 23 something. I think the board may be right. 24 I'm not adverse to taking a look when I'm 25 there or I think the board was wrong and I'm 1 not adverse to taking a look, you get a 2 feeling that someone is leveling with you, and 3 I think that is the disappointment that many 4 of us felt. 5 Somebody said at the Committee 6 meeting that the Daly -- Senator Daly example 7 was not really a good example because almost 8 everybody that comes before us has no 9 experience, and I didn't answer it at the 10 Committee, but I'll answer it here. That just 11 really isn't so. My friends, that isn't so. 12 We have throughout the years 13 confirmed people to the Parole Board who were 14 parole officers. We have had people go to the 15 Corrections Department who worked their way 16 up. We have had bankers who go to the Banking 17 Board and people in the insurance business who 18 go to insurance boards and all of the time we 19 get people who have experience. Do we have 20 some people with no experience and the answer 21 is yes and we ask them questions and that is 22 the proper thing to do. 23 I have made the suggestion that 24 in the future to avoid this problem maybe we 25 ought to undertake as a Minority -- maybe even 1 as a Majority, God willing next year -- to 2 send letters to nominees of a governor and 3 say, Look, you're going to come before the 4 Committee. We're interested in these areas. 5 Please take a look at them before you get 6 here, but this is a legitimate area of 7 inquiry. 8 I want to turn to the nominee 9 with a little more specificity. The nominee 10 gave an opening statement, which I believe was 11 very well prepared and probably very sincerely 12 given, but I wrote down a couple of the words 13 that were being used. So the nominee said she 14 would like to be on the board so she could be 15 a "facilitator". I asked her a question: 16 What is it you want to facilitate? She said 17 that she wants to be there to help make the 18 changes, and I said tell me one of the changes 19 and that's where the problems started to 20 develop because she would not give us an area 21 that she wanted to facilitate or a change that 22 she wants to make and somebody, one of her 23 supporters, said, Well, look, when the person 24 gets there, you will be in the middle of a 25 fight and why should you have to guess when 1 all this other information is there, except 2 that this particular nominee has been an 3 adjunct professor in the classrooms and she's 4 proud of it and I'm proud of her for being in 5 the classroom, but if you're in the classroom 6 and you see on a day-to-day basis or even if 7 it's weekends, you see what's going on, you 8 must have some inclination of what you want to 9 do. You've got to, and the disappointment 10 that we had was that inability to come 11 forward. 12 I want to lastly address one 13 other issue. There is no doubt in my mind 14 that, if you take a look at the background, 15 you say you have a woman of humble beginnings, 16 a woman who worked her way up, a woman who 17 sincerely wants to do the right thing, and I 18 don't want to attack people who are not here 19 to defend themselves, but Herman Badillo is a 20 person with a very exceptional background, a 21 Borough President, a Congressman, done many 22 things and he is certainly a man who has 23 brought success and dignity to himself. It 24 doesn't mean that I agree with the conclusions 25 that he reaches on a particular issue. 1 This woman has done wonderful 2 things in her life and she should be proud of 3 her life as Senator Marchi has set it forth 4 and he is proud and we all understand that, 5 but the fact that she had a certain background 6 doesn't mean that when she gets on this board 7 she is going to come to conclusions that we 8 may agree with or we may not agree with. 9 Now, somebody on the other side 10 is saying, Manny, you're talking out of both 11 sides of your mouth. On the one hand, you're 12 saying you may or may not agree with her and 13 on the other hand you're saying this is a 14 question of qualification and she may be 15 qualified if you don't agree with her, but 16 I'll tell you why I'm not being hypocritical. 17 I'm going to vote against this 18 lady, this very nice lady, this fine lady, 19 because I can't honestly tell anybody she is 20 qualified because she hasn't given me anything 21 in the interview to tell me she's qualified. 22 If she said to me that she was opposed to one 23 of my positions but at least I knew that she 24 knows there's an issue and she's thought it 25 out and came to a different conclusion, I 1 could say, Oy gevelte, you know -- oh, the 2 stenographer is going to have a problem with 3 that one -- I could say, you know, I'm hurt by 4 the answer, but the woman is qualified. She 5 knows the issues. She came to a conclusion. 6 In a situation where the person 7 will not acknowledge the issues to the extent 8 of even wanting to be involved during this 9 process, I believe that it is impossible to 10 say that the individual is qualified for this 11 job. 12 Is she a qualified person? 13 She's obviously an extraordinary person and 14 someone who I would admire in terms of her 15 background, but that's not my job today. My 16 job today is to make a constitutional 17 determination as to whether or not the person 18 who is nominated by the Governor is qualified 19 for this position and based upon what I have 20 said and what others have said, I cannot in 21 good conscience vote for the individual. 22 I do it with regret to my 23 colleague, Senator Marchi, for whom I would 24 like to be the head of the fan club and for 25 whom I have the greatest esteem, but I really 1 do believe that we have to change our 2 process. We have to encourage candidates to 3 be forthright instead of hiding behind I don't 4 know, and I think that will benefit all of us 5 and lead us to a better class across the board 6 of nominees. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MEIER: 9 Senator Maltese -- I'm sorry. Senator -- all 10 right. 11 SENATOR LACHMAN: I defer. 12 ACTING PRESIDENT MEIER: 13 Senator Lachman, I apologize. We went out of 14 order, and I lost my place. 15 Senator Maltese and then 16 Senator Lachman. 17 SENATOR MALTESE: Mr. 18 President, it seems to me that what has 19 occurred here brings to mind a saying we have 20 in the law, when you have a good case on the 21 law, you pound on the law. When you have a 22 good case on the facts, you pound on the facts 23 and when you have neither, you pound on the 24 table. 25 In this case what we've seen, 1 with the exception of Senator Gold, is a 2 raising of the level of noise and a raising in 3 the level of rhetoric about a candidate who is 4 eminently qualified. 5 For a while, as Senator Gold 6 spoke, I thought perhaps he had seen the light 7 and was going to agree with the confirmation 8 of this candidate. He spoke about our 9 constitutional duty and spelled out that it 10 was our duty during prior administrations to 11 rule on the qualification of candidates and 12 confirm or not confirm based on those 13 qualifications. 14 I had the opportunity to sit in 15 on the Higher Education meeting where this 16 splendid candidate spoke and had an 17 opportunity now to go over her 18 qualifications. I certainly yield to the 19 oratorical skills and the wisdom of my good 20 colleague Senator Marchi who well spelled out 21 every single reason why this candidate 22 deserved our support and endorsement and 23 certainly Senator Mendez who spoke so 24 eloquently and arrived at the same conclusion. 25 I've sat in this chamber 1 through a prior administration and now through 2 the confirmation of Governor Pataki's 3 appointments and seldom do -- I do not recall 4 another instance where a candidate was so well 5 qualified. 6 At the Higher Education meeting 7 I heard that perhaps 20 years -- 20 years as 8 an adjunct professor, an adjunct lecturer at 9 the College of Staten Island, City University 10 of New York, the same university that she will 11 be asked to sit in as a trustee does not 12 qualify her to sit as a trustee, where a 13 background second to none in financial 14 planning, investment advisory, a leader -- I 15 heard about the qualifications of a leader 16 from the distinguished Senator Paterson and a 17 long recitation of what makes a leader and 18 then did not arrive at the same conclusion as 19 my eminent colleague as to whether or not this 20 distinguished candidate falls into that 21 category. 22 Putting aside the views on 23 remediation which so many of my colleagues 24 have arrived at after a great deal of study, 25 of documents, no one can say that this 1 candidate is not eminently qualified. No one 2 can call into question either her character or 3 her qualifications. 4 With the financial difficulties 5 and problems facing the City University of New 6 York, to have a candidate of this financial 7 stature and background and experience on the 8 board will serve the ends of not only we in 9 the Legislature but the taxpayers and 10 ultimately the students who can rely on her 11 expertise so that there can be a delegation of 12 resources that will benefit the students in 13 the end. 14 We heard -- we heard about her 15 answers to questions. She gave the same 16 answers that I would hope as a trial attorney 17 to receive from a juror. What she said was 18 that she had an open mind. What she kept 19 saying was that she had an open mind, that 20 based on the facts and based on discourse and 21 based on interrelations with her fellow 22 trustees and relying on information she had 23 from that 20 years and the information she had 24 in the school of hard knocks and the 25 experience she had gained from her colleagues 1 and her friends and her neighbors and people 2 at the City University of New York, she would 3 make a decision but that she did not have the 4 advantage that the present trustees had in 5 many cases of amendments and documents and 6 remediation plans and a horde of documents 7 that came before us as members of the Higher 8 Education Committee. I asked a question of 9 the nominee -- I asked the question, does she 10 know what she's in for and she has indicated 11 that she does. 12 Earlier today discussing it 13 with some of my colleagues, we talked about 14 some of the visits that many of us have had 15 from opponents and supporters of the City 16 University of New York, of supporters and 17 opponents of remediation, and many people had 18 indicated that they had picketed and we saw 19 the emotions run so high that a legislative 20 colleague, the chairman of Higher Ed' for the, 21 I like to call it the lower house, was 22 actually arrested and spent the night in jail 23 as a result of the intensity of feeling and 24 the intensity of discourse about this 25 remediation issue and this candidate honestly 1 said she had not had the advantage of 2 reviewing all these documents and thus was 3 unwilling to state a complete opinion. Of 4 course, she has opinions pro and con but they 5 are not based on all the facts and she feels 6 the jury is still out. 7 Are we to take her to task for 8 this? I say no. I say she has the background. 9 She went through the same trials and 10 tribulations and travails that many of the 11 present students in CUNY had, and I don't want 12 to go into remediation because we could spend 13 the rest of the day and probably the rest of 14 the week on remediation as the present 15 trustees and the Faculty Senate and the 16 presidents of CUNY and the chairwoman of the 17 board and the chancellor have spent all of the 18 time in the public press and at meetings and 19 still have not arrived at complete conclusions 20 as to whether or not it is completely the 21 right path. 22 There was mention made here 23 about giving the Governor -- agreeing with the 24 Governor's choice and giving the Governor the 25 opportunity to pick his choice. Well, I say 1 the conclusion arrived at by some of my 2 distinguished colleagues is hogwash. They 3 say, I agree that the Governor should be given 4 the right to select his choice except when I 5 disagree, except when I believe that I have 6 looked into the mind of this candidate and 7 have come to the conclusion that she's going 8 to disagree with what I feel remediation 9 should be in the City University of New York. 10 Well, my good colleagues, Mr. 11 President, everyone seems to agree that our 12 present system and our present program is a 13 disgrace. Everyone seems to agree that we are 14 not serving the best interests of those 15 students that we proclaim that we exalt above 16 all others and want to help. 17 The present situation is not 18 only a disgrace but it has called into 19 question the credentials of all prior 20 graduates of City University of New York. We 21 all took great pride in the City University of 22 New York educational system and we want it to 23 be better. Perhaps we disagree as to the path 24 to make it better. 25 Well, the present chairwoman of 1 the board and the present chancellor and the 2 present trustees are taking action to remedy 3 an intolerable situation and the Governor 4 seeks to put an eminently qualified woman with 5 impeccable credentials on that board. 6 The only thing I question is 7 why anyone would subject themselves to the 8 abuse, to the questions, to the picketing and 9 what she will face in the coming weeks and 10 months and years of her term, but she has 11 chosen to give back, chosen to give back to 12 the City University that has placed her in the 13 position that she can attain this exalted 14 position, to make the decisions to help those 15 who follow in her path. 16 I say, Mr. President, she 17 deserves that opportunity. I'm proud to join 18 my colleagues, Senator Marchi, Senator 19 LaValle, Senator Mendez, in the support of 20 this distinguished candidate, and I move for 21 her confirmation. 22 ACTING PRESIDENT MEIER: 23 Senator Lachman. 24 SENATOR LACHMAN: Mr. 25 President, three weeks ago several old friends 1 of mine called to alert me to the possibility 2 that there would be a nominee for the CUNY 3 Board of Trustees before a very important vote 4 that the CUNY Board of Trustees took two and a 5 half weeks ago. 6 I approached Senator LaValle, 7 who was in the chamber, and I also approached 8 Senator Marchi, who was in the chamber, and I 9 told them it would be highly unseemly for the 10 chief executive of the state of New York to 11 appoint a member to the CUNY Board of Trustees 12 three or four days prior to a most important 13 vote on remediation, where she would not have 14 the opportunity to meet with the various 15 constituencies of students and faculty and 16 parents to decide what her position would be. 17 The unseemly is even aggravated by the fact 18 that the faculty of CUNY has had a contract 19 outstanding for two years and I hope will soon 20 be consummated and given to them. 21 Fortunately, the chief 22 executive had the wisdom not to present the 23 name of Kathleen Pesile prior to that vote and 24 I must tell you, unfortunately, the vote went 25 against what I thought it should go. 1 Three weeks later we have this 2 lady's name. Three weeks ago we could have 3 had a referendum on the best process for 4 remediation. Today the vote is for a 5 candidate, a candidate who does or does not 6 have the ability to take on a very difficult 7 assignment and grow in this assignment and say 8 yes or no to a mayor or governor when he or 9 she feels that is advisable, as trustee John 10 Morning did in opposing the mayor of the city 11 of New York on this vote. 12 I did not -- I was not present 13 at the Finance Committee meeting but I was 14 present at the full meeting of the Higher 15 Education Committee and -- which started 16 early. Unfortunately there weren't that many 17 present at the beginning, but I, as Senator 18 Maltese and Senator LaValle can attest to, I 19 literally grilled the candidate on various 20 issues, especially the issue of remediation, 21 and there is no question that she did not show 22 her hand, but I want to state categorically 23 that she showed her hand in one area at 9:35 24 this morning. She is -- she is completely and 25 totally committed to access. If she did not 1 show her hand in complete commitment to access 2 I would have no problem in opposing her 3 nomination because access to the university is 4 the bedrock of the greatness of the City 5 University of New York. 6 I do have a problem now because 7 I strongly believe that remediation is 8 necessary on the community college level and 9 that there is no institution as far as I know, 10 public urban institution of higher education 11 in the United States, that does not permit 12 remediation on the community college level. 13 I also have great reservations 14 on the issue of privatization of remediation 15 that the mayor of the city of New York seems 16 to believe in. This is uncharted territory 17 and could lead to many problems and great 18 damage. 