Regular Session - June 5, 1996
6553
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8 ALBANY, NEW YORK
9 June 5, 1996
10 10:00 a.m.
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13 REGULAR SESSION
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15
16
17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
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6554
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: Senate
3 will come to order. Ask the members to take
4 their places, staff to find their places.
5 I ask everybody in the chamber to
6 rise and join me in saying the Pledge of
7 Allegiance to the Flag, and remain standing for
8 the invocation.
9 (The assemblage repeated the
10 Pledge of Allegiance to the Flag.)
11 We're very pleased to be joined
12 by the Reverend Tony Cestone of Christ Alive
13 Ministries in Hartsdale, New York.
14 Reverend Cestone.
15 REVEREND TONY CESTONE: Good
16 morning. Let us pray.
17 O Heavenly Father, we thank You
18 for bringing us all here today, and we thank You
19 for giving us breath once again. We thank You
20 for living in the land of the living.
21 I ask You, Lord, this special day
22 to give these men and women knowledge,
23 understanding and wisdom to operate in Your
6555
1 perfect will and for them to have the true fear
2 of God so that, in turn, they can make the right
3 decisions, not according to head knowledge but
4 according to the heart that they will truly make
5 decisions today and to care for life that is so
6 precious to You, and that all the decisions that
7 they will make today will be according to Your
8 will and purpose so that we may live a peaceful
9 life in this state. Let them regard life as You
10 have ordained it.
11 We thank You, Lord, that You will
12 guide them and direct them, O God, and that they
13 can live at peace with one another. We thank
14 You, and we are ever so grateful to acknowledge
15 You as our Lord, as our Saviour, the Messiah
16 Israel, the Lord Jesus Christ.
17 Amen.
18 Thank you, Reverend Cestone.
19 Reading of the Journal.
20 THE SECRETARY: In Senate,
21 Tuesday, June 4th. The Senate met pursuant to
22 adjournment. The Journal of Monday, June 3rd,
23 was read and approved. On motion, Senate
6556
1 adjourned.
2 ACTING PRESIDENT KUHL: Hearing
3 no objection, the Journal stands approved as
4 read.
5 Presentation of petitions.
6 Messages from the Assembly.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Chair recognizes Senator
14 Marcellino.
15 SENATOR MARCELLINO: Mr.
16 President, on behalf of Senator Libous, on page
17 number 15, I offer the following amendments to
18 Calendar Number 581, Senate Print Number 6197,
19 and ask that the bill retain its place on the
20 Third Reading Calendar.
21 ACTING PRESIDENT KUHL:
22 Amendments to Calendar Number 581 are received
23 and adopted. The bill will retain its place on
6557
1 the Third Reading Calendar.
2 Senator Marcellino.
3 SENATOR MARCELLINO: Mr.
4 President, on behalf of Senator Libous, once
5 again, on page number 26, I offer the following
6 amendments to Calendar Number 917, Senate Print
7 Number 6285, and ask that the bill retain its
8 place on the Third Reading Calendar.
9 ACTING PRESIDENT KUHL:
10 Amendments to Calendar Number 917 are received
11 and adopted. The bill will retain its place on
12 the Third Reading Calendar.
13 Senator Marcellino.
14 SENATOR MARCELLINO: Mr.
15 President, on behalf of Senator Trunzo, on page
16 number 29, I offer the following amendments to
17 Calendar Number 969, Senate Print Number 5985A,
18 and ask that said bill retain its place on the
19 Third Reading Calendar.
20 ACTING PRESIDENT KUHL:
21 Amendments to Calendar Number 969 are received
22 and adopted. The bill will retain its place on
23 the Third Reading Calendar.
6558
1 Senator Marcellino.
2 SENATOR MARCELLINO: Mr.
3 President, on behalf of Senator Rath, on page
4 number 33, I offer the following amendments to
5 Calendar Number 1046, Senate Print Number 7370,
6 and ask that said bill retain its place on the
7 Third Reading Calendar.
8 ACTING PRESIDENT KUHL:
9 Amendments to Calendar Number 1046 are received
10 and adopted. The bill will retain its place on
11 the Third Reading Calendar.
12 Senator Marcellino.
13 SENATOR MARCELLINO: Mr.
14 President, on behalf of Senator Lack, on page
15 number 34, I offer the following amendments to
16 Calendar Number 1055, Senate Print Number 4606,
17 and ask that said bill retain its place on the
18 Third Reading Calendar.
19 ACTING PRESIDENT KUHL:
20 Amendments to Calendar Number 1055 are received
21 and adopted. The bill will retain its place on
22 the Third Reading Calendar.
23 SENATOR MARCELLINO: Thank you,
6559
1 Mr. President.
2 ACTING PRESIDENT KUHL: Senator
3 DiCarlo.
4 SENATOR DiCARLO: Mr. President,
5 on behalf of Senator Trunzo, please remove the
6 sponsor's star from Calendar Number 130.
7 ACTING PRESIDENT KUHL: At the
8 request of the sponsor, the star is removed from
9 Calendar Number 130.
10 Senator DiCarlo.
11 SENATOR DiCARLO: Mr. President,
12 on behalf of Senator Rath, I wish to call up her
13 bill, Print Number 7364, recalled from the
14 Assembly, which is now at the desk.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the title.
17 THE SECRETARY: By Senator Rath,
18 Senate Print 7364, an act to amend the Real
19 Property Tax Law.
20 ACTING PRESIDENT KUHL: Senator
21 DiCarlo.
22 SENATOR DiCARLO: Mr. President,
23 I now move to reconsider the vote by which the
6560
1 bill passed.
2 ACTING PRESIDENT KUHL: The
3 motion is to reconsider the vote by which the
4 bill passed the house.
5 The Secretary will call the roll
6 on reconsideration.
7 (The Secretary called the roll on
8 reconsideration.)
9 THE SECRETARY: Ayes 33.
10 ACTING PRESIDENT KUHL: The bill
11 is before the house.
12 Senator DiCarlo.
13 SENATOR DiCARLO: Mr. President,
14 I now offer the following amendments.
15 ACTING PRESIDENT KUHL:
16 Amendments are received and adopted.
17 Senator Skelos, we have some
18 substitutions at the desk.
19 SENATOR SKELOS: Please make the
20 substitutions, Mr. President.
21 ACTING PRESIDENT KUHL: Secretary
22 will read.
23 THE SECRETARY: On page 45,
6561
1 Senator Present moves to discharge from the
2 Committee on Rules Assembly Bill 7916A and
3 substitute it for the identical Senate Bill
4 993A.
5 On page 48, Senator Volker moves
6 to discharge from the Committee on Rules
7 Assembly Bill 10409 and substitute it for the
8 identical Senate Bill 6535.
9 On page 48, Senator Bruno moves
10 to discharge from the Committee on Rules
11 Assembly Print Bill 9085 and substitute it for
12 identical Senate Bill 7511.
13 ACTING PRESIDENT KUHL:
14 Substitutions are ordered.
15 Senator Skelos, that brings us to
16 the calendar.
17 SENATOR SKELOS: Mr. President,
18 please take up the noncontroversial calendar.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the noncontroversial
21 calendar.
22 THE SECRETARY: Calendar Number
23 191, by Member of the Assembly Bragman, Assembly
6562
1 Print 8454C.
2 SENATOR SKELOS: Lay it aside.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 THE SECRETARY: Calendar Number
6 270, by Senator Hoblock, Senate Print 4211, an
7 act to amend the Alcoholic Beverage Control Law,
8 in relation to compensatory service.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 8. This
12 act shall take effect the 1st day of January.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 33.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 336, by Senator Libous, Senate Print 4443A.
21 SENATOR SKELOS: Lay it aside
22 temporarily.
23 ACTING PRESIDENT KUHL: Lay the
6563
1 bill aside temporarily.
2 THE SECRETARY: Calendar Number
3 348, by Senator Libous.
4 SENATOR SKELOS: Lay it aside
5 temporarily.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 THE SECRETARY: Calendar Number
9 364, by Senator Libous, Senate Print Number
10 4440B.
11 SENATOR SKELOS: Lay it aside
12 temporarily.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside.
15 THE SECRETARY: Calendar Number
16 700, by Senator DiCarlo, Senate Print 1982, an
17 act to amend the Executive Law, in relation to
18 testing of certain applicants for employment.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
6564
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 33.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 714, by Member of the Assembly Towns.
8 SENATOR SKELOS: Lay it aside
9 temporarily.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside.
12 SENATOR SKELOS: Also lay aside
13 Calendar Number 757 temporarily.
14 ACTING PRESIDENT KUHL: 757 is
15 laid aside temporarily.
16 THE SECRETARY: Calendar Number
17 817, by Senator Levy, Senate Print 5792A, an act
18 to amend Chapter 312 of the Laws of 1994.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
6565
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 33.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 833, by Senator Maziarz.
8 SENATOR SKELOS: Lay it aside
9 temporarily.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside.
12 THE SECRETARY: Calendar Number
13 868, by Senator Saland, Senate Print 6813A, an
14 act to amend Family Protection and Domestic
15 Violence Intervention Act of 1994.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 3. 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 33.
6566
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 905, by Senator Nozzolio, Senate Print 4473A, an
5 act to amend the Executive Law, in relation to
6 final revocation hearings.
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 90th day.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 33.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 989, by Senator Spano, Senate Print 6209A, an
19 act to amend the State Finance Law, in relation
20 to payment of emergency financial aid.
21 SENATOR PATERSON: Lay it aside.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside.
6567
1 THE SECRETARY: Calendar Number
2 1052, by Senator Holland, Senate Print 1250A, an
3 act to amend General Obligations Law, in
4 relation to the liability of persons.
5 SENATOR PATERSON: Lay it aside.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 THE SECRETARY: Calendar Number
9 1124, by Senator Levy, Senate Print 325, an act
10 to amend the Vehicle and Traffic Law.
11 SENATOR SKELOS: Lay it aside
12 temporarily, and also Calendar 1141.
13 ACTING PRESIDENT KUHL: Calendar
14 Number 1124 will be laid aside. Also Calendar
15 Number 1141 will be laid aside.
16 THE SECRETARY: Calendar Number
17 1228, by Senator Stafford, Senate Print 612, an
18 act to amend the Environmental Conservation Law,
19 in relation to citing of industrial hazardous
20 waste facilities.
21 SENATOR PATERSON: Lay it aside.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside.
6568
1 THE SECRETARY: Calendar Number
2 1240, by Senator Present, Senate Print 766, an
3 act to amend the Tax Law, in relation to the
4 exemption from sales and use taxes.
5 ACTING PRESIDENT KUHL: There is
6 a local fiscal note at the desk.
7 The Secretary will read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 1st day of
11 December.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 36.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1241, by Senator Kuhl, Senate Print 906, an act
20 to amend the Tax Law, in relation to certain Tax
21 Department liens.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
6569
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 36.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1242, substituted earlier today, by the Assembly
11 Committee on Rules, Assembly Print 7916A, an act
12 to amend the Tax Law, in relation to penalties
13 and interest assessments.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first day of the
18 first quarter.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 40.
23 ACTING PRESIDENT KUHL: The bill
6570
1 is passed.
2 THE SECRETARY: Calendar Number
3 1244, by Senator Johnson, Senate Print 2402.
4 SENATOR SKELOS: Lay it aside
5 temporarily.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 THE SECRETARY: Calendar Number
9 1245, by Senator Marchi, Senate Print 3125A, an
10 act to allow Michael Acito to receive credit in
11 the New York State and Local Employees'
12 Retirement System.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 40.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
6571
1 1246, by Senator Nozzolio, Senate Print 3203.
2 SENATOR PATERSON: Lay it aside.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 THE SECRETARY: Calendar Number
6 1247, by Senator Volker, Senate Print 3812, an
7 act to amend the Civil Practice Law and Rules,
8 in relation to the validity of the service of
9 process.
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 1st day of January.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 41.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1248, by Senator Nozzolio, Senate Print 3948, an
22 act to amend the Criminal Procedure Law and the
23 Executive Law, in relation to providing to
6572
1 victims.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 90th day.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 41.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1249, by Senator Hoblock, Senate Print 4455, an
14 act to amend the Executive Law, in relation to
15 display of the prisoner of war and missing in
16 action flag.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 120th day.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
6573
1 THE SECRETARY: Ayes 43.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1250, by Senator Maziarz, Senate Print 5321A, an
6 act to amend the Criminal Procedure Law, in
7 relation to the period of limitation.
8 SENATOR PATERSON: Lay it aside.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 1251, by Senator Santiago, Senate Print 5493, an
13 act to amend the Banking Law, in relation to
14 authorizing the Superintendent in certain
15 circumstances.
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 44.
6574
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1252, by Senator Volker.
5 SENATOR SKELOS: Lay it aside for
6 the day.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside for the day.
9 SENATOR SKELOS: Also Calendar
10 Number 1253.
11 ACTING PRESIDENT KUHL: Lay aside
12 Calendar Number 1253 aside for the day.
13 THE SECRETARY: Calendar Number
14 1254, by Senator Hoblock, Senate Print 5795, an
15 act to amend Chapter 553 of the Laws of 1994.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 45.
6575
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1255, by Senator Hoblock, Senate Print 5798A, an
5 act to amend the Education Law, in relation to
6 tuition awards for certain veterans.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 45.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1256, by Senator Holland, Senate Print 6157, an
19 act allowing the Village of Piermont, Rockland
20 County.
21 SENATOR PATERSON: Lay it aside.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside.
6576
1 THE SECRETARY: Calendar Number
2 1257, by Senator Nozzolio, Senate Print 6334, an
3 act to amend the Navigation Law, in relation to
4 the regulations of construction.
5 SENATOR PATERSON: Lay it aside.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 THE SECRETARY: Calendar Number
9 1258, substituted earlier today, by the Assembly
10 Committee on Rules, Assembly Print 10409, an act
11 to amend the Civil Practice Law and Rules.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 1st day of January.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 47.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1259, by Senator Stafford, Senate Print 6637, an
6577
1 act to continue the existence of Hamilton County
2 Industrial Development Agency.
3 ACTING PRESIDENT KUHL: There is
4 a home rule message at the desk.
5 The Secretary will read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 47.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1260, by Senator Kuhl, Senate Print 7010, an act
17 to amend the General City Law, in relation to
18 excluding the City of Corning from the
19 provisions of Article 4.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
6578
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 47.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1261, by Senator Larkin, Senate Print 7090A, an
9 act to establish a Library District in the City
10 of Kingston.
11 SENATOR PATERSON: Lay it aside.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 1262, by Senator Cook, Senate Print 7206A, an
16 act to create the Wallkill Public Library
17 District.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 9. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
6579
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 47.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1263, by Senator Sears.
7 SENATOR SKELOS: Lay aside
8 Calendar Number 1263 and Calendar Number 1264
9 for the day.
10 ACTING PRESIDENT KUHL: Calendar
11 Number 1263 and Calendar Number 1264 are laid
12 aside for the day.
13 THE SECRETARY: Calendar Number
14 1265, substituted earlier today, by Member of
15 the Assembly Canestrari, Assembly Bill 9085, an
16 act to amend the Public Authorities Law, in
17 relation to the membership of the board of
18 directors of the Hudson-Mohawk Urban Cultural
19 Park Commission.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
6580
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 47.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1266, by Senator Larkin, Senate Print 7513.
9 SENATOR PATERSON: Lay it aside.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside.
12 Senator Skelos, that completes
13 the reading of the noncontroversial calendar.
14 SENATOR SKELOS: Mr. President,
15 if we could move to the controversial calendar
16 and start with Calendar Number 989.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the title of Calendar Number 989.
19 THE SECRETARY: On page 30,
20 Calendar Number 989, by Senator Spano, Senate
21 Print 6209A, an act to amend the State Finance
22 Law, in relation to payment of emergency
23 financial aid.
6581
1 SENATOR PATERSON: Explanation.
2 SENATOR SKELOS: Lay it aside
3 temporarily.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside.
6 SENATOR SKELOS: Lay aside 1052
7 temporarily. The next bill would be Calendar
8 Number 1228.
9 ACTING PRESIDENT KUHL: Secretary
10 will read Calendar Number 1228.
11 THE SECRETARY: Calendar Number
12 1228, by Senator Stafford, Senate Print 612, an
13 act to amend the Environmental Conservation Law,
14 in relation to the siting of industrial
15 hazardous waste facilities.
