Regular Session - May 11, 1994
3449
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9 ALBANY, NEW YORK
10 May 11, 1994
11 10:00 a.m.
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13
14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, Acting President
19 STEPHEN F. SLOAN, Secretary
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3450
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: Senate
3 will come to order. Senators will please find
4 their seats.
5 Please rise with me for the
6 Pledge of Allegiance to the Flag.
7 (Whereupon, the Senate joined in
8 the Pledge of Allegiance to the Flag.)
9 We're pleased to have with us
10 today the Reverend Peter G. Young, Pastor of the
11 Blessed Sacrament Church, Bolton Landing, New
12 York, for the opening prayer.
13 REVEREND PETER G. YOUNG: Thank
14 you, Senator.
15 Let us pray.
16 Dear God, we call upon You to
17 bless the esteemed members of this Senate
18 chamber so that they can carry out their mission
19 of changing this state and making it even
20 better.
21 Despite our failures, we bring
22 together the time and the talent and the
23 dedication that we can share with others. Grant
3451
1 us health and energy in setting right what we
2 find wrong and an opportunity to nourish and
3 practical desire to build up than rather tear
4 down, to reconcile instead of polarize, to go
5 out on a limb rather than crave security.
6 Never to let us forget that it is
7 far better to light the one candle than to curse
8 the darkness, and to join then in their united
9 leadership to make this state a great state, as
10 it is, and even better.
11 In Your name, now and forever.
12 Amen.
13 ACTING PRESIDENT FARLEY:
14 Secretary will begin by reading the Journal.
15 THE SECRETARY: In Senate,
16 Tuesday, May 10. The Senate met pursuant to
17 adjournment. Senator Farley in the chair upon
18 designation of the Temporary President. Prayer
19 by Reverend Peter G. Young of the Blessed
20 Sacrament Church of Bolton Landing. The Journal
21 of Monday, May 9, was read and approved. On
22 motion, Senate adjourned.
23 ACTING PRESIDENT FARLEY: Hearing
3452
1 no objection, the Journal will stand approved as
2 read.
3 The order of business:
4 Presentation of petitions.
5 Messages from the Assembly.
6 Messages from the Governor.
7 Reports of standing committees.
8 Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions.
12 Senator Wright.
13 Oh, I'm sorry. Senator Present.
14 SENATOR PRESENT: It's all right.
15 SENATOR WRIGHT: Mr. President.
16 On behalf of Senator Maltese, on page 39, I
17 offer the following amendments to Calendar
18 Number 693, Senate Print Number 7446, and ask
19 that said bill retain its place on the Third
20 Reading Calendar.
21 ACTING PRESIDENT FARLEY: Without
22 objection.
23 SENATOR WRIGHT: On behalf of
3453
1 Senator Velella, on page 28, I offer the
2 following amendments to Calendar Number 349,
3 Senate Print Number 5615C, and ask that said
4 bill retain its place on the Third Reading
5 Calendar.
6 ACTING PRESIDENT FARLEY: Without
7 objection.
8 Senator Present.
9 SENATOR PRESENT: Recognize
10 Senator Tully, please.
11 ACTING PRESIDENT FARLEY: Senator
12 Tully.
13 SENATOR TULLY: Yes, Mr.
14 President. I have a privileged resolution at
15 the desk. I ask that you direct the reading of
16 the title at this time.
17 ACTING PRESIDENT FARLEY:
18 Secretary will read the title of Senator Tully's
19 resolution.
20 THE SECRETARY: Legislative
21 Resolution by Senators Tully and Wright,
22 proclaiming the week of May 8th through the
23 14th, 1994, as National Hospital Week in the
3454
1 State of New York.
2 ACTING PRESIDENT FARLEY: On the
3 resolutions, all those in favor, aye.
4 (Response of "Aye.")
5 Those opposed, nay.
6 (There was no response.)
7 The resolution is adopted.
8 Senator Present.
9 SENATOR PRESENT: Will you
10 recognize Senator Marchi, please.
11 ACTING PRESIDENT FARLEY: Senator
12 Marchi.
13 SENATOR MARCHI: Mr. President.
14 I have a privileged resolution that I would like
15 to advance here and request that it be read in
16 its entirety.
17 ACTING PRESIDENT FARLEY: The
18 Secretary will read Senator Marchi's resolution
19 in its entirety.
20 THE SECRETARY: Legislative
21 Resolution, by Senator Marchi, commending the
22 courageous life and achievements of Captain John
23 J. Drennan, Jr. of the New York City Fire
3455
1 Department.
2 Whereas, this Legislative Body
3 learned with sorrow of the death on May 7, 1994,
4 of Captain John J. Drennan of Eltingville,
5 Staten Island, from burns suffered while
6 fighting a fire in Manhattan on March 28, 1994.
7 People throughout America had
8 focused on Captain Drennan's 40-day hospital
9 ordeal during which he fought bravely for life
10 after suffering third-degree burns while
11 responding to a two-alarm fire in SoHo,
12 Greenwich Village.
13 Captain Drennan, 49, in company
14 with firefighters James F. Young of Queens and
15 Christopher J. Siedenburg of Great Kills, Staten
16 Island, had been searching the building when
17 overheated gases exploded in a flashover; the
18 explosion took the lives of Fireman Young, 31,
19 and Fireman Seidenburg, 25, and sent Captain
20 Drennan to the Burn Center at New York Hospital
21 Cornell Medical Center.
22 His courageous fight for life
23 gripped the city, state, and nation and brought
3456
1 home to everyone the constant danger routinely
2 endured by firefighters in New York, justly
3 acclaimed as "New York's Bravest", and in
4 communities throughout America.
5 Because this Legislative Body
6 takes official notice periodically of the deeds
7 performed for the public good by exemplary
8 individuals such as Captain Drennan and his
9 colleagues and because it chooses to do so now,
10 let it be known to all that John J. Drennan was
11 a hero by every definition of the word; a
12 decorated firefighter, he joined the New York
13 City Fire Department on November 30, 1968,
14 serving with Engine Company 6, Manhattan, for
15 five years, after which he transferred to Ladder
16 Company 79, West Brighton, Staten Island.
17 Industrious on and off the job,
18 he studied for years in pursuit of his goal of
19 becoming a fire officer and in 1982 was promoted
20 to lieutenant and assigned to the 32nd Battalion
21 in Brooklyn; in 1986, he transferred to Ladder
22 Company 114 in Brooklyn.
23 Captain Drennan's admirable
3457
1 career was marked by many instances of bravery,
2 and he was decorated for several of them; in
3 1976, he was presented with the M. J. Delehanty
4 Medal and a citation for trying to save a mother
5 and daughter trapped in their home in West
6 Brighton.
7 In 1978, while off duty, Captain
8 Drennan ran into a burning building near his
9 home to look for trapped victims; for this act
10 of courage and quick thinking, he was presented
11 with the Meritorious Act Award.
12 In 1982, Captain Drennan and
13 another firefighter rescued two infants from a
14 tenement fire in Bay Ridge, Brooklyn, and
15 performed mouth-to-mouth resuscitation; the
16 firemen saved the infants' lives.
17 Captain Drennan served his
18 community in the Fire Department and in work
19 with young people; he became the football coach
20 at Tottenville High School in 1972 and won
21 acclaim for his quiet, positive approach to the
22 game and its young players; his associates
23 praised him as a major positive influence on his
3458
1 players.
2 In 1977, he moved on to become
3 the assistant football coach at Wagner College
4 at which he was a 1967 graduate with a degree in
5 elementary education.
6 Out of love for working with
7 youngsters and sports, he also officiated at
8 high school, college, and sand lot football and
9 softball games and Staten Island touch tackle
10 league games.
