Regular Session - June 14, 1996
8359
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8 ALBANY, NEW YORK
9 June 14, 1996
10 10:02 a.m.
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13 REGULAR SESSION
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17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEPHEN F. SLOAN, Secretary
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8360
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Would everyone please rise and
5 join me in the Pledge of Allegiance.
6 (Whereupon, the Senate and those
7 present joined in the Pledge of Allegiance to
8 the Flag.)
9 The invocation today will be
10 given by Rabbi Gordon Tucker of Temple Israel
11 Center in White Plains.
12 Rabbi Tucker.
13 RABBI GORDON TUCKER: Thank you.
14 When the first human couple
15 walked through the ancient garden, we are told
16 that they heard the voice of God saying to them,
17 "Look at my wonderful garden. Do not destroy
18 or corrupt it, for if you do, there is none to
19 repair it after you."
20 That is and has always been our
21 mandate as human beings, to tend the garden, to
22 see that it is neither corrupted nor destroyed.
23 God's garden is, in the first instance, our
8361
1 Earth which we dare not allow to be destroyed,
2 but God's garden is also our entire society in
3 which we are called to establish order, law,
4 equity and justice.
5 To pray is, first and foremost,
6 to acknowledge our responsibility to care for
7 the garden, to see that God's rivers, God's
8 trees, God's air, are not sullied but also to
9 ensure that all members of our society down to
10 the most vulnerable are cared for and enabled to
11 reach their fulfillment.
12 We are gifted in this country and
13 this state to have democratically elected
14 leaders who acknowledge this responsibility on
15 our behalf. On this day on which we honor our
16 country's flag and in this august chamber, we
17 ask for you, our representatives in the sacred
18 work of tending, and for us all, may we be
19 endowed with intelligence, wisdom and
20 understanding, may God grant us knowledge and
21 discernment so that we may be called each day to
22 renew the work of creation, and may we earn the
23 merit, through You, to be accounted God's
8362
1 partners in creation.
2 Amen.
3 THE PRESIDENT: Thank you, Rabbi
4 Tucker.
5 The reading of the Journal,
6 please.
7 THE SECRETARY: In Senate,
8 Thursday, June 13. The Senate met pursuant to
9 adjournment. The Journal of Wednesday, June 12,
10 was read and approved. On motion, Senate
11 adjourned.
12 THE PRESIDENT: Without
13 objection, the Journal stands approved as read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Bruno, we have some
23 substitutions here at the desk.
8363
1 SENATOR BRUNO: Please make the
2 substitutions.
3 THE PRESIDENT: The Secretary
4 will read.
5 THE SECRETARY: On page 38,
6 Senator Hoffmann moves to discharge from the
7 Committee on Rules, Assembly Bill Number 9556A,
8 and substitute it for the identical Senate Bill
9 6672A.
10 On page 41, Senator Bruno moves
11 to discharge from the Committee on Rules
12 Assembly Bill 10469 and substitute it for the
13 identical Senate Bill 7740.
14 THE PRESIDENT: Substitutions
15 ordered.
16 Senator DiCarlo? No.
17 Senator Bruno.
18 SENATOR BRUNO: Madam President,
19 I believe that there is a resolution at the
20 desk. Can we at this time read the title, by
21 Senator Larkin, and move for its immediate
22 adoption?
23 THE PRESIDENT: The Secretary
8364
1 will read.
2 THE SECRETARY: By Senator
3 Larkin, Legislative Resolution, commending
4 Dermal Brown of Marlboro High School upon the
5 occasion of his selection as the 14th pick
6 overall in the major league amateur free agent
7 baseball draft.
8 THE PRESIDENT: The question is
9 on the resolution.
10 All in favor, please signify by
11 saying aye.
12 (Response of "Aye.")
13 Opposed, nay.
14 (There was no response.)
15 The resolution is adopted.
16 Senator Bruno, are you ready for
17 the calendar?
18 SENATOR BRUNO: Madam President,
19 on this last day of the regular session, I would
20 like to, in an orderly way, take up the
21 noncontroversial calendar.
22 THE PRESIDENT: The Secretary
23 will read.
8365
1 THE SECRETARY: Calendar Number
2 22, by Senator LaValle, Senate Print 3292B, an
3 act to amend the Education Law, in relation to
4 procedures for standardized testing.
5 THE PRESIDENT: Read the last
6 section, please.
7 THE SECRETARY: Section 7. This
8 act shall take effect in 30 days.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 34.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 258, by Senator Saland, Senate Print 2457B, an
16 act to amend the Family Court Act and the
17 Executive Law.
18 THE PRESIDENT: Lay it aside,
19 please.
20 THE SECRETARY: Calendar Number
21 317, by Senator Farley, Senate Print 1378A, an
22 act to amend the Penal Law, in relation to
23 restitution.
8366
1 THE PRESIDENT: Read the last
2 section, please.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first day of
5 November.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 34.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 329, by Senator LaValle, Senate Print 4293D, an
13 act to amend the Civil Rights Law.
14 THE PRESIDENT: Read the last
15 section, please.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 90th day.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 34.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
8367
1 343, by Senator Leibell, Senate Print 6004B, an
2 act to amend the Insurance Law.
3 THE PRESIDENT: Lay it aside,
4 please.
5 THE SECRETARY: Calendar Number
6 482, by Senator Farley, Senate Print 2083B, an
7 act to amend the State Finance Law, in relation
8 to eligible expenditures.
9 THE PRESIDENT: Read the last
10 section, please.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 34.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 490, by Senator Leibell, Senate Print 6134A, an
20 act to amend the Public Authorities Law.
21 THE PRESIDENT: Lay it aside,
22 please.
23 THE SECRETARY: Calendar Number
8368
1 568, by Senator Spano, Senate Print 6146, an act
2 to amend the Vehicle and Traffic Law, in
3 relation to authorizing a residential parking
4 system.
5 THE PRESIDENT: Read the last
6 section, please.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 34.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 529, by Senator Holland, Senate Print 5536C, an
16 act to amend the Real Property Tax Law.
17 THE PRESIDENT: Lay it aside,
18 please.
19 THE SECRETARY: Calendar Number
20 623, by Senator Saland, Senate Print 6028A, an
21 act to amend the Criminal Procedure Law, in
22 relation to mandatory arrests.
23 THE PRESIDENT: Lay it aside,
8369
1 please.
2 THE SECRETARY: Calendar Number
3 643, by Senator Holland, Senate Print 6313A, an
4 act to amend the Social Services Law, in
5 relation to excluded resources for Medicaid.
6 THE PRESIDENT: Lay it aside,
7 please.
8 THE SECRETARY: Calendar Number
9 718, by Senator Libous, Senate Print 6899A, an
10 act to amend the Mental Hygiene Law and the
11 Education Law.
12 THE PRESIDENT: Lay it aside,
13 please.
14 THE SECRETARY: Calendar Number
15 721, by Senator Kuhl, Senate Print 3981A, an act
16 to amend the Agriculture and Markets Law.
17 THE PRESIDENT: Lay it aside,
18 please.
19 THE SECRETARY: Calendar Number
20 749, by Senator DiCarlo, Senate Print 6107A, an
21 act to amend the Executive Law, in relation to
22 display of the flag.
23 THE PRESIDENT: Read the last
8370
1 section, please.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 39.
7 THE PRESIDENT: The bill is
8 passed.
9 SENATOR LEICHTER: Madam
10 President.
11 THE PRESIDENT: Senator.
12 SENATOR LEICHTER: Yes, Madam
13 President. I laid Senator Holland's bill,
14 Calendar 643, aside by mistake. If you want to
15 call that bill, I have no objection to it.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: Calendar Number
19 643, by Senator Holland, Senate Print 6313A, an
20 act to amend the Social Services Law, in
21 relation to excluded resources for Medicaid.
22 THE PRESIDENT: Read the last
23 section, please.
8371
1 THE SECRETARY: Section 4. This
2 act shall take effect January 1.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 39.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 831, by Senator Goodman, Senate Print 6344A, an
10 act to amend the Vehicle and Traffic Law.
11 THE PRESIDENT: Lay it aside,
12 please.
13 THE SECRETARY: Calendar Number
14 840, by Senator Levy, Senate Print 7215A, an act
15 to amend the Public Authorities Law, in relation
16 to adding a nonvoting member to the membership
17 of the Triborough Bridge.
18 THE PRESIDENT: Lay it aside,
19 please.
20 THE SECRETARY: Calendar Number
21 849, by Senator Levy, Senate Print 7363A, an act
22 to amend the Public Authorities Law.
23 THE PRESIDENT: Lay it aside.
8372
1 THE SECRETARY: Calendar Number
2 939, by Senator Rath, Senate Print 7153B, an act
3 to amend the County Law.
4 THE PRESIDENT: Lay it aside.
5 THE SECRETARY: Calendar Number
6 1057, by Senator Lack, Senate Print 4995B, an
7 act to amend the Surrogate's Court Procedure
8 Act, in relation to increasing the limits of a
9 small estate.
10 THE PRESIDENT: Lay it aside,
11 please.
12 THE SECRETARY: Calendar Number
13 1062, by Senator Skelos, Senate Print 6561A, an
14 act to amend the Tax Law, in relation to the
15 transfer of the stock of a cooperative housing
16 corporation.
17 THE PRESIDENT: Read the last
18 section, please.
19 THE SECRETARY: Section 5. This
20 act shall take effect January 1.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 39.
8373
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1069, by Senator Maziarz, Senate Print 7432A, an
5 act to amend the Executive Law and the
6 Environmental Conservation Law.
7 THE PRESIDENT: Read the last
8 section, please.
9 THE SECRETARY: Section 3. This
10 act shall take effect January 1.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 42.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1161, by Senator Hoblock, Senate Print 7083B, an
18 act to amend the Vehicle and Traffic Law.
19 THE PRESIDENT: Lay it aside,
20 please.
21 THE SECRETARY: Calendar Number
22 1180, by Senator Larkin, Senate Print 5786A, an
23 act to amend the Not-For-Profit Corporation Law.
8374
1 THE PRESIDENT: Lay it aside,
2 please.
3 THE SECRETARY: Calendar Number
4 1379, by Senator Spano, Senate Print 6575A, an
5 act to amend the Labor Law and the Tax Law.
6 THE PRESIDENT: Lay it aside,
7 please.
8 THE SECRETARY: Calendar Number
9 1483, by Senator Hoblock, Senate Print 5747A, an
10 act to amend the Education Law, in relation to
11 property of the State Museum.
12 THE PRESIDENT: Read the last
13 section, please.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 60th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 42.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1496, by Senator Hannon, Senate Print 7580, an
23 act to amend the Emergency Tenant Protection Act
8375
1 of 1974.
2 SENATOR PATERSON: Lay it aside.
3 THE PRESIDENT: Lay it aside,
4 please.
5 THE SECRETARY: Calendar Number
6 1498, by Senator Kuhl, Senate Print 7591A, an
7 act in relation to authorizing the city of
8 Canandaigua, county of Ontario to exchange and
9 convey certain parklands.
10 THE PRESIDENT: There is a home
11 rule message at the desk.
12 THE PRESIDENT: Read the last
13 section, please.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 43.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1503, by Senator Nanula, Senate Print 6579B, an
23 act granting certain retirement service credit.
8376
1 THE PRESIDENT: Read the last
2 section, please.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 44.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1520, by Senator LaValle, Senate Print 7709A, an
12 act to amend the Local Finance Law, in relation
13 to the issuance of land installment purchases.
14 THE PRESIDENT: Read the last
15 section, please.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 44.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
8377
1 1527, by Senator Stachowski, Senate Print 1672A,
2 an act directing the Commissioner of the
3 Division of Criminal Justice.
4 THE PRESIDENT: Read the last
5 section, please.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 44.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1532, by Senator Skelos, Senate Print 4842A, an
15 act to amend the Civil Practice Law and Rules,
16 in relation to objections to service of process.
17 THE PRESIDENT: Read the last
18 section, please.
19 THE SECRETARY: Section 3. This
20 act shall take effect January 1.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 44.
8378
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1533, by Senator Tully, Senate Print 4908A, an
5 act to authorize the county of Nassau.
6 THE PRESIDENT: Lay it aside.
7 THE SECRETARY: Calendar Number
8 1543, by Senator Hoblock, Senate Print 7726, an
9 act to amend Chapter 30 of the Laws of 1996.
10 THE PRESIDENT: Read the last
11 section, please.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 44.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1544, by Senator Hoblock, Senate Print 7738, an
21 act to amend the Civil Service Law, in relation
22 to disciplinary action against a member.
23 THE PRESIDENT: Read the last
8379
1 section, please.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 SENATOR LEICHTER: Lay it aside.
5 THE PRESIDENT: Lay it aside,
6 please.
7 THE SECRETARY: Calendar Number
8 1550, by Senator Skelos, Senate Print 6034B, an
9 act to amend the Navigation Law.
10 THE PRESIDENT: Read the last
11 section, please.
12 THE SECRETARY: Section 6. This
13 act shall take effect on the 30th day.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 42, nays 2.
17 Senators Kuhl and Wright recorded in the
18 negative.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1551, by Senator DeFrancisco, Senate Print
23 6053A, an act to amend the Public Health Law, in
8380
1 relation to establishing an adoption medical
2 information sub-registry.
3 THE PRESIDENT: Read the last
4 section, please.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the 120th day.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 44.
10 THE PRESIDENT: The bill is
11 passed.
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: I would
14 like to explain my vote.
15 Basically, what this bill does -
16 and I think it's important for everybody in the
17 chamber to realize this because the public
18 information is extremely important to make this
19 work. Basically, if you're an adoptee
20 presently, there's virtually no way that you can
21 have updated medical information about your
22 natural parent. What this bill does is it
23 provides a process by which an adoptee can
8381
1 obtain information from the registry that's
2 currently in existence as to the medical history
3 of the natural parent since the time of the
4 adoption.
5 Many times, the person -- the
6 natural parent is a young woman with very little
7 medical history, so the initial medical history
8 might not make any sense or it might not have
9 any valuable information. However, over time,
10 more information is gathered and a natural
11 parent through this bill once it becomes law can
12 voluntarily provide that information to the
13 adoption registry and still maintain that
14 person's confidential information, can still
15 maintain the anonymity, and not disclose who the
16 natural parent is.
17 So it's an extremely important
18 bill that will only succeed if everyone becomes
19 aware of it being in existence because it
20 depends upon the voluntary provision of
21 information to the registry by natural parents
22 so that adoptive children or adopted adults can
23 obtain that information as it becomes known in
8382
1 later years about the natural parent.
2 This bill has a co-sponsor in the
3 Assembly, Assemblywoman Weinstein, and we expect
4 it to pass there and, hopefully, it will become
5 law, and once we get the word out, it will be
6 extremely important to those people who don't
7 know their medical history, don't know what's
8 happened to their natural parents since the date
9 of the adoption, and this will provide valuable
10 information that will give them information to
11 plan whatever medical support that they may need
12 in future years.
13 THE PRESIDENT: Thank you,
14 Senator DeFrancisco.
15 The bill is passed.
16 THE SECRETARY: Calendar number
17 1556, by Senator Hannon, Senate Print 6491A, an
18 act to amend the Criminal Procedure Law.
19 SENATOR STACHOWSKI: Lay it
20 aside.
21 THE PRESIDENT: Lay it aside,
22 please.
23 THE SECRETARY: Calendar Number
8383
1 1562, by Senator Skelos, Senate Print 7195A, an
2 act to amend the Private Housing Finance Law, in
3 relation to allowing limited liability
4 companies.
5 THE PRESIDENT: Read the last
6 section, please.
7 THE SECRETARY: Section 9. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 45.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1563, by Senator Saland, Senate Print 7247A, an
16 act in relation to authorizing a special
17 district payment to the town of Poughkeepsie.
18 THE PRESIDENT: There is a local
19 fiscal impact memorandum right here.
20 Read the last section, please.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
8384
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 45.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1566, by Senator Maltese, Senate Print 7507A, an
7 act to amend the Election Law.
8 THE PRESIDENT: Lay it aside,
9 please.
10 THE SECRETARY: Calendar Number
11 1569, by Senator Onorato, Senate Print 7797, an
12 act to amend the Civil Practice Law and Rules,
13 in relation to fees for referees.
14 THE PRESIDENT: Read the last
15 section, please.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 45.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
8385
1 1571, by Senator Stavisky, Senate Print 2302, an
2 act to amend the Penal Law, in relation to
3 penalties for criminal solicitation.
4 THE PRESIDENT: Read the last
5 section, please.
6 THE SECRETARY: Section 8. This
7 act shall take effect on the first day of
8 November.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 45.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1572, by Senator Hoblock, Senate Print 3867C, an
16 act authorizing the town of Colonie.
17 THE PRESIDENT: Lay it aside,
18 please.
19 THE SECRETARY: Calendar Number
20 1573, by Senator Hannon, Senate Print 6393A, an
21 act to amend the Social Services Law, in
22 relation to limiting the method of payment.
23 SENATOR GOLD: Lay it aside.
8386
1 THE PRESIDENT: Lay it aside,
2 please.
3 THE SECRETARY: On page 38,
4 Senator Hoffmann moves to discharge from the
5 Committee on Rules Assembly Bill Number 9556A
6 and substitute it for identical Senate Bill
7 6672A.
8 THE PRESIDENT: Substitution
9 ordered. Secretary will read.
10 THE SECRETARY: Calendar Number
11 1574, by Member of the Assembly Magee, Assembly
12 Print 9556A, an act to authorize payment of
13 transportation aid.
14 THE PRESIDENT: Read the last
15 section, please.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 45.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
8387
1 1575, by Senator Larkin, Senate Print 7503, an
2 act to amend the Highway Law, in relation to
3 designating a portion of the state highway
4 system.
5 THE PRESIDENT: Read the last
6 section, please.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 45.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1576, by Senator Tully, Senate Print 7558A, an
16 act to authorize the payment of transportation
17 aid.
18 THE PRESIDENT: Read the last
19 section, please.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
8388
1 THE SECRETARY: Ayes 45.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1577, by Senator Wright, Senate Print 7584A, an
6 act to amend the Alcoholic Beverage Control Law.
7 THE PRESIDENT: Lay it aside,
8 please.
9 THE SECRETARY: Calendar Number
10 1578, by Senator Spano, Senate Print 7588, an
11 act to amend the Administrative Code of the City
12 of New York, in relation to the participation of
13 part-time employees.
14 THE PRESIDENT: There is a home
15 rule message at the desk.
16 Read the last section, please.
17 THE SECRETARY: Section 6. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 45.
22 THE PRESIDENT: The bill is
23 passed.
8389
1 THE SECRETARY: Calendar Number
2 1579, by Senator Hannon, Senate Print 7602, an
3 act to amend the Education Law.
4 THE PRESIDENT: Read the last
5 section, please.
6 THE SECRETARY: Section 2. This
7 act shall take effect July 1.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 45.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1580, by Senator Rath, Senate Print 7603A, an
15 act to authorize the trustees of the State
16 University of New York.
17 SENATOR STACHOWSKI: Lay it
18 aside.
19 THE PRESIDENT: Lay it aside,
20 please.
21 THE SECRETARY: Calendar Number
22 1581, by Senator Saland, Senate Print 7647A, an
23 act to amend the Mental Hygiene Law.
8390
1 THE PRESIDENT: Lay it aside,
2 please.
3 THE SECRETARY: Calendar Number
4 1582, by Senator Leibell, Senate Print 7660A, an
5 act to amend Chapter 915 of the Laws of 1982.
6 SENATOR LEICHTER: Lay it aside.
7 THE PRESIDENT: Lay it aside.
8 THE SECRETARY: Calendar Number
9 1583, by Senator Wright, Senate Print 7665, an
10 act to legalize, ratify and confirm the acts and
11 proceedings of the board of education.
12 THE PRESIDENT: Read the last
13 section, please.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 45.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1584, by Senator Wright, Senate Print 7666, an
23 act to reopen the special retirement plan.
8391
1 THE PRESIDENT: There is a home
2 rule message at the desk.
3 Read the last section, please.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 45.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1586, by Senator Trunzo, Senate Print 7676, an
13 act in relation to terms and conditions of
14 employment.
15 THE PRESIDENT: Read the last
16 section, please.
17 THE SECRETARY: Section 8. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 45.
22 THE PRESIDENT: The bill is
23 passed.
8392
1 THE SECRETARY: Calendar Number
2 1587, by Senator Johnson, Senate Print 7716, an
3 act to amend Chapter 161 of the Laws of 1995.
4 THE PRESIDENT: Read the last
5 section, please.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 45.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1588, by Senator Velella, Senate Print 7717, an
15 act to amend the Penal Law, in relation to the
16 theft and criminal possession of air bags.
17 THE PRESIDENT: Read the last
18 section, please.
19 THE SECRETARY: Section 5. This
20 act shall take effect on the first day of
21 November.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
8393
1 THE SECRETARY: Ayes 45.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1589, by Senator Alesi, Senate Print 7736, an
6 act to amend the Insurance Law, in relation to
7 permitting excess line brokers.
8 THE PRESIDENT: Read the last
9 section, please.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 30th day.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 45.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1590, substituted earlier today, by the Assembly
19 Committee on Rules, Assembly Print 10469, an act
20 to amend Chapter 483 of the Laws of 1978.
21 THE PRESIDENT: Read the last
22 section, please.
23 THE SECRETARY: Section 2. This
8394
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 45.
5 THE PRESIDENT: The bill is
6 passed.
7 SENATOR GOODMAN: Madam
8 President.
9 THE PRESIDENT: Senator Goodman.
10 SENATOR GOODMAN: Yes. May I
11 please, with unanimous consent, be recorded in
12 the negative on Calendar 1578, which passed a
13 few moments ago.
14 THE PRESIDENT: Without
15 objection.
16 Senator Levy.
17 SENATOR LEVY: Yes, Madam
18 President. I would like to announce that there
19 will be a meeting of the Senate Transportation
20 Committee at 10:45 in Room 123. It was
21 previously announced but the location and time
22 were not set, so we're setting it for 10:45,
23 Room 123.
8395
1 THE PRESIDENT: Thank you. There
2 will be a meeting of the Senate Transportation
3 Committee in Room 123 at 10:45.
4 Senator Farley.
5 SENATOR FARLEY: Can I be
6 recorded in the negative on Calendar Number
7 1550?
8 THE PRESIDENT: Without
9 objection.
10 THE SECRETARY: Calendar Number
11 1591, by Senator Volker, Senate Print 7765, an
12 act to authorize employees of the Department of
13 Health facilities.
14 ACTING PRESIDENT KUHL: Read the
15 last section, please.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 Record the negatives. Announce
22 the results when tabulated.
23 THE SECRETARY: Ayes 45.
8396
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1592, by Senator Sears, Senate Print 7771, an
5 act to legalize, validate and ratify.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 SENATOR DiCARLO: Mr. President.
9 ACTING PRESIDENT KUHL: Senator
10 DiCarlo, why do you rise?
11 SENATOR DiCARLO: Mr. President,
12 I request unanimous consent to be recorded in
13 the negative on Calendar Number 1550, please.
14 ACTING PRESIDENT KUHL: Without
15 objection, hearing no objection, Senator DiCarlo
16 will be recorded in the negative on Calendar
17 Number 1550.
18 THE SECRETARY: Calendar Number
19 1593, by the Committee on Rules, Senate Print
20 7772, an act to amend Chapter 30 of the Laws of
21 1996.
22 ACTING PRESIDENT KUHL: Secretary
23 will read the last section.
8397
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 45.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1594, by the Committee on Rules, Senate Print
11 7783, an act to amend the Racing, Pari-Mutuel
12 Wagering and Breeding Law.
13 SENATOR STACHOWSKI: Lay it
14 aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 1595, by the Committee on Rules, Senate Print
19 7791, an act to amend Chapter 831 of the Laws of
20 1981.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 2. This
8398
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 46.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1596, by the Committee on Rules, Senate Print
10 7801, an act to amend the Labor Law, in relation
11 to the garment industry.
12 SENATOR BRUNO: Lay it aside for
13 the day.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside for the day.
16 THE SECRETARY: Calendar Number
17 1597, by the Committee on Rules, Senate Print
18 7802, an act to amend the Administrative Code of
19 the city of New York.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8399
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 46.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1598, by the Committee on Rules, Senate Print
9 7803, an act to amend the Administrative Code of
10 the city of New York, in relation to the powers,
11 duties and responsibilities of the board of
12 trustees.
13 ACTING PRESIDENT KUHL: There is
14 a home rule message at the desk.
15 Secretary will read the last
16 section.
17 THE SECRETARY: Section 9. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 47.
23 ACTING PRESIDENT KUHL: The bill
8400
1 is passed.
2 THE SECRETARY: Calendar Number
3 1599, by Senator Seward, Senate Print 7826, an
4 act to amend the Public Service Law.
5 ACTING PRESIDENT KUHL: The bill
6 is high. Lay the bill aside.
7 THE SECRETARY: Calendar Number
8 1600, by Senator Seward, Senate Print 7827, an
9 act to amend the Public Service Law.
10 ACTING PRESIDENT KUHL: The bill
11 is high. Lay the bill aside.
12 Senator Bruno, that completes the
13 reading of the noncontroversial calendar.
14 What's your pleasure?
15 SENATOR MARKOWITZ: Mr.
16 President, if I may.
17 ACTING PRESIDENT KUHL: Senator
18 Markowitz, why do you rise?
19 SENATOR MARKOWITZ: With the
20 permission of the Senate, I would like to be
21 recorded in the negative on yesterday's Calendar
22 Numbers 1000, 1479 and 1538, and to thank my
23 colleague, Senator Paterson, for offering some
8401
1 comments on my behalf on Calendar 1479
2 yesterday.
3 Thank you.
4 ACTING PRESIDENT KUHL: Senator
5 Markowitz, the record will reflect that had you
6 been here yesterday when the roll calls were
7 taken on Calendar Number 1479 and also on
8 Calendar Number 1538 that you would have voted
9 in the negative, and also Calendar Number 1000.
10 SENATOR MARKOWITZ: Thank you.
11 ACTING PRESIDENT KUHL: Senator
12 Maziarz, why do you rise?
13 SENATOR MAZIARZ: Thank you, Mr.
14 President. I would like unanimous consent to be
15 recorded in the negative on Calendar Number
16 1550, please.
17 ACTING PRESIDENT KUHL: Without
18 objection, hearing no objection, Senator Maziarz
19 will be recorded in the negative on Calendar
20 Number 1550.
21 Senator Libous, why do you rise?
22 SENATOR LIBOUS: Thank you, Mr.
23 President. If I may have unanimous
8402
1 consideration to be recorded in the negative on
2 1566.
3 ACTING PRESIDENT KUHL: Without
4 objection, and hearing no objection, Senator
5 Libous will be recorded in the negative on
6 Calendar Number 1566.
7 Senator Seward, why do you rise?
8 SENATOR SEWARD: I would ask
9 unanimous consent to be recorded in the
10 negative -
11 ACTING PRESIDENT KUHL: May we
12 have a little order in the house, please.
13 SENATOR SEWARD: Mr. President.
14 ACTING PRESIDENT KUHL: Senator
15 Seward, thank you for the interruption.
16 SENATOR SEWARD: Yes, Mr.
17 President. I, too, would like to ask for
18 unanimous consent to be recorded in the negative
19 on Calendar 1550.
20 ACTING PRESIDENT KUHL: Without
21 objection, and hearing no objection, Senator
22 Seward will be recorded in the negative on
23 Calendar Number 1550.
8403
1 Senator Libous, for your
2 information, the bill that you want to be
3 recorded in the negative, the bill was laid
4 aside. It was not acted upon by the house. I
5 thought you would want to know that.
6 SENATOR LIBOUS: Thank you, Mr.
7 President. I just want to be prepared, sir.
8 ACTING PRESIDENT KUHL: It's
9 always good to be prepared.
10 Senator Nozzolio, why do you
11 rise?
12 SENATOR NOZZOLIO: Mr. President,
13 I ask unanimous consent to be recorded in the
14 negative on Calendar Number 1550.
15 ACTING PRESIDENT KUHL: Without
16 objection, and hearing no objection, Senator
17 Nozzolio will be recorded in the negative on
18 Calendar Number 1550.
19 Senator Seabrook, why do you
20 rise?
21 SENATOR SEABROOK: Yes, Mr.
22 President. Yesterday, I was out of the chamber
23 when there was a vote on Senate Bill 1000 and
8404
1 Senate Bill 1479 and Senate Bill 1538 and, for
2 the record, had I been present, I would have
3 voted in the negative on those three bills.
4 ACTING PRESIDENT KUHL: Senator
5 Seabrook, the record will reflect that had you
6 been in the chamber yesterday when the votes
7 were taken on Calendar Numbers 1000, 1479 and
8 1538, that you would have voted in the negative.
9 SENATOR STAFFORD: Mr. President.
10 ACTING PRESIDENT KUHL: Yes.
11 Yes, Senator Stafford.
12 SENATOR STAFFORD: May we please
13 have the report from the Finance Committee
14 concerning the nominations, please.
15 ACTING PRESIDENT KUHL: There is
16 a report of the Senate Finance Committee at the
17 desk.
18 We will return to the order of
19 reports of standing committees.
20 I will ask the Secretary to read.
21 THE SECRETARY: Senator Stafford,
22 from the Committee on Finance, offers up the
23 following nominations:
8405
1 Member of the Public Service
2 Commission, Thomas J. Dunleavy, of New York
3 City.
4 ACTING PRESIDENT KUHL: Senator
5 Stafford.
6 SENATOR STAFFORD: Mr. President,
7 it's a pleasure for me to rise and move the
8 confirmation of Mr. Thomas J. Dunleavy.
9 Mr. Dunleavy has had a
10 distinguished career. As a very young man, he
11 entered the military at 17, went to Korea, saw
12 combat, then went on to Fordham, and then from
13 there had a distinguished and successful career
14 in the communications industry.
15 We think he will bring the
16 energy, the ability, the concern. He appeared
17 before us in the Senate Finance Committee
18 today. There were discussions in depth
19 concerning issues. He showed that he does have
20 a concern. I think he will be an excellent
21 member of the Public Service Commission.
22 Times are changing, and I'm sure
23 that I should have asked -- before I said
8406
1 anything, should have asked the Senator who is
2 Chairman of Energy to comment on this, and I
3 know he will, and I will join with him in
4 supporting the nominee.
5 Senator Seward.
6 ACTING PRESIDENT KUHL: Chair
7 recognizes Senator Seward.
8 SENATOR SEWARD: Yes, Mr.
9 President. Thank you, Senator Stafford.
10 Mr. Dunleavy's nomination comes
11 before us at a time that is of great change, as
12 Senator Stafford alluded to. Only a few weeks
13 ago, the Public Service Commission issued its
14 order on competition, competitive
15 opportunities. It's an order that's going to
16 change the face of the electric utility industry
17 in the state of New York; and earlier this year,
18 the federal government passed a major
19 telecommunications act which once again will
20 serve to create great change in the
21 telecommunication area for us as well.
22 As a member of the Public Service
23 Commission here in New York, with a term to
8407
1 expire in the year 2001, Mr. Dunleavy is going
2 to be right in the middle of all of this and
3 will be playing a major role in formulating of
4 new policies for the very rapidly changing times
5 that we face in both the energy and the
6 telecommunication industry.
7 Mr. Dunleavy has had a wide
8 breadth of experience and has a good working
9 knowledge of these issues that are facing the
10 Public Service Commission. His background is
11 both in the private sector, heading up a number
12 of telecommunications-related companies, but
13 also he has experience in the public sector with
14 the city of New York.
15 His background is particularly
16 geared toward telecommunications, but I believe
17 that that background will serve him well as a
18 model as we move toward more competition in not
19 only the local telephone service but also in the
20 electric utility industry as well. He appeared
21 before our Energy and Telecommunications
22 Committee. We had an excellent discussion. I
23 believe him to be a very well qualified, very
8408
1 sound nominee, very intelligent man, good sense
2 of humor, tremendous integrity, all of the
3 qualities that will serve him well and the
4 people of the state of New York will be well
5 served with Mr. Dunleavy on the Public Service
6 Commission.
7 I'm pleased to join in moving his
8 nomination today.
9 ACTING PRESIDENT KUHL: The Chair
10 recognizes Senator Tully on the nomination.
11 SENATOR TULLY: Thank you, Mr.
12 President.
13 The nominee is not a constituent
14 of mine, but the commission on which he is going
15 to serve is very significant to the residents of
16 my community. Skyrocketing cost of energy is
17 severely impacting those residents and many of
18 them are seeking other climes and we would like
19 to keep them, and I think the background,
20 training and experience of this particular
21 nominee makes him eminently qualified to serve
22 on the Public Service Commission.
23 I look forward to great things
8409
1 from him. I hope he keeps his sense of humor,
2 and I know that we will be well served, and I'm
3 pleased to second his nomination.
4 ACTING PRESIDENT KUHL: Is there
5 any other Senator wishing to speak on the
6 nomination?
7 SENATOR GOLD: Mr. President.
8 ACTING PRESIDENT KUHL: Senator
9 Gold, on the nomination.
10 SENATOR GOLD: Yes, Mr.
11 President. I want to add a few short words.
12 Mr. Dunleavy really does have a
13 fine background. What impressed me more, to
14 tell you the truth, than his background was his
15 openness and his very apparent willingness to
16 want to learn, to want to participate and, I
17 believe, to want to do the right thing.
18 And I won't kid you. One of the
19 main factors in my vote is his lifelong
20 membership as a Friendly Sons of St. Patrick. I
21 think that is important. But he really is an
22 individual who has earned this appointment, and
23 we look to him for fine things.
8410
1 ACTING PRESIDENT KUHL: Is there
2 any other Senator wishing to speak on the
3 nomination?
4 (There was no response.)
5 Hearing none, the question is on
6 the nomination of Thomas J. Dunleavy of New York
7 City to become a member of the Public Service
8 Commission.
9 All those in favor of the
10 nomination, signify by saying aye.
11 (Response of "Aye.")
12 All those opposed, nay.
13 (There was no response.)
14 The nominee is unanimously
15 confirmed.
16 We're very happy to have Thomas
17 J. Dunleavy with us in the chamber.
18 Mr. Dunleavy, congratulations.
19 (Applause)
20 Secretary will read.
21 THE SECRETARY: Major General,
22 New York Air National Guard, John Hutchins
23 Fenimore V, of Cold Spring.
8411
1 ACTING PRESIDENT KUHL: Chair
2 recognizes Senator Stafford.
3 SENATOR STAFFORD: Mr.
4 President. We today have five very fine
5 nominees before us. It's a pleasure to move
6 General Fenimore's nomination. He, too, has a
7 distinguished career. We are sure that he will
8 continue the fine work that he has done in the
9 military.
10 He has an excellent background,
11 excellent education, a Union College graduate.
12 I can only compliment the Governor, as we have
13 on the previous nomination, and I think we're
14 very, very fortunate to have the General serving
15 our state.
16 ACTING PRESIDENT KUHL: Is there
17 any other Senator wishing to speak on the
18 nomination?
19 Senator Goodman, could you please
20 take your seat, sir. Senator Hoblock is wishing
21 to address the chamber behind you. I could not
22 see him with you standing up.
23 Chair recognizes Senator Hoblock
8412
1 on the nomination.
2 SENATOR HOBLOCK: Thank you, Mr.
3 President.
4 It gives me great pleasure to
5 join with Senator Stafford in moving the
6 nomination for promotion to Major General the
7 name of John Fenimore, who is currently the
8 Adjutant General for New York and is also the
9 Commander of the New York Air National Guard.
10 I have had the opportunity and
11 privilege of working with General Fenimore in my
12 position as Chairman of Veterans and Military
13 Affairs and found him to be not only highly
14 professional and qualified but just a very nice
15 individual, and I think we have made some
16 substantial progress in the short time that we
17 have been able to work together.
18 Without going into detail on his
19 background, I would like to defer to Senator
20 Leibell, which General Fenimore is a
21 constituent, for further word on the nomination.
22 ACTING PRESIDENT KUHL: The Chair
23 recognizes Senator Leibell on the nomination.
8413
1 SENATOR LEIBELL: Thank you, Mr.
2 President.
3 Once again, I'm in a position of
4 complimenting our Governor, George Pataki, for
5 forwarding to this chamber for consideration the
6 nomination of a man who I know is, without
7 question, greatly qualified for the position we
8 are discussing today.
9 I have had the opportunity over
10 some time now to know General Fenimore. He is a
11 man of great competence and great character. We
12 are today considering his appointment for Major
13 General, New York Air National Guard. I think
14 that any of us who look at a position like this
15 would want to say if it was either ourselves or
16 one of our sons or daughters, who would we wish
17 them to be commanded by? And I can tell you
18 without hesitation that I can say clearly that
19 General Fenimore is the sort of person that all
20 of us could feel comfortable with commanding any
21 of our sons and daughters from New York State.
22 He has had a long and
23 distinguished career. A graduate of Union
8414
1 College, he has served long with the Air Force
2 and the Air National Guard. He has served in
3 combat in Vietnam. He has numerous decorations
4 from the Legion of Merit, Meritorious Service
5 Medal, Air Medal, Air Force Commendation Medal,
6 Vietnam Service Medal, Republic of Vietnam
7 Campaign Medal.
8 On May 15, 1991, he was promoted
9 to the rank of Brigadier General. As I noted
10 earlier, I have had the opportunity over some
11 period of time now to meet with General Fenimore
12 and to work with him and to discuss issues that
13 are of concern to this state and especially with
14 respect to our military reserve forces.
15 I am most pleased and greatly
16 honored to have the opportunity to move today
17 the nomination of General Fenimore for the
18 position of Major General.
19 ACTING PRESIDENT KUHL: The Chair
20 recognizes Senator Larkin on the nomination.
21 SENATOR LARKIN: Thank you, Mr.
22 President.
23 I rise to second the nomination
8415
1 of General Fenimore to the rank of Major
2 General. Anyone recognizing the career of
3 General Fenimore truly recognizes that we are
4 nominating someone here today who has gone up
5 the ladder at tremendous -- amount of
6 responsibility varied in combat, noncombat
7 roles, and his commitment to the Guard -- when
8 you talk to the men in the Air Guard, the Army
9 or the Navy who are under his command, they will
10 tell you very clearly that he is an individual
11 truly committed to them as individuals and to
12 see that we in the State of New York have the
13 finest Guard there is.
14 General Fenimore is known as a
15 trooper's trooper and, quite frequently, we find
16 that lacking in individuals who rise to this
17 rank who forget -
18 Thank you, Mr. President.
19 When you start to think about an
20 individual with this responsibility and you find
21 out where the Guard has been going under his
22 leadership -- we have been recognized as a Guard
23 that is trained, available. The actions of this
8416
1 Guard in all of the missions of late -- Somalia,
2 now of Bosnia -- and other humanitarian efforts
3 under his leadership, has gained him the
4 reputation of a truly outstanding commander.
5 I think it serves us well in this
6 state to have an individual of General
7 Fenimore's competence, quality, dignity and
8 leadership to be Major General, AG state of New
9 York.
10 ACTING PRESIDENT KUHL: Is there
11 any other Senator wishing to speak on the
12 nomination?
13 (There was no response.)
14 Hearing none, the question is on
15 the nomination of John Hutchins Fenimore V, of
16 Cold Spring, to become Major General of the New
17 York Air National Guard.
18 All those in favor of the
19 nomination, signify by saying aye.
20 (Response of "Aye.")
21 Opposed, nay.
22 (There was no response.)
23 The nominee is unanimously
8417
1 confirmed.
2 We're very happy to have General
3 Fenimore in the chamber with us today.
4 General, welcome and
5 congratulations.
6 (Applause)
7 The Secretary will read.
8 THE SECRETARY: Major General,
9 New York Army National Guard, Robert R. Rose of
10 Brooklyn.
11 ACTING PRESIDENT KUHL: Chair
12 recognizes Senator Stafford.
13 SENATOR STAFFORD: Thank you, Mr.
14 President.
15 Again, as I've mentioned, joining
16 the five nominees this morning is General Rose.
17 I just want to emphasize this. For those of us
18 who have served in the military, many of us have
19 not worn stars. In fact, most of us have not,
20 and I would just say that if you have served as
21 some of us have, you understand just how much it
22 means. We constantly would tell General King
23 that over in the Assembly when he was serving,
8418
1 and he didn't seem to understand. So I'm sure
2 you people do.