16 SENATOR PATERSON: Explanation.
17 SENATOR SKELOS: Lay it aside
18 temporarily.
19 ACTING PRESIDENT KUHL: Lay the
20 bill aside.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 would you please take up Calendar Number 1246,
6582
1 by Senator Nozzolio.
2 And there will be an immediate
3 meeting of the Rules Committee in Room 332 of
4 the Capitol.
5 ACTING PRESIDENT KUHL: There
6 will be an immediate meeting of the Rules
7 Committee in the Majority Conference Room, Room
8 332. An immediate meeting of the Rules
9 Committee in the Majority Conference Room, Room
10 332.
11 Secretary will read the title to
12 Calendar Number 1246.
13 THE SECRETARY: Calendar Number
14 1246, by Senator Nozzolio, Senate Print 3203, an
15 act in relation to authorizing the town of East
16 Bloomfield, Ontario County, to grant a business
17 investment real property tax exemption.
18 SENATOR PATERSON: Explanation.
19 ACTING PRESIDENT KUHL: Senator
20 Nozzolio, an explanation of Calendar Number 1246
21 has been asked for by the Acting Minority
22 Leader, Senator Paterson.
23 SENATOR NOZZOLIO: Thank you, Mr.
6583
1 President.
2 Mr. President, my colleagues:
3 The measure before us allows a small town in
4 Ontario County, a county that Senator Kuhl and I
5 represent, to grant a business investment real
6 property tax exemption in order to create some
7 stimulus for economic development purposes. The
8 law already provides for a real property tax
9 exemption up to 50 percent on commercial and
10 industrial properties for new construction.
11 This measure extends that to grant the town
12 ability to do that for full real property tax
13 exemption.
14 ACTING PRESIDENT KUHL: Secretary
15 will read the last section.
16 SENATOR DOLLINGER: Mr.
17 President.
18 ACTING PRESIDENT KUHL: Senator
19 Dollinger.
20 SENATOR DOLLINGER: May I ask one
21 question of the sponsor, please?
22 ACTING PRESIDENT KUHL: Senator
23 Nozzolio, do you yield to Senator Dollinger for
6584
1 one question?
2 SENATOR NOZZOLIO: Yes.
3 SENATOR DOLLINGER: Does this tax
4 abatement that would be authorized in the
5 bill -- is this greater than or less than or
6 equivalent to the current tax abatements that
7 are available to a comparable business in Monroe
8 County next door?
9 SENATOR NOZZOLIO: I'm not sure.
10 SENATOR DOLLINGER: On the bill,
11 Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 Dollinger, on the bill.
14 SENATOR DOLLINGER: As a former
15 member of the Monroe County Legislature who was
16 engaged in a number of tax abatements and who
17 felt that the issue of competition between the
18 counties, although it may benefit one county
19 over another, was nonetheless inconsistent with
20 the idea of regional tax incentives and regional
21 planning for businesses throughout this region,
22 through the Finger Lakes region, I'm concerned,
23 because I don't want to give Ontario County an
6585
1 advantage in property tax exemptions over Monroe
2 County, and I'm concerned that if this bill
3 might do that it would disadvantage my county in
4 competing for those very same jobs and
5 opportunities; and so, under those circumstances
6 since I'm not sure what the impact will be, I
7 will be voting in the negative, Mr. President,
8 to protect Monroe County.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 Announce the results when
17 tabulated.
18 THE SECRETARY: Ayes 48, nays 1,
19 senator DiCarlo recorded in the negative.
20 Excuse me. Ayes 48, nays 1, Senator Dollinger
21 recorded in the negative.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
6586
1 Senator DiCarlo.
2 SENATOR DiCARLO: Mr. President,
3 can we now call up Calendar 1052, please.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the title to Calendar Number 1052.
6 THE SECRETARY: Calendar Number
7 1052, by Senator Holland, Senate Print 1250A, an
8 act to amend the General Obligations Law, in
9 relation to the liability of persons involved in
10 equine activities.
11 SENATOR PATERSON: Explanation.
12 ACTING PRESIDENT KUHL: Senator
13 Holland, an explanation of Calendar Number 1052
14 has been asked for by the Acting Minority
15 Leader, Senator Paterson.
16 SENATOR HOLLAND: Mr. President,
17 this provides an equine activity sponsor who is
18 an equine professional or any other person,
19 which shall include a corporation or
20 partnership, shall not be liable for an injury
21 to or the death of a participant resulting from
22 the inherent risk of equine activities except
23 under certain circumstances.
6587
1 What we're trying to do with the
2 bill is make the responsibility of the
3 individual just like it presently is under
4 skiing conditions in the State of New York
5 today.
6 ACTING PRESIDENT KUHL: Senator
7 Paterson.
8 SENATOR PATERSON: Mr. President,
9 if Senator Holland will yield?
10 ACTING PRESIDENT KUHL: Senator
11 Holland, do you yield?
12 SENATOR HOLLAND: Yes.
13 ACTING PRESIDENT KUHL: Senator
14 yields.
15 SENATOR PATERSON: Senator, this
16 is the same bill that we had last year?
17 SENATOR HOLLAND: Yes, sir.
18 SENATOR PATERSON: Okay. Very
19 good. I would just like the record to reflect
20 that Senators Abate and Dollinger voted against
21 it last year.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
6588
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll.)
6 Announce the results when
7 tabulated.
8 THE SECRETARY: Ayes 48, nays 1,
9 Senator Dollinger recorded in the negative.
10 ACTING PRESIDENT KUHL: Bill is
11 passed.
12 Senator Lachman, why do you
13 rise?
14 SENATOR LACHMAN: Mr. President,
15 yesterday this chamber adopted 653A. My vote at
16 that time was partially predicated on two
17 memoranda in support of the legislation, one of
18 which was in contradiction to the other one.
19 Several hours later, Senator Skelos' office sent
20 me another memorandum which corrected the first
21 version, and now that the legislation has two
22 memoranda that are the same in support of the
23 legislation, if I had received this information
6589
1 yesterday, I would have voted in favor of 653A
2 rather than in opposition.
3 Thank you.
4 ACTING PRESIDENT KUHL: The
5 record will reflect, Senator Lachman, that had
6 you been aware of that information yesterday
7 when the roll call was taken on Senate Bill 653A
8 that you would have voted in the affirmative.
9 Senator DiCarlo.
10 SENATOR DiCARLO: Mr. President,
11 may we now take up Calendar 1250, please.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the title of Calendar Number 1250.
14 THE SECRETARY: Calendar Number
15 1250, by Senator Maziarz, Senate Print 5321A, an
16 act to amend the Criminal Procedure Law, in
17 relation to period of limitation.
18 ACTING PRESIDENT KUHL: Senator
19 Paterson.
20 SENATOR PATERSON: Mr. President,
21 on the bill. Last year, there were -
22 ACTING PRESIDENT KUHL: Senator
23 Paterson, on the bill.
6590
1 SENATOR PATERSON: -- there were
2 14 negatives to this bill, and Senator Maziarz
3 very graciously agreed to look at it pursuant to
4 some recommendations from Senator Abate and
5 others, and we have looked it over now, and we
6 think the bill is fine, and we thank Senator
7 Maziarz for his assistance.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 2. 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: Senator DiCarlo.
19 SENATOR DiCARLO: Mr. President,
20 can we please take up Calendar 1256.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the title of Calendar Number
23 1256.
6591
1 THE SECRETARY: Calendar Number
2 1256, by Senator Holland, Senate Print 6157, an
3 act allowing the village of Piermont, Rockland
4 County, to establish a homestead class.
5 SENATOR PATERSON: Explanation.
6 ACTING PRESIDENT KUHL: Senator
7 Holland, an explanation of Calendar Number 1256
8 has been requested by Senator Paterson.
9 SENATOR HOLLAND: Yes, Mr.
10 President. This bill will allow the Village of
11 Piermont in Rockland County, to establish a
12 homestead class without undertaking a
13 revaluation or update of property assessment
14 value since they just did it in 1992.
15 ACTING PRESIDENT KUHL: Senator
16 Paterson.
17 SENATOR PATERSON: Yes, Mr.
18 President.
19 ACTING PRESIDENT KUHL: Nice to
20 have you in the chamber, sir. Would you like me
21 to read the last section?
22 SENATOR PATERSON: Well, this is
23 such a good bill, I think we should read all the
6592
1 sections. But if it would expiate the process,
2 let's just read the last section.
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 50.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 Senator DiCarlo.
14 SENATOR DiCARLO: Mr. President,
15 can we now take up Calendar 989.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the title to Calendar Number 989.
18 THE SECRETARY: Calendar Number
19 989, by Senator Spano, Senate Print 6209A, an
20 act to amend the State Finance Law, in relation
21 to payment of emergency financial aid.
22 SENATOR PATERSON: Explanation.
23 ACTING PRESIDENT KUHL: Senator
6593
1 Spano, an explanation of Calendar Number 989 has
2 been asked for by Senator Paterson.
3 SENATOR SPANO: Thank you, Mr.
4 President.
5 This bill is one that we pass
6 every year for emergency financial aid to the
7 big five cities in New York State. The only
8 change this year from bills that we've passed
9 previously was that we amended this to change
10 the date of payment from June until March, and
11 this was requested by Division of Budget. The
12 purpose was so they would be able to get the
13 financial aid payments out to the cities
14 quicker. We have checked with the big five
15 cities who are affected by this, and each of
16 them are supportive of this amendment.
17 ACTING PRESIDENT KUHL: Senator
18 Paterson.
19 SENATOR PATERSON: Sorry, Mr.
20 President. I don't mind being a puppet, but
21 they're letting the strings show.
22 This is obviously a good bill and
23 it's obvious that cities such as Albany and
6594
1 Buffalo and Rochester and Yonkers and other
2 cities need this kind of assistance, but there
3 are a number of other cities that have been
4 making a public record of the issues and the
5 economic plight that they are undergoing, cities
6 such as Troy which is right around here, and we
7 think if this extra aid is good for some cities
8 it's got to be good for all. But we're not
9 going to take it out on the hard work that
10 Senator Spano has engaged in on this
11 legislation. We just want to point out that
12 this is a state. There are a number of cities
13 in this state that need assistance, Troy among
14 them, and we hope that at a later time we will
15 address this issue.
16 ACTING PRESIDENT KUHL: Senator
17 Spano.
18 SENATOR SPANO: Mr. President, I
19 thank the Senator for raising that point. We
20 know this is not an end-all to the problems of
21 the cities of this state. But this is the
22 municipal aid program, emergency financial aid
23 to the big five that has been in existence back
6595
1 to 1975. We do like to point out to issues like
2 Distressed Cities Aid and issues that we're
3 working on right now to help the financially
4 troubled cities of this state, particularly the
5 city of Troy, and we thank you for making sure
6 that that issue maintains the front agenda.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 49, nays 1,
15 Senator Kuhl recorded in the negative.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 Senator DiCarlo.
19 SENATOR DiCARLO: Mr. President,
20 can we now take up 1266.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the title to Calendar Number 1266.
23 THE SECRETARY: Calendar Number
6596
1 1266, by Senator Larkin, Senate Print 7513, an
2 act to amend the Town Law, in relation to
3 exemption for the Mechanicstown Fire District
4 from provisions relating to the percentage of
5 nonresident members.
6 SENATOR PATERSON: Explanation.
7 ACTING PRESIDENT KUHL: Senator
8 Larkin, an explanation of Calendar Number 1266
9 has been requested by Senator Paterson.
10 SENATOR LARKIN: Senator Paterson,
11 this is a special issue. The Mechanicstown Fire
12 District is mainly a commercial district, so
13 when you look at the Town Law which limits the
14 number of nonresidents to 45 percent, the fire
15 company can not attract the members because in
16 its entirety the population there is all
17 commercial establishments and very limited
18 number of private property, so, therefore, they
19 can't attract the number of fire personnel they
20 need in order to make it a viable fire district.
21 So what they are asking for is
22 that they be allowed the exemption from the 45
23 percent limit. Now, you have other fire
6597
1 districts that have been granted this. You have
2 Shelter Island Heights Fire District and Davis
3 Park Fire District. One of the problems here is
4 if they do exceed this there is a penalty, and
5 it would appear from talking to the fire
6 commissioner that if they do not receive the
7 blessing of the Legislature to do this, the next
8 course of action would be to disband it, and
9 then we're subjecting the commercial properties
10 in there to higher fire insurance rates because
11 of nonavailability of fire protection.
12 SENATOR PATERSON: Mr. President,
13 if Senator Larkin would yield for a question?
14 ACTING PRESIDENT WRIGHT: Senator
15 Larkin, will you continue to yield to Senator
16 Paterson?
17 SENATOR LARKIN: Yes, Mr.
18 President.
19 SENATOR PATERSON: Senator
20 Larkin, are you saying that this protection is
21 afforded to citizens that live on Shelter Island
22 or in the Davis Park Region and what you are
23 trying to do is extend it to -
6598
1 SENATOR LARKIN: Just this one
2 fire district.
3 SENATOR PATERSON: Just that one
4 district.
5 SENATOR LARKIN: That's it.
6 SENATOR PATERSON: Okay. That's
7 fine, Mr. President.
8 ACTING PRESIDENT WRIGHT: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT WRIGHT: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 50.
16 ACTING PRESIDENT WRIGHT: The
17 bill is passed.
18 Senator DiCarlo.
19 SENATOR DiCARLO: Mr. President,
20 may we please return to reports of standing
21 committees. I believe there is a report of the
22 Rules Committee at the desk.
23 ACTING PRESIDENT WRIGHT:
6599
1 Secretary will read.
2 THE SECRETARY: Senator Bruno,
3 from the Committee on Rules, offers up the
4 following bills directly for third reading:
5 Senate Print 7316A, by Senator
6 Libous, an act to amend the Mental Hygiene Law
7 and the Executive Law;
8 7609, by the Senate Committee on
9 Rules, an act to amend Chapter 170 of the Laws
10 of 1994;
11 Senate 12C, by Senator Wright and
12 others, an act to amend the State Administrative
13 Procedure Act;
14 Senate 186A, by Senator Tully, an
15 act to amend the General Business Law;
16 Senate 751, by Senator Holland,
17 an act to amend the Executive Law;
18 Senate Print 1384A, by Senator
19 Kuhl, an act to amend the Environmental
20 Conservation Law;
21 Senate Print 2305B, by Senator
22 Farley, an act to amend Tax Law, in relation to
23 the requirement to file a personal income tax
6600
1 return;
2 Senate Print 2505A, by Senator
3 Stafford, an act to amend the Labor Law, in
4 relation to the license to possess and use
5 explosives;
6 Senate Print 3210A, by Senator
7 Trunzo, an act to amend the Retirement and
8 Social Security Law;
9 3263A, by Senator Tully, an act
10 to amend the Alcoholic Beverage Control Law, in
11 relation to prohibiting the issuance of license
12 to sell liquor;
13 3312A, by Senator Stafford, an
14 act to amend the Tax Law;
15 3868A, by Senator Kuhl, an act to
16 require the New York State and Local Retirement
17 System to accept retirement applications;
18 4145C, by Senator Hoffmann, an
19 act authorizing the establishment of the Oneida
20 Public Library District;
21 All bills directly for third
22 reading.
23 ACTING PRESIDENT WRIGHT: Senator
6601
1 DiCarlo.
2 SENATOR DiCARLO: Mr. President,
3 I move to accept the report of the Rules
4 Committee.
5 ACTING PRESIDENT WRIGHT: All in
6 favor of accepting the report of the Rules
7 Committee, signify by saying aye.
8 (Response of "Aye.")
9 Opposed, nay.
10 (There was no response.)
11 The report is accepted.
12 Senator DiCarlo.
13 SENATOR DiCARLO: Mr. President,
14 can we now take up Calendar 1257, please.
15 ACTING PRESIDENT WRIGHT: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1257, by Senator Nozzolio, Senate Print 6334, an
19 act to amend the Navigation Law, in relation to
20 the regulation of construction and location of
21 boat houses, moorings and docks in the town of
22 Ledyard, County of Cayuga.
23 SENATOR PATERSON: Explanation.
6602
1 ACTING PRESIDENT WRIGHT: Senator
2 Nozzolio, an explanation has been requested by
3 Senator Paterson.
4 SENATOR NOZZOLIO: Thank you, Mr.
5 President.
6 Mr. President, this measure
7 amends the Navigation Law, allowing the town of
8 Ledyard in Cayuga County to regulate the manner
9 of construction and location of structures in
10 any of the waters within the boundary of the
11 town. This allows those towns -- this town, in
12 particular, the ability to oversee, through
13 zoning, buildings and structures that are placed
14 from the shoreline into Cayuga Lake. A similar
15 power is granted to the village that is totally
16 contained within this town as well as
17 accompanying or adjoining villages to the town.