19 Now, let's not fool ourselves. 20 We have a CUNY today, a fractured board, a 21 torn board, a board with several factions that 22 strongly needs a vital center and strongly 23 needs a person with a potential for leadership 24 and it should not only rest on one issue. 25 At the early interview process, 1 I brought to the table, to the chairman of the 2 Committee on Higher Education as well as the 3 candidate, my concern about other issues that 4 are in the domain of a board of trustees of 5 CUNY that have not necessarily been on the 6 forefront recently. 7 For example, why should a $120 8 million budget of the CUNY Research Foundation 9 not have a diagnostic independent audit? 10 Another example. Each 11 president in CUNY -- and there are 18 -- have 12 discretionary funds from 1- to $2 million. 13 Why should not these funds also have a 14 diagnostic independent audit? 15 I know that the candidate is a 16 member or had been a member of the College of 17 Staten Island Foundation, and I have to 18 commend her for opposing the commingling of 19 restricted and not restricted funds at that 20 college. These are important issues to me as 21 are -- as is another issue. 22 Why is there an override of $50 23 million in the construction of the new campus 24 of the City University of New York Graduate 25 Center which adds on $20 million in additional 1 rental fees each year? 2 These are issues of major 3 importance that members of the board of 4 trustees must grapple with on a regular basis 5 and not be led around by others who say that 6 this has been the tradition, that there have 7 been audits by administrators but not 8 diagnostic independent audits. 9 I would urge the candidate, if 10 she is selected, to sever her relationships 11 with the College of Staten Island. I 12 personally believe it might eventually lead to 13 a conflict of interest, to be an adjunct at a 14 college and also to be a member of a board of 15 trustees that decides on faculty, 16 administrative and fiduciary concerns, but 17 after -- I don't want to use the word 18 "grilling" -- a series of questions that took 19 about 15 or 20 minutes -- and this is a very, 20 very difficult decision for me -- and 21 realizing the option -- the options that we 22 have available to us today, I have to admit, 23 as Senator Gold admitted, that this lady is a 24 highly qualified candidate for the position. 25 Unlike Senator Gold, I am going 1 to support this candidate for membership on 2 the CUNY Board of Trustees. I think she can 3 become a leader, as Trustee John Morning has 4 become a leader, in the vital center of a very 5 fractious board. I hope I will not be 6 disappointed in this candidate because the 7 University to me is as important as anyone 8 else in this chamber. 9 I support the nominee. 10 ACTING PRESIDENT MEIER: 11 Senator Leichter. 12 SENATOR LEICHTER: Mr. 13 President, I'm a member of the Higher 14 Education Committee, and I was there when the 15 nominee appeared before the Committee and, 16 very frankly, I was greatly disappointed with 17 the nominee. 18 I think we've got to take a 19 look at really what the standards are for the 20 City University. Now, if the standard is only 21 a person, nice person, good character, 22 integrity, hasn't done anything wrong, may 23 have contributed to her community, millions of 24 people qualify for that board of trustees. If 25 that's your standard, then possibly this 1 nominee will suffice, and let me say from all 2 I see and read and hear, she seems like a 3 perfectly decent person. I'm not questioning 4 her character, and so on, and let me say 5 anybody that John Marchi speaks for right away 6 has a lot going for them in my estimation, but 7 take a look at what we're trying to do and 8 what we should be achieving here. 9 We have a university system 10 that, indeed, is in trouble. We also have a 11 university system where politics are playing a 12 major role, a role far beyond what politics 13 should do and be involved in in the academic 14 process. 15 You have, I think a governor 16 and you have a mayor who is seeking to set 17 policy for the University in a manner that I 18 think is wrong and, therefore, what we've seen 19 over the last few years is appointments to the 20 CUNY Board of Trustees not of people of the 21 sort of prestige and standing and achievements 22 that were -- that was true of appointees over 23 the years. You don't see a Stanley Fink. You 24 don't see a Herman Badillo. You don't see 25 people who have achieved a status which will 1 allow them to represent that university and to 2 exercise a degree of knowledge, independence 3 and commitment that someone who comes from 4 ordinary levels of life -- and I'm not 5 degrading that by any means -- but who cannot 6 perform the same service for the University, 7 and I think this nominee, to my mind, brings 8 absolutely nothing special to the University. 9 She's, as I said, certainly an 10 intelligent person, a good person, but that's 11 not the standard. We want somebody who can be 12 a true leader, who has shown whether in the 13 world of business or the world of academia or 14 the world of public life some major 15 achievement that you can say this is somebody 16 who can provide the leadership that this 17 university needs and I just don't see this in 18 this nominee. 19 Now, I was also very troubled, 20 I must say, by the refusal of this nominee to 21 address the most burning issue involving 22 higher education in the City University. 23 Senator Lachman-- and he is so 24 learned and so knowledgeable -- there, by the 25 way, would be a great CUNY trustee -- raised a 1 number of issues and they're important but 2 there is, to my mind, a clear litmus test of 3 whether you have the basic qualification to 4 serve on this board of trustees, and that's an 5 issue that's been roiling the waters of 6 politics and the waters of academia in New 7 York for months and that's remediation. 8 There's no other issue that is that important 9 that will tell you as much about where a 10 nominee is and on that issue, when asked about 11 it, this nominee was a blank. 12 Now, either she wasn't being 13 honest with the Committee that she has views 14 on remediation and if she wasn't being honest 15 with the Committee, then I don't want her on 16 the board or she truly hasn't known about the 17 issue and if that's the case after all of the 18 stories that have appeared about the major 19 debate that's been going on, to have somebody 20 not have any views on remediation, that to my 21 mind disqualifies her also. 22 I must say that I've heard on 23 the part of people who are supporting her, you 24 know, this hope. Well, we hope she's going to 25 be a leader and we hope she's going to 1 understand the issues. I think we have a 2 right to demand of the Governor that he 3 provide us with a nominee that has the 4 standing that we can say this is somebody that 5 already has the ability, the knowledge and, as 6 I said -- and I think it's terribly important 7 -- the status to serve on one of the most 8 important boards that we have. 9 I dislike voting against 10 anyone. I dislike certainly not being able to 11 confirm a person that the Governor has 12 nominated, but I end up by saying that we have 13 a university system that's in trouble, in 14 trouble mainly because it's been denied 15 resources, in trouble mainly because it hasn't 16 received the leadership that it should have 17 from its board of trustees, a system that's in 18 trouble also because of the political 19 interference, particularly by the mayor of the 20 city of New York in his sort of single-minded 21 effort to make that university in what he knew 22 as a university when he attended school in the 23 Bronx, in Manhattan College many years ago. 24 Remediation obviously is 25 terribly important. Most university systems 1 have it. Harvard has it. I don't know why 2 the City University can't have it and when you 3 take a look at the student population that's 4 coming to the City University and you take a 5 look at the style that has developed where 6 people, unlike when I went to school eons ago 7 used to -- you graduated from high school. 8 You put in four years and you got your college 9 degree. That's just not the way it's done any 10 longer and remediation certainly plays a role 11 in enabling people to get through the 12 university system, to acquire a Bachelor of 13 Arts degree or at least a community college 14 degree in the style and in the manner that is 15 now in conformity with what the economy and 16 society is like today. 17 So, yes, we need remediation 18 but we need trustees who understand the 19 issues, who will be candid with the 20 Legislature, who will let us know what their 21 position is and if they don't have a position 22 on a crucial issue, then maybe they've told us 23 that they're not ready to become members of 24 the board to which they were appointed. 25 I'm sorry to have to say that 1 this is a nominee I cannot support. 2 ACTING PRESIDENT MEIER: 3 Senator Smith. Senator Smith. 4 SENATOR SMITH: Thank you, Mr. 5 President. 6 The higher education of our 7 young people is something that is near and 8 dear to most of us, and I'd like to give you 9 nine reasons why this nominee should not be 10 voted for in the affirmative: 11 State Senator Carl Kruger, 12 Brooklyn College; Professor and Dr. Seymour 13 Lachman, Brooklyn College; State Senator Marty 14 Markowitz; State Senator John L. Sampson 15 Esquire, Brooklyn College; State Senator Dr. 16 Nellie Santiago, Hunter College; State Senator 17 Larry Seabrook, Esquire; State Senator Ada L. 18 Smith, Bernard M. Baruch; State Senator 19 Leonard R. Stavisky, Professor; State Senator 20 Alton R. Waldon, Jr., Esquire. Nine members 21 of this body who are the products of City 22 University. 23 Maybe we did not need 24 remediation. Maybe we had advantages of 25 having an education that was adequate in our 1 elementary and junior high schools and high 2 school careers, opportunities that may no 3 longer exist in the city of New York; but 4 those that follow us must be given the 5 opportunity to go forth and to get a degree 6 and, hopefully, some of them may serve in this 7 house. 8 Nine of us, many of us who 9 served on student government, and learned what 10 government was about, prior to venturing into 11 the waters of politics. We have been given a 12 nominee who gives no answers. Will you tell 13 me how are we to judge an individual if they 14 can't answer the questions? We are given a 15 nominee who claims not to understand what the 16 problems of CUNY are. How do you vote for 17 someone that has no knowledge? I certainly 18 cannot, and I think that you have nine good 19 reasons not to vote for Kathleen M. Pesile, 20 who may be the most wonderful, creative 21 individual in the world, but if you cannot 22 give answers, you do not deserve my vote. 23 ACTING PRESIDENT MEIER: 24 Senator Montgomery. 25 SENATOR MONTGOMERY: Yes. 1 Thank you, Mr. President. 2 I want to make it very clear 3 for the record that I join other colleagues of 4 mine who have complimented, in fact, the 5 accomplishments of Ms. Pesile. I think that 6 she embodies the American dream in the most 7 positive sense, and that is that she came up 8 as a person who was not of means and who has 9 been able to, through her progress through the 10 educational system in our city and having 11 taken advantage of other means and forms of 12 assistance like public housing, and et cetera, 13 has been able to accomplish what I consider to 14 be a very high level of success in the 15 financial world, as well as the education 16 world, and she is, I note, herself a product 17 of the community college system in the city of 18 New York as have been -- and the reason that I 19 say that she embodies the American dream is 20 because that's how many people who came from 21 other parts of the world and found themselves 22 in the City were able to move up, not as 23 necessarily only as an individual but whole 24 communities have been able to -- to advance 25 and develop based on access to free education, 1 to higher education in the city of New York; 2 i.e., Italian-Americans,i.e., Irish-Americans, 3 i.e., Jewish-Americans and hopefully also 4 African-Americans and Chinese-Americans and 5 Asian-Americans and Latina or Latino-Americans 6 and et cetera. 7 So I'm really not going to vote 8 against specifically Ms. Pesile because I 9 don't think that it is -- it would be fair to 10 vote against her as an individual, but the 11 fact of the matter is that she -- this 12 nomination represents for us an opportunity to 13 speak to those people who already sit on the 14 board of trustees, as well as Ms. Pesile, as 15 well as the Governor, as well as the Mayor of 16 the city of New York, to say to them in no 17 uncertain terms that the decision that was 18 made by the board of trustees is a life and 19 death decision for entire communities of black 20 and brown people in the city of New York, and 21 the reason that I'm here in this chamber is to 22 represent those people who sent me here and 23 those are the people who sent me here, and I 24 think that the Governor would be disappointed 25 if I did not stand up and say and vote on 1 behalf of my community and my people because 2 they are the ones who are going to be hurt. 3 Now, the fact of the matter is 4 that the whole issue that has been raised by 5 the board of trustees that they want to 6 improve the Hispanics, it's like a code word 7 to me. It's the same thing that people say to 8 me when a black or brown family moves into the 9 neighborhood, the property values go down so 10 now that the City University of New York is 11 majority black and brown, the standards have 12 gone down. It's the same argument, and I 13 resent that. It is not the case. In fact, 14 there is no indication that the standards in 15 CUNY, in City University of New York, are any 16 less than they were when anyone in this 17 chamber graduated from any one of those - 18 those colleges. 19 So that's obviously not the 20 issue. The issue is, who has access to it? 21 Who has an opportunity to strive to meet the 22 standards of City University? That's what the 23 decision has impacted on, and I say that the 24 decision means that in ten years we will not 25 see black and brown people in that system 1 because they will not have been given the 2 initial opportunity to go in there and at 3 least strive to meet the standards. That, to 4 me -- that is to me un-American and certainly 5 we should not be doing that at this point in 6 time in the development of our nation. 7 What is this business of 8 leveling the playing field? Everybody says the 9 playing field is now level. Is that the case? 10 Is that what we are doing, leveling the 11 playing field? I wonder -- I wonder what this 12 is all about. So certainly for Ms. Kathleen 13 Pesile, it is not a vote against you, 14 personally. I hope you will understand that, 15 and I think that you will. 16 It is in opposition to a 17 decision that has been made that means to me 18 that people, young people and older people, 19 older people my age and a little bit younger 20 and a little bit older, who also need access 21 to CUNY in order to enhance their ability to 22 take care of themselves and to support 23 themselves, and to be successful, those people 24 will also be shut out. 25 So I'm saying to you, this, in 1 my estimation, is a vote that is -- will send 2 a message, I hope that is very clear and very 3 specific that what has been the decision - 4 the decision that has been made, means the 5 death of my people and my community, a 6 community of black and brown people in the 7 city of New York, and I certainly am voting no 8 to you and to the Governor. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MEIER: 11 Senator Marchi. 12 SENATOR MARCHI: Mr. President, 13 I want to recognize that the remarks that have 14 been placed on the record have been done in a 15 very tasteful manner and reflect basic 16 concerns that should be addressed. 17 Now, initially we heard about 18 other experiences than being an adjunct 19 professor, 20 years as Senator Maltese pointed 20 out. She made presentations on understanding 21 cultural diversity to Howard University in 22 1993. Earlier she was awarded -- for the 23 College of Jersey City, was awarded the Ethnic 24 Heritage Studies Office of Education in 25 Washington, for the work she did there. This 1 calls for deep knowledge of a diverse 2 population, and the realization that it's very 3 important to address that in terms of Senator 4 Lachman's word which is fortuitous "access". 5 Access, access! 