11 Captain Drennan was known to
12 professional and personal friends as a model
13 husband and father; he and his courageous wife,
14 Alvina, were blessed with four children -
15 Jessica, Adrienne, Justine and John Joseph, III;
16 now, therefore, be it
17 Resolved, that this Legislative
18 Body pause in its deliberation to commend the
19 courageous life and achievements of Captain John
20 J. Drennan, Jr., of the New York City Fire
21 Department; and be it further
22 Resolved, that this Legislative
23 Body extend its heartfelt sympathies to the
3459
1 families of Firemen James Young and Christopher
2 Seidenburg, along with the gratitude of the
3 citizens of New York for the countless acts of
4 heroic devotion to duty performed in the public
5 interest every day; and be it further
6 Resolved, that copies of this
7 resolution, suitably engrossed, be transmitted
8 to Mrs. Alvina Drennan and her family, and to
9 the families of Firemen James Young and
10 Christopher Siedenburg.
11 ACTING PRESIDENT FARLEY: Senator
12 Marchi on the resolution.
13 SENATOR MARCHI: Mr. President.
14 I know that the community of Staten Island was
15 profoundly shocked with the death of this
16 extraordinary and valorous individual. Not only
17 for the experience that he went through and the
18 deeds that he had accomplished but he was so
19 intimately involved in the life of the community
20 that it was like a member of the family,
21 everyone's family, having suffered a great
22 personal loss.
23 It's a further tribute to the
3460
1 ready disposition and availability of our fire
2 fighters, who are always available, constantly
3 available, making even the supreme sacrifice
4 even against the greatest odds if it means the
5 slightest possibility of saving death and
6 assisting people in great need because of a
7 calamity, the likes of which they experience
8 many times over.
9 There is considerable work going
10 on in developing protective clothing that will
11 not only enable survivorship under these
12 circumstances but will also not be limiting, and
13 it would appear that that equipment is almost at
14 hand now, and the equipment would not be
15 limiting in the exercise of physical exertion or
16 faculties and at the same time afford protection
17 even under the very -- most extreme heat.
18 I don't know if many of you have
19 ever gone to fire control school, maybe in the
20 service or what not, but you get into heat
21 exceeding a thousand degrees. It is possible to
22 survive but it is -- the hazard is there, and
23 certainly people like Captain Drennan
3461
1 commends -- commends his sacrifice to the
2 community that he served in a very special way.
3 So anyone that wants to join in
4 the resolution, I'm sure will be welcome.
5 ACTING PRESIDENT FARLEY: The
6 resolution is open to anyone that wishes to
7 sponsor.
8 SENATOR PRESENT: Mr. President.
9 ACTING PRESIDENT FARLEY: Yes.
10 SENATOR PRESENT: Why don't we
11 follow the procedure we set and provide
12 everybody be a sponsor of this resolution with
13 the exception of those who decline.
14 ACTING PRESIDENT FARLEY: Yes.
15 See the desk if you don't care to be on the
16 resolution.
17 No. We didn't adopt it yet.
18 All in favor of the resolution
19 say aye.
20 (Response of "Aye.")
21 Those opposed, nay.
22 (There was no response.)
23 The resolution is adopted.
3462
1 Senator Present.
2 SENATOR PRESENT: Would you
3 recognize Senator Goodman, please.
4 ACTING PRESIDENT FARLEY: Senator
5 Goodman.
6 SENATOR GOODMAN: Mr. President.
7 On February 26, 1994, the city, state, and
8 nation lost an extraordinary pioneer in the
9 field of audio design and a noted philanthropist
10 and patron of the arts who gave generously of
11 his wealth to support innumerable arts
12 institutions and many individual artists.
13 His name is one which will be
14 familiar to all of us -- Avery Fisher. I dare
15 say virtually everyone in this room at one time
16 or another has been in the Avery Fisher Hall at
17 Lincoln Center which is named after the
18 gentleman to whom I'm referring, who had unique
19 pioneering skills in inventing a series of
20 transistorized radio receivers and record
21 players that brought the term "high fidelity" to
22 it's true meaning in the 1960s, '70s and '80s.
23 Upon perfecting this design and
3463
1 having the good fortune to prosper to an
2 extraordinary degree in the furtherance of the
3 Fisher Audio Component Company, Mr. Fisher sold
4 his company and then turned his efforts, as he
5 put it, to repaying his debt. In doing this, he
6 supported innumerable noted musicians these
7 included such famed names as Andre Watts, Murray
8 Perahia, Richard Goode, Emanuel Ax and Horacio
9 Gutierrez, Yo-Yo Ma, Lynn Harrell and violinist
10 Elmar Oliveira, and clarinetist Richard
11 Stoltzman.
12 Mr. President, Avery Fisher made
13 a gift of $10.5 million toward the renovation
14 and maintenance of the Philharmonic Hall at
15 Lincoln Center, and it was in recognition of
16 that great generosity that the hall was renamed
17 the Avery Fisher Hall.
18 May I just say on a personal
19 note, it had been my privilege to know and to
20 see Mr. Fisher on a number of occasions
21 involving the arts in New York City, and one of
22 the striking features of this unique man was his
23 great sense of humor. He was a man of
3464
1 humility. He had a common touch. He loved his
2 fellow musicians and he loved his fellow human
3 beings, and there could have been nothing that
4 brought him greater pleasure than to sit in the
5 hall named after him on innumerable occasions
6 listening to the some of the greatest concerts
7 of these past decades.
8 Mr. President. I would like to
9 move this resolution, waive its reading, and ask
10 the Senate to unanimously salute an
11 extraordinary individual and a great patron of
12 the arts.
13 ACTING PRESIDENT FARLEY:
14 Secretary will read the title of the resolution.
15 THE SECRETARY: Legislative
16 Resolution, by Senator Goodman, honoring the
17 life and accomplishments of Avery Fisher.
18 ACTING PRESIDENT FARLEY: All in
19 favor of the resolution, say aye.
20 (Response of "Aye.")
21 Those opposed, nay.
22 (There was no response.)
23 The resolution is adopted.
3465
1 Is the resolution open, Senator
2 Goodman?
3 SENATOR GOODMAN: Yes, indeed, it
4 is, Mr. President.
5 ACTING PRESIDENT FARLEY: The
6 resolution is open. Everyone on it?
7 SENATOR PRESENT: The same
8 procedure we've established.
9 ACTING PRESIDENT FARLEY: Same
10 procedure. If you do not wish to be on the
11 Avery Fisher resolution, notify the desk.
12 Senator Daly.
13 SENATOR DALY: Mr. President. On
14 behalf of Senator Libous, please place a sponsor
15 star on Calendar Numbers 806, 853, 854 and 856.
16 ACTING PRESIDENT FARLEY: The
17 bills are starred.
18 SENATOR DALY: Mr. President. I
19 move that the following bill be discharged from
20 their respective committees and be recommitted
21 with instructions to strike the enacting
22 clause: Senate 5081.
23 ACTING PRESIDENT FARLEY: Without
3466
1 objection.
2 Senator Present.
3 SENATOR PRESENT: Would you
4 recognize Senator Waldon, please.
5 ACTING PRESIDENT FARLEY: Senator
6 Waldon.
7 SENATOR WALDON: Thank you very
8 much, Senator Present.
9 Mr. President. My colleagues.
10 We have with us today the very distinguished
11 Assemblywoman from the Rockaways, the Honorable
12 Audrey Pheffer, and she has been kind enough to
13 escort Deacon Hitter and 36 children, 36
14 outstanding young children, so that we know the
15 future of this country is going to be in great
16 hands, from St. Francis De Salle School in that
17 part of the district that I serve known as the
18 Rockaways.
19 These are fourth graders soon to
20 be college seniors, I'm sure, and I would like
21 my colleagues to look into the gallery and see
22 their beautiful faces, to see their attentive
23 looks as they pay attention to the proceedings
3467
1 of this august body.