18 Now the town wants to have the same status as
19 these villages.
20 SENATOR PATERSON: Last section.
21 ACTING PRESIDENT WRIGHT: There
22 is a home rule message at the desk.
23 The Secretary will read the last
6603
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT WRIGHT: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 50.
8 ACTING PRESIDENT WRIGHT: The
9 bill is passed.
10 Senator DiCarlo.
11 SENATOR DiCARLO: Mr. President,
12 is there any housekeeping at the desk?
13 ACTING PRESIDENT WRIGHT: I'm
14 sorry, Senator DiCarlo, there is no housekeeping
15 at the present time.
16 Senator DiCarlo.
17 SENATOR DiCARLO: Mr. President,
18 we will just stand at ease for a few minutes.
19 ACTING PRESIDENT WRIGHT: Thank
20 you, Senator.
21 Senator DiCarlo.
22 SENATOR DiCARLO: Mr. President,
23 there will be an immediate conference of the
6604
1 Majority in Room 332, and we'll stand at ease.
2 ACTING PRESIDENT WRIGHT: The
3 Senate will stand at ease, and there will be an
4 immediate meeting of the Senate Majority in Room
5 332.
6 (Whereupon, at 11:00 a.m., the
7 Senate stood at ease until 11:35 a.m.)
8 ACTING PRESIDENT WRIGHT: Senator
9 Skelos.
10 SENATOR SKELOS: If we can return
11 to reports of standing committees, I believe
12 there's a report of the Judiciary Committee at
13 the desk. I ask that it be read, and then you
14 recognize Senator Lack.
15 ACTING PRESIDENT WRIGHT: The
16 Secretary will read.
17 THE SECRETARY: Senator Lack,
18 from the Committee on Judiciary, hands up the
19 following nominations:
20 Erie County Family Court, Michael
21 Battle of Buffalo.
22 ACTING PRESIDENT WRIGHT: Senator
23 Lack.
6605
1 SENATOR LACK: Thank you, Mr.
2 President.
3 It's my pleasure to rise to move
4 the nomination of Michael Battle of Buffalo to
5 be a Judge of the Erie County Family Court.
6 Thank you, Senator Gold.
7 Senator Gold will be asking
8 questions about 1975 in Ithaca, as I remember.
9 Mr. Battle has been examined by
10 the staff of the Judiciary Committee, has been
11 found satisfactory in all regards. His name was
12 put forth to the whole committee today who
13 unanimously consented to move the nomination to
14 the floor.
15 And with that, I will yield for
16 seconding purposes to Senator Volker.
17 SENATOR VOLKER: Mr. President.
18 ACTING PRESIDENT WRIGHT: Senator
19 Volker.
20 SENATOR VOLKER: I'm proud to
21 second the nomination of Mike Battle, who is a
22 resident of the city of Buffalo, former
23 assistant -- well, right now is an Assistant
6606
1 Attorney General, in fact, in charge of the
2 office in Buffalo; former Assistant Public
3 Defender in Federal Court for the federal
4 office; former United States Attorney, Deputy
5 United States Attorney. A class guy who I
6 haven't any doubt will make an excellent Family
7 Court judge.
8 A graduate of Ithaca College and,
9 I guess, from what he told us, grew up in New
10 York City, who -- when I say he graduated from
11 Ithaca College, I just attended the commencement
12 there for my youngest son who also graduated
13 from Ithaca College -- and the University of
14 Buffalo Law School, where I graduated from some
15 years ago.
16 Mike is recognized in the Buffalo
17 community as one of the leading attorneys in the
18 Buffalo area, a fine gentlemen, family man. I
19 don't think there is any doubt that he will add
20 a great deal to the Family Court in Buffalo and
21 I wish him the very best.
22 ACTING PRESIDENT WRIGHT: Is
23 there any other member wishing to speak on the
6607
1 nomination?
2 SENATOR GOLD: Yes, Mr.
3 President.
4 ACTING PRESIDENT WRIGHT: Senator
5 Gold.
6 SENATOR GOLD: Mr. President,
7 just something that has been said in the
8 committee and I think it bears repeating on the
9 floor.
10 Many of us on this side have had
11 questions with gubernatorial nominations. Those
12 questions have not come into the Judiciary
13 Committee because the Governor's nominees for
14 the judiciary really have been outstanding, and
15 it would be almost irresponsible if we were even
16 to try to find some criticism. I think that Mr.
17 Battle is a perfect example of this, as are the
18 other nominees, and I'm not going to speak on
19 each one, so I will make the comments generally.
20 The judiciary today is a tough
21 place to be -- the press certainly sees to that
22 -- and, unfortunately, while they used to be
23 more friendly with one another, the district
6608
1 attorneys have not made it any easier on the
2 judges either today, and in this atmosphere, we
3 are very, very fortunate that people of quality
4 are willing to sit on the bench.
5 And it was very impressive, I
6 know, to many of us on the Democratic side that
7 the people who are being nominated and being
8 confirmed today are people who really want to do
9 this job. It is no secret that there have been
10 people going to the bench who look at it as
11 capping their career. It's a place to retire
12 to. That is exactly what we did not hear
13 today.
14 Starting with Mr. Battle and
15 working all the way through the nominees, we
16 heard from people who have dreamed of the
17 opportunity to be judges, and I think that that
18 is the kind of thing that we are responding to.
19 When people run for public office, one of the
20 things you look for is, "Can the candidate taste
21 it?" Do they really want it? That was
22 something that was very evident today from this
23 group of new judges. These are people who want
6609
1 to do the particular job they are being
2 appointed to, and I think that is the first real
3 step to a success on the bench.
4 So as someone who finds it very
5 easy to stand up and criticize the Governor, I
6 have to be as honest about it as I can be, and I
7 congratulate the Governor on the recommendation
8 of Mr. Battle and the other individuals who we
9 will be confirming today.
10 ACTING PRESIDENT WRIGHT: Thank
11 you, Senator Gold.
12 The question is on the
13 confirmation of Michael Battle as judge of the
14 Erie County Family Court.
15 All those in favor, signify by
16 saying aye.
17 (Response of "Aye.")
18 Opposed, nay.
19 (There was no response.)
20 Michael Battle is hereby
21 confirmed as judge of the Erie County Family
22 Court.
23 Judge Battle, if you will please
6610
1 rise.
2 (Applause.)
3 On behalf of Senator Bruno, the
4 Majority Leader of the Senate, and all of his
5 colleagues who serve in the Senate, we extend
6 our personal congratulations and best wishes to
7 you as you serve the people of New York State
8 and the people of Erie County.
9 We want to welcome you here
10 today, extend our congratulations on your
11 confirmation, extend our best wishes and
12 greetings to your family members and guests who
13 have also joined with you.
14 Thank you, Judge.
15 Secretary will read.
16 THE SECRETARY: Erie County
17 Family Court -- excuse me. Fulton County Court,
18 Richard C. Giardino, of Johnstown.
19 ACTING PRESIDENT WRIGHT: Senator
20 Lack.
21 SENATOR LACK: Thank you, Mr.
22 President.
23 It is my privilege, once again,
6611
1 to rise to move the nomination of Richard
2 Giardino of Johnstown as a judge of the Fulton
3 County Court.
4 As with all the nominees, he has
5 been examined by the staff of the Judiciary
6 Committee and was found eminently satisfactory
7 in all respects.
8 The committee met this morning
9 and unanimously has moved the nomination to the
10 floor, and it is my privilege at this time to
11 yield the floor to Senator Farley.
12 ACTING PRESIDENT WRIGHT: The
13 Chair recognizes Senator Farley.
14 SENATOR FARLEY: Thank you, Mr.
15 President.
16 It's with a great deal of
17 pleasure that I rise to move the nomination of
18 Richard Giardino, who I have known for many
19 years, and his family. Richard is a graduate of
20 Albany Law School and Siena College and has
21 served a distinguished career as District
22 Attorney for Fulton County. That's a very
23 difficult office from which to be popular, but
6612
1 the people of the county and the entire area
2 respect him as a person who not only is firm but
3 is fair. He has a judicial temperament which
4 will make an outstanding judge because, as I
5 said, he will be fair but more important, he
6 will be firm, and it is with a great deal of
7 pleasure that I put forth his name.
8 Richard is also accompanied in
9 the gallery by his mother and father, Mary Hope
10 Giardino, also Dr. Joseph Giardino, a respected
11 pediatrician and obstetrician renowned
12 throughout Fulton County. Also many of his
13 friends are up there with him. Richard will
14 make an outstanding County Judge. I realize he
15 has to run this fall. I don't even think he has
16 an opponent.
17 The point of it is I want to
18 congratulate the Governor for this outstanding
19 appointment.
20 I wish him well. I know he is
21 going to be a remarkable member of the bench as
22 he has throughout his career. As a young man
23 who went to law school with my daughter, he has
6613
1 had a remarkable, fantastic rise. He is not
2 only going to be a great judge, but he is a
3 great person.
4 Richard, we're very proud of you,
5 and I'm pleased to move his nomination.
6 ACTING PRESIDENT WRIGHT: Thank
7 you, Senator Farley.
8 Are there any other members who
9 wish to speak on the confirmation?
10 The question is on the
11 confirmation of Richard Giardino as judge of the
12 Fulton County Court.
13 All those in favor, signify by
14 saying aye.
15 (Response of "Aye.")
16 Opposed, nay.
17 (There was no response.)
18 Richard Giardino is hereby
19 confirmed as Judge of the Fulton County Court.
20 Judge Giardino, if you would
21 please rise.
22 (Applause.)
23 Joining the Judge this morning
6614
1 are his parents, Joseph and Mary Giardino, along
2 with a number of other guests and friends.
3 Judge, on behalf of Senate
4 Majority Leader Bruno and his colleagues in the
5 Senate, we extend our personal congratulations
6 and best wishes to you and your family and wish
7 you the very best of luck in serving the people
8 of New York State and Fulton County. Thank you
9 for joining us here today.
10 The Secretary will read.
11 THE SECRETARY: Nassau County
12 Family Court, John Pessala of Westbury.
13 ACTING PRESIDENT WRIGHT: Senator
14 Lack.
15 SENATOR LACK: Thank you, Mr.
16 President.
17 Once again, I rise to move the
18 nomination of Judge Pessala as a judge of the
19 Nassau County Family Court.
20 Again, the staff of the Judiciary
21 Committee has examined the nominee's background
22 and found him eminently qualified.
23 This morning, he appeared before
6615
1 the Judiciary Committee and was unanimously
2 endorsed to be moved to the floor, and I would
3 yield to Senator Hannon.
4 ACTING PRESIDENT WRIGHT: The
5 Chair recognizes Senator Hannon.
6 SENATOR HANNON: Thank you, Mr.
7 President.
8 It gives me a very distinct
9 pleasure to be able to move this nomination.
10 John Pessala is an individual I have known for
11 probably over two, three decades, not only as a
12 friend but professionally, as he has served the
13 legal community and the people of Nassau County
14 to an extraordinarily great extent -- in the
15 town of Hempstead, the office of town attorney;
16 the county attorney of the County of Nassau and
17 as advisor and counselor to the county executive
18 dealing with some of the thorniest problems that
19 existed in the municipal affairs of our
20 territory. Bringing that wisdom that he
21 demonstrated on a day-to-day basis and the
22 patience and the fortitude to the bench is
23 something that's going to benefit and continue
6616
1 to benefit all the people of the county.
2 I'm just delighted to be able to
3 speak in his behalf and to welcome him to the
4 chamber, along with his wife Beth and their
5 children Anne and Alexander. I can't think of a
6 finer individual to commend to the members of
7 this chamber than John Pessala.
8 ACTING PRESIDENT WRIGHT: The
9 Chair recognizes Senator Tully.
10 SENATOR TULLY: Thank you, Mr.
11 President.
12 I'm pleased to put forward the
13 name of John Pessala for the position of Family
14 Court Judge in the County of Nassau. I have
15 known him for many, many years, and during that
16 time I have come to know that he loves the law;
17 that he embodies, in my opinion, the judicial
18 temperament someone should have who serves on
19 the bench. He embodies that right now in his
20 position as a Judge of the District Court in
21 Nassau County, and he's someone who has the
22 ability to share things with people, as he did
23 today at the meeting of the Judiciary Committee
6617
1 when he revealed a personal background that I
2 was unaware of, and I indicated at that
3 particular meeting, I think in all the years
4 that I have known Judge Pessala, he spoke more
5 at that meeting than in the totality of all the
6 years I had communications with him.
7 He is a very reserved individual
8 but he listens, and listening is very
9 important.
10 I am certain, Mr. President, that
11 he will make all of us proud, and I'm pleased to
12 move his nomination.
13 ACTING PRESIDENT WRIGHT: The
14 Chair recognizes Senator Marcellino.
15 SENATOR MARCELLINO: Yes, Mr.
16 President. I rise with pride to follow my two
17 colleagues in recommending John Pessala -- Judge
18 Pessala to the Nassau County Family Court.
19 I have known John for many
20 years. We've worked together on many issues in
21 Nassau County. He has served the people of
22 Nassau County with great distinction. John is a
23 problem solver, and as Senator Tully just said,
6618
1 and correctly so, he listens. That is a key.
2 It's key to a judge and key to a person who
3 really wants to get something done and wants to
4 do it in the right way and take into
5 consideration all sides and all points of view.
6 John personally will vertically
7 raise the height of the Family Court to new
8 levels. I am proud to nominate him, and I
9 congratulate John, Beth, Anne, and Alexander,
10 who are in the chamber today, and John will
11 serve the people of Nassau County and serve the
12 people of the State of New York with
13 distinction.
14 ACTING PRESIDENT WRIGHT: Chair
15 recognizes Senator Levy.
16 SENATOR LEVY: Thank you very
17 much, Mr. President. I'm delighted to have the
18 opportunity to rise with my colleagues from
19 Nassau County to recommend to the members of
20 this body and endorse the qualifications of John
21 Pessala.
22 Like the other Nassau Senators,
23 he's been a long-time friend. I worked with him
6619
1 closely in his capacity as counsel to the county
2 executive, and I can attest to the fact that he
3 has extraordinary ability, great balance, a
4 perfect temperament on the bench, and the
5 hallmark and the tradition of John Pessala has
6 been bringing people together and bringing about
7 achievements and accomplishments.
8 John, when you were nominated and
9 elected to the District Court in Nassau County,
10 I remember telling you privately that that was
11 merely an interim stop in what will be a
12 brilliant judicial career, and this is just
13 another interim stop. We will be looking
14 forward to having you sit up there in the future
15 as you move forward and progress in the
16 judiciary, and as Senator Marcellino said, the
17 stature of John Pessala exceeds even his
18 height.
19 So I congratulate the Governor on
20 an excellent, extraordinary nomination, and it's
21 a privilege to join with the other Senators from
22 Nassau County in moving the confirmation of
23 Judge Pessala.
6620
1 ACTING PRESIDENT WRIGHT: The
2 Chair recognizes Senator Skelos.
3 SENATOR SKELOS: Mr. President, I
4 am delighted to join with my colleagues in
5 Nassau in seconding the nomination of John
6 Pessala.
7 I had the pleasure of working
8 under John when he was in the town attorney's
9 office in the town of Hempstead, and certainly
10 during that opportunity, I learned a lot from
11 him. I learned that he had a judicial
12 temperament at that time, but even more
13 important, he had the patience to deal with
14 people such as myself.
15 So, I think that's going to bode
16 well as he serves as a judge of the Family
17 Court. As we know, that's a very, very
18 sensitive court that needs people on the court
19 that listen and that have compassion, and
20 certainly John fits the bill and I know that he
21 is going to be an excellent, excellent judge of
22 the Family Court in Nassau County, and I salute
23 Governor Pataki on his nomination.
6621
1 ACTING PRESIDENT WRIGHT: Are
2 there any further members wishing to speak on
3 the confirmation?