3 But on a serious note, again, for
4 the promotion serving the Army National Guard -
5 I might add, a great Guard in this nation.
6 General Rose has an excellent background,
7 excellent education, extremely successful in
8 business and, of course, he's carrying that over
9 into the military, into the Guard, and we're
10 very fortunate to have him serving our state.
11 ACTING PRESIDENT KUHL: Senator
12 Marchi.
13 SENATOR MARCHI: Mr. President,
14 these are very significant nominations that have
15 reached us, both with respect to General
16 Fenimore and General Rose. General Rose lives
17 right across the Narrows from me. I can see his
18 house from my house, although he may not be
19 aware of it.
20 But in any event, he does have a
21 brilliant military record. His capability has
22 been proven time and again, and it's very
23 reassuring, Mr. President, to have someone of
8419
1 his caliber serving the Air Guard.
2 I did spend a small amount of
3 time, not as long as I would have liked, with
4 the Air Guard in duties ranging from serving the
5 DEW line when it was a very important component
6 of our intelligence system to other myriad
7 tasks, the breadth of which really defies the
8 imagination and the knowledge of most people.
9 The Guard does play an integral
10 role in the defense of the United States because
11 it's part of the Total Force Theory, unless that
12 has all been changed. I don't think so. This
13 means that if there is an incident or a
14 requirement -- an urgent requirement that can be
15 benefited by their presence in Bosnia, in the
16 Middle East, in the Far East, anywhere in the
17 world where American interests and world
18 stability is at stake, the Guard does play an
19 integral role, as part of that Total Force
20 Theory and capability which enhances -- which
21 enhances and reassures the world that we are
22 well served in this respect.
23 Combined with that, within the
8420
1 state itself, their mission has been expanded
2 over and over again from natural disasters to
3 other circumstances where their presence is
4 very, very critical and necessary.
5 So we -- I believe Senator Larkin
6 made reference to it. We really have a great
7 Guard. It's a model for the entire nation, and
8 our two distinguished generals -- and, General
9 Rose, you are being confirmed now -- is a very,
10 very important brace of nominations that we are
11 processing here this morning. I can't think of
12 anything comparable in the civil sectors that is
13 of greater importance than the roles that they
14 are covering.
15 So I certainly urge unanimous
16 consideration of this nomination and along with
17 the good wishes and pledge of support when they
18 need it in the future.
19 Thank you, Mr. President.
20 ACTING PRESIDENT KUHL: Is there
21 any other Senator wishing to speak on the
22 nomination?
23 Senator DiCarlo.
8421
1 SENATOR DiCARLO: Thank you, Mr.
2 President.
3 I rise in support of the
4 nomination of Bob Rose -- General Rose. General
5 Rose is a constituent of mine and a friend of
6 mine. He is another example of a Brooklyn boy
7 who's made good, and it's usually those from
8 Brooklyn who excel the most, and Bob Rose is one
9 of those individuals.
10 His professional career has been
11 spoken about. His army career has been spoken
12 about, and I just want to rise to tell you about
13 the man, General Bob Rose. He is a pillar in my
14 community, someone who whenever asked to help
15 out in any circumstance has been there for the
16 community and somebody who we all look up to in
17 our Brooklyn community, and I'm very proud today
18 to be able to second your nomination and your
19 promotion to Major General of the New York Army
20 National Guard.
21 ACTING PRESIDENT KUHL: Senator
22 Maltese, on the nomination.
23 SENATOR MALTESE: Mr. President,
8422
1 I want to join my colleagues in seconding this
2 important nomination. The Army National Guard,
3 as Senator Marchi and others have indicated, is
4 very important to the state and the nation. I'm
5 very pleased that General Rose served as an
6 enlisted man prior to attending officer
7 candidate school and then assuming a great deal
8 of very, very critically important command roles
9 in the course of his career. In addition, not
10 to repeat many of the virtues that have already
11 been extolled and commented upon, he at the same
12 time brings a business background to the
13 administration of the National Guard and,
14 certainly, as Senator DiCarlo has indicated, a
15 community awareness and participation that is
16 important in the role of the National Guard with
17 citizen participation.
18 In addition, of course, he is a
19 family man, and I wish to congratulate General
20 Rose and his family and second the nomination.
21 ACTING PRESIDENT KUHL: Is there
22 any other Senator wishing to speak on the
23 nomination?
8423
1 (There was no response.)
2 Hearing none, the question is on
3 the nomination of Robert R. Rose of Brooklyn to
4 become a Major General of the New York Army
5 National Guard.
6 All those in favor of the
7 nomination, signify by saying aye.
8 (Response of "Aye.")
9 Opposed, nay.
10 (There was no response.)
11 The nominee is confirmed.
12 We're very pleased to have
13 General Rose in the chamber with us.
14 General, welcome and
15 congratulations.
16 (Applause)
17 The Secretary will read.
18 THE SECRETARY: Members of the
19 Board of Trustees of the City University of New
20 York: John J. Calandra of Pelham, Robert Price
21 of New York City.
22 ACTING PRESIDENT KUHL: Chair
23 recognizes Senator Stafford on the nomination.
8424
1 SENATOR STAFFORD: I move the
2 confirmation, your Honor -- or Mr. President.
3 SENATOR LEICHTER: Mr. President.
4 ACTING PRESIDENT KUHL: Senator
5 Leichter, on the nomination.
6 SENATOR LEICHTER: Yes. May I be
7 heard on the nomination of John Calandra, but
8 since I will oppose it, maybe somebody wishes to
9 speak for the nomination before.
10 SENATOR STAFFORD: I can only say
11 it's an honor, and I want to do this. I just
12 hope some time -- and I say this with all the
13 sincerity that I can muster. I hope some time
14 that somebody, one of my colleagues, will speak
15 of my son or daughter the way I am going to
16 speak about the son of a former colleague of
17 ours.
18 He graduated from Columbia
19 College in 1988 with a 3.7 average, which is
20 good. That's dean's list, if anybody wants to
21 ask about that. He then graduated number 3 out
22 of 187 graduates of Cornell Law School.
23 As a matter of fact, his average
8425
1 again was 3.7, and that's cum laude, for those
2 -- I'm sure everyone knows that, but that's
3 very impressive, very impressive. He then went
4 to work for Kravath, Swaine and Moore. I don't
5 have to tell you about Kravath, Swaine and
6 Moore, do I? And I don't mean to make light of
7 it.
8 I am sincerely impressed with
9 what he has done, and I don't mean to question
10 anybody who wants to raise a question, but he is
11 now litigating with McDermott, Will and Emery.
12 Age has been mentioned. The only
13 point I would make there is that he is exactly
14 the same age as I was when I used to argue with
15 a colleague of ours about -- a colleague of ours
16 about who was younger and who was the youngest
17 person here. As you can see, we used to have
18 silly discussions then, too.
19 But on a serious note, Mr.
20 President, I think John Calandra is of the age
21 when he can make a contribution together with
22 Bob Price, together with others who serve on the
23 board, as was mentioned earlier today, the
8426
1 trustees.
2 And, by the way, I was quite
3 impressed with the trustees. I had -- I hadn't
4 remembered who really is on that board right
5 now, a number of people we have worked with.
6 He certainly has the ability. He
7 is involved in government. He is involved in
8 the political system. I don't think there's
9 anything wrong with that. If anything, I think
10 that's a strength that he is willing to be
11 involved. If anything, not enough people are
12 coming forth and willing to put their name on
13 the line and be out there on the firing line and
14 be willing to take part.
15 I think John Calandra has been a
16 credit to his family, to his community and,
17 indeed, to himself, and I can only compliment
18 the Governor on appointing or nominating John.
19 I would remind him if he was here that, as I was
20 reminded once, the river never rises higher than
21 its source. For those of you -- I think you
22 know I'm speaking of his late dad.
23 With that, Mr. President.
8427
1 ACTING PRESIDENT KUHL: The Chair
2 recognizes Senator Gold on the nomination.
3 SENATOR GOLD: Thank you, Mr.
4 President.
5 Mr. President, at the Finance
6 Committee, I had the opportunity to hear the
7 remarks of Senator Leichter, which I know he has
8 an opinion and I respect Senator Leichter as
9 much as anybody, and I say in all candor I like
10 to consider myself the head of the Franz
11 Leichter fan club. That doesn't mean that Franz
12 and I always have to agree, and in this case we
13 may not agree.
14 I have had the honor of serving
15 under five governors, and I could not look
16 anybody in this chamber in the eye and tell you
17 that Nelson Rockefeller and Malcolm Wilson and
18 George Pataki are a bunch of politicians and
19 Mario Cuomo and Hugh Carey were statesmen. I
20 mean politics is politics. So, to me, the fact
21 that people want to get involved in government
22 for some political reason doesn't bother me, and
23 the Kennedy family, which is certainly not
8428
1 Republican, is an example of people who went in
2 at a young age.
3 I remember, because I was there
4 in the Assembly, when a fellow named Richard
5 Gottfried, I think, had to leave sometimes to go
6 to classes, because I think he was still in law
7 school when he was elected. So I must tell you
8 I am not impressed with an argument that says
9 that a young person should not be in this
10 position.
11 As a matter of fact, while I'm on
12 the youth kick, I don't want to embarrass people
13 who are not here to defend themselves so I will
14 not mention names, but there certainly was one
15 instance of a chancellor in recent years who
16 brought from one of the colleges some very young
17 people who he had known as students in that
18 college, and when he left as chancellor, he
19 "protected", quotes/unquotes, those
20 individuals, and they hold some pretty
21 responsible jobs at CUNY today and some people
22 think they do a good job, some people are
23 critical, but the point is that nobody was
8429
1 screaming, that I heard, too loudly when these
2 very, very young individuals received major
3 assignments at CUNY.
4 But I don't say that John J.
5 Calandra is qualified just because he is young.
6 I think that this young man is entitled to be
7 judged on his record, and I think his scholastic
8 record is excellent. Having said that, let's
9 look at the philosophies here.
10 I know people on that CUNY board
11 and so do other people in this room, and
12 certainly people of the stature of a Stanley
13 Fink. There is Michael Del Giudice, I think
14 still serves. I think Herman Badillo still
15 serves. These are people who we respect.
16 Interestingly enough, while I'm
17 not suggesting that the ends justify the means,
18 sometimes you wonder how, with all of the right
19 ingredients, the end isn't necessarily so
20 terrific, and I have questions about some of the
21 things that go on at CUNY. I have questions
22 about some of the policies, and I have had the
23 opportunity to have lunch with Stanley Fink and
8430
1 talk to him about some things where we disagree
2 on some policy issues.
3 So I say to all of you, what is
4 wrong with taking a younger person who might
5 have a different point of view and shaking up
6 this pot a little bit? Now, I don't think that
7 John J. Calandra, with his background at
8 Columbia and Cornell, is going to be intimidated
9 by these other people. I don't think he is
10 going to have the slightest difficulty sitting
11 at the table with these other people, and I see
12 some advantages.
13 A point was made that he has some
14 political ambition and if -- I look at his
15 taking this job as an acknowledgment that he's
16 not going to win his election, but if he did win
17 the election, he can resign. But I do not think
18 that there is anything improper about this
19 nomination because the individual has political
20 ambition, and I do think that it is exciting for
21 some of us who knew John Calandra, the Senator,
22 and some of us who knew John Calandra, the
23 Assistant United States Attorney, to see that
8431
1 his son is developing in such a wonderful way
2 that John can look down and be very, very proud.
3 So with the greatest respect -
4 and I do not say that in any way but sincerely
5 -- to my colleague Senator Leichter, I am going
6 to vote for John J. Calandra, and I will do it
7 in a very proud way.
8 ACTING PRESIDENT KUHL: Chair
9 recognizes Senator LaValle on the nomination.
10 SENATOR LAVALLE: Thank you, Mr.
11 President.
12 The nominee went through the
13 Higher Education Committee and the members who
14 were present and voting for the nominee did so
15 enthusiastically and, as you have heard, the
16 nominee demonstrated in just a very, very short
17 time a strong intellect, and you could see an
18 enormous amount of energy and willingness to
19 undertake duties and responsibilities as a
20 trustee.
21 John Calandra, there's no doubt
22 about it, is his own person, and he got into and
23 interested in the City University through issues
8432
1 that arose in the last year or two with the
2 Calandra Institute, and I think John Calandra,
3 Jr. demonstrated, as he has in business, that he
4 can carry over those skills as a litigator into
5 the government arena by working with people to
6 resolve issues.
7 And I think what the Governor has
8 done, what Governor Pataki has done in sending
9 down the nominees -- some that we have not yet
10 brought before this house, have not been
11 interviewed by the Higher Education Committee,
12 but it is a panoply of individuals with varying
13 skills, ages, coming from obviously different
14 parts of the city of New York.
15 And so I think that John
16 Calandra, Jr.'s age is a plus in this instance,
17 as has been mentioned, because he can identify
18 with the problems of the students who are in
19 attendance and they can identify with him as a
20 trustee. I think the nominee will make an
21 excellent trustee and continue to bring honor to
22 the name Calandra and public service in this
23 state.
8433
1 ACTING PRESIDENT KUHL: Senator
2 Leichter.
3 SENATOR LEICHTER: Mr.
4 President.
5 Regretfully, I must disagree with
6 my distinguished colleagues who have spoken in
7 favor of this nomination. Let me say, Senator
8 Gold often agrees with me or I agree with him
9 and it's a healthy thing and it shows democracy
10 at work, individual viewpoints, and that's
11 really what we're all about. We would probably
12 benefit if there was more disagreement among
13 people on the same side of the aisle within this
14 chamber, because I think it's healthy to have
15 this exchange of ideas, and I respect the points
16 that he made and the points that Senator LaValle
17 said and Senator Stafford rightly pointed out,
18 that this is a young man with very fine academic
19 credentials, and it pains me in some respects to
20 get up and to oppose somebody who bears what I
21 think is a very distinguished and proud name.
22 I thought John Calandra was
23 terrific. We disagreed on a lot of things, but
8434
1 I think without in any way denigrating anybody
2 else here, this place was a lot of fun with John
3 Calandra and he provided really good service to
4 the people of the state of New York and
5 certainly to his district, and I think it's
6 wonderful to see that his son is building a
7 career for himself, that he has managed to do so
8 well in college and law school, went to work for
9 one of the most prominent law firms in New York,
10 is now with a law firm where one of the partners
11 is a former partner of mine, and he told me,
12 "This is a terrific guy; he is a fine young
13 associate."
14 But wait a second. What are we
15 choosing him for? It's not a matter of youth,
16 that anything is wrong with youth as such, and I
17 say again, this is an exceptionally able young
18 person, but what are you looking for on the
19 board of the City University of New York or the
20 board of the State University of New York. You
21 are looking for somebody who has some experience
22 and status. It's not a criticism of youth to
23 say that you don't have the experience. That
8435
1 is, of course, inevitable, and in some instances
2 it's wonderful to have people who are young.
3 Senator Stafford was elected to this chamber at
4 a young age. Dick Gottfried was barely in his
5 20s, but the voters chose him, and it made sense
6 to those voters to have somebody with that vigor
7 and enthusiasm.
8 But on the board of trustees of a
9 major educational institution, you look to
10 people who have the status, who have the
11 experience, who have the know-how, who have
12 served in government. And who is on that board
13 of trustees? Stanley Fink, former Speaker of
14 the Assembly; Herman Badillo, Congressman,
15 Borough President, Deputy Mayor; you have Jim
16 Murphy, a distinguished banker, somebody that we
17 all know.
18 The next person we're going do
19 nominate is exactly the sort of person we want,
20 Bob Price, former Deputy Mayor, advisor to
21 governors, presidents, investment banker.
22 That's really what you are looking for.
23 And it's no criticism of John
8436
1 Calandra, Jr. to say he doesn't have that
2 experience. How could he at his age? So it's
3 not a matter of youth. It's a matter of whether
4 he can bring the sort of status to the position
5 which it requires.
6 There's another reason that I
7 think that we can not support this nomination,
8 and that is John Calandra is running for public
9 office at this particular time. That's great.
10 I think we ought to encourage people of his
11 skill and his ability, and whether he is a
12 Republican, a Democrat, that doesn't matter. I
13 think we all want to see able people get into
14 politics, and he is certainly able, but how can
15 you run for public office with all that that
16 demands and at the same time do the justice
17 which your position as a member of the board of
18 trustees requires? You can't.
19 Should he win -- and I assume
20 it's a serious race that he is running. I'm
21 told it's a serious race. The name Calandra in
22 the Bronx, by itself, makes anybody with that
23 name a serious candidate. But if he wins, then
8437
1 he's got to resign. At the very least, I think
2 the Governor would want to wait until November
3 to see whether he's going to win or not. It
4 raises the question, is he being nominated, is
5 he being put on this board of trustees to have a
6 credential as a candidate? I don't think that's
7 the reason that we would want to put somebody on
8 the board of trustees.
9 To my mind, it says something
10 about this Governor and his commitment to the
11 City University of New York. This is an
12 institution that's going through some extremely
13 difficult times, as is the State University of
14 New York. What you want to do is to put on
15 people who can really contribute, build up
16 public support for that institution, deal with
17 the very difficult financial and academic
18 questions that now are being discussed for that
19 university system. That's really what it
20 needs. It doesn't need somebody who was chosen
21 really for partisan political purposes.
22 I was maybe a little harsh in the
23 Senate Finance Committee. I said "petty
8438
1 partisan politics." I want to remove the word
2 "petty," but it's certainly -- it's certainly
3 -- it's certainly partisan politics. It's
4 using the City University for political
5 purposes. It's not serving the City University
6 system, and that's in no way saying anything
7 derogatory about John Calandra, Jr., who I think
8 is a very fine young man and somebody who may
9 well have a distinguished public career, but he
10 is not the right person by experience, by
11 status, by availability of time, and considering
12 the needs of the City University of New York,
13 this is not the time to put this nominee on this
14 board.
15 I am going to vote negative.
16 ACTING PRESIDENT KUHL: Senator
17 Libous.
18 SENATOR LIBOUS: Thank you, Mr.
19 President.
20 I wasn't going to say a word
21 because I don't know even know John Calandra,
22 Jr. Don't know him at all. But after listening
23 to my colleague, Senator Leichter, who I have
8439
1 the utmost respect for, I felt compelled to get
2 up and make a few comments.
3 Senator Leichter, maybe one of
4 reasons why the City University system has had
5 some problems is because maybe there are too
6 many of these prestigious individuals that don't
7 understand the real world, and maybe we need a
8 solid citizen like John Calandra to serve on
9 that board, because maybe we've had too many
10 people who really don't have a feel for what
11 takes place in what I call the real world today,
12 and I would never say that because someone
13 doesn't have great status -- and, of course, the
14 men that you spoke of and women who serve on
15 that board, I, too, respect because they are
16 successful, and I would never take success away
17 from anyone who achieves it and earns it
18 honestly, but that certainly is no reason to say
19 that someone is not qualified for a board.
20 And because -- the other reason
21 is because an individual chooses to run for
22 public office. This is America. Anyone can run
23 for public office in America and particularly in
8440
1 New York State. This is an opportunity. He
2 should not be criticized nor should his name be
3 put aside because he chooses to run for a public
4 office. I mean that is his right as a citizen
5 to do so.
6 So again, Mr. President, I don't
7 know this gentleman at all, and I'm sure the
8 Governor and the people who made the decision
9 made a strong one, but I was just compelled to
10 make some statement.
11 And, again, as I said, I
12 certainly respect Senator Leichter and just -
13 it brought that out of me.
14 ACTING PRESIDENT KUHL: Senator
15 Leichter, why do you rise?
16 SENATOR LEICHTER: Mr. President,
17 would Senator Libous yield?
18 SENATOR LIBOUS: Sure.
19 ACTING PRESIDENT KUHL: The
20 Senator yields.
21 SENATOR LEICHTER: Senator, I
22 appreciate your comments in joining into this.
23 I just want to know what is the "real world"?
8441
1 Let me ask you, Bob Price, who we are now going
2 to take up as the next nominee, is he in the
3 real world?
4 SENATOR LIBOUS: Well, Mr.
5 President, my comment was that as he was talking
6 about prestigious people. We're all in the real
7 world but, you know, Mr. President, because
8 someone carries a title who is a president -
9 you talked about -- I don't have the document in
10 front of me of your exact remarks, but just
11 because he has no title before his name doesn't
12 mean he's not qualified to serve on the board.
13 Common sense. Common sense is in
14 the real world, and as I said to you, Senator
15 Leichter, I'm not saying that the persons who
16 serve on the board have no common sense. I have
17 tremendous respect for them, but don't discredit
18 someone else who may not have the title of
19 president or CEO or advisor to the mayor or to
20 the governor. They can serve just as well.
21 SENATOR LEICHTER: Mr. President,
22 if Senator Libous would yield.
23 ACTING PRESIDENT KUHL: Senator
8442
1 Libous, do you yield to one question?
2 SENATOR LEICHTER: Senator, I'm
3 just interested because, you know, I keep on
4 hearing this remark, the "real world." Senator
5 Dole, when he left the U.S. Senate, he said,
6 "I'm going to the real world." I want to know
7 where this real world is, and I want to -
8 because I have a lot of respect for you, Senator
9 Libous, I just thought maybe you would point me
10 to it. And, also, since you said that maybe one
11 of the reasons that City University has a
12 problem is that those people that I mentioned
13 that I thought were distinguished are not in the
14 real world, I want to know who they are. Do you
15 think Stanley Fink, the former Speaker of the
16 Assembly, he is not in the real world?
17 SENATOR LIBOUS: Mr. President.
18 Senator Leichter, the real world is outside of
19 this chamber, Senator Leichter, plain and
20 simple. It's outside the city limits of
21 Albany. That is the real world.
22 SENATOR LEICHTER: Okay. I'll
23 accept that answer.
8443
1 ACTING PRESIDENT KUHL: Is there
2 any other Senator other than Senator Velella
3 wishing to speak on the nomination?
4 SENATOR VELELLA: Mr. President,
5 I'm not surprised at Senator Leichter's
6 difficulty in understanding what's happening in
7 the real world. I believe he spent most of his
8 adult life trying to find the real world, and is
9 still trying to find the real world.
10 Let's talk about Stanley Fink.
11 Good friend of mine. I served in the Assembly
12 with him. Speaker of the Assembly, a great
13 politician, a great statesman. What did he know
14 about running a college? We put him on the
15 board, and Leichter cheered.
16 Herman Badillo, Congressman of
17 the United States, a great man, good legislator,
18 former borough president of the Bronx. Knew
19 less than I do about running a college, about
20 running a university. We put him on the board,
21 and Leichter cheered.
22 Do you realize, Senator Leichter,
23 that in five years John Calandra, Jr. could
8444
1 qualify to be President of the United States,
2 but in your mind he is not qualified to serve on
3 the board of directors of City University?
4 Maybe this governor is doing
5 something your governor didn't do. He is
6 reaching out to younger people to bring them
7 into government, to let somebody who is close to
8 that college level, who has just gone through
9 the system, to be on that board as an equal
10 person.
11 We allow student representatives
12 to be on that board. I haven't heard you
13 complain that they are too young and
14 inexperienced. They had the opportunity of
15 getting on that board.
16 If you are talking about partisan
17 politics, Senator, you don't have to look any
18 further than the mirror when you shave there in
19 the morning. You're attacking John Calandra
20 because he happens to be a Republican who will
21 be running for office in November. Every
22 argument you have raised is just a political
23 smoke screen, his age, and now you say it's not
8445
1 the question of his age. He is going to be 30
2 years old. Dick Gottfried was an Assemblyman at
3 21 and you were supporting him. I was an
4 Assemblyman at 27. I know you didn't support
5 me, but thank God. That helped me get elected.
6 That helped me get elected.
7 His experience in administering a
8 college -- Stanley Fink didn't have any
9 experience, Badillo didn't have any experience.
10 Even Murphy, the chairman of the board, doesn't
11 know about running a college. But they went on
12 there; you cheered for them. There was no
13 difference.
14 He is a fine young man. I've
15 known him since his early, early days. He
16 certainly is a well-educated, well-respected
17 individual, and I believe your attack is nothing
18 more than, as you said, petty partisan
19 politics.
20 I move the nomination.
21 ACTING PRESIDENT KUHL: For the
22 benefits of the members who will be voting
23 momentarily, the nominations of John J. Calandra
8446
1 and Robert Price both were called, so we're
2 voting on both the nominations.
3 Senator Goodman, why do you
4 rise?
5 SENATOR GOODMAN: If we're voting
6 on both, I would like to say a word with respect
7 to the other nominee.
8 ACTING PRESIDENT KUHL: It is
9 entirely appropriate at this time.
10 Senator Goodman, on the
11 nomination.
12 SENATOR LEICHTER: Mr. President,
13 point of order.
14 Point of order, Mr. President.
15 ACTING PRESIDENT KUHL: What's
16 your point of order?
17 SENATOR LEICHTER: My point of
18 order is that I believe the practice of this
19 house has been that where a member wishes to
20 identify a particular office because they wish a
21 separate vote or they wish to vote against it,
22 that we vote it separately, so my request is
23 that we vote the two separately. I'm going to
8447
1 vote for Bob Price. I'm going to vote against
2 John Calandra.
3 ACTING PRESIDENT KUHL: It's nice
4 to see you making decisions today, Senator
5 Gold.
6 Senator Goodman, on the
7 nomination.
8 SENATOR GOODMAN: May I ask for a
9 point of -
10 ACTING PRESIDENT KUHL: Senator
11 Velella.
12 SENATOR VELELLA: In order to
13 accommodate Senator Leichter, there is no
14 objection on this side to taking up John
15 Calandra first and then taking up the second
16 nominee if you would like to proceed that way,
17 unless that presents a problem at the desk.
18 ACTING PRESIDENT KUHL: Any other
19 Senator wishing to speak on the nomination of
20 John J. Calandra?
21 Senator Johnson, on the
22 nomination.
23 SENATOR JOHNSON: I'm too old to
8448
1 speak but, nevertheless, I would like to say a
2 word on behalf of John Calandra, and I would
3 like to express what Franz Leichter would
4 probably say if John's father were here. "I
5 have nothing to say."
6 His father would have had a
7 vigorous part in this debate and would have
8 certainly stood up for his son, who is his
9 father with a lot more good qualities, as well.
10 John Calandra is a fine young
11 man. It's lamentable that this debate ever took
12 place. It was inappropriate, I think.
13 Nevertheless, it did, and I would like to join
14 in seconding the nomination, certainly
15 supporting the nomination of John Calandra for
16 the position to which he has been nominated.
17 ACTING PRESIDENT KUHL: Is there
18 any other Senator wishing to speak on the
19 nomination of John J. Calandra?
20 Senator Gold.
21 SENATOR GOLD: Just very briefly
22 for everybody's information. Under the
23 Education Law 6204, the board of trustees
8449
1 consists of 17 people, 10 trustees appointed by
2 the governor, 5 by the mayor and two ex officio,
3 and one of those ex officios is the chairperson
4 of the university student center.
5 So we have already acknowledged
6 that there is a place for a voice for youth, and
7 if the Governor believes that a qualified person
8 30 years old can also be on there, I see nothing
9 wrong with it.
10 SENATOR VELELLA: I move the
11 nomination.
12 ACTING PRESIDENT KUHL: The
13 question is on the nomination of John J.
14 Calandra of Pelham, New York, to become a member
15 of the board of trustees of the City University
16 of New York.
17 All those in favor of the
18 nomination, signify by saying aye.
19 (Response of "Aye.")
20 Opposed, nay.
21 (Response of "Nay.")
22 The nominee is confirmed.
23 SENATOR VELELLA: Mr. President.
8450
1 ACTING PRESIDENT KUHL: Senator
2 Velella.
3 SENATOR VELELLA: There will be
4 an immediate meeting of the Higher Education
5 Committee in Room 124. Immediate meeting.
6 ACTING PRESIDENT KUHL: Immediate
7 meeting of the Higher Education Committee -
8 immediate meeting of the Higher Education
9 Committee in Room 124 of the Capitol.
10 Now, the question is on the
11 nomination of Robert Price of New York City.
12 I'll ask the Secretary again to read the
13 nomination.
14 THE SECRETARY: Member the Board
15 of Trustees of the City University of New York,
16 Robert Price of New York City.
17 The Chair recognizes Senator
18 Goodman, on the nomination.
19 SENATOR GOODMAN: Mr. President,
20 it gives me much pleasure to speak on the
21 nomination of Robert Price for this high
22 office. Mr. Price is a lifelong New Yorker,
23 having attended the Bronx High School of
8451
1 Science, having gone through his college years
2 in New York, and becoming the youngest executive
3 deputy mayor to serve in the history of New York
4 City.
5 In the first administration of
6 Mayor John V. Lindsay, as executive deputy
7 mayor, he actually was involved in the
8 multifaceted task of running the City as a sort
9 of "Mr. Inside," while Mayor Lindsay was doing
10 things that characterized him as "Mr. Outside";
11 therefore, Mr. Price has had a rich experience
12 in understanding how the City works and its many
13 faceted population's needs, and in that respect
14 he has a high qualification and has been
15 tempered in the crucible of very practical
16 experience.
17 Going beyond that, upon leaving
18 the government, Mr. Price became a partner in
19 the firm of Dreyfus & Company and subsequently
20 in the firm of Lazard, Freres & Company, two of
21 the most eminent investment banking companies on
22 Wall Street, and subsequent to that, became an
23 entrepreneur in his own right running what today
8452
1 is one of the largest cellular telephone and
2 cable television combination corporations in the
3 state.
4 He has had an extraordinary
5 success in both the fields of government and
6 private enterprise and, therefore, in my
7 judgment, has a very rare set of qualifications
8 which enable him to grasp many of the fiscal
9 aspects of the City University problems and also
10 to understand in a very deep way the needs of
11 our people.
12 Therefore, Mr. President, it
13 strikes me that this is an exceptionally good
14 stroke of fortune for City University that one
15 of this competence and qualification should be
16 willing to serve on this board at this very
17 difficult time for the university, and I place
18 his nomination before the Senate in the hopes
19 that it will be unanimously confirmed.
20 ACTING PRESIDENT KUHL: The Chair
21 recognizes Senator Marchi, on the nomination.
22 Senator Stachowski, why do you
23 rise?
8453
1 SENATOR STACHOWSKI: I wanted to
2 know if Senator Goodman would yield to a
3 question.
4 ACTING PRESIDENT KUHL: Senator
5 Goodman, do you yield to Senator Stachowski?
6 SENATOR GOODMAN: Mr. President,
7 do I have the floor now or does Senator Marchi
8 have the floor?
9 SENATOR STACHOWSKI: I just
10 wanted to ask you a question while you were
11 standing, and I didn't want to interrupt you.
12 SENATOR GOODMAN: No. Please, go
13 right ahead.
14 SENATOR STACHOWSKI: My question
15 was in Finance when Senator Leichter was
16 questioning the youth of the one nominee, I
17 guess the age and experience of this nominee,
18 Senator Stafford inferred that possibly Mr.
19 Price had given the advice that got New York
20 City into the garbage strike, and I was just
21 trying to find that out -- had caused the
22 garbage strike in New York, and I was just
23 trying to find out if that was true or not.
8454
1 SENATOR GOODMAN: Are you -
2 SENATOR STACHOWSKI: I was just
3 trying to find out if that was true or not
4 because I didn't want to see another garbage
5 strike.
6 SENATOR STAFFORD: No. What I
7 pointed out, Bob Price certainly did not do
8 anything like that, but it was mentioned in the
9 Finance Committee that Mr. Price was an advisor
10 to Nelson Rockefeller, and I said if you
11 remember back in 1968 when there were some
12 differences of opinion, Mr. Price wasn't
13 advising Mr. Rockefeller. He was advising
14 another gentleman by the name of Mr. Lindsay.
15 We're not saying who was right or wrong. We're
16 getting old enough to know -
17 ACTING PRESIDENT KUHL: Senator
18 Stafford -- Senator Stafford -- Senator
19 Stafford, if I might interrupt. You're talking
20 totally away from your microphone.
21 SENATOR STAFFORD: But I was
22 trying to help.
23 ACTING PRESIDENT KUHL: I under
8455
1 stand what you're trying to do, but also as you
2 know, all of the proceedings are taken down by
3 stenographers and they're just looking at me
4 with frustration in their eyes, not being able
5 to hear a word you're saying nor do their job
6 and record it.
7 So while I appreciate your
8 attempt to help out, you're creating a
9 frustration in front of me that needs to be
10 resolved, and I appreciate your cooperation.
11 SENATOR STAFFORD: While I'm on
12 my feet and we're mentioning schools, I have to
13 point out that I believe Mr. Price graduated
14 from Columbia Law School, and he has had a
15 distinguished career, and there are many of us
16 who certainly are very, very pleased to support
17 his nomination, and I'm sure he will be a credit
18 and make a tremendous contribution to the
19 trustees.
20 ACTING PRESIDENT KUHL: Senator
21 Mar... excuse me. Senator Goodman.
22 SENATOR GOODMAN: Mr. President,
23 first of all, in response to the Senator's query
8456
1 from across the aisle, let me just say that Mr.
2 Price over the years has been an advisor to many
3 of the leading public servants of our
4 generation.
5 He worked very closely with Mayor
6 Lindsay as was earlier stated as his executive
7 deputy mayor. He was also an advisor to Nelson
8 Rockefeller in a political context which is not
9 directly related to this matter but, in fact,
10 during Governor Rockefeller's quest for the
11 presidency, Mr. Price played a key role in
12 managing several of his successful state primary
13 campaigns in search of that nomination.
14 May I say that with respect to
15 the garbage strike in New York, that is
16 completely irrelevant to this record, having had
17 nothing whatsoever to do with the garbage
18 strike. Mr. Price was nonetheless involved in
19 innumerable successful labor negotiations in the
20 state of New York, and I think it appropriate to
21 note, among other qualifications which I omitted
22 in Round 1 of my comments, that he served in the
23 United States Army, that he was a graduate of
8457
1 Columbia University Law School, that he was also
2 in the U.S. District Court as a clerk to Judge
3 Archie Dawson, one of its most noted members and
4 served in the Department of Justice in the
5 Southern District as an assistant U.S. Attorney
6 in the criminal division. He also practiced law
7 for some years for a gentleman who now sits on
8 the Appellate Division of -- bench of the state
9 of New York.
10 So I would simply reiterate in my
11 sense that this is an exceptional resume which
12 qualifies him most highly for this important
13 post.
14 ACTING PRESIDENT KUHL: Senator
15 Paterson, why do you rise?
16 SENATOR PATERSON: Mr.
17 President -
18 ACTING PRESIDENT KUHL: Did you
19 want to speak on the nomination, Senator
20 Paterson?
21 SENATOR PATERSON: Yes, I would.
22 Mr. President, I believe -
23 ACTING PRESIDENT KUHL: Senator
8458
1 Marchi had indicated -- and I've got a list
2 going. Senator Marchi had -
3 SENATOR PATERSON: If Senator
4 Marchi would yield, this will take five seconds.
5 I just want -
6 ACTING PRESIDENT KUHL: Senator
7 Paterson.
8 SENATOR PATERSON: -- Senator
9 Goodman and Senator Stafford to know that I
10 believe Senator Stachowski's remarks were made
11 with all humor and mirth and just the satirical
12 splendor that Senator Stachowski enjoys, and
13 there was no attempt to diminish the great
14 credentials of this very excellent candidate.
15 ACTING PRESIDENT KUHL: Thank
16 you, Senator Paterson.
17 The Chair recognizes Senator
18 Marchi, on the nomination.
19 SENATOR MARCHI: Yes, Mr.
20 President. I think Senator Paterson's
21 observation is fully justified. The events that
22 he alluded to, Senator Stachowski, were the
23 subject of much mirthful badinage at that time.
8459
1 I -- certainly, the composition
2 of the board of trustees, the -- this
3 membership, we started with John Calandra who
4 has certainly fabulous -- I don't think he has
5 any -- he may have peers but he doesn't have
6 anyone that was more academically qualified
7 because of the exceptional academic background
8 that he brings, and in a variegated grouping,
9 such as the board of trustees, you want
10 different elements to give it the taste and
11 flavor and the seasoning of judgment.
12 Bob Price -- at the time I was
13 chairman of the affairs of the city of New York
14 and at that time any bill that affected the city
15 of New York, irrespective of higher education,
16 corrections, interstate compacts, going far
17 beyond -- in fact, they abolished the committee
18 after I left because then they started to assign
19 bills to -- to the different committees,
20 substantive committees.
21 So I dealt with Bob Price and
22 sometimes we had some very spirited differences,
23 but he brought enormous energy, intelligence,
8460
1 intellect, commitment to principle, a bundle of
2 qualities that were truly impressive, and going
3 beyond that when he continued his service even
4 after leaving the city of New York, his service
5 -- services were beneficial to so many
6 different activities and in so many different
7 disciplines that I think they all add up to a
8 splendid array of experience that he brings.
9 Senator Goodman, of course, was
10 in a vantage point for making the remarks that
11 he did because he served in the same adminis
12 tration within a position of responsibility.
13 So everything I see, Mr.
14 President, fully attests to the fact that this
15 is, indeed, a splendid nomination, and I believe
16 it's going to be to the profit of the City
17 University when we act favorably on this
18 recommendation.
19 ACTING PRESIDENT KUHL: Is there
20 any other Senator wishing to speak on the
21 nomination?
22 (There was no response.)
23 Hearing none, the question is on
8461
1 the nomination of Robert Price of New York City
2 to become a member of the Board of Trustees of
3 the City University of New York. All those in
4 favor of the nomination signify by saying aye.
5 (Response of "Aye".)
6 Opposed, nay.
7 (There was no response.)
8 The nominee is confirmed.
9 Senator Lachman, did you wish
10 to -
11 SENATOR LACHMAN: Yes, Mr.
12 President. Unfortunately, I missed a couple of
13 votes yesterday. Had I been in the chamber, I
14 would have voted no on Calendar item 1000, no on
15 Calendar item 1529 and no on 1526.
16 Thank you kindly.
17 ACTING PRESIDENT KUHL: Senator
18 Lachman, the record will reflect that had you
19 been in the chamber yesterday when the roll
20 calls were taken on Calendars Number 1000, 1526
21 and 1529 that you would have voted in the
22 negative.
23 SENATOR MARCELLINO: Mr.
8462
1 President.
2 ACTING PRESIDENT KUHL: Senator
3 Marcellino.
4 SENATOR MARCELLINO: Mr.
5 President, there will be an immediate meeting of
6 the Rules Committee in Room 332.
7 ACTING PRESIDENT KUHL: There
8 will be an immediate meeting of the Rules
9 Committee, immediate meeting of the Rules
10 Committee in the Majority Conference Room, Room
11 332. Immediate meeting of the Rules Committee
12 in the Majority Conference Room, Room 332.
13 Senator Marcellino.
14 SENATOR MARCELLINO: Yes. I
15 notice you may have some motions to do. After
16 that, we would like to take up the regular order
17 of the controversial calendar, starting with
18 Senate Calendar Number 258.
19 ACTING PRESIDENT KUHL: We will
20 return to motions and resolutions.
21 The Chair recognizes Senator
22 Nozzolio.
23 SENATOR NOZZOLIO: Mr. President,
8463
1 on behalf of Senator Leibell, on page number 7,
2 I offer the following amendments to Calendar
3 Number 343, Print Number 6004-A.
4 ACTING PRESIDENT KUHL: The
5 amendments to Calendar Number 343 are received
6 and adopted. The bill will retain its place on
7 the Third Reading Calendar.
8 Senator Nozzolio.
9 SENATOR NOZZOLIO: Yes, Mr.
10 President. On behalf of Senator Levy, I wish to
11 call up Senate Print Number 371, recalled from
12 the Assembly which is now at the desk.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the title.
15 THE SECRETARY: By Member of the
16 Assembly Bragman, Assembly Print 1894, an act to
17 amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT KUHL: Senator
19 Nozzolio.
20 SENATOR NOZZOLIO: Mr. President,
21 I now move to reconsider the vote by which this
22 bill was passed and ask that the bill be
23 restored to the order of third reading.
8464
1 ACTING PRESIDENT KUHL: The
2 Secretary will call the roll on
3 reconsideration.
4 (The Secretary called the roll on
5 reconsideration.)