2 And I wish that each would join
3 me in welcoming them to Albany and to the
4 Senate.
5 (Applause.)
6 Thank you very much, Mr.
7 President.
8 ACTING PRESIDENT FARLEY: On
9 behalf of the Senate, let me welcome you fourth
10 graders to the Senate. We're pleased to have
11 you here. Come back and visit us again.
12 SENATOR WALDON: Thank you, Mr.
13 President.
14 ACTING PRESIDENT FARLEY: Senator
15 Present.
16 SENATOR PRESENT: I think we're
17 ready for the noncontroversial calendar.
18 ACTING PRESIDENT FARLEY: We have
19 some substitutions.
20 SENATOR PRESENT: Mr. Cornell has
21 some substitutions.
22 ACTING PRESIDENT FARLEY: If we
23 may do those first.
3468
1 Secretary will read the
2 substitutions.
3 THE SECRETARY: On page 4 of
4 today's calendar, Senator Cook moves to
5 discharge the Committee on Health from Assembly
6 Bill Number 10090 and substitute it for the
7 identical Calendar Number 904.
8 ACTING PRESIDENT FARLEY:
9 Substitution ordered.
10 THE SECRETARY: On page 6,
11 Senator Velella moves to discharge the Committee
12 on Finance from Assembly Bill Number 5972B and
13 substitute it for the identical Calendar Number
14 923.
15 ACTING PRESIDENT FARLEY:
16 Substitution ordered.
17 THE SECRETARY: Senator Tully
18 moves to discharge the Committee on Finance from
19 Assembly Bill Number 6862C and substitute it for
20 the identical Calendar Number 924.
21 ACTING PRESIDENT FARLEY:
22 Substitution ordered.
23 THE SECRETARY: On page 7,
3469
1 Senator Marchi moves to discharge the Committee
2 on Finance from Assembly Bill Number 9288 and
3 substitute it for the identical Calendar Number
4 928.
5 ACTING PRESIDENT FARLEY:
6 Substitution ordered.
7 THE SECRETARY: On page 8,
8 Senator Johnson moves to discharge the Committee
9 on Finance from Assembly Bill Number 9380A and
10 substitute it for identical Calendar Number 935.
11 ACTING PRESIDENT FARLEY:
12 Substitution ordered.
13 THE SECRETARY: Senator Stafford
14 moves to discharge the Committee on Finance from
15 Assembly Bill Number 10022 and substitute it for
16 identical Calendar Number 937.
17 ACTING PRESIDENT FARLEY:
18 Substitution ordered.
19 THE SECRETARY: On page 8,
20 Senator Farley moves to discharge Committee on
21 Finance from Assembly Bill Number 10487 and
22 substitute it for identical Calendar Number 939.
23 ACTING PRESIDENT FARLEY:
3470
1 Substitution ordered.
2 THE SECRETARY: On page 9,
3 Senator Seward moves to discharge the Committee
4 on Energy from Assembly Bill Number 562A and
5 substitute it for the identical Calendar Number
6 947.
7 ACTING PRESIDENT FARLEY:
8 Substitution ordered.
9 THE SECRETARY: On page 10,
10 Senator Solomon moves to discharge the Committee
11 on Judiciary from Assembly Bill Number 8483 and
12 substitute it for the identical Calendar Number
13 960.
14 ACTING PRESIDENT FARLEY:
15 Substitution ordered.
16 THE SECRETARY: On page 12,
17 Senator Maltese moves to discharge the Committee
18 on Crime Victims, Crime and Correction from
19 Assembly Bill Number 169 and substitute it for
20 the identical Calendar Number 974.
21 ACTING PRESIDENT FARLEY:
22 Substitution ordered.
23 THE SECRETARY: On page 13,
3471
1 Senator Oppenheimer moves to discharge the
2 Committee on Veterans from Assembly Bill Number
3 9826 and substitute it for the identical
4 Calendar Number 982.
5 ACTING PRESIDENT FARLEY:
6 Substitution ordered.
7 THE SECRETARY: On page 16,
8 Senator Stavisky moves to discharge the
9 Committee on Transportation from Assembly Bill
10 Number 3908A and substitute it for the identical
11 number 1000.
12 ACTING PRESIDENT FARLEY:
13 Substitution ordered.
14 THE SECRETARY: On page 19,
15 Senator Levy moves to discharge the Committee on
16 Transportation from Assembly Bill Number 9241
17 and substitute it for the identical Calendar
18 Number 1025.
19 ACTING PRESIDENT FARLEY:
20 Substitution ordered.
21 THE SECRETARY: On page 19,
22 Senator Levy moves to discharge the Committee on
23 Transportation from Assembly Bill Number 2235A
3472
1 and substitute it for the identical Calendar
2 Number 1028.
3 ACTING PRESIDENT FARLEY:
4 Substitution ordered.
5 Noncontroversial.
6 THE SECRETARY: On page 34,
7 Calendar Number 596, by Senator Daly, Senate
8 Bill Number 6899B, an act to amend the Insurance
9 Law and the Workers' Compensation Law.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 58.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 654, by Senator Hannon.
22 SENATOR GOLD: With the consent
23 of the sponsor, may we lay that over for the
3473
1 day, please?
2 ACTING PRESIDENT FARLEY: Lay the
3 bill aside. He's not here.
4 Senator Present, do you want to
5 lay it aside for the day?
6 SENATOR PRESENT: For the day.
7 ACTING PRESIDENT FARLEY: For the
8 day.
9 THE SECRETARY: Calendar Number
10 663, by Member of the Assembly Pheffer, Assembly
11 Bill Number 825, an act to amend the Insurance
12 Law, in relation to notice of the availability
13 of uninsured motorist coverage.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT FARLEY: The
23 bill is passed.
3474
1 THE SECRETARY: Calendar Number
2 691, by Senator Volker, Senate Bill Number 7414,
3 an act to amend the Penal Law and the
4 Administrative Code of the City of New York.
5 SENATOR GOLD: Lay it aside.
6 ACTING PRESIDENT FARLEY: Lay it
7 aside.
8 THE SECRETARY: Calendar Number
9 699, by Senator Volker, Senate Bill Number 7574,
10 an act to amend the Criminal Procedure Law, in
11 relation to corrective remedies.
12 ACTING PRESIDENT FARLEY: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT FARLEY: I'm
20 sorry, Senator Gold, what -
21 SENATOR GALIBER: I asked for it.
22 ACTING PRESIDENT FARLEY: Senator
23 Espada in the negative.
3475
1 SENATOR GALIBER: No, no, no,
2 no. I ask that the bill be laid aside.
3 ACTING PRESIDENT FARLEY: Senator
4 Leichter is in the negative.
5 SENATOR GALIBER: No. Let me try
6 again.
7 ACTING PRESIDENT FARLEY: Do you
8 want to lay it aside?
9 SENATOR GALIBER: Yes, I asked
10 that the bill be laid aside.
11 ACTING PRESIDENT FARLEY: I'm
12 sorry. I didn't hear you. Lay the bill aside.
13 THE SECRETARY: Calendar Number
14 727, by Senator Hannon.
15 SENATOR GOLD: With the consent
16 of the sponsor, will you please lay it aside for
17 the day. He has already told me.
18 SENATOR PRESENT: Lay it aside
19 for the day.
20 ACTING PRESIDENT FARLEY: Lay it
21 aside for today.
