Regular Session - May 28, 1996
5710
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8 ALBANY, NEW YORK
9 May 28, 1996
10 3:10 p.m.
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13 REGULAR SESSION
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17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEPHEN F. SLOAN, Secretary
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5711
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Would everyone please rise and
5 join with me in the Pledge of Allegiance.
6 (Whereupon, the Senate and those
7 present joined in the Pledge of Allegiance to
8 the Flag.)
9 May we bow our heads in a moment
10 of silence.
11 (Whereupon, there was a moment of
12 silence.)
13 The reading of the Journal,
14 please.
15 THE SECRETARY: In Senate,
16 Monday, May 27. The Senate met pursuant to
17 adjournment. Senator Hoblock in the chair upon
18 designation of Temporary President. The Journal
19 of Sunday, May 26, was read and approved. On
20 motion, Senate adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as read.
23 Presentations of petitions.
5712
1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Kuhl.
9 SENATOR KUHL: Yes, Madam
10 President.
11 Amendments are offered to the
12 following Third Reading Calendar bills:
13 Those sponsored by Senator
14 Skelos, on page 16, Calendar Number 579, which
15 is Senate Print 5730A; also
16 Senator Seward's bill, on page
17 18, Calendar Number 637, 5206; also
18 Senator Velella's bill, on page
19 22, Calendar Number 732, 4285B; also
20 Senator Nozzolio's bill, on page
21 33, Calendar Number 905, Senate Print 4473; also
22 Senator Volker's bill, on page
23 36, Calendar Number 923, Senate Print 3995; also
5713
1 Senator Cook's bill, on page 45,
2 Calendar Number 1021, Senate Print 7425; also
3 Senator Cook's bill, on page 48,
4 Calendar Number 1060; Senate Print 6269B; also
5 Senator Leibell's bill, on page
6 54, Calendar Number 1109, Senate Print 2713; and
7 Senator Levy's bill, on page 59,
8 Calendar Number 1153, Senate Print 6494.
9 I would like to make a motion
10 that these bills also retain their place on the
11 Third Reading Calendar, Madam President.
12 THE PRESIDENT: Amendments
13 received.
14 Senator Rath.
15 SENATOR RATH: Yes, Madam
16 President.
17 On behalf of Senator Velella, on
18 page 15, I'd like to offer the following
19 amendments to Calendar 538, Senate Print Number
20 5766B, and ask that said bill retain its place
21 on the Third Reading Calendar.
22 THE PRESIDENT: Amendments
23 received.
5714
1 SENATOR RATH: Additionally,
2 Madam President, I would move that the following
3 bills be discharged from their respective
4 committees and be recommended with instructions
5 to strike the enacting clause:
6 On behalf of Senator Nozzolio,
7 Senate Number 4038.
8 THE PRESIDENT: Enacting clause
9 struck.
10 Senator Present.
11 SENATOR PRESENT: Madam
12 President. On behalf of Senator Alesi, please
13 place sponsor star on Calendar 965; and on
14 behalf of Senator Velella, please place a
15 sponsor star on Calendar 179.
16 THE PRESIDENT: The bills are
17 starred.
18 Senator Bruno.
19 SENATOR BRUNO: Madam President.
20 I believe that we have a
21 privileged resolution at the desk by Senator
22 Wright. I would ask that it be read in its
23 entirety and that we move its adoption.
5715
1 THE PRESIDENT: The Secretary
2 will read.
3 THE SECRETARY: By Senator
4 Wright, Legislative Resolution, memorializing
5 Governor George E. Pataki to recognize the week
6 of June 2 through June 8, 1996, as "Small
7 Business Week" in the State of New York.
8 Whereas, small businesses are
9 vital to our nation's economy and our way of
10 life, constituting the single most important
11 segment of our free enterprise system; and
12 Whereas, small businesses
13 generate virtually all new jobs arising in New
14 York State;
15 The contributions made by Small
16 Business owners are too often taken for granted
17 even though they often risk their financial
18 security to create jobs, pay taxes and produce
19 goods and services for the people of New York
20 State;
21 Small businesses are the source
22 of many innovations in products and
23 merchandising and have made significant
5716
1 contributions to our state and our society;
2 These findings have prompted the
3 President of the United States of America to
4 designate the week of June 2 through June 8,
5 1996, as "National Small Business Week"; and
6 Whereas, small businesses in New
7 York State exert a strong positive influence on
8 the political, economic and social development
9 of the state and the future welfare of the state
10 depends on the continued development of small
11 business; and
12 Whereas, the members of the New
13 York State Assembly and Senate wish to proclaim
14 their recognition of small business as a crucial
15 element in the economy of New York State; now
16 therefore be it
17 Resolved, that this Legislative
18 Body pause in its deliberations to congratulate
19 all small business owners and operators in New
20 York State on their achievements and to
21 memorialize Governor George E. Pataki to
22 recognize the week of June 2 through June 8,
23 1996 as "Small Business Week" in the State of
5717
1 New York; and be it further
2 Resolved, that a copy of this
3 resolution, suitably engrossed, be transmitted
4 to Governor George E. Pataki.
5 THE PRESIDENT: The question is
6 on the resolution.
7 All those in favor, signify by
8 saying aye.
9 (Response of "Aye.")
10 Those opposed, nay.
11 (There was no response.)
12 The resolution as adopted.
13 Senator Bruno.
14 SENATOR BRUNO: Madam President.
15 I believe that there are other resolutions at
16 the desk that we have previously passed -- I
17 would ask that they now be read -- by Senator
18 Wright.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: By Senator
22 Wright, Legislative Resolution, paying tribute
23 to the New York State honorees of the United
5718
1 States Small Business Administration upon the
2 occasion of their designation as recipients of
3 the 1996 Small Business People Awards.
4 Whereas, Small Business owners
5 embody the entrepreneurial spirit which has
6 fueled the economy of our country since its
7 founding; and
8 Whereas, small businesses
9 continue to create virtually all new jobs in New
10 York State and to train most workers entering
11 our economy;
12 Small business owners contribute
13 to our state by risking their personal wealth
14 and devoting countless hours to their businesses
15 in order to provide jobs, pay taxes and produce
16 goods and services for the people of the State
17 of New York; and
18 Whereas, the United States Small
19 Business Administration Districts in New York
20 State each year select a Small Business Person
21 of the Year; and
22 Whereas, the United States Small
23 Business Administration Districts in New York
5719
1 State each year select certain outstanding small
2 business people to receive Small Business
3 Advocacy Awards;
4 The United States Small Business
5 Administration Districts in New York State each
6 year select certain community members to receive
7 Small Business Special Awards; and
8 Whereas, these awards represent
9 recognition for entrepreneurialship and advocacy
10 from peers and small businesses; and
11 Deborah A. Naybor, President of
12 Professional Land Surveyor, P.C., has been
13 selected Small Business Person of the Year for
14 the Small Business Administration Buffalo
15 District;
16 Michael P. Puglisi, Program
17 Specialist for Disabled Veterans Outreach, has
18 been selected Veteran Small Business Advocate of
19 the Year for the Small Business Administration
20 Buffalo District;
21 Sandra McCoy Bernard, Executive
22 Director of Rochester Women's Network, has been
23 selected Women in Business Advocate of the Year
5720
1 for the Small Business Administration Buffalo
2 District;
3 Helen L. Gaiter, Associate
4 Director of the University of Buffalo Purchasing
5 Department has been selected Minority Small
6 Business Advocate of the Year for the Small
7 Business Administration Buffalo District;
8 James D. Murray of Bisuito,
9 Murray, McDonald and Winterman, has been
10 selected Accountant Advocate of the Year for the
11 Small Business Administration Buffalo District;
12 Richard J. Goodhart of
13 International Purchasing Services, Incorporated,
14 has been selected Small Business Exporter of the
15 Year for the Small Business Administration New
16 York City District;
17 T. Crispina French of Crispina
18 Designers has been selected Young Entrepreneur
19 of the Year for the Small Business
20 Administration New York City District;
21 Suzanne I. Tufts of American
22 Women's Economic Development Corporation has
23 been selected Women in Business Advocate of the
5721
1 Year for the Small Business Administration New
2 York City District;
3 Virginia Citrano of Crain's New
4 York Business has been selected as Media
5 Advocate of the Year for the Small Business
6 Administration New York City District;
7 Mervyn Shorr of Banco Popular de
8 Puerto Rico has been selected Financial Services
9 Associate of the Year for the Small Business
10 Administration New York City District;
11 Jennifer F. Green of Carol's
12 Educare Child Care Center, Incorporated, has
13 been selected Small Business Person of the Year
14 for the Small Business Administration New York
15 City District;
16 James E. Corey, III, Senior
17 Vice-President of Chemung Canal Trust Company,
18 has been selected Financial Services Advocate of
19 the Year for the Small Business Administration
20 Syracuse District;
21 Dannible and McKee, L.L.P., has
22 been selected Accountant Advocate of the Year
23 for the Small Business Administration Syracuse
5722
1 district;
2 Herbert O. Carpenter, publisher
3 of Strictly Business Magazine has been selected
4 Media Advocate of the Year for the Small
5 Business Administration Syracuse District;
6 Ralph L. Vinciguerra, Deputy for
7 Small Business of Defense Contract Management
8 Area Operations, has been selected Minority
9 Small Business Advocate of the Year for the
10 Small Business Administration Syracuse District;
11 and
12 Whereas, all these United States
13 Small Business Administration award winners have
14 contributed through their success and
15 involvement in the Small Business sector to the
16 economic strength of their communities, their
17 state and their country; and
18 Whereas, these New Yorkers
19 exemplify the values of diligence, initiative
20 and independence which makes small business such
21 a vital sector of New York State's economy; now,
22 therefore, be it
23 Resolved, that this Legislative
5723
1 Body pause in its deliberations to extend its
2 congratulations to these New Yorkers for being
3 designated by the United States Small Business
4 Administration as outstanding 1996 Small
5 Business people; and be it further
6 Resolved, that this resolution,
7 suitably engrossed, be transmitted to the afore
8 mentioned honorees.
9 By Senator Wright, Legislative
10 Resolution, paying tribute to the New York State
11 honorees of the United States Small Business
12 Administration upon the occasion of their
13 designation as recipients of the 1996 Small
14 Business People Awards.
15 Whereas, small business owners
16 embody the entrepreneurial spirit which has
17 fueled the economy of our country since its
18 founding;
19 Small businesses continue to
20 create virtually all new jobs in New York State
21 and to train most workers entering our economy;
22 Small business owners contribute
23 to our state by risking their personal wealth
5724
1 and devoting countless hours to their businesses
2 in order to provide jobs, pay taxes, and produce
3 goods and services for the people of the State
4 of New York;
5 The United States Small Business
6 Administration each year selects a Small
7 Business Person of the Year from each of the 50
8 states; and
9 Whereas, the United States Small
10 Business Administration each year selects
11 certain outstanding small business people in
12 each state to receive Small Business Advocacy
13 Awards;
14 The United States Small Business
15 Administration each year selects persons from
16 the communities in each state to receive Small
17 Business Special Awards;
18 The United States Small Business
19 Administration has awarded for 1996 the New York
20 State Small Business Person of the Year Award
21 four Advocacy Awards and two Special Awards for
22 persons in New York State;
23 Whereas, Karen L. Moore,
5725
1 President of MC Professional Management and
2 Consulting Company, Incorporated, has been
3 selected New York State Woman in Business
4 Advocate of the Year;
5 Manuel J. Cabrero, Director of
6 Veteran Business Assistance Center, has been
7 awarded New York State Veteran Small Business
8 Advocate of the Year;
9 Robert G. Wilmers, Chairman,
10 President and Chief Executive Officer of M&T
11 Bank, has been selected New York State Financial
12 Services Advocate of the Year;
13 James T. Madore, reporter for the
14 Buffalo News has been selected as the New York
15 State Media Advocate of the Year;
16 Patrick J. Whalen, President of
17 Forwarding Services, Incorporated, has been
18 selected New York State Business Exporter of the
19 Year;
20 Mark Nelson of Ovid Technologies,
21 Incorporated, has been selected for the New York
22 State Entrepreneurial Success Award;
23 Anthony Salucci, President of
5726
1 Hughes-Treitler Manufacturing Corporation has
2 been selected as Small Business Subcontractor of
3 the Year;
4 Mark Golden of Golden Artists
5 Colors, Incorporated, has been selected New York
6 State Small Business Person of the Year; and
7 Whereas, all of these United
8 States Small Business Administration Award
9 winners have contributed, through their success
10 and involvement in the Small Business sector, to
11 the economic strength of their communities,
12 their state and their country; and
13 Whereas, these New Yorkers
14 exemplify the values of diligence, initiative
15 and independence which make small business such
16 a vital sector of New York State's; now,
17 therefore, be it
18 Resolved, that this Legislative
19 Body pause in its deliberations to extend its
20 congratulations to these New Yorkers for being
21 designated by the United States Small Business
22 Administration as outstanding 1996 Small
23 Business people; and be it further
5727
1 Resolved, that copies of this
2 resolution, suitably engrossed, be transmitted
3 to the aforementioned honorees.