4 (There was no response.)
5 The question is on the
6 confirmation of John Pessala as Judge of the
7 Nassau County Family Court.
8 All those in favor, signify by
9 saying aye.
10 (Response of "Aye.")
11 Opposed, nay.
12 (There was no response.)
13 John Pessala is hereby confirmed
14 as a judge of Nassau County Family Court.
15 Judge Pessala.
16 (Applause.)
17 Judge, we now recognize the
18 stature that my colleagues referred to. We
19 extend our congratulations and best wishes to
20 you and also to your wife, Elizabeth, and your
21 children, Anne and Alexander, who have joined
22 with you today.
23 On behalf of Senator Bruno and
6622
1 all the members of the Senate, we extend our
2 best wishes to you and good luck in serving the
3 people of New York State and Nassau County.
4 Thank you.
5 The Secretary will read.
6 THE SECRETARY: Westchester
7 County Family Court, Linda Jamieson of Bedford.
8 ACTING PRESIDENT WRIGHT: The
9 Chair recognizes Senator Lack.
10 SENATOR LACK: Thank you, Mr.
11 President.
12 Once again, I rise to move the
13 nomination of Linda Jamieson as judge of the
14 Westchester County Family Court.
15 Ms. Jamieson's qualifications
16 have been gone over by the staff of the
17 Judiciary Committee, who found her superbly
18 qualified for the post.
19 This morning she appeared, as did
20 the others, of course, before the Judiciary
21 Committee, who unanimously endorsed her
22 nomination and have moved it to the floor of the
23 Senate, and it is my pleasure to yield to my
6623
1 colleague sitting next to me, the Westchester
2 County leader and Senator, Nicholas Spano.
3 ACTING PRESIDENT WRIGHT: The
4 Chair recognizes Senator Spano.
5 SENATOR SPANO: Thank you, Mr.
6 President.
7 It is my pleasure to second the
8 nomination of Linda Jamieson today.
9 Linda Jamieson was admitted to
10 practice back in 1980. During the time that she
11 has been practicing law, she has been involved
12 primarily in Family Law and has been involved in
13 many different local activities, including being
14 arbitrator in Westchester County Supreme Court,
15 and has been involved in a number of advisory
16 boards of groups representing children in
17 Westchester County.
18 As has been said by my colleagues
19 previously about the other nominees today, the
20 Governor should be congratulated on his
21 selection of Linda Jamieson. She's a person who
22 will bring some enormous benefit to the Family
23 Court and to the people of Westchester County,
6624
1 and I want to just thank the Governor.
2 I'm glad that Linda's husband,
3 Laurence Keiser, is here, and her children
4 Heather and Jamie and Ross are also with her,
5 and also her mom is with her today. This has to
6 be a proud day for her, as well as her sister
7 who is also joining her.
8 So, it is my pleasure to second
9 the nomination of Linda Jamieson.
10 ACTING PRESIDENT WRIGHT: The
11 Chair recognizes Senator Leibell.
12 SENATOR LEIBELL: Thank you, Mr.
13 President.
14 I'd like to join in the comments
15 of Senator Lack and Senator Spano and commend
16 the Governor for once again sending us the name
17 of someone who will be filling a most important
18 position in a county which I represent. Linda
19 Jamieson's resume is such that we can all feel
20 great confidence that she will bring to bear on
21 this most important position her talents, her
22 energy and her integrity.
23 I join with my colleagues in
6625
1 supporting this nomination.
2 ACTING PRESIDENT WRIGHT: Are
3 there any other members who wish to speak on the
4 confirmation?
5 (There was no response.)
6 The question is on the
7 confirmation of Linda Jamieson as judge of the
8 Westchester County Family Court. All those in
9 favor -- all in favor, signify by saying aye.
10 (Response of "Aye.")
11 Opposed, nay.
12 (There was no response.)
13 Linda Jamieson is hereby
14 confirmed as judge of the Westchester County
15 Family Court.
16 Judge Jamieson.
17 (Applause.)
18 The Judge is joined by her
19 husband Laurence, children Heather, Jamie and
20 Roseanne. We welcome all of you family members
21 and guests to the Capitol today. On behalf of
22 Senator Bruno and all the members of the Senate,
23 Judge Jamieson, we extend our congratulations
6626
1 and best wishes to you as you serve the people
2 of New York State and Westchester County.
3 Thank you very much.
4 The Secretary will read.
5 THE SECRETARY: Sullivan County
6 Court, Burton Ledina of Monticello.
7 ACTING PRESIDENT WRIGHT: Senator
8 Lack.
9 SENATOR LACK: Thank you, Mr.
10 President.
11 It's my pleasure to rise to move
12 the nomination of Burton Ledina as a judge of
13 the Sullivan County Court. Mr. Ledina's
14 qualifications have been examined by the staff
15 of the Judiciary Committee and found to be
16 eminently satisfactory.
17 He appeared before the committee
18 this morning and was unanimously confirmed and
19 the nomination was moved to the floor, and it's
20 my pleasure to yield to Senator Cook.
21 ACTING PRESIDENT WRIGHT: Chair
22 recognizes Senator Cook.
23 SENATOR COOK: Mr. President,
6627
1 it's a great honor and distinct personal
2 privilege to be able to second Burt Ledina's
3 nomination for Sullivan County Court. I have
4 known Burt perhaps ten years, but he has the
5 kind of personality that you feel that you have
6 known him for a lifetime, and it's in that
7 context that I take such great personal pleasure
8 in this nomination.
9 Sometimes I think these resumes
10 are in reverse of importance, because even
11 though we admire Burt's background as an
12 attorney and his service on local courts, the
13 thing that impresses me most is the way that he
14 served his community.
15 He brings values that are re
16 flected in his activities as part of the Jewish
17 community center at Temple Shalom at Landfeld
18 Avenue Synagogue. He has had a record of
19 community service to a variety of organizations,
20 Shriners, the Lions, Elks, the JCs, Monticello
21 Youth Group. In other words, he's been someone
22 who shared his talents in a variety of ways for
23 the good of the community, and I think that's
6628
1 really important when we consider the
2 qualifications of someone who is going to be
3 sitting on the bench.
4 But as I indicated, Burt's
5 qualifications as a judge are certainly eminent
6 as well. He served as a town justice for the
7 town of Thompson, village justice for the
8 village of Monticello, but he's also been on the
9 Sullivan County Alternatives to Incarceration
10 Advisory Board which is important. He's been
11 also a member of the House of Delegates of the
12 State Bar Association, and every officer I guess
13 of the Sullivan County Bar Association is an
14 arbiter, I guess, on the American Arbitration
15 Association panel.
16 He is someone who brings a wealth
17 of knowledge and background in exactly the kinds
18 of things that a County Judge will be dealing
19 with, and I think that everyone in Sullivan
20 County, Burt, takes particular pride today in
21 the fact that you are being nominated and
22 confirmed for this position.
23 I know that your wife, Harriet,
6629
1 is here with you. I know your children, Michele
2 Andrea and David John, are also filled with
3 pride on this occasion, as certainly am I, and I
4 am, very, very honored, Mr. President, to second
5 Burt Ledina's nomination as Sullivan County
6 Judge.
7 ACTING PRESIDENT WRIGHT: Are
8 there any other members wishing to speak on the
9 confirmation?
10 (There was no response.)
11 The question is on the
12 confirmation of Burton Ledina as judge of the
13 Sullivan County Court.
14 All those in favor, signify by
15 saying aye.
16 (Response of "Aye.")
17 Opposed, nay.
18 (There was no response.)
19 Burton Ledina is hereby confirmed
20 as judge of the Sullivan County Court.
21 Judge Ledina.
22 (Applause.)
23 The judge is joined by his wife,
6630
1 Harriet, and children, Andrea and David. We
2 welcome you and your family and friends to the
3 Capitol and, on behalf of Senator Bruno and the
4 members of the state Senate, we extend our best
5 wishes and congratulations to you on your
6 confirmation and we wish you the best in serving
7 the people of the New York State.
8 Thank you very much.
9 The Secretary will read.
10 THE SECRETARY: Supreme Court
11 8th Judicial District, Glenn Morton of Batavia.
12 ACTING PRESIDENT WRIGHT: Chair
13 recognizes Senator Lack.
14 SENATOR LACK: Thank you, Mr.
15 President. Once again, I rise to move the
16 nomination of Glenn Morton of Batavia as a
17 Justice of the Supreme Court in the 8th Judicial
18 District.
19 It is a pleasure, Mr. President,
20 to move this last nominee who is the senior
21 serving County Court judge in the State of New
22 York; and for his elevation to Justice of the
23 Supreme Court, the staff of the Judiciary
6631
1 Committee has found him eminently qualified.
2 He was unanimously confirmed in
3 the Judiciary Committee meeting this morning and
4 moved to the floor, and it's my privilege to
5 yield to Senator Rath.
6 ACTING PRESIDENT WRIGHT: Chair
7 recognizes Senator Rath.
8 SENATOR RATH: Thank you, Senator
9 Lack.
10 Mr. President, my colleagues. I
11 rise with a great deal of pleasure to second the
12 nomination of Judge Glenn Morton to the New York
13 State Supreme Court, 8th Judicial District.
14 Judge Morton has been on the Genesee County
15 Court, has been a Genesee County Court judge
16 since March 1, 1967, when he was appointed by
17 then Governor Nelson Rockefeller.
18 Judge Morton's resume looks like
19 many of those that we've spoken about here this
20 morning. The organizations, the civic
21 activities that Judge Morton participated in
22 before he went on the bench those years ago,
23 look like many of our resumes. The judge even
6632
1 served a stint as a supervisor of the town of
2 Batavia and served in the County Legislature.
3 I didn't say it at the Judiciary
4 hearing this morning, but I am sure, Judge
5 Morton, in those days you would have been
6 considered one of "rising star young turks" in
7 Genesee County and moved to your position as the
8 County Court Judge because of your knowledge of
9 the county that you served, as a participant in
10 community and civic activities, as well the
11 municipal activities.
12 Judge Morton's resume, as you
13 look further into it through his judicial
14 experience, the words that jumped out to me were
15 the words "training, training consultant,
16 technical advisor, guest lecturer." It read as
17 a who's who as a judge who is consulted because
18 of his background, because of his knowledge,
19 because of his experience.
20 In the Judiciary hearing this
21 morning, several of my colleagues indicated that
22 they had been watching Judge Morton's career and
23 had recognized him as a leader and a forward
6633
1 thinker, and I came to know Judge Morton in
2 Genesee County best in my early days in the
3 county legislature as I worked very hard to pull
4 together from the experience Genesee County had
5 in Alternatives to Incarceration Programs.
6 So it is with a great deal of
7 pleasure that I second his nomination.
8 I want to congratulate also Judge
9 Battle, Judge Giardino, Judge Jamieson, Judge
10 Ledina, and Judge Pessala. I think it's always
11 very nice to hear it from a second or a third or
12 a fourth voice as someone says "Judge" and it
13 really is official now. Congratulations to all
14 of you.
15 In a moment, Judge Morton, as you
16 move to Supreme Court, I want to be the first to
17 congratulate you and your wife, Joyce, and how
18 happy we are to have that honor come to Genesee
19 County, one of my counties.
20 ACTING PRESIDENT WRIGHT: Chair
21 recognizes Senator Maziarz.
22 SENATOR MAZIARZ: Thank you very
23 much, Mr. President.
6634
1 In the last six or eight months,
2 I have had the distinct pleasure of meeting
3 Judge Morton out on the circuit in my district.
4 You know, as all of us who live in judicial
5 districts where you may have one rather large
6 county and then several smaller rural areas
7 know, that all too often the leaders that be
8 generally choose Supreme Court Justices from the
9 one large county; and such is the case in the
10 8th Judicial District, and I'm very pleased
11 Governor Pataki, in his wisdom, went out and
12 sought a judge who represents one of the rural
13 counties outside of the major county in the 8th
14 Judicial District.
15 I don't think he could have
16 picked a finer person than Judge Morton. I
17 don't take my votes on confirming judicial
18 nominees lightly. And in my former role as a
19 County Clerk in Niagara County, I dealt with
20 many attorneys, and I usually go back to some of
21 the attorneys that I had a great deal of respect
22 for and run the qualifications of the nominees
23 by them, and I can tell you that attorneys from
6635
1 all political parties had nothing but the
2 highest regard for Glenn Morton and his duties
3 as County Court Judge, and all of them
4 unhesitatingly recommended that I vote to
5 confirm Glenn Morton.
6 So, Judge, I join in my
7 congratulations and I know you will have a great
8 career in the Supreme Court.
9 ACTING PRESIDENT WRIGHT: Are
10 there any other members wishing to speak on the
11 confirmation?
12 Senator Dollinger.
13 SENATOR DOLLINGER: Thank you,
14 Mr. President.
15 I said at the Judiciary Committee
16 that Judge Morton's reputation had worked its
17 way through that seeming impenetrable line
18 between the 8th Judicial District and the 7th
19 Judicial District into my home county of Monroe
20 County. It's a fine reputation. He's an
21 eminently qualified jurist, and I'm going to
22 certainly vote in favor of his nomination.
23 As someone who has stood here
6636
1 before sometimes as the ranking mischief maker
2 on this side of the aisle, I want to
3 congratulate the Governor on these appointments.
4 These are six high quality individuals to sit on
5 the bench of this state.
6 I congratulate the Senate
7 Judiciary Committee chair for bringing these
8 nominations forward and doing, I thought, again,
9 a good opportunity for committee members to meet
10 with them and discuss these issues.
11 I have only one caution for all
12 of us. I think today as we send these new
13 jurists onto the bench or to different benches,
14 we should recognize them for exactly what they
15 are, highly qualified people who will do
16 probably the most difficult job we can give
17 them. I asked new Judge Jamieson, I believe, a
18 question about the Family Court. She said, "It
19 all depends on the individual. It all depends
20 on the circumstance," and it seems to me that we
21 who may too often have the temptation to snipe
22 at judges who can't respond in kind and tell
23 them that they have done something wrong or
6637
1 criticize them, that what we should recognize is
2 that they are doing the enormously difficult
3 task of taking the direction that we give them
4 by law and that the people give them by
5 Constitution to interpret those documents in
6 individual cases to achieve justice and,
7 although they may make mistakes or in our
8 judgment may mistakes, before we criticize them
9 we should remember these are good people trying
10 to do the right thing for the people of this
11 state.
12 To all of them, I congratulate
13 them. I send them my best.
14 To Judge Morton, who comes with
15 the blessing of the Monroe County Bar, I
16 congratulate him and wish him well in his new
17 position.
18 Thank you, Mr. President.
19 ACTING PRESIDENT WRIGHT: The
20 question is on the confirmation of the Honorable
21 Glenn Morton as Justice of the Supreme Court,
22 8th Judicial District.
23 All in favor, signify by saying
6638
1 aye.
2 (Response of "Aye.")
3 Opposed, nay.
4 (There was no response.)
5 The Honorable Glenn Morton is
6 hereby confirmed as Justice of the Supreme Court
7 8th Judicial District.
8 Judge Morton.
9 (Applause.)
10 The Judge is joined today by his
11 wife, Joyce. We welcome you to the Capitol. On
12 behalf of Senator Bruno and all of my colleagues
13 in the Senate, we extend our best wishes and
14 congratulations to you, Judge, and every best
15 wish as you serve the people of New York State.
16 Thank you again.
17 Chair would also like to take a
18 moment to return to Judge Battle. I failed to
19 recognize, and I wish to correct the error of
20 recognizing Judge Battle's mother who has joined
21 with us and his family members, Willie and
22 Cheryl Horne.
23 Thank you for coming to the
6639
1 Capitol and joining with the Judge in his
2 recognition.
3 (Applause.)
4 Again, to all of the judges today
5 that we have confirmed, our best wishes. You've
6 heard our colleagues speak to the abilities that
7 you bring to the bench and we look forward to
8 your service that you bring to the people of the
9 state of New York.
10 Thank you very much for joining
11 us today.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 if we can return to motions and resolutions, I
15 believe there is a resolution at the desk by
16 Senator Libous. I ask that the title be read
17 and the resolution be adopted.
18 ACTING PRESIDENT WRIGHT: The
19 Secretary will read.
20 THE SECRETARY: By Senator
21 Libous, Legislative Resolution, commemorating
22 Wednesday, June 5, 1996 as Legislative
23 Disability Awareness Day in the State of New
6640
1 York.
2 ACTING PRESIDENT WRIGHT: Chair
3 recognizes Senator Libous.