6 Now, why am, I exercised, 7 because a Staten Islander is involved? Because 8 she has great merit? It goes a little further 9 even beyond that. In 1993, when I was 10 chairman of New York City, I had a long 11 discussion with Jim Kavanaugh who was then the 12 Budget Director, and Jim at that time, a very 13 fine individual -- I said, "What about the 14 City University?" He said, "Oh, we have no 15 problem with that." I'm using a hypothetical 16 figure. If it costs $1,000 to educate a child 17 or a young student at the City University, and 18 we have $100 million, we just multiply that 19 and then look at the competitive examinations 20 and those who -- those who come within the 21 magic circle to fill the -- that sum of money 22 that is available, and we're going to the 23 merits, I said, Yes, but what about the -- you 24 mean to tell me that if I have 85.5 I get in. 25 If I have 84.4 I don't? Not if you're 1 qualified. 2 So I -- at that time, I don't 3 know how many of you from the Bronx remember 4 Ivan Warner. Anybody? 5 SENATOR STAFFORD: I do. 6 SENATOR MARCHI: Ivan Warner 7 was a black Senator who became a judge 8 thereafter and passed away a few years ago, 9 and he was unhappy with the circumstances. I 10 had called on Lester Grainger, who was Whitney 11 Young's predecessor as chairman of the -- or 12 president of the Urban League, and had served 13 as Assistant Secretary of Defense during the 14 Roosevelt administration, during World War II, 15 and he was -- he was really suffering under 16 these circumstances. 17 At that time, Mr. President, 18 despite the number of the Minority that was in 19 the city of New York, one percent were members 20 of the Minority and the 99 other percent were 21 Caucasian. I could not see and neither could 22 Ivan how people who were supporting this 23 system, an urban college and university and at 24 that same time had only one percent. He also 25 told me that he was teaching at Dillard, 1 Dillard was the university that, at that time, 2 was educating ten percent of the higher 3 university students in Louisiana. They were 4 black. It was Jim Crow, but at least they 5 were getting on a rung of the ladder. 6 He said, what -- what is our 7 system, one percent? I don't know if that 8 shocks any of you now, because so many years 9 go by, but I immediately took it upon myself 10 to call for a study and report and we reported 11 and I said, This should not stand. This 12 should not stand. 13 I introduced the concept of 14 open admissions which is being qualified to 15 some extent now, Seek and Discovery, and 16 you're looking at the person that initiated 17 that with Lester Grainger. I don't want to 18 see that destroyed. I want to see people have 19 access. I want to see people go on that board 20 that can deliver, and I am not denigrating 21 anything that you have said here today because 22 I know it comes from the noblest instincts 23 about the people that you want to represent in 24 the best possible way. 25 We're not going to do that if 1 we go back to 1963. We mention -- someone 2 mentioned that there were nine students now, 3 nine members, what was it, students, and you 4 were an honor graduate of Baruch, am I 5 correct? 6 (Senator Smith nods head.) 7 How many of those nine would 8 have been turned away under the old system? 9 How many? But I would not let it stand, and we 10 introduced legislation. I don't know how many 11 people were here at that time, I think maybe 12 Senator Gold was staff -- were you in 1993, 13 '63? Trade ages with you very happily, but 14 today we don't have one percent. We have the 15 students that you mention and the people who 16 have ascended to major office, as Senator 17 Montgomery pointed out, but they would not 18 have had that opportunity had we not 19 undertaken that initiative vigorously and 20 pressed it home. 21 I can tell you, as God is my 22 judge, I had Lester Grainger in the office. 23 The guy broke down in tears because we said - 24 they said he was under severe pressure at that 25 time to moderate the report that we had worked 1 out. So I have a deep and abiding interest. 2 I don't want to see 1963 repeated again. I 3 want to see this system grow on the terms of 4 access and I feel very confident and I 5 wouldn't be so exercised if it wasn't for the 6 subject matter, although I would be out of 7 respect for the nominee and my friendship and 8 propinquity as a neighbor, but I don't want to 9 see us go back. I don't want to see the clock 10 roll back. I want to see that opportunity 11 amplified. 12 It is my feeling that we will 13 be doing the right thing. We don't campaign 14 for these offices. We campaign to do the best 15 we can. Then we have issue development. 16 Think about this seriously when you cast your 17 vote. It's a very serious problem and, if we 18 are to maintain progress, we need -- we need 19 the people who are like the -- like Kathleen 20 Pesile. 21 So I implore you, I believe 22 that if you review clips from the old days, 23 you will find that what I told you was 24 absolutely true. There are old clips from the 25 Daily News that were page 2 and 3, on a daily 1 basis on the events of that -- of those 2 circumstances, in the hearings and the fights 3 that we have had. 4 It wasn't easy. It wasn't 5 easy. I can tell you that. William Randolph 6 -- not William Randolph, not Randolph -- he 7 was a black union leader, William Randolph, 8 you know, I asked him, he said because he had 9 come in at an earlier session and Ivan had 10 reached out for him on the question of 11 submitting an -- getting the free tuitional 12 thing. I said, Sure, anything you say, but 13 what we have to do is to increase the access 14 of minorities. 15 He was convinced. He was 16 convinced, as were others, and together we 17 mustered the effort that finally ended in 18 broadening this, and it is not one percent 19 now. I don't know what it is, about 22 20 percent or 25 percent, but those 22 or 25 21 percent would still be one percent if we were 22 back to that mentality. 23 So, Mr. President, let us do 24 some soul searching. This is important, very 25 very important to the people of our districts, 1 to minority populations which suffered the 2 greatest insult in those days, not consciously 3 or consciously delivered, but that was the net 4 effect, excluding them as the practices then 5 in use prevailed and effectively blocking them 6 while they paid the taxes for maintaining a 7 good system elsewhere. 8 So it's a serious issue. I know 9 we've taken a lot of time, but it is that 10 serious. I feel very confident that we will 11 be making a distinct contribution to the 12 workings of the City University by confirming 13 this nomination. 14 SENATOR SKELOS: Mr. President, 15 I believe we've approached the two-hour limit 16 and Senator LaValle will now close on the 17 nomination. 18 ACTING PRESIDENT MEIER: For 19 the purpose of closing debate, Senator 20 LaValle. 21 SENATOR LAVALLE: Thank you, 22 Mr. President. 23 This debate really began at 24 9:30 this morning when Ms. Pesile appeared 25 before my committee which we probably debated 1 the issue for about a hour, about another hour 2 in Finance and close to two hours here on the 3 floor of the Senate, and I think it really 4 shows that the best of the members and the 5 concern of this body that when there is an 6 important issue, the members will participate 7 fully in the deliberations. 8 Many of the speakers talked, I 9 think, very honestly about what really we are 10 debating here today, and it really is not 11 about the qualifications of Kathleen Pesile. 12 Senator Paterson, Senator Montgomery indicated 13 the issue is much bigger than the nominee. It 14 was just a matter of time before this body 15 became engaged in the debate about what 16 happened when the CUNY Board of Trustees took 17 a vote to deal with the issue of remediation, 18 and I am sure that the debate -- this is not 19 the last of that debate. 20 The issue is also the change 21 and some of the things that the board -- the 22 CUNY board are considering, the issues that it 23 is considering begins to change for the first 24 time in two decades the shape of the City 25 University. You notice I said the shape, not 1 the mission. 2 Senator Marchi, I always hate 3 to follow you, because of your eloquence and 4 how you can zero in on the issue in a very 5 lawyerly manner. Because this state, this 6 Legislature has for all the time that I've 7 been involved, whether as a staff member or a 8 member of this great body, in higher 9 education, the words "access" and "choice" 10 have been the philosophy of our government. 11 It has been the philosophy of this Legislature 12 and so we will continue to ensure that our 13 citizens have access and choice. 14 City University is, as I 15 recall, 150 years young. It has a rich 16 history in educating its citizens. All of the 17 immigrants who came and made a stake in this 18 state, in this country and in the City. One of 19 our speakers, I think Senator Montgomery, 20 talked about appropriately all of the 21 generations, and she went right down. 22 Today in the Finance Committee, 23 I thought the nominee very eloquently talked 24 about her life, talked about her background, 25 but in talking about her life and where she 1 came from and what she did indicates a sensi 2 tivity to students that are economically 3 disadvantaged, economically disadvantaged. 4 She has indicated as an adjunct professor the 5 kinds of students that she has provided 6 mentoring to, to get them moving forward - 7 people of diverse backgrounds and ages. 8 So we have a person that is 9 very, very sensitive in terms of what 10 education provides, I think as she has 11 indicated, the latter to excess for many 12 individuals, and certainly understands as she 13 grew up individuals of diversity, whether it 14 was Latinos or African-Americans, specifically 15 mention those groups, and so I find that as 16 she deliberates and listens and uses her great 17 intellect, that she will be making right and 18 correct decisions. 19 Senator Paterson went through 20 talking about leadership, and so forth. 21 Senator, there's a book that I use with my 22 classes called Lincoln on Leadership. I 23 recommend it to you. The author brings us 24 through the kinds of things that our great 25 President Abraham Lincoln used providing 1 leadership, and some of those things the 2 author talks about repeatedly is being a good 3 listener, gathering facts, being out among 4 people, understanding what the problems are, 5 so that you can make proper decisions. 6 The nominee, both in the Higher 7 Education Committee and in the Finance 8 Committee, talked repeatedly about those 9 attributes, listening, gathering facts, 10 understanding the problem and applying a 11 rational decision-making process to coming to 12 a conclusion. 13 The issue today is not about 14 the qualifications of this nominee. She has 15 superb qualifications. We are not going to 16 resolve the mission of CUNY. We are not going 17 to resolve the remediation issue through this 18 nominee. There are many stakeholders that 19 will be heard from on this issue. There is 20 more in the process before it reaches a 21 conclusion and we, as members, I am sure, will 22 be able to voice our opinion at an appropriate 23 -- at appropriate times during this lengthy 24 process. 25 If the members on this side of 1 the aisle or in this chamber wanted to make a 2 point to the nominee that there are members 3 that have very strong feelings about 4 remediation, I think that the nominee has 5 heard that, understands that, but we should 6 not be using the nominee to accomplish some 7 sort of philosophical mission with -- that 8 this is a termination in the debate. It is 9 not, and I think most of you know that this 10 debate has really just begun. 11 And so, my colleagues, I ask 12 you, as I conclude my remarks, that you 13 reconsider your vote, be fair to the nominee, 14 if you believe that her qualifications are 15 good and that it would bring another point of 16 view to the board in terms of her back 17 ground. I believe it does, and I recommend a 18 vote in the affirmative. 19 ACTING PRESIDENT MEIER: 20 Question is on the confirmation of the 21 nomination. All those in favor signify by 22 saying aye. 23 SENATOR PATERSON: Mr. 24 President, slow roll call. 25 SENATOR SMITH: Slow roll 1 call. 2 ACTING PRESIDENT MEIER: 3 Senator Skelos. 4 SENATOR SKELOS: Please ring 5 the bell, if the members would come into the 6 chamber to vote. 7 ACTING PRESIDENT MEIER: More 8 than five members having stood. There will be 9 a slow roll call. 10 Secretary will call the roll. 11 THE SECRETARY: Senator Abate. 12 SENATOR STAFFORD: Mr. 13 President. 14 ACTING PRESIDENT MEIER: 15 Senator Stafford. 16 SENATOR STAFFORD: While we are 17 -- while everyone is coming in, I wonder if I 18 could explain my vote, and I certainly don't 19 want to follow Senator LaValle or Senator 20 Marchi, because what little I can say would 21 deserve little more than a footnote. 22 ACTING PRESIDENT MEIER: 23 Secretary will call Senator Stafford out of 24 order. 25 THE SECRETARY: Senator 1 Stafford. 2 SENATOR STAFFORD: Thank you. 3 Thank you. And I, of course, am going to 4 second what Senator LaValle said and what 5 Senator Marchi said, and I can say it no 6 better and, of course, I am supporting the 7 nominee with gusto. 8 I would just say again, I think 9 this was an excellent debate. Someone on the 10 other side mentioned, and I thought it was 11 very sensitive, I wish I could remember 12 exactly who it was, but they mentioned that 13 they come up here and very often they're very 14 hesitant to say anything because they realize 15 people are being considered and here we are in 16 a very major debate, and you sort of wonder, 17 you know, how that person feels. 18 Well, I compliment the Governor 19 on the appointment because, in my opinion, he 20 has a very capable, very understanding and an 21 outstanding individual who, I think, 22 understands that this was a very heartfelt 23 debate. As a Senator said much earlier today 24 many of us don't agree, but really that's what 25 this country is all about. 1 So with that, Mr. President, I 2 just say that I find when you have candidates 3 or nominees going before a committee, it 4 depends on where you're sitting on how you 5 feel the candidate or nominee is answering 6 questions. 7 Again, keeping that sense of 8 humor from 1974 to 1994 I sat in a certain 9 position where I sometimes had the frustration 10 of what some people are feeling today. I, for 11 one, do feel strongly that a nominee should 12 not have all the answers. I think it's a 13 mistake for a nominee, whether it be in Albany 14 or any other place, to go in and start telling 15 or sharing with anyone exactly what their 16 decisions are going to be because they don't 17 know until they get confirmed, appointed and 18 take up the responsibilities and receive all 19 the information. 20 But I would say with the 21 nominee present, I think this was an excellent 22 debate. I think it was constructive. I 23 disagree with a number of people who spoke but 24 with that, I want to join in supporting a very 25 fine candidate, a candidate who I think will 1 do an excellent job, Kathleen Pesile, and 2 thank you for being here. 3 ACTING PRESIDENT MEIER: 4 Senator Stafford will be recorded in the 5 affirmative. 6 The Secretary will resume the 7 slow roll call. 8 THE SECRETARY: Senator Abate. 9 SENATOR ABATE: No. 10 THE SECRETARY: Senator Alesi. 11 SENATOR ALESI: Yes. 12 THE SECRETARY: Senator 13 Balboni. 14 SENATOR BALBONI: Aye. 15 THE SECRETARY: Senator 16 Breslin. 17 SENATOR BRESLIN: No. 18 THE SECRETARY: Senator Bruno. 19 (Affirmative indication. ) 20 THE SECRETARY: Senator 21 Connor. 22 (Negative indication. ) 23 THE SECRETARY: Senator Cook. 24 SENATOR COOK: Yes. 25 THE SECRETARY: Senator 1 DeFrancisco. 2 SENATOR DeFRANCISCO: Yes. 3 THE SECRETARY: Senator 4 Dollinger. 5 SENATOR DOLLINGER: Mr. 6 President, just to explain my vote. 7 I had a discussion with the 8 chairman of the Finance Committee in the 9 Finance Committee about my view about nominees 10 who come before the Finance Committee and 11 aren't prepared to offer an opinion about the 12 most controversial issue that the board we're 13 appointing them to has had to deal with in the 14 past and will have to deal with in the 15 future. 16 I made my views clear in the 17 Finance Committee. Unlike some, I look at 18 this as an election. This is a person who is 19 coming to us to be elected. We have a simple 20 duty, either cast a "yes" vote or "no" vote 21 and I would just suggest that all the comments 22 made about being open-minded and keeping your 23 options open and gathering information, I 24 would just suggest to everybody in this 25 chamber, go to your voters the next time you 1 want their vote and tell them that, and I'll 2 tell you what they'll do. They won't give you 3 their vote. The reason is because they say 4 you aren't prepared; you aren't willing to 5 make a decision and you aren't willing to tell 6 us what you will do when they elect you, and 7 so, therefore, they'll say, "I'm not going to 8 vote for you." 9 In this case, because I believe 10 this candidate has not done that, has not told 11 us what she'll do, I am reluctantly going to 12 vote no. 13 ACTING PRESIDENT MEIER: 14 Senator Dollinger will be recorded in the 15 negative. 