4 ACTING PRESIDENT KUHL: The Chair
5 recognizes Senator Jim Wright on the
6 resolutions.
7 SENATOR WRIGHT: Thank you, Mr.
8 President.
9 I rise as the Chairman of the
10 Senate Standing Task Force on Small Business to,
11 on behalf of the Senate, extend a welcome to all
12 of our award winners who have joined with us
13 today and who are here in the gallery to be
14 recognized by the Senate.
15 I think all of us have an
16 appreciation for Small Business and what Small
17 Business does for this state on a daily in terms
18 of our economy and in terms of job creation.
19 We're very pleased to have the opportunity today
20 to extend our thank you, our appreciation for
21 the job that you do every day with your
22 employees to build and to grow the economy of
23 this state.
5728
1 The recognition that the United
2 States Small Business Administration extends to
3 you affords us the opportunity to recognize you
4 by resolution, to commend you in your efforts
5 and to reaffirm and endorse those designations
6 and federal awards that have been granted.
7 I would briefly like to, with the
8 indulgence of my colleagues, introduce the
9 national, state, and regional winners and ask
10 them to rise, if they would, please.
11 As a national winner in New York
12 State, James T. Madore, business reporter with
13 the Buffalo News.
14 The state winner, Mark Golden,
15 President, Golden Artist Colors, Inc., State
16 Small Business Person.
17 The regional winners:
18 Women in Business Advocate of the
19 Year, Karen L. Moore.
20 Veteran Small Business Advocate
21 of the Year, Manuel J. Cabrero.
22 Small Business Exporter of the
23 Year, Patrick J. Whalen; and
5729
1 Small Business Subcontractor of
2 the Year, Anthony Salucci.
3 Thank you very much.
4 If you would please extend our
5 congratulations and the warm wishes of the
6 Senate on behalf of all of the winners.
7 We're very pleased to have all of
8 you representing the State of New York. We're
9 very pleased to have all of you here joining us
10 today, extending the opportunity to be
11 recognized, and, I hope, also taking the
12 opportunity to lobby all of my colleagues on the
13 issues of Workers' Comp and tax reform in this
14 state.
15 Thank you very much for joining
16 us.
17 ACTING PRESIDENT KUHL: Senator
18 Maltese on the resolution.
19 SENATOR MALTESE: Yes, Mr.
20 President. I want to add my congratulations to
21 those of Senator Wright and all the members of
22 the house on both sides of the aisle.
23 I want to especially mention,
5730
1 from Queens County, Susan Tufts, a personal
2 friend, a very, very bright and energetic and
3 articulate spokesman, a person who has worked
4 very diligently to advance the cause not only of
5 women but people involved in small business; has
6 set a very, very energetic example by setting up
7 conferences and seminars advancing the cause of
8 women in New York.
9 She is a recipient of the Women
10 in Business Advocate of the Year Award, and I
11 want to congratulate her as well as, from Queens
12 County, Jennifer Green, who is Small Business
13 Person of the Year for Carol's Educare Child
14 Care Center in Queens County.
15 I congratulate them, of course,
16 as exemplifying what is best in women, what is
17 best in Americans and small business people.
18 Small business, after all, are the heart beat of
19 America and very, very honestly keep not only
20 New York State but our country as vibrant and as
21 competitive as we are.
22 ACTING PRESIDENT KUHL: Senator
23 Stafford on the resolution.
5731
1 SENATOR STAFFORD: Mr.
2 President. I'll be very brief. You will find
3 it very interesting. We'll all say the same
4 thing. Everybody stands up, but -- oh, the
5 leader says we won't, and we won't.
6 But I do want to say that we
7 should say the same thing because these people
8 are the best. Our representative Herb
9 Carpenter went to the top in his profession in
10 the public sector, did a great job. He is now
11 at the top in the private sector, and he is the
12 type of individual, together with those who are
13 here today, that make this state and nation
14 really what it is and we certainly do
15 compliment them.
16 ACTING PRESIDENT KUHL: Senator
17 DeFrancisco on the resolution.
18 SENATOR DeFRANCISCO: Thank you,
19 Mr. President.
20 I notice that the Syracuse
21 District Office is well represented, as in most
22 honors that are bestowed on people in this
23 body. But two in particular, Dannible and McKee
5732
1 and Ralph Vinciguerra from the Syracuse City and
2 they are being honored in this group, as well.
3 I think the message I want to
4 give is that what we're trying to do here in
5 this state now is to make small business big
6 business so there will be room at the bottom,
7 small businesses, for replacements for next
8 year, and we're trying to do that through the
9 budget process and that's maybe why we're
10 hanging out a little longer than maybe people
11 want us to hang out.
12 We've got a lot of big issues
13 here. There's been a substantial change over
14 the last year and a half, and in order for that
15 change to continue so you can be even more
16 successful and those out there to replace you
17 next year, we're going to keep these policies
18 going, and all of the members of this body are
19 committed to seeing that that happens.
20 So congratulations. Be patient
21 with us. We're trying to do what we can to make
22 the climate better for all of you in this State
23 of New York to make money, create jobs, and to
5733
1 have an atmosphere that all of us can be proud
2 of.
3 ACTING PRESIDENT KUHL: Senator
4 Bruno on the resolution.
5 SENATOR BRUNO: Mr. President. I
6 want to just take a minute, and Senator Stafford
7 said that we all say the same things, so I was
8 trying to think of something different to say.
9 And the thing that I can say
10 that's different is that, I believe, of all the
11 people that have been up to speak so far that I
12 may be the only person so far in this chamber
13 that started a small business here in this
14 state, and I am proudest of that, that I can
15 stand here having started a small business in
16 this state and having gone through all the
17 trials and all of the things that you are well
18 aware of that you have to do in this state to
19 continue a business, to grow a business and to
20 see that business flourish.
21 So I want to just commend you for
22 your initiative, for your determination, for
23 your persistence, for your ingenuity, for all of
5734
1 the things -- the energy -- that you bring to
2 your businesses that bring you to this chamber
3 and being acclaimed and recognized as being
4 outstanding in your field.
5 We in this chamber are proud that
6 you are here and all the people in this state
7 ought to recognize and be proud that you -
8 through your efforts, you create the jobs, you
9 create the growth; and that growth contributes
10 to the improvement of the quality of life for
11 all New Yorkers.
12 So I am proud to be here and say
13 what I can say in recognition of your
14 outstanding achievements. Congratulations to
15 you.
16 ACTING PRESIDENT KUHL: Senator
17 Maziarz on the resolution.
18 SENATOR MAZIARZ: Thank you very
19 much, Mr. President.
20 I, too, want to join Senator
21 Wright and all my colleagues in congratulating
22 all of the honorees here today. I'm sure that
23 this recognition is very well deserved.
5735
1 I would particularly like to
2 mention one individual from my district, Patrick
3 Whalen, President of Forwarding Services, Inc.
4 Patrick is a small business located in Niagara
5 county, but even within Niagara County, he is
6 located within the best small city in the entire
7 State of New York, North Tonawanda.
8 So congratulations, Patrick.
9 ACTING PRESIDENT KUHL: Senator
10 Goodman on the resolution.
11 SENATOR GOODMAN: Mr. President.
12 I, too, would like to add my warmest
13 congratulations to Suzanne Tufts, who has been
14 distinguished by her inclusion in this rather
15 remarkable list, to point out that there is one
16 thing about her which can be stated
17 unequivocally to be absolutely unique. She is
18 married to a former big league baseball player
19 and that, of course, adds to her clout, to her
20 ability and agility in the base running of the
21 world of small business and to the fact that she
22 is an exceptionally bright, able and
23 extraordinarily enthusiastic citizen of this
5736
1 state.
2 I would also like to say a word
3 in salutation to Robert G. Wilmers, who is the
4 Chairman and President and CEO of the M&T Bank
5 in Buffalo. I'm very familiar with his record
6 since, once upon a time, he served as my first
7 Deputy Finance Commissioner in the City of New
8 York and is an individual of extraordinary skill
9 and concern for the well-being of others.
10 Robert Wilmers, as the Chairman
11 of the M&T Bank has made a unique reputation for
12 the services that he has rendered to the City of
13 Buffalo, both civic and philanthropic, and it is
14 quite evident that whoever the federal screening
15 commission who selected these winners may have
16 been that they were very astute and that they
17 understood quality in the highest sense of that
18 word.
19 ACTING PRESIDENT KUHL: Senator
20 Seward on the resolution.
21 SENATOR SEWARD: Thank you, Mr.
22 President.
23 I, too, want to rise and echo the
5737
1 sentiments that have been expressed by a number
2 of the members here today. When it comes to the
3 importance of small businesses of our state as
4 they add an employee or two over time, it
5 doesn't grab the headlines that perhaps a large
6 corporation either coming to New York or leaving
7 New York does, but the cumulative effect
8 economically to our state and the importance to
9 our state by the many, many small businesses
10 that add an employee or two a year, the
11 cumulative effect has a tremendous impact on our
12 economy and our life here in New York State.
13 I want to give special greetings
14 to our state Small business Person of the Year,
15 Mark Golden, President of Golden Artist Colors,
16 Incorporated. This is a multi-million dollar
17 small business with some 45, approximately,
18 employees. It's located in New Berlin, New
19 York, and it has been in the business of
20 manufacturing acrylic artists' paints since
21 1980; and within the artist paint industry, so
22 to speak, this company is well-known for its
23 quality product and is used by many, many
5738
1 well-known artists both here in North America
2 and in Europe.
3 I can assure my colleagues that
4 the success of Golden Artist Colors is not
5 because of the traffic by their location, of
6 their facility. I have toured Golden Artist
7 Colors, and it's located on a back road off a
8 back road in a rural community. It's successful
9 because of the leadership and vision of the
10 Golden family, an outstanding product and a very
11 productive work force.
12 So my congratulations to Mark
13 Golden and your entire family and all the
14 employees of Golden Artist Colors.
15 ACTING PRESIDENT KUHL: Senator
16 Alesi on the resolution.
17 SENATOR ALESI: Thank you, Mr.
18 President.
19 Like so many of my colleagues
20 today, I join in congratulating those who are up
21 in the gallery there to my left, and it's with
22 great pleasure that I join my leader as a small
23 business owner, one who also got his start in
5739
1 small business. Perhaps a little bit of a
2 smaller business than Senator Bruno's, but
3 there's still hope for me there, too, I expect.