4 SENATOR LIBOUS: Thank you, Mr.
5 President. Thank you, Senator Skelos and my
6 colleagues.
7 Today is Disability Awareness Day
8 in the Capitol, and it's a day that we have
9 celebrated once a year usually the first week in
10 June. The reason for this day is very simple,
11 to recognize our commitment as a legislative
12 body to those individuals in New York State with
13 disabilities.
14 Those of us who come to work
15 every day, take for granted some of the comforts
16 we have. We often do not recognize that there
17 are other individuals who have disabilities and
18 may not have life quite as easy as we do.
19 Legislative Disability Awareness Day is our
20 opportunity to recognize those people with
21 disabilities in New York State and to try to do
22 something to integrate their lives, make sure as
23 mentioned this morning by Senator Paterson that
6641
1 people with disabilities have the same
2 opportunities everyone else does, whether they
3 be in the workplace, whether it be for health
4 care, whether it be in the community, and that's
5 really what our goal is here today.
6 Part of our ceremony today
7 involves a display over in the Legislative
8 Office Building, and I would invite all of you
9 to visit the LOB on the third floor. We have
10 displays from a number of psychiatric centers,
11 developmental centers. We have displays from
12 the independent living centers and a number of
13 different organizations in groups that deal and
14 help people with disabilities on a regular
15 basis.
16 We also have the pleasure and
17 opportunity today to have a special guest with
18 us who I will be introducing and honoring in
19 just a moment after we pass this particular
20 resolution.
21 ACTING PRESIDENT WRIGHT: Thank
22 you, Senator Libous.
23 The Chair will note that the
6642
1 resolution was previously adopted unanimously by
2 the Senate on May 21st, 1996.
3 The Chair returns to Senator
4 Libous.
5 SENATOR LIBOUS: Mr. President, I
6 want to offer up Senate Resolution 3424 and ask
7 that its title be read.
8 ACTING PRESIDENT WRIGHT: Clerk
9 will read.
10 THE SECRETARY: By Senator
11 Libous, Legislative Resolution honoring Jonathan
12 Swick of Potential Unlimited upon the occasion
13 of his appearance as guest of honor at
14 ceremonies marking New York State Legislative
15 Disability Awareness Day, Wednesday, June 5,
16 1996.
17 SENATOR LIBOUS: Could I please
18 have the resolution read in its entirety.
19 ACTING PRESIDENT WRIGHT: The
20 Secretary will read the entire resolution,
21 please.
22 THE SECRETARY: Whereas,
23 community awareness and acceptance of persons
6643
1 who are disabled serves to lift barriers and
2 expand choices for persons of all abilities.
3 It is the intent of this
4 Legislative Body to recognize individuals with
5 disabilities who have put aside their conditions
6 which might otherwise hinder a purposeful life
7 of achievement and fulfillment, demonstrating
8 that the barriers to success for the disabled
9 come more commonly from prevailing attitudes and
10 opportunities than the physical limitations of a
11 disability.
12 Jonathan Swick, pianist, made his
13 concert debut in 1986 at a conference for
14 parents of children with Down's syndrome; the
15 overwhelming success of that performance became
16 the genesis for Potential Unlimited.
17 Jonathan Swick began studying
18 classical piano at age 10 and has performed at
19 the Michael Landon celebrity gala and Chautauqua
20 Institution; he was a 1989 Itzak Perlman Piano
21 Award Finalist, one of nine throughout the
22 country.
23 Jonathan Swick graduated from
6644
1 Bethlehem Central School, lives with his parents
2 in Delmar, is employed by the New York State
3 Department of Licensing; he serves on the Board
4 of Potential Unlimited.
5 The Bardavon concert is a yearly
6 show case for creativity and growth of seasoned
7 performers and an exciting debut for new ones.
8 In addition, each year more than 1200 students
9 attend Potential Unlimited school concerts at
10 the Bardavon.
11 Potential Unlimited Productions,
12 Incorporated in 1995, is a nonprofit organiza
13 tion dedicated to celebrating the artistic tri
14 umphs of people with developmental disabilities
15 by cultivating performance opportunities at the
16 highest professional level; Potential Unlimited
17 brings to audiences music, dance, and words that
18 touch the heart and renew the spirit beyond the
19 concert stage.
20 Potential Unlimited performers
21 engage students and community members in
22 educational outreach programs, teaching that
23 with courage and hope anything is possible.
6645
1 Potential Unlimited is a unique
2 collaboration between dedicated music
3 therapists, members of the Hudson Valley
4 Philharmonic, independent professional musicians
5 and photographers, and featured performers with
6 disabilities.
7 Jonathan Swick so clearly
8 personifies the goals and aspirations of
9 potential Unlimited; Jonathan's perseverance and
10 commitment enhance a personal talent of
11 consummate excellence.
12 Whereas, upon the occasion of
13 Legislative Disability Awareness Day, Wednesday,
14 June 5, 1996, this Legislative Body is greatly
15 moved to commend a musical artist of renown and
16 of such talent; now, therefore, be it
17 Resolved, that this Legislative
18 Body pause in its deliberations to honor and
19 commend Jonathan Swick of Potential Unlimited,
20 recognizing his courageous endeavors,
21 outstanding achievements, and unparalleled
22 contributions on behalf of the disabled and
23 their cause for increased awareness and
6646
1 opportunity upon the occasion of his appearance
2 as guest of honor at the New York State
3 Legislature on Disability Awareness Day,
4 Wednesday, June 5, 1996; and be it further
5 Resolved, that a copy of this
6 resolution, suitably engrossed, be transmitted
7 to Jonathan Swick.
8 ACTING PRESIDENT WRIGHT: Chair
9 recognizes Senator Libous.
10 SENATOR LIBOUS: Thank you, Mr.
11 President.
12 As you heard from the reading of
13 this resolution, we have a remarkable young man
14 who is with us today. Jonathan played earlier
15 in the Legislative Office Building in the well,
16 and I can tell you there were 200 people there,
17 and they were completely spellbound in listening
18 to his performance.
19 Earlier this morning we were
20 talking, and Jonathan said that he first learned
21 the piano at 10 and, basically, he said his
22 sister was playing the piano and he began to
23 play the piano with her and actually he
6647
1 continued to play; and I don't believe your
2 sister is still playing at this time.
3 Is that correct?
4 (The response was "That's
5 correct.")
6 That's correct. So Jonathan
7 represents something today, my colleagues, that
8 I think is the whole essence of why we do
9 Disability Awareness Day, why we will soon pass
10 several pieces of legislation to promote and to
11 help people with disabilities. Jonathan needed
12 an opportunity and a chance. Once he had that
13 opportunity and a chance, he has proved
14 throughout his entire life that he is no
15 different than any one of us in this room. As a
16 matter of fact, he is more special than most of
17 us if not all of us in this room, because if you
18 had the opportunity to listen to Jonathan play
19 the piano, he has remarkable talent. He is one
20 who shows that an individual who wants to sit
21 down and work and practice can excel.
22 Jonathan, we have had a number of
23 different guests over the years when we
6648
1 celebrate this day, but, indeed, it is an honor
2 for me to say that I had the opportunity to not
3 only meet you, to honor you today, but to listen
4 to your professional works and it was a pleasure
5 for me.
6 ACTING PRESIDENT DiCARLO:
7 Senator Hoblock.
8 SENATOR HOBLOCK: Thank you, Mr.
9 President.
10 It certainly gives me great
11 pleasure to rise and join with Senator Libous
12 and my colleagues in this chamber in sponsoring
13 this resolution and specifically to recognize
14 and honor Jonathan Swick.
15 Jonathan is a resident
16 constituent of mine in the 42nd Senatorial
17 District, and we're extremely pleased to have
18 him here today as our guest.
19 As has been said, he's a very
20 talented individual, having played the piano
21 since the age of 10 and has performed in a
22 number of particular functions, concerts, galas
23 and conventions and, as he did this morning, he
6649
1 has dazzled his audience at each and every one
2 of these functions.
3 Jonathan, this morning and
4 throughout his career, has been an inspiration
5 to all of us, and we're delighted that he joined
6 us here and participated in these activities.
7 Jonathan represents the recognition and
8 appreciation that we have of the disability
9 community; that we recognize the abilities of
10 the individual rather than their disabilities
11 and that we concentrate on the positive and have
12 people like Jonathan show us what they can
13 accomplish to enhance their lives.
14 Jonathan is a very motivated
15 individual, and as a result of his hard work and
16 efforts and particularly his determination, he
17 has brought about a fulfillment in his own life.
18 So we're extremely proud,
19 Jonathan.
20 We wish him well. We wish him
21 success in the continuation of his artistic
22 abilities, and we're going to be looking forward
23 to listening to his works for many years to
6650
1 come.
2 Again, congratulations, Jonathan.
3 ACTING PRESIDENT DiCARLO:
4 Senator Saland.
5 SENATOR SALAND: Thank you, Mr.
6 President.
7 I rise not only to commend
8 Senator Libous for his advocacy for those with
9 disabilities but particularly to commend
10 Jonathan for this special award that he has
11 received, this recognition that he has received
12 today.
13 But I would be remiss if I didn't
14 acknowledge the presence and importance of
15 Potential Unlimited, a group that is very
16 closely associated with my district, and I spoke
17 a bit earlier with Helen Meserve, who I see
18 sitting in the gallery.
19 Suffice it to say that Potential
20 Unlimited has presented opportunities not just
21 for Jonathan but for a host of others. They are
22 doing a marvelous job, deserve our kudos, our
23 attention and our support wherever and whenever
6651
1 so that young folks and older folks have the
2 opportunity to take advantage of the God-given
3 talent that they have been presented and, if not
4 for their efforts and their commitment, we might
5 never have these jewels to share with our
6 respective communities.
7 Thank you, Mr. President.
8 ACTING PRESIDENT DiCARLO:
9 Senator Gold.
10 SENATOR GOLD: Yes. Thank you,
11 Mr. President.
12 Mr. President, first of all, my
13 congratulations to Senator Libous and the
14 Majority and for everybody who participates in
15 this day.
16 But it's interesting.
17 "Disabilities Awareness Day," I guess that
18 means the focus should be on, in my case, the
19 fact that I can't speak foreign languages and I
20 was a lousy student in that regard.
21 The focus, I think, really should
22 be on what we can do, and I think that when we
23 get away from calling it Disabilities Awareness
6652
1 Day, that's exactly what Senator Libous was
2 doing. We try to focus and make everybody in
3 society understand that every one of us can't do
4 things, and what we ought to be doing is looking
5 at our neighbors and friends and saying, "This
6 is someone who contributes in a certain way."
7 There was -- there is a famous
8 story about Governor Al Smith leaving the
9 building with some very, very important people,
10 quotes/unquotes, and he asked them to wait a
11 minute, and he went over to talk to the elevator
12 operator, and he spent about five minutes, ten
13 minutes with him and these very important people
14 were getting a little out of joint, and when
15 Governor Smith came back, he said, "I'm sorry."
16 He said, "But that man votes in my district."
17 The answer is everybody is
18 important, and what is important about people is
19 what they are, not what they aren't; so while we
20 can argue about the name of this day, I think it
21 is a wonderful thing that Senator Libous and
22 others brought on the resolution and that we
23 show some respect today for our fellow human
6653
1 beings for what they are, understanding that we
2 all have some disabilities.
3 ACTING PRESIDENT DiCARLO: The
4 question is on the resolution.
5 All in favor, signify by saying
6 aye.
7 (Response of "Aye.")
8 Opposed.
9 (There was no response.)
10 The resolution is adopted, and on
11 behalf of the New York State Senate, we would
12 like to congratulate Jonathan Swick and also his
13 father, Joseph, who is here with us in the
14 chamber.
15 Congratulations, and we're all
16 proud of you.
17 (Whereupon, there was a standing
18 ovation.")
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 if we can return to the controversial calendar
22 regular order, starting with Calendar Number
23 191, by Senator Libous.
6654
1 ACTING PRESIDENT DiCARLO:
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 191, by Member of the Assembly Bragman, Assembly
5 Print 8454C, an act to amend the Vehicle and
6 Traffic Law, in relation to parking permits for
7 handicapped persons.
8 ACTING PRESIDENT DiCARLO: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT DiCARLO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 57.
16 ACTING PRESIDENT DiCARLO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 336, by Senator Libous, Senate Print 4443A, an
20 act to amend the Mental Hygiene Law and the
21 Vehicle and Traffic Law, in relation to parking
22 spaces for handicapped persons.
23 ACTING PRESIDENT DiCARLO: Read
6655
1 the last section, please.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first day of
4 September.
5 ACTING PRESIDENT DiCARLO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 57.
9 ACTING PRESIDENT DiCARLO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 348, by Senator Libous, Senate Print 4442, an
13 act to amend the Public Health Law, in relation
14 to requiring consent for visual observation.
15 ACTING PRESIDENT DiCARLO: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT DiCARLO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT DiCARLO: The
6656
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 364, by Senator Libous, Senate Print 4440B, an
4 act to amend the Labor Law and the Education Law
5 and the General Business Law, in relation to
6 employment training.
7 ACTING PRESIDENT DiCARLO: Read
8 the last section, please.
9 THE SECRETARY: Section 28. This
10 act shall take effect on April 1, 1997.
11 ACTING PRESIDENT DiCARLO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 55, nays 2,
15 Senators DeFrancisco and DiCarlo recorded in the
16 negative.
17 ACTING PRESIDENT DiCARLO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 714, by Member of the Assembly Towns, Assembly
21 Bill 9824, an act to amend Chapter 744 of the
22 Laws of 1992, amending the Mental Hygiene Law.
23 ACTING PRESIDENT DiCARLO: Read
6657
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT DiCARLO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 57.
8 ACTING PRESIDENT DiCARLO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 757, by the Assembly Committee on Rules, Assem
12 bly Print 7827A, an act to amend the General
13 Business Law, in relation to the wheelchair
14 lemon law bill of rights.
15 ACTING PRESIDENT DiCARLO: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT DiCARLO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT DiCARLO: The
6658
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 833, by Senator Maziarz, Senate Print 6440A, an
4 act to amend the Vehicle and Traffic Law, in
5 relation to parking permits for state and local
6 government entities.
7 ACTING PRESIDENT DiCARLO: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT DiCARLO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 57.
15 ACTING PRESIDENT DiCARLO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1124, by Senator Levy, Senate Print 325, an act
19 to amend the Vehicle and Traffic Law, in
20 relation to requiring certain information on
21 disabled children.
22 ACTING PRESIDENT DiCARLO: Read
23 the last section.
6659
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT DiCARLO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 57.
7 ACTING PRESIDENT DiCARLO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1141, by Senator Levy, Senate Print 3996, an act
11 to amend the Vehicle and Traffic Law, in
12 relation to the transportation of persons in
13 wheelchairs.
14 ACTING PRESIDENT DiCARLO: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT DiCARLO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 57.
22 ACTING PRESIDENT DiCARLO: The
23 bill is passed.
6660
1 THE SECRETARY: Calendar Number
2 1244, by Senator Johnson, Senate Print 2402, an
3 act to amend the Real Property Tax Law, in
4 relation to granting partial exemption from
5 taxation.
6 ACTING PRESIDENT DiCARLO: Read
7 the last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect immediately.
10 ACTING PRESIDENT DiCARLO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 57.
14 ACTING PRESIDENT DiCARLO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1267, by Senator Libous, Senate Print 7316A, an
18 act to amend the Mental Hygiene Law and the
19 Executive Law.
20 ACTING PRESIDENT DiCARLO: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect in 90 days.
6661
1 ACTING PRESIDENT DiCARLO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 57.
5 ACTING PRESIDENT DiCARLO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1228, by Senator Stafford, Senate Print 612, an
9 act to amend the Environmental Conservation Law.
10 SENATOR SKELOS: Lay it aside for
11 the day.
12 ACTING PRESIDENT DiCARLO: The
13 bill is laid aside for the day.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 will you call up Calendar Number 1268, Senate
17 7609.
18 ACTING PRESIDENT DiCARLO: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 1268. Senator Bruno moves to discharge from the
22 Committee on Rules Assembly Bill 10761 and
23 substitute it for the identical Senate Bill
6662
1 7609.
