Regular Session - December 17, 1993
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9 ALBANY, NEW YORK
10 December 17, 1993
11 2:28 p.m.
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14 REGULAR SESSION
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18 LT. GOVERNOR STAN LUNDINE, President
19 STEPHEN F. SLOAN, Secretary
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8993
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. Senators will please find their
4 places.
5 I'd like to ask everyone present
6 to rise and repeat the Pledge of Allegiance with
7 me.
8 (The assemblage repeated the
9 Pledge of Allegiance to the Flag.)
10 There being no visiting clergy,
11 I'd like to ask everyone present to observe a
12 moment of silence.
13 (A moment of silence was
14 observed. )
15 Secretary will read the Journal.
16 THE SECRETARY: In Senate, Thurs
17 day, December 16th. The Senate met pursuant to
18 adjournment. The Journal of Wednesday, December
19 15th, was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Hearing no
22 objection, the Journal stands approved as read.
23 Senator Onorato, I notice it's
8994
1 not in your job description but would you please
2 close that door.
3 SENATOR ONORATO: It would be my
4 pleasure.
5 THE PRESIDENT: Thank you.
6 SENATOR ONORATO: Read the last
7 section.
8 THE PRESIDENT: When it's your
9 bill, I will, I guarantee you.
10 Senator Present, do you want to
11 proceed with the -
12 SENATOR PRESENT: Can we return
13 to reports of standing committees.
14 THE PRESIDENT: Secretary -
15 Secretary will read.
16 THE SECRETARY: Senator Marino,
17 from the Committee on Rules, reports the
18 following bills directly for third reading:
19 Senate Bill Number 6222, by
20 Senator Daly, an act to amend the Business
21 Corporation Law;
22 Senate Bill Number 6223, by the
23 Committee on Rules, an act to amend the Highway
8995
1 Law;
2 Senate Bill Number 6224, by
3 Senator Lack, an act to amend the Workers'
4 Compensation Law; and
5 Senate Bill 6225, by the
6 Committee on Rules, Racing, Parimutuel Wagering
7 and Breeding Law.
8 All bills reported directly for
9 third reading.
10 THE PRESIDENT: Without
11 objection, third reading.
12 Senator Spano.
13 SENATOR SPANO: Housekeeping, Mr.
14 President.
15 THE PRESIDENT: Yes.
16 SENATOR SPANO: The -- I'd like
17 to call up my bill 2020-B, having passed both
18 houses and not delivered to the Governor.
19 THE PRESIDENT: Secretary will
20 read.
21 THE SECRETARY: By Senator Spano,
22 Senate Bill Number 2020-B, an act to amend the
23 Mental Hygiene Law, in relation to the
8996
1 reinvestment of funds into community-based
2 services.
3 SENATOR SPANO: Ask to reconsider
4 the vote by which the bill was passed and have
5 the bill restored to third reading calendar.
6 THE PRESIDENT: Call the roll on
7 reconsideration.
8 (The Secretary called the roll on
9 reconsideration. )
10 THE SECRETARY: Ayes 50.
11 SENATOR SPANO: Now move to
12 recommit to the Committee on Rules with
13 instructions to the Committee to strike out the
14 enacting clause.
15 THE PRESIDENT: So ordered.
16 SENATOR PRESENT: Senator
17 Present.
18 SENATOR PRESENT: Recognize
19 Senator Stachowski, please.
20 THE PRESIDENT: Senator
21 Stachowski.
22 SENATOR STACHOWSKI: On behalf of
23 Senator Masiello, I'd like to call up his
8997
1 privileged resolution that's at the desk.
2 THE PRESIDENT: Secretary will
3 read.
4 THE SECRETARY: Legislative
5 Resolution, by Senator Masiello, commending
6 Judson Price, leader of the Winslow Avenue Black
7 Club for his consummate courage.
8 THE PRESIDENT: On the
9 resolution, all those in favor say aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response. )
13 The ayes have it. The resolution
14 is adopted.
15 Senator Trunzo.
16 SENATOR TRUNZO: Mr. President, I
17 believe there is a privileged resolution at the
18 desk, ask that its title be read and immediate
19 adoption.
20 THE PRESIDENT: Secretary will
21 read.
22 THE SECRETARY: Legislative
23 Resolution, by Senator Trunzo, expressing
8998
1 sincerest sorrow upon the death of Kyle M. Hart,
2 Director of the District Office, 3rd New York -
3 3rd New York Senatorial District.
4 THE PRESIDENT: On the
5 resolution, all those in favor say aye.
6 (Response of "Aye.")
7 Opposed nay.
8 (There was no response.)
9 The ayes have it. The resolution
10 is adopted.
11 Senator Present.
12 SENATOR PRESENT: Senator
13 Nozzolio, please.
14 THE PRESIDENT: Senator Nozzolio.
15 SENATOR NOZZOLIO: Mr. President,
16 I have a privileged resolution at the desk, that
17 I rise with great sorrow to ask the clerk to
18 read. It recognizes the untimely death of our
19 friend and colleague, Assemblyman Frank Talomie.
20 I ask the clerk to read.
21 THE PRESIDENT: Secretary will
22 read.
23 THE SECRETARY: Legislative
8999
1 Resolution, by Senators Nozzolio, Marino and
2 Kuhl, mourning the death of Assemblyman Frank G.
3 Talomie, Sr., on December 1, 1993.
4 WHEREAS, it is the sense and duty
5 of this legislative body to mourn publicly the
6 death of an esteemed colleague whose life was
7 characterized by a selfless commitment to
8 service to the people of the United States of
9 America, New York State and western New York;
10 In deference to this duty and in
11 full accord with its long-standing traditions,
12 it is the sense of this legislative body to
13 mourn the death of our beloved friend,
14 Assemblyman Frank G. Talomie, Sr., who was taken
15 from us on December 1, 1993;
16 Frank G. Talomie, Sr. embodied
17 the epitome of public service and exemplified
18 this commitment over the battle fields of World
19 War II, in the Assembly Chamber and across the
20 129th Assembly District;
21 Frank G. Talomie began his life
22 in public service with a distinguished and
23 honorable military career which began in 1942
9000
1 when he enlisted in the United States Army Air
2 Force Cadet Program;
3 Commissioned on June 12th, 1943,
4 Frank G. Talomie served as an instructor in the
5 night fighter program, served in the Pacific
6 Theatre during World War II and fought in the
7 heralded invasion of Iwo Jima, considered by
8 many to be the most important United States
9 victory in the Pacific Theatre;
10 Frank G. Talomie embarked upon a
11 distinguished career in public service as an
12 assistant court clerk, was quickly promoted to
13 special court clerk in 1958, and was elected
14 Ontario County Clerk in 1970, serving as
15 Commissioner of Jurors since 1971;
16 He was elected to the Assembly in
17 1980 and was re-elected to six more successive
18 terms, enjoying the immense popularity among his
19 constituents and a reputation for unparalleled
20 constituent service among his colleagues;
21 Assemblyman Talomie, at the time
22 of his death, served as chairman of the Joint
23 Conference Committee, ranking minority member of
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1 the Committee on Local Government, member of the
2 Committees on Veterans Affairs and Tourism, Arts
3 and Sports Development, the New York State
4 Legislative Commission on State/Local Relations
5 and the Minority Task Force on Economic Growth;
6 In addition to his dedication and
7 devotion as a state legislator, Frank G. Talomie
8 was also active in his community in a number of
9 philanthropic and service organizations
10 including Winnel Post, American Legion; Geneva
11 Rotary Club; American Heart Association, Clifton
12 Springs Hospital and Clinic Advisory Group;
13 Moose Club, Sons of Italy and the Knights of
14 Columbus.
15 Frank G. Talomie is survived by
16 Mona, his wife of 50 years; his son, Frank G.
17 Jr.; his daughter Patricia and three grand
18 children;
19 NOW, THEREFORE, BE IT RESOLVED
20 that this legislative body pause in its
21 deliberations to mourn the death of Assemblyman
22 Frank G. Talomie, Sr., an esteemed and admired
23 colleague who demonstrated a commitment to
9002
1 public service which should serve as an example
2 to all that hold public office, and
3 BE IT FURTHER RESOLVED that
4 copies of this resolution, suitably engrossed,
5 be transmitted to his wife and children.
6 SENATOR NOZZOLIO: Mr.
7 President.
8 THE PRESIDENT: Senator
9 Nozzolio.
10 SENATOR NOZZOLIO: Thank you, Mr.
11 President.
12 On behalf of Senator Kuhl,
13 Senator Marino and myself, we would like to open
14 up sponsorship of this resolution.
15 THE PRESIDENT: I think all
16 members would probably want to sponsor this
17 resolution.
18 On the resolution, all those in
19 favor say aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (There was no response. )
23 The ayes have it. The resolution
9003
1 is adopted.
2 Senator Farley.
3 SENATOR FARLEY: Thank you, Mr.
4 President.
5 On behalf of Senator Maltese, I
6 move that the following bill be discharged from
7 its respective committee and be recommitted with
8 instructions to strike the enacting clause:
9 That's Senate Print 2042.
10 THE PRESIDENT: Without
11 objection, so ordered.
12 Senator Present.
13 SENATOR PRESENT: Can we take up
14 Calendar 1714.
15 THE PRESIDENT: Secretary will
16 read.
17 THE SECRETARY: Calendar Number
18 1714, by the Senate Committee on Rules, Senate
19 Bill Number 6223, an act to amend the Highway
20 Law, in relation to the Long Island Suburban
21 Highway Improvement Program.
22 THE PRESIDENT: There is a
23 message of necessity at the desk.
9004
1 SENATOR PRESENT: I move we
2 accept the message.
3 THE PRESIDENT: On the motion,
4 all those in favor say aye.
5 (Response of "Aye.")
6 Opposed nay.
7 (There was no response. )
8 The ayes have it. The motion is
9 accepted or adopted, and the message is
10 accepted.
11 Last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 50 -- ayes
17 49, nays three, Senators Dollinger, Hoffmann and
18 Jones recorded in the negative.
19 THE PRESIDENT: The bill is
20 passed.
21 Senator Present.
22 SENATOR PRESENT: Let's take up
23 Calendar Number 1715.
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1 THE PRESIDENT: Secretary will
2 read.
3 THE SECRETARY: Calendar Number
4 1715, by the -- by Senator Lack, Senate Bill
5 Number 6224, an act to amend the Workers'
6 Compensation Law. Senator Lack moves to
7 discharge the Committee on Rules from Assembly
8 Bill Number 8934 and substitute it for the
9 identical Senate Bill 6224.
10 THE PRESIDENT: Substitution
11 ordered.
12 SENATOR PRESENT: Mr. President,
13 I understand there's a message at the desk.
14 THE PRESIDENT: Yes, there is.
15 SENATOR PRESENT: I move that we
16 accept the message.
17 THE PRESIDENT: On the motion,
18 all those in favor say aye.
19 (Response of "Aye.")
20 Opposed nay.
21 (There was no response. )
22 The ayes have it. The motion is
23 agreed to, and the message is accepted.
9006
1 Senator Lack.
2 SENATOR LACK: Thank you, Mr.
3 President.
4 There is an old unwritten rule
5 that Senator Anderson, when he was Majority
6 Leader, told me the first year I was here and
7 that is that if a bill is passing or there are
8 no problems with it -- thanks, Joe, leave it -
9 leave it alone.
10 I apologize in advance for those
11 who have been here longer than I that that's not
12 going to happen today, and I'll have a few
13 things to say about Workers' Compensation,
14 particularly after the performance I witnessed
15 last night in our other house, in the Assembly,
16 which passed the bill 146 to nothing.
17 For some of you in this house,
18 that is a little sense of deja vu since we did
19 the same thing with virtually the same managed
20 care bill earlier this year. You're not at all
21 mistaken, and do not mistake, we did pass a
22 managed care Workers' Compensation bill
23 unanimously in this house on July 5th, before we
9007
1 adjourned.
2 One might ask, why in the middle
3 of December we are back again passing a Workers'
4 Compensation piece of legislation.
5 If you're in my age group you
6 grew up watching television and, among other
7 things you watched on television, watching
8 television, an announcement from the Soviets
9 that they had just invented television. I saw
10 that again last night, and that brings us to
11 why, Joe, unfortunately we're going to spend a
12 few minutes discussing Workers' Compensation and
13 I, unfortunately, invite all of you to become
14 part of a bully pulpit, and which I hope will be
15 many more changes that will take place in the
16 Workers' Compensation system in the years to
17 come.
18 To dispense with the mechanics of
19 the bill vis-a-vis Workers' Compensation managed
20 care, the bill 6224 that we are passing today in
21 the Senate, as to the mechanics of how managed
22 care will operate, is virtually the same as S.
23 5886-C which all of you voted for in July, so
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1 unless there are actual questions on it, I won't
2 bore you with the actual mechanics of how the
3 managed care system would function. There
4 certainly are additions to this bill.
5 One, as many of you know, there
6 have been ongoing discussions between the
7 Senate, the Assembly and the Governor's office
8 for years on the elimination of the 13 percent
9 differential, the surcharge that Workers'
10 Compensation patients pay with respect to the
11 hospital care. Any unilateral elimination of
12 that surcharge solves one problem, its impact
13 upon the Workers' Compensation system, but
14 creates another problem, the cost to the
15 hospitals for loss of -- loss of the surcharge
16 and solving one problem and not the other
17 problem solves absolutely nothing.
18 This bill reflects what hopefully
19 will be the results of a bill we'll be
20 considering later today, the NYPHRM resolution,
21 which will have a phased-out reduction of the 13
22 percent differential. This bill says, assuming
23 that that reduction happens, then the Workers'
9009
1 Compensation Rating Board, not a government
2 agency, should consider an appropriate reduction
3 in Workers' Compensation rates in the state of
4 New York as a result of the differential;
5 whatever reduction in differential is agreed to
6 in NYPHRM should be reduced in regs. That,
7 together with a piece on changes in assessments,
8 will be the immediate short-term impact for
9 reduction in rates.
10 Now, the first question that's
11 always asked is, what is that reduction going to
12 be? Again, that is not done by act of the state
13 Legislature but by action of the Workers'
14 Compensation Rating Board, and the estimates
15 range from five percent up to I've heard ten
16 percent, assuming the Workers' Compensation
17 Board meets and makes those reductions to the
18 14.4 percent increase in rates that were in
19 effect on October 1st of this year.
20 During the Assembly debate last
21 night, Assembly Majority Leader Michael Bragman
22 made more than a few comments about the purity
23 and responsibility of the Assembly in having
9010
1 discovered in July which, according to the
2 Assembly, is when the calendar begins for the
3 year, in July that there were problems in the
4 Workers' Compensation system and that they
5 immediately reacted to it, and by September they
6 were able to hold a series of hearings in
7 Albany, Rochester and Buffalo, together with a
8 roundtable -- though I think the table might
9 have been square, but a roundtable in Syracuse
10 somewhat later, and developed an Assembly
11 package of 19 bills which the Assembly then
12 considered in a one-house one-day session on
13 November 15th.
14 First comments: The legislative
15 session begins in January. The Governor's State
16 of the State message reflected a concern by the
17 Governor of rising Workers' Compensation costs
18 and the need to at least try to meet that by
19 beginning a reform in the Workers' Compensation
20 system for managed medical care. In February,
21 March, April, May and June before the Assembly
22 began its year in July, the Senate and the
23 Governor met 18 times to discuss Workers'
9011
1 Compensation and managed care. The Assembly was
2 invited to all 18 of those meetings and showed
3 up less than half the time to the meetings.
4 A bill was developed. The bill
5 5886-C that passed this house unanimously, and
6 last time I checked unanimously that was with
7 the support of all Senate Republicans and all
8 Senate Democrats, as a program bill that was
9 slugged at the request of the Governor, a
10 bipartisan approach worked out between the
11 Republican majority of this house and the
12 Democratic Governor of the state of New York, at
13 least the first in my 15 years in the Senate.