6 THE SECRETARY: Ayes 52.
7 ACTING PRESIDENT KUHL: The bill
8 is restored to the calendar and before the
9 house.
10 Senator Nozzolio.
11 SENATOR NOZZOLIO: Mr. President,
12 I now move to discharge from the Committee on
13 Transportation Assembly Print Number 1894 and
14 substitute it for Senator Levy's identical bill.
15 ACTING PRESIDENT KUHL: The
16 Assembly bill is discharged from the committee
17 and substituted for the bill.
18 Senator Marcellino.
19 SENATOR MARCELLINO: Yes, Mr.
20 President. We'd like to go back to the regular
21 order of the controversial calendar, beginning
22 with Calendar Number 258, Senator Saland's bill.
23 ACTING PRESIDENT KUHL: The
8465
1 Secretary will read the title to Calendar Number
2 258.
3 THE SECRETARY: Calendar Number
4 258, by Senator Saland, Senate Print 2457-B, an
5 act to amend the Family Court Act, the Executive
6 Law, in relation to enacting the Juvenile
7 Justice Reform Act.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 67. This
11 act shall take effect on the 120th day.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 52.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 Senator Marcellino.
19 SENATOR MARCELLINO: Regular
20 order, 1057, please.
21 ACTING PRESIDENT KUHL: For the
22 benefit of the members, Senator Marcellino, I
23 have at the desk and the desk has informed me
8466
1 that the bills that are going to be acted upon
2 in order are Calendar Number 1057, Calendar
3 Number 1496, Calendar Number 1556, Calendar
4 Number 1580, Calendar Number 1582 and Calendar
5 Number 1594. These are all bills on the regular
6 calendar, Calendar No. 63, currently being
7 addressed, correct?
8 SENATOR MARCELLINO: Proceed,
9 sir. You are absolutely correct.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read Calendar Number 1057.
12 THE SECRETARY: Calendar Number
13 1057, by Senator Lack, Senate Print 4995-B, an
14 act to amend the Surrogate's Court Procedure
15 Act, in relation to increasing the limits of a
16 small estate.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect in 30 days.
21 SENATOR LACK: Mr. President.
22 ACTING PRESIDENT KUHL: Senator
23 Lack.
8467
1 SENATOR LACK: Never mind.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 53.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1496, by Senator Hannon, Senate Print 7580, an
10 act to amend the Emergency Tenant Protection Act
11 of 1974.
12 SENATOR HANNON: Lay it aside.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside at the request of the sponsor.
15 THE SECRETARY: Calendar Number
16 1556, by Senator Hannon, Senate Print 6491-A, an
17 act to amend the Criminal Procedure Law and the
18 Executive Law, in relation to imposing plea
19 bargaining limitations.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 8. This
23 act shall take effect on the first day of
8468
1 November.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 53.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1580, by Senator Rath, Senate Print 7603-A, an
10 act to authorize the trustees of the State
11 University of New York.
12 SENATOR PATERSON: Explanation.
13 ACTING PRESIDENT KUHL: Senator
14 Paterson, why do you rise?
15 SENATOR PATERSON: Mr. President,
16 Senator Stachowski laid this bill aside. If we
17 could just hold it pending his return, I believe
18 he went to the -
19 ACTING PRESIDENT KUHL: Lay the
20 bill aside temporarily.
21 The Secretary will read Calendar
22 Number 1582.
23 THE SECRETARY: Calendar Number
8469
1 1582, by Senator Leibell, Senate Print 7660-A,
2 an act to amend Chapter 915 of the Laws of 1982.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 4. 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 53.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 The Secretary will read Calendar
14 Number 1594.
15 THE SECRETARY: Calendar Number
16 1594, by the Committee on Rules, Senate Print
17 7783, an act to amend the Racing, Pari-mutuel
18 Wagering and Breeding Law.
19 ACTING PRESIDENT KUHL: Senator
20 Paterson.
21 SENATOR PATERSON: Mr. President,
22 it was Senator Stachowski that, again, wanted to
23 -- to have an explanation on this bill.
8470
1 ACTING PRESIDENT KUHL: Senator
2 Marcellino, do you want to lay that aside
3 temporarily also?
4 SENATOR MARCHI: Yes, Mr.
5 President. Both Senators are in the Rules
6 Committee meeting at the present, so we can
7 accommodate that.
8 ACTING PRESIDENT KUHL: That
9 concludes, Senator Marcellino, the calling of
10 the controversial calendar on Calendar No. 63.
11 SENATOR MARCELLINO: Mr.
12 President, is there any housekeeping?
13 ACTING PRESIDENT KUHL: We're
14 clean up here, Senator Marcellino. There's no
15 housekeeping at the desk.
16 SENATOR MARCELLINO: Are you
17 absolutely sure? You wouldn't want to double
18 check? At which time, I think we should be in
19 recess -- or at least stand at ease until the
20 Rules Committee report comes out.
21 ACTING PRESIDENT KUHL: The
22 Senate will stand at ease momentarily.
23 (Whereupon, the Senate stood at
8471
1 ease briefly.)
2 ACTING PRESIDENT KUHL: The Chair
3 recognizes Senator Bruno.
4 SENATOR BRUNO: Mr. President, I
5 would like to ask for an immediate conference of
6 the Majority in Room 332, and we're trying to
7 get some of the bills to the floor and do some
8 of the work that we have to do to clean up. So
9 we might take a recess until 1:00 o'clock -- or
10 stand at ease until 1:00 o'clock and then we can
11 reconvene.
12 Thank you, Mr. President.
13 ACTING PRESIDENT KUHL: There
14 will be an immediate meeting of the Majority
15 Conference immediately after the completion of
16 the Rules Committee. Immediate meeting of the
17 Majority Conference after the completion of the
18 Rules Committee in Room 332, the Majority
19 Conference Room, and the Senate will stand at
20 ease until 1:00 p.m.
21 (Whereupon, the Senate stood at
22 ease from 11:53 a.m. until 1:00 p.m.)
23 ACTING PRESIDENT MARCELLINO: The
8472
1 Senate is in session.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 if we could return to motions and resolutions, I
5 move that we adopt the Resolution Calendar in
6 its entirety.
7 ACTING PRESIDENT MARCELLINO:
8 Read the -- call the roll -- okay. The
9 Resolution Calendar is adopted.
10 SENATOR SKELOS: All in favor say
11 aye.
12 (Response of "Aye".)
13 Opposed, Nay.
14 (There was no response.)
15 ACTING PRESIDENT MARCELLINO: All
16 in favor say aye.
17 SENATOR SKELOS: The Resolution
18 Calendar is adopted.
19 ACTING PRESIDENT MARCELLINO:
20 Thank you.
21 SENATOR SKELOS: If we could then
22 return to reports of standing committees, I
23 believe there's a report of the Rules Committee
8473
1 at the desk. I'd ask that it be read.
2 ACTING PRESIDENT MARCELLINO: The
3 Secretary will -- we'll return to reports of
4 standing committees and the Secretary will read.
5 THE SECRETARY: Senator Bruno,
6 from the Committee on Rules, reports the
7 following bills:
8 Senate Print 2127, by Senator
9 Johnson, an act to amend the Insurance Law;
10 2476-A, by Senator Skelos, an act
11 to amend the Emergency Tenant Protection Act of
12 1974;
13 3289-C, by Senator Farley, an act
14 to amend the Tax Law;
15 3370-A, by Senator Velella, an
16 act to amend the Private Housing Finance Law;
17 3910-B, by Senator Maltese, an
18 act to amend the Tax Law;
19 4190-B, by Senator Velella, an
20 act to amend the General Business Law;
21 4714, by Senator Velella, an act
22 to amend the Executive Law;
23 5912-A, by Senator Nozzolio, an
8474
1 act to amend the Penal Law;
2 6007, by Senator Johnson, an act
3 to amend the Tax Law;
4 6406, by Senator Marchi, an act
5 to amend the Navigation Law;
6 6728-B, by Senator Velella, an
7 act to amend the Insurance Law;
8 6806, by Senator Hannon, an act
9 to amend the New York State Medical Care
10 Facilities Finance Agency Act;
11 6837, by Senator Oppenheimer, an
12 act authorizing the reopening of the 20-year
13 retirement plan;
14 7142-A, by Senator Johnson, an
15 act to amend the Real Property Tax Law;
16 7401-A, by Senator Marcellino, an
17 act to amend the General Municipal Law;
18 7595, by Senator Wright, an act
19 to legalize, validate, notify and confirm;
20 7642, by Senator Marcellino, an
21 act to amend the Environmental Conservation Law;
22 7650-A, by the Senate Committee
23 on Rules, an act to amend Chapter 904 of the
8475
1 Laws of 1984.
2 7663, by Senator Cook, an act in
3 relation to education expenditures;
4 7708, by Senator Goodman, an act
5 to amend Chapter 196 of the Laws of 1995;
6 7711-A, by Senator Stafford, an
7 act to legalize, ratify and confirm the acts and
8 proceedings;
9 7732, by Senator Kuhl, an act to
10 amend the Agriculture and Markets Law;
11 7749, by Senator Stafford, an act
12 approving the exchange of certain lands;
13 7753, by Senator Maltese, an act
14 to amend the Election Law;
15 7756, by Senator Cook, an act in
16 relation to assessments;
17 7794, by Senator Markowitz, an
18 act to amend Chapter 60 of the Laws of 1994;
19 7804, by the Senate Committee on
20 Rules, an act to amend the Local Finance Law;
21 7807, by the Senate Committee on
22 Rules, an act making an appropriation to pay
23 Geneva Healey, widow of the late Philip P.
8476
1 Healey, Member of the Assembly from the 12th
2 District;
3 7835, by Senator Levy, an act to
4 amend the Public Authorities Law;
5 7836, by Senator Levy, an act to
6 amend Chapter 56 of the Laws of 1993;
7 And 7854, by the Senate Committee
8 on Rules, an act making appropriations for the
9 support of government.
10 All bills ordered directly for
11 third reading.
12 ACTING PRESIDENT MARCELLINO: All
13 those in favor of accepting the report of the
14 Rules Committee respond by saying aye.
15 (Response of "Aye".)
16 Opposed, nay.
17 (There was no response.)
18 The report is accepted.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 at this time if we could take up Calendar
22 Number 16...
23 ACTING PRESIDENT MARCELLINO:
8477
1 Senator Skelos, before we do that, can we take
2 up some motions that we have.
3 The Chair recognizes Senator
4 Farley.
5 SENATOR FARLEY: Mr. President,
6 on behalf of Senator Velella, on page 9, I offer
7 the following amendments to Calendar 421, Senate
8 Print 5941 and I ask that that bill retain its
9 place on the Third Reading Calendar.
10 ACTING PRESIDENT MARCELLINO: The
11 amendments are received and it will retain its
12 place on the Third Reading Calendar, Senator.
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President,
15 at this time if we could take up Calendar Number
16 1631 on Supplemental Calendar Number 1.
17 ACTING PRESIDENT MARCELLINO:
18 There is a message of necessity.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1631, by the Senate Committee on Rules, Senate
22 Print 7854, an act making appropriations for the
23 support of government.
8478
1 SENATOR SKELOS: Mr. President,
2 is there a message of necessity and
3 appropriation at the desk?
4 ACTING PRESIDENT MARCELLINO:
5 There is, sir.
6 SENATOR SKELOS: Move to accept.
7 ACTING PRESIDENT MARCELLINO: The
8 messages of appropriation and necessity are
9 accepted -- all those in favor of accepting the
10 message of necessity and appropriation please by
11 -- signify by saying aye.
12 (Response of "Aye".)
13 Opposed, nay.
14 (There was no response.)
15 The messages are accepted.
16 Read the last section.
17 THE SECRETARY: Section 41. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 53.
23 ACTING PRESIDENT MARCELLINO: The
8479
1 bill is passed.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 at this time if we could have a reading of
5 Supplemental Calendar Number 1, non
6 controversial.
7 ACTING PRESIDENT MARCELLINO:
8 We'll have a reading of the non-controversial
9 calendar of Supplemental Calendar Number 1.
10 The Secretary will read.
11 THE SECRETARY: Senator Johnson
12 moves to discharge from the Committee on Rules
13 Assembly Bill Number 3214 and substitute it for
14 the identical Calendar Number 1601.
15 ACTING PRESIDENT MARCELLINO:
16 There is a substitution ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1601, by Member of the Assembly Harenberg,
20 Assembly Print 3214, an act to amend the
21 Insurance Law, in relation to automobile
22 insurance rates.
23 ACTING PRESIDENT MARCELLINO:
8480
1 Read the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 53.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 -- excuse me. Senator Skelos moves to
13 discharge from the Housing and Community
14 Development Committee Assembly Bill Number
15 1240-A and substitute it for the identical Third
16 Reading Calendar 1602.
17 ACTING PRESIDENT MARCELLINO: The
18 substitution is ordered and the Secretary will
19 read.
20 THE SECRETARY: Calendar Number
21 1602, by Member of the Assembly Weisenberg,
22 Assembly Print 1240-A, an act to amend the
23 Emergency Tenant Protection Act of 1974.
8481
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 53.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1603, by Senator Farley, Senate Print 3289-C -
13 ACTING PRESIDENT MARCELLINO: The
14 bill is high. Lay it aside.
15 THE SECRETARY: Senator Velella
16 moves to discharge from the Committee on Housing
17 and Community Development Assembly Bill Number
18 3988-A and substitute it for the identical Third
19 Reading Calendar 1604.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section -- I'm sorry. The
22 substitution is ordered. Read the last section.
23 THE SECRETARY: Calendar Number
8482
1 1604, by Member of the Assembly Klein, Assembly
2 Print 3988-A, an act to amend the Private
3 Housing Finance Law, in relation to increasing
4 the secondary wage.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll -- read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 53.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1605, by Senator Maltese, Senate Print 3910-B,
17 an act to amend the Tax Law, in relation to
18 exempting certain tangible personal property.
19 ACTING PRESIDENT MARCELLINO:
20 There is a local fiscal impact statement at the
21 desk. Please read the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
8483
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 53.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Senator Velella
8 moves to discharge from the Committee on
9 Consumer Protection Assembly Bill Number 1035-C
10 and substitute it for the identical Third
11 Reading Calendar 1606.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section -- there is a substitution
14 ordered.
15 THE SECRETARY: Calendar Number
16 1606, by Member of the Assembly Dugan, Assembly
17 Print 1035-C, an act to amend the General
18 Business Law, in relation to providing.
19 ACTING PRESIDENT MARCELLINO:
20 Read the last section, please.
21 THE SECRETARY: Section 9. This
22 act shall take effect January 1.
23 ACTING PRESIDENT MARCELLINO:
8484
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 53.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1607, by Senator Velella, Senate Print 4714, an
8 act to amend the Executive Law, in relation to
9 obtaining nationwide criminal history records.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect in 60 days.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 53.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Senator Nozzolio
21 moves to discharge from the Committee on Codes
22 Assembly Bill Number 8592-A and substitute it
23 for the identical Third Reading Calendar 1608.
8485
1 ACTING PRESIDENT MARCELLINO: The
2 substitution is ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1608, by Member of the Assembly Wright, Assembly
6 Print 8592-A, an act to amend the Penal Law, in
7 relation to prohibiting sexual activities.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 30th day.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 53.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Senator Johnson
19 moves to discharge from the Committee on Rules
20 Assembly Bill Number 8718 and substitute it for
21 the identical Third Reading Calendar 1609.
22 ACTING PRESIDENT MARCELLINO: The
23 substitution is ordered and the Secretary will
8486
1 read.
2 THE SECRETARY: Calendar Number
3 1609, by Member of the Assembly Harenberg,
4 Assembly Print 8718, an act to amend the Tax
5 Law, in relation to notice of determination.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 53.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1610, by Senator Marchi, Senate Print 6406, an
18 act to amend the Navigation Law, in relation to
19 the board of commissioners of pilots.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8487
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 53.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1611, by Senator Velella, Senate Print 6728-B,
9 an act to amend the Insurance Law.
10 SENATOR PATERSON: Lay it aside.
11 ACTING PRESIDENT MARCELLINO: Lay
12 it aside.
13 THE SECRETARY: Senator Hannon
14 moves to discharge from the Committee on Rules
15 Assembly Bill Number 10677 and substitute it for
16 the identical Third Reading Calendar 1612.
17 ACTING PRESIDENT MARCELLINO: The
18 substitution is ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1612, by the Assembly Committee on Rules,
22 Assembly Print Number 10677, an act to amend the
23 state Medical Care Facilities Finance Agency
8488
1 Act.
2 ACTING PRESIDENT MARCELLINO:
3 Please read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 53.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Senator
13 Oppenheimer moves to discharge from the
14 Committee on Rules Assembly Bill Number 9356 and
15 substitute it for the identical Third Reading
16 Calendar 1613.
17 ACTING PRESIDENT MARCELLINO: The
18 substitution is order.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1613, by Member of the Assembly Galef, Assembly
22 Print 9356, an act authorizing the reopening of
23 the 20-year retirement plan.
8489
1 ACTING PRESIDENT MARCELLINO:
2 There is a home rule message at the desk.
3 Please read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 53.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1614, by Senator Johnson, Senate Print 7142-A -
14 ACTING PRESIDENT MARCELLINO: The
15 bill is high. Lay it aside.
16 THE SECRETARY: Calendar Number
17 1615, by Senator Marcellino, Senate Print
18 7401-A, an act to amend the General Municipal
19 Law, in relation to authorizing.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8490
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 53.
5 ACTING PRESIDENT MARCELLINO:
6 That worthy bill is passed.
7 THE SECRETARY: Calendar Number
8 1616, by Senator Wright, Senate Print 7595, an
9 act to legalize, validate, notify and confirm
10 certain transportation contracts.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll -- read the last section, please.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO: Now
16 call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 53.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 Senator Paterson.
22 SENATOR PATERSON: Mr. President,
23 has -- Bill Number 1615 which we just passed, is
8491
1 that still in the house?
2 ACTING PRESIDENT MARCELLINO:
3 Yes, it is, Senator.
4 SENATOR PATERSON: May we -- I
5 would like to move to reconsider the vote by
6 which this bill was passed and lay it aside for
7 Senator Leichter with unanimous consent.
8 ACTING PRESIDENT MARCELLINO: The
9 Secretary will call the roll on reconsideration
10 of Bill Number 1615 -- Calendar Number 1615.
11 THE SECRETARY: Calendar Number
12 1615, by Senator Marcellino, Senate Print
13 7401-A, an act to amend the General Municipal
14 Law.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is laid aside -- call the roll on
17 reconsideration.
18 (The Secretary called the roll on
19 reconsideration.)
20 THE SECRETARY: Ayes 53.
21 ACTING PRESIDENT MARCELLINO: Lay
22 the bill aside.
23 The Secretary will read.
8492
1 THE SECRETARY: Calendar Number
2 1617, by Senator Marcellino, Senate Print 7642,
3 an act to amend the Environmental Conservation
4 Law, in relation to scup and black sea bass.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 53.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed. Please move it from the house.
15 THE SECRETARY: Calendar Number
16 1618, by the Senate Committee on Rules, Senate
17 Print 7650-A, an act to amend Chapter 904 of the
18 Laws of 1984.
19 ACTING PRESIDENT MARCELLINO:
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO:
8493
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 53.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1619, by Senator Cook, Senate Print 7663, an act
8 in relation to education expenditures.
9 ACTING PRESIDENT MARCELLINO:
10 There's a local fiscal impact note at the desk.
11 Please read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 53.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1620, by Senator Goodman, Senate Print 7708, an
22 act to amend Chapter 196 of the Laws of 1995.
23 ACTING PRESIDENT MARCELLINO:
8494
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 53.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1621, by Senator Stafford, Senate Print
12 7711-A -
13 ACTING PRESIDENT MARCELLINO: The
14 bill is high. Lay it aside.
15 THE SECRETARY: Calendar Number
16 1622, by Senator Kuhl, Senate Print 7732, an act
17 to amend the Agriculture and Markets Law.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 30th day.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
8495
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 53.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1623, by Senator Stafford, Senate Print 7749 -
7 ACTING PRESIDENT MARCELLINO: The
8 bill is high. Lay it aside.
9 THE SECRETARY: Calendar Number
10 1624, by Senator Maltese, Senate Print -
11 ACTING PRESIDENT MARCELLINO: The
12 bill is high. Lay it aside.
13 THE SECRETARY: -- 7753.
14 Calendar Number 1625, by Senator Cook, Senate
15 Print 7756, an act in relation to assessments
16 for real property.
17 ACTING PRESIDENT MARCELLINO:
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
8496
1 THE SECRETARY: Ayes 53.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1626, by Senator Markowitz, Senate Print 7794,
6 an act to amend Chapter 60 of the Laws of 1994.
7 ACTING PRESIDENT MARCELLINO:
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 53.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1627, by the Senate Committee on Rules, Senate
19 Print 7804, an act to amend the Local Finance
20 Law, in relation to the sale of bonds and notes.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 7. This
8497
1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 53.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Senator Bruno
9 moves to discharge from the Committee on Rules
10 Assembly Bill Number 11026 and substitute it for
11 the identical Third Reading Calendar 1628.
12 ACTING PRESIDENT MARCELLINO: The
13 substitution is ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1628, by the Assembly Committee on Rules,
17 Assembly Print 11026, an act making an
18 appropriation to pay Geneva Healey, widow of the
19 late Philip B. Healey, Member of the Assembly
20 from the 12th District.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section, please.
23 THE SECRETARY: Section 2. This
8498
1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 53.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1629, by Senator Levy, Senate Print 7835, an act
10 to amend the Public Authorities Law, in relation
11 to the issuance.
12 ACTING PRESIDENT MARCELLINO: We
13 have a message of necessity at the desk. Read
14 the last section -- I move that we accept the
15 message. All those in favor signify by saying
16 aye.
17 (Response of "Aye".)
18 Opposed, nay.
19 (There was no response.)
20 The message is accepted.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8499
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 53.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1630, by Senator Levy, Senate Print 7836, an act
9 to amend Chapter 56 of the Laws of 1993.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Kuhl.
12 SENATOR KUHL: Is there a message
13 at the desk?
14 ACTING PRESIDENT MARCELLINO:
15 Yes, there is.
16 SENATOR KUHL: I'd move we accept
17 the message.
18 ACTING PRESIDENT MARCELLINO: All
19 those in favor of accepting the message of
20 necessity please signify by saying aye.
21 (Response of "Aye".)
22 Opposed, nay.
23 (There was no response.)
8500
1 The message is accepted.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 53.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 Senator Kuhl, we finished the
12 reading of the non-controversial calendar.
13 SENATOR KUHL: Mr. President.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Kuhl.
16 SENATOR KUHL: Yes. May we
17 return to the regular calendar, the first
18 calendar of the day, Calendar No. 63, and could
19 you call up Calendar Number 1573, Senate Print
20 6393-A, by Senator Hannon.
21 ACTING PRESIDENT MARCELLINO:
22 That was Calendar Number 1576, Senator? Senator
23 Kuhl, Calendar Number -
8501
1 SENATOR KUHL: 1573.
2 ACTING PRESIDENT MARCELLINO:
3 1573 of the regular calendar.
4 SENATOR KUHL: On the regular
5 Calendar No. 63.
6 ACTING PRESIDENT MARCELLINO: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 1573, by Senator Hannon, Senate Print 6393-A, an
10 act to amend the Social Services Law, in
11 relation to limiting the method of payment.
12 SENATOR DOLLINGER: Explanation.
13 SENATOR GOLD: Explanation.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Hannon, an explanation has been asked
16 for.
17 SENATOR HANNON: Yes. This
18 legislation would deal with the payment of
19 pharmaceuticals under Medicaid managed care and
20 when specified that -- there was somebody
21 addressing me and I didn't understand. If they
22 would address the -
23 ACTING PRESIDENT MARCELLINO: If
8502
1 we have a question, could we bring it up here so
2 we can all hear it?
3 SENATOR GOLD: Yes, Mr.
4 President.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Gold, why do you rise?
7 SENATOR GOLD: I asked for the
8 explanation, and I would appreciate it if it
9 could be so I could hear it. I wasn't trying to
10 be difficult with the Senator, although that's
11 the return, but I just couldn't hear him.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Hannon, please continue.
14 SENATOR HANNON: This bill which
15 provides free hearing aids for -- excuse me.
16 That's the wrong bill.
17 SENATOR GOLD: Could we have a
18 five-minute recess. (Laughter)
19 SENATOR HANNON: Begging your
20 indulgence, Mr. President, and begging your
21 indulgence, Senator Gold, I'm sorry. Rarely do
22 I have an opportunity like that.
23 This legislation would deal with
8503
1 the payment for pharmaceuticals under Medicaid
2 and would provide that pharmaceutical
3 reimbursement under a capitated Medical
4 Assistance Program would be the same as that for
5 other venues of providing medical assistance.
6 The bill has been amended and it
7 would only continue until the end of the current
8 fiscal year, deemed to be repealed on March
9 31st, 1997.
10 SENATOR GOLD: Thank you, Senator
11 Hannon.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Dollinger.
14 SENATOR DOLLINGER: Would the
15 sponsor yield to just one question?
16 ACTING PRESIDENT MARCELLINO:
17 Senator Hannon, do you yield?
18 SENATOR HANNON: Yes, Mr.
19 President.
20 ACTING PRESIDENT MARCELLINO: The
21 Senator yields.
22 SENATOR DOLLINGER: To the
23 chairman of the Health Committee, my
8504
1 understanding is that the state -- the
2 Department of Health had sent out a request for
3 -- proposal for the pharmaceutical portion of
4 Medicaid managed care and that there were
5 contracts that were either going to be awarded
6 or had been awarded for this, and I'm just
7 wondering how does this impact that what
8 appeared to be progression down the road to some
9 kind of statewide Medicaid pharmaceutical
10 managed care program?
11 SENATOR HANNON: There would
12 appear to be a certain tension between this bill
13 and those contracts.
14 SENATOR DOLLINGER: Do you know
15 whether -- again through you, Mr. President. Do
16 you know whether the Department of Health will
17 continue to go through that or whether this puts
18 all that on hold?
19 SENATOR HANNON: This bill would
20 not have the effect of going on hold. That
21 program would really be dispositive as a result
22 of separate discussions between this house and
23 the Assembly as to what's going to go on for
8505
1 Medicaid managed care.
2 This bill really I don't think
3 would have a great effect because -- I'm trying
4 to look into the future as dimly as one can see
5 -- that program is not going to be truly up and
6 running until the latter part of this fiscal
7 year, and I don't think this should have that
8 much impact. It basically would tend to leave
9 things alone. It would become a much greater
10 question when it is -- when Medicaid managed
11 care is up and running at the projected levels
12 of two or three million people.
13 SENATOR DOLLINGER: Okay. And
14 just one other clarification, Mr. President,
15 since I've read several of the memos, but I just
16 want to make sure I understand it.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Hannon, do you continue to yield?
19 SENATOR HANNON: Yes, Mr.
20 President.
21 ACTING PRESIDENT MARCELLINO: The
22 Senator continues to yield.
23 SENATOR DOLLINGER: Is this a
8506
1 permanent carve-out or is this a time -
2 SENATOR HANNON: Time limited.
3 It is only effective until March 31st, 1997, the
4 end of the current fiscal year for which
5 presumably some day we'll have a budget.
6 SENATOR DOLLINGER: Okay. Mr.
7 President, just briefly on the bill.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Dollinger, on the bill.
10 SENATOR DOLLINGER: Under these
11 circumstances, as explained by the chairman of
12 the Health Committee, I'll support this bill. I
13 remain concerned about the concept of Medicaid
14 managed care, how we're going to make it work.
15 I understand that a premature
16 imposition of a complete managed care system
17 will have devastating impacts -- potentially
18 devastating impacts on local pharmacies and
19 small pharmaceutical chains, but I think that
20 what we have to continue to realize is that as
21 we move down the road to managed care, there are
22 certain things that if we're going to really
23 manage it, if we're truly committed to it that
8507
1 we have to do, and I'm not suggesting, as I
2 think you described as a somewhat opaque future,
3 perhaps about what managed care is going to look
4 like in this state. At least from my
5 perspective, if we're really going to get there,
6 part of it is going to be to manage the delivery
7 of pharmaceutical services as well.
8 So I'll support a carve-out until
9 the start of the next fiscal year with the idea
10 that depending on how we structure this Medicaid
11 managed care and what public policy restrictions
12 and consumer protections and market protections
13 that we put onto this system -- which I know are
14 close to the chairman's heart as well -- we have
15 to look at this issue again in great detail to
16 see whether we get the real savings because it's
17 a savings issue.
18 Thank you, Mr. President.
19 SENATOR GOLD: Mr. President.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Gold.
22 SENATOR GOLD: Mr. President, the
23 -- apparently there is a memo that's been filed
8508
1 in opposition by the city of New York. On the
2 other hand, I've got memorandums from the Chain
3 Pharmacy Association and from the Pharmacists
4 Society and from the Indo-American
5 Pharmaceutical Society, et cetera, et cetera,
6 and I appreciated Senator Hannon's explanation,
7 and I intend to support it.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 53.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 Senator Kuhl.
19 SENATOR KUHL: Yes, Mr.
20 President. Staying on that same calendar,
21 Calendar No. 63, the first calendar of the day,
22 may you now call up Calendar Number 1594 by
23 Senator Larkin.
8509
1 ACTING PRESIDENT MARCELLINO: The
2 Secretary will call -- Senator Goodman, did you
3 wish to -
4 SENATOR GOODMAN: May I be
5 recorded in the negative on Senator Hannon's
6 bill, please.
7 ACTING PRESIDENT MARCELLINO:
8 Please record Senator Goodman without objection
9 in the negative on Calendar 1573. It has been
10 done, sir.
11 The Secretary will read Calendar
12 Number 1594.
13 THE SECRETARY: Calendar Number
14 1594, by the Senate Committee on Rules, Senate
15 Print 7783, an act to amend the Racing,
16 Pari-mutuel Wagering and Breeding Law.
17 SENATOR STACHOWSKI: Explanation.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Larkin, an explanation has been asked
20 for by Senator Stachowski.
21 SENATOR LARKIN: Senator
22 Stachowski, what this bill does is it just
23 extends the existing practices for one year, and
8510
1 basically we have been negotiating with the
2 other house on certain things with regard to
3 simulcasting. At this time we haven't finalized
4 it. So by both parties, we decided that it was
5 best to extend it as we proceed forward.
6 SENATOR STACHOWSKI: Mr.
7 President, would Senator -
8 ACTING PRESIDENT MARCELLINO:
9 Excuse me, Senator Stachowski. Gentlemen, when
10 we speak -- I understand the need to speak to
11 our colleagues, but if we could speak as close
12 as possible to the microphones, that would
13 assist the stenographer to get an accurate
14 account of what you're saying and help your
15 colleagues to understand and hear what you're
16 saying.
17 Senator Stachowski.
18 SENATOR STACHOWSKI: Mr.
19 President, would Senator Larkin yield for a
20 couple of questions?
21 ACTING PRESIDENT MARCELLINO:
22 Senator Larkin, do you yield?
23 SENATOR LARKIN: Yes, Mr.
8511
1 President.
2 ACTING PRESIDENT MARCELLINO: He
3 yields.
4 SENATOR STACHOWSKI: Senator,
5 have you heard of anybody that's opposed to this
6 extender as it is for a year?
7 SENATOR LARKIN: I haven't
8 received any information, Senator.
9 SENATOR STACHOWSKI: If I could
10 ask -- continue.
11 ACTING PRESIDENT MARCELLINO: The
12 Senator continues to yield.
13 SENATOR STACHOWSKI: It's also -
14 it's my understanding that -- I understand all
15 the harness tracks are against it, but Yonkers
16 in particular said if this year extender goes
17 and we continue for the next year in the same
18 simulcasting provisions as we have currently,
19 that they will go out of business. I was told
20 that yesterday, as a matter of fact, and then
21 again today.
22 SENATOR LARKIN: Senator, I also
23 heard that yesterday, but they -- Yonkers are
8512
1 well aware of the fact that we are trying to
2 correct the problem, but we can't correct it
3 between now and whenever we get out of here
4 today. So it's something that's going to
5 expire. We thought we better protect ourselves
6 as the ongoing negotiations are going on. We're
7 making some progress, but we don't want to be
8 stonewalled on a time frame and miss something
9 in order to ensure the continuation of Yonkers
10 and a few others like Monticello that will also
11 be affected by this.
12 SENATOR STACHOWSKI: If the
13 Senator would continue to yield.
14 ACTING PRESIDENT MARCELLINO:
15 Senator, do you continue to yield?
16 SENATOR LARKIN: Yes, Mr.
17 President.
18 ACTING PRESIDENT MARCELLINO: The
19 Senator yields.
20 SENATOR STACHOWSKI: Senator,
21 couldn't we do a shorter extender than a year
22 while you're negotiating since negotiations are
23 in progress and maybe we can alleviate some of
8513
1 the concerns of not only Yonkers but other
2 harness tracks that are fragile in nature anyway
3 and are very concerned about their continued
4 existence if we do happen to go for another year
5 under the current regulations?
6 SENATOR LARKIN: Well, Senator,
7 all of the people that were interested in this
8 were made quite -- were made aware of the
9 proposal, and there was no real problem with it
10 because they were made to understand that what
11 our proposals were, how we were trying to get at
12 it and the time was in order to ensure us that
13 we could do it and do it properly.
14 SENATOR STACHOWSKI: Thank you.
15 On the bill.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Stachowski, on the bill.
18 SENATOR STACHOWSKI: I understand
19 that the parties were made aware of -- that
20 negotiations were going on, and I'm also aware
21 of the fact that Buffalo Raceway, which is in my
22 area, is very concerned about this particular
23 one-year extender. I know that Senator Volker
8514
1 who now has Buffalo Raceway actually in his
2 district is also aware of that same problem.
3 I was made aware today that
4 Yonkers Raceway says if this one-year extender
5 goes and there happens to be no negotiations to
6 change that, that they will be out of business
7 with the passage of this one-year extender and
8 the following year of business.
9 So I don't understand why we
10 can't do a shorter one. I don't know how we can
11 pass -- I know we have to do something. So I'm
12 not going to say I don't know how we can pass
13 this knowing that these tracks, one, for sure
14 will go out of business and possibly others to
15 follow. I don't know why we do it for a year.
16 So with that in mind, I would
17 love to be cooperative and vote for the
18 extender, but the fact is that this will put
19 some tracks in jeopardy. I also understand that
20 the Finger Lakes has problems with this.
21 So that with all these
22 considerations on the negative side, I can't
23 support this bill right now, and I would ask
8515
1 that my colleagues on this side join with me and
2 on the other side in not doing this one-year
3 extender right now and maybe come up with -- I
4 know we have done four months, I saw earlier in
5 Rules. I don't know why we're doing that one,
6 and I think it's a big mistake to do a one-year
7 extender at this time, and I would suggest that
8 people vote in the negative.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 9.
12 ACTING PRESIDENT MARCELLINO:
13 Sen... I'm sorry. Read the last section.
14 THE SECRETARY: This act shall
15 take effect immediately.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 Announce the results, please,
20 when tabulated.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 1594 are
23 Senators Connor, Dollinger, Gold, Lachman,
8516
1 Leichter, Mendez, Onorato, Padavan, Paterson and
2 Stachowski. Ayes 43, nays 10.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 Senator Kuhl.
6 SENATOR KUHL: Yes, Mr.
7 President. Could we call up on the same
8 calendar now, Calendar No. 63, Calendar Number
9 1572 by Senator Hoblock.
10 ACTING PRESIDENT MARCELLINO: The
11 Secretary will read Calendar Number 1572.
12 THE SECRETARY: Calendar Number
13 1572, by Senator Hoblock, Senate Print 3867-C,
14 an act authorizing the town of Colonie Fire
15 Districts.
16 SENATOR KUHL: Mr. President, is
17 there a message of necessity at the desk?
18 ACTING PRESIDENT MARCELLINO:
19 There is, sir.
20 SENATOR KUHL: I'd move we accept
21 the message.
22 ACTING PRESIDENT MARCELLINO: The
23 motion is to move to accept the message of
8517
1 necessity. All in favor say aye.
2 (Response of "Aye".)
3 Opposed, nay.
4 (There was no response.)
5 The message is accepted.
6 The Secretary -- there is also a
7 home rule message at the desk. Read the last
8 section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 53.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 Senator Kuhl.
18 SENATOR KUHL: On that same
19 calendar now, could we call up Senator Rath's
20 bill, Calendar Number 1580.
21 THE SECRETARY: Calendar Number
22 1580, by Senator Rath, Senate Print 7603-A, an
23 act to authorize the trustees of the State
8518
1 University of New York.
2 SENATOR STACHOWSKI: Explanation.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Rath, an explanation has been asked for
5 by Senator Stachowski.
6 SENATOR RATH: Yes. Mr.
7 President, this bill allows the State University
8 of New York at Buffalo to contract with the
9 University of Buffalo foundation to go to bid
10 for leasing land that is on the back of their
11 present North Campus which, of course, those of
12 us from western New York know the vastness of
13 the amount of the campus and the additional
14 vastness of the amount of space at the back of
15 that campus, for student housing purposes only.
16 It would not be for any other purpose, and there
17 is no way to get the student housing out on to
18 what's commonly called the North Campus and
19 short of costing a lot of money one way or the
20 other, this was a plan that was worked out -
21 and apparently it has been done at other times
22 in state -- in the State University of New York,
23 and the property then after 60 years would
8519
1 revert to the State University of New York at
2 Buffalo, and this is an opportunity for them to
3 get student housing on that campus, which is
4 desperately needed, their number one priority on
5 that campus and, again, they want to do it by
6 leasing the land out and having a contractor
7 build the buildings for them.
8 SENATOR STACHOWSKI: Mr.
9 President, would Senator Rath yield for a few
10 questions?
11 SENATOR RATH: Sure.
12 ACTING PRESIDENT MARCELLINO:
13 Senator, will you yield? She yields, Senator.
14 SENATOR STACHOWSKI: Senator, is
15 this bill of major importance to the
16 University?
17 SENATOR RATH: Senator
18 Stachowski, they advise me through the number of
19 meetings that we had with them back over in
20 western New York, this was their number one
21 priority. Of all the things that SUNY-Buffalo
22 is interested in every year, this was number
23 one.
8520
1 SENATOR STACHOWSKI: If the
2 Senator would continue to yield.
3 ACTING PRESIDENT MARCELLINO:
4 Senator, do you continue to yield?
5 SENATOR RATH: Surely.
6 ACTING PRESIDENT MARCELLINO: The
7 Senator yields.
8 SENATOR STACHOWSKI: Would you
9 happen to know if the University is doing
10 anything about the problems they have at the
11 same time with housing, the students in the
12 vicinity of the South Campus which happens to be
13 in an area shared by Assemblyman Hoyt and
14 myself?
15 SENATOR RATH: Senator
16 Stachowski, my understanding is that former
17 Senator now Professor Sheffer, as he has assumed
18 a lot of the responsibilities that were held by
19 now President Moore of Buffalo State, they have
20 a task force that is working through that
21 situation in the university district, because I
22 understand your concerns and I understand
23 Assemblyman Hoyt's concerns for the students as
8521
1 they move from the private dwellings now that
2 are broken up into apartments, and I too am
3 concerned about the university district of the
4 city of Buffalo, maintaining the neighborhood
5 ambiance and what it should be, and there is a
6 real sincere concern about that, Senator, and,
7 yes, there is a task force working on that.
8 SENATOR STACHOWSKI: Mr.
9 President, if Senator Rath would continue to
10 yield.
11 ACTING PRESIDENT MARCELLINO:
12 Senator, do you continue to yield? She
13 continues to yield.
14 SENATOR RATH: Surely.
15 SENATOR STACHOWSKI: Senator, do
16 you know if this bill is directed towards any
17 particular developer to do the project?
18 SENATOR RATH: No. The UB
19 foundation would be going out for public bids.
20 They are required by law to go for public bids.
21 The contract between UB and the foundation is a
22 direction of the responsibility from the
23 University to the foundation but the foundation
8522
1 goes for bids.