4 I would like to congratulate the
5 recipients who are from my district. James D.
6 Murray, who is with a firm in my district in
7 East Rochester and no doubt associated with a
8 very good friend of mine, Charles Bisuito; as
9 well as Sandra McCoy Bernard from the
10 Rochester's Women's Network.
11 As I said, as a small business
12 owner myself, I understand all of the trials and
13 tribulations firsthand, and anyone who is
14 selected and recognized as an advocate for small
15 business in this state should certainly be
16 congratulated, and I add my congratulations to
17 those of my colleagues and welcome our friends
18 here today.
19 ACTING PRESIDENT KUHL: Is there
20 any other Senator wishing to speak on the
21 resolutions.
22 The resolutions were previously
23 adopted, but I will take the liberty at this
5740
1 time on behalf of Senator Bruno and all the
2 Senators here to welcome you to Albany. We hope
3 you enjoy your day here. We certainly
4 appreciate your taking the time out of the day.
5 We congratulate you for all you
6 have done for New York, certainly, and as you
7 can tell from the outpouring of comments here,
8 there are many people here who would like to
9 have a small business.
10 So keep up the good work and
11 encouragement. Thank you for joining us.
12 Other motions and resolutions.
13 Senator Sears.
14 SENATOR SEARS: On behalf of Mr.
15 -- or of member Leibell, Mr. President, on
16 page 12, I offer the following amendments to
17 Calendar 457, Senate Print 2984, and ask that
18 the said bill retain its place on Third
19 Reading Calendar.
20 ACTING PRESIDENT KUHL:
21 Amendments to Calendar Number 457 are received
22 and adopted. The bill will retain its place on
23 the Third Reading Calendar.
5741
1 Senator Sears.
2 SENATOR SEARS: I wish to call up
3 my bill, Print Number 5973B, recalled from the
4 Assembly, which is now at the desk.
5 ACTING PRESIDENT KUHL: Secretary
6 will read the title.
7 THE SECRETARY: Calendar Number
8 594, by Senator Sears, Senate Print 5973B, an
9 act to amend the Environmental Conservation Law.
10 SENATOR SEARS: Mr. President. I
11 now move to reconsider the vote by which this
12 bill was passed.
13 ACTING PRESIDENT KUHL: The
14 Secretary will call the roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 48.
18 ACTING PRESIDENT KUHL: The bill
19 is before the house.
20 Senator Sears.
21 SENATOR SEARS: I now offer the
22 following amendments.
23 ACTING PRESIDENT KUHL: The
5742
1 amendments are received and adopted.
2 Senator Present.
3 SENATOR PRESENT: Mr. President.
4 On behalf of Senator Goodman, on page 59, I
5 offer the following amendments to Calendar 1146,
6 Senate Print 4688C, and ask that it retain its
7 place on the Third Reading Calendar.
8 ACTING PRESIDENT KUHL: The
9 amendments to Calendar Number 1146 are received
10 and adopted. The bill will retain its place on
11 the Third Reading Calendar.
12 Senator Bruno.
13 SENATOR BRUNO: Mr. President. I
14 believe that we have been joined by Rabbi
15 Butman, and Rabbi Butman traveled up to the
16 chamber to give us the opening prayer and was
17 held up. So, we in this chamber can use all the
18 prayers that we can get, so I would ask that we
19 now hear Rabbi Butman's prayer.
20 And thank you very much for
21 making the effort, Rabbi.
22 ACTING PRESIDENT KUHL: Per your
23 request, Senator Bruno, Rabbi Shmuel M. Butman
5743
1 of the Lubavitch Youth Organization in Brooklyn,
2 New York, is joining us for the prayer.
3 Rabbi Butman.
4 RABBI SHMUEL M. BUTMAN: Thank
5 you very much, Senator Bruno. I was held up in
6 a meeting with the Governor, who, I understand,
7 is a Republican.
8 SENATOR BRUNO: I pray he stays
9 that way.
10 RABBI SHMUEL M. BUTMAN: You know
11 what to say.
12 Let us pray, dear God.
13 The 11th day of Nissan,
14 corresponding this year to March 31st, marks the
15 94th anniversary of the birth of the revered
16 Jewish leader Rabbi Menachem M. Schneerson, the
17 Lubavitcher Rebbe. It has become customary to
18 mark this auspicious occasion at the start of -
19 with 94 days of education which you have in this
20 great chamber proclaimed in honor of the Rebbe's
21 activities of education throughout the world.
22 The Rebbe emphasizes that
23 education is much more than just imparting facts
5744
1 and ideas. Primarily, it means guiding both
2 ourselves and our youth to become better
3 individuals, more humane, ethical, sensitive and
4 aware.
5 Therefore, the Rebbe always
6 emphasized education is a process, continuing
7 throughout our lives. We must continue to
8 educate ourselves and especially our youth in
9 the exalted principles upon which this great
10 republic of ours was established.
11 On the 94th birthday, we start
12 reading Psalm 95, opening with the words of King
13 David. Come let us sing to God; let us sing out
14 loudly to the rock of our deliverance. Let us
15 approach him with thanksgiving; let us sing out
16 loud in song to God, for the God that created
17 us, the king of everyone.
18 Classical commentaries explained
19 that with these words we will exhort each other
20 as the Messianic era begins and the Rebbe often
21 told us that we live in a special time. This is
22 the last generation of exile and the first
23 generation of redemption.
5745
1 By Divine providence, the members
2 of this great Senate gathered here have been
3 elected by the people of the great State of New
4 York to serve as custodians of law and morality,
5 enacting laws that create a more ethical, decent
6 and law-abiding society.
7 New York State, in turn, is
8 privileged to serve as a key state in the United
9 States of America, now the world's only super
10 power, looked up by other nations as the epitome
11 of success and prosperity; therefore, New York
12 State is in a position to influence other
13 nations to adopt the standards of justice and
14 freedom upon which this nation was founded and
15 to which we remain forever committed.
16 It is customary for me to take
17 this opportunity to place a dollar bill
18 inscribed with the words, "In God We Trust",
19 into a charity box. I remember the first time
20 when I told the Rebbe, Rebbe Schneerson, that
21 I'm going to come here. He told me, "Bring the
22 charity box and offer a dollar so everyone will
23 see that this is our purpose in life, to do
5746
1 charity and to help each other."
2 This charity box reminds us of
3 our obligation not only to each other but to the
4 entire universe, to every single human,
5 regardless of race, religion, color or creed.
6 May the members of this Legislature be worthy of
7 the great privilege bestowed upon them. May
8 they be successful in creating a peaceful, just
9 society, serving as a model for the entire
10 world, preparing it for the universal peace and
11 justice of the future.
12 May the legislators who have so
13 graciously volunteered to serve the public of
14 this state all enjoy great success, both in
15 their public lives and with their families in
16 their private lives; and I want you to know,
17 friends, every sabbath in the synagogues we pray
18 for you when we say may God reward those who
19 sincerely serve the needs of the public,
20 removing all illness from them, sending them
21 blessing and success in all their endeavors.
22 And let us say, amen.
23 These are my prepared remarks.
5747
1 My nonprepared prayer is that 58 days without a
2 budget is long enough, and may you pass the
3 budget successfully immediately.
4 And let us say, again, amen.
5 ACTING PRESIDENT KUHL: Senator
6 Marchi.
7 SENATOR MARCHI: Mr. President.
8 I wouldn't want this occasion to pass without -
9 if I may have unanimous consent to make a short
10 statement.
11 ACTING PRESIDENT KUHL: Senator
12 Marchi, we have a couple of motions and
13 resolutions to get out of the way first.
14 SENATOR MARCHI: It's just in the
15 time frame that we're in.
16 ACTING PRESIDENT KUHL: Senator
17 Marchi.
18 SENATOR MARCHI: Thank you, Mr.
19 President. Certainly, this is an annual
20 exercise that brings us pleasure and honor. The
21 statements that you have made, Reverend,
22 certainly are inspiring and in keeping with the
23 wonderful tradition that you represent so well.
5748
1 You go back -- your people go back, many, many
2 centuries. The affirmation of the Torah over a
3 thousand years ago by the Rambam at that time is
4 an eloquent statement and contribution and the
5 early seeds of scholasticism that were sown so
6 nobly at that time, and which is exemplified
7 today by the many schools that you have in your
8 network. This imparting of wisdom and
9 spirituality is something the world desperately
10 needs. You bring that to us, sir, and we're
11 very proud to have it, and we rejoice in your
12 presence.
13 And I had the pleasure of knowing
14 Rabbi Schneerson, and it was certainly an
15 inspiring experience. We wish you well, and we
16 welcome your presence again with great feelings
17 of friendship and admiration.
18 ACTING PRESIDENT KUHL: Senator
19 Lachman.
20 SENATOR LACK: In keeping with
21 what Senator Marchi has just said, but without
22 quoting from Jewish theology -- I might in the
23 future quote from Catholic theology -- I just
5749
1 want to mention that I have the privilege, very
2 great privilege, about five, six years ago, of
3 meeting with Lubavitcher Rebbe. He was a unique
4 individual. He was a charismatic personality.
5 He was a great scholar and a forceful and
6 dynamic leader of the worldwide Lubavitch
7 movement, and he left a legacy that will be very
8 difficult to replicate. He also left a
9 spiritual -- a voluminous spiritual undertaking
10 that his followers and others around the world
11 will try to follow in his footsteps. He was an
12 outstanding and extraordinary individual; and in
13 honoring him, we honor the entire movement and
14 religion in general.
15 Thank you.
16 ACTING PRESIDENT KUHL: Senator
17 Maziarz.
18 SENATOR MAZIARZ: Thank you, Mr.
19 President. Mr. President, I wish to call up my
20 bill Print Number 2138, recalled from the
21 Assembly, which is now at the desk.
22 ACTING PRESIDENT KUHL: Secretary
23 will read.
5750
1 THE SECRETARY: Calendar Number
2 390, by Senator Nozzolio, Senate Print 2138, an
3 act to amend the Social Services Law and the
4 Education Law.
5 ACTING PRESIDENT KUHL: Senator
6 Maziarz.
7 SENATOR MAZIARZ: Mr. President.
8 I now move to reconsider the vote by which this
9 bill was passed.
10 ACTING PRESIDENT KUHL: The
11 Secretary will call the roll on reconsideration.
12 (The Secretary called the roll on
13 reconsideration.)
14 THE SECRETARY: Ayes 48.
15 ACTING PRESIDENT KUHL: The bill
16 is before the house.
17 Senator Maziarz.
18 SENATOR MAZIARZ: Mr. President.
19 I now offer the following amendments.
20 ACTING PRESIDENT KUHL:
21 Amendments are received and adopted.
22 Senator Bruno, we have one
23 substitution at the desk, if we could take that
5751
1 up at this time.
2 SENATOR BRUNO: Please may the
3 substitution, Mr. President.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the substitution.
6 THE SECRETARY: On page 39,
7 Senator Maltese moves to discharge from the
8 Committee on Rules Assembly Bill Number 10615
9 and substitute it for the identical Third
10 Reading Calendar 954.
11 ACTING PRESIDENT KUHL:
12 Substitution is ordered.
13 Senator Bruno, that brings us to
14 the calendar.
15 SENATOR BRUNO: Mr. President.
16 Can we at this time take up the noncontroversial
17 calendar.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the noncontroversial calendar.
20 THE SECRETARY: On page 4,
21 Calendar Number 670, by Senator Larkin, Senate
22 Print 69A, an act to amend the Insurance Law and
23 the Tax Law, in relation to supplemental health
5752
1 insurance accounts.