2 ACTING PRESIDENT DiCARLO:
3 Substitution ordered.
4 THE SECRETARY: Calendar Number
5 1268, by the Assembly Committee on Rules,
6 Assembly Print 10761, an act to amend Chapter
7 170 of the Laws of 1994, amending the Tax Law.
8 ACTING PRESIDENT DiCARLO: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT DiCARLO: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT DiCARLO:
16 Senator Dollinger, why do you rise?
17 SENATOR DOLLINGER: Okay, sorry.
18 I apologize. Out of order.
19 ACTING PRESIDENT DiCARLO:
20 Continue.
21 THE SECRETARY: Ayes 57.
22 ACTING PRESIDENT DiCARLO: Bill
23 is passed.
6663
1 Senator Skelos.
2 Senator Skelos, we have some
3 housekeeping if you would like to take that up.
4 SENATOR SKELOS: If we can do the
5 housekeeping, Mr. President.
6 ACTING PRESIDENT DiCARLO: We
7 will return to motions and resolutions.
8 Senator Marcellino.
9 SENATOR MARCELLINO: Yes, Mr.
10 President. On page number 27, on behalf of
11 Senator Skelos, I offer the following amendments
12 to Calendar Number 918, Senate Print Number
13 6724, and ask that said bill retain its place on
14 the Third Reading Calendar.
15 ACTING PRESIDENT DiCARLO:
16 Amendments received and adopted.
17 SENATOR MARCELLINO: Mr.
18 President, on behalf of Senator LaValle, on page
19 number 32, I offer the following amendments to
20 Calendar Number 1019, Senate Print Number 7227,
21 and ask that said bill retain its place on the
22 Third Reading Calendar.
23 ACTING PRESIDENT DiCARLO:
6664
1 Amendments received and adopted.
2 SENATOR MARCELLINO: Mr.
3 President, on behalf of my colleague, Senator
4 Maziarz, on page number 31, I offer following
5 amendments to Calendar Number 1009, Senate Print
6 Number 7312, and ask that said bill retain its
7 place on the Third Reading Calendar.
8 ACTING PRESIDENT DiCARLO:
9 Amendments received and adopted.
10 SENATOR MARCELLINO: Mr.
11 President, on behalf of Senator Lack, on page
12 number 35, I offer the following amendments to
13 Calendar Number 1067, Senate Print Number 7484,
14 and ask that said bill retain its place on the
15 Third Reading Calendar.
16 ACTING PRESIDENT DiCARLO:
17 Amendments received and adopted.
18 Senator Volker.
19 SENATOR VOLKER: Mr. President,
20 on page 4, Calendar Number 32, Senate Print
21 4262, will you please star that bill, please.
22 ACTING PRESIDENT DiCARLO:
23 Calendar 32, Senate 4262, is starred at the
6665
1 request of the sponsor.
2 Senator Hoffmann.
3 SENATOR HOFFMANN: Mr. President,
4 i believe I have a privileged resolution at the
5 desk.
6 ACTING PRESIDENT DiCARLO: Yes,
7 we do. Secretary will read.
8 THE SECRETARY: By Senator
9 Hoffmann, Legislative Resolution, commending
10 Nancy and David A.A. Ridings upon the occasion
11 of their designation as recipients of the 1996
12 Interreligious Leadership Award.
13 ACTING PRESIDENT DiCARLO:
14 Senator Hoffmann.
15 SENATOR HOFFMANN: I would ask
16 that the resolution be adopted.
17 ACTING PRESIDENT DiCARLO: All
18 those in favor of the resolution, signify by
19 saying aye.
20 (Response of "Aye.")
21 Opposed.
22 (There was no response.)
23 Resolution is adopted.
6666
1 SENATOR HOFFMANN: Thank you, Mr.
2 President.
3 ACTING PRESIDENT DiCARLO:
4 Senator Skelos.
5 SENATOR SKELOS: Mr. President,
6 if there is no objection, we would like to take
7 up Calendar Number 1263 and Calendar Number 1264
8 which were laid aside earlier today. I believe
9 Senator Sears is ready to debate those bills.
10 ACTING PRESIDENT DiCARLO:
11 Without objection, Secretary will read.
12 THE SECRETARY: Calendar Number
13 1263, by Senator Sears, Senate Print 7301, an
14 act to authorize the county of Lewis to sell,
15 transfer, convey and otherwise dispose of the
16 Lewis County General Hospital.
17 ACTING PRESIDENT DiCARLO: There
18 is a home rule message at the desk.
19 SENATOR PATERSON: Explanation.
20 ACTING PRESIDENT DiCARLO:
21 Explanation has been asked for.
22 Senator Sears.
23 SENATOR SEARS: This bill 1263,
6667
1 it just authorizes the county of Lewis to sell,
2 transfer, convey and otherwise dispose of the
3 Lewis County General Hospital to a not-for
4 profit hospital corporation. The county can no
5 longer afford to maintain that hospital so they
6 want to get rid of it and let it be taken over
7 by a not-for-profit organization, and the bill
8 that follows it is the same thing. They want to
9 authorize them to issue serial bonds to
10 liquidate the project's debt, a companion bill.
11 ACTING PRESIDENT DiCARLO: Read
12 the last section on 1263.
13 THE SECRETARY: Section 7. This
14 act shall take effect immediately.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 58.
17 ACTING PRESIDENT DiCARLO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1264, by Senator Sears, Senate Print 7302, an
21 act authorizing the county of Lewis to issue
22 serial bonds.
23 ACTING PRESIDENT DiCARLO: There
6668
1 is a home rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 8. This
4 act shall take effect immediately.
5 ACTING PRESIDENT DiCARLO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 58.
9 ACTING PRESIDENT DiCARLO: The
10 bill is passed.
11 SENATOR SKELOS: Mr. President,
12 is there any housekeeping at the desk?
13 ACTING PRESIDENT DiCARLO: Yes,
14 we do, Senator Skelos.
15 Senator Marcellino.
16 SENATOR MARCELLINO: Mr.
17 President, on behalf of Senator Maltese, please
18 place a sponsor's star on Calendar Number 854.
19 ACTING PRESIDENT DiCARLO: So
20 ordered.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 if we could stand at ease.
6669
1 ACTING PRESIDENT DiCARLO: Senate
2 will stand at ease.
3 (Whereupon, at 12:34 p.m., the
4 Senate stood at ease.)
5 SENATOR SKELOS: Mr. President.
6 ACTING PRESIDENT DiCARLO:
7 Senator Skelos.
8 SENATOR SKELOS: There will be an
9 immediate meeting of the Rules Committee in Room
10 332 of the Capitol, and Senate will stand at
11 ease.
12 ACTING PRESIDENT DiCARLO:
13 Immediate meeting of the Rules Committee in Room
14 332 of the capital. Senate will stand at ease.
15 (Whereupon, at 1:03 p.m., the
16 Senate reconvened.)
17 ACTING PRESIDENT KUHL: Senate
18 will come to order. Ask the members to find
19 their places.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President, I
22 believe -- if we could return to reports of
23 standing committees, I believe there is a report
6670
1 of the Rules Committee at the desk. I ask that
2 it be read.
3 ACTING PRESIDENT KUHL: We will
4 return to reports of standing committees.
5 Secretary will read the Rules
6 Report which is at the desk.
7 THE SECRETARY: Senator Bruno,
8 from the Committee on Rules, offers up the
9 following bills directly for third reading:
10 Senate Print 3356, by Senator
11 Kuhl, an act to amend the Vehicle and Traffic
12 Law;
13 Senate Print 3519, by Senator
14 DeFrancisco and others, an act to amend the
15 Penal Law;
16 4358A, by Senator DiCarlo, an act
17 to amend the Vehicle and Traffic Law;
18 4804A, by Senator Maziarz, an act
19 to amend the Town Law;
20 4907A, by Senator Tully, an act
21 to amend the Penal Law;
22 5418A, by Senator Holland, an act
23 to amend the Public Health Law;
6671
1 5899, by Senator DiCarlo, an act
2 authorizing the city of New York to reconvey;
3 6049, by Senator Rath, an act to
4 amend the State Administrative Procedure Act;
5 6109, by Senator Hoblock, an act
6 to amend the Public Officers Law;
7 6189A, by Senator Larkin, an act
8 to amend the General Municipal Law;
9 6252, by Senator Tully and
10 others, an act to amend Chapter 294 of the Laws
11 of 1994;
12 6373, by Senator Skelos, an act
13 to amend the Public Health Law;
14 6514, by Senator Maltese, an act
15 to amend the Penal Law;
16 6584A, by Senator Skelos, an act
17 to amend the Environmental Conservation Law;
18 6673, by Senator Johnson, an act
19 to provide retirement credit;
20 6675B, by Senator LaValle, an act
21 authorizing the Town of Brookhaven;
22 6745, by Senator Stafford, an act
23 to amend Chapter 583 of the Laws of 1995;
6672
1 6776, by Senator Larkin, an act
2 to amend Chapter 463 of the Laws of 1995;
3 6791A, by Senator Present, an act
4 to reopen a special retirement plan;
5 6794, by Senator Saland, an act
6 to amend the Penal Law;
7 6838, by Senator Tully, an act to
8 amend the Social Services Law;
9 6848, by Senator Alesi, an act to
10 amend the Penal Law and the Criminal Procedure
11 Law;
12 6909A, by Senator Alesi, an act
13 to amend the Criminal Procedure Law;
14 7028, by Senator Present, an act
15 to amend the Environmental Conservation Law;
16 7104A, by Senator Johnson, an act
17 in relation to authorizing the county of
18 Suffolk;
19 7203, by Senator Cook, an act to
20 amend the Agriculture and Markets Law;
21 7300A, by Senator Present and
22 others, an act to amend the Executive Law;
23 7433, by Senator Nanula, an act
6673
1 to amend the Local Finance Law;
2 Senate 7487A, by Senator Holland,
3 an act to authorize or sell real property;
4 7508, by Senator Seward, an act
5 to legalize, ratify, and confirm;
6 7685, by Senator Trunzo and
7 others, an act authorizing the payment of
8 supplemental retirement allowances.
9 All bills directly for third
10 reading.
11 ACTING PRESIDENT KUHL: Senator
12 Skelos.
13 SENATOR SKELOS: Move that we
14 adopt the report of the Rules Committee.
15 ACTING PRESIDENT KUHL: Motion is
16 to adopt the report of the Rules Committee.
17 All those in favor, signify by
18 saying aye.
19 (Response of "Aye.")
20 Opposed, nay.
21 (There was no response.)
22 The Rules Report is adopted. The
23 bills are ordered directly to third reading.
6674
1 We have a couple of
2 substitutions.
3 SENATOR SKELOS: Before we make
4 those, there will be an immediate meeting of the
5 Finance Committee in Room 332 of the Capitol.
6 ACTING PRESIDENT KUHL: Immediate
7 meeting of the Finance Committee in the Majority
8 Conference Room, Room 332.
9 Immediate meeting of the Finance
10 Committee in the Majority Conference Room, Room
11 332.
12 SENATOR SKELOS: Mr. President,
13 if we could make the substitutions.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the substitutions.
16 THE SECRETARY: Senator Wright
17 moves to discharge from the Committee on Rules
18 Assembly Bill 9838 and substitute it for the
19 identical Senate Bill 12C.
20 Senator Tully moves to discharge
21 from the Committee on Investigations, Taxation
22 and Government Operations Assembly Bill Number
23 5829A and substitute it for the identical Senate
6675
1 Bill 3263A.
2 Senator Stafford moves to
3 discharge from the Committee on Rules Assembly
4 Bill 9757 and substitute it for the identical
5 Senate Bill 3312A.
6 ACTING PRESIDENT KUHL:
7 Substitutions are ordered.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 at this time, if we can take up Senate
11 Supplemental Calendar Number 1.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the noncontroversial calendar on
14 Senate Supplement Calendar Number 1.
15 THE SECRETARY: Calendar Number
16 1269, by Member of the Assembly Christensen, an
17 act to amend the State Administrative Procedure
18 Act and the Executive Law, in relation to job
19 impact statements.
20 SENATOR PATERSON: Lay it aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
6676
1 1270, by Senator Tully, Senate Print 186A, an
2 act to amend the General Business Law, in
3 relation to requiring the disclosure of credit
4 terms.
5 ACTING PRESIDENT KUHL: Secretary
6 will read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 60 day.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 Announce the results when
13 tabulated.
14 THE SECRETARY: Ayes 59. On
15 Calendar Number 1270, ayes 58, nays 1, Senator
16 Padavan recorded in the negative.
17 ACTING PRESIDENT KUHL: Bill is
18 passed.
19 SENATOR PADAVAN: Excuse me, Mr.
20 President.
21 ACTING PRESIDENT KUHL: That was
22 Calendar Number 1270, Senator Padavan. That is
23 on Supplemental Calendar Number 1.
6677
1 SENATOR PADAVAN: I'm in the
2 affirmative on that bill.
3 ACTING PRESIDENT KUHL: Record
4 the change. Announce the results.
5 THE SECRETARY: Calendar Number
6 1271, by Senator Holland, Senate Print 751, an
7 act to amend the Executive Law, in relation to
8 the powers of the Office of the Welfare
9 Inspector General.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 59.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1272, Senate Print 1384A, an act to amend the
22 Environmental Conservation Law, in relation to
23 granting municipalities an exemption from waste
6678
1 transportation fees.
2 ACTING PRESIDENT KUHL: There is
3 a local fiscal impact note at the desk.
4 Secretary will read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 59.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1273, by Senator Farley, Senate Print 2305B, an
16 act to amend the Tax Law, in relation to
17 requirement to file a personal income tax
18 return.
19 ACTING PRESIDENT KUHL: Secretary
20 will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 1st day of January.
23 ACTING PRESIDENT KUHL: Call the
6679
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1274, by Senator Stafford, Senate Print 2505A,
8 an act to amend the Labor Law, in relation to
9 license to possess and use explosives.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on November 1st.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 59.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1275, by Senator Trunzo, Senate Print 3210A, an
22 act to amend the Retirement and Social Security
23 Law, in relation to the membership of park
6680
1 rangers in Suffolk County.
2 ACTING PRESIDENT KUHL: There is
3 a home rule message at the desk.
4 Secretary will read the last
5 section.
6 THE SECRETARY: Section 6. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 59.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1276, substituted earlier today, by Member of
16 the Assembly DiNapoli, Assembly Print 5829A, an
17 act to amend the Alcohol Beverage Control Law,
18 in relation to prohibiting the issuance of
19 license to sell liquor.
20 SENATOR PATERSON: Lay it aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
6681
1 1277, substituted earlier today, by Member of
2 the Assembly D'Andrea, Assembly Print 9757, an
3 act to amend the Tax Law, in relation to
4 authorizing the county of Washington to allocate
5 certain proceeds.
6 SENATOR SKELOS: Lay it aside for
7 the day at the request of the sponsor.
8 ACTING PRESIDENT KUHL: Lay the
9 bill aside for the day at the request of the
10 sponsor.
11 THE SECRETARY: Calendar Number
12 1278, by Senator Kuhl, Senate Print 3868A, an
13 act to require the New York State and Local
14 Employees' Retirement System to accept
15 retirement applications.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the last section.
18 THE SECRETARY: Section 3. 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 59.
6682
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1279, by Senator Hoffmann, Senate Print 4145C.
5 SENATOR PATERSON: Lay it aside.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside for the amendments.
8 Senator Present, that completes
9 the reading of the noncontroversial calendar of
10 Supplemental Calendar Number 1.
11 SENATOR PRESENT: Mr. President,
12 will you recognize Senator Onorato for a motion.
13 ACTING PRESIDENT KUHL: Chair
14 recognizes Senator Onorato.
15 SENATOR ONORATO: Mr. President,
16 on behalf of Senator Hoffmann, I offer the
17 following amendments to Calendar Number 1279,
18 Senate Print Number 4145C, and ask that said
19 bill retain its place on Third Reading Calendar.
20 ACTING PRESIDENT KUHL:
21 Amendments to Calendar Number 1279 are received
22 and adopted, and the bill will retain its place
23 on the Third Reading Calendar.