16 The Secretary will resume the 17 roll call. 18 THE SECRETARY: Senator 19 Farley. 20 SENATOR FARLEY: Aye. 21 THE SECRETARY: Senator 22 Fuschillo. 23 SENATOR FUSCHILLO: Aye. 24 THE SECRETARY: Senator 25 Gentile. 1 SENATOR GENTILE: Mr. 2 President, if I may explain my vote. 3 As much as I respect my fellow 4 colleague from Staten Island, Senator Marchi, 5 and take to heart greatly what he says and the 6 opinions that he expresses, I also -- I also 7 value highly the opinion of member of my party 8 Senator Stavisky, and his questions and some 9 of the questions that were raised by members 10 of my Conference here as to this nominee, and 11 as much as I would, as a Senator representing 12 a portion of Staten Island, be proud and 13 willing to support a fellow Staten Islander, I 14 must say that I am troubled -- troubled 15 greatly by the questions raised here by many 16 of my colleagues concerning -- concerning this 17 nominee. 18 Certainly, in accord with 19 Senator Marchi, her resume is quite 20 impressive. I'm sure she is a fine, fine 21 woman and something -- someone that, in other 22 circumstances, I certainly would -- would 23 support. In this instance, however, given the 24 concern I have for the issues raised in regard 25 to -- to CUNY and the future of CUNY, I have a 1 responsibility to the students in my district 2 and to the families in my district, whether 3 those families be from Bensonhurst, Bath 4 Beach, Rosebank or Midland Beach, I have a 5 responsibility to those families and to those 6 students that questions that were raised here 7 today have some answers. 8 Now, I'm told from my 9 colleagues that at the -- at the hearing this 10 morning, those questions were not answered by 11 the nominee, and there was no indication from 12 the nominee concerning some of the -- the 13 issues that were raised. It's unfortunate, I 14 must say also that being a Staten Islander and 15 representing -- having part of the Staten 16 Island -- I represent part of Staten Island, 17 that the nominee did not take the opportunity 18 to reach out to me and speak to me. 19 I believe the nominee is aware 20 of the fact that there are only two -- two 21 state Senators representing Staten Island. 22 ACTING PRESIDENT MEIER: 23 Senator Gentile, the time established by the 24 rules to explain your vote has expired. How 25 do you vote? 1 SENATOR GENTILE: Had she done 2 so, it might have been different. 3 ACTING PRESIDENT MEIER: 4 Senator Gentile, how do you vote? 5 SENATOR GENTILE: But my vote 6 at this point is in the negative. 7 ACTING PRESIDENT MEIER: 8 Senator Gentile will be recorded in the 9 negative. 10 THE SECRETARY: Senator Gold. 11 SENATOR GOLD: Mr. President, 12 in explaining my vote, and I hadn't intended 13 to explain my vote because I made my comments 14 earlier, but I think it's appropriate having 15 listened to the distinguished representative 16 from Staten Island who just spoke, to thank 17 the representative in this house for the 18 opportunity to show everybody what courage 19 really is, and my compliments Senator Gentile, 20 because obviously this vote is one of sensi 21 tivity to you, and I'm sure that some of my 22 colleagues on the other side were wondering 23 what you might do and what this vote has 24 proven is that Senator Gentile understands why 25 he was elected. He was elected to do 1 something with his seat, not merely to retain 2 it, as some people think you're supposed to 3 do, and to stand up and speak out for the - 4 the youngsters, the students in your district 5 even though people are going to ask you, Why 6 would you vote against a Staten Islander. 7 Senator, my hat is off to you. 8 That is the kind of courage that this 9 Legislature is all about and, Senator Gentile, 10 that's one of the reasons why I look at you 11 here today and my colleagues will look at you 12 in that seat next year also. 13 Congratulations! 14 I vote in the negative. 15 ACTING PRESIDENT MEIER: 16 Senator Gold will be recorded in the 17 negative. 18 Secretary will resume. 19 THE SECRETARY: Senator 20 Gonzalez. 21 (There was no response. ) 22 Senator Goodman. 23 (There was no response. ) 24 Senator Hannon. 25 SENATOR HANNON: Yes. 1 THE SECRETARY: Senator 2 Hoffmann. 3 SENATOR HOFFMANN: Aye. 4 THE SECRETARY: Senator 5 Holland. 6 (There was no response. ) 7 Senator Johnson. 8 SENATOR JOHNSON: Aye. 9 THE SECRETARY: Senator Kruger. 10 SENATOR KRUGER: No. 11 THE SECRETARY: Senator Kuhl. 12 SENATOR KUHL: Yes. 13 THE SECRETARY: Senator 14 Lachman. 15 SENATOR LACHMAN: Aye. 16 THE SECRETARY: Senator Lack. 17 SENATOR LACK: Aye. 18 THE SECRETARY: Senator 19 Larkin. 20 SENATOR LARKIN: Aye. 21 THE SECRETARY: Senator 22 LaValle. 23 SENATOR LAVALLE: Aye. 24 THE SECRETARY: Senator 25 Leibell. 1 SENATOR LEIBELL: Aye. 2 THE SECRETARY: Senator 3 Leichter. 4 SENATOR LEICHTER: No. 5 THE SECRETARY: Senator 6 Libous. 7 SENATOR LIBOUS: Aye. 8 THE SECRETARY: Senator 9 Maltese. 10 SENATOR MALTESE: If I may, I'd 11 like to utilize the time of explaining my vote 12 to simply extend my deep appreciation to the 13 Governor's choice, my choice, what will be the 14 Senate's choice, and commend her for true 15 courage in her desire to give back and 16 congratulations on what she has achieved in 17 life and what she will achieve in the future. 18 Godspeed! I cast my vote in 19 the affirmative. 20 ACTING PRESIDENT MEIER: 21 Senator Maltese will be recorded in the 22 affirmative. 23 Secretary will resume. 24 THE SECRETARY: Senator 25 Marcellino. 1 SENATOR MARCELLINO: Aye. 2 THE SECRETARY: Senator 3 Marchi. 4 SENATOR MARCHI: Aye. 5 THE SECRETARY: Senator 6 Markowitz. 7 SENATOR MARKOWITZ: Mr. 8 President, for all the reasons I indicated 9 before that I would vote in the negative, and 10 I will, but I urge our new appointee who will 11 be a member, keep hope alive. Keep hope 12 alive. 13 ACTING PRESIDENT MEIER: 14 Senator Markowitz will be recorded in the 15 negative. 16 Secretary will resume the roll 17 call. 18 THE SECRETARY: Senator 19 Maziarz. 20 SENATOR MAZIARZ: Aye. 21 THE SECRETARY: Senator Meier. 22 SENATOR MEIER: Aye. 23 THE SECRETARY: Senator Mendez. 24 SENATOR MENDEZ: Yes. 25 THE SECRETARY: Senator 1 Montgomery. 2 SENATOR MONTGOMERY: Mr. - 3 ACTING PRESIDENT MEIER: 4 Senator Montgomery. 5 SENATOR MONTGOMERY: Yes, Mr. 6 President. I would like to explain my vote 7 briefly. 8 Really it's not so much to 9 explain my vote as it is to go on record here 10 that I want to offer a particular word of 11 gratitude and regard and respect in the 12 highest order for our Senator from Staten 13 Island, Senator Marchi, who has, in my 14 estimation, been -- played such a role -- I'm 15 sorry I did not know the role that you were 16 playing; I had not heard that story or in 1963 17 and subsequent to the time that you did the 18 report, and you understood the importance of 19 doing something about it. 20 What you did has changed the 21 course of lives for thousands and thousands of 22 people in the city of New York, and certainly 23 I shall never forget what you -- what you have 24 done, and while I'm not voting the same as 25 you, I certainly have heard the most profound 1 statement in this chamber by someone who - 2 who had that kind of vision and also the 3 courage and the commitment to do something. 4 So I thank you on behalf of the 5 people certainly that I represent and the many 6 many thousands of people who also don't know 7 this story that you told today and, Mr. 8 President, I vote no. 9 ACTING PRESIDENT MEIER: 10 Senator Montgomery will be recorded in the 11 negative. 12 Secretary will resume. 13 THE SECRETARY: Senator 14 Nanula. 15 SENATOR NANULA: No. 16 THE SECRETARY: Senator 17 Nozzolio. 18 SENATOR NOZZOLIO: Aye. 19 THE SECRETARY: Senator 20 Onorato. 21 SENATOR ONORATO: No. 22 THE SECRETARY: Senator 23 Oppenheimer. 24 SENATOR OPPENHEIMER: No. 25 THE SECRETARY: Senator 1 Padavan. 2 SENATOR PADAVAN: Yes. 3 THE SECRETARY: Senator 4 Paterson. 5 SENATOR PATERSON: No. 6 THE SECRETARY: Senator 7 Present. 8 SENATOR PRESENT: Aye. 9 THE SECRETARY: Senator Rath. 10 SENATOR RATH: Aye. 11 THE SECRETARY: Senator 12 Rosado. 13 SENATOR ROSADO: No. 14 THE SECRETARY: Senator Saland 15 voting in the affirmative earlier. 16 Senator Sampson. 17 SENATOR SAMPSON: No. 18 THE SECRETARY: Senator 19 Santiago. 20 SENATOR SANTIAGO: No. 21 THE SECRETARY: Senator 22 Seabrook. 23 SENATOR SEABROOK: No. 24 THE SECRETARY: Senator Seward. 25 (There was no response. ) 1 Senator Skelos. 2 SENATOR SKELOS: Aye. 3 THE SECRETARY: Senator Smith. 4 SENATOR SMITH: No. 5 THE SECRETARY: Senator Spano. 6 SENATOR SPANO: Aye. 7 THE SECRETARY: Senator 8 Stachowski. 9 SENATOR STACHOWSKI: No. 10 THE SECRETARY: Senator 11 Stavisky. 12 SENATOR STAVISKY: No. 13 THE SECRETARY: Senator 14 Trunzo. 15 SENATOR TRUNZO: Aye. 16 THE SECRETARY: Senator 17 Velella. 18 (There was no response. ) 19 Senator Volker. 20 SENATOR VOLKER: Yes. 21 THE SECRETARY: Senator 22 Waldon. 23 (There was no response.) 24 THE SECRETARY: Senator 25 Wright. 1 SENATOR WRIGHT: Aye. 2 ACTING PRESIDENT MEIER: Call 3 the absentees. 4 THE SECRETARY: Senator 5 Gonzalez. 6 (There was no response. ) 7 Senator Goodman. 8 (There was no response. ) 9 Senator Holland. 10 SENATOR HOLLAND: Yes. 11 THE SECRETARY: Senator 12 Seward. 13 (There was no response. ) 14 Senator Velella. 15 (There was no response. ) 16 Senator Waldon. 17 (There was no response. ) 18 THE SECRETARY: Ayes 35, nays 19 21. 20 ACTING PRESIDENT MEIER: The 21 nominee is confirmed. 22 Ms. Pesile, we congratulate you 23 and wish you well with your important duties. 24 (Applause) 25 Senator Skelos. 1 SENATOR SKELOS: Mr. President, 2 there will be an immediate meeting of the 3 Rules Committee in the Majority Conference 4 Room, and the Senate will stand at ease. 5 ACTING PRESIDENT MEIER: There 6 will be an immediate meeting of the Rules 7 Committee in the Majority Conference Room. 8 Senator Skelos, before we - 9 before we stand at ease, might we entertain 10 some motions? We'll return -- and may we have 11 some order. We'll return to the order of 12 motions. 13 SENATOR SKELOS: If there is 14 any housekeeping at the desk, could we do that 15 now. 16 ACTING PRESIDENT MEIER: There 17 are some motions. 18 Senator Nozzolio. 19 SENATOR NOZZOLIO: Mr. 20 President, I wish to call up Print Number 21 588-B recalled from the Assembly which is now 22 at the desk. 23 ACTING PRESIDENT MEIER: 24 Secretary will read. 25 THE SECRETARY: Calendar Number 1 1140, by Senator Lack, Senate Print 588-B, an 2 act to amend the Real Property Actions and 3 Proceedings Law. 4 SENATOR NOZZOLIO: Mr. 5 President, I now move to reconsider the vote 6 by which this bill was passed. 7 ACTING PRESIDENT MEIER: Call 8 the roll on reconsideration. 9 (The Secretary called the roll 10 on reconsideration. ) 11 THE SECRETARY: Ayes 61. 12 SENATOR NOZZOLIO: Mr. 13 President, on behalf of Senator Lack, I now 14 offer the following amendments. 15 ACTING PRESIDENT MEIER: 16 Amendments received. 17 SENATOR NOZZOLIO: Mr. 18 President, on page number 29, I offer the 19 following amendments to Calendar Number 947, 20 Senate Print Number 6550, and ask that that 21 bill retain its place on Third Reading 22 Calendar, on behalf of Senator Present. 23 ACTING PRESIDENT MEIER: 24 Amendments are received, and the bill will 25 retain its place on the Third Reading 1 Calendar. 2 SENATOR NOZZOLIO: Mr. 3 President, on page number 34, I offer the 4 following amendments to Calendar Number 1082, 5 Print Number 5548-A, and ask that said bill 6 retain its place on the Third Reading 7 Calendar, on behalf of Senator Goodman. 8 ACTING PRESIDENT MEIER: 9 Amendments are received, and the bill will 10 retain its place on the Third Reading 11 Calendar. 12 Secretary will read the 13 substitutions. 14 THE SECRETARY: On page 5, 15 Senator Balboni moves to discharge from the 16 Committee on Rules Assembly Bill Number 11258 17 and substitute it for the identical Third 18 Reading Calendar 137. 19 On page 8, Senator Volker moves 20 to discharge from the Committee on Rules 21 Assembly Bill Number 11177 and substitute it 22 for the identical Third Reading Calendar 281. 23 On page 9, Senator Volker moves 24 to discharge from the Committee on Rules 25 Assembly Bill Number 11286 and substitute it 1 for the identical Third Reading Calendar 314. 2 On page 17, Senator Balboni 3 moves to discharge from the Committee on Rules 4 Assembly Bill Number 11047-A, and substitute 5 it for the identical Third Reading Calendar 6 618. 7 On page 20, Senator Maltese 8 moves to discharge from the Committee on Rules 9 Assembly Bill Number 6947-C and substitute it 10 for the identical Third Reading Calendar 718. 11 On page 20, Senator Trunzo 12 moves to discharge from the Committee on Rules 13 Assembly Bill Number 6875 and substitute it 14 for the identical Third Reading Calendar 720. 15 On page 21, Senator Alesi moves 16 to discharge from the Committee on Rules 17 Assembly Bill Number 5285-A and substitute it 18 for the identical Third Reading Calendar 733. 19 On page 28, Senator Larkin 20 moves to discharge from the Committee on Rules 21 Assembly Bill Number 11185-A and substitute it 22 for the identical Third Reading Calendar 924. 23 On page 33, Senator Goodman 24 moves to discharge from the Committee on Rules 25 Assembly Bill Number 6872-A, and substitute it 1 for the identical Third Reading Calendar 2 1079. 3 And on page 44, Senator Nanula 4 moves to discharge from the Committee on Rules 5 Assembly Bill Number 10751 and substitute it 6 for the identical Third Reading Calendar 7 1413. 8 ACTING PRESIDENT MEIER: 9 Substitutions ordered. 10 Senator Kuhl. 11 SENATOR KUHL: Yes, Mr. 12 President. From the third row bleachers, may 13 we now have the Senate stand at ease. 14 ACTING PRESIDENT MEIER: The 15 Senate will stand at ease. 16 (The Senate stood at ease at 17 3:31 p.m.) 18 (Whereupon, the Senate resumed 19 at 5:08 p.m.) 20 SENATOR SKELOS: Mr. President. 21 ACTING PRESIDENT MEIER: 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 if we could return to reports of standing 25 committees, I believe there's a report of the 1 Rules Committee at the desk. I ask that it be 2 read at this time. 3 ACTING PRESIDENT MEIER: We'll 4 return to the order of reports of standing 5 committees. 6 The Secretary will read. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, offers up the 9 following bills directly for third reading: 10 Senate Bill 3056, by Senator 11 Lack, an act to amend the General Municipal 12 Law; 13 3180-B, by Senator Maltese, an 14 act to amend the Administrative Code of the 15 city of New York; 16 4828-A, by Senator Farley, an 17 act to amend the Banking Law; 18 5542, by Senator Seabrook, an 19 act authorizing the city of New York; 20 5687-A, by Senator Paterson, an 21 act authorizing the city of New York; 22 6028-A, by Senator Spano, an 23 act to amend the Vehicle and Traffic Law; 24 6045, by Senator Lachman, an 25 act authorizing the city of New York; 1 6213-A, by Senator Johnson and 2 others, an act to amend the Not-for-Profit 3 Corporation Law; 4 6562-A, by Senator Volker, an 5 act to authorize the city of Buffalo; 6 6607-A, by Senator Lack, an act 7 to amend the Real Property Law; 8 6711-B, by Senators Hannon and 9 others, an act to amend the State Finance Law; 10 6781-B, by Senator Larkin and 11 others, an act to amend the Penal Law; 12 6863-A, by Senator Farley, an 13 act to amend the Public Authorities Law; 14 6651-A, by Senator Oppenheimer, 15 an act in relation to authorizing. 16 All bills directly for third 17 reading. 18 SENATOR SKELOS: Move to accept 19 the report of the Rules Committee. 20 ACTING PRESIDENT MEIER: The 21 motion is to accept the report of the Rules 22 Committee. All those in favor signify by 23 saying aye. 24 (Response of "Aye".) 25 Opposed, nay. 1 (There was no response.) 2 The report is accepted. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 would you call up Calendar Number 1472, Senate 6 6863-A, by Senator Farley. 7 ACTING PRESIDENT MEIER: The 8 Secretary will read Calendar 1472. 9 THE SECRETARY: Calendar Number 10 1472, by Senator Farley, Senate Print 6863-A, 11 an act to amend the Public Authorities Law and 12 the Executive Law, in relation to establishing 13 the Schenectady Metroplex. 14 ACTING PRESIDENT MEIER: Read 15 the last section. 16 THE SECRETARY: Section 9. 17 This act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 61. 23 ACTING PRESIDENT MEIER: The 24 bill is passed. 25 Senator Skelos. 1 SENATOR SKELOS: Mr. President, 2 would you call up Calendar Number 1471, Senate 3 6651-A, by Senator Oppenheimer. 4 ACTING PRESIDENT MEIER: The 5 Secretary will read Calendar Number 1471. 