14 The second comment that I should
15 tell you here today, has the people on my staff,
16 and I will again change practice and mention my
17 own committee director, Connie Varcasia, who
18 when we went up over a hundred hours in
19 negotiating this bill, I think we stopped
20 counting, who has spent countless weeks and
21 months doing the bill, Bill Doherty, assistant
22 counsel to the Senate Majority and Greg Serio,
23 of Senate Velella's staff, who advised on the
9012
1 insurance portions of the bill, and all worked
2 very hard in bringing this to a three-way
3 fruition. But we also have Susan Whitely,
4 Assistant Counsel to the Governor, David Wright
5 who is assistant to the Secretary to the
6 Governor and Director of Public Papers. Can you
7 get a subscription to that? I don't know what
8 they are, but it sounds good. Angela Dickinson
9 -- Dickson, from the Director of Office Policy
10 and Management for the Governor, who is sitting
11 in the chamber today, and, you know, as one of
12 those who routinely criticizes the Governor when
13 it's appropriate, it certainly is time to thank
14 the Governor and his staff for their
15 participation on a bipartisan, non-partisan
16 basis to develop this piece of legislation, and
17 great credit also goes to Liz Moore who, as you
18 know, is Counsel to the Governor, but if you ask
19 her what she does if she wasn't counsel to the
20 Governor, she'd tell you she's a labor lawyer
21 and had great personal interest in working out
22 this piece of legislation.
23 The reason I don't want to go
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1 into, unless you want me to, the actual tenets
2 of this bill, is that it's not so much what the
3 bill does, it's what the bill represents that's
4 important today. For the first time in over 50
5 years, we are passing a reformation of the
6 Workers' Compensation system that is not linked
7 to benefit increases in the system.
8 For almost 50 years in this state
9 Legislature, the only way we have been permitted
10 to look at the Workers' Compensation system is
11 as an adjunct to an increase in benefits. That
12 has always meant that 98 percent of the time is
13 spent on what should the benefits rise to and
14 two percent of the time is devoted towards
15 reforming the system, and the word "reform" in
16 Workers' Compensation was considered in -- at
17 least up until today, a pejorative and somehow
18 harming workers by trying to change the Workers'
19 Compensation system.
20 We are changing that today. This
21 is not about benefits. This is about providing
22 a more efficient way for workers to get through
23 the Workers' Compensation system if they're
9014
1 injured and return to work.
2 If this serves as a precedent, it
3 should lead us down the path of looking at
4 further reforms. Those who have wanted to
5 maintain the status quo, thousands of people in
6 this state whose living depends on the Workers'
7 Compensation system not changing have opposed
8 this bill. Some of those people are in law
9 firms, some of those people are in medical
10 practices. Some of those people are employees
11 of the Workers' Compensation Board, all of whom
12 know that if there are reformations in the
13 Workers' Compensation system which make the
14 system more efficient, more responsible to those
15 who actually need the system, they will receive
16 less out of it themselves in terms of payment,
17 and they don't want that to change. We begin
18 those changes today.
19 Last night, in response to a
20 question, Assemblyman Bragman challenged
21 Assemblyman George Winner to explain to him,
22 Majority Leader Bragman, how, if there is a
23 change in what's called Dole v. Dow, which I
9015
1 don't think I have to explain on this floor, how
2 that could save the people of the state of New
3 York money.
4 Dole v. Dow, a 1972 Court of
5 Appeals decision, today costs as an insurable
6 risk between 167 million and 350 million to the
7 people of the state of New York without any
8 benefit whatsoever. Assemblyman Bragman has
9 refused to allow the Assembly to consider the
10 implications of Dole v. Dow on the Workers'
11 Compensation system and what could happen if it
12 was eliminated in terms of a reduction of cost.
13 Not too long ago, I was in
14 Syracuse and went to the Syracuse newspapers -
15 Gus Bliven, who was here, was at the editorial
16 board meeting that I went to, and he remarked
17 then that he was sorry that Assemblyman Bragman
18 wasn't there in person so that we could thrash
19 out the differences between the Senate and the
20 Assembly, particularly on issues like Dole v.
21 Dow.
22 Of course, I couldn't speak last
23 night on the Assembly floor, and Assemblyman
9016
1 Bragman, if he were here this afternoon, can't
2 speak on the Senate floor. So if Peter Lyman of
3 the Syracuse papers would want to extend the
4 invitation for Assemblyman Bragman and I in his
5 home town to show up at the same place at the
6 same time to thrash out the differences between
7 the Senate and the Assembly on issues like Dole
8 v. Dow and further reform of the Workers'
9 Compensation system, I would be happy to respond
10 positively to that information and, as a matter
11 of fact, if Mr. Bragman would like, we can go
12 all over the state and visit as many editorial
13 boards as he'd like and we can discuss the
14 differences between the two houses on more
15 reform issues in Workers' Compensation and who
16 can do what.
17 Every newspaper I have seen from
18 Buffalo to Rochester to Syracuse to Utica to
19 Albany, to the New York Daily News, to NEWSDAY
20 on Long Island who has taken a look at what the
21 Senate has outlined in Workers' Compensation and
22 the managed care package and what the Assembly
23 finally came around and outlined, has opted for
9017
1 the Senate package.
2 As late as December 6th, the
3 Albany Times-Union, in an editorial said, Pass
4 Workers' Comp. Reform. The Albany Times-Union
5 always states an issue and then their opinion
6 right up at the top, and they said, "The
7 Assembly claims the Senate is driving up
8 insurance costs by delaying action on needed
9 legislation. Our opinion: The criticism is
10 misguided. Lawmakers should adopt the Senate
11 bill."
12 That has been repeated in paper
13 after paper the length and breadth of this
14 state.
15 There are in the years to come,
16 with the precedent setting of the passage of
17 this bill today, many immediate issues that we
18 can continue to do to reform the Workers'
19 Compensation system. I know the second floor is
20 willing to discuss all of them. The Senate is
21 willing to discuss all of them. The challenge
22 as to the Assembly in this state to join us in
23 that and to begin with, I throw a further chal
9018
1 lenge out to the Senate -- to the Assembly.
2 Forty-two states in the United
3 States index benefits for Workers' Comp. They
4 automatically increase according to a central
5 index. New York is one of the eight states that
6 do not, and the reason we have not is because
7 the only time we can talk about the Workers'
8 Compensation system is when we handle benefits.
9 But with the passage of this historic
10 legislation, that's now changed, and the Senate
11 will immediately throw out to the Assembly an
12 exchange:
13 New York can, in January 1994,
14 become the 43rd state to index benefits if the
15 Assembly will join us in repealing Dole v. Dow
16 and reducing Workers' Compensation rates another
17 6 percent in January as well, and if the
18 Assembly doesn't want to do that, I'll be glad
19 to join Mr. Bragman once again at all editorial
20 boards or any place else and we can discuss the
21 differences between the houses and why the
22 Assembly wouldn't want to do that for our own
23 sake as well as the sake of all working men and
9019
1 women in the state of New York.
2 This bill has been a long time
3 coming. It certainly has been a difficult
4 negotiation. It's here; I'm very happy and
5 pleased that the Assembly passed it unanimously
6 following what we did earlier this year. I'm
7 also pleased at the response from both sides of
8 the aisle after we left session in this house,
9 from many of you who have maintained an interest
10 in the problems in the Workers' Compensation
11 system and your desire to continue to explore
12 changes in that system so that New York joins
13 the ranks of those states who have progressively
14 made their Workers' Compensation system more
15 efficient and better for workers throughout
16 their state.
17 Thank you.
18 THE PRESIDENT: Last section.
19 Oh, I'm sorry. Senator Dollinger.
20 SENATOR DOLLINGER: Thank you,
21 Mr. President.
22 I rise today, I guess, in an
23 unusual position. I hear the chairman of the
9020
1 Labor Committee saying good things about the
2 second floor. I sometimes wonder whether, as we
3 approach Christmas, our attitudes change, but I
4 do have to -- I'm someone who's raised a finger
5 at the other side of the aisle and been critical
6 of things that have happened.
7 This day I rise, I think, in a
8 sense of obligation to point a finger of praise.
9 I believe that this bill is a good bill. I
10 believe it's one that does great things for the
11 compensation system, establishes a system that
12 will be more responsive to the developing
13 concepts of medical care for those who are
14 injured on the job.
15 I want to commend the Senate
16 Labor Committee and its chairman for the fine
17 work in this bill and also add the thanks of my
18 community. I'm one of those from a strong
19 manufacturing community that has a large number
20 of employers who are interested in the types of
21 changes that are incorporated in this bill, and
22 Senator Lack has listened not only to the
23 general voice of business in Rochester but
9021
1 specifically to Eastman Kodak Company, my
2 largest employer, and I greatly appreciate it.
3 I would be remiss, however, in
4 not passing one other finger of praise across
5 the aisle. I didn't get a chance to speak on
6 the community reinvestment bill yesterday, but I
7 would extend the same credit to Senator Spano
8 for his work in that. That's a landmark piece
9 of legislation. I'm proud that we're doing a
10 second landmark piece today.
11 I do have one caution, however,
12 to throw into this bill, and I'm pleased to see
13 that the 18-month study by the Cornell
14 Industrial Labor Relations School is in this
15 bill, because I predict, at least in my
16 community, there will be a tidal wave of
17 movement to managed care in Workers' Comp.
18 I am concerned about the
19 limitations. I've talked to the chairman; I
20 understand that they're sizeable enough to
21 accommodate a large number of employers, but the
22 bill addresses regional concerns and then sets
23 up a series of employer varieties that will be
9022
1 considered in coming into the managed care
2 system.
3 It's at least my prediction that
4 in my community there will be a rush to managed
5 care. There will be large numbers of employers,
6 and my other concern is the method of applying
7 for the managed care system. It seems to me
8 many of the small employers that I represent
9 have all their Workers' Compensation care
10 handled through their insurance carrier. They
11 simply pay a bill, the agent shows up once every
12 couple years to take a check to tell him what
13 his coverage is and many of the small employers
14 may not have the facility to apply to get into
15 managed care which could be, under certain
16 circumstances depending on how many people
17 apply, could be a complicated process for a
18 small employer.
19 I know that the bill makes a
20 provision for employer associations, and I think
21 that that's a good step in the right direction,
22 but I think there's also the possibility that
23 small employers will look at the administrative
9023
1 cost of having someone on their staff go out and
2 figure out how to apply and put the paperwork
3 together and make all of the other arrangements
4 that may deter small employers from joining this
5 system.
6 If the managed care system works,
7 the great benefit of it should be to smaller
8 employers which could find a significant
9 reduction in their compensation costs. So it's
10 my hope that, with that caution, the Industrial
11 Labor Relations School at Cornell will study
12 that particular aspect, the issue of small
13 business participation as well as regional
14 participation in the managed care system, to see
15 whether this bold venture that we're, I think,
16 properly putting before the people of this state
17 today, to see whether the promise of that
18 venture actually comes to pass for employers who
19 desperately need it.
20 But I think this is a good bill.
21 I think it's an important step. I again
22 reiterate my commendation to the Labor Committee
23 and its chairman for its fine work.
9024
1 THE PRESIDENT: Senator
2 Stachowski.
3 SENATOR STACHOWSKI: I'd just
4 like to rise as the ranking member of the Labor
5 Committee and commend Senator Lack for his fine
6 work in representing the Senate in negotiations
7 and getting this bill to the point where it is
8 today, a conclusion that everyone seems to be
9 happy with.
10 I'd also, not to be contrary to
11 him, but I'd also like to commend the Assembly
12 on having their hearings and their roundtables
13 and inviting all the interested parties that
14 wanted to testify in each location, afford them
15 the opportunity to testify because I think it
16 served the purpose in relieving a lot of the
17 concerns and bringing out the concerns of the
18 various interested parties with any kind of bill
19 that would make changes in Workmen's
20 Compensation and those concerns are legitimate
21 ones.
22 People are concerned that they
23 might be returning to an old system of a company
9025
1 doctor, not that they are, but they had concerns
2 that they might be and, if it took time, it took
3 meetings to clarify that and make them
4 comfortable with that, then I commend them for
5 taking that time and having those meetings and
6 making people more comfortable with the change
7 that was going to take place in very serious
8 part of their daily lives, what happens to them
9 if they get hurt on the job, and what kind of
10 treatment they'll get afterwards, and I think
11 that's a legitimate concern, and I'm glad that
12 the Assembly took the time to do that, and I'm
13 also commending Senator Lack for taking the time
14 during his off-session time to travel the state
15 and meet with all the editorial boards and give
16 his opinion on what was important to be done in
17 Workmen's Compensation and what the Senate's
18 position was, so that they knew both sides while
19 the Assembly was holding their meetings, Senator
20 Lack was visiting the editorial boards, and I
21 commend him for taking the time in doing that.
22 I'd also like to commend Senator
23 Lack, not only as the chairman of Labor, but as
9026
1 an attorney because, you know, attorneys don't
2 always like to do pro bono work. But Senator
3 Lack, in a busy negotiating time and after all
4 of that was done, he took the time to serve as
5 pro bono counsel to Assemblyman Winner during
6 the debate, to help him with his answers when
7 Senator -- Assemblyman Bragman was asking him
8 those very difficult questions on Dole v. Dow
9 that he apparently didn't have the wherewithal
10 to answer. His counsel wasn't as familiar as
11 Senator Lack was, so he left his group, went to
12 his side and served as pro bono counsel, and I
13 hope he doesn't submit a bill. That will make
14 me feel bad that I gave him all this credit for
15 doing it pro bono, and I'm sure that both of
16 them will be more than happy and have more than
17 enough energy to travel around the state
18 debating all those various issues because they
19 both seem to like to do those kind of things.
20 I also would like to commend all
21 of the interested parties, both the business
22 people and the union people that have voiced
23 their concerns and went along with the
9027
1 negotiations and stayed on top of this and
2 always made their concerns known, and also the
3 Governor's people, for bringing this to where it
4 is, and we as the Minority are very happy to
5 have the opportunity to finally get to vote for
6 a bill that's agreed upon by everybody and that
7 will serve as a way to help correct some of the
8 problems with Workmen's Comp., hopefully bring
9 down the costs in Workmen's Compensation and
10 make our system much better to deal with.
11 I'd also like, and I would have
12 been wrong if I didn't mention that I'm glad
13 that finally some of the commission's
14 recommendations are also included, because a lot
15 of people took a lot of time serving on that
16 Commission on Workmen's Compensation and came up
17 with some pretty good pieces that will help with
18 some structural changes that, in the long run,
19 will make it a better system, and after having
20 mentioned all these things, I'm glad that I'll
21 have a chance to vote yes on a bill that I hope,
22 after we pass it, everybody doesn't start
23 yelling at me again like last time that nobody
9028
1 was opposed at the point of passage.
2 I don't want to see you after the
3 fact again and everybody yelling at us, how dare
4 you pass this bill unanimously, so I hope that
5 this bill is unanimously passed, and I commend
6 all the parties that took the time to do all
7 that work on it.
8 THE PRESIDENT: Last section.
9 THE SECRETARY: Section 21. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 56.
14 THE PRESIDENT: The bill is
15 passed.
16 SENATOR PRESENT: Mr. President,
17 I ask that we stand at ease for a while.
18 THE PRESIDENT: The Senate will
19 stand at ease.
20 (Whereupon at 3:07 p.m., the
21 Senate stood at ease until 3:16 p.m.)
22 THE PRESIDENT: The Senate will
23 resume its business.
9029
1 SENATOR PRESENT: Mr. President,
2 would you recognize Senator Ohrenstein, please.
3 THE PRESIDENT: Senator
4 Ohrenstein. And there will be order in the
5 chamber.
6 SENATOR OHRENSTEIN: Mr.
7 President, I rise on the order of personal
8 privilege here.
9 Hopefully, in another hour or two
10 we'll be gone here and, hopefully, we'll be gone
11 for the rest of the year, and the next time we
12 see each other it will be after we've enjoyed
13 the Holidays and we're ready and energized for a
14 new year, so I wanted to deliver myself of one
15 delightful chore before we leave here, and that
16 is to say goodbye to one of our colleagues.