2 SENATOR LEICHTER: Can we have a
3 day on that, please?
4 ACTING PRESIDENT KUHL: Senator
5 Larkin is not in the chamber.
6 Senator Hoblock, what is your
7 pleasure?
8 SENATOR HOBLOCK: Lay the bill
9 aside for the day, Mr. President.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside for the day.
12 THE SECRETARY: Calendar 238, by
13 Senator Larkin, Senate Print 1578B, an act to
14 amend the Real Property Tax Law, in relation to
15 subjecting certain state lands.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 49.
5753
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 353, by Senator Nozzolio, Senate Print 1657, an
5 act to authorize and direct the Workers'
6 Compensation Board to redetermine the award of
7 volunteer fire fighter.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 30th day.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 49.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 381, by Senator DeFrancisco, Senate Print 3520A,
20 an act to amend the Social Services Law, in
21 relation to the transportation of certain
22 persons.
23 SENATOR DeFRANCISCO: Lay the
5754
1 bill aside for the day.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside for the day.
4 THE SECRETARY: Calendar Number
5 500, by the Assembly Committee on Rules,
6 Assembly Print 8383, an act to amend the
7 Election Law, in relation to determination of
8 ballot positions.
9 SENATOR LEICHTER: Lay it aside.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside.
12 THE SECRETARY: Calendar Number
13 535, by Senator Johnson, Senate Print 4470, an
14 act to amend the Election Law, in relation to
15 distributing the names of inactive voters.
16 SENATOR LEICHTER: Lay it aside.
17 ACTING PRESIDENT KUHL: Lay the
18 bill aside.
19 THE SECRETARY: Calendar Number
20 574, by Senator LaValle, Senate Print 6178A, an
21 act to amend the Town Law, in relation to lands
22 within the Hampton Bay's water district.
23 ACTING PRESIDENT KUHL: The
5755
1 Secretary will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 49.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 651, by Senator Holland, Senate Print 5789B, an
12 act to amend the General Municipal Law, in
13 relation to indexing the interest rate.
14 SENATOR PATERSON: Lay it aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 664, by Member of the Assembly Pretlow, Assembly
19 Print 8641, concurrent resolution of the Senate
20 and Assembly proposing an amendment to Section 6
21 of Article 5.
22 ACTING PRESIDENT KUHL: The
23 question is on the resolution.
5756
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 49.
4 ACTING PRESIDENT KUHL: The
5 resolution is adopted.
6 THE SECRETARY: Calendar Number
7 681, by Senator DeFrancisco, Senate Print 6375,
8 an act to amend the Highway Law, in relation to
9 components of the State Scenic Byways System.
10 SENATOR DeFRANCISCO: Lay it
11 aside for one day, please.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside for the day at the request of the
14 sponsor.
15 THE SECRETARY: Calendar Number
16 694, by Member of the Assembly Colman, Assembly
17 Print 1655A, an act to amend the Criminal
18 Procedure Law, in relation to requiring the
19 district attorney.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 60th day.
5757
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 49.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 713, by Member of the Assembly Espada, Assembly
9 Print 9826, an act to amend the Mental Hygiene
10 Law, in relation to making a technical
11 correction.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 49.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 717, by Senator Libous, Senate Print 6756, an
5758
1 act to amend the Mental Hygiene Law, in relation
2 to discharging fees.
3 SENATOR PATERSON: Mr. President.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson, why do you rise?
6 SENATOR PATERSON: May we have a
7 day on this? There are a few Senators who are
8 unable to be here and we would like to ask a
9 couple of questions of Senator Libous.
10 ACTING PRESIDENT KUHL: Senator
11 Hoblock.
12 SENATOR HOBLOCK: Mr. President.
13 Will you lay that bill aside for a day, please.
14 ACTING PRESIDENT KUHL: The bill
15 is laid aside for the day at the request of the
16 sponsor.
17 Secretary will continue to call
18 the noncontroversial calendar.
19 THE SECRETARY: Calendar Number
20 822, by the Assembly Committee on Rules,
21 Assembly Print 7522A, an act to amend the Real
22 Property Tax Law, in relation to the real
23 property tax exemption.
5759
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 49.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 829, by Senator Maziarz, Senate Print 6253, an
13 act to amend the Public Authorities Law, in
14 relation to membership of Niagara Frontier
15 Transportation Authority.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 49.
5760
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 833, by Senator Maziarz, Senate Print 6440A.
5 SENATOR MAZIARZ: Lay it aside
6 for the day, please.
7 ACTING PRESIDENT KUHL: Lay it
8 aside for the day at the request of the sponsor.
9 THE SECRETARY: Calendar Number
10 835, by Senator DeFrancisco, Senate Print 6788A,
11 an act to amend the Canal Law, in relation to
12 the abandonment and sale of certain canal lands.
13 SENATOR DeFRANCISCO: Lay the
14 bill aside for one day please.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside for the day.
17 THE SECRETARY: Calendar Number
18 855, by Senator DiCarlo, Senate Print 6068, an
19 act to amend the Criminal Procedure Law, in
20 relation to plea bargains in felony sex
21 offenses.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
5761
1 THE SECRETARY: Section 4. This
2 act shall take effect on the first day of
3 November.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 49.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 860, by Senator Volker, Senate Print 6695, an
12 act to amend the Criminal Procedure Law, in
13 relation to designating evidence and property
14 control specialists.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 Announce the results when
23 tabulated.
5762
1 THE SECRETARY: Ayes 48. Nays
2 1. Senator Leichter recorded in the negative.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 872, by Senator Maziarz, Senate Print 6574, an
7 act to amend the State Administrative Procedure
8 Act, in relation to exempting certain
9 commission.
10 ACTING PRESIDENT KUHL: Senator
11 Maziarz.
12 SENATOR MAZIARZ: Mr. President.
13 Can I ask at this time to place a star in front
14 of Calendar Number 872, please.
15 ACTING PRESIDENT KUHL: Calendar
16 Number 872 will be starred at the request of the
17 sponsor.
18 Secretary will continue to call
19 the noncontroversial calendar.
20 THE SECRETARY: Calendar Number
21 888, by Senator Saland, Senate Print 6055A, an
22 act to amend the State Finance Law, in relation
23 to making monies from the open space account.
5763
1 SENATOR PATERSON: Lay it aside.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside.
4 THE SECRETARY: Calendar Number
5 895, by the Assembly Committee on Rules,
6 Assembly Print 7505C.
7 SENATOR PATERSON: Lay it aside.
8 ACTING PRESIDENT KUHL: Lay the
9 bill aside.
10 THE SECRETARY: Calendar Number
11 951, by Senator Lack, Senate Print 6467, an act
12 to amend the Election Law, in relation to
13 polling places in Suffolk County.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 49.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
5764
1 SENATOR GOODMAN: Mr. President.
2 ACTING PRESIDENT KUHL: Senator
3 Goodman, why do you rise?
4 SENATOR GOODMAN: I ask to be
5 recorded in the negative on Calendar Number 860,
6 please.
7 ACTING PRESIDENT KUHL: Without
8 objection, hearing no objection, Senator Goodman
9 will be recorded in the negative on Calendar
10 Number 860.
11 Secretary will continue to call
12 the noncontroversial calendar.
13 THE SECRETARY: Calendar Number
14 954, substituted earlier today, by the Assembly
15 Committee on Rules, Assembly Print 10615, an act
16 to amend the Election Law, in relation to notice
17 to candidates.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 31st day.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
5765
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 49.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 976, by Senator Levy, Senate Print 375, an act
7 to amend the Vehicle and Traffic Law, in
8 relation to sentences for alcohol or drug
9 related offenses.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first day of
14 September.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 49.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 986, by Senator Kuhl, Senate Print 515A, an act
23 to amend the Agriculture and Markets Law and the
5766
1 Economic Development Law, in relation to the
2 creation of the New York State Center for
3 agribusiness development.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 180th day.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 49.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 987, by Senator Larkin, Senate Print 937, an act
16 to amend the Alcoholic Beverage Control Law, in
17 relation to providing for the creation of a
18 class B-1 distillers license.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the 120th day.
23 ACTING PRESIDENT KUHL: Call the
5767
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 49.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1027, by Member of the Assembly Gunther,
8 Assembly Print 2288B, an act to amend the Real
9 Property Law and the Real Property Tax Law, in
10 relation to the assessment of property.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 49.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1034, by Senator Seward, Senate Print 6337A, an
23 act to amend the Real Property Tax Law, in
5768
1 relation to the authorizing the collection of
2 solid waste fees.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 49.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1048, by Senator Rath, Senate Print 7372, an act
15 to amend the Town Law, in relation to applicant
16 fees paid for certain services.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
5769
1 THE SECRETARY: Ayes 49.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1051, by Senator LaValle, Senate Print 7429, an
6 act to amend the General Municipal Law, in
7 relation to point systems.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 49.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1063, by Senator LaValle, Senate Print 6711, an
20 act to amend the Domestic Relations Law, in
21 relation to information regarding the
22 Thalassemia Trait.
23 ACTING PRESIDENT KUHL: The
5770
1 Secretary will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first day of
4 November.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 48. Nays
9 1. Senator Maziarz recorded in the negative.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1086, by Senator Goodman, Senate Print 7458.
14 SENATOR LEICHTER: Lay it aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 1140, by Senator Levy, Senate Print 3942A, an
19 act to amend the Vehicle and Traffic Law, in
20 relation to fines and penalties.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 2. This
5771
1 act shall take effect on the first day of
2 November.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 49.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1154, by Senator Velella, Senate Print 6497, an
11 act to amend the Vehicle and Traffic Law, in
12 relation to reports required upon accident.
13 SENATOR HOBLOCK: Lay it aside.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside.
16 THE SECRETARY: Calendar Number
17 1193, by Senator Maltese, Senate Print 494, an
18 act to amend the Election Law and the Education
19 Law, in relation to sample ballots.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
5772
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 49.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1203, by Senator Maltese, Senate Print 4524, an
9 act to amend the Election Law, in relation to
10 the names of independent bodies.
11 SENATOR PATERSON: Lay it aside.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 Senator Hoblock, that completes
15 the noncontroversial calendar. What's your
16 pleasure?
17 SENATOR HOBLOCK: Mr. President.
18 Would you kindly proceed with the controversial
19 calendar.
20 ACTING PRESIDENT KUHL: Secretary
21 will call controversial calendar beginning with
22 Calendar Number 500 by Senator Volker.
23 THE SECRETARY: On page 13,
5773
1 Calendar Number 500, by the Assembly Committee
2 on Rules, Assembly Print 8383, an act to amend
3 the Election Law, in relation to the
4 determination of ballot positions.
5 SENATOR HOBLOCK: Lay it aside
6 for the day, please.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside for the day.
9 Continue to call the
10 controversial calendar.
11 THE SECRETARY: Calendar Number
12 535, by Senator Johnson, Senate Print 4470, an
13 act to amend the Election Law, in relation to
14 distributing the names of inactive voters.
15 SENATOR HOBLOCK: Lay it aside
16 for the day, please.
17 ACTING PRESIDENT KUHL: Lay the
18 bill aside for the day.
19 THE SECRETARY: Calendar Number
20 651, by Senator Holland, Senate Print 5789B, an
21 act to amend the General Municipal Law.
22 SENATOR LEICHTER: Explanation.
23 SENATOR HOLLAND: Senator, this
5774
1 is the bill that you asked us to change some
2 wording in. We have done your bidding, and it
3 reappears on the floor.