2 SENATOR STACHOWSKI: Senator, did
3 you have these meetings in Albany or in western
4 New York with the University?
5 SENATOR RATH: This was said to
6 us at the luncheon that they hosted for us that
7 day, as you'll recall, in downtown Buffalo. All
8 of the members of the delegation came in, and
9 they had a laundry list of things that they were
10 interested in, and actual meetings, Senator, I
11 can't say that it was -- they were actually
12 meetings, but this one came to the top of their
13 list of interests, and we started to advance it
14 and draft the legislation.
15 SENATOR STACHOWSKI: Mr.
16 President, if Senator Rath would continue.
17 SENATOR RATH: Surely.
18 ACTING PRESIDENT MARCELLINO: The
19 Senator continues to yield.
20 SENATOR STACHOWSKI: Does the
21 University have somebody that they send to
22 Albany that would talk to you about an issue
23 like this?
8523
1 SENATOR RATH: Yes. I believe
2 Molly McKeown was here and it was an oversight.
3 She wanted to talk with you and, unfortunately,
4 that didn't happen, and I would apologize that I
5 did not follow through and make sure that that
6 happened.
7 SENATOR STACHOWSKI: Thank you,
8 Senator.
9 I appreciate Senator Rath
10 apologizing, and it's really not her fault and
11 she doesn't have any reason to apologize for
12 this, but it's amazing to me that the University
13 would have a number one priority bill to do this
14 bill and then they have other representatives
15 representing other parts of the University, same
16 school, SUNY-Buffalo, that have other unique
17 problems and not only wouldn't they stop by to
18 tell you about this number one priority, they
19 must have thought it was a waste of time to
20 discuss it with us.
21 I have nothing against the
22 University. I happen to think that the idea may
23 not be that bad. I know that Assemblyman Hoyt
8524
1 is very concerned about doing anything in the
2 housing at the North Campus until there is a
3 solution for the South Campus. I don't
4 necessarily feel that that's the order that it
5 has to be in, but I'm really miffed that the
6 University still does have somebody that comes
7 here and that I didn't hear from them.
8 I have -- I'm really not going to
9 ask anybody to vote against this. I'm going to
10 decide while -- when I sit down if I'm going to
11 vote for it or not. I just can't believe that
12 these oversights continue to happen, because if
13 people expect you to vote for bills and they
14 know who you are and they know where to find you
15 on other situations, it's always amazing to me
16 that they can't find you when this is their
17 number one priority.
18 I think it's really unique
19 because last year Syracuse had a bill that was a
20 major issue to them. I'm not from Syracuse, but
21 the chancellor talked to me about it. I mean,
22 he's probably more important and busier than the
23 person whose job is government liaison for SUNY
8525
1 Buffalo, but the chancellor of the University of
2 Syracuse took the time out of his day to at
3 least talk to me about a bill that was important
4 to him. I'm just sorry that the University of
5 Buffalo's government liaison person is just too
6 busy to get that kind of thing done, and I'm
7 going to vote no on the bill.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section, please.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 SENATOR STACHOWSKI: Slow roll
16 call.
17 SENATOR GOLD: Slow roll call.
18 ACTING PRESIDENT MARCELLINO: Are
19 there five members standing? All right. Five
20 members are standing, and the Secretary will
21 call the roll slowly but not that slowly. Can
22 we have the bells rung so that everyone knows
23 we're calling the roll slowly.
8526
1 THE SECRETARY: Senator Abate.
2 (There was no response.)
3 Senator Alesi.
4 SENATOR ALESI: Yes.
5 THE SECRETARY: Senator Babbush.
6 (There was no response.)
7 Senator Bruno.
8 (Affirmative indication)
9 Senator Connor.
10 (There was no response.)
11 Senator Cook.
12 SENATOR COOK: Yes.
13 THE SECRETARY: Senator
14 DeFrancisco.
15 SENATOR DeFRANCISCO: I would
16 like to explain my vote.
17 ACTING PRESIDENT MARCELLINO:
18 Senator DeFrancisco, to explain his vote.
19 SENATOR DeFRANCISCO: I want to
20 apologize to Senator Rath that Syracuse
21 University has such outstanding people that they
22 take such care where the chancellor would call
23 individually everybody that he wanted to talk to
8527
1 on a bill, and it's very difficult for everybody
2 else throughout the state to uphold that
3 standard that Syracuse exemplifies in just about
4 everything they do.
5 So I apologize to Senator Rath,
6 but I applaud the chancellor for being so good
7 at what he does and being a citizen of Syracuse,
8 it doesn't surprise me at all.
9 I'll vote yes on this bill.
10 ACTING PRESIDENT MARCELLINO:
11 Senator DeFrancisco will be recorded in the
12 positive.
13 Continue calling the roll.
14 THE SECRETARY: Senator DiCarlo.
15 (There was no response.)
16 Senator Dollinger.
17 SENATOR DOLLINGER: Mr.
18 President, just briefly to explain my vote.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Dollinger.
21 SENATOR DOLLINGER: I'm going to
22 vote with Senator Stachowski on this matter. As
23 I've said on other occasions before this body,
8528
1 what I regard as a disappointing trend, and that
2 is people who represent areas or issues that
3 affect areas which a specific member represents,
4 people don't bother to come and talk.
5 I voted against members for the
6 Greater Rochester Transportation Authority, the
7 last three. They don't bother to come and talk
8 to me. I guess they think they can just talk to
9 some people on some side of the aisle and not
10 bother to come to talk to the people, even
11 though 70 percent of the people who ride on the
12 Transit Authority are my constituents. I regard
13 that as a disappointing trend. I think Senator
14 Stachowski is right. It's just a disappointing
15 approach, whether it's at UB or any place else.
16 I'm voting in the negative.
17 ACTING PRESIDENT MARCELLINO:
18 Gentlemen, ladies, staff, can we please take
19 conversations out of the room. Staff, find your
20 seats. Can we continue to call the roll so we
21 can hear.
22 Thank you.
23 THE SECRETARY: Senator Espada.
8529
1 (There was no response.)
2 Senator Farley.
3 SENATOR FARLEY: Yes.
4 THE SECRETARY: Senator Gold.
5 SENATOR GOLD: Yes.
6 THE SECRETARY: Senator Gonzalez.
7 (There was no response.)
8 Senator Goodman.
9 SENATOR GOODMAN: Yes.
10 THE SECRETARY: Senator Hannon.
11 SENATOR HANNON: Yes.
12 THE SECRETARY: Senator Hoblock.
13 SENATOR HOBLOCK: Yes.
14 THE SECRETARY: Senator Hoffmann.
15 (There was no response.)
16 Senator Holland.
17 SENATOR HOLLAND: Yes.
18 THE SECRETARY: Senator Johnson.
19 (There was no response.)
20 Senator Kruger.
21 SENATOR KRUGER: No.
22 THE SECRETARY: Senator Kuhl.
23 SENATOR KUHL: Aye.
8530
1 THE SECRETARY: Senator Lachman.
2 SENATOR LACHMAN: No.
3 THE SECRETARY: Senator Lack.
4 SENATOR LACK: Aye.
5 THE SECRETARY: Senator Larkin.
6 (There was no response.)
7 Senator LaValle.
8 SENATOR LAVALLE: Explain my
9 vote, Mr. -
10 ACTING PRESIDENT MARCELLINO:
11 Senator LaValle, to explain his vote.
12 SENATOR LAVALLE: Mr. President,
13 I want to compliment Senator Rath because she
14 has worked very hard, very diligent on this bill
15 that is important to her district, her region
16 and has -- really from the time that she
17 received the draft has worked to make changes,
18 to make accommodations so that this bill could
19 be presented in a form that would be presented
20 to us that would be acceptable.
21 It's a shame sometimes when we
22 have processes and there are shortcuts to that
23 process that would taint what might otherwise be
8531
1 a perfect bill, and so I rise to compliment and
2 vote for Senator Rath's bill.
3 I vote in the affirmative.
4 ACTING PRESIDENT MARCELLINO:
5 Senator LaValle will be recorded in the
6 affirmative.
7 Continue the roll call.
8 THE SECRETARY: Senator Leibell.
9 (There was no response.)
10 Senator Leichter.
11 SENATOR LEICHTER: No.
12 THE SECRETARY: Senator Levy.
13 SENATOR LEVY: Aye.
14 THE SECRETARY: Senator Libous.
15 SENATOR LIBOUS: Aye.
16 THE SECRETARY: Senator Maltese.
17 SENATOR MALTESE: Aye.
18 THE SECRETARY: Senator
19 Marcellino.
20 SENATOR MARCELLINO: Aye.
21 THE SECRETARY: Senator Marchi.
22 SENATOR MARCHI: Aye.
23 THE SECRETARY: Senator
8532
1 Markowitz.
2 (There was no response.)
3 Senator Maziarz.
4 SENATOR MAZIARZ: Mr. President.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Maziarz, to explain his vote.
7 SENATOR MAZIARZ: Yes, Mr.
8 President. I just too want to join Sen... in
9 congratulating Senator Rath. I think it's a
10 great bill, and it's unfortunate we have to go
11 through this exercise. I vote aye.
12 Thank you.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Mendez.
15 SENATOR MENDEZ: Explain my vote.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Mendez, to explain her vote.
18 SENATOR MENDEZ: Mr. President, I
19 am supporting this bill because I do understand
20 very well the need for student housing in
21 Buffalo University. On the other hand, I
22 personally resent enormously that the person in
23 charge of government -
8533
1 ACTING PRESIDENT MARCELLINO:
2 Excuse me, Senator. Excuse me.
3 SENATOR MENDEZ: -- that the
4 person in charge of government relations has
5 behaved with such discourtesy towards a member
6 of my Conference.
7 Nevertheless, I do support the
8 bill.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Mendez in the affirmative.
11 Please continue the roll.
12 THE SECRETARY: Senator
13 Montgomery.
14 (There was no response.)
15 Senator Nanula.
16 SENATOR NANULA: No.
17 THE SECRETARY: Senator Nozzolio.
18 SENATOR NOZZOLIO: Aye.
19 THE SECRETARY: Senator Onorato.
20 SENATOR ONORATO: Aye.
21 THE SECRETARY: Senator
22 Oppenheimer.
23 (There was no response.)
8534
1 Senator Padavan.
2 SENATOR PADAVAN: Yes.
3 THE SECRETARY: Senator Paterson.
4 SENATOR PATERSON: No.
5 THE SECRETARY: Senator Present.
6 SENATOR PRESENT: Aye.
7 THE SECRETARY: Senator Rath.
8 SENATOR RATH: Explain my vote.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Rath, to explain her vote.
11 SENATOR RATH: With this being
12 the first piece of legislation that I've had on
13 the floor that asked for a slow roll call, I
14 believe I'm honored that my colleague from the
15 Erie County Legislature is the person that has
16 asked for that slow roll call because it's
17 particularly significant.
18 I think it's significant because
19 when you serve in the Majority, you say some
20 things and do some things. When you serve in
21 the Minority, you say some things and you do
22 some things. When I lefty Erie County, I was a
23 Minority Leader, and I served in Erie County as
8535
1 a Minority for a long, long time. I understand
2 how it is not to have people come to you when
3 there's something that's very important. There
4 was no discourtesy meant. I would like to
5 assure my colleagues that that was not what the
6 circumstance was.
7 There have been a number of times
8 when there have been local bills that have come
9 through that I have reached out to my colleagues
10 in western New York because I felt that there
11 were things that were happening in their
12 district and they weren't hearing about them
13 from anyone else except from me. Informally and
14 casually, they were told about items that they
15 wouldn't have heard about officially until the
16 time to vote came. I don't think that's right.
17 I know how it feels to be in the Minority.
18 I vote yes.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Rath will be recorded in the
21 affirmative.
22 Continue the roll, please.
23 THE SECRETARY: Senator Saland.
8536
1 SENATOR SALAND: Aye.
2 THE SECRETARY: Senator Santiago.
3 (There was no response.)
4 Senator Seabrook.
5 (There was no response.)
6 Senator Sears.
7 SENATOR SEARS: Aye.
8 THE SECRETARY: Senator Seward.
9 SENATOR SEWARD: Yes.
10 THE SECRETARY: Senator Skelos.
11 SENATOR SKELOS: Yes.
12 THE SECRETARY: Senator Smith.
13 (Negative indication)
14 Senator Spano.
15 (There was no response.)
16 Senator Stachowski.
17 SENATOR STACHOWSKI: To explain
18 my vote.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Stachowski, to explain his vote.
21 SENATOR STACHOWSKI: Mr.
22 President, just to make this perfectly clear, I
23 have no trouble with the way Senator Rath has
8537
1 conducted herself in doing this bill. She's
2 always more than gracious, and she lets me know
3 about these projects and talks to us amongst the
4 delegation.
5 The problem with the bill isn't
6 with Senator Rath. It's not with the sponsor.
7 It's with the people that are pushing the bill,
8 if it was such a major bill to them and their
9 number one priority and since I've walked by the
10 people, I'd say three times in the last two
11 weeks -- they said "Hello" very nicely, kept
12 going and I said "Hello" because I didn't know
13 they were up here for any particular reason
14 other than maybe budget items -- I just thought,
15 you know, what would it hurt them to take five
16 minutes out of their time and say, "By the way,
17 this bill is coming together on that housing
18 that we talked about at the luncheon", but they
19 couldn't be bothered.
20 So I guess I'm just trying to
21 make an impression on them that it really
22 wouldn't hurt them just to say, Hey, this is our
23 number one priority. We've worked so hard with
8538
1 Senator Rath's office in putting this together.
2 We finally have it in a form that'll make it
3 happen, and we can do this housing thing in the
4 North Campus, and that'll be great with me
5 because I happen to love the University at
6 Buffalo, but that wasn't the case.
7 So I vote no.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Stachowski will be recorded in the
10 negative.
11 Continue the roll.
12 THE SECRETARY: Senator Stafford.
13 SENATOR STAFFORD: Aye.
14 THE SECRETARY: Senator Stavisky,
15 excused.
16 Senator Trunzo.
17 SENATOR TRUNZO: Yes.
18 THE SECRETARY: Senator Tully.
19 SENATOR TULLY: Aye.
20 THE SECRETARY: Senator Velella.
21 SENATOR VELELLA: Yes.
22 THE SECRETARY: Senator Volker.
23 SENATOR VOLKER: Yes.
8539
1 THE SECRETARY: Senator Waldon.
2 SENATOR WALDON: Explain my vote.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Waldon, to explain his vote.
5 SENATOR WALDON: Mr. President,
6 my colleagues, it is understood that normally
7 when an issue affects the district in which a
8 colleague -- which a colleague represents, I am
9 very reluctant to do anything negative in regard
10 to a vital issue.
11 This is not personal in regard to
12 Senator Rath. I concur with what Senator
13 Stachowski has characterized as her openness and
14 her willingness to work with those of us on this
15 side of the aisle on issues of importance to her
16 district.
17 However, I am incensed that
18 someone who has the stature of Bill Stachowski,
19 who has represented that area for these many
20 years in this chamber and who has an outgoing,
21 gregarious, spirited personality, has a warmth
22 about him that allows even the lobbyists to come
23 to him knowing that they will be well received,
8540
1 to be disrespected, and when you disrespect
2 Stachowski, I believe that you disrespect the
3 entire Democratic Conference, and it is for that
4 reason, the disrespect shown by the lobbyists to
5 Bill Stachowski, that I will stand with him on
6 this issue and I will vote in the no, and I hope
7 that in the future when the votes are closer,
8 when something that will affect his region may
9 need one or two votes to make it, that the
10 lobbyists will remember that they blew it this
11 time in terms of respect for him and maybe
12 they'll come see him the next time.
13 Thank you, Mr. President.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Waldon in the negative.
16 Continue the roll.
17 THE SECRETARY: Senator Wright.
18 SENATOR WRIGHT: Aye.
19 ACTING PRESIDENT MARCELLINO:
20 Would you call the absentees, please.
21 THE SECRETARY: Senator Abate.
22 SENATOR ABATE: Yes.
23 THE SECRETARY: Senator Babbush.
8541
1 (There was no response.)
2 Senator DiCarlo.
3 SENATOR DiCARLO: Aye.
4 THE SECRETARY: Senator Espada.
5 (There was no response.)
6 Senator Gonzalez.
7 (There was no response.)
8 Senator Hoffmann.
9 (There was no response.)
10 Senator Johnson.
11 SENATOR JOHNSON: Aye.
12 THE SECRETARY: Senator Larkin.
13 SENATOR LARKIN: Aye.
14 THE SECRETARY: Senator Leibell.
15 SENATOR LEIBELL: Aye.
16 THE SECRETARY: Senator
17 Markowitz.
18 SENATOR MARKOWITZ: No.
19 THE SECRETARY: Senator
20 Montgomery.
21 (There was no response.)
22 Senator Oppenheimer.
23 SENATOR OPPENHEIMER: Yes.
8542
1 THE SECRETARY: Senator Santiago.
2 (There was no response.)
3 Senator Seabrook.
4 (There was no response.)
5 Senator Spano.
6 (There was no response.)
7 Ayes 42, nays 10.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 Senator Kuhl -- excuse me,
11 Senator.
12 Senator Abate, why do you rise?
13 SENATOR ABATE: Yes. I'd ask for
14 unanimous consent to be recorded in the negative
15 on Calendar Number 1594.
16 ACTING PRESIDENT MARCELLINO:
17 Senator -- without objection, Senator Abate will
18 be recorded in the negative on Calendar Number
19 1594.
20 SENATOR OPPENHEIMER: Mr.
21 President.
22 ACTING PRESIDENT MARCELLINO:
23 Senator Oppenheimer.
8543
1 SENATOR OPPENHEIMER: With
2 unanimous consent, I'd like to be recorded in
3 the negative on the same bill, 1574.
4 ACTING PRESIDENT MARCELLINO: No
5 objection being heard, Senator Oppenheimer will
6 be recorded in the negative on Calendar Number
7 1594, and Senator Nanula as well?
8 SENATOR NANULA: Mr. President,
9 I'd like to request unanimous consent to be
10 recorded in the negative on Calendar Number 258.
11 ACTING PRESIDENT MARCELLINO: I'm
12 sorry. Senator Nanula will be recorded in the
13 negative on Calendar Number 259. Without
14 objection, no objection being heard, it will be
15 done.
16 Senator Kuhl.
17 SENATOR KUHL: Yes, Mr.
18 President. Continuing with bills on that same
19 calendar, Calendar No. 63, on page 16, if the
20 Secretary would call up Calendar Number 718, by
21 Senator Libous.
22 ACTING PRESIDENT MARCELLINO: The
23 Secretary will read.
8544
1 THE SECRETARY: Calendar Number
2 718, by Senator Libous, Senate Print 6899-A, an
3 act to amend the Mental Hygiene Law and the
4 Education Law.
5 SENATOR KUHL: Mr. President, is
6 there a message of necessity at the desk?
7 ACTING PRESIDENT MARCELLINO:
8 There is, Senator Kuhl.
9 SENATOR KUHL: I'd move we accept
10 the message of necessity.
11 ACTING PRESIDENT MARCELLINO: On
12 the motion to accept the message of necessity,
13 all those in favor signify by saying aye.
14 (Response of "Aye".)
15 Opposed, nay.
16 (There was no response.)
17 The message is accepted.
18 The Secretary will read the last
19 section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
8545
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 54.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 SENATOR KUHL: Mr. President.
6 ACTING PRESIDENT MARCELLINO:
7 Yes, Senator Kuhl.
8 SENATOR KUHL: Would you
9 recognize Senator Spano.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Spano, why do you rise?
12 SENATOR SPANO: Mr. President,
13 had I been in the chamber, I would have voted in
14 the affirmative on Calendar 1580.
15 ACTING PRESIDENT MARCELLINO: The
16 record will so indicate.
17 SENATOR SPANO: Thank you.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Mendez, why do you rise?
20 SENATOR MENDEZ: Mr. President, I
21 want the record to show that yesterday if I
22 would have been in the chamber when the vote was
23 taken on Bill Number -- Calendar Number 1529, I
8546
1 would have voted in the negative.
2 ACTING PRESIDENT MARCELLINO: The
3 record will so show.
4 SENATOR MENDEZ: Thank you.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Kuhl.
7 SENATOR KUHL: Yes, Mr.
8 President. Can we now move to Supplemental
9 Calendar Number 1, go to page 2, and would you
10 have the Secretary call up Calendar Number 1611,
11 by Senator Velella.
12 ACTING PRESIDENT MARCELLINO: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 1611, by Senator Velella, Senate Print 6728-B,
16 an act to amend the Insurance Law, in relation
17 to authorizing fraternal benefit societies.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Kuhl.
20 SENATOR KUHL: Mr. President, is
21 there a message of necessity at the desk?
22 ACTING PRESIDENT MARCELLINO:
23 There is, sir.
8547
1 SENATOR KUHL: I'd move we accept
2 the message of necessity.
3 ACTING PRESIDENT MARCELLINO: On
4 the motion to accept the message of necessity,
5 all in favor signify by saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The message is accepted.
10 The Secretary will read the last
11 section.
12 THE SECRETARY: Section 13. This
13 act shall take effect January 1.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 54.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 Senator Kuhl.
21 SENATOR KUHL: Mr. President, if
22 we may stay on the same calendar, Calendar
23 Supplemental 1, move to page 3, can we have the
8548
1 Secretary call up Calendar Number 1621, by
2 Senator Stafford.
3 ACTING PRESIDENT MARCELLINO: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1621, by Senator Stafford, Senate Print 7711-A,
7 an act to legalize, ratify and confirm the acts
8 and proceedings.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Kuhl.
11 SENATOR KUHL: Yes, Mr.
12 President. Is there a message of necessity at
13 the desk?
14 ACTING PRESIDENT MARCELLINO:
15 There is, sir.
16 SENATOR KUHL: I'd move we accept
17 the message of necessity.
18 ACTING PRESIDENT MARCELLINO: On
19 the motion to accept the message of necessity,
20 all in favor signify by saying aye.
21 (Response of "Aye".)
22 Opposed, nay.
23 (There was no response.)
8549
1 The message is accepted.
2 The Secretary will read the last
3 section. There is a local fiscal impact
4 statement on file.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 53.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 Senator Kuhl, what is your
14 pleasure?
15 SENATOR KUHL: Yes, Mr.
16 President. Would you recognize Senator Spano,
17 please.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Spano.
20 SENATOR SPANO: Mr. President,
21 I'd like to be recorded in the negative on
22 Calendar 1631.
23 ACTING PRESIDENT MARCELLINO:
8550
1 Senator Spano will be recorded in the negative
2 without objection on Calendar Number 1631.
3 SENATOR VELELLA: Mr. President.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Velella.
6 SENATOR VELELLA: I also was out
7 of the chamber when that bill was called and
8 would also like to be recorded in the negative
9 on Calendar Number 1631.
10 ACTING PRESIDENT MARCELLINO: It
11 shall be done, sir, without objection.
12 Senator Kuhl.
13 SENATOR KUHL: Yes, Mr.
14 President, again on Supplemental Calendar Number
15 2, move back to page 2. There was a bill that
16 was previously laid aside, Calendar Number 1615
17 because Senator Leichter was out of the
18 chamber. Could we call that bill up now.
19 ACTING PRESIDENT MARCELLINO: We
20 will call that very worthy bill up now.
21 The Secretary will read the last
22 section.
23 THE SECRETARY: Calendar Number
8551
1 1615, by Senator Marcellino, Senate Print
2 7401-A, an act to amend the General Municipal
3 Law, in relation to authorizing.
4 SENATOR KUHL: Would you read the
5 last section.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 55.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 SENATOR HOFFMANN: Mr. President.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Hoffmann.
19 SENATOR HOFFMANN: I was out of
20 the chamber when Calendar 1594 was called up.
21 I'd request unanimous consent to be recorded in
22 the negative.
23 ACTING PRESIDENT MARCELLINO:
8552
1 Without objection, you will be recorded in the
2 negative.
3 SENATOR HOFFMANN: Thank you.
4 ACTING PRESIDENT MARCELLINO:
5 None being heard, it will be done.
6 Senator Kuhl -- I'm sorry.
7 Senator Levy.
8 SENATOR LEVY: Yes, Mr.
9 President. On behalf of Senator Sears, he
10 wishes to call up Print Number 1177-B, recalled
11 from the Assembly which is now at the desk.
12 ACTING PRESIDENT MARCELLINO: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 1089, by Senator Sears, Senate Print 1177-B, an
16 act to amend the Criminal Procedure Law and the
17 Education Law.
18 SENATOR LEVY: Senator Sears
19 wishes to have the vote reconsidered on this
20 bill.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll on reconsideration, please.
23 (The Secretary called the roll on
8553
1 reconsideration.)
2 THE SECRETARY: Ayes 55.
3 SENATOR LEVY: On behalf of
4 Senator Sears, I'd hand up the following
5 amendments.
6 Thank you very much.
7 ACTING PRESIDENT MARCELLINO: The
8 amendments are received.
9 Senator Spano.
10 SENATOR SPANO: Mr. President, on
11 Calendar 1631, I had asked to be recorded in the
12 negative. I would like to be recorded in the
13 affirmative on 1631, and on Calendar 1594,
14 please have me recorded in the negative.
15 ACTING PRESIDENT MARCELLINO:
16 Without objection, we'll do exactly what you
17 said.
18 Senator Velella.
19 SENATOR VELELLA: Having relied
20 on my distinguished colleague for the calendar
21 number that I wished to vote on in the negative,
22 I have now checked the calendar and realized
23 that 1631, I wish to be recorded in the
8554
1 affirmative, and I had gotten some wrong
2 information and would like to be recorded in the
3 negative on 1594, and it was the last time I
4 will depend on one of my colleagues to give me a
5 calendar number.
6 ACTING PRESIDENT MARCELLINO:
7 Without objection, that's what happens when you
8 rely on those Northerners.
9 Senator Seabrook -- I'm sorry -
10 Senator Kuhl.
11 SENATOR KUHL: Is there any
12 housekeeping at the desk?
13 ACTING PRESIDENT MARCELLINO: Do
14 we have a broom? No, sir.
15 SENATOR KUHL: Well, then, the -
16 ACTING PRESIDENT MARCELLINO: May
17 we please have some order. It's a little
18 confusing in here right now.
19 SENATOR KUHL: Mr. President, we
20 have at this moment done as much as we can do.
21 We have done every bill that's live on Calendar
22 No. 63. We have done every bill that's live and
23 able to be done on Supplemental Calendar Number
8555
1 1. We do have, I believe, some additional work
2 being done in the background to arrange for more
3 bills but in the meantime, we have a number of
4 bills which are high on our calendars, and at
5 the moment what is holding us up is the lack of
6 messages from the second floor to be able to do
7 those.
8 So at this time we will have to
9 stand at ease momentarily until messages arrive
10 from the second floor. When those arrive and as
11 they do arrive, we will continue to do those
12 bills which are marked high on our calendars.
13 ACTING PRESIDENT MARCELLINO: The
14 Senate will stand at ease pending the receipt of
15 messages from the second floor.
16 The Chair would ask all members
17 to be at hand so that we can call you back
18 immediately and promptly, to do the bills at
19 hand. The Senate is at ease.
20 (Whereupon, the Senate stood at
21 ease from 2:14 p.m. until 2:25 p.m.)
22 ACTING PRESIDENT KUHL: The
23 Senate will come to order. Ask the members to
8556
1 find their places, the staff to find their
2 places, please, so that Senator Skelos can be
3 heard.
4 The Chair recognizes Senator
5 Skelos.
6 SENATOR SKELOS: Mr. President
7 and Senator Gold, we have not received any
8 messages yet, so there will be an immediate
9 meeting of the Rules Committee in Room 332 of
10 the Capitol and the Senate will stand at ease
11 pending the receipt of a message or the Rules
12 report.
13 ACTING PRESIDENT KUHL: There
14 will be an immediate meeting of the Rules
15 Committee in the Majority Conference Room, Room
16 332. Immediate meeting of the Rules Committee,
17 Majority Conference Room, Room 332. The Senate
18 continues to stand at ease.
19 (The Senate stood at ease.)
20
21
22
23
8557
1 (Whereupon, at 2:36 p.m., the
2 Senate reconvened.)
3 ACTING PRESIDENT KUHL: Senate
4 will come to order. Ask the members to find
5 their places.
6 Senator Marcellino, the messages
7 are arriving. The Chair recognizes Senator
8 Marcellino.
9 SENATOR MARCELLINO: Mr.
10 President, I believe we have a report of the
11 Rules Committee at the desk. If we do, can we
12 have that read and move to have it accepted?
13 ACTING PRESIDENT KUHL: We do
14 have a report of the Rules Committee at the
15 desk.
16 We will return to the order of
17 reports of standing committees.
18 I'll ask the Secretary to read
19 the Rules report.
20 THE SECRETARY: Senator Bruno,
21 from the Committee on Rules, offers up the
22 following bills directly for third reading:
23 6628A, by Senator Goodman, an act
8558
1 to amend the Real Property Law;
2 7744, by Senator Padavan, an act
3 to amend the Retirement and Social Security Law;
4 7780, by Senator Goodman, an act
5 to amend Chapter 912 of the Laws of 1920;
6 7786, by Senator Stafford, an act
7 to amend the Tax Law;
8 7860, by the Committee on Rules,
9 an act making an appropriation for capital
10 projects liabilities; and
11 7861, by the Committee on Rules,
12 an act making appropriations for June payments
13 to school districts.
14 All bills directly for third
15 reading.
16 SENATOR MARCELLINO: We move the
17 report be accepted.
18 ACTING PRESIDENT KUHL: The
19 motion is to accept the report of the Rules
20 Committee.
21 All those in favor, signify by
22 saying aye.
23 (Response of "Aye.")
8559
1 Opposed nay.
2 (Response of "Nay.")
3 The report of the Rules Committee
4 is accepted.
5 SENATOR GOLD: Sounds like a
6 tie.
7 ACTING PRESIDENT KUHL: Chair
8 recognizes Senator Marcellino.
9 SENATOR MARCELLINO: I believe
10 there is a resolution by Senator Kuhl. I ask
11 that its title be read and move it be adopted.
12 ACTING PRESIDENT KUHL: There is
13 a privileged resolution.
14 Return to the order of motions
15 and resolutions.
16 The Secretary will read the title
17 to the privileged resolution which is at the
18 desk.
19 THE SECRETARY: By Senator Kuhl,
20 Legislative Resolution, commending Keith
21 Cartwright of Elmira, New York, for his heroic
22 action in saving the life of another and for
23 successfully extinguishing a structural fire.
8560
1 ACTING PRESIDENT KUHL: The
2 question is on the resolution.
3 All those in favor, signify by
4 saying aye.
5 (Response of "Aye.")
6 Opposed, nay.
7 (There was no response.)
8 The resolution is adopted.
9 Senator Marcellino.
10 SENATOR MARCELLINO: Mr.
11 President, we would like to re-call Calendar
12 Number 343 from the original calendar of today.
13 Calendar Number 343.
14 ACTING PRESIDENT KUHL: We're on
15 Calendar No. 63, the original calendar of the
16 day. I'll ask the Secretary to read Calendar
17 Number 343, Senate 6004A, by Senator Leibell.
18 THE SECRETARY: Calendar Number
19 343, by Senator Leibell, Senate Print 6004B, an
20 act to amend the Insurance Law, in relation to
21 expanding provisions.
22 ACTING PRESIDENT KUHL: Senator
23 Marcellino.
8561
1 SENATOR MARCELLINO: Mr.
2 President, I believe there is a message of
3 necessity at the desk.
4 ACTING PRESIDENT KUHL: There is
5 a message of necessity at the desk.
6 SENATOR MARCELLINO: I move that
7 it be accepted.
8 ACTING PRESIDENT KUHL: The
9 motion is to accept the message of necessity on
10 Calendar Number 343.
11 All those in favor signify by
12 saying aye.
13 (Response of "Aye.")
14 Opposed nay.
15 (Response of "Nay.")
16 The message is accepted.
17 SENATOR PATERSON: Explanation.
18 ACTING PRESIDENT KUHL: Senator
19 Leibell, an explanation of Calendar Number 343,
20 has been requested by Senator Paterson.
21 SENATOR LEIBELL: Mr. President,
22 this bill expands provisions relating to insur
23 able interest by allowing certain charitable,
8562
1 educational or religious corporations that are
2 not-for-profits to procure or cause to be
3 procured a contract of life insurance upon the
4 person of another and may designate itself as
5 the beneficiary of such contract.
6 ACTING PRESIDENT KUHL: Senator
7 Paterson.
8 SENATOR PATERSON: Mr. President,
9 we can speed this up really quickly if Senator
10 Leibell will yield for just a quick question.
11 ACTING PRESIDENT KUHL: Senator
12 Leibell, do you yield to Senator Paterson?
13 SENATOR LEIBELL: Yes, I do.
14 ACTING PRESIDENT KUHL: The
15 Senator yields.
16 SENATOR PATERSON: How does this
17 bill differ from the "A" print?
18 SENATOR LEIBELL: There is a
19 five-year sunset. This has been negotiated with
20 the Assembly. There is a five-year sunset in
21 this bill, and that's the only difference,
22 Senator.
23 SENATOR PATERSON: Very well.
8563
1 Thank you, Senator.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 55.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Senator Marcellino.
13 SENATOR MARCELLINO: Mr.
14 President, can we stay on that very same
15 Calendar No. 63, and read Calendar Number 623.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read Calendar Number 623, by
18 Senator Saland, Senate Print 6028A.
19 THE SECRETARY: Calendar Number
20 623, by Senator Saland, Senate Print 6028A, an
21 act to amend the Criminal Procedure Law, in
22 relation to mandatory arrests.
23 ACTING PRESIDENT KUHL: Senator
8564
1 Marcellino.
2 SENATOR MARCELLINO: I believe
3 there is a message of necessity at the desk,
4 sir.
5 ACTING PRESIDENT KUHL: There is
6 a message of necessity at the desk, sir.
7 SENATOR MARCELLINO: I move that
8 the message be accepted.
9 ACTING PRESIDENT KUHL: The
10 motion is to accept the message of necessity on
11 Calendar Number 623.
12 All those in favor, signify by
13 saying aye.
14 (Response of "Aye.")
15 Opposed, nay.
16 (There was no response.)
17 The message is accepted.
18 The Secretary will read the last
19 section.
20 THE SECRETARY: Section 3. This
21 act shall take effect in 90 days.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
8565
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 55.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Senator Marcellino.
6 SENATOR MARCELLINO: Mr.
7 President, can we call up Calendar Number 1180,
8 please?
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the title of Calendar Number
11 1180.
12 THE SECRETARY: Calendar Number
13 1180, by Senator Larkin, Senate Print 5786A, an
14 act to amend the Not-For-Profit Corporation Law.
15 ACTING PRESIDENT KUHL: Senator
16 Marcellino.
17 SENATOR MARCELLINO: Yes, Mr.
18 President. I believe you have a message of
19 necessity at the desk on this particular piece
20 of legislation.
21 ACTING PRESIDENT KUHL: There is,
22 Senator Marcellino.
23 SENATOR MARCELLINO: Mr.
8566
1 President, I move that the message be accepted,
2 please.
3 ACTING PRESIDENT KUHL: The
4 motion is to accept the message of necessity on
5 Calendar Number 1180.
6 All those in favor, signify by
7 saying aye.
8 (Response of "Aye.")
9 Opposed, nay.
10 (There was no response.)
11 The message is accepted.
12 Secretary will read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 30th day.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 55.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 Senator Marcellino.
23 SENATOR MARCELLINO: One moment,
8567
1 sir.
2 (Whereupon, there was a pause in
3 the proceedings.)
4 SENATOR MARCELLINO: Mr.
5 President.
6 ACTING PRESIDENT KUHL: Senator
7 Marcellino.
8 SENATOR MARCELLINO: May we have
9 a noncontroversial reading of the supplemental
10 active list for Friday, June 14, which is on all
11 the members' desks at this moment?
12 Supplemental active list.
13 ACTING PRESIDENT KUHL: For the
14 benefit of the members, we're still on Calendar
15 No. 63, the basic calendar which has been
16 provided for you for the day. There is a
17 supplemental active list which has been provided
18 on your desk.
19 The first bill on the supplement
20 al active list is Calendar Number 410. I ask
21 the Secretary to read the noncontroversial
22 reading of the supplemental active list on
23 Calendar No. 63.
8568
1 THE SECRETARY: Calendar Number
2 410, by Senator Wright, Senate Print 6300B, an
3 act to amend the Mental Hygiene Law.
4 ACTING PRESIDENT KUHL: Senator
5 Marcellino.
6 SENATOR MARCELLINO: Is there a
7 message of necessity at the desk, sir?
8 ACTING PRESIDENT KUHL: There is
9 a message of necessity at the desk, Senator
10 Marcellino.
11 SENATOR MARCELLINO: I move that
12 we accept it.
13 ACTING PRESIDENT KUHL: The
14 motion is to accept the message of necessity on
15 Calendar Number 410.
16 All those in favor, signify by
17 saying aye.
18 (Response of "Aye.")
19 Opposed, nay.
20 (There was no response.)
21 The message is accepted.
22 The Secretary will read the last
23 section.
8569
1 THE SECRETARY: Section 3. 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 55.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 579, by Senator Skelos, Senate Print 5730C, an
11 act to amend the General Business Law.
12 SENATOR PATERSON: Lay it aside.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside.
15 THE SECRETARY: Calendar Number
16 918, by Member of the Assembly Weisenberg,
17 Assembly Print 1311C, an act to amend the
18 Education Law.
19 SENATOR STACHOWSKI: Lay it
20 aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
8570
1 1053, by Member of the Assembly Weprin, Assembly
2 Print 4728C, an act to amend the Estates, Powers
3 and Trusts Law.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 55.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 The Secretary will read the title
15 of Calendar Number 918.
16 THE SECRETARY: Calendar Number
17 918, by Member of the Assembly Weisenberg,
18 Assembly Print 1311C, an act to amend the
19 Education Law.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8571
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 55.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 The Secretary will continue to
8 call the noncontroversial reading of
9 supplemental active list. The next bill is
10 Calendar Number 1391, by Senator Marcellino.
11 THE SECRETARY: Calendar Number
12 1391, by Senator Marcellino, Senate Print 7355A,
13 an act to amend the Environmental Conservation
14 Law, in relation to requirements under the
15 federal Clean Air Act.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 6. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 SENATOR PATERSON: Mr. President.
8572
1 ACTING PRESIDENT KUHL: Senator
2 Paterson, why do you rise?
3 SENATOR PATERSON: May we lay
4 that bill aside, please?
5 ACTING PRESIDENT KUHL: Calendar
6 Number 1391 will be laid aside at the request of
7 the Acting Minority Leader, Senator Paterson.
8 The Secretary will continue to
9 call the noncontroversial reading.
10 THE SECRETARY: Calendar Number
11 1487, by Senator Hannon, Senate Print 6615A, an
12 act to amend Chapter 535 of the Laws of 1983.
13 SENATOR PATERSON: Lay it aside.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside.
16 Senator Marcellino.
17 SENATOR MARCELLINO: Mr.
18 President, may we have a reading of the
19 controversial -
20 ACTING PRESIDENT KUHL: For the
21 benefit of the members, we are on Calendar
22 Number 1487, which is on the supplemental active
23 list. It's on the regular calendar. It has
8573
1 been called up.
2 I'll ask the Secretary to read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 55.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 The Chair recognizes Senator
13 Marcellino.
14 SENATOR MARCELLINO: Mr.
15 President, if we can have one moment. We have
16 to check a couple of things.
17 ACTING PRESIDENT KUHL: Senator
18 Marcellino.
19 SENATOR MARCELLINO: Mr.
20 President, can we go to the Supplemental
21 Calendar No. 2, which is at the desk, and take
22 up Calendar Number 1636?
23 ACTING PRESIDENT KUHL: For the
8574
1 benefit of the members, we're moving to
2 Supplemental Calendar -- Supplemental Calendar
3 -- the calendar that has just been distributed
4 out to your desk. The bills are on your desk,
5 also. We're going to go, on page 1, down to
6 Calendar Number 1636, a Rules bill, Senate Print
7 7860.
8 I'll ask the Secretary to read.
9 THE SECRETARY: Calendar Number
10 1636, by the Committee on Rules, Senate Print
11 7860, an act making appropriations for capital
12 projects liabilities.
13 ACTING PRESIDENT KUHL: Senator
14 Marcellino.
15 SENATOR MARCELLINO: Mr.
16 President, is there a message of necessity at
17 the desk?