22 THE SECRETARY: Calendar Number
23 733, by Senator Cook, Senate Bill Number 4754A,
3476
1 to grant permanent competitive Civil Service
2 status to a certain employee.
3 ACTING PRESIDENT FARLEY: There
4 is a home rule message here at the desk.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 57. Nays
12 1. Senator Leichter -
13 SENATOR GALIBER: Can you
14 withdraw the roll call? I'm awful sorry. Lay
15 that bill aside.
16 ACTING PRESIDENT FARLEY:
17 Withdraw the roll call. Lay the bill aside.
18 THE SECRETARY: Calendar Number
19 750, by Senator Tully, Senate Bill Number 1015B.
20 SENATOR GOLD: Lay it aside.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
3477
1 757, by Senator Stafford.
2 SENATOR OPPENHEIMER: Lay it
3 aside.
4 ACTING PRESIDENT FARLEY: Lay it
5 aside.
6 THE SECRETARY: Calendar Number
7 758, by Senator Cook, Senate Bill Number 2279,
8 an act to amend the Highway Law.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 58.
17 ACTING PRESIDENT FARLEY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 773, by Senator Saland.
21 SENATOR MENDEZ: Lay it aside.
22 SENATOR GOLD: Lay it aside for
23 the day.
3478
1 ACTING PRESIDENT FARLEY: Lay it
2 aside.
3 SENATOR GOLD: Sponsor agreed to
4 lay it aside for the day.
5 ACTING PRESIDENT FARLEY: For the
6 day.
7 SENATOR PRESENT: Lay it aside.
8 THE SECRETARY: Calendar Number
9 787, by Senator Cook, Senate Bill Number 7697,
10 an act to amend the Education Law and the Public
11 Health Law.
12 SENATOR GOLD: Senator Cook, lay
13 that aside for the day, please.
14 SENATOR COOK: Sure.
15 SENATOR GOLD: Thank you very
16 much.
17 ACTING PRESIDENT FARLEY: Lay it
18 aside for the day.
19 THE SECRETARY: Calendar Number
20 804, by Senator Lack, Senate Bill Number 1322B,
21 an act to amend the Labor Law, in relation to
22 enacting the Advanced Technology Act of 1994.
23 ACTING PRESIDENT FARLEY: Read
3479
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FARLEY: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 58.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 804. In relation to Calendar Number 804: Ayes
12 57. Nays 1. Senator Libous recorded in the
13 negative.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 805, by Senator Spano, Senate Bill Number 2028A,
18 an act to amend the Labor Law, in relation to
19 the amount of unemployment benefits payable.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
3480
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 58.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 807, by Senator Spano, Senate Bill Number 5207A,
9 an act to amend the Workers' Compensation Law.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 58.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 808, by Senator Spano, Senate Bill Number 7011,
22 an act to amend the Labor Law, in relation to
23 the time allowed for meal periods.
3481
1 ACTING PRESIDENT FARLEY: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FARLEY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 58.
9 ACTING PRESIDENT FARLEY: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 816, by Senator Saland, Senate Bill Number
13 5765B, authorizing the Town of Wappinger, County
14 of Dutchess, to discontinue the use of land.
15 ACTING PRESIDENT FARLEY: There
16 is a home rule message here at the desk.
17 You can read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT FARLEY: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 58.
3482
1 ACTING PRESIDENT FARLEY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 818, by Senator Skelos, Senate Bill Number 6344A
5 General Municipal Law, in relation to
authorizing
6 an early bird Bingo game.
7 ACTING PRESIDENT FARLEY: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT FARLEY: Call
12 the roll.
13 SENATOR PADAVAN: Lay it aside.
14 ACTING PRESIDENT FARLEY: Lay the
15 bill aside. Withdraw the roll.
16 SENATOR PRESENT: Lay it aside
17 for the day.
18 ACTING PRESIDENT FARLEY: Lay it
19 aside for the day.
20 THE SECRETARY: Calendar Number
21 823, by Senator Stafford, Senate Bill Number
22 7023, authorizing the Town of Waverly, County of
23 Franklin, to discontinue use of and transfer
3483
1 certain parklands.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 58.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 833, by Senator Maltese, Senate Bill Number
14 1648, an act to amend the Correction Law.
15 SENATOR GOLD: Lay it aside.
16 ACTING PRESIDENT FARLEY: Lay it
17 aside.
18 THE SECRETARY: Calendar Number
19 834, by Member of the Assembly Ramirez, Assembly
20 Bill Number 7960.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
3484
1 852, by Senator Libous, Senate Bill Number 7039,
2 an act to amend the Mental Hygiene Law.
3 ACTING PRESIDENT FARLEY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT FARLEY: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 57. Nays
11 1. Senator Kuhl recorded in the negative.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 861, by Senator Nozzolio, Senate Bill Number
16 7669, an act to amend the Election Law, in
17 relation to combining election districts.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Call
23 the roll.
3485
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 58.
3 ACTING PRESIDENT FARLEY: That
4 bill is passed.
5 Senator Present, that's the first
6 time through.
7 SENATOR PRESENT: Mr. President.
8 Let's take up the controversial calendar.
9 ACTING PRESIDENT FARLEY: Before
10 we do that -- Senator Kuhl.
11 SENATOR KUHL: Yes, Mr.
12 President. I would like unanimous consent to be
13 recorded in the negative on Calendar Number 663
14 and also Calendar Number 807.
15 ACTING PRESIDENT FARLEY: Senator
16 Kuhl will be recorded in the negative on
17 Calendar 663 and Calendar 807.
18 SENATOR KUHL: Thank you, Mr.
19 President.
20 ACTING PRESIDENT FARLEY: Senator
21 Wright.
22 SENATOR WRIGHT: Mr. President.
23 On behalf of Senator Skelos, I would ask the
3486
1 star be removed on number 317.
2 ACTING PRESIDENT FARLEY: The
3 star is removed at the request of the sponsor.
4 Controversial.
5 THE SECRETARY: On page 39,
6 Calendar Number 691, by Senator Volker, Senate
7 Bill Number 7414, an act to amend the Penal Law
8 and the Administrative Code of the City of New
9 York.
10 SENATOR MALTESE: It's laid aside
11 for the day.
12 ACTING PRESIDENT FARLEY: Lay it
13 aside for today.
14 SENATOR MALTESE: I'm sorry.
15 ACTING PRESIDENT FARLEY: Senator
16 Maltese.
17 SENATOR GOLD: Mr. President.
18 ACTING PRESIDENT FARLEY: Senator
19 Gold.
20 SENATOR GOLD: Yes. Senator
21 Maltese was kind enough to agree to put over a
22 different bill for Senator Galiber, but this
23 one, if he wants to explain it, we can go with
3487
1 it right now.
2 ACTING PRESIDENT FARLEY: Senator
3 Maltese, Calendar 699, for Senator Volker.
4 SENATOR MALTESE: No.
5 ACTING PRESIDENT FARLEY: I'm
6 sorry. 691. I apologize. It's also on behalf
7 of Senator Volker.
8 SENATOR MALTESE: This bill would
9 exempt from the fee for license as a gunsmith
10 dealer in firearms or for license to have and
11 carry a concealed pistol for any qualified
12 retired bridge and tunnel officer, sergeant or
13 lieutenant of the Triborough Bridge and Tunnel
14 Authority or a qualified retired uniform court
15 officer. This follows a prior amendment to the
16 law that exempted or waived all fees for retired
17 police officers. And basically the
18 justification is that all these positions -
19 SENATOR GOLD: Mr. President.
20 ACTING PRESIDENT FARLEY: Senator
21 Gold, why do you rise?
22 SENATOR GOLD: I think we have
23 heard a good explanation. I just wanted to tell
3488
1 the members that this bill apparently was vetoed
2 by the Governor. Last year, there was a memo in
3 opposition by the city, and they repeated that
4 memo in opposition today; however, I believe
5 last year when it did pass and went to the
6 Governor, it was 57 to 1 with only one member in
7 the negative -- Senator Leichter.