17 I know we are -- we have a number
18 of missing members today, unfortunately.
19 They're not here and they're gone. I'm talking
20 about Chris Mega, and Senator Halperin, all of
21 whom fled from this chamber, so that we didn't
22 have, in certain instances, the opportunity to
23 say goodbye to them.
9030
1 This particular -- in this
2 particular instance, we do, and I'm talking
3 about our good friend, Tony Masiello. We now
4 have a mayor in our midst, a real mayor, the
5 mayor of Buffalo, and, needless to say, all of
6 us on this side of the aisle are extremely proud
7 of Tony. He has had a terrific year. He got
8 married; he has a new baby, and he got elected
9 mayor of Buffalo. I don't know, the fortunes -
10 God's fortunes are shining upon you, Tony. You
11 better wait for the zinger. No, it won't come
12 because you're too good a person.
13 Anyhow I thought I would like to
14 start off in wishing Tony Godspeed and
15 farewell. Tony Masiello has been an
16 extraordinary member of our Conference, and an
17 extraordinary friend to me personally. Tony is
18 the Assistant Minority Leader here on our side
19 and is also the chairman of our campaign
20 committee, and in those -- in both of those
21 capacities, he has made an enormous contribution
22 for all of us personally here on the Democratic
23 side. And for me personally, and he's made a
9031
1 contrib... a great contribution to the New York
2 State Senate.
3 He is a great -- to begin with, a
4 great legislator. He cares about the people he
5 represents. He's bright and intelligent and
6 innovative. He understands the issues that are
7 before us. He has deep feelings about them. He
8 knows how to express them and he worked damned
9 hard to make certain that the people of Buffalo
10 and the people of Erie County were properly
11 represented and got their share of the financial
12 help and of the substantive help that they were
13 entitled to.
14 His legislative record is long
15 and distinguished. He's had his stamp on many,
16 many innovative programs that we have created
17 here for the cities of this state and
18 particularly for northwestern New York. I think
19 we're going to be hearing from Tony as the years
20 go by because he will undoubtedly amass as
21 distinguished a record as -- as mayor as he has
22 as legislator.
23 The city of Buffalo, like all
9032
1 other cities in this state, needs a lot of
2 help. It needs leadership, and it needs a lot
3 of work, and I don't know of anybody who could
4 do -- who has the capacity and the qualities and
5 the talents to do that more than Tony Masiello.
6 So the city of Buffalo is very, very fortunate
7 and, to use the old adage, their gain is our -
8 our loss.
9 As far as the Democratic
10 Conference is concerned, as I said, Tony has
11 been one of our leaders, and he has been an
12 extraordinary leader. As campaign chairman, he
13 has led our effort for the past six years. I
14 know that that may not be the greatest music to
15 the ears of those of you on the other side of
16 the aisle, but you have to concede one thing:
17 You've known you've been in a fight when Tony
18 was at the helm and we've had some good fights
19 and, after all, what are we in this for as
20 politicians to at least go to battle every two
21 years and fight for the things that we stand
22 for, for our principles and for ourselves and
23 for the privilege of leading the New York State
9033
1 Senate, and Tony has been at the forefront, has
2 helped us organize, has helped us in a thousand
3 different ways and, of course, has been of
4 untold assistance to me.
5 He -- Tony also is the chairman
6 of the Democratic Senate Operations Committee
7 and, in that capacity, he has discharged a very
8 unique function. I don't know how you make -
9 do committee assignments on the Republican
10 Conference. We do it through the committee that
11 Tony heads. We have some standards and rules
12 and traditions in terms of how we promote
13 people, where we assign people, but we also have
14 a desire to make certain that every member of
15 the Democratic side has a committee list which
16 they're interested in, which is helpful to their
17 district and Tony has been the -- the master
18 negotiator in trying to keep 26 people happy,
19 and I have to tell you, he has succeeded by and
20 large because I hear very, very few complaints
21 on that -- on that score, and so, for years,
22 Tony has succeed -- has done that function every
23 two years and has spent probably two months at
9034
1 that very, very arduous function.
2 For me personally, Tony will be a
3 great loss. We've been -- we are probably 20
4 years apart in -- in age, but we have been and
5 are very, very good personal friends, and I'm
6 going to miss him. I'm going to miss his
7 friendship. During several years, a couple
8 years ago, when I was having my own problems
9 Tony was constantly at my side, constantly there
10 to help and to do whatever had to be done in
11 order to enable me to continue my function here
12 and to fight whatever battles I had to fight and
13 ultimately to prevail. So I thank him for
14 that.
15 I'm glad he was here, and I know
16 we're going to remain friends forever, and I -
17 I hope I will never need him again, at least in
18 that capacity, but he's certainly proved his
19 friendship to me.
20 I'm glad that his wife, Kathleen,
21 has just entered the chamber, one of the
22 beautiful women that -- who graced the staff of
23 the Senate, the Minority Senate Finance
9035
1 Committee, and Kate was an extraordinary staff
2 member, very able, and made an enormous
3 contribution on her own, and we thank her and
4 I'm sorry that Tony stole her from us, but
5 again, his gain -- his gain is our loss and, of
6 course, she's sitting there with the most recent
7 addition to the Masiello family, this beautiful
8 little young lady, who has been the first
9 product of this particular union.
10 So to Tony and to Kate, thanks
11 for everything. Thanks for your friendship, and
12 thanks for all of the years, Tony, and good luck
13 to the three of you and good luck to the city of
14 Buffalo.
15 THE PRESIDENT: Senator
16 Stachowski.
17 SENATOR STACHOWSKI: Well, I'm
18 going to try not to do any zingers, because you
19 said I can't do that, but Tony and I go back a
20 long way. I can remember when my high school
21 played his high school. I was a lot younger and
22 I was there, and his high school played a great
23 game mostly because Tony Masiello carried them
9036
1 all the way to double overtime. Unfortunately,
2 we won.
3 Then I remember Tony when I was
4 in high school still, and he was a great
5 basketball player at Canisius College. I used
6 to go with the rest of the kids to watch
7 Canisius play, and he was one of our idols and
8 he was a great basketball player at Canisius,
9 very tenacious, obviously not that tall for his
10 position. If you have played basketball with
11 him, you know he's a great shooter, doesn't jump
12 very well, but a very good basketball player.
13 Then he went to the Common
14 Council, and Tony Masiello rose quickly in the
15 Common Council, became Majority Leader and then
16 he had a few taxes that we'd like to forget and
17 most of us did, except that my father and his
18 father only remember the one tax, and I won't
19 mention it here because it's not part of this.
20 Then Tony went on to the Senate
21 and a lot of people said, Well, Tony, you
22 shouldn't run, but he did anyway, and he came to
23 the Senate and he's a great Senator, and then
9037
1 somehow unbeknownst to me, I wind up here in the
2 Senate and some place I didn't expect to end up,
3 and I was fortunate enough to, when I got here,
4 to end up Tony Masiello's roommate. And all the
5 jokes aside about everything else, everybody
6 goes through certain problems in their lives,
7 and they hope they have a good friend when they
8 hit 'em and, fortunately, I was very blessed
9 because I had a good friend, Tony Masiello, and
10 for that I'll always thank you, Tony.
11 But as far as him becoming an
12 assigner of committees, I have had the lousiest
13 committee assignments. I've got more committees
14 than anybody on this side. He told Fred to put
15 me on the ethics commission, and he won't let me
16 off. Everyone else is gone that was originally
17 on the ethics commission. I have to still be on
18 it.
19 Since he became head of the
20 campaign committee, I've never gotten any help
21 from him. It's all on my own. But other than
22 that, he's been, like I said, my closest friend
23 here. I'm going to miss him. I think he's going
9038
1 to be a great mayor. I'm tickled that he won
2 for mayor. I know it's something that a lot of
3 us could never figure out, people would come up
4 to me and I told them then, I said I couldn't
5 answer it because they'd say, you know, Tony is
6 a really good Senator, and that's a real nice
7 job. Why does he want to be mayor? And I
8 couldn't answer it except with this, I'd say
9 because it's something he always wanted to do.
10 It's something he believed in, and it's
11 something that, by doing, he feels he can make a
12 difference in our community, and I believe that
13 also, and I believe Tony will be a great mayor.
14 I'm going to miss Tony Masiello
15 as I'm sure I won't, I'll see plenty of him
16 because as mayor, knowing how the cities
17 operate, he'll be here a lot asking for our
18 help, asking for legislation, but most
19 importantly, asking for money.
20 I have to share with you one
21 story because one of the other things I'm going
22 to miss is when we first came down we used to
23 drive home at the end of the session all the
9039
1 time and take a lot of stuff back and all the
2 way home for the first hour or so Tony would
3 regale me with all the different ways he's going
4 to be working out in a couple of weeks. He's
5 going to be in this new program, lifting
6 weights, running every day because he -- he
7 lives not far from Delaware Park where everybody
8 runs, and there's all these health-conscious
9 people, and he was going to do this every year
10 and I'll miss those conversations, and it
11 finally culminated with a phone call one year.
12 He said, you know, "I was looking in the
13 shopper, the swap sheets, and there's a Soloflex
14 available. What do you think? Give me your
15 honest opinion," and I said, "Tony," you know,
16 "you know how you get into things real hard
17 when you first get into them," I said. "For two
18 months, you'll get magnificent workouts because
19 it's a great machine for what you're looking
20 for. You'll get toned up; it's fast; it's clean
21 and then in two months you can buy plants for
22 that wooden base and you can hang your cleaning
23 on it when you come back from the cleaners. I
9040
1 don't think you should buy it." And Tony gave
2 me his honest opinion of my opinion and we both
3 laughed, and he saved the money and used it for
4 something that he could use better.
5 I'll miss those conversations.
6 I'll miss his rent check. I'll obviously miss
7 his friendship, but I'm glad that, because we
8 became roommates here in Albany, and the
9 Senate's a wonderful experience, but I'm most
10 fortunate in coming here that I got to be such a
11 close friend of Tony Masiello.
12 THE PRESIDENT: Senator Rath.
13 SENATOR RATH: Mr. President, I
14 rise also to add my congratulations that Senator
15 Masiello is going to be Mayor Masiello, for a
16 few years of wonderful service in the state
17 Senate, Kate and baby Masiello, is tucked in his
18 father's arms. Somehow Tony Masiello is an
19 institution in the city of Buffalo and indeed
20 the county of Erie, a public servant of great
21 stature in many ways, great stature.
22 Everyone came to know him first,
23 as Senator Stachowski indicated, as a basketball
9041
1 star and somehow we never thought Tony Masiello
2 would ever grow up. He would always be the
3 young bon vivant and that may have been changed
4 a little bit, I'm not really sure, Tony, but I
5 think you're trying at any rate.
6 We're very proud of you in the
7 city of Buffalo, and you have certainly taken
8 your stardom from Canisius right into the public
9 life that you have been so involved with for so
10 many years, with your deep concern for the city
11 of Buffalo and truly during your campaign and
12 the ad's that were coming through and the
13 language, I thought this man, although I don't
14 know him well, he truly is a son of the city of
15 Buffalo, and to be a son of the city of Buffalo
16 I guess that puts you in the same league with
17 the county of Erie, and having just come from
18 the county of Erie -- I am here now -- you will
19 be back there after the first of the year, and I
20 -- and I know that you've had a reputation not
21 only for hard work, but sincere efforts at
22 cooperation and, as Senator Stachowski said, you
23 will be back and forth often as we know mayors
9042
1 of the city of Buffalo and executives from the
2 county of Erie come back and forth. We will be
3 here; you will find us.
4 And so good luck, Tony, and
5 Godspeed and may all of your new years be as
6 happy as I'm sure 1994 will be.
7 THE PRESIDENT: Senator Volker.
8 SENATOR VOLKER: Mr. President,
9 it's always difficult, for me, I guess who likes
10 to think so highly of this institution to see
11 someone who has been a close personal friend for
12 years go.
13 I have said it on a number of
14 occasions and, of course, I have to be a little
15 careful, because being a somewhat prominent
16 Republican, sometimes I'm accused of being a
17 little too bipartisan. In all candor, I happen
18 to believe that Tony Masiello is certainly the
19 right person for the city of Buffalo at this
20 time, but in one way I feel sorry for him
21 because for those of you that don't know,
22 there's been a virtual love-in going on in the
23 city of Buffalo for the first time in my memory
9043
1 of the press on a public official who is still
2 alive, because we have said in Buffalo that,
3 generally speaking, the only time that the
4 Buffalo news and many of the local press people
5 say anything nice about anybody is after they
6 die. But Tony has certainly been getting a good
7 deal of good press.
8 I think a good part of it is his
9 own personality, and I think the fact that there
10 is a lot of hope for the future, as well there
11 should be, but it is a very difficult job. Any
12 city in this state, in this day and age, in fact
13 my contention, anyone in public office today,
14 given the nature of the animosity that all of us
15 must face for a public that I think has been
16 turned by, I think many things that maybe aren't
17 even true, but that's beside the point, make it
18 extremely difficult to be in public office and
19 it takes an immense amount of courage to run for
20 an executive office, I believe today such as the
21 mayor of the city of Buffalo.
22 I've known Tony for many, many
23 years. We've worked together extremely well.
9044
1 In fact, during the campaign, there was a lot of
2 references to the fact that Tony Masiello seemed
3 to be able to get things done even though he was
4 a minority party member and some of the press
5 people in Buffalo who had just taken to the
6 usual partisan kind of thing were informed by
7 some people that the western New York
8 delegation, without question has, I think as one
9 of the delegation that works together very hard,
10 Republicans and Democrats, as I think many of
11 you know, we meet together on a regular basis
12 and attempt to do things for our area as best we
13 can and, of course, Tony, in a very rather
14 ticklish position being the reapportionment guy,
15 sometimes it somewhat strained the
16 relationships, but I think it's a tribute to
17 Tony that he was able to get through it in the
18 manner in which the delegation not only stayed
19 together, but I think the friendships that were
20 made in this house and I think in this Capitol
21 remained under sometimes obviously somewhat
22 difficult conditions.
23 My first connection with Tony
9045
1 Masiello is something that most people, I don't
2 think, are aware of. I said it occasionally,
3 that in my younger days -- and I'm a little
4 older than Tony -- that's why this happened. I
5 was connected with Canisius basketball in a much
6 lesser position than Tony was, and I was sent by
7 the coach and general manager to scout the
8 Catholic league play-offs, and the reason I went
9 was that I was supposed to scout Cardinal
10 Doherty, and a senior on this team who was
11 averaging, oh, I don't know, about 40 points a
12 game. And so I went, and my report when I came
13 back was, Well, this fellow scored like 52
14 points, took about 45 shots and made about 25 of
15 them, and I said, Well, he's O.K., but, I said,
16 I must tell you something. In the report, I
17 said there's a sophomore at Cardinal Doherty
18 named Tony Masiello. He's young, he's awkward,
19 but he's going to be a great one. If I were you,
20 telling the coach at the time, if I were you,
21 this is the guy I would keep my eye on, because
22 some day he could be a great one for Canisius,
23 one of the few times in my life that my
9046
1 prophecies were to come true, and a few years
2 later Tony Masiello was to become one of the top
3 basketball players that Canisius College ever
4 had.
5 I also wanted to tell one other
6 little story that my roommate, Ken LaValle, and
7 I probably shouldn't tell about, Mrs. Masiello.
8 A couple of years ago, Kate McHugh was running
9 for the City Council of Albany. It just
10 happened that Senator LaValle and I have an
11 apartment that was within the City Council
12 district. Somehow a sign, and a picture of Kate
13 McHugh ended up in our window, and although Kate
14 was unsuccessful, we did the best we could to be
15 helpful, although we were not able to vote or
16 whatever, but I just want to tell you that
17 story.