18 ACTING PRESIDENT KUHL: There is
19 a message of necessity and appropriation at the
20 desk.
21 SENATOR MARCELLINO: I appreciate
22 the correction, and I move that both the message
23 of necessity and appropriation be accepted.
8575
1 ACTING PRESIDENT KUHL: The
2 motion is to accept the message of necessity and
3 appropriation on Calendar Number 1636.
4 All those in favor of the motion,
5 signify by saying aye.
6 (Response of "Aye.")
7 Opposed, nay.
8 (There was no response.)
9 Secretary will read the last
10 section.
11 THE SECRETARY: Section 5. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 55.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Marcellino.
20 SENATOR MARCELLINO: Mr. Presi
21 dent, on the same calendar, Senate Supplemental
22 Calendar No. 2, may we take up Bill Number
23 1637?
8576
1 ACTING PRESIDENT KUHL: Same
2 calendar, same page, Calendar Number 1637, Rules
3 Print 7861.
4 I ask the Secretary to read.
5 THE SECRETARY: Calendar 1637, by
6 the Committee on Rules, Senate Print 7861, an
7 act making appropriation for June payments to
8 school districts.
9 ACTING PRESIDENT KUHL: Senator
10 Marcellino.
11 SENATOR MARCELLINO: Is there a
12 message of necessity and appropriation on the
13 bill at the desk?
14 ACTING PRESIDENT KUHL: There is
15 a message of necessity and appropriation at the
16 desk.
17 SENATOR MARCELLINO: I move we
18 accept both messages.
19 ACTING PRESIDENT KUHL: The
20 motion is to accept the message of necessity and
21 appropriation on Calendar Number 1637.
22 All those in favor, signify by
23 saying aye.
8577
1 (Response of "Aye.")
2 Opposed, nay.
3 (There was no response.)
4 The message is accepted.
5 The Secretary will read the last
6 section.
7 THE SECRETARY: Section 7. 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 55.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 Senator Marcellino.
16 SENATOR MARCELLINO: Mr.
17 President, may we stay on Senate Supplemental
18 Calendar No. 2 and read in the regular order?
19 ACTING PRESIDENT KUHL: We are on
20 the same calendar, Supplemental Calendar No. 2.
21 I'll ask the Secretary to read the noncontrover
22 sial reading, beginning with Calendar Number
23 1632, by Senator Goodman.
8578
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1632. Senator Goodman moves to discharge from
4 the Committee on Rules Assembly Bill 10588A and
5 substitute it for the identical Senate Bill
6 6628A.
7 ACTING PRESIDENT KUHL:
8 Substitution is ordered.
9 Secretary will read the title.
10 THE SECRETARY: Calendar Number
11 1632, by the Assembly Committee on Rules,
12 Assembly Print 10588A, an act to amend the Real
13 Property Law and the Real Property Tax Law.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 55.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
8579
1 THE SECRETARY: Calendar Number
2 1633, by Senator Padavan, Senate Print 7744, an
3 act to amend the Retirement and Social Security
4 Law.
5 ACTING PRESIDENT KUHL: The bill
6 is high. Lay the bill aside.
7 THE SECRETARY: Calendar Number
8 1634, by Senator Goodman, Senate Print 7780, an
9 act to amend Chapter 912 of the Laws of 1920.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect in 120 days.
14 SENATOR STACHOWSKI: Lay it
15 aside.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside at the request of Senator Stachowski.
18 THE SECRETARY: Calendar Number
19 1635, by Senator Stafford, Senate Print 7786, an
20 act to amend the Tax Law.
21 ACTING PRESIDENT KUHL: The bill
22 is high. Lay the bill aside.
23 SENATOR MARCELLINO: Mr.
8580
1 President, can we call up Bill 1634?
2 ACTING PRESIDENT KUHL: For the
3 benefit of the members, we're on Supplemental
4 Calendar No. 2, page 1.
5 I ask the Secretary to read the
6 title to Calendar Number 1634, Senate Print
7 7780, by Senator Goodman.
8 THE SECRETARY: Calendar Number
9 1634, by Senator Goodman, Senate Print 7780, an
10 act to amend Chapter 912 of the Laws of 1920,
11 relating to allowing and regulating boxing,
12 sparring and wrestling matches.
13 SENATOR STACHOWSKI: Explanation.
14 ACTING PRESIDENT KUHL: Senator
15 Goodman, an explanation of Calendar Number 1634
16 has been requested by Senator Stachowski.
17 SENATOR GOODMAN: Mr. President,
18 this bill emanates from an investigation by the
19 Senate Investigations Committee of a new form of
20 combative contest known, broadly speaking, as
21 "ultimate fighting" or "battlecade". This is a
22 contest in which two contestants are placed -
23 I gather we need a little order,
8581
1 Mr. President.
2 The contestants are placed in an
3 octagonal-shaped ring, and they are allowed to
4 battle one another without any limitations of
5 time -- in other words, there are no rhymes in
6 the contest -- until one of them has either
7 choked the other into unconsciousness or has
8 pummeled him to the point where his face looks
9 something like the chopped meat you would see in
10 a butcher case in a store, in which blood oozes
11 from your chopped meat.
12 In short, this is an
13 extraordinarily unique form of contest which it
14 is generally agreed at this point requires
15 regulation, so the thrust of this bill is to
16 place it under the aegis of the State Athletic
17 Commission, which at the moment has no control
18 over these bouts, and will enable them to use
19 their discretion in bringing about an
20 appropriate set of rules and regulations which
21 will prevent these fights from inflicting
22 extraordinary injury on the contestants.
23 ACTING PRESIDENT KUHL: Senator
8582
1 Stachowski.
2 SENATOR STACHOWSKI: Mr.
3 President, will Senator Goodman yield for a
4 question?
5 SENATOR GOODMAN: Yes, I will.
6 ACTING PRESIDENT KUHL: The
7 Senator yields.
8 SENATOR STACHOWSKI: So the
9 essence of this bill is merely to put it under
10 the Athletic Commission, and they will develop a
11 set of rules and regulations, and then they will
12 be able to have these ultimate fights if some
13 promoter so desired to have them in any city in
14 New York?
15 SENATOR GOODMAN: That is
16 correct.
17 SENATOR STACHOWSKI: Explana
18 tion's satisfactory.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect in 120 days.
23 ACTING PRESIDENT KUHL: Call the
8583
1 roll.
2 (The Secretary called the roll.)
3 SENATOR LAVALLE: (Indicating.)
4 THE SECRETARY: Ayes 55.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 Senator Marcellino.
8 SENATOR MARCELLINO: Mr.
9 President, can we take up Calendar Number 1599
10 on the original active list?
11 ACTING PRESIDENT KUHL: Senator
12 LaValle, was it your intention to vote in the
13 negative on the last calendar that was called,
14 1634, by Senator Goodman?
15 SENATOR LAVALLE: Yes, it was.
16 ACTING PRESIDENT KUHL: Without
17 objection, hearing no objection, Senator LaValle
18 will be recorded in the negative.
19 Similar request, Senator
20 Hoffmann. Without objection, hearing no
21 objection, Senator Hoffmann will be recorded in
22 the negative on Calendar Number 1634.
23 We'll go to the original
8584
1 calendar, Calendar No. 63, page 42, Calendar
2 Number 1599, Senate Print 7826, a bill by
3 Senator Seward. I will ask the Secretary to
4 read the title.
5 THE SECRETARY: Calendar Number
6 1599, by Senator Seward, Senate Print 7826, an
7 act to amend the Public Service Law and the
8 Uniform Commercial Code.
9 ACTING PRESIDENT KUHL: Senator
10 Marcellino.
11 SENATOR MARCELLINO: Mr.
12 President, is there a message of necessity at
13 the desk?
14 ACTING PRESIDENT KUHL: There is
15 a message of necessity at the desk, Senator
16 Marcellino.
17 SENATOR MARCELLINO: I move we
18 adopt it.
19 ACTING PRESIDENT KUHL: The
20 motion is to accept the message of necessity on
21 Calendar Number 1599.
22 All those in favor, signify by
23 saying aye.
8585
1 (Response of "Aye.")
2 Opposed, nay.
3 (There was no response.)
4 Message is accepted.
5 Secretary will read the last
6 section.
7 ACTING PRESIDENT KUHL: Senator
8 Seward, an explanation of Calendar Number 1599
9 has been requested -
10 SENATOR SEWARD: Yes, Mr.
11 President.
12 ACTING PRESIDENT KUHL: -- by
13 multiple intervenors.
14 SENATOR SEWARD: Pardon me?
15 Mr. President, this bill
16 establishes a financing mechanism through which
17 electric rates could be reduced as a result of
18 lower cost financing of certain intangible
19 utility assets, such things as IPP contracts,
20 demand side management programs, environmental
21 remediation programs, things of that sort.
22 The bill authorizes utilities, on
23 a voluntary basis, I would point out, to present
8586
1 a rate reduction plan to the Public Service
2 Commission for approval using this law, and that
3 plan would propose raising from a level of an
4 expectation to a level of an actual property
5 right, these intangible assets belonging to the
6 utility, and under the proposed law the
7 Commission would be required to review the plan,
8 determining that significant ratepayer savings
9 would result as a precondition of accepting the
10 plan -- and that's written right into the bill
11 -- and approve the plan as a whole or in part.
12 So, in return for this, the
13 Commission, under the bill, would be authorized
14 to obtain certain concessions from the utility,
15 and while such concessions are left to the
16 discretion of the PSC to work out on a
17 case-by-case basis, examples could be multi-year
18 rate reductions or a writedown of a portion of
19 the utility's stranded costs.
20 This is a temporary measure.
21 This bill would expire at the end of the year in
22 the year 2000. It would provide lower rates in
23 a bridge to competition through this financing
8587
1 mechanism.
2 ACTING PRESIDENT KUHL: Senator
3 Paterson.
4 SENATOR PATERSON: Mr. President,
5 it seems from this legislation that the con
6 sumers are going to have to pay for it, and in
7 projects such as the Shoreham power plant, you'd
8 wonder why the consumers would have to do it
9 rather than the rate -- shareholders.
10 And so if you had a situation
11 like the Shoreham plant, does this guarantee
12 that there would be a charge-back to the
13 consumer? If the Senator would yield for an
14 answer to that question.
15 SENATOR SEWARD: Mr. President, I
16 would respond to Senator Paterson this way:
17 Quite the contrary, Senator. This plan would -
18 under a provision in the bill, would be -- would
19 have to result in a significant rate reduction
20 before the plan would be approved by the PSC.
21 There would be no other option. This would not
22 benefit the stockholder. This is benefiting the
23 ratepayer specifically under the bill, because
8588
1 under this mechanism it would provide lower cost
2 financing for some of these so-called intangible
3 assets of the utility.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson.
6 SENATOR PATERSON: Mr. President,
7 just to summarize and maybe try to truncate the
8 process a little bit.
9 What this bill means, as far as
10 we're concerned, is that the consumer is going
11 to get back, really, pennies for a tremendous
12 amount of money that's going to have to be paid
13 into the system, and we don't think that it's
14 going to inure to the benefit of the consumers
15 who are the ratepayers in this particular
16 circumstance.
17 SENATOR LEICHTER: Mr. President.
18 ACTING PRESIDENT KUHL: Senator
19 Leichter.
20 SENATOR LEICHTER: Yes, Mr.
21 President.
22 I'm not sure, under this bill,
23 Senator Paterson, that the consumer will get
8589
1 back even pennies. The irony of this bill and,
2 I submit, its inherent contradiction is that it
3 promises lower costs to the ratepayers but in
4 order to get those lower costs, you are going to
5 have to pay an enormous amount because the
6 ratepayers are the ones that are going to have
7 to pick up all of these various capital costs,
8 the so-called stranded costs, and all of that is
9 going to be passed on to the ratepayer, and what
10 I think is objectionable is that none of that is
11 borne by the utility itself or the shareholders.
12 So I don't see where the benefit
13 is to the ratepayer. In fact, very likely, this
14 is going to increase costs. Certainly,
15 initially, it's going to increase costs.
16 I would be extremely wary of this
17 bill. This is at best -- well, I won't say at
18 best, but I think this is a Trojan horse.
19 ACTING PRESIDENT KUHL: Senator
20 Dollinger.
21 SENATOR DOLLINGER: Will Senator
22 Seward yield to a question?
23 ACTING PRESIDENT KUHL: Senator
8590
1 Seward, do you yield to a question from Senator
2 Dollinger?
3 SENATOR SEWARD: Certainly.
4 ACTING PRESIDENT KUHL: The
5 Senator yields.
6 SENATOR DOLLINGER: I know,
7 Senator, the stranded cost is a critically
8 important one as utilities face competition. I
9 know your longstanding concern on this issue.
10 But just so I make sure I
11 understand it, this bill says that if utilities
12 can use another borrowing method to reduce their
13 borrowing costs, that is a benefit to the
14 ratepayers because there's less cost going into
15 the rate. Is that correct?
16 SENATOR SEWARD: That's basically
17 correct, yes.
18 SENATOR DOLLINGER: Then they
19 would get a qualified order -- a qualified rate
20 order, which would establish the ability of the
21 utility to pass the stranded costs on to the
22 ratepayers but at a lower borrowing rate. Is
23 that correct?
8591
1 SENATOR SEWARD: Well, Mr.
2 President, it is difficult at this point in time
3 to say exactly what would happen because the
4 Public Service Commission would deal with these
5 plans on a case-by-case basis. So we are not,
6 under this bill, setting up a specific scenario
7 that would cover every situation. We are
8 setting up the mechanism so that determinations
9 such as the one that you have outlined could be
10 possible, but it is done on a case-by-case
11 basis. It would have to be approved by the
12 Public Service Commission. We are merely
13 setting up the mechanism for it to happen.
14 But the bottom line is this: By
15 securing all or part of these so-called in
16 tangible assets, the utilities would be able to
17 borrow capital at a much lower financing cost
18 and those savings would be transferred to the
19 ratepayer in the form of lower electric rates.
20 SENATOR DOLLINGER: Again,
21 through you, Mr. President.
22 ACTING PRESIDENT KUHL: Senator
23 Seward, do you continue to yield?
8592
1 SENATOR DOLLINGER: If Senator
2 Seward would continue to yield.
3 SENATOR SEWARD: Yes.
4 ACTING PRESIDENT KUHL: The
5 Senator continues to yield.
6 SENATOR DOLLINGER: As I
7 understand it, under current law, the issue of
8 who would pay the stranded cost is an issue that
9 would be resolved by the PSC in a fashion in
10 which, assuming after a full proceeding, the PSC
11 would make some allocation of those stranded
12 costs to be paid by ratepayers and some other
13 allocation to be paid by stockholders or
14 shareholders of the utility companies. Is that
15 correct?
16 SENATOR SEWARD: Well, Senator,
17 this legislation is merely a supplemental tool.
18 It will not replace what the current decision
19 making process is on these types of issues.
20 This merely provides an additional option for
21 dealing with this very expensive problem, which
22 now, incidentally, the ratepayer is already
23 paying for.
8593
1 SENATOR DOLLINGER: Right, a very
2 substantial -
3 SENATOR SEWARD: We're attempting
4 to provide a manner in which the ratepayer would
5 be paying less.
6 SENATOR DOLLINGER: But what -
7 again, through you, Mr. President.
8 ACTING PRESIDENT KUHL: Senator
9 Seward, do you continue to yield?
10 SENATOR SEWARD: Yes.
11 ACTING PRESIDENT KUHL: The
12 Senator continues to yield.
13 SENATOR DOLLINGER: What I'm
14 trying to understand is that under a current
15 proceeding, the issue of what cost goes into the
16 rates includes some portion of the stranded
17 costs, the intangible assets, because the PSC in
18 sitting down and trying to figure out what the
19 rate will be says, "A certain portion of that
20 we're going to allow to be charged to the rate,
21 and a certain portion of that we're going to
22 just not allow to be charged in the rate, and
23 the stockholders and shareholders will have to
8594
1 pick up that additional cost."
2 Is that correct? It's done in a
3 full proceeding where the PSC looks at the cost
4 of the asset and the management decisions that
5 go into these assets and all the factors that
6 the PSC would have to look at in trying to
7 apportion how much of the cost -- the stranded
8 cost is going to be paid for by the ratepayer
9 versus how much is just going to be left there
10 to be picked up by the shareholder in a
11 reduction in profit. Is that correct?
12 SENATOR SEWARD: Well, this
13 legislation is dealing with the portion that is
14 currently being picked up by the ratepayer, and
15 so -- in large portion is currently being picked
16 up by the ratepayer, and so what this does is
17 add an additional option that would -- could be
18 exercised as long as that option, under the law,
19 provided for significant rate relief.
20 SENATOR DOLLINGER: Right. But
21 again through you, Mr. President.
22 ACTING PRESIDENT KUHL: Senator
23 Seward, do you continue to yield?
8595
1 Senator continues to yield.
2 SENATOR DOLLINGER: What I'm
3 trying to make sure I understand is, what this
4 bill will do is it alters the current PSC
5 methods of divvying up the stranded asset cost
6 between ratepayers and shareholders, and what it
7 says is that if you can show some rate relief by
8 a reduction in borrowing, you can take more of
9 the stranded cost and pass that on to the
10 ratepayer. Because they're getting the break
11 from a reduction in borrowing costs, you can
12 shift more of the cost to the ratepayer. Is
13 that a fair description?
14 SENATOR SEWARD: Mr. President, I
15 wouldn't describe it as a fair representation
16 because the issue of how these stranded costs
17 are going to be dealt with is still an open
18 question. Right now, the -- and that's an open
19 question from FERC at the federal level and, of
20 course, our own PSC. So those determinations
21 are yet to be made.
22 Right now, the ratepayer, I'm
23 telling you, is getting hit right in the neck
8596
1 with high electric rates, and what we are
2 attempting to do under this bill is to provide
3 an additional option and give full protection to
4 that ratepayer because we -- as I said, it
5 specifies that it would have to be significant
6 rate relief. That's the ultimate goal of this
7 legislation, and it's not a hope or a dream.
8 This legislation couldn't be implemented unless
9 it does provide that significant rate relief.
10 SENATOR DOLLINGER: On the bill,
11 Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 Dollinger, on the bill.
14 SENATOR DOLLINGER: I appreciate
15 the explanation from the Chairman of the Energy
16 Committee.
17 I understand the promise that
18 this bill contains. I'm somewhat skeptical that
19 promise will be realized. As I understand it,
20 what this bill does is, this bill says that we
21 currently have a mechanism which allows the PSC
22 to look at the stranded cost. It's a huge
23 problem, as you and I have discussed -- the
8597
1 Chairman of the Energy Committee and I have
2 discussed. There's a huge problem in the
3 stranded cost in the era of competition that, in
4 essence, they are going to be saddled with
5 regulatory requirements and regulatory assets -
6 regulatory-generated assets, whether it's the
7 IPPs or other things, that they have an extreme
8 disadvantage in making the transition to a
9 competitive energy market because they've got
10 all these assets they're carrying on their books
11 which are what we would call, I guess, in the
12 private sector "non-full producing assets" -
13 IPPs generating power at excess cost, not a
14 productive asset in their portfolio.
15 My concern in this bill is that
16 what we're, in essence, saying is that there's a
17 possibility that if we can borrow at less money,
18 reduce our borrowing cost, we will be able to
19 shift to the ratepayer a greater portion of the
20 stranded asset cost than would otherwise, under
21 our current process, be shifted to them.
22 And I appreciate the efforts of
23 the Energy Committee's chair, but it seems to me
8598
1 that there is a danger in this bill that you
2 would have a significant -- even though you
3 could show a minor benefit or possible benefit,
4 as Senator Leichter said, of rate reduction
5 because of the reduced borrowing costs, by
6 shifting a greater portion of the stranded costs
7 or by giving an incentive to shift more of the
8 stranded costs to the rate base rather than to
9 the shareholders as would be done under the
10 current system, we may be sending the wrong
11 message.
12 So, I'm going to reluctantly vote
13 against this. This is a very complicated bill,
14 a very complicated issue. To some extent, I
15 regret that it comes out this late in the
16 session. I know it came from the second floor.
17 I would like to commit the
18 efforts of this side of the aisle to continue to
19 look at the stranded cost issue, to continue to
20 look at the divvying up between ratepayers and
21 shareholders to try to see whether we can come
22 up with a way to make this work and provide
23 relief for utilities. They are going to have to
8599
1 face a competitive environment in the future,
2 but it seems to me that at least at this point
3 I'm not fully confident that this will produce
4 significant reductions for the ratepayers in the
5 long run.
6 So I appreciate the effort. I
7 guess I'm in the skeptical column and under
8 those circumstances, I will be voting in the
9 negative. But I look forward, perhaps, at some
10 special session later this year or some other
11 time in the near future to look at this issue
12 again. Maybe I will better understand it, and
13 maybe we can seek the final answer about what
14 this really means to ratepayers.
15 Thank you.
16 ACTING PRESIDENT KUHL: Senator
17 Leichter.
18 SENATOR LEICHTER: Yes, Mr.
19 President. I want to ask Senator Seward one
20 question, please.
21 SENATOR SEWARD: Certainly.
22 ACTING PRESIDENT KUHL: Senator
23 Seward yields, Senator Leichter.
8600
1 SENATOR LEICHTER: I'm not sure
2 that you explained this. Why do you make it -
3 why is the order of the PSC irrevocable? Why
4 does that order have to be irrevocable?
5 Assuming they proceed in good faith and they
6 think there's going to be a reduction in rates
7 and they push onto the ratepayers these stranded
8 costs, if it turns out that because of changed
9 economic conditions or their projections were
10 wrong that the ratepayers are really paying
11 more, why does that initial determination have
12 to be irrevocable?
13 SENATOR SEWARD: Mr. President,
14 really, the answer to that is, the whole thrust
15 of this legislation is directed toward setting
16 up a mechanism for lower cost financing of these
17 so-called intangible assets which are actually
18 costs to the utility ratepayers. So the words
19 in terms of being irrevocable are in there to
20 provide, shall we say, a greater comfort level
21 to the bondholders so that they will be asking
22 for a lower interest rate. That's the whole
23 idea of the lower cost financing, those lower
8601
1 costs being transferred to the ratepayers in the
2 form of lower rates.
3 SENATOR LEICHTER: Mr. President,
4 again, just briefly.
5 I think that's an understandable
6 reason. But I'm not so sure -- you know, we
7 deal with the high interest rates that these
8 utilities are paying. I'm not sure that's
9 really the case at all, and it's hard for me to
10 see how this is really going to provide a
11 savings to the ratepayers. What you're doing
12 through these irrevocable orders, even though
13 there is an economic justification for it, as
14 you point out, Senator Seward, is to really make
15 sure that all of these stranded costs, these
16 very, very substantial costs reflecting, in
17 part, mistakes that the utilities have made,
18 expensive purchases, plants that never should
19 have been built, all of that -- irrevocably now
20 -- irrevocably will have to be paid by the
21 ratepayer. None of it will have to be borne by
22 the shareholders.
23 I think, as I said -- and it may
8602
1 not be so intended but this may be a Trojan
2 horse that's going to end up with the ratepayers
3 in New York State paying more and more and more
4 and higher and higher rates over the years. I
5 think that's probably the likely outcome of this
6 legislation.
7 ACTING PRESIDENT KUHL: Is there
8 any other Senator wishing to speak on the bill?
9 Senator Paterson.
10 SENATOR PATERSON: Mr. President,
11 I concur with what Senator Leichter said, and
12 for those who are supporting this legislation, I
13 just simply ask this question:
14 Can you guarantee the ratepayers
15 of New York State, can you guarantee all of
16 those who are in the catchment area of Niagara
17 Mohawk who live upstate in this particular area,
18 with all of the stranded costs, with two major
19 nuclear power plants in this state, with all of
20 the related issues and stranded costs, as I said
21 before, that that may entail, can we guarantee
22 that there will be a reduction in rates to the
23 consumer? I don't think so. I don't think we
8603
1 can guarantee that at all, and that's why I
2 would urge a no vote on this particular bill.
3 ACTING PRESIDENT KUHL: Senator
4 Hoffmann.
5 SENATOR HOFFMANN: I share some
6 of the concerns of my colleague from Rochester,
7 Senator Dollinger, who finds it difficult to
8 understand all of the provisions of the bill and
9 what it will ultimately do, and I appreciated
10 the explanation from the Chairman of the Energy
11 Committee, and I will have to accept on face
12 value the explanation today, because my
13 overriding concern, as the Senator who
14 represents the corporate headquarters of Niagara
15 Mohawk, is the viability of that company as an
16 industry in Central New York at this point, and
17 -- this is a very big caveat -- on the ability
18 of Niagara Mohawk to make preferential
19 arrangements for reduced cost power to a number
20 of existing businesses in Central New York that
21 literally face the prospect of leaving this
22 state because of high utility costs, in addition
23 to Workers' Comp' and other unresolved issues.
8604
1 If we're not going to address
2 Workers' Comp' in a timely fashion in this
3 Legislature, I would at least like to be able to
4 go back and tell the people of Central New York
5 that we're attempting to grapple with the cost
6 of high energy, specifically through Niagara
7 Mohawk. So I will take on good faith the
8 explanation given to us today and cast my vote
9 in the affirmative for this measure.
10 ACTING PRESIDENT KUHL: Is there
11 any other Senator wishing to speak on the bill?
12 (There was no response.)
13 Hearing none, the Secretary will
14 read the last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 SENATOR SEWARD: To explain my
21 vote.
22 ACTING PRESIDENT KUHL: Record
23 the negatives.
8605
1 Senator Seward to explain his
2 vote.
3 SENATOR SEWARD: Yes, Mr.
4 President. I acknowledge that this legislation
5 before us is a bit complex and complicated. I
6 fully acknowledge that. I would say, in voting
7 for this legislation, I do not want any member
8 of this body to be left with the impression that
9 this legislation in any way will result in
10 higher electric rates for any ratepayer in the
11 state of New York. Quite the contrary.
12 We are voting, by supporting this
13 legislation, for lower electric rates. We are
14 not shifting stranded costs to the ratepayer
15 from the stockholders of utilities. Quite
16 frankly, today, the ratepayer is paying through
17 the nose for these stranded costs and these
18 other intangible assets which are really
19 expenses for the utility.
20 This legislation provides an
21 additional option for lower financing of these
22 intangible assets. It's a way, quite frankly,
23 for the PSC to shift more of the stranded costs
8606
1 over to the stockholders through the forms of
2 writedowns and other concessions on the part of
3 the utilities before they could approve a plan
4 under this legislation.
5 I think we are -- by passing this
6 legislation, we are really voting for lower
7 electric rates in this state, and I vote aye
8 because we desperately need those lower electric
9 rates.
10 ACTING PRESIDENT KUHL: Senator
11 Seward will be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 1599: Senators
15 Abate, Connor, Dollinger, Gold, Kruger,
16 Leichter, Markowitz, Mendez, Nanula, Onorato,
17 Oppenheimer, Paterson, Stachowski, Waldon. Ayes
18 41, nays 14.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 Senator Marcellino.
22 SENATOR MARCELLINO: Mr.
23 President, can we take up Calendar Number 1600,
8607
1 by Senator Seward.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the title to Calendar Number
4 1600.
5 THE SECRETARY: Calendar Number
6 1600, by Senator Seward, Senate Print 7827, an
7 act to amend the Public Service Law.
8 ACTING PRESIDENT KUHL: Senator
9 Marcellino.
10 SENATOR MARCELLINO: Mr.
11 President, is there a message of necessity at
12 the desk?
13 ACTING PRESIDENT KUHL: There is
14 a message of necessity at the desk.
15 SENATOR MARCELLINO: I move that
16 it be adopted.
17 ACTING PRESIDENT KUHL: The
18 motion is to accept the message of necessity on
19 Calendar Number 1600.
20 All those in favor, signify by
21 saying aye.
22 (Response of "Aye.")
23 Opposed, nay.
8608
1 (There was no response.)
2 The message is accepted.
3 Senator Seward, an explanation of
4 Calendar Number 1600 has been requested by
5 Senator Paterson.
6 SENATOR SEWARD: Certainly, Mr.
7 President. While we're on the theme of lower
8 electric rates, I'm very pleased to explain this
9 particular piece of legislation.
10 This bill is intended to provide
11 rate relief and job retention for businesses
12 that retain jobs in the state of New York
13 without shifting the burden of this relief onto
14 the shoulders of other classes of ratepayers,
15 such as residential customers.
16 The bill does this by
17 establishing a partnership in economic
18 development wherein the State Power Authority
19 and the major utilities would combine to provide
20 400 megawatts of economic development power to
21 businesses which are likely to close or curtail
22 operations, relocate out of state or leave the
23 grid entirely. This is a temporary program
8609
1 aimed at assisting the businesses to retain jobs
2 during the transition to competition in the
3 electric industry.
4 An application for this economic
5 development lower cost power would have to be
6 made within three years and the contracts for
7 the power could not exceed three years. This is
8 a bridge to competition to save jobs in New York
9 in the meantime.
10 The Power Authority would
11 contribute 200 megawatts from its FitzPatrick
12 plant, and utilities would contribute a like
13 amount. The PASNY power combined with a like
14 amount of the utility power would be wheeled by
15 the utility to these businesses needing this
16 lower cost power.
17 ACTING PRESIDENT KUHL: Senator
18 Paterson.
19 SENATOR PATERSON: Thank you, Mr.
20 President.
21 On the bill. I think that
22 Senator Seward's plan is actually a workable
23 plan. It actually could help to reduce rates
8610
1 for businesses, as he has just demonstrated.
2 I'm far more sure that it can than the last
3 bill, which I think is the 1996 version of the
4 six-cent law.
5 But on this particular piece of
6 legislation, the problem I have with it is the
7 Economic Development Power Allocation Board.
8 This board would have four members on it, two of
9 them appointees of the Governor, one of them is
10 the Majority Leader, and this is exactly the
11 kind of configuration that opens the door to
12 charges that this is not really a genuine
13 attempt to lower rates.
14 This is obviously a political
15 process. We're not blaming anybody for the fact
16 that it is, but to construct a board with such
17 high level state officials on it really is just
18 opening the door to all kinds of scrutiny and
19 all kinds of accusations that there is more to
20 this than may meet the eye.
21 I am not presuming anything but I
22 must state that in situations such as this,
23 where we have the capacity to lower rates for
8611
1 businesses, where we're really trying to
2 simulate economic development, we have to be
3 scrupulously careful about how we construct
4 these types of boards; and so that the political
5 charge cannot be made, we have to have some
6 assurance that there is real monitoring by
7 professionals in the field, by individuals who
8 are aware of what power authorities need, what
9 small companies that offer power can deliver,
10 and not some sort of situation which looks like
11 some kind of transparent opportunity to create
12 some kind of a wasteland or some other sort of
13 endeavor that would not be based on merit but
14 would be based on some other qualification. I
15 don't need to spell that out specifically, and
16 I'm not accusing that it's actually been done.
17 I'm just staying that this is exactly the kind
18 of process that in a tainted situation could
19 inure to the detriment, not the assistance, of
20 small businesses that need help.
21 ACTING PRESIDENT KUHL: Senator
22 Hoffmann.
23 SENATOR HOFFMANN: Mr. President,
8612
1 I wonder if Senator Seward would be so kind as
2 to yield to a question?
3 SENATOR SEWARD: Certainly, Mr.
4 President.
5 ACTING PRESIDENT KUHL: The
6 Senator yields.
7 SENATOR HOFFMANN: Thank you.
8 Senator Seward, are you familiar
9 with the situation currently faced by Owl Wire
10 in Canastota relative to the high cost of
11 electricity?
12 SENATOR SEWARD: Mr. President, I
13 have seen some -- I guess, some headlines and
14 some press on it, but I can't tell you I'm
15 intimately familiar with the problem, no.
16 SENATOR HOFFMANN: Senator
17 Seward, would you yield for a second question?
18 SENATOR SEWARD: Certainly.
19 ACTING PRESIDENT KUHL: The
20 Senator yields.
21 SENATOR HOFFMANN: I don't mean
22 to catch you off guard with the specifics of the
23 Owl Wire situation. I realize in your capacity
8613
1 as Chairman of the Energy Committee, you are
2 aware of many operating facilities around the
3 state, manufacturing concerns, that are faced
4 with high cost of electricity and find
5 themselves at a competitive disadvantage. Owl
6 Wire is just one of dozens in this state.
7 However, Owl Wire is at a very
8 critical point right now and faces the imminent
9 loss of 500 jobs to a much lower electrical rate
10 in one of the southern states that is actively
11 seeking its business through preferential
12 rates.
13 My question to you, Senator
14 Seward, would this measure allow our state
15 agencies the ability they need to reach a swift
16 and accommodating negotiation that would permit
17 Owl Wire a preferential treatment on a short
18 term basis that might conceivably make the
19 difference in allowing them to stay in New York
20 State and thrive and to possibly expand?
21 SENATOR SEWARD: Well, Senator,
22 if you have a business in your district that has
23 500 jobs threatening to leave the state and has
8614
1 every possibility of leaving the state, one of
2 the problems that business faces and one of the
3 reasons for leaving would be the high cost of
4 electricity, this legislation is designed
5 specifically to help a situation such as you
6 have outlined. I don't have all the details.
7 Now, we have -- this legislation
8 solves a number of problems, one of which is
9 this. We have the State Power Authority with
10 relatively inexpensive power, and this has been
11 a tremendous tool for us in terms of economic
12 development in this state, but one big problem
13 we've had is we have the Power Authority with
14 the inexpensive power and the utilities of the
15 state controlling the transportation network in
16 terms of getting that power to a business such
17 as you have outlined.
18 Because of the partnership that
19 we're forming under this bill with the utilities
20 and the Power Authority coming together to
21 provide this economic development power, we will
22 be able to react in this state to situations
23 like you have mentioned much more rapidly
8615
1 because we won't be in this negotiation that's
2 gone on -- very difficult, in many cases -
3 between the Power Authority and local utilities
4 in terms of how we're going to get the power
5 there, and the like.
6 So with what little you have told
7 me about that situation, I just believe that
8 this bill would provide the kind of relief that
9 that company is looking for.
10 SENATOR HOFFMANN: Thank you,
11 Senator Seward.
12 Mr. President, on the bill.
13 The loss of businesses in this
14 state right now is no longer a trickle. We are
15 hemorrhaging to death in this state, and one of
16 the recurring complaints from businesses, large
17 and small, is high cost of energy.
18 I have frequently found myself in
19 a situation where a long-term employer in my
20 district has sought preferential power through
21 the Power Authority only to be told that they
22 would have to wait until an allocation became
23 available or until special legislation created a
8616
1 larger pool, that the existing pool simply was
2 not able to accommodate their needs no matter
3 how desperately they needed remediation in power
4 rates at the present time.
5 If this measure, as has been
6 explained by Senator Seward, will address this
7 problem, then I will embrace it wholeheartedly
8 and do everything in my power to see that some
9 meaningful negotiations take place with the
10 other house so that it can, in fact, be enacted.
11 We're really past the point where
12 we can be overly concerned about concentrating
13 too much political power in the hands of one or
14 two state agencies. The reality of the
15 situation is that we must have a way that we can
16 quickly address the needs of industries that are
17 being courted aggressively by other states not
18 overladen with the kind of bureaucratic
19 stranglehold that we suffer from in New York
20 State. We have to be able to come in with a
21 quick and effective fix to give low cost power
22 to existing employers in New York State.
23 I urge my colleagues on this side
8617
1 of the aisle to support this measure, knowing
2 that that concern is as serious as any other
3 issue facing the state today.
4 ACTING PRESIDENT KUHL: Senator
5 Dollinger.
6 SENATOR DOLLINGER: Mr.
7 President, just briefly.
8 As acting ranking member on the
9 Energy Committee, I'm going to vote in favor of
10 this bill, even though there are -- at least one
11 part of it that I don't like, and that is the
12 composition of the board, I think, is a
13 political problem, quite frankly. My hope is
14 that in discussions with the Assembly that
15 political problem will be worked out.
16 I agree with Senator Paterson,
17 who spoke about it, that composition seems to be
18 a little tilted and perhaps could use some more
19 balance.
20 But I think the concept of
21 continuing the flexible rate structure to, in
22 essence, set aside a certain amount of power
23 that we will provide at GRT reduced rates to
8618
1 certain customers throughout the state of New
2 York, who have the ability to get up and walk
3 out if they find that their GRT is too high or
4 their utility rate is too high, makes good
5 sense.
6 As I understand it, this will
7 expand that pool from 200 million to 400 million
8 megawatts. I think the concept moves in the
9 right direction, and I think the only loser in
10 this process is the state of New York, who comes
11 up with less GRT because there will be a
12 reduction in GRT on this 400 million megawatts.
13 So, to some extent, I would like
14 to see a greater continuation of both this
15 partner -- power partnership and also the
16 flexible rate concept because I think that works
17 well, too. That has a shareholder component of
18 sharing of the cost in it. So I think this
19 continues to move in the right direction. I
20 frankly think, in negotiations, the composition
21 of this board, the political composition will be
22 worked out, and we'll end up with a continuation
23 of the approach which says we're going to use
8619
1 our power resources as a form of economic
2 development.
3 So I will be voting in favor of
4 this bill, Mr. President.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 8. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Those recorded in
13 the negative on Calendar Number 1600 are
14 Senators Leichter, Markowitz and Paterson. Ayes
15 52, nays 3.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 Senator Marcellino.
19 SENATOR MARCELLINO: Mr.
20 President, I believe we have a privileged
21 resolution at the desk by Senator Stachowski.
22 May we have the title read, and we'll move to
23 adopt.
8620
1 ACTING PRESIDENT KUHL: Return to
2 motions and resolutions.
3 There is a privileged resolution
4 at the desk. I'll ask the Secretary to read the
5 title.
6 THE SECRETARY: By Senator
7 Stachowski, Legislative Resolution commemorating
8 the 15th Anniversary of the Arts and Education
9 Institute of Western New York in recognition of
10 the institute's 15th Anniversary Visitors Day,
11 Monday, June 24, 1996.
12 ACTING PRESIDENT KUHL: Question
13 is on the resolution.
14 All those in favor, signify by
15 saying aye.
16 (Response of "Aye.")
17 Opposed, nay.
18 (There was no response.)
19 The resolution is adopted.
20 Senator Marcellino.
21 SENATOR MARCELLINO: Mr.
22 President, may we now take up Bill Number 1379
23 -- Calendar Number 1379, the original active
8621
1 list. I believe it's by Senator Spano.
2 ACTING PRESIDENT KUHL: On page
3 34 of Calendar No. 63, the first calendar, the
4 Secretary will read the title to Calendar Number
5 1379, by Senator Spano.
6 THE SECRETARY: Calendar Number
7 1379, by Senator Spano, Senate Print 6575A, an
8 act to amend the Labor Law, the Tax Law, and the
9 Administrative Code of the City of New York.
10 ACTING PRESIDENT KUHL: Senator
11 Marcellino.
12 SENATOR MARCELLINO: Mr.
13 President, is there a message of necessity at
14 the desk?
15 ACTING PRESIDENT KUHL: There is.
16 SENATOR MARCELLINO: May we have
17 that adopted, please?
18 ACTING PRESIDENT KUHL: The
19 motion is to accept the message of necessity on
20 Calendar Number 1379.
21 All those in favor, signify by
22 saying aye.
23 (Response of "Aye.")
8622
1 Opposed, nay.
2 (There was no response.)
3 The message is accepted.
4 Is there any Senator wishing to
5 speak on the bill?
6 (There was no response.)
7 Hearing none, Secretary will read
8 the last section.
9 THE SECRETARY: Section 8. 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 55.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 Senator Marcellino.
18 SENATOR MARCELLINO: If we may
19 have a moment, sir.
20 Mr. President.
21 ACTING PRESIDENT KUHL: Senator
22 Marcellino.
23 SENATOR MARCELLINO: May we call
8623
1 up on the same calendar, Calendar Number 1577,
2 by Senator Wright.
3 ACTING PRESIDENT KUHL: On page
4 39, Calendar No. 63, the Secretary will read the
5 title to Calendar Number 1579, by Senator
6 Hannon.
7 SENATOR MARCELLINO: No, 1577.
8 ACTING PRESIDENT KUHL: 1577.
9 SENATOR MARCELLINO: By Senator
10 Wright.
11 ACTING PRESIDENT KUHL: By
12 Senator Wright.
13 THE SECRETARY: Calendar Number
14 1577, by Senator Wright, Senate Print 7584A, an
15 act to amend the Alcoholic Beverage Control Law,
16 in relation to ownership of licensed premises.