4 It simply says that the prime
5 rate will not go above 9 percent -- I mean the
6 rate municipalities will pay will normally be
7 set at the prime rate but will not go above 9
8 percent, and it's to correct what the courts
9 have done in the past and set it at the highest
10 possible 9 percent.
11 SENATOR LEICHTER: Mr.
12 President. If Senator Holland will yield.
13 ACTING PRESIDENT KUHL: Senator
14 Holland, do you yield to a question by Senator
15 Leichter?
16 SENATOR HOLLAND: Yes.
17 ACTING PRESIDENT KUHL: Senator
18 yields.
19 SENATOR LEICHTER: Senator, I
20 still have a technical objection to the bill.
21 Let's get to the merits, to the meat of it, and
22 if you will be so good as to yield. This
23 provision provides, does it not, for the payment
5775
1 of interest on judgments recovered against a
2 municipal corporation? Is that right?
3 SENATOR HOLLAND: Yes, sir.
4 SENATOR LEICHTER: And that rate
5 of interest is paid only from the day of
6 judgment until the judgment is paid; is that
7 right?
8 SENATOR HOLLAND: Right.
9 SENATOR LEICHTER: Do you believe
10 that a municipal corporation like any other
11 judgment debtor should pay its bill and its
12 judgment as it becomes due?
13 SENATOR HOLLAND: If at all
14 possible, certainly.
15 SENATOR LEICHTER: So if a
16 corporation pays the judgment, there is no
17 problem about interest on the judgment; isn't
18 that right? It will pay a couple of days, five
19 days, the interest is minimal. Isn't that
20 correct?
21 SENATOR HOLLAND: Yes.
22 SENATOR LEICHTER: So you are
23 dealing with a case where the municipal
5776
1 corporation takes its time in paying the
2 judgment; is that right?
3 SENATOR HOLLAND: I guess that's
4 because that's what they have to do. Yes, sir.
5 SENATOR LEICHTER: Well,
6 whatever -
7 SENATOR HOLLAND: I can give you
8 a specific example, if you'd like. We just
9 passed a bill here last week to authorize the
10 Town of Orangetown to pay $10 million bond over
11 a ten-year period because they had been found
12 guilty of something, and this is a perfect
13 example of where this would have saved that town
14 lots and lots of money had they not signed
15 before this bill was passed.
16 SENATOR LEICHTER: All right.
17 But the fact is, Senator, is it not, that we've
18 got a judgment creditor and a court has decided
19 and it's usually a jury has decided that the
20 municipal corporation has wronged an individual
21 or small business maybe or large business or
22 group of taxpayers and is indebted to these
23 taxpayers?
5777
1 SENATOR HOLLAND: Yes.
2 SENATOR LEICHTER: And the
3 taxpayers have been found to be out of money or
4 they're due monies; isn't that correct?
5 SENATOR HOLLAND: It could be the
6 taxpayers. It could be an individual, yes.
7 SENATOR LEICHTER: Whoever it is.
8 SENATOR HOLLAND: Yes.
9 SENATOR LEICHTER: Whoever the
10 judgment creditor is.
11 SENATOR HOLLAND: Right.
12 SENATOR LEICHTER: And if the
13 town delays the paying, the judgment creditor
14 doesn't receive the judgment that he or she or
15 it has been entitled to receive. Isn't that
16 true?
17 SENATOR HOLLAND: I believe that
18 when the case was settled, the judge would
19 immediately set the rate. Whether they pay it
20 in two days or two years, the Court doesn't
21 care. They set the rate immediately, I believe.
22 SENATOR LEICHTER: Well, Senator,
23 the rate is set by law. In fact, that's what
5778
1 you are trying to do here. You are trying to
2 amend the law. The law now provides for an
3 interest rate of 9 percent.
4 SENATOR HOLLAND: No. The law
5 provides for an interest rate from 3 to 9
6 percent at the judge's discretion, and the
7 judges are setting it at 9 percent, regardless
8 of what the prime rate is. We are trying to
9 bring it down so that the municipalities will
10 not have to pay the top of the market.
11 SENATOR LEICHTER: All right.
12 But if you were, let's say for the sake of the
13 argument -- I'm sorry. Let me just back up for
14 a moment. The reason I said 9 percent I was
15 dealing with an instance of a judgment against
16 some judgment creditor other than a municipal
17 corporation. But if you were a judgment
18 creditor, you had received a judgment against a
19 municipal corporation and that municipal
20 corporation, for whatever reason, doesn't pay
21 the judgment, you now may be out of money and
22 you may have to go and borrow the money to keep
23 up with your business or whatever activity you
5779
1 were engaged in and whatever events led to that
2 judgment. Right?
3 SENATOR HOLLAND: Okay.
4 SENATOR LEICHTER: Now, let me
5 say to you, your bill provides that the interest
6 rate is going to be either 9 percent or the
7 prime rate, whichever is lower.
8 SENATOR HOLLAND: It will be
9 between 3 and 9 percent; but if the prime rate
10 is lower, it will be the prime rate.
11 SENATOR LEICHTER: Okay.
12 Presently, the prime -- well, as I read your
13 bill, it says, "Upon any judgment, a claim
14 accrued against a municipal corporation shall be
15 the prime rate but shall not exceed..." -
16 SENATOR HOLLAND: You're correct.
17 SENATOR LEICHTER: So it's either
18 9 percent or the prime rate if the prime rate is
19 less.
20 SENATOR HOLLAND: Yes.
21 SENATOR LEICHTER: Do you know
22 what the prime rate is at the present time.
23 SENATOR HOLLAND: Eight and a
5780
1 quarter.
2 SENATOR LEICHTER: Most banks say
3 eight and a quarter. Now, Senator, you are the
4 judgment debtor, and you've got to go and you've
5 got to borrow the money because a municipal
6 corporation -- let's say you are a contractor.
7 You did some work for a municipal corporation.
8 The municipal corporation doesn't pay you. You
9 got a cash flow problem. You go to your bank,
10 and you say, "I've got this judgment, but they
11 won't pay me at this time, and I've got to
12 borrow money." That's what's going to happen,
13 isn't it?
14 SENATOR HOLLAND: Could be.
15 SENATOR LEICHTER: Right. And
16 would you tell me how often it is that a
17 judgment creditor, particularly if it's an
18 individual, you or me, or a small business gets
19 the prime rate? Do you know how often that is?
20 SENATOR HOLLAND: I never get the
21 prime rate.
22 SENATOR LEICHTER: Exactly. You
23 will never get it. I will never get it. Most
5781
1 small businesses will never get it. So now you,
2 as the small business or you as Joe Holland, who
3 has been injured and found to be entitled to
4 some money, you've got to go to the bank, and
5 the bank is going to charge you probably 11
6 percent or 12 percent. Right?
7 SENATOR HOLLAND: Yes.
8 SENATOR LEICHTER: And the
9 municipal corporation somewhere down the line is
10 finally going to pay, you hope, and under your
11 bill, they won't even get 9 percent. Now they
12 are only going to get eight and a quarter.
13 SENATOR HOLLAND: Senator, let's
14 take the other side of the argument. Let's take
15 that $10 million that the Town of Orangetown has
16 to pay back and the taxpayers have to pay it
17 back. That's the taxpayers of the Town of
18 Orangetown have to pay $10 million back at 9
19 percent. Wouldn't it be better for the
20 taxpayers, wouldn't it save them money if they
21 paid it at eight and a quarter instead of 9
22 percent? Doesn't that make a lot of sense to
23 you?
5782
1 SENATOR LEICHTER: Senator, it
2 makes a lot of sense. It would be even better
3 if you said no interest or 1 percent. But the
4 fact is the town, which consists of the
5 taxpayers, has been found guilty. They are
6 liable to this poor contractor. He paved the
7 road or he built the town hall.
8 SENATOR HOLLAND: Senator, you
9 will never convince me. I have been in business
10 myself. Joe Bruno should have said that when he
11 was talking to the people upstairs. And I was
12 -- owed money to the federal government, and
13 they are the biggest rip-off that there is with
14 their interest and fees, et cetera, et cetera.
15 I'm trying to lower that. The governments are
16 unfair. This is one step in the right
17 direction.
18 SENATOR LEICHTER: Senator, I'm
19 sorry to say that your bill is unfair to that
20 small individual. It's unfair to that Joe
21 Holland, small businessman, struggling to get
22 along, has a judgment against a municipal
23 corporation, and now you say the most interest
5783
1 you can get is the prime rate, the same prime
2 rate as maybe Chrysler can get or G.E. can get,
3 but which you, Joe Holland, admitted can never
4 get.
5 So why shouldn't you the judgment
6 creditor receive the monies that you are
7 entitled to, and at least get a rate of interest
8 that's going to compensate you for the failure
9 of the municipal corporation to pay its debt?
10 SENATOR HOLLAND: I'm sorry,
11 Senator, but you are not convincing me at all.
12 I feel that the people of the town -- for
13 instance, the Town of Orangetown should be
14 protected, and they can safe thousands, perhaps
15 hundreds of thousands of dollars, by a fair
16 interest rate rather than a 9 percent, the top
17 of the market.
18 SENATOR LEICHTER: Okay. Mr.
19 President.
20 ACTING PRESIDENT KUHL: Senator
21 Leichter.
22 SENATOR LEICHTER: On the bill.
23 ACTING PRESIDENT KUHL: Senator
5784
1 Leichter on the bill.
2 SENATOR LEICHTER: You know, it's
3 amusing to me because you hear from the other
4 side of the aisle talk about property rights and
5 the individual, and then you come up with a bill
6 that actually damages the individual; that says
7 that a municipal corporation can pay less
8 interest -- less interest than an ordinary
9 judgment debtor; and furthermore, sets a rate of
10 interest that most individuals, almost any
11 individual business, will never get which is the
12 prime rate.
13 The whole idea of paying interest
14 on a judgment is that you want to make the
15 judgment creditor whole if the judgment debtor
16 doesn't pay the bill. All, by the way, that the
17 judgment debtor has to do to avoid interest is
18 just pay the judgment. You've have been found
19 liable; pay the judgment. But if you can't pay
20 the judgment, why should the person who has been
21 found by a jury or by a judge to be entitled to
22 a judgment -- he's been damaged. He's been
23 injured. He is entitled to money. Now you cap
5785
1 the interest that he can get on the judgment.
2 It's totally unfair.
3 Just the other day, Senator
4 Johnson came in with a bill on property rights.
5 I happen to agree with him on principle. I
6 didn't like that particular bill. He and I
7 agreed we'd try to work out a bill. That's a
8 bill that deals with reverse condemnation.
9 Now, if somebody in fact has had
10 the value of their property diminished by action
11 of the municipal corporation, let's say that
12 person gets a judgment. He is already out. Now
13 the municipal corporation doesn't pay. Why
14 should you limit him to the prime rate? The
15 prime rate is less than the 9 percent, and even
16 the 9 percent at the current rate of interest -
17 if that individual has to go out and borrow
18 money, he is going to pay 11 or 12 percent.
19 It's just not fair. It's just not fair.
20 Furthermore, I don't like the
21 bill because it puts a municipal corporation in
22 a special status. Why should a municipal
23 corporation be any different than any other
5786
1 judgment debtor, whether an individual, an
2 insurance company, a large corporation? Why
3 should they be treated any different? Why
4 shouldn't our laws be uniform since the theory
5 here is to try to make the judgment creditor
6 whole?
7 And, again, that's only when the
8 judgment debtor doesn't pay. The judgment has
9 been levied against him. We know that many
10 judgment debtors, that probably includes
11 municipal corporations, hold back paying for any
12 number of reasons. Usually they hate to part
13 with the money. But this poor guy or poor small
14 business -- you guys just got up and you said
15 small business are wonderful and so on. Then
16 the only bill you are going to do today is going
17 to screw small businesses if they are
18 contractors who recover against a municipal
19 corporation.