18 But at any rate, I can only say
19 to you, Tony, it -- and I've said it to you
20 before, that I certainly wish you the best of
21 luck, the old good news/bad news. The good news
22 is that you have acquired what you wanted to do
23 and I know that, as Billy said, both of us just
9047
1 kind of scratched our heads because we know very
2 well it's something that you've always wanted to
3 do, and I think you're very much suited for it.
4 I really do.
5 We will certainly miss you here.
6 You have really been a tower of strength here.
7 My own very best wishes in behalf of Carol to
8 you, my wife Carol, also to you and to Kate and,
9 of course, the baby who doesn't know what she's
10 getting into, but as somebody who's had three
11 kids that have gone through the political life,
12 I can tell you that mine, I think, have done all
13 right. In fact, my first-born was born the year
14 after I was elected and he seems to have turned
15 out pretty well. He's a senior at Canisius
16 College and doing pretty well, following in the
17 footsteps of myself and, of course, your college
18 also.
19 I wish you again the best, and
20 Godspeed and we will try to see if we can help
21 the city of Buffalo in the best way possible
22 during the coming years, and with Senator
23 Stachowski here, I'm sure everything will work
9048
1 out fine.
2 Thank you.
3 THE PRESIDENT: Senator Daly.
4 SENATOR DALY: Thank you, Mr.
5 President.
6 Tony, after listening to Bill
7 Stachowski tell us how badly you treat him as a
8 friend, it just proves one thing to me,
9 Stachowski will do anything to say he has a
10 friend.
11 And I note also that in the last
12 reapportionment, they gave you one-third of my
13 district, and you lasted one year. I don't know
14 what that says about me or says about you, but I
15 know one thing, you're leaving the Erie County
16 delegation. They've kicked me out of the Erie
17 County delegation. Tony, I think you and I will
18 agree that the Erie County delegation has
19 trouble right now.
20 But seriously, an afternoon such
21 as this when we say goodbye to a colleague, is
22 all too often bittersweet. While we are happy
23 and rejoice in his achievements and his new
9049
1 challenge, we certainly are saddened by the
2 thought that he won't be with us any more to go
3 through the doldrums and the excitement and
4 everything else that encompasses this chamber.
5 Everybody has said, and let me
6 just repeat what a valued member of the western
7 New York delegation you have been, Tony, been
8 friendly, cooperative, and a man I know I
9 enjoyed, and I know the rest of the delegation
10 enjoyed working with. You and I have had some
11 fun on the floor debating some bills and some
12 issues, but it never came off the floor. Our
13 differences have never resulted in any personal
14 differences. Just goes to prove putting up with
15 me what a big man you really are, and, in fact,
16 I would like to say that our relationship has
17 improved over the years as I've gotten to know
18 you better, and you've gotten to accept me
19 better.
20 But, Tony, certainly I join your
21 colleagues from western New York and your
22 colleagues from throughout New York State in
23 wishing you and Kate a great future. I'm sure
9050
1 and I know what the city of Buffalo means to
2 you. I know how much you love it, and that deep
3 and intense feeling which you have, I'm sure,
4 will be translated into great things for the
5 city of Buffalo.
6 I also know that we will see you
7 return to Albany at least once a year, perhaps
8 twice with an empty suitcase, hoping to go back
9 with a full one. We'll be very happy to listen
10 to you, Tony. I don't know what the result will
11 be, but God bless you and the best of luck.
12 THE PRESIDENT: Senator
13 Paterson.
14 SENATOR PATERSON: Thank you, Mr.
15 President.
16 When I first came to this
17 chamber, I sat next to Senator Masiello for
18 about a day and then he had my seat moved away
19 and I've never really held it against him.
20 I remember sadly the first time
21 that I ever heard Senator Masiello speak was in
22 tribute to my predecessor, Senator Leon Bogues,
23 and for some reason I can still remember
9051
1 everything he said. A couple of weeks later, he
2 spoke on the issue of the divestiture in South
3 Africa, and especially on the inability to have
4 the issue and the legislation sponsored by
5 Senator Montgomery discussed on the floor. He
6 talked about the need for participation as being
7 far more important than whether or not we agree
8 or we disagree. And so that was a prelude to a
9 number of years in which Senator Masiello
10 introduced amendments on issues such as aid to
11 dependent families and day care and certain
12 labor issues, and discussed them and debated
13 them particularly well.
14 I, too, remember some of his
15 debates with Senator Daly. I thought they were
16 both excellent. Of course, I had the luxury of
17 agreeing with Senator Masiello a little more
18 often, and think that he will be a tremendous,
19 tremendous mayor of Buffalo.
20 I find him to be a great personal
21 friend. He, of course, distinguished himself
22 long before he came to this chamber, as a
23 basketball player at Canisius. He had an
9052
1 excellent style, of course. Anyone that's ever
2 seen him play knows that he's not fleet of foot,
3 and was pretty much known by his adversaries as
4 performing poetry in place.
5 And so -- but again he is -- has
6 been an outstanding member of this chamber, and
7 I really never thought you would leave Tony
8 because there were a couple of times there were
9 disputes among members about committee
10 assignments, and I deferred to some of my
11 colleagues, Tony, because I thought you'd
12 remember. I guess he'll remember it, but you'll
13 be in no position to help me at this point, but
14 we'll miss you just the same.
15 So to you and Katherine and
16 Ariel, good luck in your endeavors. It will be
17 good news for Buffalo, but we will be focusing
18 on the fact that it won't be good news for us.
19 And so, Tony, I really wish you weren't leaving.
20 I wish Senator Stachowski was leaving.
21 THE PRESIDENT: Senator Smith.
22 SENATOR SMITH: Thank you, Mr.
23 President.
9053
1 I know I should never follow
2 Senator Paterson because he also uses my line,
3 but I still love you.
4 Some five years ago I came here a
5 little frightened, a little green, having never
6 served in a legislative body, and I found a next
7 door neighbor, Tony Masiello. Tony sort of
8 guided me and taught me the ropes and even at
9 times he's kept me there saying some of the
10 things that I should not have said. Tony has
11 always been there when I needed to talk to
12 someone, when I needed to get some advice.
13 Tony, this is my opportunity to
14 thank you. I will miss you very greatly; you
15 deserve all of the best, and I know that you
16 will give your best to Buffalo. You're blessed
17 with a beautiful wife and a lovely child and may
18 your love continued. God bless you and your
19 family.
20 THE PRESIDENT: Senator LaValle.
21 SENATOR LAVALLE: Thank you, Mr.
22 President.
23 I, as chairman of the Higher
9054
1 Education Committee, very, very fortunate with
2 the members on my committee who participate to
3 the fullest. This year, however, I not only
4 lost Senator Sheffer, who was a wonderful par
5 ticipant of the committee, but now I am losing
6 Senator Masiello who has been enthusiastic and a
7 wonderful member of the committee. He has
8 supported many initiatives, and one that was
9 very near and dear to my heart and was
10 controversial at the time, but Tony didn't
11 shrink from the challenge, and that was the
12 Truth in Testing issue, and many other issues
13 that, if it was right he was there regardless of
14 of the adversary, the time. He was a very, very
15 strong supporter to make sure that the higher
16 educational institutions in western New York
17 were well taken care of.
18 This fall, on a trip to western
19 New York, I was before the editorial board and,
20 lo and behold, just before the primary found
21 myself in a position of supporting Tony Masiello
22 and was able to talk in a very forceful way
23 because of not only his participation on many
9055
1 different things that he has done for western
2 New York, but because of his role in higher
3 education, and I spoke forcefully, Tony, because
4 the night before I saw an ad on -- of your
5 opponent dealing with criminal justice and
6 putting police out on the streets, so I felt
7 maybe you needed a little -- a little extra
8 help.
9 But we will certainly miss you
10 because you have always, regardless of your
11 point of view or opposition, it has always been
12 thoughtful and measured, and I am sure that you
13 are going to be a wonderful mayor.
14 Historically, any person who has
15 had a dream has always been able to fulfill that
16 dream because they move towards fulfilling a
17 vision, and I know that you will do a wonderful
18 job for not only the city of Buffalo but for
19 western New York. While we will always extend a
20 helping hand, I'm sure that the cup will always
21 be half empty, Tony, so I hope you will remember
22 that.
23 THE PRESIDENT: Senator Galiber.
9056
1 SENATOR GALIBER: Thank you, Mr.
2 President.
3 Tony, I'm going to take it from a
4 different perspective like my leader said that
5 this was a delightful occasion. I guess in a
6 sense it is, but my view is that this is a sad
7 occasion for me and our colleagues, some of them
8 at least especially those of us who have been
9 around for a while and remember the old days
10 when handshakes were important and a person's
11 word was important and we weren't going so fast
12 as we are today to miss our neighbors.
13 You have always been
14 compassionate and concerned about your fellow
15 persons as you come in contact with them. I,
16 too, will miss you dearly, you and your family,
17 and I want you to remember that those persons,
18 especially on the other side of the aisle who
19 suggested that they will be helpful to you when
20 you come back in your capacity as mayor of
21 Buffalo, I only hope that they remember that as
22 you bring that cup that we mentioned before.
23 Tony had a proclivity and a
9057
1 grace, if you will, and a sensitivity to work
2 with you to the point that you would be relieved
3 of your shoestrings if you weren't careful, and
4 he did it with such grace. Never before has
5 anyone talked me into giving up my position on
6 Banks, on Investigations, on Ethics, and a
7 number of other good committees that, by the
8 way, you understand that you receive, you get
9 these committees only by longevity and in some
10 instances on the level of laws and rules.
11 But he did it so nicely and so
12 gracefully, "Joe, I'd like your help on this.
13 Would you do me a small favor; will you give up
14 Banks? Will you give up something else more
15 important," and he did it gracefully, and to
16 your family, Tony, it's been a good year for all
17 parties concerned and my sensitivities about
18 youngsters, I want you to promise us, I'm sure
19 you promised your wife and your family, but keep
20 it, in a busy public life that you don't get so
21 involved that you leave your family on the
22 side. Nothing is worth that, and I'm sure you
23 understand that you have a most difficult job.
9058
1 Someone once said the -- was it David? -- the
2 second hardest job in the world or first
3 hardest, being mayor of any major city. I don't
4 know why you would take it. There are some of
5 us who recognize that when we get a opportunity
6 to move up the ladder, usually things are so bad
7 by the time you get it that you shouldn't have
8 taken it.
9 But you'll do Buffalo proud, and
10 in the course of doing so, you will do New York
11 State proud because your experience and your
12 exposure here and your graciousness and your
13 understanding and your integrity and your
14 honesty and your word and how you treated people
15 will maybe, not maybe but certainly will make a
16 vast difference in your new role as mayor of
17 Buffalo.
18 I shall personally miss you.
19 You've been a good friend. Probably you don't
20 realize how good a friend you have been to me,
21 but one thing I'm assured of that once you
22 acquire the friendships and the relationships
23 you never lose them. So I will be seeing you
9059
1 again. I wish you Godspeed and take care of
2 that good family of yours. I know you will.
3 Best of luck and happy New Year and Merry
4 Christmas to you.
5 SENATOR LEICHTER: Mr. President.
6 THE PRESIDENT: Senator Skelos.
7 SENATOR SKELOS: Thank you, Mr.
8 President.
9 I had the unique experience of
10 probably conducting more joint hearings with
11 Tony Masiello during the redistricting/
12 reapportionment process a year or so ago. Some
13 of the assignments that Fred has given you, the
14 Minority Leader, the committee on whatever that
15 is, with the committee assignments in your house
16 and the campaign committee and redistricting, I
17 really wonder at times what kind of a friend
18 could your Minority Leader be to you.
19 But I think really what the
20 Minority Leader recognized in you, Tony, is the
21 fact that, number one, you are a gentleman.
22 Number two, picking up on what Senator Galiber
23 said that your word is your bond, and a hand
9060
1 shake means something to you and also you have
2 the sensitivity of understanding the human
3 nature of politics and, in particular, when you
4 do go through either a campaign or a
5 redistricting process, you need that sensitivity
6 and, quite honestly, even more so when you are
7 sitting on the Minority side.
8 One little experience was in
9 Syracuse when we were conducting one of our 20
10 or so hearings. I believe it was a Saturday
11 morning and we were there, and my wife Gail was
12 there, I believe Kate was there, and Kathy
13 Murphy, and we went at it. We really went at
14 it, and at one point Gail got up and left. I
15 saw her leave, and I said, "What's the matter?"
16 She said, "I thought I was going to get nauseous
17 the way the two of you were going at each
18 other." But that -- that afternoon we had lunch
19 and that night we had dinner and eventually it
20 all came together. Your Conference was
21 represented ably under the circumstances and at
22 all times you had an advocate that was always
23 there thinking about each and every single
9061
1 member of the Conference, not only from a
2 political point of view but also just from a
3 human nature point of view because there is
4 nothing more wrenching, I believe, politically
5 than that process.
6 So Tony, I know that Buffalo is
7 lucky to have you as their mayor. I have to
8 still root for the Jets and the Giants. How
9 ever, they have an advocate now that I believe
10 will be respected here in Albany on a bipartisan
11 basis, and I know that Senator Daly, Senator
12 Volker, a number of people have indicated that
13 we look forward to working with you. We may not
14 be able to accomplish everything that you may
15 want for your great city, but we will be there
16 to work with you on a bipartisan basis when we
17 can, to assist you, because you love your city.
18 You're a good public official and
19 you deserve the assistance that we look forward
20 to giving to you.
21 So to you, to Kate and your
22 beautiful daughter Ariel, we will miss you. We
23 look forward to seeing you at future dates up
9062
1 here as I'm sure we will. You're a good friend
2 and God bless you, Tony.
3 THE PRESIDENT: Senator Onorato.
4 SENATOR ONORATO: Thank you, Mr.
5 President.
6 I would be remiss if I didn't get
7 up to at least say a few words about my very
8 dear colleague, Senator Masiello. I can't
9 attest to the disappointments expressed by
10 Senator Paterson, Senator Galiber and Senator
11 Stachowski. I found Tony only to be a delight
12 when it came out to committee assignments, and I
13 certainly want to thank him for fulfilling all
14 of my desires. The only one he didn't fulfill
15 was when I requested that he make me the
16 Minority Leader.
17 I can attest to Tony's prowess on
18 the basketball court, whether he has speed or
19 not, but I can certainly attest to his eating
20 capacity, and I had a very fond nickname for
21 him, "the wandering fork", because Tony never
22 hesitated to eat part of my food because most of
23 you know that, when I go out to eat, I don't
9063
1 have that great of an eating capacity, so it's
2 an -- it's a fight for survival getting caught
3 between Stachowski and Masiello to finish my
4 meal, but thank God, and on the shopping trips
5 that we make I'm certainly going to miss that.
6 We go to Cohoes, the Crossgates Mall and the
7 Wolf Road shopping center on our spare time and
8 perhaps you've seen some of the results of those
9 shopping sprees and, Tony, I know you're going
10 to make an excellent mayor.
11 You've had all of the back
12 ground capacity for it, you've had the
13 legislative capacity, and now you're going into
14 the executive branch and I'm sure you're going
15 to do an outstanding job in that capacity and,
16 as the holiday season is approaching us now and
17 you're going to be leaving us, I want to wish
18 you and your family everything that I wish for
19 my family. May God bless you.
20 THE PRESIDENT: Senator Leichter.
21 SENATOR LEICHTER: Mr. President,
22 we've heard a lot of good things and heartfelt
23 comments about our colleague, Tony Masiello, and
9064
1 the amazing thing is, everything I heard was
2 true because I think that's what Tony Masiello
3 has been, really a very straightforward, very
4 honest, very decent, very warm person. It's
5 been a delight to serve with you, Tony.
6 Maybe one measure of how much
7 pleasure it's been is when you said that you
8 were here 13 years. I couldn't believe it
9 because it seemed like such a short time and
10 most things in Albany seem endless. But it has
11 been a real pleasure serving with you and, as I
12 try to think over our relationship, our work
13 here together and your quality, the one that
14 really struck me is that you were able always to
15 take very strong principled positions. I never
16 saw you bend, maybe bend a little, certainly not
17 break, but never depart from your principle.