17 ACTING PRESIDENT KUHL: Senator
18 Marcellino.
19 SENATOR MARCELLINO: I believe
20 there is a message of necessity at the desk,
21 sir.
22 ACTING PRESIDENT KUHL: There is.
23 SENATOR MARCELLINO: I move to
8624
1 accept it.
2 ACTING PRESIDENT KUHL: The
3 motion is to accept the message of necessity on
4 Calendar Number 1577.
5 All those in favor, signify by
6 saying aye.
7 (Response of "Aye.")
8 Opposed, nay.
9 (There was no response.)
10 Message is accepted.
11 Any Senator wishing to speak on
12 the bill?
13 (There was no response.)
14 Hearing none, the Secretary will
15 read the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 120th day.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 55.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
8625
1 Senator Marcellino.
2 SENATOR MARCELLINO: May we now
3 move to Calendar Number 1161, by Senator
4 Hoblock.
5 ACTING PRESIDENT KUHL: On page
6 31 of Calendar 63, the Secretary will read the
7 title to Calendar Number 1161, by Senator
8 Hoblock.
9 THE SECRETARY: Calendar Number
10 1161, by Senator Hoblock, Senate Print 7083B, an
11 act to amend the Vehicle and Traffic Law, in
12 relation to taxicab partitions and shields.
13 ACTING PRESIDENT KUHL: Senator
14 Marcellino.
15 SENATOR MARCELLINO: Mr.
16 President, is there a message of necessity at
17 the desk?
18 ACTING PRESIDENT KUHL: There is.
19 SENATOR MARCELLINO: I move that
20 we accept it.
21 ACTING PRESIDENT KUHL: The
22 motion is to accept the message of necessity on
23 Calendar Number 1161.
8626
1 All those in favor, signify by
2 saying aye.
3 (Response of "Aye.")
4 Opposed, nay.
5 (There was no response.)
6 The message is accepted.
7 Is there any Senator wishing to
8 speak on Calendar Number 1161?
9 (There was no response.)
10 Hearing none, the Secretary will
11 read the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 55.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 Senator Marcellino.
21 SENATOR MARCELLINO: Mr.
22 President, at this time, can we take up Calendar
23 Number 490 -- 490, by Senator Leibell.
8627
1 ACTING PRESIDENT KUHL: On page
2 10, Calendar No. 63, the Secretary will read the
3 title to Calendar Number 490, by Senator
4 Leibell.
5 THE SECRETARY: Calendar Number
6 490, by Senator Leibell, Senate Print 6134A, an
7 act to amend the Public Authorities Law, in
8 relation to powers of the State of New York
9 Mortgage Agency.
10 ACTING PRESIDENT KUHL: Senator
11 Marcellino.
12 SENATOR MARCELLINO: Mr.
13 President, is there a message of necessity at
14 the desk?
15 ACTING PRESIDENT KUHL: There is.
16 SENATOR MARCELLINO: May we move
17 to have it accepted?
18 ACTING PRESIDENT KUHL: The
19 motion is to accept the message of necessity on
20 Calendar Number 490.
21 All those in favor, signify by
22 saying aye.
23 (Response of "Aye.")
8628
1 Opposed, nay.
2 (There was no response.)
3 The message is accepted.
4 Is there any Senator wishing to
5 speak on Calendar Number 490?
6 (There was no response.)
7 Hearing none, the Secretary will
8 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 55.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 SENATOR MARCELLINO: Mr.
18 President.
19 ACTING PRESIDENT KUHL: Senator
20 Marcellino.
21 SENATOR MARCELLINO: May we turn
22 to the second supplemental calendar and call up
23 Bill Number 1635, please. Senator Farley will
8629
1 discuss.
2 ACTING PRESIDENT KUHL: On
3 Supplemental Calendar No. 2, page 1, the
4 Secretary will read the title to Calendar Number
5 1635, by Senator Stafford.
6 THE SECRETARY: Calendar Number
7 1635, by Senator Stafford, Senate Print 7786, an
8 act to amend the Tax Law, in relation to
9 franchise taxation of thrift reserves for loan
10 losses.
11 Senator Marcellino.
12 SENATOR MARCELLINO: Mr.
13 President, is there a message of necessity at
14 the desk?
15 ACTING PRESIDENT KUHL: There is.
16 SENATOR MARCELLINO: I move that
17 we accept it.
18 ACTING PRESIDENT KUHL: The
19 motion is to accept the message of necessity on
20 Calendar Number 1635.
21 All those in favor, signify by
22 saying aye.
23 (Response of "Aye.")
8630
1 Opposed, nay.
2 (There was no response.)
3 The message is accepted.
4 Is there any Senator wishing to
5 speak on Calendar Number 1635?
6 (There was no response.)
7 Hearing none, the Secretary will
8 read the last section.
9 THE SECRETARY: Section 4. 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 55.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 Senator Marcellino.
18 SENATOR MARCELLINO: Mr.
19 President, may we now turn to the Supplemental
20 Active List for Friday, June 14, and may we call
21 up Calendar Number 579 at this time, please?
22 ACTING PRESIDENT KUHL: Secretary
23 will read Calendar Number 579 on the
8631
1 Supplemental Active List for Calendar No. 63.
2 THE SECRETARY: Calendar Number
3 579, by Senator Skelos, Senate Print 5730C, an
4 act to amend the General Business Law.
5 ACTING PRESIDENT KUHL: Senator
6 Marcellino?
7 (There was no response.)
8 Any Senator wishing to speak on
9 the bill?
10 (There was no response.)
11 Hearing none, we'll read the last
12 section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first day of
15 January.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 55.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 SENATOR MARCELLINO: Mr.
23 President.
8632
1 ACTING PRESIDENT KUHL: Senator
2 Marcellino.
3 SENATOR MARCELLINO: Mr.
4 President. May we at this time reconsider the
5 vote by which Calendar Number 1628 was passed?
6 ACTING PRESIDENT KUHL: We're on
7 Supplemental Calendar No. 1, page 4, Calendar
8 Number 1628, previously passed the house.
9 The motion is to reconsider the
10 vote by which the bill passed the house. I will
11 ask the Secretary to call the roll on
12 reconsideration.
13 THE SECRETARY: Calendar Number
14 1628, by the Assembly Committee on Rules,
15 Assembly Bill Number 11026, an act making
16 appropriation.
17 ACTING PRESIDENT KUHL: The
18 Secretary will call the roll on reconsideration.
19 (The Secretary called the roll on
20 reconsideration.)
21 THE SECRETARY: Ayes 55.
22 ACTING PRESIDENT KUHL: The bill
23 is before the house.
8633
1 Senator Marcellino.
2 SENATOR MARCELLINO: Mr. Presi
3 dent, do we now have a message of appropriation?
4 ACTING PRESIDENT KUHL: There is
5 a message of appropriation at the desk.
6 SENATOR MARCELLINO: I move that
7 we accept it.
8 ACTING PRESIDENT KUHL: The
9 motion is to accept the message of appropriation
10 which is at the desk.
11 All those in favor of accepting
12 the message, signify by saying aye.
13 (Response of "Aye.")
14 All those opposed, nay.
15 (There was no response.)
16 The message of appropriation is
17 accepted.
18 The Secretary will read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
8634
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 55.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Senator Marcellino, we have one
6 piece of housekeeping at the desk. We can take
7 that up.
8 SENATOR MARCELLINO: Sure. Take
9 up motions and resolutions.
10 ACTING PRESIDENT KUHL: Return to
11 motions and resolutions.
12 Chair recognizes Senator
13 DiCarlo.
14 SENATOR DiCARLO: Thank you, Mr.
15 President.
16 On behalf of Senator Levy, I wish
17 to call up Bill Print 5960, recalled from the
18 Assembly, which is now at the desk.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read.
21 THE SECRETARY: By Senator Levy,
22 Senate Print 5960, an act to amend the Vehicle
23 and Traffic Law.
8635
1 SENATOR DiCARLO: Mr. President,
2 I now move to reconsider the vote by which this
3 bill was passed.
4 ACTING PRESIDENT KUHL: The
5 motion is to reconsider the vote by which the
6 bill passed the house.
7 The Secretary will call the roll
8 on reconsideration.
9 (The Secretary called the roll on
10 reconsideration.)
11 THE SECRETARY: Ayes 55.
12 ACTING PRESIDENT KUHL: The bill
13 is before the house.
14 Senator DiCarlo.
15 SENATOR DiCARLO: Mr. President,
16 I now offer the following amendments.
17 ACTING PRESIDENT KUHL:
18 Amendments are received and adopted.
19 Senator Marcellino.
20 SENATOR MARCELLINO: Mr.
21 President, may we go back to the Supplemental
22 Active List of Friday, June 14, of this current
23 year and take up Calendar Number 1391, by
8636
1 Senator Marcellino? Never heard of him.
2 ACTING PRESIDENT KUHL: We will
3 return to the Supplemental Active List of the
4 regular calendar, Calendar No. 63. I will ask
5 the Secretary to read Calendar Number 1391, by
6 Senator Marcellino.
7 THE SECRETARY: Calendar Number
8 1391, by Senator Marcellino, Senate Print 7355A,
9 an act to amend the Environmental Conservation
10 Law.
11 SENATOR MARCELLINO: Mr.
12 President, this bill changes the state's
13 Title V Program, makes changes which are
14 necessary in order for the DEC to gain full
15 approval from the EPA for their Title V
16 program. Failure to receive approval from the
17 EPA could result in the imposition of federal
18 sanctions as well as the implementation of the
19 federal program where EPA would take over the
20 program responsible for permitting New York's
21 Title V sources, and EPA would collect the per
22 ton emission fees from such sources for deposit
23 in the U.S. Treasury.
8637
1 The EPA has informed New York
2 State that the state's Title V program can not
3 receive full approval without making these
4 necessary changes. Both NYPIRG and EPL have
5 criticized this bill because it -- excuse me.
6 SENATOR SKELOS: Mr. President,
7 there will be an immediate meeting of the Rules
8 Committee in Room 332 of the Capitol.
9 ACTING PRESIDENT KUHL: There
10 will be an immediate meeting of the Rules
11 Committee -- immediate meeting of the Rules
12 Committee in the Majority Conference Room, Room
13 332.
14 Thank you for the interruption,
15 Senator Marcellino. If you wait just a minute,
16 I think with people leaving for the Rules
17 Committee, it will quiet down, and then you will
18 be able to continue with your explanation.
19 Senator Marcellino.
20 SENATOR MARCELLINO: As I stated
21 before, Mr. President, both NYPIRG and EPL had
22 criticized this bill because it allows the DEC
23 to change the Title V permit application dead
8638
1 line in order to match the deadline requirement
2 of the EPA. The EPA, in recognition of the
3 complexity of the new Title V permitting
4 program, is allowing states to use a total of
5 five years to make the program fully operational
6 rather than the three years currently allowed in
7 New York State statute.
8 It is in the best interest of New
9 York to take advantage of this federal deadline
10 extension. Both DEC and approximately 1,000
11 facilities required to apply will benefit from
12 the extension. DEC will have more time to
13 permit -- to process permit applications, while
14 industry, in particular small businesses, will
15 have more time to prepare permit applications.
16 Additionally, the public will have more time to
17 participate in the permit process.
18 Over 80 percent of the heaviest
19 sources have already been incorporated under the
20 process. The 20 percent we're talking about are
21 the small businesses which do not have the
22 staffs or the resources of these larger
23 businesses. They still must comply with all
8639
1 emission guidelines. This does not permit them
2 to pollute. It simply gives them more time to
3 do paperwork while they must still meet all
4 standards under the guidelines. So there is no
5 way in which we're letting them off the hook;
6 we're simply allowing them a little extra time
7 to do some paperwork.
8 I note that the environmental
9 advocates, EPL, opposes this legislation and
10 there is a sentence that is repeated twice in
11 their memo of opposition, and it says, "...to
12 allow the DEC to take as much time as they want
13 to approve all operating permits for stationary
14 sources."
15 That is clearly not the intent of
16 this bill. We are now allowing anybody to take
17 as much time as they want to. We are simply
18 saying let this state comply with the federal
19 level and the federal time span.
20 This will be a good bill that
21 will permit us to allow small businesses to come
22 into compliance. The state will avoid being
23 sanctioned by the federal government and the
8640
1 loss of whatever fines the state might want to
2 impose on those businesses that do not comply.
3 We think it's a good bill and
4 worthy of being accepted.
5 ACTING PRESIDENT KUHL: Senator
6 Leichter.
7 SENATOR LEICHTER: Mr. President,
8 will Senator Marcellino yield, please?
9 ACTING PRESIDENT KUHL: Senator
10 Marcellino, do you yield?
11 SENATOR MARCELLINO: Yes, sir.
12 ACTING PRESIDENT KUHL: The
13 Senator yields.
14 SENATOR LEICHTER: As I
15 understand it, the main purpose of this bill is
16 in relation to the DEC's plan to try to bring
17 New York State into compliance with federal
18 clean air standards. Is that correct?
19 SENATOR MARCELLINO: Yes.
20 SENATOR LEICHTER: Right, and as
21 you and I know, and everybody else here, we have
22 had an abysmal record of complying, and DEC -
23 and I'm not blaming the current administration
8641
1 because it goes back to the previous
2 administration -- has had a very unfortunate
3 record in meeting deadlines. The Legislature
4 would say, Have a report by such and such a
5 date. They would just ignore it.
6 We have ignored federal
7 requirements, and in many other ways, we failed
8 to act as aggressively as we need to, to see
9 that the people of this state have clean air.
10 Now, my concern is that, as I
11 understand, the main purpose of your bill isn't
12 small business, and so on. The main purpose of
13 your bill is to give DEC more time, which we can
14 do in compliance with federal law as you rightly
15 point out. But my question to you is, is that
16 of real benefit, to give this agency which has
17 been such a laggard and has been so tardy, to
18 give them more time?
19 Why not try to hold their feet to
20 the water? Why not say the three years, which I
21 believe you mentioned, they have now? If later
22 it turns out, for justifiable reason, they need
23 more time, do that.
8642
1 So my question is, shouldn't we
2 try to keep them on a fairly tight leash?
3 SENATOR MARCELLINO: Senator, New
4 York State has already had an advanced air
5 permitting program when Title V was enacted, and
6 New York State is ahead of many states, and our
7 permits are still in place. 60 percent -- under
8 this five-year transition plan, 60 percent of
9 all Title V facilities representing 80 percent
10 of the aggregate emissions would come under,
11 "must receive their permits within the first
12 three years," and will.
13 We are, in fact, allowing those
14 smaller businesses a little more time for
15 paperwork purposes only. They must comply with
16 all emissions standards. They are not given
17 relief from compliance with the emission
18 standards. The only thing we're giving them is
19 some time to fill out paperwork which the EPA at
20 a federal level has recognized is extremely
21 complicated and is allowing everyone to have
22 five years.
23 So I agree with you. In the
8643
1 past, the DEC has had an abysmal record and the
2 state of New York is not -- should not be overly
3 happy with that. However, in this particular
4 situation, we're not impacting air quality;
5 we're simply taking time with paperwork.
6 ACTING PRESIDENT KUHL: Senator
7 Leichter.
8 SENATOR LEICHTER: Mr. President,
9 just very briefly on the bill.
10 I thank my good friend Senator
11 Marcellino. I understand his point.
12 I would say that in weighing the
13 various considerations, balancing them, it seems
14 the most important thing is to try to get the
15 state of New York as quickly as possible into
16 compliance with the federal Clean Air Act.
17 Obviously, this is not a merely
18 technical issue. It's a matter of -- you see
19 the trouble I'm having breathing. It's clearly
20 a matter of the welfare, the health of the
21 people of the state of New York, and the feeling
22 is that if you extend the permitting period two
23 more years, that's going to become the time when
8644
1 action is going to be taken instead of being
2 taken more expeditiously. It's for that reason
3 that EPL and NYPIRG have opposed it, their
4 thrust being we ought to move as quickly as we
5 possibly can, keep DEC's feet to the fire, make
6 all of the various sources of pollutants comply
7 as quickly as possible.
8 DEC, as I understand it, has the
9 staff. They can process these within three
10 years. If they need more staff, we would
11 provide it. But it's certainly not to the
12 benefit of the health of New Yorkers to extend
13 this period by two more years.
14 SENATOR MARCELLINO: Mr.
15 President, just to get the record clear.
16 Again, we are not extending
17 compliance with air emission quality standards.
18 Every business will still be held to the full
19 air quality standards of their pre-permitting
20 process. They must comply. We're talking about
21 paperwork here. This is a case where these
22 environmental organizations, these activist
23 organizations, once again have not looked at the
8645
1 bill and read it carefully.
2 Similar to what Senator LaValle
3 pointed out yesterday with respect to Senator
4 Volker's bill, they reissued a memo in
5 opposition on a bill that no longer existed.
6 This memo in opposition -- as I read to you, it
7 does not give unlimited time. This is clearly a
8 misstatement. It was pointed out, and they
9 refused to change it.
10 I don't really care if you are in
11 opposition or you disagree, but at least be
12 accurate. I mean they are supposed to be
13 accurate if they are going to give us
14 information.
15 So in this case, what we think we
16 are doing is a good thing. In fact, these
17 necessary amendments that are made in this bill
18 to the Title V program will actually benefit the
19 environment. A great benefit of this bill is
20 that it requires the DEC to consider a source's
21 fugitive emissions when calculating their
22 overall emissions. This will result in more
23 success, more sources being subject to Title V
8646
1 sources, thus providing for even greater
2 protection of the environment.
3 I move this bill be accepted,
4 sir.
5 ACTING PRESIDENT KUHL: Is there
6 any other Senator wishing to speak on the bill?
7 (There was no response.)
8 If not, the Secretary will read
9 the last section.
10 THE SECRETARY: Section 6. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 Record the negatives. Announce
16 the results when tabulated.
17 THE SECRETARY: Those recorded in
18 the negative on Calendar Number 1391 are
19 Senators Abate, Connor, Dollinger, Gold,
20 Goodman, Hoffmann, Leibell, Leichter, Markowitz,
21 Nanula, Onorato, Oppenheimer, Paterson,
22 Seabrook, Stachowski and Waldon. Ayes 39, nays
23 16.
8647
1 ACTING PRESIDENT KUHL: Bill is
2 passed.
3 Senator Marcellino.
4 SENATOR MARCELLINO: Mr.
5 President, can we call up Calendar 529, by
6 Senator Holland. I believe it's the active
7 calendar, active list on the main calendar.
8 ACTING PRESIDENT KUHL: On page
9 11, Calendar No. 63, first calendar of the day.
10 The Secretary will read the title of Calendar
11 Number 529, by Senator Holland.
12 THE SECRETARY: Calendar Number
13 529, by Senator Holland, Senate Print 5536C, an
14 act to amend the Real Property Tax Law.
15 ACTING PRESIDENT KUHL: Senator
16 Marcellino.
17 SENATOR MARCELLINO: Mr.
18 President, is there a message of necessity at
19 the desk?
20 ACTING PRESIDENT KUHL: There is.
21 SENATOR MARCELLINO: I move that
22 it be accepted.
23 ACTING PRESIDENT KUHL: The
8648
1 motion is to accept the message of necessity on
2 Calendar Number 529.
3 All those in favor, signify by
4 saying aye.
5 (Response of "Aye.")
6 Opposed, nay.
7 (There was no response.)
8 Message is accepted.
9 The Secretary will read the last
10 section.
11 THE SECRETARY: Section 7. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 55.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Marcellino.
20 SENATOR MARCELLINO: Mr.
21 President, do you have any housekeeping at the
22 desk?
23 ACTING PRESIDENT KUHL: Senator
8649
1 DeFrancisco, why do you rise?
2 SENATOR DeFRANCISCO: I would
3 request unanimous consent to be recorded in the
4 negative on the first calendar, Calendar Number
5 1161. The bill is S.7083B.
6 ACTING PRESIDENT KUHL: Without
7 objection, hearing no objection, Senator
8 DeFrancisco will be recorded in the negative on
9 Calendar Number 1161.
10 Senator Marcellino, we don't have
11 any housekeeping, other than we have a report
12 from the Rules Committee at the desk.
13 SENATOR MARCELLINO: Mr.
14 President, may we return to the reports of
15 standing committees so we might read and adopt
16 the report of the Rules Committee?
17 ACTING PRESIDENT KUHL: We will
18 return to the order of reports of standing
19 committees. There is a report of the Rules
20 Committee at the desk.
21 I will ask the Secretary to read
22 the Rules report.
23 THE SECRETARY: Senator Bruno,
8650
1 from the Committee on Rules, reports the
2 following bills:
3 Senate Print 2447, by Senator
4 Dollinger, an act to amend the Vehicle and
5 Traffic Law;
6 4646B, by Senator Farley, an act
7 to amend the Banking Law and the Real Property
8 Law;
9 5208A, by Senator Present, an act
10 to amend the General Municipal Law;
11 7483, by the Senate Committee on
12 Rules, an act to amend the Tax Law;
13 7573A, by Senator DeFrancisco, an
14 act to legalize, ratify and confirm;
15 7758A, by the Senate Committee on
16 Rules, an act to amend the Parks, Recreation and
17 Historic Preservation Law;
18 7779, by Senator Hannon, an act
19 to amend the Public Health Law and the Education
20 Law;
21 7810, by Senator Libous, an act
22 to amend the Education Law;
23 7829, by Senator Lack, an act
8651
1 relating to the preservation, protection and
2 management;
3 And 7845, by Senator Volker, an
4 act to amend the Public Authorities Law.
5 All bills ordered directly for
6 third reading.
7 ACTING PRESIDENT KUHL: The
8 motion is to accept the rules report.
9 All those in favor of accepting
10 the Rules report, signify by saying aye.
11 (Response of "Aye.")
12 Opposed, nay.
13 (There was no response.)
14 The Rules report is accepted.
15 Senator Marcellino.
16 SENATOR MARCELLINO: Mr.
17 President, at this time, may we have a
18 noncontroversial reading of Supplemental
19 Calendar No. 3?
20 ACTING PRESIDENT KUHL: All the
21 bills have been distributed. The Supplemental
22 Calendar No. 3 should be on every member's
23 desk.
8652
1 I'll ask the Secretary to read
2 the noncontroversial reading of Supplemental
3 Calendar No. 3.
4 THE SECRETARY: Calendar Number
5 1638, by Senator Dollinger, Senate Print 2447,
6 an act to amend the Vehicle and Traffic Law, in
7 relation to the issuance of parking tickets.
8 ACTING PRESIDENT KUHL: There is
9 a home rule message at the desk.
10 The Secretary will read the last
11 section.
12 THE SECRETARY: Section 2. 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 55.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: 1639, by Senator
21 Farley, Senate Print 4646B, an act to amend the
22 Banking Law and the Real Property Law.
23 SENATOR PATERSON: Explanation.
8653
1 ACTING PRESIDENT KUHL: Lay the
2 bill aside.
3 SENATOR PATERSON: Mr. President.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson, why do you rise?
6 SENATOR PATERSON: We have no
7 objection to this bill. You can have the
8 Secretary read the last section.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section to Calendar
11 Number 1639.
12 THE SECRETARY: Section 4. This
13 act shall take effect on the first day of
14 January.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 55.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1640, by Senator Present, Senate Print 5208A, an
23 act to amend the General Municipal Law, in
8654
1 relation to peace officers.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 54, nays 1,
10 Senator Leichter recorded in the negative.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1641, by the Senate Committee on Rules, Senate
15 Print 7483, an act to amend the Tax Law, in
16 relation to the distribution mechanism.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
8655
1 THE SECRETARY: Ayes 55.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1642, by Senator DeFrancisco, Senate Print
6 7573A, an act to legalize, ratify and confirm
7 certain actions and proceedings.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 Announce the results when
16 tabulated.
17 THE SECRETARY: Ayes 54, nays 1,
18 Senator Leichter recorded in the negative.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1643, by the Senate Committee on Rules, Senate
23 Print 7758A, an act to amend the Parks,
8656
1 Recreation and Historic Preservation Law.
2 SENATOR PATERSON: Lay it aside.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 SENATOR LEICHTER: Mr. President,
6 when I voted negative, it was on 1643 -- or I
7 intended it to be 1643. I see it was on 1642.
8 So would you please vote me in the affirmative
9 on 1642, and lay aside 1643?
10 ACTING PRESIDENT KUHL: Without
11 objection, and hearing no objection, Senator
12 Leichter will be recorded in the affirmative on
13 Calendar Number 1642.
14 The Secretary will continue to
15 call the noncontroversial Supplemental Calendar
16 No. 3, Calendar Number 1644.
17 THE SECRETARY: Calendar Number
18 1644, by Senator Hannon, Senate Print 7779.
19 ACTING PRESIDENT KUHL: The bill
20 is high. Lay the bill aside.
21 THE SECRETARY: Calendar Number
22 1645, by Senator Libous, Senate Print 7810, an
23 act to amend the Education Law, in relation to
8657
1 the definition of practice of podiatry.
2 SENATOR PATERSON: Lay it aside.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 THE SECRETARY: Calendar Number
6 1646, by Senator Lack, Senate Print 7829.
7 ACTING PRESIDENT KUHL: The bill
8 is high. Lay the bill aside.
9 THE SECRETARY: Calendar Number
10 1647, by Senator Volker, Senate Print 7845, an
11 act to amend the Public Authorities Law, in
12 relation to the Horizons Waterfront Development
13 Project.
14 ACTING PRESIDENT KUHL: Senator
15 Marcellino.
16 SENATOR MARCELLINO: Mr.
17 President, is there a message of necessity at
18 the desk?
19 ACTING PRESIDENT KUHL: There is.
20 SENATOR MARCELLINO: I move that
21 it be accepted.
22 ACTING PRESIDENT KUHL: Motion is
23 to accept the message of necessity on Calendar
8658
1 Number 1647.
2 All those in favor, signify by
3 saying aye.
4 (Response of "Aye.")
5 Opposed, nay.
6 (There was no response.)
7 Message is accepted.
8 The Secretary will read the last
9 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 55.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 Senator Marcellino.
19 SENATOR MARCELLINO: Mr.
20 President, may we now have a reading of the
21 controversial calendar for Supplemental Calendar
22 No. 3?
23 ACTING PRESIDENT KUHL: The
8659
1 Secretary will read the controversial reading of
2 Calendar Number -- Supplemental Calendar No. 3,
3 commencing with Calendar Number 1643.
4 THE SECRETARY: Calendar Number
5 1643, by the Senate Committee on Rules, Senate
6 Print 7758A, an act to amend the Parks,
7 Recreation and Historic Preservation Law.
8 ACTING PRESIDENT KUHL: Is there
9 any Senator wishing to speak on the bill?
10 SENATOR PATERSON: Explanation.
11 ACTING PRESIDENT KUHL: Senator
12 Marcellino, an explanation has been asked of
13 Calendar Number 1643.
14 SENATOR MARCELLINO: Senator Kuhl
15 -- Mr. President. For purposes of giving an
16 explanation, Senator DeFrancisco should be
17 recognized.
18 ACTING PRESIDENT KUHL: Chair
19 recognizes Senator DeFrancisco for the purpose
20 of an explanation.
21 SENATOR DeFRANCISCO: We recently
22 passed a bill that was much broader than this to
23 authorize 40-year leases that the Parks and
8660
1 Recreation Department could enter into for just
2 a broad, undefined number of projects.
3 Basically, what this bill does is it limits it
4 to specific projects that are listed in the bill
5 narrowing substantially the broader bill that
6 was passed earlier this week.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 2. 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 56.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1644, by Senator Hannon, Senate Print 7779.
19 ACTING PRESIDENT KUHL: Lay the
20 bill aside. The bill is still high.
21 THE SECRETARY: Calendar Number
22 1645, by Senator Libous, Senate Print 7810, an
23 act to amend the Education Law, in relation to
8661
1 the definition of practice of podiatry.
2 SENATOR PATERSON: Explanation.
3 ACTING PRESIDENT KUHL: Senator
4 Libous, an explanation has been requested of
5 Calendar Number 1645.
6 SENATOR LIBOUS: Thank you, Mr.
7 President.
8 Basically, what this legislation
9 does is it defines the definition of the
10 practice of podiatry.
11 ACTING PRESIDENT KUHL: Is there
12 any Senator wishing to speak on the bill?
13 Senator Paterson.
14 SENATOR PATERSON: Mr. President,
15 will the Senator yield for a question?
16 ACTING PRESIDENT KUHL: Senator
17 Libous, do you yield?
18 SENATOR LIBOUS: Yes.
19 ACTING PRESIDENT KUHL: The
20 Senator yields.
21 SENATOR PATERSON: Senator, this
22 will expand the scope of podiatry under the
23 law?
8662
1 SENATOR LIBOUS: No. It actually
2 redefines it, Senator.
3 SENATOR PATERSON: Redefines it?
4 Would the podiatrist now be able to perform what
5 would in a sense be a physical examination?
6 SENATOR LIBOUS: No, Mr.
7 President. As a matter of fact, Senator
8 Paterson is probably referring to a memo of
9 opposition by the Medical Society.
10 Senator Paterson, I just want to
11 bring this to your attention because I think it
12 will answer your question.
13 The memo of opposition is on Bill
14 Senate Print 6285. We're debating 7810 and,
15 Senator, we have amended the bill since this
16 memo has been printed. As a matter of fact, the
17 bill was reprinted on Tuesday, the 12th, and I
18 see this memo was written on 6/13. Apparently,
19 the Medical Society didn't update their memo.
20 But that is now taken out of the
21 bill, Senator.
22 ACTING PRESIDENT KUHL: Senator
23 Paterson.
8663
1 SENATOR PATERSON: Well, I know
2 about the first bill, Senator. But this memo I
3 have is on 7810. It is updated. They still
4 oppose it, and the reason that they oppose it is
5 that they feel that podiatrists don't have the
6 education requisite to actually allow for these
7 physical evaluations, so it appears that they
8 have come forward with a memorandum in
9 opposition.
10 So I was wondering if you would
11 yield for another question.
12 ACTING PRESIDENT KUHL: Senator
13 Libous, do you yield?
14 SENATOR LIBOUS: Certainly, Mr.
15 President.
16 Senator Paterson, if I could see
17 a copy of that, because I don't have that memo,
18 but I can answer your question. I will be happy
19 to answer your question.
20 ACTING PRESIDENT KUHL: The
21 Senator yields.
22 SENATOR PATERSON: (Holding up
23 the paper in his hand) Can you see it?
8664
1 (Laughter.)
2 SENATOR LIBOUS: I see it.
3 The provision that you are
4 discussing basically is defined when we're
5 talking about podiatric treatment, and that is
6 specifically defined already.
7 ACTING PRESIDENT KUHL: Senator
8 Paterson.
9 SENATOR PATERSON: Thank you very
10 much, Senator Libous.
11 Perhaps while the Senator is
12 taking a look at the memorandum so that he might
13 want to reflect on anything further that it
14 says, I will just state for the record that the
15 Medical Society does oppose the legislation.
16 They do feel that there is a standard of
17 professionalism and educational level that must
18 be achieved in order to pronounce or, as would
19 be the case, offer a physical evaluation of an
20 individual who seeks the assistance of a medical
21 care professional and that podiatrists are not
22 trained in that particular area.
23 No disrespect to podiatrists, but
8665
1 that this is something that is outlined in
2 procedures and training that medical physicians
3 go through and is perhaps injurious to the
4 public to have individuals that don't meet the
5 standard to be able to do this.
6 Now, of course, in the past,
7 there's always been a whole situation involving
8 tradition and the fact that podiatrists or any
9 other individuals may work in the field -- and
10 they actually do a very good job, but for legal
11 protections and for the peace of mind of the
12 consumer, I believe this is why the Medical
13 Society has taken a second look at the second
14 bill and has offered the memorandum in
15 opposition.
16 SENATOR LIBOUS: Mr. President, I
17 can answer Senator Paterson's concern.
18 Basically, Senator Paterson, what
19 this does, if you take an individual like my
20 father, who is a diabetic who goes to a
21 podiatrist on a regular basis, when he goes in,
22 that physical examination basically means they
23 may take his blood pressure and make sure that
8666
1 he is in good health overall.
2 But the guidelines for the
3 practice of podiatry are pretty restrictive.
4 Those guidelines are already in place, and this
5 is nothing different than what presently takes
6 place now.
7 ACTING PRESIDENT KUHL: Senator
8 Paterson.
9 SENATOR PATERSON: Thank you,
10 Senator. I'm sorry that you weren't aware of
11 the memorandum, and that's really quite
12 responsive in a very short period of time, and I
13 thank the Senator for his response. Thank you.
14 Mr. President, on the bill.
15 According to the bill, this legislation would
16 also allow for open physical traumatic wounds
17 where the bone might even be escaping the
18 circumference of the skin area, and although
19 this treatment can only be allowed for in a
20 hospital, it is again something that we wonder
21 if podiatrists have received the apt training.
22 I don't know if Senator Libous
23 wants to comment on that, but that was the other
8667
1 concern I just wanted to raise.
2 Thank you.
3 ACTING PRESIDENT KUHL: Is there
4 any other Senator wishing to speak on the bill?
5 (There was no response.)
6 Hearing none, the Secretary will
7 read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect in 90 days.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 Announce the results when
14 tabulated.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar 1645 are Senators
17 Connor, DeFrancisco, Farley, Hoffmann,
18 Marcellino, Nanula, Oppenheimer, Paterson,
19 Seabrook and Seward. Ayes 46, nays 10.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 Senator Marcellino.
23 SENATOR MARCELLINO: Mr.
8668
1 President, at this time, is there any
2 housekeeping? The ever-popular broom.
3 ACTING PRESIDENT KUHL: There's
4 nothing at the desk.
5 Senator Hoffmann, why do you
6 rise?
7 SENATOR HOFFMANN: Mr. President,
8 I request unanimous consent to be recorded in
9 the negative on Calendar 1161.
10 ACTING PRESIDENT KUHL: That was
11 1166, Senator?
12 SENATOR HOFFMANN: 1161.
13 Thank you.
14 ACTING PRESIDENT KUHL: 1161 -
15 excuse me. Without objection, hearing no
16 objection, Senator Hoffmann will be recorded in
17 the negative on Calendar Number 1161.
18 There is no housekeeping at the
19 desk, Senator Marcellino.
20 SENATOR MARCELLINO: Mr.
21 President.
22 ACTING PRESIDENT KUHL: Senator
23 Marcellino.
8669
1 SENATOR MARCELLINO: Pending
2 further messages of necessity, may the Senate
3 stand at ease, and we'll call you back. Please
4 stay close so we can call you back when we
5 receive the appropriate messages.
6 I'm sorry. Stand at ease.
7 ACTING PRESIDENT KUHL: The
8 Senate will stand at ease for a few moments.
9 (Whereupon, at 4:30 p.m., Senate
10 was at ease.)
11 (The Senate reconvened at 5:37
12 p.m.)
13 ACTING PRESIDENT KUHL: Senate
14 will come to order.
15 SENATOR SKELOS: Mr. President,
16 at this time could you, on the original
17 calendar, the main calendar, would you please
18 call up Calendar 282.
19 ACTING PRESIDENT KUHL: For the
20 benefit of the members we're on Calendar Number
21 63, the original calendar of the day. We'll
22 call up Calendar Number 282.
23 SENATOR GOLD: Mr. President.
8670
1 ACTING PRESIDENT KUHL: Yes,
2 Senator Gold. Why do you rise?
3 SENATOR GOLD: Before you do
4 that, could I please be recorded in the negative
5 on Calendar 1645.
6 ACTING PRESIDENT KUHL: Without
7 objection, hearing no objection, Senator Gold is
8 recorded in the negative on 1645.
9 Secretary will read the title of
10 Calendar Number 282.
11 THE SECRETARY: Calendar Number
12 282, by Senator Lack, Senate Print Number 3775
13 C, an act to amend the Family Court Act.
14 ACTING PRESIDENT KUHL: Senator
15 Skelos.
16 SENATOR SKELOS: Mr. President,
17 is there a message of necessity at the desk.
18 ACTING PRESIDENT KUHL: There
19 is.
20 SENATOR SKELOS: Move to accept
21 the message.
22 ACTING PRESIDENT KUHL: Motion is
23 to accept the message of necessity on Calendar
8671
1 282. All those in favor say aye.
2 (Response of "Aye.")
3 Opposed nay.
4 (There was no response.)
5 The message is accepted.
6 Secretary will read the last 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 57.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 on the main calendar would you call up Calendar
18 Number 452.
19 ACTING PRESIDENT KUHL: Secretary
20 will read the title of Calendar 452.
21 THE SECRETARY: Calendar Number
22 452, by Senator Holland, Senate Print 218-A, an
23 act to amend the Real Property Tax Law.
8672
1 SENATOR SKELOS: Is there a
2 message of necessity at the desk?
3 ACTING PRESIDENT KUHL: There
4 is.
5 SENATOR SKELOS: Move to accept.
6 ACTING PRESIDENT KUHL: Motion is
7 to accept the message of necessity on Calendar
8 452. All those in favor of accepting the message
9 of necessity signify by saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response.)
13 Message is accepted. Secretary
14 will read the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect on the first day of
17 January.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 57.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
8673
1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 on the main calendar, Calendar 1020, would you
4 call up Calendar 1020.
5 SENATOR TULLY: Mr. President, a
6 point of information. Are we on Calendar Number
7 63.
8 ACTING PRESIDENT KUHL: We're on
9 Calendar Number 63, the first calendar of the
10 day. We've passed two bills, Calendar 282 and
11 452. Now we're going to Calendar 1020.
12 Secretary will read the title of
13 Calendar Number 1020.
14 THE SECRETARY: On page 26,
15 Calendar Number 1020, by Senator Cook, Senate
16 Print 7353-A, an act to amend the Education Law.
17 SENATOR SKELOS: Is there a
18 message of necessity at the desk?
19 ACTING PRESIDENT KUHL: There
20 is.
21 SENATOR SKELOS: Move we accept
22 the message.
23 ACTING PRESIDENT KUHL: Motion is
8674
1 to accept the message of necessity on Calendar
2 Number 1020. All those in favor of accepting
3 the message of necessity signify by saying aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (There was no response.)
7 ACTING PRESIDENT KUHL: Motion is
8 accepted. Secretary -
9 SENATOR PATERSON: Explanation.
10 ACTING PRESIDENT KUHL:
11 Explanation of Calendar 1020 has been asked
12 for.
13 SENATOR COOK: Mr. President,
14 essentially this bill permits school districts
15 to designate a certified nurse practitioner as
16 the head of the school health services when
17 there is no physician available in the
18 district.
19 ACTING PRESIDENT KUHL: Senator
20 Paterson.
21 SENATOR PATERSON: Mr. President.
22 Would you repeat after me: The Secretary -
23 ACTING PRESIDENT KUHL: The
8675
1 Secretary will read the last section.
2 SENATOR PATERSON: You've got it.
3 THE SECRETARY: Section 19. This
4 act shall take effect on the first day of
5 September.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 57.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Senator Skelos.
13 SENATOR SKELOS: On the main
14 calendar, Mr. President, would you call up
15 Calendar Number 1399.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the title of Calendar Number 1399.
18 THE SECRETARY: Calendar Number
19 1399, by Senator Hoblock, Senate Print 7631-A,
20 an act to amend the Criminal Procedure Law, the
21 Family Court Act and the Penal Law.
22 ACTING PRESIDENT KUHL: Senator
23 Skelos.
8676
1 SENATOR SKELOS: Message of
2 necessity at the desk.
3 ACTING PRESIDENT KUHL: There is.
4 SENATOR SKELOS: Move to accept
5 the message.
6 ACTING PRESIDENT KUHL: Motion is
7 to accept the message of necessity on Calendar
8 Number 1399. All those in favor signify by
9 saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response. )
13 The message is accepted.
14 Secretary will read the last section.
15 THE SECRETARY: Section 7. This
16 act shall take effect on the first day of
17 November.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 57.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
8677
1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 on Supplemental Calendar Number 1, please call
4 up Calendar Number 1603, by Senator Farley.