20 You're right, Senator Holland.
21 For the taxpayers, it would be better if they
22 didn't have to pay the judgment at all or if you
23 set interest at 1 percent. But why should you
5787
1 do that to that small businessman or to Joe
2 Holland who has recovered a judgment. It just
3 isn't fair.
4 Let me also point out that the
5 bill as originally presented -- and I'm glad
6 Senator Holland amended it -- talked about the
7 federal prime rate. There is no such thing as
8 the prime rate. So now he changed it, and he
9 said the prime rate. The problem with that is
10 that the prime rate is not necessarily uniform.
11 If you go out and you say prime rate, most big
12 banks have the same prime rate. It's eight and
13 a quarter. But if you are in some small
14 community, it's quite possible that your local
15 bank up in Senator Stafford's area, Champlain
16 National Bank, may very well have a prime rate
17 of eight and a half percent.
18 SENATOR HOLLAND: We called at
19 your suggestion, Senator.
20 SENATOR LEICHTER: What?
21 SENATOR HOLLAND: We called at
22 your suggestion. According to the Federal
23 Reserve -
5788
1 ACTING PRESIDENT KUHL: Senator
2 Holland, why do you rise?
3 SENATOR HOLLAND: I just want to
4 speak to the Senator again, Mr. President.
5 ACTING PRESIDENT KUHL: Are you
6 asking Senator Leichter to yield to a question?
7 SENATOR HOLLAND: I am.
8 SENATOR LEICHTER: Yes, I will
9 yield.
10 ACTING PRESIDENT KUHL: The
11 Senator yields.
12 SENATOR HOLLAND: Thank you, Mr.
13 President. According to the Federal Reserve
14 Public Information Office, the prime rate is a
15 figure that is tracked and published by the
16 Federal Reserve. The prime rate is calculated
17 by the Federal Reserve by averaging the lending
18 rates charged by approximately 18 key lending
19 institutions. The lending rates charged by
20 these banks vary, depending upon what the
21 discount rate is,. The discount rate of
22 interest charged by the Federal Reserve to
23 lending institutions when they borrow money from
5789
1 the Federal Reserve. Presently the prime rate
2 is at eight and a quarter percent. The discount
3 rate is at 5 percent. The prime rate tends not
4 to fluctuate unless the discount rate is changed
5 by the Federal Reserve.
6 So they do set the rate,
7 Senator. They accumulate the rate.
8 SENATOR LEICHTER: No. Sorry,
9 Senator. The Federal Reserve does not set the
10 rate.
11 SENATOR HOLLAND: They accumulate
12 the rate.
13 SENATOR LEICHTER: No. What they
14 do is they average the rate. You call, and you
15 can find out the prime rate is generally eight
16 and a quarter. That's not the Federal Reserve
17 prime rate. There is no such thing, and you
18 changed the bill.
19 I'm just saying that,
20 technically, you can go to some banks and they
21 will not have the prime rate as the big banks
22 have; and, therefore, you can have a conflict
23 here. Somebody can say the prime rate -- you
5790
1 say prime rate, and if you going to go and try
2 to collect on a judgment and try to get the
3 interest on it, you may go to a small bank which
4 says, "Well, our prime rate is eight and a
5 half." The big banks, Chase, Citibank, are all
6 eight and a quarter. Some of the small banks
7 are not.
8 So it's not a big deal. I think
9 the bill in that respect could have been drafted
10 better. But I think the main objection, as I
11 stated, is it's just unfair to somebody who
12 recovers a judgment. And why, if you recover a
13 judgment against a municipal corporation, should
14 that corporation have the right to, in a sense,
15 stiff or short change the judgment creditor. A
16 private individual or corporation or insurance
17 company has got to pay 9 percent, which is
18 probably even too low, but you make it even
19 lower if it's a municipal corporation.
20 Unreasonable, illogical, unfair.
21 ACTING PRESIDENT KUHL: Senator
22 Paterson.
23 SENATOR PATERSON: Mr.
5791
1 President. If Senator Holland will yield for
2 just one question?
3 ACTING PRESIDENT KUHL: Senator
4 Holland, do you yield to Senator Paterson?
5 SENATOR HOLLAND: Yes, Mr.
6 President.
7 ACTING PRESIDENT KUHL: Senator
8 yields.
9 SENATOR PATERSON: Thank you,
10 Senator. Somewhat in pursuit of where Senator
11 Leichter's line of questioning took us, I wanted
12 to ask you if there was any discussion in the
13 drafting of this bill of the possibility of, in
14 effect, a chilling effect on settlements based
15 on the fact that the judgment debtor may be
16 aware of the fact that the prime rate is
17 descending and because they could save an amount
18 of money, such as you described earlier, would,
19 in a sense, wait out the prime rate and pick a
20 good time to settle where the prime rate might
21 be at something like eight or seven and half
22 percent, each percentage of one percent
23 resulting in savings of a great amount of
5792
1 money?
2 SENATOR HOLLAND: Senator, I
3 suppose that that's a possibility. But in the
4 few cases that I have seen, the person is so
5 interested in recouping or recovering their
6 judgment, their money, that unless it was just
7 about to happen and everyone knew that the prime
8 was going to change, I would suggest that they
9 would rather have the judgment in their favor
10 regardless of the prime.
11 ACTING PRESIDENT KUHL: Senator
12 Paterson.
13 SENATOR PATERSON: Thank you, Mr.
14 President.
15 Mr. President, on the bill.
16 ACTING PRESIDENT KUHL: Senator
17 Paterson on the bill.
18 SENATOR PATERSON: The judgment
19 debtor may feel that way, but -- the judgment
20 creditor may feel that way, but I was suggesting
21 that the debtor might want to wait until the
22 prime rate descends; otherwise, I think what
23 Senator Leichter said is a point well-taken.
5793
1 As a society, we are, collective,
2 those who are contractors, those who are doing
3 business, and those who are often owed money by
4 municipalities. I would hate for us to speak in
5 favor of the government and to speak in favor of
6 the township and then nick ourselves to death at
7 the expense of individuals. We owe money to
8 someone, I think it's only fair that we pay our
9 debt, and finding methods in which we can lower
10 the amount of money that we have to pay would be
11 as unfair as a collective society as if we as
12 individuals found a sort of loophole to avoid
13 paying each other back.
14 So I think sometimes we get
15 caught up in the spirit of what will save
16 taxpayers as if taxpayers is a concept in which
17 taxpayers are always right. In this case, the
18 representatives of taxpayers have put the
19 taxpayers in the position of owing money; and if
20 there's that great a problem and the taxpayers
21 feel a necessity to address it perhaps they
22 might want to change the local government
23 through elections.
5794
1 But I just think that if there is
2 a situation where money is actually owed and
3 that was understood at the time that the
4 judgment was reached that the judgment creditor
5 or the person who's owed money is entitled to
6 the largest sum they can receive based on the
7 amount of money that they are owed and the
8 interest.
9 ACTING PRESIDENT KUHL: Senator
10 Holland, why do you rise?
11 SENATOR HOLLAND: I would just
12 like to close.
13 ACTING PRESIDENT KUHL: Senator
14 Holland to close debate.
15 SENATOR HOLLAND: Just really two
16 things. First of all, if the prime rate was
17 going up, Senator, that might encourage them to
18 complete their judgment -- or finalize their
19 problem, too, so there's two sides to that
20 argument. The other thing is that both of you
21 gentlemen seem to say that since the loan you
22 would get at the bank would probably be in the
23 12 or 13 percent area that we should charge the
5795
1 taxpayers 12 percent, 13 percent. I don't think
2 that's right. We're limiting it to the prime
3 rate. It was at 9 percent. I think that's the
4 fairest thing to the taxpayers.
5 SENATOR LEICHTER: If Senator
6 Larkin will yield, please.
7 ACTING PRESIDENT KUHL: Senator
8 Larkin is not in the chamber, Senator Leichter.
9 SENATOR LEICHTER: I'm sorry.
10 Senator Holland.
11 ACTING PRESIDENT KUHL: Senator
12 Holland will you yield to Senator Leichter.
13 SENATOR HOLLAND: Certainly.
14 ACTING PRESIDENT KUHL: Senator
15 yields.
16 SENATOR LEICHTER: I hope Senator
17 Larkin doesn't take umbrage that I made that
18 mistake or that you don't take umbrage that I
19 made that mistake, but I apologize, in any
20 event, Senator.
21 But, you know, you talk about,
22 you know, that we're protecting the taxpayer.
23 That poor contractor who hasn't been paid the
5796
1 judgment that he is entitled to be paid, isn't
2 he a taxpayer, too?
3 SENATOR HOLLAND: He's being paid
4 the judgment, so we're talking about the
5 interest on top of the judgment. He is getting
6 his money. He is getting his money.
7 SENATOR LEICHTER: But, Senator,
8 if he has to go -- I know we went through this
9 again, but maybe -- maybe I wasn't clear enough,
10 but if he's got to go to a bank -- you are a
11 small businessman, and a lot of you got up and
12 you were extolling the virtue of small business,
13 and everything you said I fully agree with, but
14 that small businessman who doesn't have that
15 reserve of $10 million or $100 million when he
16 doesn't get paid, what does he have to do? He's
17 got to go to the bank and borrow the money,
18 doesn't he?
19 SENATOR HOLLAND: So you believe,
20 Senator, that this rate should be raised from a
21 top of 9 percent to whatever the bank charges.
22 You think that's fair.
23 SENATOR LEICHTER: Senator, I
5797
1 would have no problem with that.
2 SENATOR HOLLAND: I would.
3 SENATOR LEICHTER: Because why
4 is -- let me ask you something. Why is it
5 unfair? The poor man or the poor small business
6 doesn't have the money. He is entitled to be
7 paid. He isn't getting paid. He's got to go to
8 the bank and borrow the money for one reason,
9 that the judgment hasn't been paid. Why
10 wouldn't it be fair to say that he ought to get
11 the prevailing rate of interest?
12 SENATOR HOLLAND: Senator, you
13 can go back in history, and you probably know
14 this, and the rate was set at 3 percent when
15 President Carter had inflation running at 23
16 percent, and the difference was horrendous.
17 Then the municipality could pay 3 percent on
18 their judgments, and the interest rate, the
19 prime, was 23 percent. So we're trying to make
20 it fair in statute, and it only makes sense to
21 me, and we are protecting the taxpayer. I
22 thought you would love that idea.
23 SENATOR LEICHTER: Senator,
5798
1 excuse me.
2 ACTING PRESIDENT KUHL: Senator
3 Holland, do you continue to yield?
4 SENATOR HOLLAND: Yes.
5 ACTING PRESIDENT KUHL: Senator
6 continues to yield.
7 SENATOR LEICHTER: Just to make
8 it clear, Senator, you are not by this bill
9 eliminating the 3 percent floor. That was done
10 before. That's not the law. The law now says 9
11 percent.
12 SENATOR HOLLAND: No, no, no, you
13 are reading the wrong section of the law,
14 Senator. The law now says 3 to 9 percent.
15 SENATOR LEICHTER: Well, as I
16 look at your bill and I see the language that is
17 added, the only thing you add is, "Shall be the
18 prime rate but shall..." So the present law is
19 that it shall not exceed 9 percent which is the
20 same thing for a private debtor as it is for a
21 municipal corporation.
22 SENATOR HOLLAND: I have to say
23 again you are correct.
5799
1 SENATOR LEICHTER: Right. Thank
2 you, Senator. So that what you are doing is you
3 are lower or allowing for the possibility of
4 lowering the rate.