18 But you were always able to do this, to take
19 your positions, without offending anybody.
20 I think everybody always
21 respected your positions, respected you, and
22 your personal warmth, your friendship, your
23 willingness to deal with people on a very human
9065
1 basis never disappeared as you pursued whatever
2 position, no matter how strongly you felt and I
3 don't think anybody here would say that Tony
4 Masiello didn't feel strongly on the issues, I
5 think particularly issues affecting the most
6 disadvantaged in our society.
7 You were a real fighter for those
8 people, but you always did it in a way, in a -
9 with strength, but at the same time without
10 offending or attacking people and losing the
11 high regard and respect that people have for you
12 as an individual.
13 Tony, we're really going to miss
14 you, but I think it's great for the city of
15 Buffalo. You're taking on one of the biggest
16 challenges in our society, as Senator Volker so
17 well said and others have said, to be the mayor
18 of an urban city. But you went into politics to
19 make a difference, to make a change, to
20 accomplish something. You're willing to take on
21 the toughest task.
22 Godspeed. You'll do well, and
23 we'll miss you. Thank you.
9066
1 THE PRESIDENT: Senator Hoffmann.
2 SENATOR HOFFMANN: Thank you. I
3 still remember the very warm welcome that I
4 received from Senator Masiello when I arrived
5 almost ten years ago now, and I was impressed at
6 the time because Tony has displayed a real
7 compassion for minorities, for underprivileged
8 people and most unique a characteristic for a
9 job, for women as well. I don't think I'd ever
10 seen a basketball player before who understood
11 even the rudimentary feminist terminology, but
12 Tony did and, Tony, on a number of times on the
13 floor, in conference and in his legislative
14 activities, was able to articulate needs for
15 women of this state and I'm impressed by that,
16 Tony, and the people of Buffalo are going to be
17 getting a wonderful mayor who really does have a
18 great breadth of experience.
19 There will even be a problem for
20 me when you come to Albany, of course, because
21 you removed me from the Finance Committee, so
22 when you come looking for money, I won't be in
23 any position to do much, and I'll remember the
9067
1 conversation I had with you when I called you
2 about a campaign I was in a couple of years ago
3 and I said, "Tony, they're spending $500,000 to
4 take me out, I really need some help," and Tony
5 said, "We'll send somebody up to see what you're
6 doing wrong."
7 So, Tony, I'll be happy to send
8 somebody up to Buffalo to see what you're doing
9 wrong when you need some help. I believe that
10 colleagues should remember that kind of
11 involvement and look out for each other when we
12 move on to other things. In fact, Tony, I have a
13 whole stack of resumes from people in Syracuse
14 who are looking for an opportunity to relocate
15 now to another city and Buffalo is probably
16 their first choice. So I'll forward all of
17 those to you right away.
18 Tony has been resting these 13
19 years in the Senate. Life in the Minority gives
20 everybody here on this side of the aisle a
21 chance to reflect a little bit on ways that
22 things could be done better. Tony's internal
23 ized a lot and he's grown in that time. I've
9068
1 seen it, we've all grown over here, but Tony now
2 has an opportunity to really let loose some of
3 that pent up energy, and he's got a wealth of
4 creative talent that the people of Buffalo will
5 now enjoy.
6 And Tony, I know that when you go
7 to Buffalo as mayor, you aren't going to forget
8 the lessons in humility that we've learned here
9 and I'm confident that you will always treat
10 everyone the way that we would always like to
11 have been treated here.
12 I think Buffalo is getting an
13 outstanding mayor, and I'm proud of the fact
14 that you will be a credit to this body as a
15 former Senator bringing new stature to this body
16 in your capacity as mayor.
17 Good luck and Godspeed.
18 THE PRESIDENT: Senator
19 Stavisky.
20 SENATOR STAVISKY: I don't know
21 what Buffalo will ask from the state of New York
22 during the budget hearings. Buffalo has no
23 right to ask for additional state aid. We've
9069
1 already helped Buffalo enough by contributing
2 one of the brightest and best persons to serve
3 in government at any level, and I think that
4 that is a contribution that far surpasses any
5 financial aid that we can give to the city of
6 Buffalo.
7 Needless to say, you will not let
8 us get away with that. You will consider it the
9 opportunity to come here with your friends as an
10 opportunity to help your constituents which you
11 have done throughout your career.
12 Tony Masiello is not provincial.
13 He is a statewide public official who under
14 stands the needs downstate, upstate. Any of us
15 would be proud to have a Tony Masiello running
16 for mayor of any city or any county in the state
17 of New York, because we could do no better.
18 I'm very saddened by your
19 departure, but so very happy for you because
20 you've been a warm and understanding friend to
21 so many people in this chamber. You have made
22 it possible for people to serve who often have
23 different perspectives, but because you can see
9070
1 the justice in the advocacy by every member of
2 this chamber, you bring people together.
3 There are few people who are
4 kinder but few people who are tougher when the
5 going gets tough. The competitive spirit of
6 sports you've kept, but the enlightening
7 compassionate spirit that is within you, you
8 have also kept. You have kept us as your warm
9 and deeply indebted friends. That friendship
10 doesn't disappear.
11 Come back, Mr. Mayor. This
12 chamber is your home.
13 THE PRESIDENT: Senator Marchi.
14 SENATOR MARCHI: Mr. President, I
15 believe that Senator Leichter in a way put his
16 finger on it. Everything that's been said rings
17 true because they are true and if we had a
18 system of prospective retrieval and you can get
19 all these words back, maybe you wouldn't have
20 decided not to run at all, but you do bring
21 qualities and each and every member here in this
22 chamber, I've seen it now over the last 40
23 years, and it's so true, each individual, each
9071
1 person brings special and unique qualities that
2 endear and that we treasure and in this setting,
3 it has a special meaning.
4 Earl Brydges used to quote Oscar
5 Wilde, the -- on the Ballad to the Reading Jail
6 about "who lives more lives than one more lives
7 than one must die" and in that sense there is a
8 special quality to the life that we share with
9 each other, and it's nurtured and encouraged by
10 people like yourself.
11 I mean you are the quintessential
12 gentleman. You're the person who exercises his
13 responsibilities with logic, with respect. You
14 improve the entire chamber by your presence, and
15 we feel -- we feel this so deeply. You're going
16 to be the mayor of the second largest city in
17 the state, arguably some years hence from now
18 the third largest city in the state, but we
19 won't put it on a qualitative level because
20 anything that you're -- that you're the captain
21 of, qualitatively cannot be assigned anything
22 but a first place.
23 Tony, God's blessings and our
9072
1 prayers go with you, but only on the promise
2 that you will not be a stranger, and I'm sure
3 that you're a member of the Senate Club and God
4 help you if you don't show up punctually at
5 every one of those annual reunions and more
6 often.
7 ACTING PRESIDENT FARLEY: Senator
8 Masiello.
9 SENATOR MASIELLO: Mr. -
10 ACTING PRESIDENT FARLEY: Oh,
11 wait; Senator Stafford would like to say
12 something before.
13 SENATOR STAFFORD: I certainly am
14 not going to be out in left field when it comes
15 to Buffalo Bills tickets. You know, I'm not
16 going to be left out, as I say, when the Buffalo
17 Bills tickets are available. I mean, you know,
18 you learn certain things.
19 But I would only say, and again
20 sometimes you hesitate to stand up when a number
21 of people have talked because everything has
22 been said, but when I first got here, really
23 when it came to friendship, the party, political
9073
1 party meant absolutely nothing, minuscule,
2 absolutely nothing and if it was like that, many
3 of us wouldn't be in it. Frankly, I think it's
4 getting back more of that today.
5 But I would say Tony Masiello is
6 the type of fellow that sure, he serves his
7 district. He -- in fact, I think he's even been
8 involved in campaigns on his side, but that
9 doesn't mean that he isn't a real, real friend.
10 So we wish him well. Particularly for those
11 people who aren't as old as I am, there was a
12 time when Buffalo was the second largest city in
13 the United States of America.
14 Now, maybe, who knows, maybe
15 we'll be going that way, so we wish you well.
16 ACTING PRESIDENT FARLEY: Senator
17 Masiello.
18 SENATOR MASIELLO: Thank you very
19 much, Mr. Chairman, Senator Farley.
20 This is very difficult for me, so
21 I'm going to try to be as brief as possible, but
22 as sincere as possible and I'd be a little
23 embarrassed if you saw the biggest Italian in
9074
1 Albany crying here on the Senate floor.
2 So to all of you, thank you so
3 much for the 13 years of very fond memories and
4 experiences, and to my great friend and mentor
5 and coach, Fred Ohrenstein, I've learned a lot
6 and thank you. You've been there for me also.
7 To my roommate of 13 years, Billy
8 Stachowski, I've never lived with anybody 13
9 years, I mean up 'til now. I'd rather not
10 comment on the rest of that, but certainly
11 you've been a great friend. And to my new
12 roommate, really Albany has been very, very good
13 to me. It's given me great memories and great
14 relationships, and certainly first and foremost
15 my beautiful wife, Kathleen, who I met here just
16 a couple years ago, and my beautiful daughter
17 Ariel, who is sitting there peacefully right
18 now. Ariel certainly is a Masiello. She loves
19 to eat, she loves to sleep, and she -- hopefully
20 she will have her mother's brains and will be in
21 real good shape.
22 But really seriously, I think
23 what's impressed me most about the past 13 years
9075
1 here in Albany is not the elegance of this
2 chamber which is probably maybe the most mag
3 nificent legislative chamber in the country, and
4 it certainly hasn't been the content of every
5 important piece of legislation that we've passed
6 every year, but really what's first and foremost
7 and really most impressive to me are the people
8 that I've met here, the great diversity, the
9 great strengths of the people who make up the
10 New York State Senate; and I think one thing my
11 opponents did during the campaign was to
12 underestimate Tony Masiello only because they
13 never had the opportunity and the experience
14 that I had had to learn from great minds and
15 people with great hearts and people who had
16 vision and understanding of how government
17 should work, and that was really to my benefit,
18 and I could not have won this year, this
19 election, if it wasn't for my time here in
20 Albany and the relationships I made here. But
21 also as a student of government and as a student
22 of politics, sitting here in the same seat for
23 13 years, Dave, I'm sorry I moved you instead of
9076
1 myself, but certainly watching and observing
2 some of the finest people that I've ever had to
3 work with, and I don't know what else to say.
4 Obviously I'm going to be back.
5 I'll probably have tin cans in my hand, some
6 will be half full and some will be half empty.
7 But to my colleagues not only in this room who I
8 rub shoulders with, but I think tremendous
9 people on our staff who have done a lot to make
10 me look good and smart which is difficult to do,
11 I want to thank you also, and we're going to be
12 back again, and my heart will always be here. I
13 got a great family. The good Lord has blessed
14 me in many ways, my parents and my brothers and
15 sisters, and to my great friends and certainly
16 13 years in the Senate, is right up there with
17 the best of them.
18 Thank you very much, ladies and
19 gentlemen. (Applause) I got a plane to catch.
20 I got to go back to Buffalo and be mayor.
21 ACTING PRESIDENT FARLEY: Senator
22 Present.
23 SENATOR PRESENT: Calendar 1716.
9077
1 ACTING PRESIDENT FARLEY:
2 Calendar Number 1716, Secretary will read it.
3 THE SECRETARY: Calendar Number
4 1716, Senate Bill Number 6225, by the Committee
5 on Rules, Racing, Pari-Mutuel Wagering and
6 Breeding Law.
7 Senator Marino moves to discharge
8 the Committee on Rules from Assembly Number 8935
9 and substitute it for the identical Third
10 Reading 1716.
11 SENATOR PRESENT: Mr. President,
12 I understand there's a merge of necessity at the
13 desk. I move we accept it.
14 ACTING PRESIDENT FARLEY: The
15 substitution is ordered. There is a message at
16 the desk. All in favor of accepting the message
17 say aye.
18 (Response of "Aye.")
19 Those opposed nay.
20 (There was no response.)
21 The message is accepted. You can
22 read the last section.
23 THE SECRETARY: Section 2. This
9078
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes -- ayes 55,
6 nays one, Senator Rath recorded in the
7 negative.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 Senator Present.
11 Let's have a little order here.
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 on behalf of Senator Levy, I'd like to announce
15 there will be a Majority Conference at 7:30 p.m.
16 ACTING PRESIDENT FARLEY: There
17 will be a Majority Conference at 7:30 p.m.
18 SENATOR PRESENT: I now ask the
19 Senate stand at ease until 8:00 p.m.
20 SENATOR STACHOWSKI: I'd just
21 like to announce there will be a Minority
22 Conference at 7:30 p.m.
23 ACTING PRESIDENT FARLEY: There
9079
1 will be a conference of the Minority at 7:30
2 also.
3 Senator Present.
4 SENATOR PRESENT: Mr. President,
5 I would urge all members to be here at the
6 appointed hour and be out of here at a
7 reasonable hour. If they're here, we can do it.
8 ACTING PRESIDENT FARLEY: The
9 Senators are asked to be here at 7:30 for a
10 conference so that we can get out of here at a
11 reasonable hour tonight.
12 The Senate stands in recess.
13 (Whereupon at 4:17 p.m., the
14 Senate recessed.)
15
16
17
18
19
20
21
22
23
9080
1 (Whereupon, at 10:13 p.m., Senate
2 reconvened.)
3 ACTING PRESIDENT KUHL: Senate
4 will come to order. We will return to motions
5 and resolutions.
6 Senator Daly.
7 SENATOR DALY: Mr. President. On
8 page number 4, I offer the following amendments
9 to Calendar Number 1713, Senate Print Number
10 6222, and ask that said bill retain its place on
11 the Third Reading Calendar.
12 ACTING PRESIDENT KUHL: Without
13 objection, so ordered.
14 (Whereupon, at 10:14 p.m., Senate
15 was at ease.)
16 (Whereupon, at 10:25 p.m., Senate
17 reconvened.)
18 ACTING PRESIDENT KUHL: Senator
19 Present.
20 SENATOR PRESENT: Mr. President.
21 Can we take up Calendar 1713.
22 ACTING PRESIDENT KUHL: Clerk
23 will read.
9081
1 THE SECRETARY: Calendar Number
2 1713, by Senator Daly, Senate Bill Number 6222A,
3 an act to amend the Business Corporations Law
4 and the Civil Practice Law and Rules.
5 SENATOR STACHOWSKI: Explanation.
6 SENATOR PRESENT: Mr. President.
7 Is there a message of necessity at the desk?
8 ACTING PRESIDENT KUHL: There is.
9 SENATOR PRESENT: I move that we
10 accept the message.
11 ACTING PRESIDENT KUHL: Without
12 objection, message accepted.
13 Senator Daly, an explanation has
14 been asked for.
15 SENATOR DALY: Mr. President.
16 This bill deals with changing the Business
17 Corporation Law in New York State in regards to
18 shareholder derivative suits. Shareholder
19 derivative suits are suits that are brought by
20 individual shareholders in the name of the
21 corporation, mainly against the individual
22 directors claiming that the director breached
23 their fiduciary responsibilities to the
9082
1 corporation. The question arises why should we
2 make changes to the law?
3 SENATOR PRESENT: Senator Daly.
4 May I interrupt for just a moment.
5 Mr. President. I made a motion
6 that we accept the resolution. Shall we take a
7 vote on that -- the message -- so that it's
8 properly done.
9 ACTING PRESIDENT KUHL: Without
10 objection, the message is accepted.
11 SENATOR PRESENT: No.
12 ACTING PRESIDENT KUHL: No?
13 SENATOR PRESENT: Vote, "all in
14 favor..."
15 ACTING PRESIDENT KUHL: On the
16 motion, all those in favor, signify by saying
17 aye.
18 (Response of "Aye.")
19 Contrary, nay.
20 (There was no response.)