5 ACTING PRESIDENT KUHL: On
6 Supplemental Calendar Number 1, Secretary will
7 read the title of Calendar Number 1603, by
8 Senator Farley.
9 THE SECRETARY: Calendar Number
10 1603, by Senator Farley, Senate Print 3289-C, an
11 act to amend the Tax Law.
12 SENATOR SKELOS: Mr. President,
13 is there a message of necessity at the desk?
14 ACTING PRESIDENT KUHL: There
15 is.
16 SENATOR SKELOS: Move to accept.
17 ACTING PRESIDENT KUHL: Motion is
18 to accept the message of necessity on Calendar
19 Number 1603. All those in favor signify by
20 saying aye.
21 (Response of "Aye.")
22 Opposed nay.
23 (There was no response. )
8678
1 The message is accepted.
2 Secretary will read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the first day of April.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 57.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 on the original active list, would you call up
14 Calendar Number 721.
15 ACTING PRESIDENT KUHL: Back on
16 the regular calendar, but on the supplemental
17 active list, Secretary will read the title of
18 Calendar Number 721.
19 THE SECRETARY: Calendar Number
20 721, by Senator Kuhl, Senate Print 3981-A, an
21 act to amend the Agriculture and Markets Law.
22 ACTING PRESIDENT KUHL: Senator
23 Skelos.
8679
1 SENATOR SKELOS: Is there a
2 message of necessity at the desk?
3 ACTING PRESIDENT KUHL: Yes,
4 there is.
5 SENATOR SKELOS: Move we accept.
6 ACTING PRESIDENT KUHL: Motion is
7 to accept the message of necessity on Calendar
8 Number 721. All those in favor signify by
9 saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response. )
13 The message is accepted.
14 Secretary will read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect July 1.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 57.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 Senator Skelos.
8680
1 SENATOR SKELOS: Mr. President, I
2 believe there are two -- if we could return to
3 motions and resolutions. I believe there are two
4 resolutions at the desk by Senator Kuhl. I ask
5 the titles be read on each one and move their
6 adoption.
7 ACTING PRESIDENT KUHL: Return to
8 motions and resolutions, and the Secretary will
9 read the title to the two privileged resolutions
10 at the desk.
11 THE SECRETARY: By Senator Kuhl,
12 Legislative Resolution congratulating Mildred
13 and Robert DeWitt upon the occasion of their
14 50th Wedding Anniversary.
15 Legislative Resolution commending
16 Glenn Miller as Firefighter of the Year by the
17 Yates County Firemen's Association.
18 ACTING PRESIDENT KUHL: Question
19 is on the resolutions. All those in favor say
20 aye.
21 (Response of "Aye.")
22 Opposed nay.
23 (There was no response.)
8681
1 The resolutions are adopted.
2 Chair recognizes Senator Farley.
3 SENATOR FARLEY: Do I have to
4 stand?
5 On behalf of Senator Wright over
6 here, I offer the following amendments to
7 Calendar Number 1005, Senate Print 6629-B, and I
8 ask that that bill retain its place on the Third
9 Reading Calendar.
10 ACTING PRESIDENT KUHL:
11 Amendments to 1005 are received and adopted and
12 the bill will retain its place on the Third
13 Reading Calendar.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 on Calendar 63, would you call up Calendar 803.
17 ACTING PRESIDENT KUHL: On the
18 original calendar, Secretary will read the title
19 of Calendar 803.
20 THE SECRETARY: Calendar Number
21 803, by Senator Maltese, Senate Print 5843-A, an
22 act to amend the Retirement and Social Security
23 Law.
8682
1 ACTING PRESIDENT KUHL: There is
2 a home rule message at the desk. Secretary will
3 read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 57.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 would you call up Calendar Number 875.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the title of Number 875.
17 THE SECRETARY: Calendar Number
18 875, by member of the Assembly Sweeney, Assembly
19 Print 6132-E, an act to amend the Education Law
20 and the State Finance Law.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 6. This
8683
1 act shall take effect on the 90th day.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 57.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 would you call up Calendar Number 920.
11 ACTING PRESIDENT KUHL: Secretary
12 will read the title of Calendar Number 920, on
13 page 21.
14 THE SECRETARY: Calendar Number
15 920, by Senator LaValle, Senate Print 7226-A, an
16 act to amend the Education Law and others.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section 56. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
8684
1 THE SECRETARY: Ayes 57.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 Senator Abate, why do you rise?
5 SENATOR ABATE: Yes, Mr.
6 President. I ask unanimous consent to be
7 recorded in the negative on Calendar Number
8 1645.
9 ACTING PRESIDENT KUHL: Without
10 objection, hearing no objection, Senator Abate
11 is recorded in the negative on Calendar Number
12 1645.
13 SENATOR ABATE: Thank you.
14 ACTING PRESIDENT KUHL: Senator
15 Santiago, why do you rise?
16 SENATOR SANTIAGO: Mr. President,
17 I would like the record to show that if I had
18 been in the chamber when the following bills
19 were called, I would have voted in the
20 negative. That's Senate Bill 5590, 5591, 5592,
21 5593, 5594, 7714, 7723, 7724, 7725 and 7733.
22 Thank you very much.
23 ACTING PRESIDENT KUHL: Senator
8685
1 Santiago, the record will reflect that had you
2 been in the chamber when the roll call was taken
3 on these bills, that you would have voted in the
4 negative.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 on the original active list, would you call
8 Calendar Number 1533, by Senator Tully.
9 THE SECRETARY: Calendar Number
10 1533 -
11 ACTING PRESIDENT KUHL: Secretary
12 will read Calendar Number 1533.
13 THE SECRETARY: Calendar Number
14 1533, by Senator Tully, Senate Print 4908-A, an
15 act to authorize the county of Nassau.
16 SENATOR SKELOS: Mr. President,
17 is there a message at the desk?
18 ACTING PRESIDENT KUHL: There is.
19 SENATOR SKELOS: Move we accept.
20 ACTING PRESIDENT KUHL: Motion is
21 to accept the message of necessity on Calendar
22 1533. All those in favor signify by saying
23 aye.
8686
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response. )
4 The message is accepted.
5 Secretary will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 57.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 on Supplemental Calendar Number 3, would you
17 call up Calendar Number 1646, by Senator Lack.
18 ACTING PRESIDENT KUHL: On
19 Supplemental Calendar Number 3, page 1,
20 Secretary will read the title to Calendar Number
21 1646.
22 THE SECRETARY: Calendar Number
23 1646, by Senator Lack, Senate Print 7829, an act
8687
1 relating to the preservation, protection and
2 management.
3 ACTING PRESIDENT KUHL: Senator
4 Skelos.
5 SENATOR SKELOS: Mr. President,
6 is there a message at the desk?
7 ACTING PRESIDENT KUHL: There is.
8 SENATOR SKELOS: Move we accept.
9 ACTING PRESIDENT KUHL: Motion is
10 to accept the message of necessity on Calendar
11 Number 1646. All those in favor signify by
12 saying aye.
13 (Response of "Aye.")
14 Opposed nay.
15 (There was no response. )
16 The message is accepted.
17 Secretary will read the last section.
18 THE SECRETARY: Section 12. 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 57.
8688
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 can we stand at ease, please.
6 SENATOR WRIGHT: Mr. President.
7 Mr. President.
8 ACTING PRESIDENT KUHL: Senator
9 Skelos. Prior to Senator Skelos.
10 Senator Wright, why do you rise?
11 SENATOR WRIGHT: Thank you, Mr.
12 President. I ask unanimous consent to be
13 recorded in the negative on Calendar Number
14 1645.
15 ACTING PRESIDENT KUHL: Without
16 objection, hearing no objection, Senator Wright
17 will be recorded in the negative on Calendar
18 Number 1645.
19 Senator Skelos.
20 SENATOR SKELOS: On the main
21 calendar, Calendar 63, would you call up
22 Calendar Number 479.
23 ACTING PRESIDENT KUHL: Secretary
8689
1 will read the title to Calendar Number 479 which
2 is on page 10 of the original calendar of the
3 day, Calendar Number 63. Secretary will read.
4 THE SECRETARY: Calendar Number
5 479, by Senator Saland, Senate Print 6145-A, an
6 act to amend the Real Property Tax Law.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the last section.
9 THE SECRETARY: Section 4. 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 57.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 would you call up Calendar Number 658.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the title of Calendar Number 658, on
22 page 14 of Calendar Number 63.
23 THE SECRETARY: Calendar Number
8690
1 658, by member of the Assembly Harenberg,
2 Assembly Print 3490-A, an act to amend the
3 Executive Law.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 57.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 would you call up Calendar Number 772.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the title of Calendar Number 772,
19 which is on page 18.
20 THE SECRETARY: Calendar Number
21 772, by Senator Holland, Senate Print 6860-B, an
22 act to amend the Social Services Law.
23 ACTING PRESIDENT KUHL: Secretary
8691
1 will read the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect 100 -
4 SENATOR LEICHTER: Explanation.
5 ACTING PRESIDENT KUHL: Senator
6 Holland, an explanation of Calendar 772 has been
7 asked for by Senator Leichter.
8 SENATOR HOLLAND: Mr. President,
9 the purpose of this bill is to divert applicants
10 and recipients of public assistance from public
11 assistance rolls if their needs can be met by
12 providing a child care allowance rather than
13 cash benefits. In other words, they would just
14 receive child care allowance.
15 SENATOR LEICHTER: Senator
16 Holland yield, please?
17 ACTING PRESIDENT KUHL: Senator
18 Holland, do you yield to Senator Leichter?
19 Senator yields.
20 SENATOR LEICHTER: Yeah, Senator,
21 let me just see if I understand it. People -
22 this applies to people on public assistance who
23 also are employed?
8692
1 SENATOR HOLLAND: Anyone. It
2 could apply to anyone who qualifies for public
3 assistance -
4 SENATOR LEICHTER: Right.
5 SENATOR HOLLAND: -- but doesn't
6 take public assistance, only child care. They
7 would have to qualify for it though.
8 SENATOR LEICHTER: O.K. Obviously
9 they'd have to have children to qualify for day
10 care.
11 SENATOR HOLLAND: Yes.
12 SENATOR LEICHTER: I understand
13 that, and they would be given a choice of either
14 getting their public assistance grant or
15 receiving day care.
16 SENATOR HOLLAND: Only day care,
17 yes, sir, and they would have to be employed as
18 you suggested.
19 SENATOR LEICHTER: I'm sorry.
20 Could you speak up? I can't hear.
21 SENATOR HOLLAND: And they would
22 have to be employed, as you suggest.
23 SENATOR LEICHTER: They would
8693
1 have to be employed.
2 SENATOR HOLLAND: Yes.
3 SENATOR LEICHTER: Now, for the
4 sake of the argument, if the cost of the day
5 care is more than the grant that they were
6 receiving, would they still qualify for the day
7 care?
8 SENATOR HOLLAND: So that you
9 understand, they would already be eligible for
10 the day care. They would -- they would have to
11 qualify for the day care. Try again.
12 SENATOR LEICHTER: Well -
13 SENATOR HOLLAND: If the day care
14 was worth more than the other, they would get
15 the day care, yes. Is that the question?
16 SENATOR LEICHTER: All right.
17 And is that the choice of the day care
18 recipient?
19 SENATOR HOLLAND: The choice
20 would be of the applicant, yes. They could
21 either choose to go on PA or they could, yes,
22 choose the day care.
23 SENATOR LEICHTER: Is there any
8694
1 diminution in benefit as a consequence of your
2 bill?
3 SENATOR HOLLAND: Well,
4 necessarily, they would not get the cash grant
5 but that's their choice. They would choose just
6 the day care.
7 SENATOR LEICHTER: Well, Senator,
8 is it possible under existing law that one of
9 the people who would be covered by your bill
10 could presently receive a grant, that they might
11 also be qualified to receive day care in an
12 effort to get that person back to work?
13 SENATOR HOLLAND: Yes.
14 SENATOR LEICHTER: But under your
15 bill they could no longer receive both the grant
16 and day care?
17 SENATOR HOLLAND: It's not that
18 they could no longer, Senator. It's that some
19 people choose not to go on public assistance at
20 all, even though they're qualified for it.
21 These people could choose just the day care
22 component if they so chose. Right now they
23 would have to go on public assistance in order
8695
1 to get the day care. Under this bill they could
2 choose only day care if they wanted to.
3 SENATOR LEICHTER: So am I
4 correct in understanding that the purpose of
5 this is that, for those people who would qualify
6 for public assistance and day care but who, for
7 various reasons, do not wish to take the public
8 assistance, at least it would enable them to get
9 the day care?
10 SENATOR HOLLAND: That's
11 correct.
12 SENATOR LEICHTER: And that's all
13 that the bill does?
14 SENATOR HOLLAND: Yes, sir.
15 ACTING PRESIDENT KUHL: Any other
16 Senator wishing to speak on the bill? Hearing
17 none, the Secretary will read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect in 180 days.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 57.
8696
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 Senator Skelos.
4 SENATOR SKELOS: Would you call
5 up Calendar Number 1585, by Senator Saland.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the title to Calendar Number 1585 on
8 page 40 of the first calendar of the day,
9 Calendar Number 63.
10 THE SECRETARY: Calendar Number
11 1585, by Senator Saland, Senate Print 7672, an
12 act in relation to authorizing the city of
13 Poughkeepsie.
14 ACTING PRESIDENT KUHL: There's a
15 home rule message at the desk. Secretary will
16 read the last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT KUHL: The bill
8697
1 is passed.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 on the original active list, would you call up
5 Calendar Number 939, by Senator Rath.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the title to Calendar Number 939, on
8 page 22 of the original calendar.
9 THE SECRETARY: Calendar Number
10 939, by Senator Rath, Senate Print 7153-B, an
11 act to amend the County Law and the General
12 Municipal Law.
13 ACTING PRESIDENT KUHL: Senator
14 Skelos.
15 SENATOR SKELOS: Is there a
16 message of necessity at the desk?
17 ACTING PRESIDENT KUHL: There
18 is.
19 SENATOR SKELOS: Move we accept.
20 ACTING PRESIDENT KUHL: Motion is
21 to accept the message of necessity on Calendar
22 Number 939. All those in favor signify by
23 saying aye.
8698
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response.)
4 The message is accepted.
5 Secretary will read the last section.
6 THE SECRETARY: Section 7. 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 57.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 Senator Skelos.
15 ACTING PRESIDENT KUHL: Senate
16 will come to order.
17 SENATOR SKELOS: Mr. President.
18 ACTING PRESIDENT KUHL: Have the
19 members take their places, curtail the
20 conversations. We still have some business to
21 do.
22 Senator Leichter? Senator
23 Skelos.
8699
1 SENATOR SKELOS: Mr. President,
2 would you call up Calendar Number 271, by
3 Senator Levy. This bill had passed previously,
4 was recalled, amended, and now we have a message
5 from the Governor.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the title to Calendar Number 271. For
8 the benefit of those members, the bill was just
9 distributed and placed on your desks. Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 271, by Senator Levy, Senate Print 5960-A, an
13 act to amend the Vehicle and Traffic Law and the
14 Criminal Procedure Law.
15 ACTING PRESIDENT KUHL: Senator
16 Skelos.
17 SENATOR SKELOS: Mr. President,
18 is there a message of necessity at the desk.
19 ACTING PRESIDENT KUHL: There is.
20 SENATOR SKELOS: Move we accept.
21 ACTING PRESIDENT KUHL: Motion is
22 to accept the message of necessity on Calendar
23 Number 271. All those in favor signify by
8700
1 saying aye.
2 (Response of "Aye.")
3 All those opposed nay.
4 (Senator Marchi indicates
5 negative.)
6 ACTING PRESIDENT KUHL: Is there
7 any Senator wishing to speak on Calendar Number
8 271?
9 Senator Dollinger?
10 SENATOR DOLLINGER: Could we just
11 have a quick explanation, Mr. President?
12 SENATOR LEVY: Senator, we had a
13 rather lengthy discussion on this bill
14 yesterday. Let me say that there is now a
15 three-way agreement. This is a Governor's
16 program bill. Thirty-two states, plus the
17 District of Columbia, have previously enacted
18 what is called colloquially a "zero tolerance"
19 bill, .02, .01 or zero BAC.
20 This is a .02 bill. There are
21 three -- explanation satisfactory?
22 SENATOR DOLLINGER: Well, I just
23 -- what is different in this bill -
8701
1 SENATOR LEVY: I just was going
2 to give you the three substantive changes. This
3 is a less restrictive bill than we passed here
4 yesterday. That bill was also a Governor's
5 program bill.
6 Under the bill we had before us
7 yesterday, the suspension period was nine
8 months; under this bill it is now consistent
9 with my bill of last year which passed this
10 house. The same provision was in the Assembly
11 bill; the Assembly did not pass their bill last
12 year. They passed the bill this year. The bill
13 before us has the six-month penalty that we had
14 in last year's bill.
15 The second provision under the
16 Governor's program bill, the records were in
17 existence for ten years. Under this bill there
18 is a compromise. The records are to be
19 destroyed not longer than three years or to the
20 age of 21, whichever is longer, so it is less
21 restrictive.
22 SENATOR DOLLINGER: Through you,
23 Mr. President, not just -- is that from the date
8702
1 of the infraction or the date of the incident?
2 SENATOR LEVY: Yes, from the date
3 of the incident, yes, from the date of the
4 incident.
5 And finally under the Governor's
6 program bill someone who is charged not under
7 the bill we had before us yesterday but charged
8 with DWAI, less than .10, under the Governor's
9 bill a person who was 16, 17, 18, 19 or 20 under
10 the Governor's bill, they could not plead out of
11 1192-a, to a non-alcohol offense.
12 Under this bill, with the consent
13 of the district attorney, a young person 16
14 through and including 20 can plead to .02,
15 operating a motor vehicle after having consumed
16 alcohol. Those are the three substantive
17 changes.
18 ACTING PRESIDENT KUHL: Senator
19 Dollinger.
20 SENATOR DOLLINGER: Mr.
21 President, just briefly on the bill.
22 I want to commend Senator Levy.
23 We've spoken about this before, seeing this
8703
1 thing through to the conclusion. I think that's
2 a fair compromise with those three ingredients
3 in it. As a father of a 17-year-old, I can
4 appreciate what this bill is all about, and I
5 strongly support it.
6 Thank you.
7 ACTING PRESIDENT KUHL: Senator
8 Marchi.
9 SENATOR MARCHI: Mr. President,
10 if I could explain my vote.
11 ACTING PRESIDENT KUHL: Let me
12 read the last section then. Secretary will read
13 the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the first day of
16 November.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll. )
20 ACTING PRESIDENT KUHL: Senator
21 Marchi, to explain his vote.
22 SENATOR MARCHI: I only say this
23 with the greatest respect for my distinguished
8704
1 colleague, Senator Levy. I have taken a
2 position -- I am not going to belabor this at
3 this hour -- that once they're 18, we shouldn't
4 have two standards. One standard should apply to
5 all. If it's zero, zero for everybody, but I
6 don't -- I don't buy the concept that there be a
7 notion of gradualism.
8 In fact, I don't agree with the
9 21-year-old law to begin with. I just think
10 that it creates a cynicism among youngsters.
11 It's my point of view, and I think the majority
12 of the population doesn't agree, but I don't
13 think it's a constructive way to approach the
14 problem of sobriety in the operation of a motor
15 vehicle or the conduct by a young adolescent or
16 emerging adult with respect to alcohol.
17 So I vote no.
18 ACTING PRESIDENT KUHL: Senator
19 Marchi will be recorded in the negative.
20 The Chair recognizes Senator
21 DeFrancisco to explain his vote.
22 SENATOR DeFRANCISCO: Yes, I also
23 vote in the negative, and I spoke on this when
8705
1 it came up the last time, that .02 or .01 are
2 standards which I think come within the standard
3 deviation of error in the testing that is
4 conducted by the tests that are used for DWI
5 arrests and, as Senator Marchi mentioned and I
6 mentioned the last time, we are in a situation
7 that we are treating people of different ages
8 differently.
9 If it's such a wonderful idea to
10 have zero tolerance, then we should have zero
11 tolerance not only for the people that vote the
12 least, the young adults, but for the senior
13 citizens, the people that aren't senior
14 citizens, the whole community, and I think it's
15 a standard that should apply to all, not to just
16 one group. If it was any other group that we
17 were carving out to have special more stiff
18 laws, then I think we would have outrage
19 expressed on this Senate floor.
20 So no doubt someone at some point
21 will accuse me of coddling, coddling those
22 individuals who would violate the alcoholic
23 beverage laws in the state of New York. They
8706
1 are dead wrong. I just think this type of bill
2 is the wrong bill to accomplish that. I've
3 supported many, many bills dealing with stiffer
4 penalties for DWI that were across the board and
5 I feel that this bill is not a good bill and for
6 those reasons I'm voting no.
7 ACTING PRESIDENT KUHL: Senator
8 DeFrancisco will be voting in the negative.
9 The Chair recognizes Senator
10 Hoffmann, to explain her vote.
11 SENATOR HOFFMANN: I find myself
12 in very strong agreement with Senator
13 DeFrancisco in this instance, and I have a great
14 deal of difficulty setting a double standard for
15 young people. I believe if they are responsible
16 drivers, we should treat them as responsible
17 drivers and we should not create an entirely
18 different standard of measurement for them than
19 for the rest of the population.
20 I was one of those people who
21 initially opposed increasing the drinking age
22 out of concern that we would be sending a
23 message to young people that we expected them to
8707
1 be abusive of alcohol. This is another
2 illustration that sends a very negative message
3 to young people. It implies that they are
4 somehow incapable of doing what other people are
5 doing, that we expect them to do wrong, and it
6 becomes a self-fulfilling prophecy.
7 People in Central New York in the
8 law enforcement field have made it extremely
9 clear to me that, in the year since the drinking
10 age has been raised, there is a proliferation of
11 illegal drinking, and I'm afraid that there is
12 also a spill-over effect of other illegal
13 activity and a general lack of respect for the
14 law. People who are singly targeted by special
15 legislation are going to be disrespectful of the
16 law and lawmakers in a larger arena, and we are
17 once again inviting young people to disrespect
18 us by showing that we do not have confidence in
19 them.
20 I will vote in the negative.
21 ACTING PRESIDENT KUHL: Senator
22 Hoffmann will be recorded in the negative.
23 Announce the results.
8708
1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 271 are Senators
3 DeFrancisco, Hoffmann, Holland and Marchi. Ayes
4 53, nays 4.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 Senator Skelos.
8 SENATOR SKELOS: Mr. President,
9 on Supplemental Calendar Number 1, Calendar
10 Number 1623, by Senator Stafford, would you
11 please have the title read.
12 ACTING PRESIDENT KUHL: We're
13 moving to Supplemental Calendar Number 1, page
14 3, Secretary will read the title to Calendar
15 Number 1623.
16 THE SECRETARY: Calendar Number
17 1623, by Senator Stafford, Senate Print 7749, an
18 act approving the exchange of certain lands.
19 ACTING PRESIDENT KUHL: Senator
20 Skelos.
21 SENATOR SKELOS: Is there a
22 message of necessity at the desk?
23 ACTING PRESIDENT KUHL: There is.
8709
1 SENATOR SKELOS: Move to accept
2 the message.
3 ACTING PRESIDENT KUHL: Motion is
4 to accept the message of necessity on Calendar
5 Number 1623. All those in favor signify by
6 saying aye.
7 (Response of "Aye.")
8 Opposed nay.
9 The message is accepted.
10 The Secretary will read the last
11 section.
12 THE SECRETARY: Section 9. 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 57.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 on Supplemental Calendar Number 2, would you
23 please call up Calendar Number 1633.
8710
1 ACTING PRESIDENT KUHL: We're
2 moving to calendar -- Supplemental Calendar
3 Number 2, page 1. Secretary will read the title
4 of the Calendar Number 1633.
5 THE SECRETARY: Calendar Number
6 1633, by Senator Padavan, Senate Print 7744, an
7 act to amend the Retirement and Social Security
8 Law.
9 ACTING PRESIDENT KUHL: Senator
10 Skelos.
11 SENATOR SKELOS: Is there a
12 message of necessity at the desk?
13 ACTING PRESIDENT KUHL: There
14 is.
15 SENATOR SKELOS: Move to accept.
16 ACTING PRESIDENT KUHL: Motion is
17 to accept the message of necessity on Calendar
18 Number 1633. All those in favor signify by
19 saying aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (There was no response. )
23 The message is accepted. There
8711
1 is a home rule message at the desk. Secretary
2 will read the last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 57.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 on Supplemental Calendar Number 3, would you
14 call up Calendar Number 1644, by Senator
15 Hannon.
16 ACTING PRESIDENT KUHL: We're now
17 moving to Supplemental Calendar Number 3, page
18 1, ask the Secretary to read the title of
19 Calendar Number 1644.
20 THE SECRETARY: Calendar Number
21 1644, by Senator Hannon, Senate Print 7779, an
22 act to amend the Public Health Law.
23 ACTING PRESIDENT KUHL: Senator
8712
1 Skelos.
2 SENATOR SKELOS: Mr. President,
3 is there a message at the desk?
4 ACTING PRESIDENT KUHL: There is.
5 SENATOR SKELOS: Move we accept.
6 ACTING PRESIDENT KUHL: Motion is
7 to accept the message of necessity on Calendar
8 Number 1644. All those in favor signify by
9 saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response. )
13 Message is accepted.
14 SENATOR PATERSON: Explanation.
15 ACTING PRESIDENT KUHL: Senator
16 Hannon, an explanation OF Calendar Number 1644,
17 Senate Print Number 7779, has been requested by
18 the Acting Minority Leader, Senator Paterson.
19 SENATOR HANNON: Mr. President,
20 this legislation would improve the physician
21 discipline procedures of the state of New York.
22 We last passed major legislation on this in
23 1991. It's become obvious that there is a need
8713
1 to do some substantial fine tuning, and there
2 are some significant changes that we believe
3 will aid things in general and prevent such
4 tragedies as occurred with the Dr. Benjamin case
5 in which a patient died during a procedure being
6 performed by that doctor after a medical
7 disciplinary committee had already ordered that
8 his license be revoked.
9 There are a number of changes
10 here, in regard to public disclosures of orders,
11 elimination -- an automatic stay which would
12 allow people who already received disciplinary
13 action to stay that while appeal is pending,
14 notice, summary orders, there are a number of
15 things that are done including ironically the
16 requirement that when a disciplinary action has
17 been taken by an HMO, that that would be
18 reported to the Department of Health.
19 ACTING PRESIDENT KUHL: Senator
20 Paterson.
21 SENATOR PATERSON: Mr. President,
22 if Senator Hannon would yield for a few
23 questions.
8714
1 SENATOR HANNON: Yes, Mr.
2 President.
3 ACTING PRESIDENT KUHL: Senator
4 yields.
5 SENATOR PATERSON: Senator, when
6 there is a -- when there is a stay pending the
7 appeal, the doctor is not allowed to practice at
8 that time, is he or she? I was wondering, can
9 the doctor practice at that time during the
10 stay?
11 SENATOR HANNON: Now, there is an
12 automatic stay that is available to the
13 physician in the -- after there has been a
14 hearing and they make appeal either to the
15 courts or to the administrative review board.
16 This bill would remove that automatic stay in
17 those very serious cases which involve a
18 revocation or suspension.
19 Other things that might involve
20 better record keeping or something, those would
21 continue to be subject to the stay.
22 ACTING PRESIDENT KUHL: Senator
23 Paterson.
8715
1 SENATOR PATERSON: Thank you, Mr.
2 President. Just one second. I beg your
3 indulgence, Mr. President.
4 Thank you, Mr. President. So
5 Senator, I think I have this right now. In a
6 case such as -- I'm not really sure, but I have
7 to at least try to be positive.
8 In the 1991 situation as in the
9 case of what happened with Dr. Benjamin, in that
10 particular case since there was a recommendation
11 of a disciplinary committee, am I correct that
12 he had a stay at that particular time, this
13 would now remove it and he wouldn't have been
14 able to have been practicing at that time should
15 a situation recur in another instance?
16 SENATOR HANNON: You're exactly
17 right, Senator, and this is one of the, I think,
18 two major improvements that this bill adds to
19 the current process. It really leaves all of us
20 in a bit of an untenable public posture to have
21 constructed a system, to have a complaint made,
22 an investigation made and a hearing been carried
23 out and the result of that hearing is that
8716
1 somebody should have their license suspended or
2 revoked and yet by the mere fact of filing
3 appeal to the courts, their being able to
4 continue that practice.
5 I might add, Senator, you remind
6 me of a point that is another -- the other major
7 aspect of this is that of the time at which the
8 publicity about the action occurs has been moved
9 early in the process so that as soon as the
10 hearing takes place and there has been a result,
11 that there is a narrow public disclosure.
12 That is not the case under the
13 current situation, so we think that once again,
14 we make this a much more dependable procedure,
15 much more tenable procedure, that we say that
16 after the hearing has been carried out that it
17 should be public and there should not be in very
18 serious cases an automatic stay.
19 Those are the major advances, and
20 I think that the people who are supporting this
21 legislation, the Medical Society had to go
22 through a lot of internal decision-making to
23 come up with that conclusion that this ought to
8717
1 be supported.
2 There were other groups, consumer
3 groups, profes... people who help deal with
4 consumer -- with medical education, treatment,
5 thought that this was an excellent advance,
6 people like NYPIRG and the New Yorkers for
7 Professional -- I think professional medical -
8 Professional Medical Treatment. I don't have
9 the exact name right here, so I think these are
10 some major advances.
11 Do they answer all the questions
12 that are out there? I'm not so sure. We're
13 dealing with once again a medical profession.
14 It's a question of dealing with treatment of
15 art. It's not totally a science. We wish it
16 were much more certain, had much more exacti
17 tude, but could we -- I think these make major
18 advances.
19 SENATOR PATERSON: Well, so far,
20 Senator, it's quite thorough. If the Senator
21 would yield for a couple more questions.
22 ACTING PRESIDENT KUHL: Senator
23 Hannon, do you continue to yield?
8718
1 SENATOR HANNON: Yes, Mr.
2 President.
3 ACTING PRESIDENT KUHL: Senator
4 yields.
5 SENATOR PATERSON: Senator, on
6 the issue of the publication if adopted, beyond
7 the regular publication that takes place, is
8 there any specific publication in the doctors'
9 records of the patients who are known to be
10 patients of the doctor at that time?
11 SENATOR HANNON: No, but that's
12 -- that is an ongoing question in regard to
13 treatment, an ongoing question regard to
14 questions of procedure. There is just a
15 question of how far you can extend this string
16 out. In fact, until we get into a managed care
17 system, there probably is no recordkeeping that
18 would make available to anybody who has been -
19 what people have been treated for what.
20 We think of the way that your own
21 individual records are kept, that your own
22 individual physicians, there is no way that they
23 have an overall program that says that they're
8719
1 able to detail who's been treated for what
2 within the past month or 12 months.
3 The managed care system they do
4 that, they have that ability. They have the
5 ability to monitor. That's one of the
6 advantages despite what some people would
7 believe, to manage the care, to take a look at
8 the general levels, the general amounts, who has
9 been treated for what and to see how that
10 compares to general population statistics to see
11 if they're doing better or worse than the
12 general population.
13 ACTING PRESIDENT KUHL: Senator
14 Paterson.
15 SENATOR PATERSON: If the Senator
16 would continue to yield for another question.
17 ACTING PRESIDENT KUHL: Senator,
18 you continue to yield?
19 SENATOR HANNON: Yes.
20 ACTING PRESIDENT KUHL: Senator
21 yields.
22 SENATOR HANNON: In the matter of
23 managed care, Senator, I note that HMOs are
8720
1 required to report acts of misconduct and I was
2 wondering if that applies to all acts of profes
3 sional misconduct on the part of the doctor?
4 SENATOR HANNON: All acts? Well,
5 I'm not so sure I understand the difference
6 between -- I don't understand there's a
7 difference. It's whatever is -- that the HMO
8 knows about they have to report, and, therefore,
9 share their information with the rest of the
10 state and the Department of Health.
11 One of the other things, by the
12 way, is to allow the Department of Health to get
13 a chance at the initial time that physicians
14 from another state come into our state to take a
15 look at their records.
16 Right now the registration is
17 with the Department of Education, and the
18 Department of Health doesn't get jurisdiction
19 until they get the New York registration. Now,
20 we're going to have a chance to move the
21 Department of Health's professional conduct
22 scrutiny up sooner in the process when they're
23 beginning to practice in New York.
8721
1 And another interesting thing
2 that they do in terms of oversight is to give
3 the Department of Health jurisdiction over
4 residents. You know, a significant amount of
5 health care in this state is carried out by
6 residents in the medical education programs and
7 somehow in the 1991 statute, the jurisdiction
8 over them was not transferred to DOH but left
9 with the Department of Education.
10 ACTING PRESIDENT KUHL: Senator
11 Paterson.
12 SENATOR PATERSON: Thank you,
13 Senator Hannon.
14 Mr. President, on the bill. I
15 think I came to this discussion unalterably
16 opposed to this bill. However, Senator Hannon,
17 with his wisdom and persuasiveness, with his
18 disciplined forthrightness and honesty, has
19 prevailed upon me, but I not only have changed
20 my mind but I just wish the rules of this Senate
21 would permit me to be a supporter and co-sponsor
22 of this legislation.
23 There's probably very little in
8722
1 this legislation that he hasn't covered and I'm
2 quite satisfied.
3 ACTING PRESIDENT KUHL: Chair
4 recognizes Senator Dollinger, on the bill.
5 SENATOR DOLLINGER: Senator -
6 would the sponsor yield to a couple quick
7 questions?
8 ACTING PRESIDENT KUHL: Senator
9 Hannon, do you yield to a couple questions from
10 Senator Dollinger?
11 SENATOR HANNON: Yes, Mr.
12 President.
13 ACTING PRESIDENT KUHL: Senator
14 yields.
15 SENATOR DOLLINGER: Senator
16 Hannon, let me call your attention to page 4,
17 the new language that deals with the summary
18 dismissal from the medical practice or the -- my
19 first question is obviously we've chosen the
20 word "may". The licensed professional will
21 discontinue or refrain from practicing medicine
22 in whole or in part, or to take certain action
23 immediately. We chose the word "may" which
8723
1 shows that the Commissioner will be exercising
2 discretion. We did not choose the word "must"
3 and my question is, why do you leave it up to
4 the Commissioner's discretion?
5 SENATOR HANNON: Senator, bear
6 with me. I don't have the printed version. I
7 have a bill draft version. Just tell me which
8 section of the bill, first, you're dealing
9 with.
10 SENATOR DOLLINGER: Section 7,
11 amends subdivision 12 of Section 230 of the
12 Public Health Law, and then there's a section,
13 creates a new Section 12 which is renumbered,
14 and then it's (b); I guess it's 12 (b), Mr.
15 Chairman. It's the new language that starts,
16 When a licensee has been -- has pleaded or been
17 found guilty, the underlined new section.
18 SENATOR HANNON: What line of the
19 bill?
20 SENATOR DOLLINGER: Well,
21 fortunately, it's line 40, page 4.
22 SENATOR HANNON: 40, O.K. (b) and
23 then.
8724
1 SENATOR DOLLINGER: Starts off,
2 When a licensee has pleaded or been found
3 guilty.
4 SENATOR HANNON: And where does
5 the "may" or "shall" appear?
6 SENATOR DOLLINGER: Line 53 on my
7 copy.
8 SENATOR HANNON: Let me get down
9 to line 50 from 43 by reading it. I would simply
10 respond, it's there so that an appropriate order
11 in regard to that individual can be made by the
12 -- by the Commissioner, and why it ought not to
13 be "must", it may be that there would be situa
14 tions where the "must" would be an inappropriate
15 dictation to be put in statute.
16 SENATOR DOLLINGER: What
17 standards, if any, are in the bill for the
18 exercise of that discretion by the Commissioner,
19 and I guess my question is, do you need them? I
20 don't know.
21 SENATOR HANNON: Well, let's go
22 through what's happening here. We have a
23 complaint being made. There is a review by
8725
1 Office of Professional Misconduct -- Office of
2 Professional Conduct, in regard to that
3 complaint. Many might be dismissed. We then
4 have an Investigations Committee, which is the
5 equivalent of a grand jury, that will go through
6 and will set up a record. Then with the notice
7 and procedure and a hearing, we have a Hearing
8 Committee which will make a determination and an
9 order. That Hearing Committee, in and of
10 itself, is sufficient so that if somebody wants
11 to challenge it and appeal the results of the
12 Hearing Committee, they can go directly to court
13 and, as you know, under Section 7803, they could
14 use the record of the Hearing Committee to skip
15 the Supreme Court and go right into the
16 Appellate Division. So there is a sufficient
17 record.
18 So my response to you would be
19 the Commissioner is going to be acting after, at
20 whatever stage he or she needs to act, there is
21 a record that's built that would give her the
22 ability to have facts, to make judgments as to
23 what's appropriate in those circumstances, and I
8726
1 would point out to you that the current adminis
2 tration of this Commissioner has suspended
3 licenses of about 230 physicians in the last
4 year, and that number has sharply increased,
5 that this Commissioner has taken very
6 appropriate, quick, swift action when there have
7 been egregious circumstances that have needed to
8 be dealt with so somebody could not be dealing
9 with the public.
10 So I think the record is there's
11 a good message there, and I think also the
12 history of the revised disciplinary process
13 since '91 shows that there is a certain
14 efficiency and there is a certain, I think,
15 rationale as to the whole process so that the
16 standards that are being used are sufficient for
17 us to have confidence that people can go forward
18 and rely on that.
19 SENATOR DOLLINGER: You've
20 answered my question. You obviously aren't
21 telling her she must do it. We're allowing he
22 or she that she may do it, and the standards
23 that are built into other parts of the law would
8727
1 circumscribe that exercise of discretion. We
2 don't need a public interest and, you know, so
3 long as it serves the public interest to give
4 her or to give the courts the guidance on how to
5 interpret that exercise of discretion.
6 Two other, again -
7 SENATOR HANNON: Yes, to your
8 point; I agree with your point.
9 SENATOR DOLLINGER: Yes, but
10 another technical point. This says that the
11 Commissioner can, in the exercise of that
12 discretion, order them to discontinue practice.
13 I assume that's after the license has been
14 revoked or suspended. Is that correct?
15 And two, and perhaps you can,
16 while you're thinking about that answer, two -
17 SENATOR HANNON: You got to go
18 back to line 40.
19 SENATOR DOLLINGER: All right.
20 This says, if they've been found guilty but it
21 doesn't say -
22 SENATOR HANNON: Pleaded or found
23 guilty or convicted.
8728
1 SENATOR DOLLINGER: Right. This
2 says that they've been convicted of a crime, but
3 it doesn't say that the actual license has been
4 revoked or suspended.
5 Mr. Chairman, the reason why -
6 the reason why I ask that question is because,
7 as you know, if a member of the bar is convicted
8 of a felony, they're automatically disbarred.
9 It doesn't -- they aren't finally disbarred and
10 the disbarment occurs at the time of the
11 conviction, usually ratified by the Appellate
12 Division subsequently, but my question is,
13 there's nothing in here that suggests that the
14 license is revoked or suspended.
15 Is that the intention that there
16 would be other issues to discontinue the
17 practice of medicine without an order, without
18 another order already having revoked or
19 suspending the license?
20 SENATOR HANNON: I don't think -
21 I think, first of all, we're dealing with folks
22 that come into the state. These are proceedings
23 under line 40, pleaded guilty, convicted of an
8729
1 act that constitutes a felony, constituting a
2 felony under New York law.
3 SENATOR DOLLINGER: Right.
4 SENATOR HANNON: So it may be -
5 it may be, say, a misdemeanor under federal or
6 some other state's law, but if it equals a
7 felony under our law, then they get, subject to
8 this section, what would constitute a -- and
9 then the "substantially equivalent to a fine",
10 so once again there's a record part of this.
11 SENATOR DOLLINGER: Right.
12 SENATOR HANNON: So my point to
13 you is, I think there's enough severity that
14 they have to make a judgment based on how severe
15 the acts are.
16 SENATOR DOLLINGER: Just two
17 other again technical -
18 ACTING PRESIDENT KUHL: Senator
19 Hannon, you continue to yield?
20 SENATOR DOLLINGER: I apologize.
21 ACTING PRESIDENT KUHL: Senator
22 continues to yield.