8 If there is nothing else to say,
9 we can just take a vote on it.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 56. Nays 2.
18 Senators Goodman and Leichter recorded in the
19 negative.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 699, by Senator Volker.
3489
1 SENATOR GOLD: Lay it aside for
2 one day.
3 SENATOR PRESENT: Lay it aside.
4 ACTING PRESIDENT FARLEY: Lay it
5 aside for the day.
6 THE SECRETARY: Calendar Number
7 733, by Senator Cook, Senate Bill Number 4754A,
8 to grant permanent competitive Civil Service
9 status to a certain employee.
10 ACTING PRESIDENT FARLEY: There
11 is a home rule message here at the desk.
12 SENATOR PRESENT: Lay it aside
13 temporarily and come back to it.
14 ACTING PRESIDENT FARLEY: Lay it
15 aside temporarily.
16 SENATOR PADAVAN: Mr. President.
17 ACTING PRESIDENT FARLEY: Senator
18 Padavan.
19 SENATOR PADAVAN: By unanimous
20 consent may I be recorded in the negative on
21 Calendar Number 807, please.
22 ACTING PRESIDENT FARLEY: 807,
23 Senator Padavan will be in the negative.
3490
1 THE SECRETARY: Calendar Number
2 750, by Senator Tully, Senate Bill Number 1015B,
3 an act to amend the Public Health Law, in
4 relation to utilization review agents.
5 SENATOR GOLD: Senator Tully
6 yield to one question?
7 SENATOR TULLY: Yes, Mr.
8 President.
9 SENATOR GOLD: Senator, this one,
10 I believe we passed this unanimously last year?
11 SENATOR TULLY: M-m h-m-m.
12 SENATOR GOLD: Was the opposition
13 that is on the bill this year registered last
14 year?
15 SENATOR TULLY: No, until -- as a
16 matter of fact, that's a good question. Mr.
17 President. Senator Gold. Until May 2nd, the
18 only opposition I was aware of came from Empire
19 Blue Cross and Blue Shield. And we just
20 received a memo from several consumer groups who
21 had not opposed nor had they made any comments
22 on this bill in the last two and a half years.
23 So it's a -- the points are
3491
1 really highly debatable, and the fact that the
2 memo was prepared by persons who hadn't
3 discussed this bill with my office is very
4 clear. It's a very unusual method of opposition
5 in my opinion.
6 SENATOR GOLD: Well, if the
7 Senator will yield to a question. My notes
8 indicate that the National Association of Social
9 Workers supports it; the Health Care Association
10 supports it, the Medical Society; but there are
11 now some groups that have filed in opposition.
12 Has there been any contact with
13 your office with these groups to discuss it?
14 SENATOR TULLY: None whatsoever,
15 Senator. Mr. President, none whatsoever.
16 SENATOR GOLD: Just for the
17 purposes of the record. I mean we've got the
18 Center for the Medical Consumers, Citizens
19 Action, National Center for Patients Rights,
20 NYPIRG, New York Statewide Senior Action
21 Council, Nursing Home Committee Coalition, Blue
22 Cross-Blue Shield, all of which apparently now
23 have filed something in opposition. Is that
3492
1 correct, Senator?
2 SENATOR TULLY: That's correct.
3 Mr. President. I might indicate that -
4 ACTING PRESIDENT FARLEY: Senator
5 Tully.
6 SENATOR TULLY: -- while you've
7 read some of the opposition, in support on the
8 other hand is the Medical Society of the State
9 of New York, the Health Care Association of New
10 York State, the Greater New York Hospital
11 Association, the Nassau-Suffolk Hospital
12 Council, the Value Behaviorial Psych -- Health,
13 rather, formerly American Psych Management,
14 Nassau County Psychological Association, the
15 National Association of Social Workers, the
16 American College of Gynecologists, the Four
17 Winds Hospital, Legal Action Center, and a very,
18 very famous place, Senator Gold, the Tully-Hill
19 Alcoholism and Drug Treatment Center.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect April 1, 1995.
3493
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 58.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: I request
9 unanimous consent to be recorded in the negative
10 on 663 and 807, please.
11 ACTING PRESIDENT FARLEY: Without
12 objection.
13 THE SECRETARY: Calendar Number
14 757, by Senator Stafford, Senate Bill Number
15 435, an act to amend the Highway Law, in
16 relation to prohibiting abandonment of Crane
17 Pond Road in the Town of Schroon.
18 ACTING PRESIDENT FARLEY: Senator
19 Oppenheimer.
20 SENATOR OPPENHEIMER: This bill
21 has been before us on many other occasions. It
22 would specifically override the state land
23 master plan for the Adirondacks. It would throw
3494
1 into doubt our commitment to wilderness areas.
2 This area which is the Pharaoh Mountain area is
3 classified as wilderness in our state land
4 master plan, and this classification does not
5 allow for motor vehicles.
6 SENATOR STAFFORD: Would the
7 Senator from -- excuse me.
8 SENATOR OPPENHEIMER: That's all
9 right.
10 This classification does not
11 allow for motorized vehicles in the area.
12 Actually about half of the Adirondack area is
13 considered wild forest which does permit motor
14 vehicles.
15 SENATOR STAFFORD: Mr.
16 President. I apologize.
17 ACTING PRESIDENT FARLEY: Senator
18 Stafford.
19 SENATOR STAFFORD: I apologize,
20 but I would ask the Senator from Westchester,
21 have you ever been in the Crane Pond area?
22 SENATOR OPPENHEIMER: No, I
23 haven't.
3495
1 SENATOR STAFFORD: Well, I have,
2 and it's interesting. You can stand in the
3 middle of it and hear the cars on the Northway.
4 That's how much sense it makes for this to be
5 wilderness area.
6 SENATOR OPPENHEIMER: Thank you,
7 Senator. In dividing up the Adirondacks into
8 wild areas and wilderness areas, the object was
9 to try and provide for wilderness areas that
10 were close into the population centers for
11 precisely the reason that people in more
12 compacted areas where there is more density need
13 to have the ability to go back to nature and to
14 have the calming effects of wilderness.
15 So this is very threatening to
16 the state land master plan and to the parks
17 regulatory scheme and, therefore, I would urge
18 us to vote against this bill.
19 In the past, last year, the
20 following Senators voted against the bill:
21 Dollinger, Espada, Gold, Jones, Leichter,
22 Montgomery, Ohrenstein, Oppenheimer and John
23 Sheffer, who isn't here.
3496
1 SENATOR GOLD: Last section.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Those recorded in
10 the negative on Calendar Number 757 are Senators
11 Connor, Dollinger, Espada, Gold, Goodman,
12 Leichter, Markowitz, Ohrenstein, Onorato and
13 Oppenheimer. Ayes 48. Nays 10.
14 ACTING PRESIDENT FARLEY: That
15 bill is passed.
16 Senator Present.
17 SENATOR PRESENT: Can we go back
18 to Senator Cook's bill, Calendar 733.
19 ACTING PRESIDENT FARLEY: 733.
20 Before we go back, Senator
21 Seward.
22 SENATOR SEWARD: Yes, Mr.
23 President. I was out of the chamber at the time
3497
1 that Calendar 663 and Calendar 807 passed, and I
2 ask unanimous consent to be recorded in the
3 negative on those two bills.
4 ACTING PRESIDENT FARLEY: Without
5 objection, you will be in the negative.