6 THE SECRETARY: In relation to 7 Calendar Number 1471, Senator Oppenheimer 8 moves to discharge from the Committee on Rules 9 Assembly Bill Number 9683-B and substitute it 10 for the identical Senate Bill 6651-A. 11 ACTING PRESIDENT MEIER: The 12 substitution is ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1471, by member of the Assembly Matusow, 16 Assembly Print 9683-B, an act in relation to 17 authorizing the town of North Castle. 18 ACTING PRESIDENT MEIER: Read 19 the last section. There's a home rule message 20 at the desk. 21 ACTING PRESIDENT MEIER: 22 Section 2. This act shall take effect 23 immediately. 24 ACTING PRESIDENT MEIER: Call 25 the roll. 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 61. 4 ACTING PRESIDENT MEIER: The 5 bill is passed. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 the Senate will stand at ease. 9 ACTING PRESIDENT MEIER: The 10 Senate will stand at ease. 11 (Whereupon, the Senate stood at 12 ease from 5:11 p.m. until 5:12 p.m.) 13 ACTING PRESIDENT MEIER: 14 Senator Skelos. 15 SENATOR SKELOS: If we could 16 just go to motions and resolutions, I believe 17 there's some housekeeping at the desk. 18 ACTING PRESIDENT MEIER: We'll 19 return to the order of motions and 20 resolutions. 21 The Secretary will read the 22 substitutions. 23 THE SECRETARY: Senator Volker 24 moves to discharge from the Committee on Rules 25 Assembly Bill 9414-A and substitute it for the 1 identical Senate Bill 6562-A. 2 Senator Farley moves to 3 discharge from the Committee on Rules Assembly 4 Bill 11217 and substitute it for the identical 5 Senate Bill 4828-A. 6 ACTING PRESIDENT MEIER: The 7 substitutions are ordered. 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Mr. 10 President, I wish to call up Bill Number 11 5799-A, recalled from the Assembly, which is 12 now at the desk. 13 ACTING PRESIDENT MEIER: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 DeFrancisco, Senate Bill 5799-A, an act to 17 amend the Domestic Relations Law. 18 SENATOR NOZZOLIO: Mr. 19 President, I now move to reconsider the vote 20 by which this bill was passed. 21 ACTING PRESIDENT MEIER: Call 22 the roll on reconsideration. 23 (The Secretary called the roll 24 on reconsideration.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT MEIER: The 2 bill is -- Senator Nozzolio. 3 SENATOR NOZZOLIO: Mr. 4 President, I now offer the following 5 amendments on behalf of Senator DeFrancisco. 6 ACTING PRESIDENT MEIER: The 7 amendments are received. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 could we stand at ease now. 11 ACTING PRESIDENT MEIER: The 12 Senate will stand at ease. 13 SENATOR SKELOS: If we could - 14 that was long enough, Mr. President. 15 ACTING PRESIDENT MEIER: Okay. 16 I feel refreshed. 17 Senator Skelos. 18 SENATOR SKELOS: There will be 19 an immediate conference of the Majority in the 20 Majority Conference Room. 21 ACTING PRESIDENT MEIER: 22 Immediate conference of the Majority in the 23 Majority Conference Room. 24 SENATOR GOLD: Mr. President. 25 ACTING PRESIDENT MEIER: 1 Senator Paterson. 2 SENATOR PATERSON: Mr. 3 President, I have an original idea. There 4 will be an immediate conference of the 5 Minority. We would have it in the Majority 6 Conference Room, a prelude, so to speak, but 7 we'll have it in the Minority Conference Room. 8 ACTING PRESIDENT MEIER: 9 Immediate Conference of the Minority in the 10 Minority Conference Room. 11 SENATOR SKELOS: Once again we 12 will stand at ease, Mr. President. 13 ACTING PRESIDENT MEIER: The 14 Senate will stand at ease. 15 (Whereupon, the Senate stood at 16 ease from 5:14 p.m. until 6:00 p.m.) 17 SENATOR SKELOS: Mr. President. 18 ACTING PRESIDENT MEIER: 19 Senator Skelos. 20 SENATOR SKELOS: There will be 21 an immediate meeting of the Rules Committee in 22 the Majority Conference Room, and the Senate 23 will stand at ease. 24 ACTING PRESIDENT MEIER: 25 Immediate meeting of the Rules Committee in 1 the Senate Majority Conference Room, and the 2 Senate will stand at ease. 3 (Whereupon, the Senate stood at 4 ease from 6:00 p.m. until 8:00 p.m.) 5 ACTING PRESIDENT MEIER: The 6 Senate will come to order. 7 SENATOR KUHL: Mr. President. 8 ACTING PRESIDENT MEIER: 9 Senator Kuhl. 10 SENATOR KUHL: May we return to 11 the order of reports of standing committees. 12 I believe that there is a report of the Rules 13 Committee at the desk and I move that we 14 accept the report of the Rules Committee after 15 it has been read. 16 ACTING PRESIDENT MEIER: The 17 Secretary will read the report of the Rules 18 Committee. 19 THE SECRETARY: Senator Bruno, 20 from the Committee on Rules, reports the 21 following bills: 22 Senate Print 6989-A, by Senator 23 Hannon, an act to amend the Public Health Law; 24 7249-A, by Senator Present, an 25 act to amend the Alcoholic Beverage Control 1 Law; 2 7369-A, by Senator Seward, an 3 act to amend the Tax Law; 4 7428, by Senator Marchi, an act 5 to amend the Education Law; 6 7483-A, by Senator Holland, an 7 act to amend Chapter 436 of the Laws of 1997; 8 7535-A, by Senator Stafford, an 9 act to amend the Tax Law; 10 7551, by Senator Libous, an act 11 to confer jurisdiction; 12 7592, by Senator Holland, an 13 act to amend the Social Services Law; 14 7600, by Senator Marcellino, an 15 act to amend the Environmental Conservation 16 Law; 17 7647, by Senator Kuhl, an act 18 to amend the Agriculture and Markets Law; 19 7660, by Senator Present, an 20 act to amend the Penal law and the Real 21 Property Actions and Proceedings Law; 22 7680-A, by Senator Bruno, an 23 act to authorize the New York State Urban 24 Development Corporation; 25 7686, by Senator Holland, an 1 act to amend the Public Authorities Law; 2 7699-A, by Senator Hannon, an 3 act to amend the New York State Medical Care 4 Facilities Finance Agency Act; 5 7703, by Senator Lack, an act 6 to amend the Real Property Law; 7 7715, by Senator Skelos, an act 8 to amend the Election Law; 9 7721, by Senator Meier, an act 10 authorizing the Commissioner of General 11 Services; 12 7722, by Senator Seward, an act 13 to amend the Economic Development Law; 14 7724, by Senator Holland, an 15 act to amend the Education Law; 16 7731, by Senator Balboni, an 17 act to amend the Economic Development Law; 18 7737, by Senator Present, an 19 act to amend the Education Law; 20 7743, by the Senate Committee 21 on Rules, an act to amend Chapter 552 of the 22 Laws of 1995; 23 7753, by Senator Larkin, an act 24 to amend the Public Authorities Law; 25 7768, by the Senate Committee 1 on Rules, an act to amend the Tax Law; and 2 7734, by Senator Spano, an act 3 to amend the Labor Law. 4 All bills ordered direct for 5 third reading. 6 SENATOR KUHL: I move we accept 7 the report of the Rules Committee. 8 ACTING PRESIDENT MEIER: All 9 those in favor of accepting the report of the 10 Rules Committee signify by saying aye. 11 (Response of "Aye".) 12 Opposed, nay. 13 (There was no response.) 14 The report of the Rules 15 Committee is accepted. 16 Senator Kuhl. 17 SENATOR KUHL: Yes, Mr. 18 President. I believe for the benefit of the 19 members who are here and who are not here, we 20 have an active list on the desk and also a 21 calendar which is being passed out, Senate 22 Supplemental Calendar Number 52-A, and at this 23 time if we might take up the non-controversial 24 reading of the supplemental active list, but 25 before we do that - 1 ACTING PRESIDENT MEIER: 2 Senator Kuhl. 3 SENATOR KUHL: -- if we might 4 move to motions and resolutions, and I would, 5 Mr. President, on behalf of Senator Saland, 6 call up his bill, Senate Print 816-A, recalled 7 from the Assembly, which is at the desk. 8 ACTING PRESIDENT MEIER: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 139, by Senator Saland, Senate Print 816-A, an 12 act to amend the Penal Law. 13 SENATOR KUHL: Mr. President, I 14 now move to reconsider the vote by which the 15 bill passed the house. 16 ACTING PRESIDENT MEIER: Call 17 the roll. 18 (The Secretary called the roll 19 on reconsideration.) 20 THE SECRETARY: Ayes 61. 21 SENATOR KUHL: I offer up the 22 following amendments. 23 ACTING PRESIDENT MEIER: The 24 amendments are received. 25 SENATOR KUHL: Mr. President. 1 ACTING PRESIDENT MEIER: 2 Senator Kuhl. 3 SENATOR KUHL: If we may now 4 have a reading of the non-controversial 5 calendar, the supplemental active list which 6 begins with Calendar Number 347. 7 ACTING PRESIDENT MEIER: The 8 Secretary will read the non-controversial 9 calendar from the supplemental active list. 10 SENATOR LEICHTER: Excuse me, 11 Mr. President. 12 ACTING PRESIDENT MEIER: 13 Senator Leichter. 14 SENATOR LEICHTER: Before we do 15 that, have the bills been put on our desks, 16 Senator Kuhl, or could we wait 'til we get the 17 bills? 18 ACTING PRESIDENT MEIER: 19 Senator Leichter, I'm informed -- Senator 20 Leichter, I'm informed that the bills are on 21 the desk. 22 SENATOR LEICHTER: They said 23 they're in the book. 24 ACTING PRESIDENT MEIER: The 25 Secretary will read. 1 THE SECRETARY: Calendar Number 2 347, by the Assembly Committee on Rules, 3 Assembly Print 8148-D, an act to amend the 4 General Business Law, in relation to 5 providing. 6 SENATOR OPPENHEIMER: Lay it 7 aside, please. 8 ACTING PRESIDENT MEIER: Lay 9 the bill aside. 10 THE SECRETARY: Calendar Number 11 712, by Senator Leibell, Senate Print 6543, an 12 act to amend the Real Property Law, in 13 relation to manufactured home parks. 14 ACTING PRESIDENT MEIER: Read 15 the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 61. 23 ACTING PRESIDENT MEIER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 735, by Senator Wright, Senate Print 6649, an 2 act to amend the Mental Hygiene Law and 3 others, in relation to the provision. 4 ACTING PRESIDENT MEIER: Read 5 the last section. 6 THE SECRETARY: Section 28. 7 This act shall take effect immediately. 8 ACTING PRESIDENT MEIER: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT MEIER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 830, by Senator Volker, Senate Print 3781, an 17 act to amend the Criminal Procedure Law, in 18 relation to interim probation supervision. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 SENATOR LEICHTER: Lay it 22 aside. 23 ACTING PRESIDENT MEIER: Lay 24 the bill aside. 25 THE SECRETARY: Calendar Number 1 1016, by member of the Assembly Sweeney, 2 Assembly Print 9181, an act to amend the 3 General Municipal Law and the Local Finance 4 Law, in relation to making technical and 5 clarifying amendments. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 61. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1017, by Senator LaValle, Senate Print 6138, 19 an act to amend the General Municipal Law and 20 the Local Finance Law, in relation to 21 authorizing defined benefit service award 22 programs. 23 ACTING PRESIDENT MEIER: Read 24 the last section. 25 THE SECRETARY: Section 7. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1047, by the Assembly Committee on Rules, 11 Assembly Print 11124-A, an act to amend the 12 Environmental Conservation Law, in relation to 13 hazardous waste management facilities. 14 SENATOR STACHOWSKI: Lay it 15 aside. 16 ACTING PRESIDENT MEIER: Lay 17 the bill aside. 18 THE SECRETARY: Calendar Number 19 1087, by Senator Marchi, Senate Print 6725, an 20 act to amend the Tax Law and others, in 21 relation to the payment of state collected 22 taxes to certain public benefit corporations. 23 ACTING PRESIDENT MEIER: Read 24 the last section. 25 THE SECRETARY: Section 6. 1 SENATOR STACHOWSKI: Lay it 2 aside. 3 ACTING PRESIDENT MEIER: Lay 4 the bill aside. 5 THE SECRETARY: Calendar Number 6 1279, by member of the Assembly Ortiz, 7 Assembly Print 5968-A, an act directing the 8 Commissioner of the Office of Children and 9 Family Services to study the child care 10 utilization patterns. 11 ACTING PRESIDENT MEIER: Read 12 the last section. 13 THE SECRETARY: Section 2. 14 This act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call 16 the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 61. 20 ACTING PRESIDENT MEIER: The 21 bill is passed. 22 ACTING PRESIDENT MEIER: 23 Senator Kuhl, this would bring us now to the 24 supplemental calendar. That concluded the 25 last calendar. You want us to proceed? 1 The Secretary will proceed with 2 the non-controversial portion of the 3 supplemental calendar. 4 THE SECRETARY: Calendar Number 5 1435, by Senator Lack, Senate Print 3056, an 6 act to amend the General Municipal Law, in 7 relation to giving municipalities the power to 8 prefer bidders. 9 ACTING PRESIDENT MEIER: Read 10 the last section. 11 THE SECRETARY: Section 2. 12 This act shall take effect on the 30th day. 13 ACTING PRESIDENT MEIER: Call 14 the roll. 15 (The Secretary called the 16 roll.) 17 SENATOR GOLD: Mr. President. 18 ACTING PRESIDENT MEIER: 19 Senator Gold, why do you rise? 20 SENATOR GOLD: Yeah. I would 21 just like to briefly explain my vote. 22 Just to Senator Lack, in case 23 this is not agreed upon or in case they want 24 to amend it, I made the point in committee and 25 I was quite serious, this bill, as I read it, 1 talks about the political subdivision. 2 In an area such as Huntington, 3 if you were dealing with a water district, 4 they have ten water districts and you can have 5 somebody very active in the county who's two 6 blocks out of the water district, you may want 7 to help them and the way I read this bill, 8 they would be disqualified to get the benefit. 9 So perhaps Senator Lack on 10 another print may want to make it instead of 11 the district, the county or the city and give 12 it a little more geographic latitude. I 13 certainly don't oppose the idea and I would 14 vote in the affirmative. 15 ACTING PRESIDENT MEIER: 16 Senator Gold will be recorded in the 17 affirmative. 18 THE SECRETARY: Ayes 61. 19 ACTING PRESIDENT MEIER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1437, by the Assembly Committee on Rules, 23 Assembly Print 11217, an act to amend the 24 Banking Law, in relation to the deposit. 25 ACTING PRESIDENT MEIER: Read 1 the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 61. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1438, by Senator Seabrook, Senate Print 5542, 13 an act authorizing the city of New York to 14 reconvey its interest in certain real 15 property. 16 ACTING PRESIDENT MEIER: Read 17 the last section. 18 THE SECRETARY: Section 5. 19 This act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call 21 the roll -- there is a home rule message at 22 the desk. Read the last section -- I'm sorry 23 -- call the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 61. 2 ACTING PRESIDENT MEIER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1441, by Senator Lachman, Senate Print 6045, 6 an act authorizing the city of New York to 7 reconvey its interest in certain real 8 property. 9 ACTING PRESIDENT MEIER: 10 There's a home rule message at the desk. Read 11 the last section. 12 THE SECRETARY: Section 5. 13 This act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 61. 19 ACTING PRESIDENT MEIER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1442, by Senator Johnson, Senate Print 6213-A, 23 an act to amend the Not-for-Profit Corporation 24 Law and others, in relation -- in relation to 25 combinations. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 THE SECRETARY: Section 16. 4 This act shall take effect in 30 days. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 61. 10 ACTING PRESIDENT MEIER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1444 - 14 SENATOR STACHOWSKI: Excuse me. 15 ACTING PRESIDENT MEIER: 16 Senator Stachowski. 17 SENATOR STACHOWSKI: 1442, 18 could I be recorded in the negative, please. 19 ACTING PRESIDENT MEIER: 20 Without objection, Senator - 21 SENATOR KUHL: No objection. 22 ACTING PRESIDENT MEIER: 23 Without objection, Senator Stachowski will be 24 recorded in the negative on Calendar 1442. 25 The Secretary will continue to 1 read -- I'm sorry. Senator Dollinger. 2 SENATOR DOLLINGER: May I be 3 recorded in the negative on Calendar Number 4 1442 as well. 5 ACTING PRESIDENT MEIER: 6 Without objection, Senator Dollinger will be 7 recorded in the negative on Calendar 1442. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 1444, by Senator Lack, Senate Print 6607-A, an 12 act to amend the Real Property Law, in 13 relation to real estate agency disclosure. 14 ACTING PRESIDENT MEIER: Read 15 the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect January 1. 18 ACTING PRESIDENT MEIER: Call 19 the roll. 20 ACTING PRESIDENT MEIER: 21 Senator Rath. 22 SENATOR RATH: Mr. Chairman, I 23 think I was a bit delayed in voting no on 24 1442. If I could be recorded in the 25 negative. I was in the - 1 ACTING PRESIDENT MEIER: 2 Senator Rath, if we may, we've got a roll call 3 and then we'll get right to you. 4 The Secretary will call the 5 roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 61. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 Senator Rath. 12 SENATOR RATH: I'm sorry, Mr. 13 Chairman. I think I was a little slow in 14 getting my vote recorded in the negative on 15 1442. 16 Thank you. 17 ACTING PRESIDENT MEIER: 18 Without objection, Senator Rath will be 19 recorded in the negative on Calendar 1442. 20 Senator Nanula. 21 SENATOR NANULA: Thank you, Mr. 22 President. 23 I too was out of the chamber 24 for the roll call on Calendar Number 1442. I 25 would like to request unanimous consent to be 1 recorded in the negative. 2 ACTING PRESIDENT MEIER: 3 Without objection, you'll be recorded in the 4 negative on Calendar 1442. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Calendar Number 8 1445 - 9 SENATOR GOLD: Lay it aside, 10 please. 11 ACTING PRESIDENT MEIER: Lay 12 the bill aside. 13 THE SECRETARY: Calendar Number 14 1447, by Senator Hannon, Senate Print 6989-A, 15 an act to amend the Public Health Law, the New 16 York State Medical Care Facilities Finance 17 Agency Act and the Public Authorities Law. 18 ACTING PRESIDENT MEIER: Read 19 the last section. 20 THE SECRETARY: Section 40. 21 This act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call 23 the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 61. 2 ACTING PRESIDENT MEIER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1448, by Senator Present, Senate Print 7... 6 SENATOR OPPENHEIMER: Lay it 7 aside. 8 ACTING PRESIDENT MEIER: Lay 9 the bill aside. 10 THE SECRETARY: Calendar Number 11 1449, by Senator Seward, Senate Print 7369-A, 12 an act to amend the Tax Law, in relation to 13 the franchise tax. 14 SENATOR LEICHTER: Lay it 15 aside. 16 ACTING PRESIDENT MEIER: Lay 17 the bill aside. 18 THE SECRETARY: In relation to 19 Calendar Number 1450, Senator Marchi moves to 20 discharge from the Committee on Rules Assembly 21 Bill Number 10786 and substitute it for the 22 identical Third Reading Calendar 1450. 23 ACTING PRESIDENT MEIER: The 24 substitution is ordered. The Secretary will 25 read. 1 THE SECRETARY: Calendar Number 2 1450, by the Assembly Committee on Rules, 3 Assembly Print 10786, an act to amend the 4 Education Law, in relation to the prompt 5 payment. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect in 30 days. 10 ACTING PRESIDENT MEIER: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 61. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1452, by Senator Stafford, Senate Print 19 7535-A, an act to amend the Tax Law, in 20 relation to eliminating the depends tax on 21 assets. 22 ACTING PRESIDENT MEIER: Read 23 the last section. 24 THE SECRETARY: Section 4. 25 This act shall take effect immediately. 1 ACTING PRESIDENT MEIER: Call 2 the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 61. 6 ACTING PRESIDENT MEIER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1453, by Senator Libous, Senate Print 7551, an 10 act to confer jurisdiction upon the Court of 11 Claims to hear, audit and determine. 12 ACTING PRESIDENT MEIER: Read 13 the last section. 14 THE SECRETARY: Section 5. 15 This act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call 17 the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 59, nays 21 2, Senators Dollinger and Saland recorded in 22 the negative. 23 ACTING PRESIDENT MEIER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 1454, by Senator Holland, Senate Print 7592, 2 an act to amend the Social Services Law, in 3 relation to county responsibility. 4 ACTING PRESIDENT MEIER: Read 5 the last section. 6 THE SECRETARY: Section 3. 7 This act shall take effect immediately. 8 ACTING PRESIDENT MEIER: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT MEIER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1455, by Senator Marcellino, Senate Print 17 7600, an act to amend the Environmental 18 Conservation Law, in relation to increasing 19 criminal sanctions. 20 ACTING PRESIDENT MEIER: Read 21 the last section. 22 THE SECRETARY: Section 3. 23 This act shall take effect on the first day of 24 November. 25 ACTING PRESIDENT MEIER: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT MEIER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1456, by Senator Kuhl, Senate Print 7647, an 9 act to amend the Agriculture and Markets Law, 10 in relation to persons exempt from certain 11 regulation. 12 ACTING PRESIDENT MEIER: Read 13 the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call 17 the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 61. 21 ACTING PRESIDENT MEIER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1457, by Senator Present, Senate Print 7660, 25 an act to amend the Penal Law and the Real 1 Property Actions and Proceedings Law, in 2 relation to the criminal sale of controlled 3 substances. 4 ACTING PRESIDENT MEIER: Read 5 the last section. 6 THE SECRETARY: Section 10. 7 This act shall take effect immediately. 8 ACTING PRESIDENT MEIER: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT MEIER: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1458, by Senator Bruno, Senate Print 7680-A, 17 an act to authorize the New York State Urban 18 Development Corporation to utilize certain 19 funds. 20 ACTING PRESIDENT MEIER: 21 Senator Kuhl. 22 SENATOR KUHL: Mr. President, 23 is there a message of necessity at the desk? 24 ACTING PRESIDENT MEIER: There 25 is a message at the desk. 1 SENATOR KUHL: I move we accept 2 the message. 3 ACTING PRESIDENT MEIER: All 4 those in favor of accepting the message of 5 necessity signify by saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The message of necessity is 10 accepted. There is also a home rule message 11 at the desk. 12 SENATOR KUHL: Read the last 13 section. 14 ACTING PRESIDENT MEIER: Read 15 the last section -- to correct the record, 16 there is not a home rule message on this. 17 Read the last section. 18 THE SECRETARY: Section 7. 19 This act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call 21 the roll. 22 (The Secretary called the 23 roll.) 24 THE SECRETARY: Ayes 61. 25 ACTING PRESIDENT MEIER: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1459, by Senator Holland, Senate Print 7686, 4 an act to amend the Public Authorities Law. 5 ACTING PRESIDENT MEIER: Read 6 the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 61. 14 ACTING PRESIDENT MEIER: The 15 bill is passed. 16 SENATOR GOLD: Mr. President. 17 ACTING PRESIDENT MEIER: 18 Senator Gold. 19 SENATOR GOLD: Thank you. 20 Mr. President, I laid aside 21 1445. I don't have an objection. If you want 22 to call it up, it can pass. 23 SENATOR KUHL: Call up 1445, 24 please. 25 ACTING PRESIDENT MEIER: The 1 Secretary will read Calendar 1445. 2 THE SECRETARY: Calendar Number 3 1445, by Senator Hannon, Senate Print 6711-B, 4 an act to amend the State Finance Law, in 5 relation to damages for delay clauses. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect on the first day of 10 January. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT MEIER: The 17 bill is passed. 18 Senator DeFrancisco. 19 SENATOR DeFRANCISCO: I would 20 just like to explain my vote. 21 I'm voting yes, but I'm a 22 little bit confused by the bill memo and the 23 intent of the legislation. 24 The bill memo talks about in 25 the last decade public owners have come to 1 recognize the value of including 2 non-exculpatory clauses in construction 3 contracts. What I think is meant by that, 4 clauses that basically say you can sue for 5 delay damages. 6 My practice has been heavily 7 involved in this type of litigation and I 8 think the opposite is really true. The 9 municipalities have no damages for delay 10 clauses. 11 So the initial premise upon 12 which this bill is done, I think is not a 13 correct premise and rather than -- I think the 14 intent of the bill, however, is to indicate 15 circumstances where you can sue for delay 16 damages and I don't want to get into too much 17 detail, but that's certainly relief that's 18 needed by the contractors. 19 The concern that I have, 20 though, with the bill, it just talks about all 21 these exceptions where you can sue for 22 excusable delay and it lists what it is. I 23 would hope that it doesn't mean -- and I take 24 it to not mean that you can't sue for other 25 damages for delay. It would seem that you 1 should be able to sue for non-excusable delay 2 more than excusable delay. If there's an 3 excuse, you shouldn't be able to sue, but in 4 any event, the point is I don't think the bill 5 memo is correct in its premise. I take this 6 bill to mean to expand the rights to litigate 7 when the town or village or municipality is at 8 fault and that's why I'm voting yes. 9 ACTING PRESIDENT MEIER: 10 Senator DeFrancisco will be recorded in the 11 affirmative. 12 The Secretary will continue to 13 read in regular order. 14 SENATOR GOLD: Mr. President. 15 ACTING PRESIDENT MEIER: I'm 16 sorry. Senator Abate. 17 SENATOR ABATE: Yes. On 18 Calendar Number 1453, I would like to be 19 recorded in the negative. 20 ACTING PRESIDENT MEIER: 21 Without objection, Senator Abate will be 22 recorded in the negative on Calendar 14... 23 SENATOR KUHL: Mr. President, I 24 don't think you finished the roll call first. 25 Could we do that first and then you can take 1 some votes. 2 ACTING PRESIDENT MEIER: We did 3 finish the roll call, Senator. 4 SENATOR KUHL: Okay. I don't 5 think you announced the results, did you? 6 ACTING PRESIDENT MEIER: Yes, I 7 did. The bill is passed. 8 Senator Abate, without 9 objection, will be recorded in the negative on 10 Calendar 1453. 11 The Secretary will continue to 12 read in regular order. 13 THE SECRETARY: Calendar Number 14 1462, by Senator Skelos, Senate Print 7715, an 15 act to amend the Election Law, in relation to 16 the appointment of a commissioner. 17 ACTING PRESIDENT MEIER: Read 18 the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT MEIER: The 2 bill is passed. 3 The Secretary will read 4 Calendar 1461. 5 THE SECRETARY: Calendar Number 6 1461, by Senator Lack, Senate Print 7703, an 7 act to amend the Real Property Law, in 8 relation to computer-based real estate 9 continuing education classes. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 61. 19 ACTING PRESIDENT MEIER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1463, by Senator Meier, Senate Print 7721, an 23 act authorizing the Commissioner of General 24 Services to transfer and convey. 25 ACTING PRESIDENT MEIER: Read 1 the last section. 2 THE SECRETARY: Section 6. 3 This act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 61. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1465, by Senator Holland, Senate Print 7724, 13 an act to amend the Education Law, in relation 14 to the handling and treatment of pupils 15 afflicted with asthma. 16 ACTING PRESIDENT MEIER: Read 17 the last section. 18 THE SECRETARY: Section 2. 19 This act shall take effect on the 120th day. 20 ACTING PRESIDENT MEIER: Call 21 the roll. 22 (The Secretary called the 23 roll.) 24 THE SECRETARY: Ayes 61. 25 ACTING PRESIDENT MEIER: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1467, by Senator Present, Senate Print 7737, 4 an act to amend the Education Law, in relation 5 to the lease of school buses. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 7. 9 This act shall take effect September 1. 10 ACTING PRESIDENT MEIER: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 61. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1468, by the Senate Committee on Rules, Senate 19 Print 7743, an act to amend Chapter 552 of the 20 Laws of 1995. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT MEIER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1473, by Senator Spano, Senate Print 7734, an 9 act to amend the Labor Law. 10 SENATOR KUHL: Lay the bill 11 aside. 12 ACTING PRESIDENT MEIER: 13 Senator Kuhl, that completes the 14 non-controversial calendar. 15 SENATOR VOLKER: Mr. President. 16 ACTING PRESIDENT MEIER: 17 Senator Volker. 18 SENATOR VOLKER: Mr. President, 19 for the first time in two years, I would like 20 to make a request for unanimous consent to be 21 recorded in the negative on Calendar Number 22 1442, by Senator Johnson, on page 2, Senate 23 Print 6213-A. 24 ACTING PRESIDENT MEIER: 25 Without objection, Senator Volker will be 1 recorded in the negative on Calendar Number 2 1442. 3 Senator Kuhl. 4 SENATOR KUHL: Yes, Mr. 5 President. May we now take up the 6 controversial calendar after you recognize 7 Senator Breslin. 8 ACTING PRESIDENT MEIER: Yes. 9 Senator Breslin. 10 SENATOR BRESLIN: Mr. 11 President, I request to be recorded in the 12 negative on 1453 with unanimous consent. 13 ACTING PRESIDENT MEIER: 14 Without objection, Senator Breslin will be 15 recorded in the negative on Calendar 1453. 16 The Secretary will read the 17 controversial calendar. 18 THE SECRETARY: Calendar Number 19 347, by the Assembly Committee on Rules, 20 Assembly Print 8148-D, an act to amend the 21 General Business Law, in relation to providing 22 for the regulation. 23 ACTING PRESIDENT MEIER: Read 24 the last section. 25 THE SECRETARY: Section 5. 1 This act shall take effect on the first day of 2 January. 3 ACTING PRESIDENT MEIER: Call 4 the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 61. 8 ACTING PRESIDENT MEIER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 830, by Senator Volker, Senate Print 3781, an 12 act to amend the Criminal Procedure Law, in 13 relation to interim probation supervision. 14 SENATOR LEICHTER: Can we have 15 an explanation, please. 16 ACTING PRESIDENT MEIER: 17 Senator Volker, an explanation has been 18 requested by Senator Leichter. 19 SENATOR VOLKER: This is a bill 20 that came from -- actually came from the OCA 21 and it is not a regular criminal justice bill 22 and it authorizes the court to place a 23 defendant on interim supervision. 24 SENATOR LEICHTER: Explanation 25 satisfactory. 1 SENATOR VOLKER: Okay. Thank 2 you. 3 ACTING PRESIDENT MEIER: Read 4 the last section. 5 THE SECRETARY: Section 2. 6 This act shall take effect in 90 days. 7 ACTING PRESIDENT MEIER: Call 8 the roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Ayes 61. 12 ACTING PRESIDENT MEIER: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1047, by the Assembly Committee on Rules, 16 Assembly Print 11124-A, an act to amend the 17 Environmental Conservation Law, in relation to 18 hazardous waste management facilities. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 SENATOR OPPENHEIMER: 22 Explanation. 23 ACTING PRESIDENT MEIER: 24 Senator Marcellino, an explanation has been - 25 SENATOR OPPENHEIMER: No. If 1 you recognize me. 2 ACTING PRESIDENT MEIER: 3 Senator Oppenheimer. 4 SENATOR OPPENHEIMER: I got an 5 explanation already from Senator Marcellino 6 and it's very satisfactory, so I will be 7 voting for the bill. 8 ACTING PRESIDENT MEIER: Read 9 the last section. 10 THE SECRETARY: Section 2. 11 This act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 61. 17 ACTING PRESIDENT MEIER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1087, by Senator Marchi, Senate Print 6725, an 21 act to amend the Tax Law and others, in 22 relation to the payment of state collected 23 taxes. 24 ACTING PRESIDENT MEIER: Read 25 the last section. 1 THE SECRETARY: Section 6. 2 This act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call 4 the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 61. 8 ACTING PRESIDENT MEIER: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1448, by Senator Present, Senate Print 7249-A, 12 an act to amend the Alcoholic Beverage Control 13 Law, in relation to restaurant brewer 14 licenses. 15 SENATOR LEICHTER: Explanation, 16 please. 17 ACTING PRESIDENT MEIER: 18 Senator Present, an explanation has been 19 requested of Calendar 1448 by Senator 20 Stachowski. 21 SENATOR PRESENT: Mr. 22 President, in 1997 we created a special 23 license for microbrewers and we sort of cut 24 out current restaurant owners. 25 This bill would allow 1 restaurant owners to apply for such a license 2 and if they manufacture or brew only 20,000 or 3 less barrels a year. So it corrects an 4 inequity in the law. These microbreweries and 5 small brewery restaurants have been doing 6 well. They're occupying vacant spaces in many 7 communities, in run-down areas, in abandoned 8 industrial areas. It creates the economy of 9 the state. It creates jobs and makes it fair 10 practice for those engaged in that business. 11 ACTING PRESIDENT MEIER: 12 Senator Stachowski. 13 SENATOR STACHOWSKI: Will 14 Senator Present yield for a couple of 15 questions? 16 ACTING PRESIDENT MEIER: 17 Senator, do you yield to a question? 18 SENATOR PRESENT: Yes, I will. 19 ACTING PRESIDENT MEIER: The 20 sponsor yields. 21 SENATOR STACHOWSKI: Senator, 22 in a memo, the New York State Beer Wholesalers 23 Association have some opposition to this bill, 24 claiming that, for one, it's an unjustified 25 exception to New York's tight held statute and 1 they cite that this law which is embodied in 2 Section 101 of the ABC Law prohibits 3 manufacturers from being interested in retail 4 accounts. They're claiming this prohibition 5 -- that this exception is unnecessary and 6 they're afraid of possible problems that they 7 might run into if different kinds of companies 8 start owning brew pubs. 9 SENATOR PRESENT: Do you agree 10 with that? 11 SENATOR STACHOWSKI: I'm asking 12 you the question. Do you think that's a real 13 problem? 