6683
1 Senator Marcellino.
2 SENATOR MARCELLINO: Mr.
3 President, on behalf of Senator Trunzo, on page
4 number 29, I offer the following amendments to
5 Calendar Number 974, Senate Print Number 7259A,
6 and ask that the bill retain its place on the
7 Third Reading Calendar.
8 ACTING PRESIDENT KUHL:
9 Amendments to Calendar Number 974 are received
10 and adopted, and the bill will retain its place
11 on the Third Reading Calendar.
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 can we take up the controversial issues on
15 Senate Supplemental Calendar Number 1.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the controversial calendar,
18 Supplemental Calendar Number 1.
19 THE SECRETARY: Calendar Number
20 1269, by Member of the Assembly Christensen,
21 Assembly Print 9838, an act to amend the State
22 Administrative Procedure Act and the Executive
23 Law, in relation to job impact statements.
6684
1 SENATOR PATERSON: Explanation.
2 ACTING PRESIDENT KUHL: Senator
3 Wright, Senator Paterson has requested an
4 explanation.
5 SENATOR WRIGHT: Thank you, Mr.
6 President.
7 The bill before the Senate
8 modifies the Administrative Procedures Act to
9 include the provision of a job impact statement
10 and, by doing that, establishes as state policy
11 the intent of this state to preserve jobs,
12 create employment opportunities, and to make
13 sure that when we're establishing regulations
14 that we consider the impact on employment.
15 This is a direct result of the
16 history that New York State has been through
17 over the last six or eight years with a
18 significant job loss that we've encountered.
19 Many times that has been directly attributed to
20 the decision making of our agencies in the rule
21 making processes and the regulatory
22 implementation.
23 Consequently, we have recommended
6685
1 statutory language on two previous occasions
2 with agreement between both houses in '93 and
3 '94 that unfortunately was vetoed by then
4 Governor Cuomo. We have made the necessary
5 amendments. We have worked with our colleagues
6 in the other house to incorporate this in
7 statute to ensure that we have a clear
8 delineation of impacts as it relates to job
9 creation.
10 ACTING PRESIDENT KUHL: Senator
11 Paterson.
12 SENATOR PATERSON: Mr. President,
13 if the sponsor will yield for a question.
14 ACTING PRESIDENT KUHL: Senator
15 Wright, do you yield to a question?
16 SENATOR WRIGHT: I will.
17 ACTING PRESIDENT KUHL: The
18 Senator yields.
19 SENATOR PATERSON: Senator
20 Wright, what I am having trouble understanding
21 is, how will this benefit New York State
22 residents? I guess presumably the answer would
23 be that it would save jobs if the agency was
6686
1 prescribing a regulation that would hurt the
2 market more by causing people to lose jobs than
3 whatever was the administrative duty that was
4 being corrected.
5 SENATOR WRIGHT: That is correct,
6 Senator. The intent is to ensure that there is
7 a very specific acknowledgment of the impact on
8 jobs, that there is a very specific discussion
9 of the effect that that proposed regulation will
10 have and, more importantly, that there is a
11 conscious public awareness through the rule
12 making process so that can be evaluated as part
13 of the rule-making process.
14 ACTING PRESIDENT KUHL: Senator
15 Paterson.
16 SENATOR PATERSON: Senator, if
17 you will continue to yield.
18 ACTING PRESIDENT KUHL: Senator
19 Wright, do you continue to yield?
20 SENATOR WRIGHT: I will, Mr.
21 President.
22 ACTING PRESIDENT KUHL: The
23 Senator continues to yield.
6687
1 SENATOR PATERSON: Isn't it
2 likely that the type of data that would be used
3 for an analysis to determine that the jobs
4 impact would -- how severe that would be might
5 in many respects be somewhat biased, not because
6 of an actual bias but because of the skewed
7 nature of the report, being that many of the
8 statistics are going to come from those who
9 would benefit more by the maintenance of certain
10 jobs? So that, theoretically, if there was a
11 very serious regulation that was coming down and
12 -- let's give an example of something that
13 wouldn't have anything to do with the state.
14 Let's say that there was a
15 regulation about tobacco, but you are getting
16 your statistics from the industry.
17 Theoretically, you are losing jobs, but we're
18 also losing lives. That's one of the reasons
19 the agency would establish the regulation.
20 So I guess my question is, aren't
21 we adding another layer to government? In other
22 words, if there is a problem with the agencies,
23 then why don't we make the correction right
6688
1 within the agency itself? But to add this
2 additional encumbrance on the agency I just
3 think is top heavy and is going to create an
4 inexorable delay in regulations that are being
5 promulgated for the good of our state and our
6 citizens.
7 And so my question to you is,
8 don't you think it's possible that this law if
9 passed could create that circumstance?
10 SENATOR WRIGHT: No, I don't,
11 Senator. In terms of the theoretical situation
12 that you articulate, first of all, this does not
13 prohibit implementation of a regulation but
14 requires that the information be made available
15 and that everyone is aware of the job impact so
16 that there is a conscious decision-making, but
17 it doesn't preclude that there may well be a
18 regulation that has inherent or significant
19 health and safety implications that override the
20 job implication. But what it does assure is
21 that there is a conscious assessment of the cost
22 versus the benefit, in this case jobs, before we
23 make that decision.
6689
1 ACTING PRESIDENT KUHL: Senator
2 Paterson.
3 SENATOR PATERSON: Thank you, Mr.
4 President, and thank you, Senator Wright, for
5 your responses.
6 Mr. President, on the bill.
7 ACTING PRESIDENT KUHL: Senator
8 Paterson, on the bill.
9 SENATOR PATERSON: I kind of had
10 the feeling that Senator Wright was not going to
11 agree with me that there would be in a sense a
12 chilling effect on the adoption of regulations.
13 I understand his desire to add
14 protections to our work force in the state, and
15 so it's really just a -- I think a fair-minded
16 disagreement. It's just a feeling that I want
17 to aver here that the establishment of
18 regulations is something that does not need to
19 be impeded nor do we want to add time to the
20 process and in any way obfuscate the merit of
21 regulations that need to be changed.
22 I think perhaps there is a
23 sentiment in this chamber that, at times, we
6690
1 have overregulated, but I would hope that we
2 would not allow the pendulum to move too far in
3 the other direction, as I think we would in this
4 case, where the regulators for fear of moving
5 through hoops would just really not find the
6 value in establishing needed regulations that
7 citizens of this state certainly would require.
8 SENATOR LEICHTER: Mr. President.
9 ACTING PRESIDENT KUHL: Senator
10 Leichter.
11 SENATOR LEICHTER: Mr. President,
12 I think Senator Paterson, as always, got to the
13 heart of the issue. I just want, if I may, to
14 try to elaborate a little bit on it and try to
15 point out what I think is an imbalance in this
16 bill.
17 As I read this bill, Senator
18 Wright, the Commissioner of Labor and the
19 Commissioner of Economic Development can, in
20 effect, send a rule or proposed rule after they
21 review the job impact statement back for further
22 review. I think it's 90 days that they can hold
23 up this rule.
6691
1 And while, Senator, we all agree
2 with you, jobs are terribly important, economic
3 development is terribly important, but equally
4 important is the health of New Yorkers. It's
5 equally important that we have clean air, that
6 we have clean water, that rules that are made by
7 the Health Department, by the Department of
8 Environmental Conservation, deserve equal
9 respect.
10 I mean I think it's interesting
11 that, for instance, you don't provide that there
12 ought to be a health impact statement on every
13 rule that's made. Maybe we ought to have a
14 health impact statement and you want to give the
15 Commissioner of Health the power to hold up for
16 90 days rules that are made by the Department of
17 Labor or the Department of Economic Development;
18 or are you going to say to us, "Wait a second,
19 health is unimportant"? But that's really what
20 you are saying.
21 We know what's driving this
22 bill. It's that many of you chafe under the
23 regulations, mainly environmental regulations.
6692
1 Let me just tell you, Senator Wright, the
2 American people and I think the people of New
3 York don't agree with you. They want clean
4 air. They want clean water. They don't want to
5 live near toxic dumps. They don't want to have
6 pesticides creating cancer risks.
7 And I think the issue is very
8 clearly drawn when you look at this bill between
9 the Democratic approach of trying to preserve
10 the environment, balancing jobs and the
11 environment -- and we can have both -- and those
12 who want to undo the environmental protections
13 that have been built up over the years, just as
14 in Congress, your party, Senator Wright, has
15 tried to dismantle the Clean Air Act, the Clean
16 Water Act, and so on; and what you are trying to
17 do is just put up a lot of road blocks, speed
18 bumps, in the way of regulations that are
19 necessary for the health and the welfare of New
20 Yorkers.
21 I think it's an unfortunate bill.
22 ACTING PRESIDENT KUHL: Secretary
23 will read the last section.
6693
1 SENATOR PATERSON: Mr. President.
2 ACTING PRESIDENT KUHL: Yes,
3 Senator Paterson.
4 SENATOR PATERSON: We would like
5 a slow roll call on this.
6 ACTING PRESIDENT KUHL: Are there
7 five members in the chamber who would stand up
8 indicating they want a slow roll call?
9 There are.
10 I direct the Secretary to ring
11 the bells.
12 The Secretary will read the last
13 section.
14 THE SECRETARY: Section 5. This
15 act shall take effect on the 1st day of
16 October.
17 ACTING PRESIDENT KUHL: Call the
18 roll slowly.
19 THE SECRETARY: Senator Abate.
20 SENATOR ABATE: No.
21 THE SECRETARY: Senator Alesi.
22 (There was no response.)
23 Senator Babbush.
6694
1 (There was no response.)
2 Senator Bruno.
3 (Affirmative indication)
4 Senator Connor.
5 (Negative indication)
6 Senator Cook.
7 SENATOR COOK: Yes.
8 THE SECRETARY: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: Yes.
11 THE SECRETARY: Senator DiCarlo.
12 SENATOR DiCARLO: Aye.
13 THE SECRETARY: Senator
14 Dollinger.
15 SENATOR DOLLINGER: No.
16 THE SECRETARY: Senator Espada.
17 (There was no response.)
18 Senator Farley.
19 (There was no response.)
20 Senator Gold.
21 SENATOR GOLD: No.
22 THE SECRETARY: Senator Gonzalez.
23 (There was no response.)
6695
1 Senator Goodman.
2 SENATOR GOODMAN: No.
3 THE SECRETARY: Senator Hannon.
4 SENATOR HANNON: Yes.
5 THE SECRETARY: Senator Hoblock.
6 (There was no response.)
7 Senator Hoffmann.
8 SENATOR HOFFMANN: Yes.
9 THE SECRETARY: Senator Holland.
10 SENATOR HOLLAND: Yes.
11 THE SECRETARY: Senator Johnson.
12 SENATOR JOHNSON: Aye.
13 THE SECRETARY: Senator Kruger.
14 (There was no response.)
15 THE SECRETARY: Senator Kuhl.
16 SENATOR KUHL: Aye.
17 THE SECRETARY: Senator Lachman.
18 (There was no response.)
19 THE SECRETARY: Senator Lack.
20 (There was no response.)
21 Senator Larkin.
22 (There was no response.)
23 Senator LaValle.
6696
1 SENATOR LAVALLE: No.
2 THE SECRETARY: Senator Leibell.
3 (There was no response.)
4 THE SECRETARY: Senator Leichter.
5 SENATOR LEICHTER: No.
6 THE SECRETARY: Senator Levy.
7 (There was no response.)
8 Senator Libous.
9 SENATOR LIBOUS: Aye.
10 THE SECRETARY: Senator Maltese.
11 (There was no response.)
12 Senator Marcellino.
13 SENATOR MARCELLINO: Aye.
14 THE SECRETARY: Senator Marchi.
15 SENATOR MARCHI: Aye.
16 THE SECRETARY: Senator
17 Markowitz.
18 SENATOR MARKOWITZ: No.
19 THE SECRETARY: Senator Maziarz.
20 (There was no response.)
21 Senator Mendez.
22 (There was no response.)
23 Senator Montgomery.
6697
1 SENATOR MONTGOMERY: No.
2 THE SECRETARY: Senator Nanula.
3 SENATOR NANULA: No.
4 THE SECRETARY: Senator Nozzolio.
5 SENATOR NOZZOLIO: Aye.
6 THE SECRETARY: Senator Onorato.
7 SENATOR ONORATO: No.
8 THE SECRETARY: Senator
9 Oppenheimer.
10 SENATOR OPPENHEIMER: No.
11 THE SECRETARY: Senator Padavan.
12 SENATOR PADAVAN: Aye.
13 THE SECRETARY: Senator Paterson.
14 SENATOR PATERSON: No.
15 THE SECRETARY: Senator Present.
16 SENATOR PRESENT: Aye.
17 THE SECRETARY: Senator Rath.
18 SENATOR RATH: Aye.
19 THE SECRETARY: Senator Saland.
20 SENATOR SALAND: Aye.
21 THE SECRETARY: Senator Santiago.
22 SENATOR SANTIAGO: No.
23 THE SECRETARY: Senator Seabrook.
6698
1 SENATOR SEABROOK: No.
2 THE SECRETARY: Senator Sears.
3 (There was no response.)
4 Senator Seward.
5 SENATOR SEWARD: Yes.
6 THE SECRETARY: Senator Skelos.
7 (There was no response.)
8 Senator Smith.
9 SENATOR SMITH: No.
10 THE SECRETARY: Senator Spano.
11 (There was no response.)
12 Senator Stachowski.
13 SENATOR STACHOWSKI: No.
14 THE SECRETARY: Senator Stafford.
15 SENATOR STAFFORD: Aye.
16 THE SECRETARY: Senator Stavisky,
17 excused.
18 Senator Trunzo.
19 SENATOR TRUNZO: Aye.
20 THE SECRETARY: Senator Tully.
21 (There was no response.)
22 Senator Velella.
23 (Affirmative indication)
6699
1 Senator Volker.
2 SENATOR VOLKER: Yes.
3 THE SECRETARY: Senator Waldon.
4 (There was no response.)
5 Senator Wright.
6 SENATOR WRIGHT: Mr. President,
7 to explain my vote.
8 ACTING PRESIDENT KUHL: Senator
9 Wright, to explain his vote.
10 SENATOR WRIGHT: Thank you, Mr.
11 President.
12 I'd like to clarify a couple of
13 points because in the debate great length was
14 taken to try to portray this as an anti-health,
15 anti-environment. In fact, I think it was
16 portrayed as anti-almost everything in the
17 description of what this bill does and, in fact,
18 nothing could be further from the truth.
19 First of all, the bill does not
20 prohibit anything from happening. Secondly, the
21 bill does not prohibit the adoption of health,
22 safety and other appropriate considerations in
23 regulation and authority. Thirdly, what the
6700
1 bill specifically does is simply says pay
2 attention to what you're doing to jobs, and if,
3 in fact, a regulation is going to have a
4 significant impact -- and by that, that's
5 defined as 100 jobs where a $1 million impact -
6 ACTING PRESIDENT KUHL: Senator
7 Wright, excuse me just a minute.
8 SENATOR WRIGHT: Thank you, Mr.
9 President.
10 ACTING PRESIDENT KUHL: I don't
11 know how anybody could hear you, even yourself
12 hear yourself think with all the noise that's in
13 here.
14 Thank you for the interruption,
15 Senator Wright.
16 SENATOR WRIGHT: Thank you, Mr.
17 President.
18 The point being it is a question
19 of having significant job impact and ensuring
20 that the bureaucrats in the agency are conscious
21 of that impact because I believe that, yes,
22 people want clean air and, yes, people want
23 clean water, but they also don't want to
6701
1 sacrifice their jobs, and they would hope that
2 within the public decision-making that goes on,
3 that at least the importance of their jobs are
4 given equal and dual consideration. That's what
5 this bill does.
6 This bill also has a very
7 specific emergency provision that delays and
8 defers the job impact. So if, in fact, there is
9 a significant environmental impact; if, in fact,
10 there is a significant health impact then, in
11 fact, you can proceed with the rule-making
12 process. This bill does not affect it.
13 I guess the most gross
14 overstatement that I would portray utilized in
15 the debate was trying to draw partisan
16 distinctions on the intent of this bill.
17 I would point out to my
18 colleagues this bill, in fact, has passed in
19 various forms in this house on three separate
20 occasions. It has done likewise in the, quote,
21 "Democrat" Assembly, and the bill that we have
22 before us has been adopted by the Majority in
23 the Assembly. So I don't believe we have a
6702
1 partisan issue before us. We all share a
2 concern about jobs. We all can share a concern
3 that jobs will be reflected.