21 The message is accepted.
22 SENATOR DALY: Mr. President.
23 The question rises -- or arises why we should
9083
1 change this law. It's become evident that New
2 York State's Business Corporation Law has fallen
3 badly out of step with developments in corporate
4 governance and finance. In fact, it is claimed
5 that if a lawyer is being consulted by his
6 client who wants to locate his corporation in
7 New York State, the lawyer could be accused of
8 legal malpractice if he did not bring to the
9 client's attention the many disadvantageous
10 aspects of locating in New York State.
11 This particular bill is intended
12 to discourage what are known as strike suits,
13 frivolous derivative actions brought, frankly,
14 in the hope of an out-of-court settlement.
15 The bill does the following
16 things. First of all, as far as universal
17 demand is concerned, before filing a derivative
18 suit, a shareholder would have to wait 90 days
19 after giving independent directors of the
20 corporation the opportunity to determine whether
21 the suit was in the best interest of the
22 corporation. In determining as far as
23 requirements for directors' determination and
9084
1 response to demand, in determining whether
2 maintenance of a derivative suit is in the best
3 interest of the corporation, the independent
4 directors need to be adequately informed and
5 have to reach their determination in good faith
6 with disinterested independence.
7 Basically, what the bill does is
8 it follows and is designed to preserve and give
9 full effect to the basic principles of New York
10 State law as stated in the Court of Appeals in
11 Auerbach versus Bennett, that "Shareholders
12 derivative claims belong to the corporation and
13 that it is the essence of the responsibility and
14 role of the board of directors to determine
15 whether the maintenance of such suits is in the
16 best interests of the corporation."
17 If an a shareholder decides to
18 file a derivative suit, then independent members
19 of the board of the corporation or members
20 appointed by independent members of the board of
21 corporations -- of the board of the corporation
22 would determine whether or not the suit was in
23 the best interest of the corporation and whether
9085
1 the suit, very frankly, was a viable and good
2 suit.
3 In summation, Mr. President, what
4 we're trying to do with this law -- with this
5 bill is to begin to change the corporate image
6 -- I should say the state image that
7 corporations and business in New York State have
8 of this state.
9 I hope that in future months we
10 will come up with more legislation. There is
11 legislation that my Committee on Corporations
12 and Authorities is already considering for next
13 session, and we feel very strongly that we must
14 look at the entire Business Corporation Law and
15 bring New York State into the 21st century
16 which, hopefully, we will be able to face in
17 eight years.
18 In addition to this bill, we're
19 considering the establishment in New York State
20 or allowing the establishment of limited
21 liability companies and again reviewing the BCL
22 for further changes.
23 That's what the bill will do, Mr.
9086
1 President.
2 ACTING PRESIDENT KUHL: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 56.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Senator Present.
13 SENATOR OHRENSTEIN: Mr.
14 President.
15 ACTING PRESIDENT KUHL: Senator
16 Ohrenstein.
17 SENATOR OHRENSTEIN: Pursuant to
18 the rules of the Senate, Senator Gold,
19 yesterday, filed a motion to suspend the rules
20 in order to discharge Senate 5787, and a bill
21 previously passed by the Assembly, and I would
22 like to take this motion up at this time while
23 we're standing at ease pending the completion of
9087
1 business.
2 ACTING PRESIDENT KUHL: Senator
3 Present.
4 SENATOR PRESENT: Mr. President.
5 I think Senator Ohrenstein is out of order.
6 We're not at that point in our procedure where
7 we accept and receive such motions.
8 SENATOR OHRENSTEIN: May I then
9 ask unanimous consent that we take up this
10 motion at this time.
11 ACTING PRESIDENT KUHL: Senator
12 Ohrenstein, may I rule on the first motion that
13 you made. And the chair would recognize Senator
14 Present's argument and rule you out of order on
15 that motion.
16 SENATOR OHRENSTEIN: Is that a
17 debatable point?
18 ACTING PRESIDENT KUHL: It is not
19 a debatable motion, sir.
20 SENATOR OHRENSTEIN: Then I
21 appeal the ruling of the chair.
22 ACTING PRESIDENT KUHL: That you
23 are entitled to, sir.
9088
1 SENATOR PRESENT: We have a vote
2 on your ruling.
3 ACTING PRESIDENT KUHL: That will
4 require a vote.
5 Those people that -
6 SENATOR OHRENSTEIN: Wait. Can I
7 be heard?
8 ACTING PRESIDENT KUHL: Senator
9 Ohrenstein -
10 SENATOR OHRENSTEIN: My
11 parliamentarian.
12 ACTING PRESIDENT KUHL: Glad to
13 see you are getting good advice. It is not an
14 arguable motion that you are making, but you can
15 explain your vote, as you are being told.
16 SENATOR OHRENSTEIN: I ask that
17 my name -- my name -- let's be real formal about
18 this.
19 I ask that my name be called be
20 called. Mr. President.
21 ACTING PRESIDENT KUHL: I would
22 remind you that you are allowed two minutes to
23 explain your vote.
9089
1 SENATOR OHRENSTEIN: Yes, sir. I
2 will strictly abide by that reminder.
3 ACTING PRESIDENT KUHL: Thank
4 you.
5 SENATOR OHRENSTEIN: Mr.
6 President. It's clear what's happening here.
7 We have filed a motion pursuant to the rules in
8 order to commence -- in order to attempt to have
9 a debate on Senate 5787, which is a bill
10 previously passed by the Assembly on June 7,
11 1993, which would ban certain assault weapons,
12 possession of certain assault weapons in the
13 State of New York.
14 I have -- simultaneously with the
15 filing of this motion by Senator Gold, I had
16 written a letter to the Majority Leader asking
17 the Majority to discharge this bill so we might
18 debate it and either reject it or pass it.
19 Since that request was not
20 adhered to, we obviously filed this motion to
21 suspend the rules in order to have this debate.
22 I am now told that as a matter of
23 technical matter that we can not debate this
9090
1 motion until the end of the agenda. We all know
2 that we will not be out of here for another hour
3 or two, which would mean that this debate is
4 going to be held sometime past midnight.
5 I just want to put you on notice
6 I'm not going to fall for this game. We've had
7 plenty of time today, all day long, to debate
8 this motion by simply waiving the technicality
9 which we waive 27 times a day, 157 times during
10 a session, in order to advance the taking of
11 business.
12 We have a right to debate this
13 motion. It's a motion to suspend the rules.
14 It's a perfectly legal motion. You want to take
15 it up at the end of the technical agenda. We
16 violate this technical agenda every day in order
17 to advance the business of this session.
18 This is part of the business of
19 this session because we have moved to suspend
20 the rules which we have a right to do, and this
21 deliberate evasion I think does you no good. It
22 does no credit to the Senate, and it certainly
23 does you no credit on this issue.
9091
1 If you are afraid to debate this
2 bill on assault weapons, why don't you say so.
3 If you are not afraid, why don't you allow me
4 this debate right now when we have the time
5 rather than putting us under the pressure of
6 keeping everybody here uselessly sometime at
7 12:00, 1:00 or 2:00 in the moring to have an
8 useless debate.
9 Mr. President. I vote to
10 overrule the chair.
11 ACTING PRESIDENT KUHL: The chair
12 would state that a vote in the affirmative is a
13 vote to sustain the ruling of the chair.
14 Based on that, all those in
15 favor.
16 SENATOR VELELLA: Mr. President.
17 Are we on a roll call?
18 ACTING PRESIDENT KUHL: We are
19 right now, yes.
20 SENATOR VELELLA: I would like to
21 ask for a slow roll call. I resent the fact
22 that people are grandstanding in this chamber
23 and their members aren't here to back up their
9092
1 position. We have our members here. We're
2 going to vote on the bill. Let's have the other
3 side vote on the bill, too.
4 I ask for a slow roll call.
5 ACTING PRESIDENT KUHL: Are there
6 five members in the chamber requesting a slow
7 roll call vote? If so, would they please stand.
8 (Whereupon, at least five members
9 were standing.)
10 Request has been made.
11 Clerk will call the roll.
12 Slowly.
13 Once again, chair would remind
14 the members that a vote in the affirmative is a
15 vote to sustain the ruling of the chair. The
16 ruling was that Senator Ohrenstein's motion was
17 out of order. With that, the clerk will call
18 the roll, slowly.
19 THE SECRETARY: Senator Babbush
20 excused. Senator Bruno.
21 SENATOR BRUNO: Yes.
22 THE SECRETARY: Senator Connor.
23 SENATOR CONNOR: Mr. President.
9093
1 I rise to explain my vote.
2 ACTING PRESIDENT KUHL: Senator
3 Connor.
4 SENATOR CONNOR: Yes, Mr.
5 President. I'm going to vote -- despite the
6 great and enormous respect I have for the member
7 now presiding, I think he is in error in his
8 ruling, and I'm voting to overrule the chair.
9 I think a more important
10 principle is at stake here. I think rules and
11 procedures are designed to facilitate the
12 orderly conduct of business in this chamber, and
13 they ought not be used in this house to
14 frustrate, through technicalities, a legitimate
15 debate particularly when we are officially in
16 session. We all know we will be at ease for -
17 regrettably at ease for the next couple of
18 hours; that we will waste time; that we will
19 once again skulk about in the middle of the
20 night to do business, and call it that, "of the
21 people" while people are at peace in their
22 homes, hopefully.
23 But not all the people are at
9094
1 peace in their homes in this state. Read the
2 newspapers every day: Children are being killed
3 in the streets of this state. Innocent
4 victims. Commuters brought down by semi
5 automatic weapons.
6 While this Senate stands at ease
7 tonight, it will refuse to have a debate on an
8 issue that is now not -- not the bugaboo of a
9 small band of New York City Liberals. It's a
10 national issue. Gun control is a national
11 issue. Eliminating assault weapons, controlling
12 and regulating them is a national issue. Guns
13 proliferate throughout the country and none lead
14 this more than in New York State.
15 The slaughter is out there, but
16 the Majority in this house would use a
17 technicality to frustrate a debate on this
18 motion so we can stand at ease through half of
19 the night.
20 I note no.
21 THE SECRETARY: Senator Cook.
22 SENATOR COOK: Yes.
23 THE SECRETARY: Senator Daly.
9095
1 SENATOR DALY: Yes.
2 THE SECRETARY: Senator
3 DeFrancisco.
4 SENATOR DeFRANCISCO: Yes.
5 THE SECRETARY: Senator DeCarlo.
6 SENATOR DeCARLO: Yes.
7 THE SECRETARY: Senator
8 Dollinger.
9 SENATOR DOLLINGER: Mr.
10 President. I rise to explain my vote.
11 ACTING PRESIDENT KUHL: Senator
12 Dollinger.
13 SENATOR DOLLINGER: I share the
14 concern of my colleagues Senator Connor and
15 Senator Ohrenstein. I guess I'm just amazed,
16 ladies and gentlemen on the other side of the
17 aisle. We came in for a special session this
18 year in December in the holiday season; and what
19 were we told?
20 Well, we were told we have to
21 keep NYRA alive. We've got to do simulcasting
22 in the winter season so that we can keep our
23 racing season alive.
9096
1 We were told a couple minutes ago
2 that the corporations of this state are out
3 there clamoring for changes in their shareholder
4 derivative actions because their pocketbooks
5 might somehow be affected, and their judgments
6 about how to run a corporation might be
7 questioned by their shareholders. We were told
8 that that was important and that we should come
9 together just before this holiday in the middle
10 of December, debate that bill, pass that bill,
11 for the good of our corporate culture.
12 We were told that we had to pass
13 a memorandum of understanding on transportation
14 so that the MTA could continue to function,
15 money would be freed up in Central Hudson, and
16 that we would continue to have the process of
17 transportation construction go forward. We were
18 told that that was very important.
19 We appointed people to boards and
20 courts and commissions and to departments
21 because that was very, very important.
22 But what you're telling the
23 people of this state today, now, in this
9097
1 eleventh hour on a Friday night, is that it's
2 not worth it to debate a bill that could save
3 their lives. It will stop part of the killing
4 that goes on in this state.
5 I'm amazed that the rules and
6 procedures of this body are being used to thwart
7 what is the right thing to do.
8 Gentlemen and lady, your rules
9 and procedures are going to continue to kill
10 people in this state unless we have a legitimate
11 debate about this bill that has already passed
12 one house and a bill that may not solve all the
13 problems of violence but, I dare say, will begin
14 to send a message in this state that we, the
15 members in this body, will no longer tolerate
16 it.
17 Don't let our rules and
18 procedures deny the people of this state the
19 power to be not only safe in their homes but
20 free for even a small amount of the violence
21 that these weapons cause every day in our
22 state.
23 Let's have the debate. Let's
9098
1 have a real vote instead of a vote on
2 technicalities.
3 ACTING PRESIDENT KUHL: Senator
4 Dollinger, how do you vote?
5 SENATOR DOLLINGER: I vote no.
6 THE SECRETARY: Senator Espada.
7 (There was no response.)
8 Senator Farley.
9 SENATOR FARLEY: I vote yes.
10 ACTING PRESIDENT KUHL: Senator
11 Bruno.
12 SENATOR BRUNO: Yes.
13 ACTING PRESIDENT KUHL: Why do
14 you rise?
15 SENATOR BRUNO: Just a point of
16 information. It's my understanding that this is
17 not debatable what is before the house now?
18 This issue is not debatable?
19 ACTING PRESIDENT KUHL: Senator
20 Bruno, we are on a roll call, a slow roll call.
21 Each member is allowed to explain his vote,
22 under the rules, for two minutes.
23 SENATOR BRUNO: And is someone at
9099
1 the chair keeping a two minute time frame?
2 ACTING PRESIDENT KUHL: There is
3 a recording of the time being kept by the clerk.
4 SENATOR BRUNO: Thank you, Mr.
5 President.
6 ACTING PRESIDENT KUHL: Clerk
7 will continue the roll call.
8 THE SECRETARY: Senator Galiber.
9 SENATOR GALIBER: May I have my
10 name called.
11 ACTING PRESIDENT KUHL: Senator
12 Galiber.
13 SENATOR GALIBER: Thank you, Mr.
14 President. Grandstanding, indeed! That was the
15 observation made of myself by my colleague on
16 the other side of our great county.
17 The very issue that we are
18 discussing or attempting to discuss and through
19 some technicality prohibited from doing so, last
20 year we were concerned about the very issue we
21 want to discuss, violence and the guns that are
22 involved.
23 How can we come here and not
9100
1 discuss at all after what occurred in Long
2 Island on the train the violence that occurred
3 because of someone stepping out of bounds,
4 whatever the causal factors may have been for
5 that person to do that?
6 But to come here for special
7 session and on some technicality refuse to let
8 us discuss that, to say to us that it is not
9 important that so many people are dying.
10 You should have been here last
11 week or week before last. We had a conference
12 here. It just happened to be African-American
13 youngsters, but could be any youngsters. I
14 spent the entire three days crying, stopped
15 going to the sessions. When a mother in the
16 City of New York tells us that she lost three
17 children, three sons, over a period of 18, 19
18 months, within a range of 300 yards, three of
19 her sons, and to have the mothers testify about
20 the violence that occurs in the cities of New
21 York and the hamlets throughout the State of New
22 York and suggest that we're grandstanding,
23 suggest that we can't talk about it.
9101
1 We've got -- if you read your
2 mail today -- I'm sure you did -- to see where
3 Richard Girgenti at the New York State Religious
4 Leaders Conference in November of 1930, 1933,
5 "Violence and the fear of violence are robbing
6 this state and nation of its vitality and
7 spirit.
8 Grandstanding, indeed!
9 Generations of Americans -
10 ACTING PRESIDENT KUHL: Senator
11 Galiber. Senator Galiber.
12 SENATOR GALIBER: Yes.
13 ACTING PRESIDENT KUHL: Excuse me
14 just a minute.
15 Senator Present, why do you
16 rise?
17 SENATOR GALIBER: Is this on a
18 technicality or -
19 SENATOR PRESENT: On a
20 technicality, Senator Galiber. I think your two
21 minutes has lapsed.
22 ACTING PRESIDENT KUHL: How do
23 you vote, Senator Galiber?