6 Senator Cook's bill.
7 THE SECRETARY: Calendar Number
8 733, by Senator Cook, Senate Bill Number 4754A,
9 to grant permanent competitive Civil Service
10 status to a certain employees.
11 SENATOR GALIBER: Explanation.
12 SENATOR GOLD: Mr. President.
13 Senator Cook yield to one question?
14 SENATOR COOK: Yes.
15 SENATOR GOLD: Senator, you have
16 been with us as we have gone through the rigors
17 on these issues, and, finally, we wind up with a
18 bill, under the leadership of Senator Trunzo,
19 which we believed set up a procedure, and
20 Senators Leichter and Galiber and myself and
21 some others were wondering why this person would
22 not be eligible to take advantage of the
23 procedures that we set up by statute.
3498
1 SENATOR COOK: Senator Gold.
2 Mr. President.
3 ACTING PRESIDENT FARLEY: Senator
4 Cook.
5 SENATOR COOK: Senator Gold.
6 This isn't a retirement bill. This is a
7 situation where -- and, coincidently, not that
8 it will mean anything, but it was requested by
9 the prior Republican administration and also by
10 the present Democrat administration of the
11 village.
12 SENATOR GOLD: Senator, you may
13 be giving me the answer. In other words,
14 Senator, you're telling me that the
15 administrative procedure that we set up would
16 not be available with this kind of a request.
17 SENATOR COOK: This is not a
18 retirement.
19 SENATOR GOLD: I know it isn't.
20 SENATOR COOK: So that procedure
21 is not available.
22 SENATOR GALIBER: I just want an
23 explanation.
3499
1 SENATOR COOK: The explanation is
2 that this particular individual was appointed in
3 1985 as the building inspector, has been serving
4 since that time apparently to the satisfaction
5 -- and that's why I said that both parties had
6 requested this -- has apparently been serving to
7 the satisfaction of everybody since that period
8 of time.
9 At some point, the county Civil
10 Service Department came to the village and said
11 they had to fire this guy and take somebody off
12 their existing list. The village is not adverse
13 to hiring their next building inspector off the
14 list if, indeed, the rule has now changed, but
15 they really don't think they ought to have to
16 fire the guy that's been working satisfactory
17 for them all these years and to hire somebody
18 else.
19 SENATOR GALIBER: Senator yield
20 to a question? It's a question with a kind of
21 analogy. In the City of New York, we have what
22 they call a provisional list. Sometimes those
23 provisional persons are on the list for ten
3500
1 years, fifteen years. I think the court
2 officers some years ago went through this.
3 There comes a time when we post an exam, and
4 those persons who pass the exam are now in line
5 for those jobs; therefore, the provisionals have
6 to be laid off.
7 Is this a comparable situation
8 where a person has not passed an examination? A
9 test has been given. There now is a list. And
10 because that particular person with the
11 endorsement of both parties or with the okay or
12 approval or not objecting who are saying, "We
13 are going to bypass the Civil Service rules and
14 regulations as applies to provisionals and make
15 this person, by operation of law, permanent,
16 which bypasses the rules."
17 SENATOR COOK: Senator, it is -
18 SENATOR GALIBER: Same thing?
19 SENATOR COOK: Senator, it is not
20 quite the same thing, because the person was
21 never a provisional. The person was, in effect,
22 an exempt. He was not in a position that at the
23 time that he was appointed in 1985 required him
3501
1 to have Civil Service status. He was an
2 appointee of -
3 SENATOR GALIBER: Would you yield
4 to another question.
5 SENATOR COOK: Yes.
6 SENATOR GALIBER: If you tell us
7 it is so -- if you say so, it is so -- that the
8 Republicans and the Democrats both agree, why
9 can't he maintain his exempt status?
10 SENATOR COOK: Well, because the
11 County Civil Service Department has now told the
12 village that they will no longer honor him on
13 the payroll without some kind of legislation to,
14 in effect, grandfather him in.
15 SENATOR GALIBER: That's almost
16 the provisional category that I mentioned
17 before.
18 SENATOR COOK: Well, except that
19 he was never appointed as a provisional.
20 SENATOR GALIBER: That's a
21 procedural matter.
22 SENATOR COOK: Well, no, it
23 isn't, Senator. The difference is that when
3502
1 you're -
2 SENATOR GALIBER: If I may.
3 ACTING PRESIDENT FARLEY: Senator
4 Galiber.
5 SENATOR GALIBER: I'm sorry. No,
6 I was -- we're moving this back and forth.
7 ACTING PRESIDENT FARLEY: I know.
8 SENATOR COOK: The difference,
9 Senator, is that when you are appointed a
10 provisional, you are appointed to a civil
11 service position on a provisional basis until
12 such time as a list is developed.
13 When this person was appointed,
14 it was an exempt position. So there was no
15 list. And, in fact, he never had any
16 expectation of being on the list; and when,
17 apparently, an examination was given by the
18 county at some point to develop a list, he
19 didn't even realize that he had to be on it
20 because he had been serving all these years; and
21 assumed, naturally, that since he was already
22 there, he wasn't going to have to be on the
23 Civil Service list.
3503
1 SENATOR GALIBER: Okay.
2 SENATOR COOK: But it is the
3 point that he was at the time an exempt position
4 but not a provisional position.
5 SENATOR GALIBER: But he -
6 ACTING PRESIDENT FARLEY: Senator
7 Galiber.
8 SENATOR GALIBER: Yes. One
9 further question. But, in effect, what he is
10 doing is that there now has been posted an exam.
11 SENATOR COOK: Now has been
12 posted a list. A list.
13 SENATOR GALIBER: Okay. And the
14 list is there as a result of an exam, I would
15 imagine.
16 SENATOR COOK: Yes.
17 SENATOR GALIBER: So, therefore,
18 those persons who are now eligible to fulfill
19 that exempt job, and what we're attempting to do
20 here is to say for past service, or whatever the
21 case may be, that you want by operation of law
22 to make him permanent without -- put him on the
23 list without examination.
3504
1 SENATOR COOK: Mr. President. To
2 be absolutely frank about it, yes, my suspicion
3 is that the list is a countywide list. There
4 may well not be anybody even from that village.
5 They may be able to do it by simply saying it
6 has to be somebody from the village; however, I
7 don't think that still passes that -- deals with
8 the Civil Service Commission's requirement that
9 it be somebody off the Civil Service list list.
10 What we're basically saying is
11 they've changed the rules in the middle of the
12 game on the guy. He served for almost ten years
13 in a position that was supposed to be exempt,
14 where he never expected he was going to have to
15 take an examination. All of a sudden, they've
16 come out with a list and they're being told
17 you've got to fire this guy because he didn't
18 appear on the list.
19 SENATOR GALIBER: Ulster County?
20 SENATOR COOK: Sullivan County.
21 ACTING PRESIDENT FARLEY: Senator
22 Connor.
23 SENATOR CONNOR: Yes. Mr.
3505
1 President. If the Senator would yield.
2 SENATOR COOK: Yes.
3 SENATOR CONNOR: Is it the case
4 that the job was reclassified?
5 SENATOR COOK: Yes, that's
6 exactly the situation.
7 SENATOR CONNOR: Aren't there
8 general law provisions in Civil Service Law
9 about what happens when a position which is
10 filled by an individual is reclassified from the
11 exempt to the competitive class?
12 SENATOR COOK: Senator, we
13 believe that. The village believed that.
14 Unfortunately, the county Civil Service
15 Commission doesn't believe that, and it's a
16 matter of controversy between the village and
17 the county at this point.
18 SENATOR CONNOR: If the Senator
19 will yield for a further question?