5 And as I said before, Mr.
6 President, just briefly on the bill. One thing
7 I just want to say. You know, Senator Holland
8 gets up and says I'm protecting the taxpayers.
9 You are not protecting the taxpayers. What you
10 are doing is hurting and injuring that small
11 business who did work for the municipal
12 corporation, hasn't been paid, recovered a
13 judgment, doesn't get the judgment paid. Now
14 he's got to go to a bank, borrow money at 12, 13
15 or maybe 14 percent, and Senator Holland says,
16 "I'm only going to give you eight and a quarter
17 percent." That's wrong. It's unfair.
18 Senator, if you want to justify
19 things on the basis of taxpayers, then you will
20 oppose Senator Johnson's efforts on property
21 rights. You'll oppose other efforts where you
22 make government -- government pay for what they
23 ought to pay, and what you are doing is saying,
5800
1 "No, I'm going to give government a special
2 status." I just find it incongruous in view of
3 the positions that you people ordinarily take.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect September 1.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 Announce the results when
12 tabulated.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 651 are Senators
15 Abate, Leichter, Markowitz, Montgomery, Onorato
16 and Paterson. Ayes 44. Nays 6.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Secretary will continue to read
20 the controversial calendar.
21 THE SECRETARY: Calendar Number
22 888, by Senator Saland, Senate Print 6055A, an
23 act to amend the State Finance Law.
5801
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes -
9 SENATOR PATERSON: Mr. President.
10 ACTING PRESIDENT KUHL: Senator
11 Paterson, why do you rise?
12 SENATOR PATERSON: What calendar
13 number are we?
14 ACTING PRESIDENT KUHL: Calendar
15 Number 888, Senator Paterson, by Senator
16 Saland. It's Senate Print 6055A.
17 SENATOR PATERSON: May we have an
18 explanation on that, Mr. President?
19 SENATOR MARCELLINO: Mr.
20 President.
21 ACTING PRESIDENT KUHL: Senator
22 Marcellino.
23 SENATOR MARCELLINO: Can we lay
5802
1 that aside for the day, please.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside for the day.
4 THE SECRETARY: Calendar Number
5 895, by the Assembly Committee on Rules,
6 Assembly Print 7505C, an act to amend the
7 Environmental Conservation Law.
8 SENATOR PATERSON: Explanation.
9 ACTING PRESIDENT KUHL: Senator
10 Tully, an explanation of Calendar Number 895
11 Senate Print 4564C has been asked for by the
12 Acting Minority Leader, Senator Paterson.
13 SENATOR TULLY: Thank you, Mr.
14 President.
15 This legislation provides DEC -
16 it's a departmental bill -- with authority to
17 establish special management areas on and around
18 artificial and natural reefs and ship wrecks in
19 the marine and coastal district, and it also
20 develops regulations for the taking of fish,
21 shell fish and crustacea specific to those
22 areas. It really is to help eliminate the
23 conflicts between commercial and recreational
5803
1 users re the management of artificial reefs and
2 the habitat created.
3 This bill is sponsored by
4 Assemblyman Weisenberg in the other house. It's
5 passed that house twice, once unanimously last
6 year, and this year on February 28 by a vote of
7 142 to 2.
8 ACTING PRESIDENT KUHL: Senator
9 Paterson.
10 SENATOR PATERSON: Mr. President
11 I would like to congratulate Senator Tully and
12 Assemblyman Weisenberg for their work.
13 Actually, my question does not
14 really relate to the passage of this bill. I
15 think this is a very good bill, and the
16 management areas are particularly helpful around
17 the artificial reefs to supervise and make sure
18 that there isn't excessive fishing or problems
19 that would be caused.
20 If Senator Tully would just yield
21 for one question?
22 ACTING PRESIDENT KUHL: Senator
23 Tully, do you yield to one question from Senator
5804
1 Paterson?
2 SENATOR TULLY: Yes, Mr.
3 President.
4 ACTING PRESIDENT KUHL: The
5 Senator yields.
6 SENATOR PATERSON: Senator, my
7 question is just simply, in the establishment of
8 management areas particularly around the
9 artificial reefs, there are a lot of different
10 constructions that can qualify as artificial
11 reefs, not -- to forbid, for instance, the
12 sinking of an oil rig as an artificial reef in
13 certain areas. I wanted to know that in placing
14 those artificial reefs and setting up those
15 management areas, has there been any thought to
16 establishing environmental impact statements in
17 those particular areas, so we make sure the
18 shores are safe when we establish these
19 artificial reefs?
20 ACTING PRESIDENT KUHL: Senator
21 Tully.
22 SENATOR TULLY: Thank you, Mr.
23 President. Thank you, Senator Paterson for your
5805
1 kind remarks with regard to myself and
2 Assemblyman Weisenberg. They're certainly well
3 deserved in the case of Assemblyman Weisenberg.
4 With regard to EIS, in March of
5 1993 under the prior administration, DEC issued
6 its generic environmental impact statement and
7 plan for the development and management of
8 artificial reefs, and I am aware that there is a
9 memo in opposition to this proposal which is
10 concerned about the possibility of utilization
11 of an array of undesirable materials, and I have
12 in my hands a copy of a memo from Stephen
13 Bobarokus, who is the Legislative Council of New
14 York State DEC, which clearly indicates that the
15 existing management plan sets forth which
16 materials are acceptable for the construction of
17 artificial reefs and specifically indicates that
18 those referred to in the EPL memo will not be
19 included.
20 ACTING PRESIDENT KUHL: Senator
21 Paterson.
22 SENATOR PATERSON: Thank you very
23 much. That's quite good, Senator Tully. I
5806
1 think Senator Tully is engaged in too much
2 humility today. The remarks I meant for him
3 were actually heartfelt. It was Assemblyman
4 Weisenberg, who I was -- a little bit
5 superfluous. He was once my exercise
6 instructor, and he is the reason that I am the
7 shell of a man that I once was.
8 ACTING PRESIDENT KUHL: Senator
9 Leichter.
10 SENATOR LEICHTER: Will Senator
11 Tully yield?
12 ACTING PRESIDENT KUHL: Senator
13 Tully, do you yield to Senator Leichter?
14 SENATOR TULLY: Yes, Mr.
15 President.
16 ACTING PRESIDENT KUHL: The
17 Senator yields.
18 SENATOR LEICHTER: Senator, there
19 is nothing in your bill which states what
20 material DEC may use or may not use in the
21 making of artificial reefs; isn't that right?
22 SENATOR HOLLAND: That's
23 accurate.
5807
1 SENATOR LEICHTER: All you're
2 saying is if there's an artificial reef, however
3 done and under whatever conditions or
4 regulations or proposals, you limit fishing in
5 that reef.
6 SENATOR TULLY: That's correct,
7 Mr. President. For Senator Leichter's benefit,
8 this legislation simply provides DEC with the
9 authority to designate special management areas.
10 SENATOR LEICHTER: Right.
11 Mr. President. It's clear to me
12 that I think EPL has misunderstood the bill, and
13 that the objection that it states really has
14 nothing to do with the bill. The bill just says
15 there's going to be limited fishing in
16 artificial reefs, and how those reefs are
17 constructed or where they should be constructed
18 or why they should be constructed is a matter
19 for another day, another forum.
20 SENATOR TULLY: As usual, Mr.
21 President, Senator Leichter is the epitome of
22 clarity and lucidity.
23 ACTING PRESIDENT KUHL: Senator
5808
1 Marchi.
2 SENATOR MARCHI: Just one
3 question. It's more a matter of curiosity
4 rather than -- I intend to vote for the bill.
5 ACTING PRESIDENT KUHL: Senator
6 Tully, do you care to yield to a curious
7 question from Senator Marchi?
8 SENATOR TULLY: I do, yes.
9 ACTING PRESIDENT KUHL: The
10 Senator yields.
11 SENATOR MARCHI: There is a self
12 destruct in 1999.
13 SENATOR TULLY: Senator Marchi,
14 that's an excellent question. Just about three
15 minutes ago, I asked my counsel why that was in
16 there, and he said they put a sunset in the
17 original bill of 1999, and this is just
18 following it since it's an amendment.
19 SENATOR MARCHI: Very good. I'm
20 sensitive about time.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 2. This
5809
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 Announce the results when
6 tabulated.
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 895 are Senators
9 Abate, Dollinger, Goodman, LaValle, Leibell,
10 Nanula. Ayes 55. Nays 6.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 Secretary will continue to call
14 the controversial calendar.
15 SENATOR LEVY: No.
16 ACTING PRESIDENT KUHL: Also
17 Senator Levy will be recorded in the negative on
18 the last bill, 895.
19 THE SECRETARY: Calendar Number
20 1086, by Senator Goodman, Senate Print 7458, an
21 act to amend the Tax Law, in relation to
22 disclosure of tax returns.
23 SENATOR PATERSON: Explanation.
5810
1 SENATOR LEICHTER: Can you lay
2 that aside for the day, please?
3 ACTING PRESIDENT KUHL: Senator
4 Goodman, Senator Leichter has asked for the bill
5 to be laid aside for one day. Is that your
6 desire, or do you wish to debate the bill?
7 SENATOR GOODMAN: Senator, as we
8 discussed earlier, I was thinking of possibly
9 doing that but we already moved it if that's
10 agreeable to you.
11 SENATOR LEICHTER: Mr.
12 President. I have advised Senator Goodman that
13 I have an amendment which, indeed, has been
14 drafted and just put on my desk. Frankly, I
15 really would like to have a little more time on
16 that.
17 SENATOR GOODMAN: I would be glad
18 to provide that, Senator.
19 SENATOR LEICHTER: Thank you,
20 Senator Paterson.
21 ACTING PRESIDENT KUHL: Secretary
22 will lay the bill aside for the day at the
23 request of the sponsor.
5811
1 Continue to call the
2 controversial calendar.
3 THE SECRETARY: Calendar Number
4 1154, by Senator Velella, Senate Print 6497, an
5 act to amend the Vehicle and Traffic Law, in
6 relation to reports.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 60th day.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 SENATOR MARCELLINO: Mr.
15 President. May we lay that bill aside, please.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside at the request of the Majority
18 Leader.
19 SENATOR MARCELLINO: At the
20 request of the sponsor.
21 THE SECRETARY: Calendar Number
22 1203, by Senator Maltese, Senate Print 4524, an
23 act to amend the Election Law, in relation to
5812
1 the names of independent bodies.
2 SENATOR PATERSON: Explanation.
3 ACTING PRESIDENT KUHL: Senator
4 Maltese, an explanation of Calendar Number 1203
5 has been asked for by Senator Paterson.
6 SENATOR MALTESE: Yes, Mr.
7 President. This bill is very -- almost
8 identical to the same bill, seeking to
9 accomplish the same purpose in 1995 that passed
10 the Senate with 59 aye votes and one nay and
11 passed the Assembly with 134 aye votes to zero.
12 What we seek to do is to permit
13 the name of an independent body to contain the
14 word independent or a derivative of such word
15 but not as the sole name of such independent
16 body.
17 What we're hoping to do is allow
18 many parties across the state, including parties
19 that are not officially on the ballot when
20 independent candidates choose candidates to use
21 variations of "independent" if they have some
22 other words like independent fusion, independent
23 alliance, independent citizens, and so on.
5813
1 In addition, the bill would
2 provide that if the name is unduly similar to
3 the Independence Party which was formed in 1994
4 -- as my colleagues are aware, the attaining
5 the regular party status in New York State is
6 accomplished by securing 50,000 votes during a
7 gubernatorial year for the candidates for
8 Governor and Lieutenant Governor. In 1994 the
9 Independence Party gained that status. As a
10 result reading that in conjunction with the
11 Election Law provision in Section 6138 would
12 preclude entirely other groups and parties from
13 using even similar names using independent,
14 trying to show the voter that they are indeed
15 independent, differentiating them from the other
16 regular parties.