9102
1 SENATOR GALIBER: I vote against
2 the technicality.
3 THE SECRETARY: Senator Gold,
4 excused. Senator Gonzalez.
5 (There was no response.)
6 Senator Goodman.
7 (There was no response.)
8 Senator Hannon.
9 (There was no response.)
10 Senator Hoffmann.
11 SENATOR HOFFMANN: No.
12 THE SECRETARY: Senator Holland.
13 SENATOR HOLLAND: Yes.
14 THE SECRETARY: Senator Johnson.
15 SENATOR JOHNSON: Aye.
16 THE SECRETARY: Senator Jones.
17 SENATOR JONES: To explain my
18 vote.
19 ACTING PRESIDENT KUHL: Senator
20 Jones to explain her vote.
21 SENATOR JONES: Yes. I'm not
22 going to speak at all to the issue that we are
23 attempting to debate here. I would just like to
9103
1 speak about my colleagues' right to discuss it.
2 If there are rules here, then
3 it's quite clear to me, after a year here, that
4 they can be bent or changed to achieve desired
5 purposes. I think my colleagues have a right to
6 discuss this.
7 I don't think anybody should be
8 proud of the way we do business in this house
9 that we're sitting here at this hour on a
10 holiday season. I think it's a disgrace the way
11 we do business.
12 I think the rules can certainly
13 be bent in this case, as well, if that's what
14 you are calling this technicality, and I think
15 we have a right to discuss something of
16 importance.
17 I vote no.
18 THE SECRETARY: Senator Kuhl.
19 SENATOR KUHL: Aye.
20 THE SECRETARY: Senator Lack.
21 SENATOR LACK: Aye.
22 THE SECRETARY: Senator Larkin.
23 SENATOR LARKIN: Aye.
9104
1 THE SECRETARY: Senator LaValle.
2 SENATOR LAVALLE: Aye.
3 THE SECRETARY: Senator
4 Leichter.
5 (There was no response.)
6 Senator Levy.
7 SENATOR LEVY: Aye.
8 THE SECRETARY: Senator Libous.
9 (There was no response.)
10 Senator Maltese.
11 SENATOR MALTESE: Aye.
12 THE SECRETARY: Senator Marchi.
13 SENATOR MARKOWITZ: Aye.
14 THE SECRETARY: Senator Marino.
15 (Indicating "Aye.")
16 Aye.
17 Senator Markowitz.
18 (There was no response.)
19 Senator Masiello.
20 (There was no response.)
21 Senator Mendez, excused. Senator
22 Montgomery.
23 SENATOR MONTGOMERY: To explain
9105
1 my vote.
2 ACTING PRESIDENT KUHL: Senator
3 Montgomery.
4 SENATOR MONTGOMERY: Yes, Mr.
5 President. I would like to explain my vote on
6 this issue. I think the issue that we're
7 attempting to get on the floor for debate is so
8 much more important than the technicality that
9 is being used to prevent that debate, and I have
10 a feeling like we're all sitting here debating a
11 technicality while our children are being killed
12 in the streets, people on their way home being
13 shot down like animals in the woods as if
14 someone were hunting, while people walk the
15 streets of New York with weapons that are
16 illegal when it comes to sports and hunting.
17 We're not talking about
18 interfering with anybody's pleasure and sport.
19 We're talking about eliminating guns from our
20 streets that are meant solely to kill other
21 people. We now have -- in parts of my district,
22 it is more dangerous for one to leave their home
23 than it is for one -- or it was for soldiers to
9106
1 be on the field in Vietnam.
2 So I am very, very disturbed.
3 Rome is burning, if you will, and we debate a
4 technicality. This, ladies and gentlemen of the
5 chamber, is the level to which we have sunk in
6 terms of hiding our heads in the sand to avoid
7 debating an issue which means life and death to
8 people in this state. I am embarrassed by it.
9 I'm ashamed of it, and I certainly don't like
10 this moment in our history and in the activity
11 of our Legislature, especially the activity in
12 our Senate.
13 So I vote no on the technicality
14 because I think that more than ever, if there
15 was ever any other moment in time that we should
16 be debating that issue, it's right now.
17 I vote no, Mr. President.
18 THE SECRETARY: Senator Nolan.
19 (There was no response.)
20 Senator Nozzolio.
21 SENATOR NOZZOLIO: Aye.
22 THE SECRETARY: Senator
23 Ohrenstein.
9107
1 SENATOR OHRENSTEIN: Mr.
2 President.
3 ACTING PRESIDENT KUHL: Yes,
4 Senator Ohrenstein.
5 SENATOR OHRENSTEIN: I would just
6 like to put this matter into perspective. Last
7 Tuesday evening, a week ago last Tuesday
8 evening, a terrible event happened on the Long
9 Island Railroad and six innocent people were
10 murdered in cold blood and countless others were
11 maimed. The following day, Senator Marino
12 issued a press release deploring this violence
13 and saying amongst other things that the fact
14 that an individual with such a penchant for
15 violence could obtain a dangerous weapon despite
16 New York's tough handgun laws confirms once
17 again the need for strong federal action on
18 firearms control. The Senate's Republican
19 Majority supports such action as the only
20 effective means of keeping guns out of the hands
21 of such dangerous assassin.
22 I issued a release subsequent to
23 this release, agreeing with Senator Marino about
9108
1 the violence and deploring the conditions under
2 which it ensued. But I called upon Senator
3 Marino and the Republican Majority to put on the
4 floor the bill which is at issue here, Senate
5 S.5787, a bill to ban assault weapons in the
6 State of New York and a bill which was passed by
7 the Assembly last June and which would become
8 law were we to pass it today.
9 I join with you in calling for
10 federal action, but we know that that could take
11 months or years because of the activities of the
12 National Rifle Association and others opposed to
13 any kind of gun control, and action by the feds
14 will be years way. We can take action today to
15 ban assault weapons.
16 I then wrote a letter to Senator
17 Marino on December 14, which was on Wednesday,
18 asking him one more time to put this bill on the
19 floor during this special session. I wrote in
20 that letter, "Many members of the..."
21 ACTING PRESIDENT KUHL: Excuse
22 me, Senator Ohrenstein.
23 Senator Present, why do you rise?
9109
1 SENATOR PRESENT: I think that
2 Senator Ohrenstein had his first two minutes at
3 the beginning of this roll call vote. I think
4 you have exceeded two minutes more.
5 SENATOR OHRENSTEIN: Well, can I
6 finish my sentence?
7 SENATOR PRESENT: Finish the
8 sentence, please.
9 SENATOR OHRENSTEIN: At the end
10 of my letter, I said, "Many members of the
11 Senate Democratic conference have expressed a
12 strong desire to vote on the assault weapon bill
13 during the special session. I have, therefore,
14 asked Senator Gold to file a motion to suspend
15 the Senate rules if that is what is necessary to
16 allow us to vote on this bill. I hope we will
17 not have to take this action, and I look forward
18 to working cooperatively with you on this issue
19 so Thursday's session will be marked by decisive
20 action to insure safer streets for all New
21 Yorkers."
22 I ask you again to work with us
23 and not to quibble with us on some
9110
1 technicality.
2 I vote no.
3 THE SECRETARY: Senator Onorato.
4 SENATOR ONORATO: Mr. President.
5 To explain my vote.
6 ACTING PRESIDENT KUHL: Senator
7 Onorato to explain his vote.
8 SENATOR ONORATO: Colleagues, I
9 ask you. It's a frustrating situation,
10 especially on this side of the aisle, that we
11 have to go through some of these type of
12 maneuvers to get something to vote on. We can't
13 get any of our bills out of committee to begin
14 with and to be here on the week before
15 Christmas, one of the most sacred days around,
16 for the Prince of Peace -- the birth of the
17 Prince of Peace to come before us, we are asking
18 you to join with us and helping with that cause
19 of bringing a little bit more peace in this
20 world by banning assault weapons.
21 I don't think it's a very
22 unreasonable request to ask to be debating a
23 bill like this, especially in view of the fact
9111
1 that we are up here for two days. We voted on
2 four bills in two days' time, and we're standing
3 at ease at this particular moment. Why not have
4 some meaningful legislation put before this
5 house.
6 I vote no on the chair's ruling.
7 THE SECRETARY: Senator
8 Oppenheimer.
9 (There was no response.)
10 Senator Padavan.
11 (There was no response.)
12 Senator Pataki.
13 SENATOR PATAKI: Yes.
14 THE SECRETARY: Senator
15 Paterson.
16 ACTING PRESIDENT KUHL: Senator
17 Paterson, to explain his vote.
18 SENATOR PATERSON: Mr.
19 President. In explaining my vote, I would like
20 to ask the chair for a ruling. I understand I'm
21 alloted two minutes. Would I be willing to
22 transfer that two minutes to another Senator,
23 would that be permissible?
9112
1 ACTING PRESIDENT KUHL: I think
2 that would call for the suspension or amendment
3 to the rules, Senator, and I am not in a
4 position to do that. So you have two minutes,
5 or what's left of it to explain your vote.
6 SENATOR PATERSON: Well, in
7 addition to using part of my two minutes, Mr.
8 President, can you tell me who is in position to
9 change that?
10 ACTING PRESIDENT KUHL: Any
11 member at the right time can make the motion.
12 You know that. It's part of the rules which
13 you, I'm sure, have been through and those are
14 what we are following here tonight.
15 SENATOR PATERSON: All right.
16 With the remaining part of my two minutes, I
17 would just like to say that I think that the
18 rules as they stand now should be held void for
19 vagueness, Mr. President, since this is a
20 measure that we take very often by departing
21 from the regular rules in order to go back to
22 motions and resolutions, as we want in this
23 particular case.
9113
1 There are children in this city
2 right now who, on average, are within -- have a
3 one in sixteen chance of being victims of a
4 violent crime from a weapon such as a gun. This
5 rate is higher than the risk that young men and
6 women took when they volunteered for this
7 country's service in Vietnam. And so that would
8 signify to me that we are a nation quite under
9 siege, and I thought that at this special
10 session of the Legislature, at this time when we
11 are really sending a message to people
12 throughout the state that because of unusual
13 circumstances we are going back into regular
14 session, that it would have been far more
15 foresighted for us to take up this debate about
16 assault weapons and to ban them or to not ban
17 them but at least to let the public know that we
18 were addressing the issue.
19 I am disappointed in the ruling
20 that the chair made.
21 Thank you, Mr. President.
22 ACTING PRESIDENT KUHL: How do
23 you vote, Senator Paterson?
9114
1 SENATOR PATERSON: I vote no, Mr.
2 President.
3 ACTING PRESIDENT KUHL: Thank
4 you.
5 THE SECRETARY: Senator Present.
6 SENATOR PRESENT: Mr. President.
7 ACTING PRESIDENT KUHL: Senator
8 Present.
9 SENATOR PRESENT: To explain my
10 vote.
11 ACTING PRESIDENT KUHL: To
12 explain his vote.
13 SENATOR PRESENT: I remind the
14 members that we are only voting on the ruling of
15 the chair. We are not voting on any other
16 issue.
17 I vote yes.
18 ACTING PRESIDENT KUHL: Senator
19 Rath.
20 SENATOR RATH: Aye.
21 THE SECRETARY: Senator Saland.
22 SENATOR SALAND: Aye.
23 THE SECRETARY: Senator
9115
1 Santiago.
2 (There was no response.)
3 Senator Sears.
4 (There was no response.)
5 Senator Seward.
6 SENATOR SEWARD: Aye.
7 THE SECRETARY: Senator Skelos.
8 (There was no response.)
9 Senator Smith.
10 ACTING PRESIDENT KUHL: Senator
11 Smith to explain her vote.
12 SENATOR SMITH: Thank you, Mr.
13 President. These are extraordinary times, and
14 our children are dying in the streets, and it's
15 people who make decisions off the top of their
16 heads to change rulings with very little
17 rationale that make it impossible for people of
18 good will to discuss matters that are important
19 to those that we represent. It's a sad day for
20 the State of New York when we, as their elected
21 officials, can not openly discuss the things
22 that matter to them and try to protect lives.
23 We come here and we waste the
9116
1 taxpayers' money. Four bills in two days. I
2 hope that this bears well on your conscience at
3 this holiday time that you can not even bend the
4 rules enough to allow us to take care of
5 something that is important to the taxpayers who
6 pay our salaries.
7 I vote no, Mr. President.
8 THE SECRETARY: Senator Solomon.
9 (There was no response.)
10 Senator Spano.
11 SENATOR SPANO: Aye.
12 THE SECRETARY: Senator
13 Stachowski.
14 SENATOR STACHOWSKI: Mr.
15 President, to explain my vote.
16 ACTING PRESIDENT KUHL: Senator
17 Stachowski, to explain his vote.
18 SENATOR STACHOWSKI: Although I
19 may personally find this bill technically
20 flawed, I think that Senator Ohrenstein deserves
21 an opportunity to be able to debate it on the
22 floor, and for that reason I vote no.
23 THE SECRETARY: Senator
9117
1 Stafford.
2 SENATOR STAFFORD: Aye.
3 THE SECRETARY: Senator Stavisky.
4 (There was no response.)
5 THE SECRETARY: Senator Trunzo.
6 SENATOR TRUNZO: Yes.
7 THE SECRETARY: Senator Tully.
8 SENATOR TULLY: Aye.
9 THE SECRETARY: Senator Velella.
10 SENATOR VELELLA: Aye.
11 THE SECRETARY: Senator Volker.
12 SENATOR VOLKER: Yes.
13 THE SECRETARY: Senator Waldon.
14 SENATOR WALDON: Mr. President.
15 ACTING PRESIDENT KUHL: Senator
16 Waldon to explain his vote.
17 SENATOR WALDON: Thank you, Mr.
18 President. Approximately 2,000 years ago, there
19 was no room at the inn; and tonight in this
20 house, there is no room in our procedures to
21 deal with a monumental problem.
22 We can find time to debate
23 expansion of prison cells. We can find time to
9118
1 debate issues not related to the loss of life,
2 but tonight we can not deal with the 67 million
3 guns owned by private citizens. We can not deal
4 with the 1.5 million handguns made in the U.S.
5 in 1992, every 14 seconds.
6 We can't deal with almost $2.3
7 billion worth of injuries from people going to
8 emergency rooms resulting from handguns.
9 Across this country, a handgun
10 related death occurs every 20 minutes. More
11 than 640,000 crimes are committed every year
12 with handguns, murders, robberies, rapes.
13 Every year, 37,000 Americans are
14 killed by handguns in this country. In Korea,
15 we lost 33,651 personnel. In Vietnam, 47,364.
16 We're not listening.
17 Firearms kill more people between
18 15 and 24 years of age than all natural causes
19 combined. The first eleven months of 1993, New
20 York City recorded 5,064 shootings.
21 The first seven months of 1993,
22 guns were used in 74 percent of homicides in New
23 York City accounting for 823 deaths. Last year,
9119
1 they were used in 77 percent of city homicides
2 accounting for 1,541 deaths. We're not
3 listening.
4 Time magazine conducted a poll.
5 They asked the question, "Do you favor stricter
6 gun control laws?" Seventy percent of the
7 people who answered favored the control. "Do
8 you favor mandatory registration of all guns?"
9 Seventy-eight percent of the people who answered
10 favored registration.
11 Bringing it home to the district
12 I represent, every 95 seconds -
13 ACTING PRESIDENT KUHL: Senator
14 Waldon.
15 SENATOR WALDON: Last sentence.
16 I'm concluding.
17 ACTING PRESIDENT KUHL: Senator
18 Waldon. Please excuse me.
19 Senator Present, why do you
20 rise?
21 SENATOR PRESENT: Time.
22 SENATOR WALDON: My last
23 sentence. I'm concluding, Mr. President.
9120
1 SENATOR PRESENT: One sentence.
2 SENATOR WALDON: I thank you,
3 Senator Present.
4 Every 95 seconds a child of
5 African-American heritage is born into poverty.
6 That's bad enough. That is bad enough from the
7 richest country on earth. Worst than that is
8 every six hours a child of African-American
9 heritage dies from firearms.