20 ACTING PRESIDENT FARLEY: I'm
21 sure he will.
22 SENATOR CONNOR: The point of my
23 question is, has this gone to court? Is there a
3506
1 need for legislation now? My belief is when
2 someone is serving in an exempt job and they
3 come along and reclassify not him but the job,
4 that you don't oust him; that that's for the
5 future.
6 SENATOR COOK: And that's exactly
7 what they're trying to do. I think, Senator,
8 the situation is that the county has basically
9 said, "If you get a bill, we will accept that";
10 otherwise, they are going to have to go into
11 court. It is, indeed, exactly what you have
12 described. They have had an exempt position;
13 they've reclassified.
14 SENATOR CONNOR: Mr. President.
15 Will the Senator yield for one further question?
16 SENATOR COOK: Yes.
17 SENATOR CONNOR: My point is that
18 if it's not clear that the general Civil Service
19 Law covers this situation, there's a dispute
20 between the county and the village, Senator, why
21 not amend the Civil Service Law and make it
22 clear that it's always been the intent of this
23 Legislature, not with regard to this one
3507
1 position or the one individual, that when a job
2 is classified in the Civil Service as exempt and
3 subsequently the Civil Service Commission comes
4 in and says, "We're going to make that part of
5 the competitive class," that you don't oust the
6 people who were legally appointed under the
7 Civil Service Law to the position when it was
8 exempt, a general provision that helps not just
9 this one individual but somebody somewhere else
10 in the state who falls in this same category?
11 SENATOR COOK: Mr. President.
12 ACTING PRESIDENT FARLEY: Senator
13 Cook.
14 SENATOR COOK: Senator Connor,
15 real answer? It'll probably take ten years to
16 get a general law. As you well know, we may be
17 able to deal with this situation short term. I
18 think that probably you're correct. We ought to
19 try to amend the Civil Service Law in general to
20 deal with that; but we've got a situation, we
21 want to deal with it, and that's in all
22 practical terms why we're doing it.
23 ACTING PRESIDENT FARLEY: There
3508
1 is a home rule message here at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FARLEY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 58.
9 ACTING PRESIDENT FARLEY: The
10 bill is passed.
11 SENATOR STACHOWSKI: Mr.
12 President. Can I have unanimous consent to be
13 recorded in the negative on Calendar Number 757
14 and 808?
15 ACTING PRESIDENT FARLEY: 757 and
16 808.
17 Senator Levy.
18 SENATOR LEVY: Request unanimous
19 consent to be recorded in the negative on 757.
20 ACTING PRESIDENT FARLEY: 757,
21 Senator Levy will be in the negative.
22 Senator Montgomery.
23 SENATOR MONTGOMERY: Yes. Mr.
3509
1 President. I would like unanimous consent to be
2 recorded in the negative on Calendar 757, also.
3 ACTING PRESIDENT FARLEY: 757,
4 Senator Montgomery is in the negative.
5 Senator Spano.
6 SENATOR SPANO: Mr. President.
7 Is Calendar 807 still in the house?
8 ACTING PRESIDENT FARLEY: Yes, it
9 is.
10 SENATOR SPANO: I'd like to move
11 that we reconsider the vote by which the bill
12 was passed.
13 ACTING PRESIDENT FARLEY: The
14 Secretary will call the roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 58.
18 ACTING PRESIDENT FARLEY: The
19 bill is before the house.
20 SENATOR SPANO: Please place a
21 sponsor star on the bill.
22 ACTING PRESIDENT FARLEY: Would
23 you star the bill for Senator Spano.
3510
1 SENATOR ONORATO: Mr. President.
2 ACTING PRESIDENT FARLEY: Senator
3 Onorato.
4 SENATOR ONORATO: May I have
5 unanimous consent to be recorded in the negative
6 on Calendar Number 808?
7 ACTING PRESIDENT FARLEY: 808,
8 Senator Onorato is in the negative.
9 Senator Connor.
10 SENATOR CONNOR: Thank you, Mr.
11 President. May I have unanimous consent to be
12 recorded in the negative on Calendar Number 808,
13 please?
14 ACTING PRESIDENT FARLEY: 808,
15 Senator Connor is in the negative.
16 SENATOR GOLD: Is 808 still in
17 the house?
18 ACTING PRESIDENT FARLEY: Yes, it
19 is.
20 SENATOR GOLD: I move to
21 reconsider the vote.
22 ACTING PRESIDENT FARLEY: That
23 was 807 that was reconsidered. This is 808.
3511
1 SENATOR GOLD: Yes.
2 ACTING PRESIDENT FARLEY: It's
3 still in the house.
4 SENATOR GOLD: What?
5 ACTING PRESIDENT FARLEY: No,
6 it's not. It's out of the house. 808 is out of
7 here.
8 SENATOR GOLD: Mr. President.
9 ACTING PRESIDENT FARLEY: Senator
10 Gold.
11 SENATOR GOLD: I think Senator
12 Spano has asked unanimous consent to explain his
13 vote on 808. Would anybody mind if he does
14 that?
15 ACTING PRESIDENT FARLEY: Senator
16 Spano, do you want to -- the bill is out of the
17 house.
18 SENATOR STAVISKY: Mr. President.
19 ACTING PRESIDENT FARLEY: Senator
20 Spano.
21 SENATOR SPANO: Mr. President.
22 I'm not sure how to handle it procedurally, but
23 I know there was a question relative to 808.
3512
1 And just with unanimous consent, I can make just
2 a quick statement on the bill, that the language
3 in this bill mirrors language that was contained
4 in a collective bargaining agreement with the
5 United Food and Commercial Workers. They've
6 signed off on the bill. There are no memos
7 against the bill. The food merchants and the
8 employees have both signed off on that passage.
9 Thank you, Mr. President.
10 ACTING PRESIDENT FARLEY: Senator
11 Stavisky.
12 SENATOR STAVISKY: Mr.
13 President. Without objection, unanimous consent
14 to be recorded in the negative on 757.
15 ACTING PRESIDENT FARLEY: 757,
16 Senator Stavisky is in the negative.
17 Senator Stachowski.
18 SENATOR STACHOWSKI: Could
19 Senator Spano yield for a question?
20 ACTING PRESIDENT FARLEY: Without
21 objection, I guess so.
22 SENATOR STACHOWSKI: I know you
23 made a brief statement. For the edification of
3513
1 people on our side, if you recall when this bill
2 passed in committee that we had some concern
3 about -- and, I don't know, I think we did it
4 without recommendation in committee, just
5 because there was a concern. And I can't
6 remember which union had the concern, because my
7 counsel from the Labor Committee's father passed
8 away, and she's not available. There was a
9 problem because the full-time employees -- there
10 was a problem because full-time employees felt
11 they were being discriminated against in this
12 legislation because now part-timers didn't have
13 to be -- they could be at work at any point and
14 still get a lunch period. It was something of
15 that nature, and I can't remember the entire
16 piece that I had on that. And, unfortunately,
17 she's not around and that's why we have that
18 problem, and you're catching the negative votes.
19 SENATOR SPANO: Mr. President.
20 On the day we passed the bill and up until
21 today, we've received no memos of opposition.
22 No one has expressed any concern to us.
23 We have memos in support from the
3514
1 Food Merchants, the Retail Council, and we
2 reached out to United Food and Commercial
3 Workers Union and they support this bill because
4 it does comply with the language that they
5 bargained with as part of the collective
6 bargaining.
7 SENATOR STACHOWSKI: Mr.
8 President. Can I ask another question?
9 ACTING PRESIDENT FARLEY: There's
10 no objection. Go ahead.
11 Are you objecting, Senator
12 Galiber?
13 SENATOR GALIBER: I want to know
14 if the bill is in the house or not?