4 I think it's important that we
5 recognize, in fact, what this bill does, not
6 what its opponents try to spin it as doing.
7 Thank you, Mr. President. I vote
8 in the affirmative.
9 ACTING PRESIDENT KUHL: Senator
10 Wright will be recorded in the affirmative.
11 Call the absentees.
12 THE SECRETARY: Senator Babbush.
13 (There was no response.)
14 Senator Espada.
15 (There was no response.)
16 Senator Farley.
17 SENATOR FARLEY: Aye.
18 THE SECRETARY: Senator Gonzalez.
19 (There was no response.)
20 Senator Hoblock.
21 SENATOR HOBLOCK: Yes.
22 THE SECRETARY: Senator Kruger.
23 SENATOR KRUGER: No.
6703
1 THE SECRETARY: Senator Lachman.
2 SENATOR LACHMAN: No.
3 THE SECRETARY: Senator Lack.
4 SENATOR LACK: Aye.
5 THE SECRETARY: Senator Larkin.
6 SENATOR LARKIN: Aye.
7 THE SECRETARY: Senator Levy.
8 SENATOR LEVY: Aye.
9 THE SECRETARY: Senator Maltese.
10 (There was no response.)
11 Senator Maziarz.
12 SENATOR MAZIARZ: Yes.
13 THE SECRETARY: Senator Mendez.
14 (There was no response.)
15 Senator Sears.
16 SENATOR SEARS: Aye.
17 THE SECRETARY: Senator Skelos.
18 (There was no response.)
19 Senator Spano.
20 SENATOR SPANO: Aye.
21 THE SECRETARY: Senator Tully.
22 SENATOR TULLY: No.
23 THE SECRETARY: Senator Waldon.
6704
1 (Negative indication)
2 ACTING PRESIDENT KUHL: Senator
3 Maltese, how do you vote?
4 SENATOR MALTESE: Aye.
5 ACTING PRESIDENT KUHL: Announce
6 the results.
7 THE SECRETARY: Ayes 33, nays 22.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 The Secretary will continue to
11 call the controversial calendar on Senate
12 Supplemental Calendar Number 1.
13 THE SECRETARY: Calendar Number
14 1276, by Member of the Assembly DiNapoli,
15 Assembly Print 5829-A, an act to amend the
16 Alcoholic Beverage Control Law, in relation to
17 prohibiting the issuance of licenses to sell
18 liquor.
19 ACTING PRESIDENT KUHL: Senator
20 Padavan.
21 SENATOR PADAVAN: Thank you, Mr.
22 President.
23 I want to thank -
6705
1 ACTING PRESIDENT KUHL: Senator
2 Padavan, excuse me just a minute. Could we have
3 the members please take their seats, the staff
4 take their places. Let's quiet it down.
5 SENATOR GOLD: Mr. President.
6 ACTING PRESIDENT KUHL: Senator
7 Gold, why do you rise?
8 SENATOR GOLD: Yeah. With all
9 due respect to Senator Padavan, I believe with
10 the bill we just finished, as the roll call was
11 being closed, Senator Mendez walked in the
12 chamber and was seeking attention and we
13 announced the result, and if there was no
14 objection -- we're just there -- to the roll
15 call being open just to let Senator Mendez cast
16 her vote.
17 ACTING PRESIDENT KUHL: Senator
18 Mendez, how were you going to vote?
19 SENATOR MENDEZ: No.
20 ACTING PRESIDENT KUHL: Senator
21 Mendez will be put on the roll call as voting in
22 the negative with the consent of the Majority.
23 SENATOR GOLD: Thank you so much.
6706
1 ACTING PRESIDENT KUHL: You're
2 entirely welcome. Walk a little faster next
3 time, Olga.
4 Senator Padavan, you now have the
5 floor.
6 SENATOR PADAVAN: Thank you, Mr.
7 President.
8 We're dealing with Senator
9 Tully's bill, and I want to thank him and his
10 counsel for explaining certain provisions of it
11 to me and for the dialogue that we've entered
12 into.
13 A number of years ago we passed a
14 bill that is law that's worked out fairly well
15 with certain exceptions. It was discussed
16 earlier in this session involving the siting of
17 on-premises consumption of alcohol in bars. The
18 statute we have in effect says that if you have
19 three bars within 500 feet of each other and an
20 applicant comes along and wants to add a fourth,
21 that the SLA -- no, is this 1276? Yes, it is.
22 ACTING PRESIDENT KUHL: Senator
23 Padavan, we are on Calendar Number 1276.
6707
1 SENATOR PADAVAN: I'm just
2 advising the sponsor.
3 I thank you, Senator Tully, for
4 the explanation that you were kind enough to
5 give me and your counsel earlier.
6 So currently if you're within
7 that 500-foot radius and you're the fourth
8 applicant, the fourth person to want to open up
9 a bar, the SLA must consider that density issue
10 and must consult local government, which in the
11 city of New York would be a community planning
12 board or outside the city, a town, village,
13 small city. If that local government says for
14 the public interest and for some valid reasons,
15 we have no objections, the SLA can and has been
16 issuing that license. So it's not an ironclad
17 prohibition by any means.
18 As a matter of fact, in some
19 cases the SLA has issued licenses over the
20 objections of local government when they felt in
21 their judgment it was in the public interest.
22 Now, what about the bill before
23 us? The bill before us does not affect the city
6708
1 of New York. What it effectively does -- and
2 that's why I had to understand it more clearly
3 with Senator Tully's help -- what it effectively
4 does, it says if you are a village or town of
5 under 20,000 people, there is no restriction.
6 Now, I'm saying that loudly so
7 all of you in this chamber who have towns and
8 villages in your district that have a population
9 of under 20,000 will have to understand clearly
10 that if this became law, there would be no
11 restriction based on density in those villages
12 and small cities throughout the state.
13 Now, I think there's a better way
14 to do this, and I would urge Senator Tully to
15 consider it. Already in effect, to re-emphasize
16 the point I made earlier, any jurisdiction can
17 propose that the 500 rule not be applied, and
18 that is already in effect, and I understand the
19 particular area that Senator Tully is concerned
20 about, and they have that opportunity.
21 Now, the fact that they may not
22 want to be bothered with that opportunity in
23 that particular instance really shouldn't place
6709
1 a burden on every other town, village throughout
2 the state of New York where there might be a
3 problem, and they do exist, and so I'm simply
4 rising to express my view on the bill with due
5 deference to the sponsor and his motivation -
6 which I think is of the highest in terms of
7 responding to a community need -- that we do
8 have a problem here that we must acknowledge in
9 dealing with this bill.
10 ACTING PRESIDENT KUHL: Is there
11 any other Senator wishing to speak on the bill?
12 Senator Abate.
13 SENATOR ABATE: Yes. I would -
14 on the bill -- would like to join Senator
15 Padavan. My understanding of the 500-foot rule,
16 it's a discretionary rule. It's an opportunity
17 for communities, no matter what size they are,
18 to have a voice before the SLA when they feel
19 there's been over-saturation, there are too many
20 bars or discos and restaurants within 500 feet
21 of each other. It's still within the discretion
22 of the State Liquor Authority to determine what
23 is in the public interests of that community,
6710
1 but it's a vital opportunity for the community
2 to be heard, their concerns to be addressed, and
3 I believe we would be doing a disservice to
4 communities throughout the state if we took away
5 this opportunity for review. Again, it's
6 discretionary.
7 The SLA, in many instances -- I
8 know in New York City where communities have
9 voiced over-saturation, have talked about too
10 much vehicular/pedestrian traffic, too much
11 noise, et cetera, the SLA has still ruled
12 because it's within their wisdom and discretion
13 to say it's still within the public interests
14 because the bar/restaurant creates jobs, to
15 overlook the 500-foot rule.
16 So I think it's an important
17 vehicle for community input and review, and I
18 think we should move very cautiously before we
19 take the 500-foot mechanism away from any
20 community, regardless of what their size is.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last -- excuse me.
23 Senator Tully.
6711
1 SENATOR TULLY: Mr. President, to
2 explain my vote.
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 ACTING PRESIDENT KUHL: Senator
11 Tully, to explain his vote.
12 SENATOR TULLY: In the interest
13 of clarity, Mr. President, this bill is an
14 agreed-upon bill. Assemblyman DiNapoli
15 sponsored it in the other house. It's already
16 passed that house. It passed the Senate last
17 year but it had 50,000 as a limit. Now it's
18 down to 20,000. The communities who requested
19 this, a part of the Great Neck Peninsula -
20 there are nine villages in that area -- they're
21 extremely intelligent people. They're very well
22 versed in the planning mechanism, and this is a
23 home rule bill.
6712
1 As a former local legislator
2 myself, I know how important it is for local
3 planning boards to have the first input. This
4 bill gives them the power to decide whether or
5 not they do want some development of commercial
6 space in the limited area that they have. It
7 gives them the power that they desire, and I ask
8 all of the members to join me in supporting it.
9 ACTING PRESIDENT KUHL: Senator
10 Hoffmann to explain her vote.
11 Senator Hoffmann waives.
12 Senator Dollinger to explain his
13 vote.
14 SENATOR DOLLINGER: Mr.
15 President, I'll be brief. I agree with Senator
16 Padavan and Senator Abate. I'm concerned about
17 the over-concentration of these establishments
18 any place in New York, and I think that's
19 something that before we take away the SLA's
20 power to restrict those, we ought to look at it
21 very carefully, and although it may be an
22 agreed-upon bill, at least from my point of
23 view, it doesn't seem to make -- to be a good
6713
1 idea for the people of this entire state.
2 So I'll be voting in the
3 negative, Mr. President.
4 ACTING PRESIDENT KUHL: Senator
5 Dollinger will be recorded in the negative.
6 Announce the results when
7 tabulated.
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 1276: Senators
10 Abate, Cook, Dollinger, Holland, LaValle,
11 Montgomery, Onorato, Padavan, Smith and
12 Stachowski. Also, Senator Kruger, Senator
13 Lachman, Senator Paterson. Also, Senator
14 Saland. Ayes 45, nays 14.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 Senator Present.
18 SENATOR PRESENT: Mr. President,
19 could we return to reports of standing
20 committees. I believe there's a report of the
21 Finance Committee at the desk.
22 ACTING PRESIDENT KUHL: We will
23 return to the reports of standing committees.
6714
1 There is a Senate Finance Committee report at
2 the desk.
3 The Secretary will read.
4 THE SECRETARY: Senator Stafford,
5 from the Committee on Finance, offers up the
6 following bill directly for third reading:
7 Senate Print 7686, by the
8 Committee on Rules, an act making appropriations
9 for the support of government.
10 ACTING PRESIDENT KUHL: Senator
11 Present.
12 SENATOR PRESENT: I move we
13 accept the report of the Finance Committee.
14 ACTING PRESIDENT KUHL: The
15 motion is to accept the report of the Finance
16 Committee. All those in favor signify by saying
17 aye.
18 (Response of "Aye".)
19 Opposed, nay.
20 (There was no response.)
21 The Finance Committee report is
22 accepted. The bill is ordered directly to third
23 reading.
6715
1 Senator Present.
2 SENATOR PRESENT: Mr. President,
3 could we take up that bill.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the title.
6 THE SECRETARY: Calendar Number
7 1311, by the Committee on Rules, Senate Print
8 7686, an act to make appropriations for the
9 support of government.
10 ACTING PRESIDENT KUHL: Senator
11 Present.
12 SENATOR PRESENT: Mr. President,
13 is there a message of necessity at the desk?
14 ACTING PRESIDENT KUHL: There is
15 a message of necessity and appropriation at the
16 desk, Senator Present.
17 SENATOR PRESENT: I move that we
18 accept both messages.
19 ACTING PRESIDENT KUHL: The
20 motion is to accept both messages of necessity
21 and appropriation which are at the desk. All
22 those in favor signify by saying aye.
23 (Response of "Aye".)
6716
1 Opposed, nay.
2 (There was no response.)
3 The messages are accepted.
4 The Secretary will read the last
5 section.
6 ACTING PRESIDENT KUHL: Section
7 8. This act shall take effect April 1st.
8 SENATOR DOLLINGER: May I ask a
9 question?
10 ACTING PRESIDENT KUHL: Senator
11 Dollinger, why do you rise?
12 SENATOR DOLLINGER: Just for an
13 explanation of one portion of this bill. The
14 provider assessment, I don't know who's -
15 ACTING PRESIDENT KUHL: Hold on,
16 Senator Dollinger.
17 Senator -- Senator Stafford, an
18 explanation -- or I question, I should say, has
19 been asked -- or wants to be asked by Senator
20 Dollinger of Calendar Number 1311. Do you yield
21 to Senator Dollinger for a question? The
22 Senator yields.
23 SENATOR STAFFORD: By all means.
6717
1 SENATOR DOLLINGER: Mr.
2 President, through you. This includes the
3 Medicaid provider assessment. Is this the first
4 time that this has appeared in a continuing
5 appropriation bill?
6 SENATOR STAFFORD: Well, I -- I
7 would go back and check and make absolutely
8 sure, but from my recollection, yes.
9 SENATOR DOLLINGER: Through you,
10 Mr. President. Is it retroactive to April 1st?
11 SENATOR STAFFORD: Yes.
12 SENATOR DOLLINGER: Okay.
13 Nothing further, Mr. President.
14 SENATOR STAFFORD: Thank you.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 8. This
18 act shall take effect April 1st, 1995.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 59.
23 ACTING PRESIDENT KUHL: The bill
6718
1 is passed.
2 Senator Present.
3 SENATOR PRESENT: Mr. President,
4 can we take up Calendar 1310, please.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the title to Calendar Number
7 1310.
8 THE SECRETARY: Calendar Number
9 1310, by Senator Trunzo, Senate Print 7685, an
10 act authorizing the payment of supplemental
11 retirement allowances provided by Chapter 119 of
12 the Laws of 1995.
13 ACTING PRESIDENT KUHL: Senator
14 Present.
15 SENATOR PRESENT: Mr. President,
16 is there a message of necessity, a message of
17 appropriation at the desk?
18 ACTING PRESIDENT KUHL: There is
19 a message of necessity at the desk, Senator
20 Present.
21 SENATOR PRESENT: No need for
22 appropriation.
23 ACTING PRESIDENT KUHL: That's
6719
1 correct.
2 SENATOR PRESENT: I move we adopt
3 the message.
4 ACTING PRESIDENT KUHL: The
5 motion is to accept the message of necessity
6 which is at the desk on Calendar Number 1310.
7 All those in favor signify by saying aye.
8 (Response of "Aye".)
9 Opposed, nay.
10 (There was no response.)
11 The message is accepted.
12 The Secretary will read the last
13 section.
14 THE SECRETARY: Section 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 59.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 Senator Present.
23 SENATOR PRESENT: Is there any
6720
1 housekeeping at the desk?
2 ACTING PRESIDENT KUHL: There is
3 nothing at the desk that needs to be done right
4 now, Senator Present.
5 SENATOR PRESENT: Mr. President,
6 there being no further business, I move we
7 adjourn until tomorrow at 10:00 a.m.
8 ACTING PRESIDENT KUHL: Without
9 objection, the Senate stands adjourned until
10 tomorrow, June 6th, at 10:00. I repeat, 10:00
11 a.m.
12 SENATOR BRUNO: Can we just
13 check, Mr. President, some time by 4:00 or 5:00
14 o'clock with the switchboard as to how we
15 proceed, and the potential is that we may not be
16 in session tomorrow. That depends on what is
17 happening with the calendar and the bills that
18 are presently prepared, but our schedule calls
19 for a 10:00 a.m. session tomorrow, according to
20 the schedule that we adopted in January, but
21 check in, if you will, some time by around 4:00
22 o'clock, check in with the switchboard, and they
23 will know whether we will be in at 10:00 a.m.
6721
1 tomorrow or 3:00 p.m. on Monday.
2 ACTING PRESIDENT KUHL: Would it
3 be fair to say that session tomorrow may be
4 adjourned at your call, Senator Bruno, and all
5 the members are to check with the operators by
6 around 4:00 this afternoon?
7 SENATOR BRUNO: Around 4:00
8 o'clock.
9 ACTING PRESIDENT KUHL: Without
10 objection, the Senate stands adjourned.
11 (Whereupon, at 1:55 p.m., the
12 Senate adjourned.)
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