10 My brothers and sisters in spirit
11 and fact, we are not fulfilling our
12 responsibility as members of this house. There
13 is still no room in this house.
14 ACTING PRESIDENT KUHL: Senator
15 Waldon, how do you vote?
16 SENATOR WALDON: No.
17 THE SECRETARY: Senator Wright.
18 SENATOR WRIGHT: Mr. President to
19 explain my vote.
20 ACTING PRESIDENT KUHL: Senator
21 Wright to explain his vote.
22 SENATOR WRIGHT: I find it
23 interesting that there is a great deal of
9121
1 reference this even<to technicalities when, in
2 fact, we're talking about the rules of the
3 house, and I, too, have been here but one year,
4 and they are the same rules we started in and
5 the same rules we're finishing with this
6 evening.
7 So to use the issue of
8 technicality, they are the rules that we have
9 been governed by for a year now. I think
10 everybody on this side of the aisle and I know
11 on that side of the aisle as well, as well as
12 our colleagues in the Assembly, are well aware
13 of the seriousness of this issue. Nobody is
14 trying to minimize that in any way whatsoever,
15 but I don't think it's simply the issue of
16 assault weapons, and I think we would like to
17 see the same kind of commitment and intensity
18 when we talk about the death penalty, when we
19 talk about creating additional prison cells,
20 when we talk about other measures to curtail
21 crime, not simply a singled-focused issue.
22 The holiday seaso< **REPAIRED**
23 lovely opportunity to provide analogies and
9122
1 religious symbolism, which unfortunately simply
2 makes good copy. This is being utilized this
3 evening not out of questions of good will or
4 good faith but because it's good politics.
5 There is an opportunity here to be utilized to
6 acquire copy.
7 I don't think that's fair to the
8 members of this side of the aisle. I don't
9 think it's fair to any of the colleagues in the
10 house. I think we recognize our obligations. I
11 think we recognize there is more to this issue
12 than simply assault weapons, and I think you
13 will see that dealt with.
14 From my perspective, this is a
15 political issue not an issue of good will and
16 good faith. I have vote yes, Mr. President.
17 ACTING PRESIDENT KUHL: Clerk
18 will call the absentees.
19 THE SECRETARY: Senator Espada.
20 (There was no response.)
21 Senator Gonzalez.
22 (There was no response.)
23 Senator Goodman.
9123
1 (There was no response.)
2 Senator Hannon.
3 (There was no response.)
4 Senator Leichter.
5 (There was no response.)
6 Senator Libous.
7 (There was no response.)
8 Senator Markowitz.
9 (There was no response.)
10 Senator Masiello.
11 (There was no response.)
12 Senator Nolan.
13 SENATOR NOLAN: I would like to
14 rise to explain my vote.
15 ACTING PRESIDENT KUHL: Senator
16 Nolan to explain his vote.
17 SENATOR NOLAN: I would like to
18 urge my colleagues on the other side of the
19 aisle to reflect and maybe consider changing
20 their vote on this on Senator Ohrenstein's
21 bill. And to that end, I would like to ask
22 every member in this chamber to stand and to say
23 a silent prayer for two minutes for the victims
9124
1 of the LIRR massacre last week.
2 (Whereupon, the members of the
3 Senate were standing for two minutes.)
4 ACTING PRESIDENT KUHL: Senator
5 Nolan, how do you vote.
6 SENATOR NOLAN: I vote in the
7 negative.
8 THE SECRETARY: Senator
9 Oppenheimer.
10 (There was no response.)
11 Senator Padavan.
12 (There was no response.)
13 Senator Santiago.
14 (There was no response.)
15 Senator Sears.
16 (There was no response.)
17 Senator Skelos.
18 (There was no response.)
19 Senator Solomon.
20 (There was no response.)
21 Senator Stavisky.
22 (There was no response.)
23 ACTING PRESIDENT KUHL: Results.
9125
1 THE SECRETARY: Ayes 29. Nays
2 13.
3 ACTING PRESIDENT KUHL: The
4 ruling of the chair is sustained.
5 Senator Present, for an
6 announcement.
7 SENATOR PRESENT: Mr. President.
8 I would like to announce an immediate meeting of
9 the Rules Committee in Room 332 and ask that the
10 chamber stand at ease.
11 ACTING PRESIDENT KUHL: There
12 will be an immediate meeting of the Rules
13 Committee in Room 332.
14 The Senate will stand at ease.
15 (Whereupon, at 11:07 p.m., the
16 Senate was at ease.)
17 (Whereupon, at 11:24 p.m., the
18 Senate reconvened.)
19 ACTING PRESIDENT KUHL: Senate
20 will come to order.
21 Senator Present.
22 SENATOR PRESENT: Can we return
23 to reports of standing committees please.
9126
1 ACTING PRESIDENT KUHL: We will.
2 Clerk will read the Rules report.
3 THE SECRETARY: Senator Marino
4 from the Committee on Rules reports the
5 following bills directly for third reading:
6 Senate Bill Number 6226, by
7 Senator Tully and others, an act to amend the
8 Public Health Law, the State Finance Law, the
9 Education Law, Chapter 624 of the Laws of 1986
10 amending the Public Health Law.
11 Also Senate Bill Number 4715A, by
12 Senator Velella, an act to amend the Insurance
13 Law, in relation to permitting motor vehicles
14 no-fault insurance policyholders, covered
15 persons, insurers and self-insurers.
16 Both bills reported directly for
17 third reading.
18 ACTING PRESIDENT KUHL: Without
19 objection, third reading.
20 Senator Present.
21 SENATOR PRESENT: Call up
22 Calendar 1718, please.
23 ACTING PRESIDENT KUHL: Clerk
9127
1 will read Calendar 1718.
2 THE SECRETARY: Calendar Number
3 1718, by Senator Tully, Senate Bill Number 62...
4 Excuse me. Senate Bill Number
5 4715A, by Senator Velella, an act to amend the
6 Insurance Law, in relation to permitting motor
7 vehicle no-fault -
8 SENATOR STACHOWSKI: Lay it
9 aside.
10 ACTING PRESIDENT KUHL: Senator
11 Stachowski, we're on Third Reading Calendar I
12 assume.
13 SENATOR STACHOWSKI: I'm waiting
14 for someone to come out here. Can you just hold
15 it for a second?
16 ACTING PRESIDENT KUHL: Senator
17 Present?
18 SENATOR PRESENT: Mr. President.
19 ACTING PRESIDENT KUHL: Senator
20 Present.
21 SENATOR PRESENT: Can we call up
22 Calendar 1718. I believe there is a message of
23 necessity at the desk, and I move that we accept
9128
1 the message.
2 ACTING PRESIDENT KUHL: There is
3 a message. Wait a minute.
4 SENATOR PRESENT: I stand
5 corrected. Calendar 1717.
6 ACTING PRESIDENT KUHL: Yes,
7 there is some confusion on the numbers, Senator.
8 Clerk will call up 1717.
9 THE SECRETARY: Calendar Number
10 1717, by Senator Tully and others, Senate Bill
11 Number 6226, an act to amend the Public Health
12 Law, the State Finance Law, the Education Law,
13 Chapter 624 of the Laws of 1986 amending the
14 Public Health Law.
15 ACTING PRESIDENT KUHL: You're
16 correct, Senator, there is an a message of
17 necessity at the desk.
18 SENATOR PRESENT: I move that we
19 accept the message.
20 ACTING PRESIDENT KUHL: All those
21 in favor of accepting the message, signify by
22 saying aye.
23 (Response of "Aye.")
9129
1 Contrary, nay.
2 (There was no response.)
3 The ayes have it. The motion is
4 accepted. Message is accepted.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 56.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 SENATOR TULLY: Mr. President.
15 May I have my name called, please.
16 ACTING PRESIDENT KUHL: Senator
17 Tully.
18 SENATOR TULLY: Thank you, Mr.
19 President.
20 Over 15 months ago, the Council
21 on Health Care Financing began its most recent
22 evaluation of New York's all payor hospital
23 inpatient reimbursement system. This evaluation
9130
1 included a report prepared by the Center for
2 Health Policy Studies, which showed that many of
3 New York hospitals are experiencing huge losses
4 and negative operating margins.
5 This agreed-to bill amends the
6 Public Health Law, Education, and other laws by
7 making adjustments to the inpatient hospital
8 reimbursement system and other important reforms
9 to the current health care system.
10 The primary feature of this bill
11 is the continuation of NYPHRM for two years
12 beginning January 1, 1994.
13 At this particular time, Mr.
14 President, I would like to indicate that this
15 legislation would not have been possible without
16 the contributions of Senator Marino, Senator
17 Cook, and Senator Holland; majority central
18 staff including Angelo Mangia, Gayle Yeomans,
19 Robin Frank, Dave Wollner, Barbara Howard and
20 Margaret Sellers; two people from the
21 Legislative Commission on Rural Resources, Ron
22 Brach and Laura Sherry; Mark Kissinger from
23 Senator Holland's staff; and, of course, my
9131
1 entire staff who all worked together to produce
2 this important health legislation.
3 I would like to compliment all of
4 the negotiators on this matter from the Assembly
5 and the Governor's office in producing this very
6 important three-way piece of legislation.
7 And I like to wish a very, very
8 happy holiday to all of my colleagues and a
9 merry Christmas and the best of the new year to
10 all of the staff who are listening.
11 Thank you very much.
12 ACTING PRESIDENT KUHL: Senator
13 Montgomery.
14 SENATOR MONTGOMERY: I wish to
15 recall the vote by which that last bill passed.
16 Reconsider the vote. Can I reconsider the
17 vote?
18 ACTING PRESIDENT KUHL: Senator,
19 you wish to reconsider the vote by which Senate
20 Calendar Number 1717 passed this house; is that
21 correct?
22 SENATOR MONTGOMERY: I would like
23 to change my vote, and I want to explain my
9132
1 vote.
2 ACTING PRESIDENT KUHL: On the
3 motion for reconsideration. All those in favor,
4 signify by saying aye.
5 The Secretary will call the roll
6 on reconsideration.
7 (The Secretary called the roll on
8 reconsideration.)
9 THE SECRETARY: Ayes 56.
10 ACTING PRESIDENT KUHL: The bill
11 is before the house.
12 Senator Montgomery to explain her
13 vote.
14 SENATOR MONTGOMERY: Yes, thank
15 you.
16 I'm going to vote no on this bill
17 as a protest because I am very disappointed that
18 we do not have in this bill an expansion of
19 services to adolescents. We have no services
20 that are targeting adolescents in this bill. We
21 are not providing primary care in the State of
22 New York to adolescents, and this bill has not
23 corrected that failure in our state.
9133
1 And so as a statement of my
2 extreme disappointment, I am going to vote no
3 because I think there is no excuse for us to be
4 moving forward at all and leaving out an entire
5 segment of the population in the State of New
6 York as we move to try and provide health care
7 to our people.
8 Thank you.
9 ACTING PRESIDENT KUHL: Senator
10 Smith to explain her vote.
11 SENATOR SMITH: Thank you, Mr.
12 President.
13 I, too, join with my colleague
14 Velmanette Montgomery in this protest vote, and
15 I also vote in the negative.
16 ACTING PRESIDENT KUHL: Senator
17 Hoffmann to explain her vote.
18 SENATOR HOFFMANN: I wonder if
19 Senator Tully would yield for a brief question
20 or possibly two?
21 ACTING PRESIDENT KUHL: Senator
22 Hoffmann, we're on a roll call at this time.
23 SENATOR HOFFMANN: I believe we
9134
1 had moved to reconsider the vote. Was I
2 incorrect in understanding that?
3 ACTING PRESIDENT KUHL: And we
4 took a roll call, and we're on a roll call.
5 SENATOR HOFFMANN: Is there a
6 possibility that Senator Tully could answer a
7 question within the roll call? Is that
8 technically not possible?
9 I thought we had reconsidered. I
10 don't want to create a big problem. I just
11 wanted to ask a simple question.
12 SENATOR OHRENSTEIN: Mr.
13 President.
14 ACTING PRESIDENT KUHL: Senator
15 Ohrenstein.
16 SENATOR OHRENSTEIN: We could
17 reconsider the vote a second time, or else let
18 Senator Hoffmann ask a question and we will be
19 done with it.
20 ACTING PRESIDENT KUHL: Senator
21 Hoffmann, if you'd like to ask Senator Tully a
22 question.
23 SENATOR HOFFMANN: Thank you, Mr.
9135
1 President.
2 Senator Tully, could you explain
3 very briefly to me what the impact of the
4 increased 46 million for TB costs will mean on a
5 statewide basis? Is this in fact a statewide
6 figure? Is it site specific or hospital
7 specific; and will it be used for such things as
8 negative pressure rooms?
9 SENATOR TULLY: Yes, Mr.
10 President.
11 ACTING PRESIDENT KUHL: Senator
12 Tully.
13 SENATOR TULLY: The $46 million
14 recognizes the cost for all TB hospitals in the
15 state for tuberculosis.
16 SENATOR HOFFMANN: For all
17 hospitals currently treating tuberculosis
18 cases?
19 SENATOR TULLY: That's correct.
20 SENATOR HOFFMANN: Statewide?
21 SENATOR TULLY: Yes.
22 SENATOR HOFFMANN: That would be
23 including those which have been affected
9136
1 negatively by the influx of inmates that have
2 been transferred into some rooms -
3 SENATOR TULLY: Answer to that is
4 in the affirmative, Mr. President.
5 SENATOR HOFFMANN: Thank you,
6 Senator Tully -
7 ACTING PRESIDENT KUHL: Any other
8 Senators wishing to explain their votes?
9 SENATOR HOFFMANN: -- appreciate
10 your cooperation.
11 ACTING PRESIDENT KUHL: Announce
12 the results.
13 THE SECRETARY: Senator Marino
14 moves to discharge the Committee on Rules from
15 Senate Bill Number 6226 and sub' the identical
16 Assembly Bill 8936.
17 ACTING PRESIDENT KUHL: Without
18 objection, we're going to substitute the
19 Assembly bill for the Senate bill.
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
9137
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 54. Nays
4 2. Senators Montgomery and Smith recorded in
5 the negative.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 Senator Present.
9 SENATOR PRESENT: Now 1718.
10 ACTING PRESIDENT KUHL: Clerk
11 will read.
12 THE SECRETARY: Calendar Number
13 1718. Senator Velella moves to discharge the
14 Committee on Rules from Assembly Bill Number
15 6277A and substitute it for the identical
16 Calendar Number 1718.
17 ACTING PRESIDENT KUHL:
18 Substitution is ordered.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
9138
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 56.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Senator Present.
6 SENATOR PRESENT: Will you
7 recognize Senator Larkin please.
8 SENATOR LARKIN: Mr. President.
9 I have a privileged resolution at the desk.
10 ACTING PRESIDENT KUHL: Senator
11 Larkin.
12 SENATOR LARKIN: I have a
13 privileged resolution at the desk.
14 ACTING PRESIDENT KUHL: That you
15 do, Senator.
16 Clerk will read the title.
17 THE SECRETARY: Legislative
18 resolution, by Senator Larkin, expressing
19 sincerest sorrow upon the occasion of the death
20 of Lawrence R. Belello Sr., former Republican
21 chairman of Orange County and the Town of New
22 Windsor, New York.
23 ACTING PRESIDENT KUHL: The
9139
1 question is on the adoption of the resolution.
2 All those in favor, signify by saying aye.
3 (Response of "Aye.")
4 Opposed, nay.
5 (There was no response.)
6 The resolution as adopted.
7 Senator Present.
8 SENATOR PRESENT: Mr. President.
9 There being no further business, I move we
10 adjourn subject to the call of the Majority
11 Leader.
12 ACTING PRESIDENT KUHL: There
13 being no business, the Senate stands adjourned.
14 (Whereupon, at 11:40 p.m., Senate
15 adjourned.)
16
17
18
19
20
21
22
23