14 SENATOR PRESENT: No, I don't 15 agree with that lobbyist memorandum. You 16 apparently do. You're raising the question. 17 You know, that's business in New York State, 18 competitive business. 19 SENATOR STACHOWSKI: Thanks. 20 That's the only question I had. 21 SENATOR PRESENT: Last section. 22 SENATOR STACHOWSKI: On the 23 bill. 24 ACTING PRESIDENT MEIER: 25 Senator Stachowski, on the bill. 1 SENATOR STACHOWSKI: As much as 2 I respect my dear friend Senator Present and 3 as much as I know that brew pubs are a good 4 business, I do kind of agree with the problem 5 that they're citing. I don't know that we 6 want to have these -- I can understand that 7 the brew pub that is -- some of them are 8 restaurants but to have brew pubs owning 9 separate restaurants and retaurants then 10 buying -- opening up brew pubs, I don't know 11 that that's what we want to get into and 12 there's a concern, I guess, lying even deeper 13 that next thing you know some of the larger 14 beer people, for example, Coors would open up 15 a microbrew place and the next thing you know 16 they would be running their business out of 17 that in the locality and eliminating the beer 18 wholesaler. 19 So that's the real problem that 20 they face down the road that they're talking 21 about and whether it's real or not, I don't 22 know, but I know some small beer wholesalers 23 and I really don't want to put them out of 24 business. 25 So I'm going to oppose this 1 even though I don't blame Senator Present for 2 pushing it. 3 ACTING PRESIDENT MEIER: Read 4 the last section. 5 THE SECRETARY: Section 2. 6 This act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call 8 the roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Those recorded 12 in the negative on Calendar Number 1448 are 13 Senators Connor, Paterson, Sampson, Smith and 14 Stachowski. Ayes 56, nays 5. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1449, by Senator Seward, Senate Print 7369-A, 19 an act to amend the Tax Law, in relation to 20 the franchise tax on certain utilities. 21 SENATOR LEICHTER: Explanation. 22 ACTING PRESIDENT MEIER: 23 Senator Seward, an explanation has been 24 requested of Calendar Number 1449 by Senator 25 Leichter. 1 SENATOR SEWARD: Certainly, Mr. 2 President. This legislation deals with a 3 portion of the gross receipts tax and as we 4 all know and we've discussed many times in 5 this chamber, there is a four and a half 6 percent gross receipts tax that is imposed on 7 our utility bills and even though in last 8 year's budget we had begun to slowly bring 9 down a portion of the gross receipts tax 10 between now and the year 2000, the four and a 11 half percent gross receipts tax is actually 12 made up of three-quarters of a percent gross 13 earnings tax imposed by Section 186 of the Tax 14 Law and three and a half percent gross income 15 tax imposed by Section 186 (a). 16 Now, this legislation before us 17 deals with that three-quarter percent of gross 18 receipts tax. It amends Section 186 of the 19 Tax Law to exempt the sales or resale by 20 electricity, water, steam or gas corporation 21 from the three-quarters of a percent gross 22 receipts tax. Specifically the sales for 23 resale would be exempted from the definitions 24 of the gross earnings for the purposes of that 25 section. 1 Now, why is this important? 2 Under the traditional structure that we've had 3 in our utilities and our electric industry in 4 this state, it's been vertically integrated 5 where the end sale to the ratepayer is when 6 this tax is collected and under the vertically 7 integrated arrangement we have had in this 8 state, that tax is paid only once. 9 However, we are approaching a 10 time when there will be true competition. We 11 will see a number of new participants in the 12 market here in New York State, a lot of 13 marketers, brokers and energy service 14 companies and we will be seeing the 15 electricity sold and resold perhaps a number 16 of times before getting to the end user and 17 what this legislation seeks to do is to avoid 18 the imposition of this tax every time one of 19 those resales -- sales for resale take place, 20 the tax would still be imposed on the end 21 user. 22 So it will be paid once rather 23 than a number of times will occur if we do not 24 pass this legislation. 25 SENATOR LEICHTER: Mr. 1 President. 2 ACTING PRESIDENT MEIER: 3 Senator Leichter. 4 SENATOR LEICHTER: If Senator 5 Seward would yield. 6 ACTING PRESIDENT MEIER: 7 Senator, will you yield for a question? 8 SENATOR SEWARD: Certainly. 9 ACTING PRESIDENT MEIER: The 10 sponsor yields. 11 SENATOR LEICHTER: Senator, I 12 think we all agree that the gross receipts tax 13 is an unfortunate tax and our concern is, of 14 course, primarily with the amounts that the 15 consumer pays because the tax is passed on to 16 the consumer, but I'm not clear with the 17 exception that you make to the payment of the 18 tax, how that's going to benefit the ultimate 19 consumer, how it's going to reduce their tax 20 bill. 21 SENATOR SEWARD: Well, very 22 simply, Mr. President. The tax we're talking 23 about, let's be clear here, is not paid by the 24 utility involved, or the electric 25 corporation. It is paid by the ratepayers. 1 These costs are passed on to the ratepayers 2 and so absent this legislation being enacted 3 into law, that ratepayer is going to be hit 4 with a significant increase in the cost of 5 their electricity because there will be 6 additional tax imposed every time electricity 7 is sold for resale. 8 So we're just -- we're 9 attempting to eliminate that tax hike and - 10 which translates into a rate hike for the end 11 user, the ratepayer of electricity. 12 SENATOR LEICHTER: If you'll 13 continue to yield, Senator. 14 ACTING PRESIDENT MEIER: 15 Senator, do you continue to yield? Senator 16 Seward continues to yield. 17 SENATOR LEICHTER: I understand 18 how the tax is paid by the ultimate consumer 19 because under the current system the utility, 20 as it sells the energy to a consumer, will 21 tack on the gross receipts tax. Now you have 22 an instance where one utility sells to another 23 utility which may then sell to the ultimate 24 consumer. Are you saying that as the gross 25 receipts tax is presently administered and 1 structured that the consumer in that instance 2 where there's a resale, that the gross 3 receipts tax allows the pass-through to the 4 consumer of the tax that is paid on the 5 resale, let's say Con Edison sells to Niagara 6 Mohawk. Niagara Mohawk then sells to a 7 consumer, right? That's the situation you're 8 envisaging, right? 9 SENATOR SEWARD: Yes. It could 10 occur between utilities or electric companies, 11 independent power producers. 12 SENATOR LEICHTER: I 13 understand. Let's take my example. 14 SENATOR SEWARD: Right. 15 SENATOR LEICHTER: If I 16 understand it. Niagara Mohawk sells to a 17 consumer, charges the gross receipts tax, that 18 tax we would like to eliminate it. Now we 19 have Con Edison selling to Niagara Mohawk. 20 Niagara Mohawk has to pay that gross receipts 21 tax to Con Edison -- well, it pays as part of 22 the overall bill the gross receipts tax, 23 right? 24 SENATOR SEWARD: That's 25 correct, sir. 1 SENATOR LEICHTER: Now, Niagara 2 Mohawk now sells electricity to the ultimate 3 consumer. I'm not sure that under the law as 4 it's administered that there would be any 5 basis for it to charge to the consumer not 6 just the ordinary gross receipts tax but also 7 the amount of the tax that Niagara Mohawk paid 8 to Con Ed -- paid on the purchase from Con 9 Edison. 10 SENATOR SEWARD: Well, Mr. 11 President, Senator Leichter is mistaken. The 12 end seller of the electricity is entitled to 13 -- as a legitimate cost or adding to the rate 14 that they charge the end user of electricity, 15 they're entitled to pass through all of the 16 taxes that they have paid. 17 SENATOR LEICHTER: Okay. 18 SENATOR SEWARD: That's one of 19 the problems in the state of New York. Those 20 taxes are too high. They'll be even higher if 21 we don't enact this bill. 22 SENATOR LEICHTER: Okay. So 23 what you're saying, if I understand it, 24 Senator -- in which case this certainly is a 25 good bill -- that not only do they pass on the 1 gross receipts tax ordinarily paid by the 2 consumer but that all other taxes that they 3 may have paid including any other gross 4 receipts tax that they may have paid on the 5 purchase from another utility can be passed 6 along to the ultimate user and that's what you 7 seek to avoid. 8 SENATOR SEWARD: That is 9 correct. In fact, it varies from utility to 10 utility, but let's say on the average it's 11 about 17 and 19 cents of every dollar we pay 12 in our utility bill is some sort of tax that's 13 been passed through to the end user and that 14 will increase if we don't enact this bill. 15 SENATOR LEICHTER: Because 16 there's going to be more resales of 17 electricity. 18 SENATOR SEWARD: Exactly. 19 SENATOR LEICHTER: I 20 understand. I thank you for your explanation. 21 SENATOR SEWARD: Thank you. 22 Last section. 23 ACTING PRESIDENT MEIER: Read 24 the last section. 25 THE SECRETARY: Section 2. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 For the information to the 10 members, there will be another Rules Committee 11 meeting called some time shortly and we will 12 take up another Rules report this evening. 13 (Whereupon, the Senate stood at 14 ease.) 15 ACTING PRESIDENT SPANO: 16 Senator Larkin. 17 SENATOR LARKIN: Mr. President, 18 there will be an immediate meeting of the 19 Rules Committee in Room 332. 20 ACTING PRESIDENT SPANO: 21 Immediate meeting of the Rules Committee in 22 Room 332. 23 (Whereupon, the Senate stood at 24 ease from 9:40 p.m. until 10:14 p.m.) 25 ACTING PRESIDENT MEIER: The 1 Senate will come to order, please. 2 Senator Kuhl. 3 SENATOR KUHL: Yes, Mr. 4 President. 5 May we return to the 6 supplemental active list number 2 and Calendar 7 Number 1473, could we have that bill read, 8 please. 9 ACTING PRESIDENT MEIER: 10 Secretary will return to the supplemental 11 active list and read Calendar Number 1473. 12 THE SECRETARY: Calendar Number 13 1473, by Senator Spano, Senate Print 7734, an 14 act to amend the Labor Law, in relation to 15 unlawfully manufactured apparel. 16 ACTING PRESIDENT MEIER: Read 17 the last section. 18 Senator Kuhl. 19 SENATOR KUHL: Yes. Mr. 20 President, is there a message at the desk? 21 ACTING PRESIDENT MEIER: Yes, 22 there is. 23 SENATOR KUHL: I move we accept 24 the message. 25 ACTING PRESIDENT MEIER: All 1 those in favor of accepting the message of 2 necessity signify by saying aye. 3 (Response of "Aye.") 4 Opposed nay. 5 (There was no response.) 6 The message is accepted. Read 7 the last section. 8 THE SECRETARY: Section 3. 9 This act shall take effect on the same date as 10 the chapter of the laws of 1998. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll. ) 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT MEIER: The 17 bill is passed. 18 Senator Kuhl. 19 SENATOR KUHL: Yes. Now, Mr. 20 President, may we return to the order of 21 reports of standing committees. I believe 22 there's a report of the Rules Committee at the 23 desk. I'd ask the Secretary to read it. 24 ACTING PRESIDENT MEIER: 25 Secretary will read the Rules Committee 1 report. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, offers up the 4 following bills for third reading: 5 Senate bill 524-A, by Senator 6 Present, an act to amend the Tax Law, in 7 relation to the production of oil; 8 1342-C, by Senator Stafford, an 9 act to amend the Family Court Act; 10 1774, by Senator Kuhl, an act 11 to amend the Agriculture and Markets Law, in 12 relation to the use of lands in agriculture; 13 3311-C, by Senator Goodman and 14 others, an act to amend the Agriculture and 15 Markets Law, in relation to aggravated 16 cruelty; 17 3449-C, by Senator Marchi, an 18 act to amend the Navigation Law; 19 4416, by Senator Skelos, an act 20 to amend the Civil Practice Law and Rules; 21 5202-A, by Senator Nozzolio, an 22 act to amend the Correction Law; 23 5439-A, by Senator Markowitz, 24 an act authorizing the city of New York; 25 5703-A, by Senator Dollinger, 1 an act to amend the Railroad Law; 2 6046-A, by Senator Skelos, an 3 act to amend the Navigation Law and the State 4 Finance Law; 5 6155-A, by Senator Goodman and 6 others, an act to amend the Local Finance Law, 7 in relation to the sale of bonds; 8 6256-A, by Senator Goodman, an 9 act to amend Chapter 115 of the Laws of 1995; 10 6491-A, by Senator Johnson, an 11 act to amend the Lien Law; 12 6632-a, by Senator Marchi, an 13 act authorizing the city of New York to 14 reconvey; 15 6760, by Senator Meier, an act 16 to amend the Family Court Act; 17 6769-A, by Senator Leibell, an 18 act authorizing the town of Phillipstown; 19 6774-A, by Senator Alesi, an 20 act to amend the Tax Law, in relation to the 21 basis; 22 6829-A, by Senator Saland, an 23 act authorizing the town of Claverack; 24 7361, by Senator Saland, an act 25 to amend the Social Services Law; 1 7572-A, by Senator Velella, an 2 an act to amend the Insurance Law; 3 7595-B, by Senator Alesi, an 4 act to amend the Local Finance Law; 5 7596-A, by Senator Alesi, an 6 act to authorize the city of Rochester; 7 7732, by Senator Balboni, an 8 act in relation to adjusting; 9 7733, by Senator Libous, an act 10 to amend Chapter 649 of the Laws of 1996; 11 7740, by Senator Padavan, an 12 act to amend the Education Law; 13 7742, by Senator Holland, an 14 act to authorize the sale of real property; 15 7762, by Senator Skelos, an act 16 authorizing the assessor of the county of 17 Nassau; 18 7764, by Senator Padavan, an 19 act to amend the Real Property Tax Law; 20 7766, by Senator Padavan, an 21 act to amend the Education Law; 22 7770, by Senator Libous and 23 others, an act to amend Chapter 723 of the 24 Laws of 1993; 25 7776, by Senator Goodman, an 1 act to amend the General Business Law; 2 7783, by the Committee on 3 Rules, an act to amend the Civil Service Law; 4 7795, by the Committee on 5 Rules, an act to amend the Insurance Law; 6 7811, by Senator Velella, an 7 act to amend the Vehicle and Traffic Law; 8 7413, by Senator Stachowski, an 9 act to amend the Penal Law. 10 All bills directly for third 11 reading. 12 ACTING PRESIDENT MEIER: 13 Senator Kuhl. Senator Kuhl. 14 SENATOR KUHL: Yes, Mr. 15 President. I move we accept the report of the 16 Rules Committee at this time. 17 ACTING PRESIDENT MEIER: All 18 those in favor of accepting the report of the 19 Rules Committee signify by saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response. ) 23 The report of the Rules 24 Committee is accepted. 25 SENATOR KUHL: Now, Mr. 1 President, may we go to the order of motions 2 and resolutions. I believe you've got some 3 substitutions at the desk. 4 ACTING PRESIDENT MEIER: 5 Motions and resolutions. The Secretary will 6 read the substitutions. 7 ACTING PRESIDENT MEIER: 8 Senator Kuhl. 9 SENATOR KUHL: Yes, Mr. 10 President. May we now proceed. 11 ACTING PRESIDENT MEIER: 12 Secretary will read. 13 THE SECRETARY: In relation to 14 Calendar Number 1474, Senator Present moves to 15 discharge from the Committee on Finance 16 Assembly Bill 2156-A, and substitute it for 17 the identical Senate Bill 524-A. 18 ACTING PRESIDENT MEIER: 19 Substitution ordered. Secretary will read. 20 THE SECRETARY: Calendar Number 21 1474, by member of the Assembly Parment, 22 Assembly Print 2156-A, an act to amend the Tax 23 Law, in relation to production of oil and 24 gas. 25 ACTING PRESIDENT MEIER: Read 1 the last section. 2 THE SECRETARY: Section 4. 3 This act shall take effect on the first day of 4 sales tax quarterly period. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll. ) 9 SENATOR LEICHTER: Is this 10 1474? 11 ACTING PRESIDENT MEIER: Yes. 12 (The Secretary called the 13 roll. ) 14 THE SECRETARY: Ayes 60, nays 15 one, Senator Leichter recorded in the 16 negative. 17 ACTING PRESIDENT MEIER: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1476, Senator Kuhl moves to 21 discharge from the Committee on Rules Assembly 22 Bill 3029 and substitute it for the identical 23 Senate Bill 1774. 24 ACTING PRESIDENT MEIER: 25 Substitution ordered. Secretary will read. 1 THE SECRETARY: Calendar Number 2 1476, by the Assembly Committee on Rules, 3 Assembly Print 3029, an act to amend the 4 Agriculture and Markets Law, in relation to 5 use of lands in agriculture. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 (The Secretary called the 9 roll. ) 10 THE SECRETARY: Ayes 61. 