17 In addition, the bill seeks to
18 alleviate the problem of many courts and boards,
19 that when the name of a party is similar they
20 strike the petitions and do not give the
21 candidates an opportunity to file another
22 petition or to pick another name. What this
23 bill specifically by its provisions does is
5814
1 permits the new party to select another name in
2 lieu of that, in lieu of being stricken from the
3 ballot. It is to all intents and purposes, as
4 near as I can see, a good government bill.
5 ACTING PRESIDENT KUHL: Senator
6 Hoffmann.
7 SENATOR HOFFMANN: I wonder if
8 the Senator would yield to a question, Mr.
9 President.
10 ACTING PRESIDENT KUHL: Senator
11 yields.
12 SENATOR HOFFMANN: Senator
13 Maltese, am I correct in understanding that the
14 name or term "independence", as you give the
15 example, may be used, but the term "independent"
16 is specifically prohibited at this point?
17 SENATOR MALTESE: Mr. President,
18 it's my understanding that the name of the new
19 party is "Independence" and most of the case law
20 on that was made in 1970 with -- when the
21 Conservation Party attempted to secure a ballot
22 position, and the Conservative Party fought that
23 lawsuit, and I was the attorney at that time and
5815
1 it went to the Court of Appeals and the Court of
2 Appeals ruled that the names were so similar
3 that it would -- there would be considerable
4 confusion, and this was borne out by the fact
5 that the court calendars at the Court of
6 Appeals, the bulletin board at the Court of
7 Appeals, and the New York Times stories at the
8 time confused the names and used them
9 interchangeably. So, therefore, the -- it was
10 upheld, the candidate Ottinger at that time for
11 U. S. Senate, his Conservation Party was
12 stricken, and he was not given another
13 opportunity to select a new party name.
14 The -- thus the section is the
15 law and if a -- a group attempted to utilize the
16 name "Independent" without the permission, if
17 you will, or authorization of the Independence
18 Party, they would not be able to do so; but if
19 this bill is enacted, it would clarify any
20 confusion, and a local group would be able to
21 use the name "Independent" together with some
22 other word. If they used only word
23 "Independent", they would not be able to
5816
1 utilize it, in my opinion, and then the court
2 would or the board would give them an
3 opportunity to select another name.
4 ACTING PRESIDENT KUHL: Senator
5 Hoffmann.
6 SENATOR HOFFMANN: Thank you, Mr.
7 President.
8 Thank you, Senator Maltese, for
9 your explanation, and I believe I understand the
10 purpose of the bill and much of it makes good
11 sense from a housekeeping perspective, but I'm
12 probably somewhat unique in this chamber in that
13 I have, in fact, run with an "Independent"
14 ballot line in the past, and in several
15 different elections I circulated the requisite
16 number of petitions and had my name placed on
17 the ballot, in what we called the "Independent",
18 with a "t", Party.
19 Now, it would seem to me after
20 having done that three or four times and having
21 had no objection to it from the state Board of
22 Elections, that there should be some, oh,
23 priority given, for lack of a better word. I
5817
1 like to think that I'm "grandmothered" in for
2 use of that term for some time in the future;
3 but instead I find that another organization -
4 and you successfully explained that it is, in
5 fact, a political party as opposed to an
6 individual with a -- with a ballot line -- I
7 don't purport to be a political party although
8 other candidates have used the same ballot
9 symbol and the same party designation that I
10 created initially in 1984, so I guess you could
11 say I am part of a minor party, but Mr. Golisano
12 and the very formidable Independence Party
13 appears to be given some preferential treatment
14 here in creating a statute that would forbid
15 anyone to do what I have already done
16 successfully.
17 Now, I don't have any particular
18 need to continue using that term, and this
19 raises another interesting dilemma for me.
20 Having seen Mr. Golisano co-opt a variation on
21 the term that I used for a party definition, I
22 changed my party's definition a couple of years
23 ago to the Reform Party. I thought that fit
5818
1 more clearly with the agenda that I was promot
2 ing, and so we've had the Reform Party on the
3 ballot in central New York a couple of times and
4 other people have also, with my permission, used
5 my ballot symbol, which is a little picture of a
6 family farm, by the way, and the name Reform
7 Party.
8 Now, I understand, if I'm reading
9 the newspapers correctly, that another multi
10 millionaire wants to have a "Reform Party", and
11 if ross Perot and Tom Golisano are going to go
12 around and steal all my ideas and create
13 political parties and we're just going to cave
14 in and put in statute laws that allow them to do
15 that, I think it's important here for people to
16 understand that that's what's happening.
17 I believe that we should be
18 operating a little differently. This is not a
19 personal issue for me. It's one that I have
20 experienced, so I understand that there are
21 probably other candidates out there that might
22 encounter a similar situation in the future. So
23 I'm sure that I'm likely to be either the only
5819
1 or one of a handful of votes in this chamber,
2 but I think in the interest of good government,
3 it would be appropriate for some of us to
4 register that we do not want to allow multi
5 millionaires, by virtue of the fact that they
6 are capable of enacting a significant number of
7 signatures and create a political party, to
8 preclude somebody else who has already had the
9 use of that term from continuing to use that
10 term.
11 That's, in effect, a form of
12 discrimination. I believe here that the prior
13 usage should have been considered before
14 granting sole ownership to the Golisano
15 Independence Party.
16 So I'm -- I'm left with this
17 difficult dilemma of voting against something
18 that probably has little meaning to most of the
19 other members of this house, considering the
20 fact that we know because of gerrymandering and
21 the political line-up in this house and in the
22 other chamber, that most races are not in
23 question to the extent that that third party is
5820
1 going to make a significant difference in the
2 outcome of a race. I would imagine most people
3 here will find this a convenient measure to just
4 clean up what has become a cumbersome little bit
5 of housekeeping.
6 I see it a little differently. I
7 see it as an inappropriate response to thwart
8 independence in its very essence, independence
9 among candidates who might otherwise not be
10 elected to serve in this or the other chamber of
11 the New York State Legislature, and I would just
12 for the record ask that some of my colleagues
13 might reflect on that and join me in casting a
14 "no" vote today.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll. )
22 ACTING PRESIDENT KUHL: Senator
23 DeFrancisco to explain his vote.
5821
1 SENATOR DeFRANCISCO: Yes. I
2 vote aye, and I just want to state my reasons
3 for the record.
4 I think that there's many, many
5 misinformed voters in all the districts through
6 out the state in a think there is such a thing
7 as an "independent party", and that the name
8 itself means it's a party and I think it was
9 misleading on ballots to have a name called
10 "independent" which played into the voters mis
11 understandings that this was not a party at
12 all. It was merely a group of people who
13 happened to sign a petition, and I say this
14 because I've gotten an Independent line as well,
15 and I understand that many people who knew that
16 I had an Independent line were confused about
17 whether there was a party as opposed to a loose
18 knit group of Republicans, Democrats and the
19 like who signed a series of petitions.
20 So I think this is a good bill to
21 avoid a situation that would be re-occurring
22 where confused voters would think there is such
23 a party as "independent" just because a group of
5822
1 Republicans and Democrats signed a petition to
2 put the person on the ballot under that
3 misleading name.
4 I agree with Senator Hoffmann,
5 however, in one respect, and that is that same
6 confusion is going to continue now because of
7 one party that happened to get enough votes in a
8 gubernatorial election year to continue that
9 confusion a little bit within the voters' minds;
10 so I'm going to vote "aye".
11 ACTING PRESIDENT KUHL: Announce
12 the results.
13 Senator Marchi to explain his
14 vote.
15 SENATOR MARCHI: I just wanted to
16 make an observation. Independence, George
17 Bernard Shaw said, is middle class blasphemy.
18 I vote "aye" on this bill.
19 ACTING PRESIDENT KUHL: Announce
20 the results.
21 THE SECRETARY: Ayes 50, nays
22 one, Senator Hoffmann recorded in the negative.
23 ACTING PRESIDENT KUHL: The bill
5823
1 is passed.
2 Senator Marcellino.
3 SENATOR MARCELLINO: Mr.
4 President, is there any housekeeping at the
5 desk?
6 ACTING PRESIDENT KUHL: Yes, we
7 have several substitutions we can take at this
8 time. Ask the Secretary to read.
9 THE SECRETARY: On page 10,
10 Senator Wright moves to discharge from the
11 Committee on Rules Assembly Bill Number 9125 and
12 substitute it for the identical Third Reading
13 Calendar 409.
14 On page 61, Senator Holland moves
15 to discharge from the Committee on Rules
16 Assembly Bill Number 9823-A, and substitute it
17 for the identical Third Reading Calendar 1170.
18 On page 35, Senator Present moves
19 to discharge from the Committee on Rules
20 Assembly Bill Number 8394-B and substitute it
21 for the identical Third Reading Calendar 916.
22 On page 36, Senator Larkin moves
23 to discharge from the Committee on Rules
5824
1 Assembly Bill Number 7695-B, and substitute it
2 for the identical Third Reading Calendar 924.
3 On page 46, Senator Farley moves
4 though discharge from the Committee on Rules
5 Assembly Bill Number 10508 and substitute it for
6 the identical Third Reading Calendar 1022.
7 On page 48, Senator Lack moves to
8 discharge from the Committee on Rules Assembly
9 Bill Number 2417-A, and substitute it for the
10 identical Third Reading Calendar 1057.
11 So page 49, Senator Hannon moves
12 to discharge from the Committee on Rules
13 Assembly Bill Number 9118 and substitute it for
14 the identical Third Reading Calendar 1061.
15 On page 48, Senator Skelos moves
16 to discharge from the Committee on Rules
17 Assembly Bill Number 4728-C and substitute it
18 for the identical Third Reading Calendar 1053.
19 And on page 70, Senator Libous
20 moves to discharge from the Committee on Rules
21 Assembly Bill Number 9824 and substitute it for
22 the identical Third Reading Calendar 714.
23 ACTING PRESIDENT KUHL:
5825
1 Substitutions are ordered.
2 Senator Smith, why do you rise?
3 SENATOR SMITH: Thank you, Mr.
4 President.
5 I rise because on Wednesday, May
6 22nd, I was out of the chamber on some very
7 important legislative business, and I'd like to
8 note for the record, had I been here, I would
9 have voted in the negative on Calendar Number
10 1151, Bill Number 6353, and Calendar Number
11 1092, Bill Number 3065.
12 ACTING PRESIDENT KUHL: Senator
13 Smith, the record will reflect that had you been
14 in the chamber whenever the votes on Calendar
15 Number 1190 -- 1151 and 1092 -
16 SENATOR SMITH: 1092.
17 ACTING PRESIDENT KUHL: -- were
18 taken, that you would have voted in the
19 negative.
20 SENATOR SMITH: Thank you very
21 much, Mr. President.
22 ACTING PRESIDENT KUHL: Senator
23 Marcellino.
5826
1 SENATOR MARCELLINO: Now, Mr.
2 President, there being no further business, I
3 move that we adjourn until Wednesday, May 29th,
4 at 3:00 p.m., in memory of Assemblyman Philip
5 Healey, who passed away yesterday, and Mr. Harry
6 Connor, the father of our Minority Leader.
7 ACTING PRESIDENT KUHL: Without
8 objection, the Senate stands adjourned until
9 tomorrow, Wednesday, May 29th, at 3:00 p.m., in
10 memory of Harry Connor and Phil Healey.
11 (Whereupon at 4:55 p.m., the
12 Senate adjourned. )
13
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21
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23