15 ACTING PRESIDENT FARLEY: It's
16 not even in the house.
17 SENATOR GALIBER: No objection.
18 ACTING PRESIDENT FARLEY: It's
19 gone over to the Assembly.
20 SENATOR STACHOWSKI: If people
21 want to vote no, they vote no. I was going to
22 ask you to get it back if you could, but just
23 let it go. And if people want to vote no -- I'm
3515
1 going to stay on the no because I can't recall
2 if it's that particular union that had the
3 problem or not. But, unfortunately, we got
4 caught in a situation where our counsel, through
5 no fault of her own, is not here available, so.
6 ACTING PRESIDENT FARLEY: Senator
7 Stachowski, you are "No" on 80 -
8 SENATOR STACHOWSKI: Yes, I
9 already did that.
10 ACTING PRESIDENT FARLEY: All
11 right. Regular order, I guess.
12 Hold on. Senator Holland.
13 SENATOR HOLLAND: With unanimous
14 consent, I would like to be recorded in the
15 negative on Calendar 663.
16 ACTING PRESIDENT FARLEY: 663,
17 Senator Holland is in the negative.
18 Senator Jones. I'm sorry.
19 SENATOR JONES: Yes, I would like
20 to be recorded in the negative on Calendar 757,
21 please.
22 ACTING PRESIDENT FARLEY: 757,
23 Senator Jones is in the negative.
3516
1 THE SECRETARY: Calendar Number
2 833, by Senator Maltese, Senate Bill Number
3 1648, an act to amend the Correction Law.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Those recorded in
12 the negative -- those recorded in the negative
13 on Calendar Number 833 are Senators Connor,
14 Espada, Galiber, Leichter, Mendez, Montgomery,
15 Smith and Waldon. Ayes 50. Nays 8.
16 ACTING PRESIDENT FARLEY: Bill is
17 passed.
18 Senator Larkin.
19 SENATOR LARKIN: Mr. President.
20 I ask unanimous consent to be recorded in the
21 negative on Calendar 663.
22 ACTING PRESIDENT FARLEY: Without
23 objection, Senator Larkin will be in the
3517
1 negative on Calendar Number 663.
2 THE SECRETARY: Calendar Number
3 834, by Member of the Assembly Ramirez, Assembly
4 Bill Number 7960, an act on repeal Section 114A
5 of the Correction Law, relating to keeping of a
6 daily record.
7 SENATOR WALDON: Mr. President.
8 ACTING PRESIDENT FARLEY: Senator
9 Waldon.
10 SENATOR WALDON: Would Senator
11 Maltese be kind enough to yield to a question?
12 SENATOR MALTESE: Yes.
13 SENATOR WALDON: Senator, I
14 believe this is the bill we dealt with last
15 year. Is that correct?
16 SENATOR MALTESE: Yes, it is,
17 Senator Waldon.
18 SENATOR WALDON: I'm sorry.
19 SENATOR MALTESE: Yes, it is.
20 SENATOR WALDON: Mr. President,
21 if I may continue. Has anything change in this
22 bill from that time?
23 SENATOR MALTESE: Mr. President.
3518
1 Nothing has change in the bill since Senator
2 Waldon and I debated the bill and since Senator
3 Waldon went from opposition to the bill to
4 support of the bill. It is exactly the same
5 bill.
6 SENATOR WALDON: Then, it is my
7 understanding, as a result of our last debate,
8 that the records are kept rather vigorously and
9 rigorously other than the log book through the
10 computer situation that we discussed at that
11 time and other means. Is that correct?
12 SENATOR MALTESE: Mr. President.
13 In reply to Senator Waldon's question, not only
14 kept rigorously -- and I have documentation as
15 to how they are kept -- but since our debate
16 when I indicated that the superintendent's log
17 was not presently being kept, I was advised by
18 the Commissioner of Correction that, in fact, a
19 superintendent's log is kept in addition
20 thereto.
21 SENATOR WALDON: Thank you very
22 much, Mr. President. Thank you, Senator
23 Maltese.
3519
1 ACTING PRESIDENT FARLEY: You can
2 read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FARLEY: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT FARLEY: Senator
9 Hoffmann to explain her vote.
10 SENATOR HOFFMANN: I had
11 requested to speak prior to calling the roll and
12 wasn't observed, but I will just briefly -
13 ACTING PRESIDENT FARLEY: I
14 apologize.
15 SENATOR HOFFMANN: No problem,
16 Mr. President. I would just briefly like to
17 explain that I see an analogy here to another
18 issue that has come before many of us, and
19 that's the issue of court stenographers. Many
20 of us have received communication from
21 stenographers, from attorneys, from defendants,
22 from judges, requesting that we not eliminate
23 the practice of court stenographers even though
3520
1 there are now audio recording devices which are
2 considered to be more state of the art and more
3 expedient. The reason given for that request
4 are the fact that the use of the stenography
5 material is more accessible and is a time-tested
6 way of obtaining information necessary to
7 reconstruct a trial.
8 In this situation, the same can
9 be said for a daily log book. Although it is
10 probably technically true that the records may
11 be available some place else via computer or
12 some other record keeping system, the
13 accessibility, the ease, and the convenience of
14 having a daily log book become vital in
15 reconstructing an incident that takes place
16 within prison walls.
17 I think that's necessary not only
18 for the rights of the inmates but also for the
19 correction officers own liability issue and,
20 ultimately, for the taxpayers of the State of
21 New York who might be facing the defense of
22 correction officers or a Department of
23 Correction lawsuit in the event that there is an
3521
1 action brought against the Department of
2 Corrections by an injured party.
3 So I'm going to continue opposing
4 this and urge that my colleagues not rush so
5 quickly into eliminating a time-tested procedure
6 that is not an onerous burden. Keeping a daily
7 log may in fact be slightly duplicative, but it
8 is in the best interest of protection of the
9 taxpayers as well as the inmates and the
10 correction officers of this state to maintain
11 it.
12 Thank you, Mr. President.
13 ACTING PRESIDENT FARLEY: Are you
14 voting in the negative?
15 SENATOR HOFFMANN: I vote no.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 834 are Senators
18 Connor, Espada, Galiber, Gold, Hoffmann,
19 Leichter, Mendez, Montgomery, Ohrenstein and
20 Stavisky. Ayes 48. Nays 10.
21 ACTING PRESIDENT FARLEY: The
22 bill is passed.
23 Senator Present.
3522
1 SENATOR PRESENT: Do you have any
2 housekeeping? Mr. Cornell?
3 ACTING PRESIDENT FARLEY: Are
4 there any motions on the floor? Seeing none.
5 SENATOR PRESENT: On behalf of
6 Senator Levy, I'd like to announce an immediate
7 conference of the Majority in Room 332.
8 ACTING PRESIDENT FARLEY: There
9 will be an immediate conference of the Majority
10 in Room 332.
11 SENATOR PRESENT: Mr. President.
12 ACTING PRESIDENT FARLEY: Senator
13 Present.
14 SENATOR PRESENT: There being no
15 further business, I move that we adjourn until
16 Monday, May 16, at 1:00 p.m. intervening days to
17 be legislative days. The members should be
18 advised that they are subject to the call of the
19 Majority Leader for session upon 24 hours
20 notice.
21 ACTING PRESIDENT FARLEY: The
22 Senate will stand adjourned until Monday at the
23 regular hour. Immediate conference of the
3523
1 majority in Room 332. Intervening days will be
2 legislative days. The members are subject to
3 the call of the majority leader.
4 Senate stands adjourned.
5 (Whereupon, at 1:54 p.m., Senate
6 adjourned.)
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