11 ACTING PRESIDENT MEIER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1479, by Senator Skelos, Senate Print 4416, an 15 act to amend the Civil Practice Law and 16 Rules. 17 ACTING PRESIDENT MEIER: Read 18 the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call 22 the roll. 23 (The Secretary called the 24 roll. ) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT MEIER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1480, by Senator Nozzolio, Senate Print 5 5202-A, an act to amend the Corrections Law, 6 in relation to a compensation cap. 7 ACTING PRESIDENT MEIER: Read 8 the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll. ) 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT MEIER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1481, by Senator Markowitz, Senate Print 20 5439-A, an act authorizing the city of New 21 York to reconvey. 22 ACTING PRESIDENT MEIER: Read 23 the last section. 24 THE SECRETARY: Section 5. 25 This act shall take effect immediately. 1 ACTING PRESIDENT MEIER: Call 2 the roll. O.K. There is a home rule message 3 at the desk. Call the roll. 4 (The Secretary called the 5 roll. ) 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1482, by Senator Dollinger, Senate Print 11 5703-A, an act to amend the Railroad Law. 12 ACTING PRESIDENT MEIER: Last 13 section. 14 THE SECRETARY: Section 2. 15 This act shall take effect on the first day of 16 November. 17 ACTING PRESIDENT MEIER: Call 18 the roll. 19 (The Secretary called the 20 roll. ) 21 THE SECRETARY: Ayes 61. 22 ACTING PRESIDENT MEIER: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1484, Senator Goodman moves to 1 discharge from the Committee on Rules Assembly 2 Bill 9428-A, and substitute it for the 3 identical Senate Bill 6155-A. 4 ACTING PRESIDENT MEIER: 5 Substitution ordered. Secretary will read. 6 THE SECRETARY: Calendar Number 7 1484, by member of the Assembly Farrell, 8 Assembly Print 9428-A, an act to amend the 9 Local Finance Law. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 SENATOR PATERSON: Lay aside. 13 ACTING PRESIDENT MEIER: Lay 14 the bill aside. 15 THE SECRETARY: Calendar Number 16 1487, by Senator Marchi, Senate Print 6632-A, 17 an act authorizing the city of New York to 18 reconvey. 19 ACTING PRESIDENT MEIER: 20 There's a home rule message at the desk. Read 21 the last section. 22 THE SECRETARY: Section 2. 23 This act shall take effect immediately. 24 ACTING PRESIDENT MEIER: Call 25 the roll. 1 (The Secretary called the 2 roll. ) 3 THE SECRETARY: Ayes 61. 4 ACTING PRESIDENT MEIER: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1484 -- correction, Calendar 8 Number 1488, by Senator Meier, Senate Print 9 6760, an act to amend the Family Court Act. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll. ) 18 THE SECRETARY: Ayes 61. 19 ACTING PRESIDENT MEIER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1489, by Senator Leibell, Senate Print 6769-A, 23 an act authorizing the town of Phillipstown. 24 ACTING PRESIDENT MEIER: 25 There's a home rule message at the desk. Read 1 the last section. 2 THE SECRETARY: Section 3. 3 This act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call 5 the roll. 6 (The Secretary called the 7 roll. ) 8 THE SECRETARY: Ayes 61. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1490, by Senator Alesi, Senate Print 6774-A, 13 an act to amend the Tax Law, in relation to 14 the basis on which compensating use taxes are 15 owed. 16 ACTING PRESIDENT MEIER: Read 17 the last section. 18 THE SECRETARY: Section 2. 19 This act shall take effect on the first day of 20 March. 21 ACTING PRESIDENT MEIER: Call 22 the roll. 23 (The Secretary called the 24 roll. ) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT MEIER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1491, by Senator Saland, Senate Print 6829-A, 5 an act authorizing the town of Claverack. 6 ACTING PRESIDENT MEIER: 7 There's a home rule message at the desk. Read 8 the last section. 9 THE SECRETARY: Section 4. 10 This act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll. ) 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT MEIER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1492, by Senator Saland, Senate Print 7361, an 20 act to amend the Social Services Law. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 THE SECRETARY: Section 22. 24 This act shall take effect on March 1st, 25 1999. 1 ACTING PRESIDENT MEIER: Call 2 the roll. 3 SENATOR SALAND: Lay the bill 4 aside for the day. 5 ACTING PRESIDENT MEIER: Lay 6 the bill aside for the day. 7 THE SECRETARY: Calendar Number 8 1493, by Senator Velella, Senate Print 7572-A, 9 an act to amend the Insurance Law, in relation 10 to continuing. 11 SENATOR KUHL: Mr. President, 12 is there a message at the desk? 13 ACTING PRESIDENT MEIER: There 14 is a message. 15 SENATOR KUHL: Move we accept 16 the message. 17 ACTING PRESIDENT MEIER: All 18 those in favor of accepting the message of 19 necessity signify by saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response.) 23 The message is accepted. 24 Secretary will read. 25 THE SECRETARY: Section 7. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1494, by Senator Alesi, Senate Print 7595-B, 11 an act to amend the Local Finance Law, in 12 relation to financing remediation. 13 ACTING PRESIDENT MEIER: Lay 14 the bill aside. 15 THE SECRETARY: Calendar Number 16 1496, by Senator Balboni, Senate print 7732, 17 an act in relation to adjusting certain state 18 aid payments. 19 SENATOR KUHL: Mr. President, 20 is there a message of necessity at the desk? 21 ACTING PRESIDENT MEIER: There 22 is a message at the desk. 23 SENATOR KUHL: Move we accept 24 the message. 25 ACTING PRESIDENT MEIER: All 1 those in favor of accepting the message of 2 necessity signify by saying aye. 3 (Response of "Aye.") 4 Opposed nay. 5 (There was no response. ) 6 The message is accepted. Read 7 the last section. 8 THE SECRETARY: Section 4. 9 This act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 61. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1498, by Senator Padavan, Senate Print 7740, 19 an act to amend the Education Law, in relation 20 to the composition of community boards. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 SENATOR PATERSON: Lay aside, 24 please. 25 ACTING PRESIDENT MEIER: Lay 1 the bill aside. 2 THE SECRETARY: Calendar Number 3 1499, by Senator Holland, Senate Print 7742, 4 an act to authorize the sale of real 5 property. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 9. 9 This act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 61. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1503, by Senator Libous, Senate Print 7770, an 19 act to amend Chapter 723 of the Laws of 1993. 20 SENATOR KUHL: Mr. President, 21 is there a message of necessity at the desk? 22 ACTING PRESIDENT MEIER: There 23 is a message of necessity at the desk. 24 SENATOR KUHL: Move we accept 25 the message. 1 ACTING PRESIDENT MEIER: All 2 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. Read 8 the last section. 9 THE SECRETARY: Section 4. 10 This act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 ACTING PRESIDENT MEIER: I'm 16 sorry. Senator Libous, to explain his vote. 17 SENATOR LIBOUS: Mr. President, 18 I just want to make note to the members that 19 this legislation extends the Community 20 Reinvestment Act which expires on March 31, 21 1999. It will extend it to September 30, 22 2001. 23 ACTING PRESIDENT MEIER: 24 Secretary will call the roll. 25 (The Secretary called the 1 roll. ) 2 THE SECRETARY: Ayes 61. 3 ACTING PRESIDENT MEIER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1507, by Senator Velella, Senate Print 7811, 7 an act to amend the Vehicle and Traffic Law 8 and the Insurance Law. 9 SENATOR KUHL: Mr. President, 10 is there a message of necessity at the desk? 11 ACTING PRESIDENT MEIER: There 12 is a message of necessity. 13 SENATOR KUHL: Move we accept 14 the message. 15 ACTING PRESIDENT MEIER: All 16 those in favor of accepting the message of 17 necessity signify by saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response.) 21 The message is accepted. Read 22 the last section. 23 THE SECRETARY: Section 7. 24 This act shall take effect July 1st, 1998. 25 ACTING PRESIDENT MEIER: Call 1 the roll. 2 (The Secretary called the roll. 3 THE SECRETARY: Ayes 61. 4 ACTING PRESIDENT MEIER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1508, by Senator Stachowski, Senate Print 8 7413, an act to amend the Penal Law, in 9 relation to assault. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect on the first day of 14 November. 15 ACTING PRESIDENT MEIER: Call 16 the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 61. 20 ACTING PRESIDENT MEIER: The 21 bill is passed. 22 Senator Kuhl. 23 SENATOR KUHL: May we now read 24 the controversial calendar. 25 ACTING PRESIDENT MEIER: 1 Secretary will read the controversial 2 calendar. 3 THE SECRETARY: Calendar Number 4 1484, substituted earlier today, by member of 5 the Assembly Farrell, Assembly Print 9428-A, 6 an act to amend the Local Finance Law. 7 SENATOR KUHL: Lay it aside for 8 the day. 9 ACTING PRESIDENT MEIER: Lay 10 the bill aside for the day. 11 THE SECRETARY: Calendar Number 12 1498, by Senator Padavan, Senate Print 7740, 13 an act to amend the Education Law, in relation 14 to composition of community boards. 15 SENATOR PATERSON: Explanation. 16 ACTING PRESIDENT MEIER: 17 Senator Padavan, an explanation has been 18 requested of Calendar 1498 by Senator 19 Paterson. 20 SENATOR PADAVAN: Mr. 21 President, late last year or late '96 we 22 passed a governance bill that significantly 23 altered the structure of our community school 24 boards and the governance of the board of 25 education and the school system in the city of 1 New York. 2 One component of that bill, 3 that law which became law, established a task 4 force to report back to us on recommendations 5 and how it changed in a positive way the 6 method of electing community school boards. 7 This bill reflects those 8 recommendations. First, and I think 9 importantly to everyone, the ballots will now 10 be cast by machine rather than a paper ballot; 11 fortunately that cascading system which none 12 of us could understand is eliminated and 13 individuals who voted for four of the nine 14 candidates and the top nine will win, will 15 serve. 16 Those are the essential 17 ingredients in this bill. The election 18 remains in the same calendar time frame. 19 There are provisions for education of voters 20 and registration of parent voters, and 21 dissemination of information about candidates 22 as well as those who serve on the community 23 school boards as far as their record and 24 attendance and other pertinent information. 25 ACTING PRESIDENT MEIER: 1 Senator Paterson. 2 SENATOR PATERSON: Mr. 3 President, I just have one quick question for 4 Senator Padavan. 5 ACTING PRESIDENT MEIER: 6 Senator Padavan, do you yield to a question? 7 SENATOR PADAVAN: Yes. 8 ACTING PRESIDENT MEIER: 9 Senator yields. 10 SENATOR PATERSON: Senator 11 Padavan, do you think under the new system 12 that minorities, and I don't mean when I say 13 minorities necessarily African-Americans or 14 Latinos, but minorities, in a sense wouldn't 15 everybody be better represented under the old 16 system because there was a sort of 17 proportional representation? 18 SENATOR PADAVAN: No, I don't 19 believe so. I think the system is clearer, 20 more straightforward, serves everyone, 21 minorities and others as well, and I might add 22 there is a portion of this bill that, and I 23 would read one sentence: "The city board and 24 the board of elections of the city of New York 25 should use foreign language and ethnic 1 newspapers and television stations to maximize 2 minority participation in the electoral 3 process." 4 SENATOR PATERSON: The 5 explanations is satisfactory. 6 SENATOR KUHL: Read the last 7 section. 8 ACTING PRESIDENT MEIER: Read 9 the last section. 10 THE SECRETARY: Section 8. 11 This act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 61. 17 ACTING PRESIDENT MEIER: The 18 bill is passed. 19 Senator Kuhl. 20 SENATOR KUHL: Mr. President, 21 as I understand it, there are some 22 substitutions at the desk. May we return to 23 motions and resolutions for one - 24 ACTING PRESIDENT MEIER: We 25 have one motion. 1 Senator Libous. 2 SENATOR LIBOUS: Thank you, Mr. 3 President. On behalf of Senator Lack, I offer 4 the following amendments to Calendar Number 5 1140, Senate Print Number 588-C, and ask that 6 said bill retain its place on the Third 7 Reading Calendar. 8 ACTING PRESIDENT MEIER: 9 Amendments are received and the bill will 10 retain its place on the Third Reading 11 Calendar. 12 Senator Kuhl. 13 SENATOR KUHL: Would you 14 recognize Senator Spano, please. 15 ACTING PRESIDENT MEIER: 16 Senator Spano. 17 SENATOR SPANO: Mr. President, 18 can I please be recorded in the negative on 19 1448, please. 20 ACTING PRESIDENT MEIER: 21 Without objection, Senator Spano will be 22 recorded in the negative on Calendar Number 23 1448. 24 Senator Kuhl. 25 SENATOR KUHL: Recognize 1 Senator Leibell. 2 ACTING PRESIDENT MEIER: 3 Senator Leibell. 4 SENATOR LEIBELL: Mr. 5 President, may I also be recorded in the 6 negative on 1448. 7 ACTING PRESIDENT MEIER: 8 Without objection, Senator Leibell will be 9 recorded in the negative on 1448. 10 Senator Kuhl. 11 SENATOR KUHL: Is there any 12 other housekeeping at the desk? 13 ACTING PRESIDENT MEIER: There 14 is Senator Larkin asking to be recognized. 15 SENATOR LARKIN: Mr. President, 16 may I be recorded in the negative on Calendar 17 1448. 18 ACTING PRESIDENT MEIER: 19 Without objection, Senator Larkin will be 20 recorded in the negative on Calendar 1448. 21 SENATOR KUHL: Any other 22 housekeeping? 23 ACTING PRESIDENT MEIER: There 24 is no housekeeping at the desk. 25 SENATOR KUHL: There being no 1 further business, Mr. President, I move that 2 the Senate stand adjourned -- would you 3 recognize Senator Libous who apparently has a 4 little housekeeping. 5 ACTING PRESIDENT MEIER: 6 Senator Libous. 7 SENATOR LIBOUS: I'm a little 8 slow, but can I also request unanimous consent 9 to be recorded in the negative on 1448. 10 SENATOR KUHL: Senator 11 Maziarz. 12 ACTING PRESIDENT MEIER: 13 Senator Maziarz is even slower than Senator 14 Libous. 15 Senator Maziarz. 16 SENATOR MAZIARZ: Thank you 17 very much, Mr. President. 18 I would also like unanimous 19 consent to be recorded in the negative on 20 Calendar Number 1448. 21 ACTING PRESIDENT MEIER: 22 Without objection, Senator Maziarz will be 23 recorded in the negative on 1448. 24 Senator Nozzolio. 25 SENATOR NOZZOLIO: I'd also 1 like unanimous consent to be recorded in the 2 negative on Calendar Number 1448. 3 ACTING PRESIDENT MEIER: 4 Without objection, Senator Nozzolio will be 5 record recorded in the negative on 1448. 6 SENATOR KUHL: Senator Lack. 7 SENATOR LACK: Yes. I'd like 8 to be recorded in the negative on Calendar 9 Number 1448, please. 10 ACTING PRESIDENT MEIER: 11 Without objection, Senator Lack will be 12 recorded in the negative on Calendar 1448. 13 Senator -- can we have some 14 order so we can conclude the business, 15 please. 16 SENATOR KUHL: Now, Mr. 17 President, there being no further business - 18 ACTING PRESIDENT MEIER: 19 Senator Rath, did you wish to be recognized? 20 SENATOR RATH: Mr. Chairman, 21 I'd like to be recorded in the negative on 22 1449. 23 ACTING PRESIDENT MEIER: 24 Without objection, Senator Rath will be 25 recorded in the negative on Calendar 1448. I 1 think it's safe now. 2 SENATOR KUHL: For the third 3 and final time. Would you recognize Senator 4 Stafford. 5 SENATOR STAFFORD: Same motion. 6 ACTING PRESIDENT MEIER: 7 Senator Stafford, without objection, will be 8 recorded in the negative on Calendar 1448. 9 SENATOR KUHL: There being no 10 further business, Mr. President. Wait a 11 minute - 12 There being no further 13 business, Mr. President. 14 ACTING PRESIDENT MEIER: 15 Senator Smith, did you want to be recognized? 16 Senator Smith. 17 SENATOR SMITH: I'm already 18 down. 19 SENATOR KUHL: There being no 20 further business, Mr. President -- there being 21 no further business - 22 ACTING PRESIDENT MEIER: 23 Senator Saland. 24 SENATOR SALAND: I don't know 25 if I'll get it, but may I have unanimous 1 consent to be recorded in the negative on 2 1448. 3 SENATOR GOLD: No. 4 ACTING PRESIDENT MEIER: 5 Without objection, Senator Saland will be 6 recorded in the negative on Calendar 1448. 7 Is there any other member who 8 wishes to be recognized for any purpose? 9 Senator Kuhl. 10 SENATOR KUHL: There being no 11 further business, Mr. President, I move that 12 the Senate stand adjourned until tomorrow, 13 June 18th, the last day of session this year 14 for this scheduled session, at 10:00 a.m., 15 sharp. 16 ACTING PRESIDENT MEIER: On 17 motion, Senate stands adjourned until 18 tomorrow, June 18th, 10:00 a.m., sharp. 19 (Whereupon at 10:39 p.m., the 20 Senate adjourned) 21 22 23 24 25