23 SENATOR DOLLINGER: Does this
8730
1 anticipate that the Commissioner could go to
2 court to enforce that order, that is requiring
3 that they discontinue or refrain from practicing
4 medicine and, if so, do you need express statu
5 tory authority to authorize the Commissioner to
6 go into a court to enforce that order?
7 SENATOR HANNON: Sufficient
8 statutory authority under the general powers of
9 the Commissioner.
10 SENATOR DOLLINGER: O.K.
11 SENATOR HANNON: There is nothing
12 that was further needed than this if, for
13 instance, there was to be a flaunting of the
14 order of the Commissioner.
15 SENATOR DOLLINGER: That's my
16 concern. One final question, Mr. Chairman. Is
17 there anticipated that there would be an interim
18 court appeal upon the issue of that order saying
19 discontinue or refrain from practice?
20 SENATOR HANNON: There was.
21 SENATOR DOLLINGER: Because my
22 question, the reason for that is because what
23 this triggers is, this triggers the ability of
8731
1 the Commissioner to say stop practicing
2 medicine. We're going to do this investigation
3 which is described in the later -- later act,
4 another portion of that section.
5 Is it anticipated that an
6 aggrieved physician could seek Article 78 or
7 some similar relief on the basis of the order to
8 refrain even while the continuing administrative
9 appeal was pending?
10 SENATOR HANNON: They can do
11 that, but if it's egregious, the whole idea is
12 to make sure that they can not continue.
13 SENATOR DOLLINGER: Right. I'm
14 simply trying to find out whether the -- I
15 understand you want to put them through the
16 administrative process, but as an advocate for
17 physicians in other contexts, I would be looking
18 to see whether I could challenge the order of
19 the Commissioner, and do you need to give them
20 the authority to do that?
21 SENATOR HANNON: Can, but the
22 ideas is not to allow the challenge, in serious
23 cases to allow the individual to continue to
8732
1 practice.
2 SENATOR DOLLINGER: You would
3 allow them -- in other words this is interpreted
4 to allow them to exhaust their administrative
5 remedies before they go to the courtroom.
6 That's what I thought it was supposed to be. Is
7 that correct?
8 SENATOR HANNON: Yes.
9 SENATOR DOLLINGER: Briefly on
10 the bill, Mr. President.
11 I think this is a good step. I
12 think it does address a significant problem in
13 this state. I -- my understanding is the
14 Medical Society is on board with this, and I
15 think this whole concept of perhaps breaking
16 down some of the public secrecy that too often
17 surrounds both disciplining of physicians,
18 disciplining of lawyers, disciplining perhaps
19 even of judges, I think it's important that the
20 public have confidence in our disciplinary
21 process, have greater access to information
22 about how it works. So I'll be voting in favor
23 of this, Mr. President.
8733
1 ACTING PRESIDENT KUHL: Secretary
2 will read the last section.
3 SENATOR PADAVAN: Mr. President.
4 ACTING PRESIDENT KUHL: Senator
5 Padavan.
6 SENATOR PADAVAN: Will the
7 sponsor yield to a question?
8 ACTING PRESIDENT KUHL: Senator
9 Hannon, do you yield to a question from Senator
10 Padavan?
11 SENATOR HANNON: Yes.
12 ACTING PRESIDENT KUHL: Senator
13 yields.
14 SENATOR PADAVAN: Senator, res
15 idents graduate from a medical school assigned
16 to a hospital, aren't licensed, as you know.
17 SENATOR HANNON: Yes.
18 SENATOR PADAVAN: As a matter of
19 fact, they can't take Part III of the national
20 boards for at least six months thereafter, so
21 you have now an unlicensed person who, in
22 effect, is a graduate student. Even though he
23 graduated medical school. He's still an
8734
1 unlicensed physician, and he makes a mistake.
2 He's supposed to be under the supervision of a
3 physician in the hospital. He was obviously
4 senior person, staff. Under your bill, what
5 happens to this recently graduated medical
6 student, not yet licensed?
7 SENATOR HANNON: We would add
8 under Section 1 of the bill medical residents to
9 those individuals who would be subject to
10 disciplinary standards of the Office of
11 Professional Conduct.
12 SENATOR PADAVAN: But those
13 standards relate to his license, don't they?
14 SENATOR HANNON: Standards relate
15 to the conduct that the person must use in
16 carrying out their duties. The license per se
17 is that you're of good character and did you pay
18 your fee and things like that? It is -- and in
19 the way we've worded the bill, the term
20 "licensee" shall mean da-da da-da-da, medical
21 resident.
22 SENATOR PADAVAN: But you do not
23 get licensed until you have completed Part III
8735
1 of the national boards and have completed at
2 least six months of work in a hospital as a
3 resident.
4 SENATOR HANNON: Well, we're not
5 deeming someone to be licensed by this. We're
6 just saying for the purposes of jurisdiction of
7 this committee the licensee shall include these
8 individuals.
9 SENATOR PADAVAN: What would be
10 the nature of the discipline? In most cases,
11 it's either suspension or revocation of a
12 license. In this case, there is none.
13 SENATOR HANNON: It may be
14 ineligibility to go further in the profession.
15 Sometimes it's not entirely the suspension of
16 the license, but limiting the license to certain
17 types of procedures. For instance, if somebody
18 were to be -- were to be a surgeon, it might -
19 and the rest of their practice had been fine,
20 they might limit and exclude from their
21 permitted practice, you can only do surgery. It
22 might be for people who are harassing
23 individuals that they cannot treat anybody
8736
1 alone, and they must always have somebody
2 practicing with them.
3 So there's a number of ways and
4 when you're dealing -- you're dealing here with
5 a balance of making sure you have quality care,
6 integrity in their quality of care, and you're
7 also dealing with the person's property rights
8 and that's what the courts have recognized and
9 we are going to make sure we get through those
10 balances.
11 SENATOR PADAVAN: Well, I'm going
12 to vote for the bill, Mr. President, because I
13 understand the basic motivations, but I think we
14 have to be very careful in this area. We have
15 these young doctors just out of medical school
16 put into environments and situations that are
17 somewhat familiar by virtue of their two years
18 of clinical training, but in many cases quite
19 new. Put them to work for 60, 70, 80 hours a
20 week sometimes, depending on the hospital, under
21 close supervision in some of the hospitals,
22 particularly in the city of New York with
23 limited supervision, and so mistakes can happen
8737
1 and how -- how disciplinary action is applied
2 under those circumstances, I think, has to be
3 considered very, very carefully, the motivation,
4 experience, and all the other things taken into
5 consideration.
6 ACTING PRESIDENT KUHL: Any other
7 Senator wishing to speak on the bill? Hearing
8 none, the Secretary will read the last section.
9 THE SECRETARY: Section 11. 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 57.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 Senator Marcellino.
18 SENATOR MARCELLINO: Yes, Mr.
19 President. I believe there is a privileged
20 resolution by Senator Kuhl at the desk. May we
21 have the title read and move its acceptance.
22 ACTING PRESIDENT KUHL: Return to
23 the order of motions and resolutions. The
8738
1 Secretary will read the title of the privileged
2 resolution.
3 THE SECRETARY: By Senator Kuhl,
4 Legislative Resolution commending Joseph F.
5 Mead, Jr. upon the occasion of his designation
6 as 1996 Rotary Citizen of the Year,
7 Hammondsport, New York.
8 ACTING PRESIDENT KUHL: Question
9 of is on the resolution. All those in favor
10 signify by saying aye.
11 (Response of "Aye.")
12 Opposed nay.
13 (There was no response.)
14 The resolution is adopted.
15 Senator Marcellino.
16 SENATOR MARCELLINO: Mr.
17 President, may we return to the original
18 calendar and call up Calendar Number 1592, by
19 Senator Sears.
20 ACTING PRESIDENT KUHL: We'll
21 return to the original calendar, Calendar Number
22 63, return to page 41, ask the Secretary to read
23 the title to Calendar Number 1592, by Senator
8739
1 Sears.
2 THE SECRETARY: Calendar Number
3 1592, by Senator Sears, Senate Print 7771, an
4 act to legalize, validate, ratify and confirm.
5 ACTING PRESIDENT KUHL: Senator
6 Marcellino.
7 SENATOR MARCELLINO: Mr.
8 President, I believe there's a message of
9 necessity at the desk.
10 ACTING PRESIDENT KUHL: There
11 is.
12 SENATOR MARCELLINO: Move its
13 adoption.
14 ACTING PRESIDENT KUHL: Motion is
15 to accept the message of necessity on Calendar
16 Number 1592. All those in favor signify by
17 saying aye.
18 (Response of "Aye.")
19 Opposed nay.
20 (There was no response.)
21 The message is accepted.
22 The Secretary will read the last
23 section.
8740
1 THE SECRETARY: Section 3. 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 57.
7 ACTING PRESIDENT KUHL: Senator
8 Marcellino.
9 SENATOR MARCELLINO: Mr.
10 President, may we return to calendar -
11 Supplemental Calendar Number 1, and call up
12 Calendar 1614, please.
13 ACTING PRESIDENT KUHL: Secretary
14 will return to Supplemental Calendar Number 1.
15 ACTING PRESIDENT KUHL: For the
16 record, Calendar Number 1592 was passed. Now,
17 moving to Supplemental Calendar Number 1, page
18 2, Calendar Number 1614, by Senator Johnson.
19 Ask the Secretary to read the title.
20 THE SECRETARY: Calendar Number
21 -- excuse me. Calendar Number 1614, by Senator
22 Johnson, Senate Print 7142-A, an act to amend
23 the Real Property Tax Law.
8741
1 ACTING PRESIDENT KUHL: Senator
2 Marcellino.
3 SENATOR MARCELLINO: Mr.
4 President, I believe there's a message of
5 necessity at the desk.
6 ACTING PRESIDENT KUHL: There
7 is.
8 SENATOR MARCELLINO: I move the
9 acceptance.
10 ACTING PRESIDENT KUHL: Motion is
11 to accept the message of necessity on Calendar
12 Number 1614. All those in favor signify by
13 saying aye.
14 (Response of "Aye.")
15 Opposed nay.
16 (There was no response. )
17 The the message is accepted. The
18 Secretary will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
8742
1 THE SECRETARY: Ayes 57.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 Senator Marcellino.
5 SENATOR MARCELLINO: Mr.
6 President, may we return to the main calendar
7 and call up Calendar Number 173, by Senator
8 Johnson.
9 ACTING PRESIDENT KUHL: Return
10 to Calendar Number 63, the original calendar of
11 the day, page 5, ask the Secretary to read the
12 title of the Calendar Number 173, by Senator
13 Johnson.
14 THE SECRETARY: Calendar Number
15 173, by Senator Johnson, Senate Print Number
16 5344-B, an act to amend the Correction Law, the
17 Criminal Procedure Law, and the Social Services
18 Law.
19 ACTING PRESIDENT KUHL: Senator
20 Marcellino.
21 SENATOR MARCELLINO: Mr.
22 President.
23 ACTING PRESIDENT KUHL: Senator
8743
1 Marcellino.
2 SENATOR MARCELLINO: Is there a
3 message of necessity at the desk?
4 ACTING PRESIDENT KUHL: There
5 is.
6 SENATOR MARCELLINO: Move its
7 acceptance.
8 ACTING PRESIDENT KUHL: The
9 motion is to accept the message of necessity on
10 Calendar Number 173. All those in favor signify
11 by saying aye.
12 (Response of "Aye.")
13 Opposed nay.
14 (There was no response.)
15 The message is accepted.
16 Senator Montgomery, did you wish
17 to ask an explanation on Calendar Number 173?
18 Senator Johnson.
19 Excuse me. Senator Marcellino,
20 before the explanation, did you have an
21 announcement?
22 SENATOR MARCELLINO: Yes. Can we
23 call an immediate meeting of the Finance
8744
1 Committee in Room 332.
2 ACTING PRESIDENT KUHL: There
3 will be an immediate meeting of the Senate
4 Finance Committee in the Majority Conference
5 Room, Room 332. Immediate meeting of the
6 Finance Committee in the Majority Conference
7 Room, Room 332.
8 Senator Johnson. Senator
9 Montgomery?
10 SENATOR MONTGOMERY: Yes, Mr.
11 President. I wonder if it would be more
12 expedient if Senator Johnson would yield to a
13 question. I think -
14 ACTING PRESIDENT KUHL: Senator
15 Johnson, do you yield to a question from Senator
16 Montgomery?
17 SENATOR JOHNSON: Yes, Mr.
18 President.
19 ACTING PRESIDENT KUHL: Senator
20 yields.
21 SENATOR MONTGOMERY: Yes, Senator
22 Johnson. I seem to remember this legislation
23 coming before us and the question that I had
8745
1 then is the question that I have now. In the
2 event that there is a person who is receiving
3 AFDC, which essentially is maintenance for the
4 children in that particular situation, what is
5 the safeguard that the children are not
6 automatically cut off and left in some -- in a
7 state without having any support before there is
8 a resolution to the placement of those children?
9 SENATOR JOHNSON: Senator,
10 actually, this bill is probably a salutary bill
11 in that it would deal with your concern because
12 it doesn't say that, when you're sentenced to
13 jail your welfare stops. It says that the local
14 services -- social services commissioner shall
15 be notified of the sentence and reinvestigate
16 the case. So I say Senator, probably would be
17 beneficial in that someone would find out about
18 the situation and deal with it properly in
19 accordance with the law.
20 SENATOR MONTGOMERY: Thank you.
21 Thank you, Mr. President.
22 ACTING PRESIDENT KUHL: Secretary
23 will read the last section.
8746
1 THE SECRETARY: Section 4. 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 THE SECRETARY: Ayes 57.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Ayes 56, nays
10 one, Senator Seabrook recorded in the negative.
11 ACTING PRESIDENT KUHL: Senator
12 Marcellino.
13 SENATOR MARCELLINO: Mr.
14 President, do we have any housekeeping at the
15 desk, my proverbial question?
16 ACTING PRESIDENT KUHL: No
17 housekeeping at the desk.
18 SENATOR MARCELLINO: Mr.
19 President, I suggest that the house stand at
20 ease awaiting the report of the Finance
21 Committee or further messages of necessity by
22 the Governor.
23 ACTING PRESIDENT KUHL: The
8747
1 Senate will stand at ease for a few moments.
2 Thank you, Mr. President.
3 ACTING PRESIDENT KUHL: For the
4 benefit of the members, there will be an
5 immediate meeting of the Rules Committee, an
6 immediate meeting of the Rules Committee in the
7 Majority Conference Room, Room 332. There will
8 be an immediate meeting of the Rules Committee
9 in the Majority Conference Room, Room 332, and
10 with that, Senate will stand at ease.
11 (The Senate stood at ease from
12 6:53 p.m. to 7:12 p.m.)
13 ACTING PRESIDENT MARCELLINO:
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 if we could return to reports of standing
17 committees, I believe there's a report from the
18 Finance Committee at the desk. I'd ask that it
19 be read.
20 ACTING PRESIDENT MARCELLINO: The
21 Secretary will read the report of the Finance
22 Committee.
23 THE SECRETARY: Senator Stafford,
8748
1 from the Committee on Finance, offers up the
2 following nomination -
3 ACTING PRESIDENT MARCELLINO: Can
4 the house come to order, please. Can we take
5 our conversations out to the outer room so we
6 can do business.
7 Thank you.
8 THE SECRETARY: -- member of the
9 New York State Hospital Review and Planning
10 Council: Shirish J. Parikh, M.D. of Menands.
11 ACTING PRESIDENT MARCELLINO:
12 Senator Stafford.
13 SENATOR STAFFORD: Thank you, Mr.
14 President.
15 I yield to Senator Hannon.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Hannon.
18 SENATOR HANNON: Thank you very
19 much, Mr. President.
20 Dr. Parikh appeared before the
21 committee yesterday. He is a distinguished
22 physician, the radiologist in chief at Samaritan
23 Hospital in Troy as well as an attending
8749
1 radiologist at Child's Hospital in Saratoga, St.
2 Mary's in -- and Amsterdam Memorial and Leonard.
3 Can we get a little order just so
4 at least what I'm saying makes it into the
5 record.
6 SENATOR STAFFORD: Please, Mr.
7 President.
8 ACTING PRESIDENT MARCELLINO: If
9 we could have some order in the house so that
10 Senator Hannon can be heard.
11 Thank you, gentlemen and ladies.
12 SENATOR HANNON: He is also a
13 board member of the Northeast Health Systems and
14 a member of their Strategic Planning Committee,
15 as well as being a member of the Upstate
16 Physicians Network board of directors.
17 The nomination that's being
18 proposed for is the State Hospital Review and
19 Planning Council, and his nomination was
20 recommended unanimously by the members of the
21 committee.
22 I would move his nomination, Mr.
23 President.
8750
1 ACTING PRESIDENT MARCELLINO: Is
2 there anyone wishing to speak on the
3 nomination?
4 (There was no response.)
5 The motion is on the nomination
6 of Shirish J. Parikh of Menands for a term as a
7 member of the New York State Hospital Review and
8 Planning Council. All in favor signify by
9 saying aye.
10 (Response of "Aye".)
11 Opposed, nay.
12 (There was no response.)
13 Dr. Parikh is confirmed.
14 Congratulations.
15 The Secretary will read.
16 THE SECRETARY: Member of the New
17 York State Hospital Review and Planning
18 Council: Jane Rees of Rome.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Hannon.
21 SENATOR HANNON: Another
22 nomination that has been unanimously recommended
23 by the Health Committee. Ms. Rees appeared
8751
1 before the committee yesterday for the -- she is
2 being nominated for a position with the State
3 Hospital Planning and Review Council.
4 She is the president of the
5 Stonehenge Nursing Homes in Rome and in
6 Chenango, New York and has served at a facility
7 which has not received any bad terms for the
8 length of its existence for about 15 years. She
9 is active in the community. She is overseeing
10 the substantial application permit process and
11 has gone through New York's excruciating
12 certificate of need procedure for renovations
13 and upgrades.
14 We recommend her for confirmation
15 of this nomination, Mr. President.
16 ACTING PRESIDENT MARCELLINO: Is
17 there any other Senator wishing to speak on the
18 nomination?
19 (There was no response.)
20 The question is on the nomination
21 of Jane Rees of Rome for a term to expire
22 December 9, 1996 as a member of the New York
23 State Hospital Review and Planning Council. All
8752
1 in favor signify by saying aye.
2 (Response of "Aye".)
3 Opposed, nay.
4 (There was no response.)
5 Jane Rees is appointed as -- is
6 recommended as a member of the New York State
7 Hospital Review and Planning Council.
8 Congratulations, Jane Rees, wherever you are.
9 SENATOR SKELOS: Mr. President,
10 stand at ease for a moment.
11 ACTING PRESIDENT MARCELLINO: The
12 house will stand at ease.
13 (Whereupon, the Senate stood at
14 ease from 7:22 p.m. until 7:30 p.m.)
15 Senator Montgomery, why do you
16 rise?
17 SENATOR MONTGOMERY: Mr.
18 President, I would like unanimous consent to be
19 recorded in the negative on Calendars Number
20 1391, 1594, 1599 and 1645.
21 ACTING PRESIDENT MARCELLINO: The
22 record, without objection, will so reflect.
23 SENATOR MONTGOMERY: Thank you.
8753
1 ACTING PRESIDENT MARCELLINO:
2 Senator Hoblock, why do you rise?
3 SENATOR HOBLOCK: Mr. President,
4 I was out of the chamber when Calendar Number
5 271 was voted upon. That's Senate Bill 5960-A.
6 I would like to be recorded in the negative with
7 unanimous consent to do so.
8 ACTING PRESIDENT MARCELLINO:
9 Without objection, the record will so reflect.
10 Senator DiCarlo.
11 SENATOR DiCARLO: Mr. President,
12 I request unanimous consent to be recorded in
13 the negative on Calendar Number 721.
14 ACTING PRESIDENT MARCELLINO:
15 Without objection, the record will so reflect.
16 SENATOR DiCARLO: Mr. President.
17 ACTING PRESIDENT MARCELLINO:
18 Yes, Senator DiCarlo.
19 SENATOR DiCARLO: Just want to
20 check to be recorded in the negative on Calendar
21 271, not 721.
22 ACTING PRESIDENT MARCELLINO: We
23 will so revise the record to reflect you're in
8754
1 the negative on Calendar Number 271 and in the
2 affirmative on Calendar Number 721.
3 SENATOR SKELOS: Mr. President.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Skelos.
6 SENATOR SKELOS: On the regular
7 calendar, would you please call up Calendar
8 100...
9 ACTING PRESIDENT MARCELLINO: I'm
10 sorry, sir?
11 SENATOR SKELOS: On the regular
12 calendar, would you please call up Calendar
13 Number 1009 by Senator Maziarz.
14 ACTING PRESIDENT MARCELLINO: The
15 Secretary will read Calendar Number 1009 from
16 the main calendar.
17 THE SECRETARY: Calendar Number
18 1009, by Senator Maziarz, Senate Print 7312-A,
19 an act to amend the Public Health Law and the
20 Mental Hygiene Law.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section -- an explanation has been
23 requested from Senator Maziarz, if we could just
8755
1 wait a moment.
2 SENATOR MONTGOMERY: Explanation.
3 ACTING PRESIDENT MARCELLINO:
4 It's already been done, Senator. We're waiting
5 for him to come into the chambers.
6 Senator Maziarz, an explanation
7 of your bill, Calendar Number 1009, Print Number
8 732 -- 7312-A has been asked for by Senator
9 Montgomery and Senator Leichter.
10 SENATOR MAZIARZ: Thank you very
11 much, Mr. President.
12 Mr. President, the purpose of
13 this regulatory reform bill is to eliminate the
14 Health Systems Agency from the certificate of
15 need approval process.
16 Currently, there are three levels
17 of approval in New York State, Mr. President,
18 the Department of Health, the State Hospital
19 Review and Planning Council and the Health
20 Systems Agency. My bill will eliminate the
21 Health Systems Agency approval which will
22 shorten the certificate of need approval time
23 and provide for the type of regulatory relief
8756
1 health care providers have been requesting.
2 This bill, I might add, Mr.
3 President, is supported by the Hospital
4 Association -- Hospital Association of the state
5 of New York (HANYS) and the Western New York
6 Hospital Association.
7 ACTING PRESIDENT MARCELLINO:
8 Senator Leichter.
9 SENATOR LEICHTER: Mr. President,
10 just briefly on the bill. I think it's
11 regrettable that we're eliminating the Health
12 Systems Agencies from the regulatory process.
13 Senator Maziarz, you point out,
14 Well, you still have the Health Department. You
15 have the state council -- whatever their name
16 is. The fact is that both of those are really
17 controlled by the executive. There's no
18 independence in either of those bodies. In
19 fact, the relationship between the hospital
20 health planning council, whatever its name is,
21 and the Health Department, of course, is so
22 close that they're really identical.
23 The importance of the Health
8757
1 System Agencies is that they represent an
2 independent assessment, very often reflected
3 community needs. I think one of the reasons
4 that they're being removed -- I know they have
5 been defunded -- is because they were an
6 independent voice and often disagreed with
7 official policies, whether it came from Governor
8 Mario Cuomo or Governor George Pataki. They did
9 exist and they function to protect the public,
10 and to remove them from our system of
11 determining what sort of health services that
12 are going to exist, what sort of health
13 facilities, I think is a mistake.
14 ACTING PRESIDENT KUHL: Senator
15 Montgomery.
16 SENATOR MONTGOMERY: Yes, Mr.
17 President. I too rise in objection to
18 eliminating the HSA as part of the planning
19 process for health services because the HSA is a
20 very local organization and their knowledge and
21 understanding of health services at the very,
22 very local level -- for instance, New York City
23 on a borough-by-borough basis, on a neighbor
8758
1 hood-by-neighborhood basis, it's -- it has been
2 the HSA that has been the primary agency to look
3 at health trends, health care needs, where the
4 greatest need for hospitals, where beds should
5 be -- should try and be part of the planning
6 process for hospitals doing regional services,
7 that -- all of that has been done by the local
8 HSA in New York City, and for us to lose that
9 agency means that we lose a hands-on agency as
10 part of the planning process for our very local
11 needs.
12 And so, Mr. President, I really
13 think that this is a big mistake that we're
14 making. I realize that the HSAs have not been
15 funded for the last two years. That also is
16 unfortunate. It's a small amount of money which
17 resulted for us in a great capacity to look at
18 the future and to try and determine what kinds
19 of decisions made sense for this body as well as
20 the Health Department, as well as local health
21 providers as it relates to health and mental
22 health services.
23 So I would really like to have
8759
1 that decision revisited, if you will, because I
2 think that it is a big mistake. It's a big loss
3 for both the state as well as the localities in
4 the state.
5 ACTING PRESIDENT KUHL: Is there
6 any other Senator wishing to speak on the bill?
7 (There was no response.)
8 Hearing none, the Secretary will
9 read the last section.
10 THE SECRETARY: Section 21. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 1009: Senators
17 Abate, Dollinger, Leichter, Libous, Mendez,
18 Montgomery, Paterson, Seabrook, Smith and
19 Waldon. Ayes 47, nays 10.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President,
8760
1 if we could return to reports of standing
2 committees, I believe there's a report of the
3 Rules Committee at the desk. I'd ask that it be
4 read.
5 ACTING PRESIDENT KUHL: There is,
6 Senator Skelos. We'll return to the order of
7 standing committees. I'll ask the Secretary to
8 read the report of the Rules Committee.
9 THE SECRETARY: Senator Bruno,
10 from the Committee on Rules, offers up the
11 following bills directly for third reading:
12 By Senator Present, Senate Print
13 430, an act to amend the Real Property Tax Law;
14 By Senator Gonzalez, Senate Print
15 1094, an act to amend the Election Law;
16 By Senator Spano, Senate Print
17 1118, an act to amend the Alcoholic Beverage
18 Control Law;
19 By Senator Trunzo, 1323, an act
20 to amend the Executive Law;
21 By Senator Stafford, 5410-B, an
22 act to amend the Alcoholic Beverage Control Law;
23 By Senator Wright, 6132-B, an act
8761
1 to authorize the village of Alexandria Bay;
2 By Senator Johnson, 6304, an act
3 to amend the Public Health Law;
4 By Senator Abate, Senate Print
5 6863, an act to amend the Alcoholic Beverage
6 Control Law;
7 By Senator Alesi, Senate Print
8 6911, an act to authorize the county of Monroe;
9 By the Committee on Rules, Senate
10 Print 6968, an act to amend the Highway Law;
11 By Senator Libous, Senate Print
12 7023-A, an act to authorize the village of
13 Waverly;
14 By Senator Farley, 7138, an act
15 to amend the Banking Law;
16 By Senator Hannon, 7212-A, an act
17 to amend the Public Health Law;
18 By Senator Maziarz, 7276, an act
19 to amend the State Administrative Procedure Act;
20 By Senator Kuhl, 7294, an act to
21 amend the Alcoholic Beverage Control Law;
22 By Senator Bruno, Senate 7607, an
23 act to amend the Election Law;
8762
1 By Senator Sears, 7747-A, an act
2 authorizing the city of Utica;
3 By the Committee on Rules, 7763,
4 an act to amend the Administrative Code of the
5 city of New York;
6 By the Committee on Rules, 7777,
7 an act to amend the Public Health Law;
8 By Senator Stafford, 7819, an act
9 to amend the Public Health Law;
10 By Senator Stafford, 7820, an act
11 to amend the Railroad Law;
12 By Senator Cook, 7825, an act to
13 amend the Executive Law;
14 By Senator Bruno, 7856-A, an act
15 to amend the Election Law;
16 By the Committee on Rules, 7865,
17 an act to amend the Racing, Pari-mutuel Wagering
18 Law;
19 By Senator Oppenheimer, 7467, an
20 act to authorize the payment of transportation;
21 By Senator Libous, 7699, an act
22 to enact the Cigarette Tax Enforcement Act;
23 By Senator Maltese, Senate Bill
8763
1 6475, an act to amend the Administrative Code of
2 the city of New York.
3 All bills directly for third
4 reading.
5 ACTING PRESIDENT KUHL: Senator
6 Skelos.
7 SENATOR SKELOS: Mr. President, I
8 move we accept the report of the Rules
9 Committee.
10 ACTING PRESIDENT KUHL: The
11 motion is to accept the report of the Rules
12 Committee. All those in favor signify by saying
13 aye.
14 (Response of "Aye".)
15 Opposed, nay.
16 (There was no response.)
17 The resolution -- or, excuse me.
18 The Rules report is accepted.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 if we could take up the Supplemental Rules
22 Report Number 4, non-controversial.
23 ACTING PRESIDENT KUHL: All of
8764
1 the members should have all of the bills on
2 Supplemental Calendar Number 4 on their desk.
3 You also should have Supplemental Calendar 4 on
4 your desk.
5 I'll ask the Secretary to read
6 Supplemental Calendar Number 4, the non
7 controversial reading.
8 THE SECRETARY: Calendar Number
9 1648, by Senator Present, Senate Print 430, an
10 act to amend the Real Property Tax Law.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 57.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1649, by Senator Gonzalez, Senate Print 1094, an
23 act to amend the Election Law.
8765
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first day of
5 November.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 57.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1650, by Senator Spano, Senate Print 1118 -
14 SENATOR PATERSON: Lay it aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 1651, by Senator Trunzo, Senate Print 1323, an
19 act to amend the Executive Law.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8766
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 57.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1652, by Senator Stafford, Senate Print 5410-B,
9 an act to amend the Alcoholic Beverage Control
10 Law.
11 SENATOR PATERSON: Lay it aside.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 1653, by Senator Wright, Senate Print 6132-B, an
16 act to authorize the village of Alexandria Bay.
17 ACTING PRESIDENT KUHL: The bill
18 is high. Lay the bill aside.
19 THE SECRETARY: Calendar Number
20 1654, by Senator Johnson, Senate Print 6304, an
21 act to amend the Public Health Law.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
8767
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 57.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1655, by Senator Abate, Senate Print 6863, an
11 act to amend the Alcoholic Beverage Control Law.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 57.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1656, by Senator Alesi, Senate Print 6911, an
8768
1 act to authorize the county of Monroe.
2 ACTING PRESIDENT KUHL: There is
3 a home rule message at the desk. The Secretary
4 will read the last section.
5 THE SECRETARY: Section 3. 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 57.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1657, by the Committee on Rules, Senate Print
15 6968, an act to amend the Highway Law.
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 57.
8769
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1658, by Senator Libous, Senate Print 7023-A, an
5 act to authorize the village of Waverly.
6 ACTING PRESIDENT KUHL: There is
7 a home rule message at the desk. The Secretary
8 will read the last section.
9 THE SECRETARY: Section 5. 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 57.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1659, by Senator Farley, Senate Print 7138, an
19 act to amend the Banking Law.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
8770
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 57.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1660, by Senator Hannon, Senate Print 7212-A, an
9 act to amend the Public Health Law.
10 ACTING PRESIDENT KUHL: Senator
11 Skelos.
12 SENATOR SKELOS: Mr. President,
13 is there a message of necessity at the desk?
14 ACTING PRESIDENT KUHL: There is.
15 SENATOR SKELOS: I move we
16 accept.
17 ACTING PRESIDENT KUHL: The
18 motion is to accept the message of necessity on
19 Calendar Number 1660. All those in favor
20 signify by saying aye.
21 (Response of "Aye".)
22 Opposed, nay.
23 (There was no response.)
8771
1 The message is accepted.
2 The Secretary will read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 57.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1661, Senator Maziarz moves to discharge from
14 the Committee on Commerce, Economic Development
15 and Small Business Assembly Bill Number 7756-A
16 and substitute it for the identical Senate Bill
17 7276.
18 ACTING PRESIDENT KUHL: The
19 substitution is ordered.
20 The Secretary will read the
21 title.
22 THE SECRETARY: Calendar Number
23 1661, by the Assembly Committee on Rules,
8772
1 Assembly Print 7756-A, an act to amend the State
2 Administrative Procedure Act.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on January 1st.
7 SENATOR LEICHTER: Lay it aside.
8 ACTING PRESIDENT KUHL: Lay the
9 bill aside.
10 THE SECRETARY: Calendar Number
11 1662, by Senator Kuhl, Senate Print 7294, an act
12 to amend the Alcoholic Beverage Control Law.
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 57.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
8773
1 1663, by Senator Bruno, Senate Print 7607, an
2 act to amend the Election Law.
3 SENATOR PATERSON: Lay it aside.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside.
6 THE SECRETARY: Calendar Number
7 1664, by Senator Sears, Senate Print 7747-A, an
8 act authorizing the city of Utica.
9 ACTING PRESIDENT KUHL: Senator
10 Bruno.
11 SENATOR BRUNO: Is there a
12 message at the desk, Mr. President?
13 ACTING PRESIDENT KUHL: Yes,
14 there is. The motion is to accept the message
15 of necessity at the desk on Calendar Number
16 1664. All those in favor signify by saying
17 aye.
18 (Response of "Aye".)
19 Opposed, nay.
20 (There was no response.)
21 The message is accepted.
22 There's a home rule message at
23 the desk.
8774
1 The Secretary will read the last
2 section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 57.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1665, by the Committee on Rules, Senate Print
13 7763, an act to amend the Administrative Code of
14 the city of New York.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: This act shall
18 take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT KUHL: The bill
8775
1 is passed.
2 THE SECRETARY: Calendar Number
3 1666, by the Committee on Rules, Senate Print
4 7777, an act to amend the Public Health Law.
5 ACTING PRESIDENT KUHL: Senator
6 Bruno.
7 SENATOR BRUNO: Is there a
8 message of necessity, Mr. President?
9 ACTING PRESIDENT KUHL: There is
10 a message at the desk.
11 SENATOR BRUNO: I move to accept
12 the message.
13 ACTING PRESIDENT KUHL: The
14 motion is to accept the message on Calendar
15 Number 1666. All those in favor signify by
16 saying aye.
17 (Response of "Aye".)
18 Opposed, nay.
19 (There was no response.)
20 The message is accepted.
21 The Secretary will read the last
22 section.
23 THE SECRETARY: Section 11. This
8776
1 act shall take effect on the 180th day.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 57.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1667, by Senator Stafford, Senate Print 7819, an
10 act to amend the Public Health Law.
11 ACTING PRESIDENT KUHL: Senator
12 Bruno.
13 SENATOR BRUNO: Is there a
14 message at the desk, Mr. President?
15 ACTING PRESIDENT KUHL: There is.
16 SENATOR BRUNO: Move to accept
17 the message.
18 ACTING PRESIDENT KUHL: The
19 motion is to accept the message of necessity on
20 Calendar Number 1667. All those in favor
21 signify by saying aye.
22 (Response of "Aye".)
23 Opposed, nay.
8777
1 (There was no response.)
2 The message is accepted.
3 The Secretary will read the last
4 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 57.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1668, by Senator Stafford, Senate Print 7820, an
15 act to amend the Railroad Law.
16 ACTING PRESIDENT KUHL: Senator
17 Bruno.
18 SENATOR BRUNO: Is there a
19 message at the desk?
20 ACTING PRESIDENT KUHL: There is.
21 SENATOR BRUNO: I move we accept
22 the message.
23 ACTING PRESIDENT KUHL: The
8778
1 motion is to accept the message of necessity on
2 Calendar Number 1668. All those in favor
3 signify by saying aye.
4 (Response of "Aye".)
5 Opposed, nay.
6 (There was no response.)
7 The message is accepted.
8 The Secretary will read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 57.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1669, by Senator Cook, Senate Print 7825, an act
20 to amend the Executive Law.
21 ACTING PRESIDENT KUHL: Senator
22 Bruno.
23 SENATOR BRUNO: Is there a
8779
1 message at the desk?
2 ACTING PRESIDENT KUHL: There is.
3 SENATOR BRUNO: Move to accept
4 the message.
5 ACTING PRESIDENT KUHL: The
6 motion is to accept the message on Calendar
7 Number 1669. All those in favor signify by
8 saying aye.
9 (Response of "Aye".)
10 Opposed, nay.
11 (There was no response.)
12 The message is accepted.
13 The Secretary will read the last
14 section.
15 THE SECRETARY: Section 47. 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 57.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
8780
1 1670, by Senator Bruno, 7856-A, an act to amend
2 the Election Law.
3 ACTING PRESIDENT KUHL: Senator
4 Bruno.
5 SENATOR BRUNO: Is there a
6 message at the desk?
7 ACTING PRESIDENT KUHL: There is.
8 SENATOR BRUNO: I would move we
9 accept the message.
10 ACTING PRESIDENT KUHL: The
11 motion is to accept the message of necessity on
12 Calendar Number 1670. All those in favor
13 signify by saying aye.
14 (Response of "Aye".)
15 Opposed, nay.
16 (There was no response.)
17 The message is accepted.
18 The Secretary will read the
19 last -
20 SENATOR PATERSON: Lay it aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
8781
1 1671, by the Committee on Rules, Senate Print
2 7865, an act to amend the Racing, Pari-mutuel
3 Wagering and Breeding Law.
4 ACTING PRESIDENT KUHL: Senator
5 Bruno.
6 SENATOR BRUNO: Is there a
7 message at the desk?
8 ACTING PRESIDENT KUHL: There is.
9 SENATOR BRUNO: I move we accept
10 the message.
11 ACTING PRESIDENT KUHL: The
12 motion is to accept the message. All those in
13 favor signify by saying aye.
14 (Response of "Aye".)
15 Opposed, nay.
16 (There was no response.)
17 The message is accepted.
18 The Secretary will read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
8782
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 57.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1672, by Senator Oppenheimer, Senate Print 7467,
7 an act to authorize the payment of
8 transportation aid.
9 ACTING PRESIDENT KUHL: There is
10 a local fiscal note at the desk. The Secretary
11 will read the last section.
12 THE SECRETARY: Section 2. 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 57.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1673, by Senator Libous, Senate Print 7699, an
22 act to enact the Cigarette Tax Enforcement Act
23 of 1996.
8783
1 SENATOR LEICHTER: Lay it aside.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside.
4 THE SECRETARY: Calendar Number
5 1674, by Senator Maltese, Senate Print 6475, an
6 act to amend the Administrative Code of the city
7 of New York.
8 SENATOR PATERSON: Lay it aside.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 SENATOR PADAVAN: Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 Padavan.
14 SENATOR PADAVAN: May I be
15 recorded in the negative on Calendar 1671.
16 ACTING PRESIDENT KUHL: What was
17 that number again, Senator Padavan?
18 SENATOR PADAVAN: 1671,
19 Calendar 1671.
20 ACTING PRESIDENT KUHL: Without
21 objection, hearing no objection, Senator Padavan
22 will be recorded in the negative on Calendar
23 Number 1671.
8784
1 Any other Senator wishing to
2 record a vote?
3 (There was no response.)
4 Hearing none, Senator Bruno.
5 SENATOR BRUNO: Mr. President,
6 can we move to the controversial calendar with
7 Supplemental Calendar Number 4.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the controversial reading of
10 Supplemental Calendar Number 4.
11 THE SECRETARY: Calendar Number
12 1650, by Senator Spano, Senate Print 1118, an
13 act to amend the Alcoholic Beverage Control Law,
14 in relation to permitting licenses authorized to
15 sell liquor.
16 SENATOR PATERSON: Explanation.
17 ACTING PRESIDENT KUHL: Senator
18 Spano for an explanation.
19 SENATOR SPANO: Mr. President,
20 this bill would allow liquor stores across the
21 state to sell cigars by the box and publications
22 on cigar products.
23 ACTING PRESIDENT KUHL: Senator
8785
1 Paterson.
2 SENATOR NANULA: Mr. President.
3 ACTING PRESIDENT KUHL: Senator
4 Nanula.
5 SENATOR NANULA: Senator Spano,
6 would you yield for a couple of questions,
7 please?
8 ACTING PRESIDENT KUHL: Senator
9 Spano, do you yield to Senator Nanula?
10 SENATOR SPANO: Yes.
11 ACTING PRESIDENT KUHL: The
12 Senator yields.
13 SENATOR NANULA: That was a very
14 brief explanation. I've got a couple of
15 questions relative to really the necessity of
16 expanding what is already a product available in
17 food stores, convenient stores and smoke shops
18 now to be available in liquor stores.
19 SENATOR SPANO: The thought,
20 Senator, was to allow for the small "mom and
21 pop" liquor stores -- who, frankly have been
22 struggling for a long, long time across the
23 state, to -- particularly those stores that
8786
1 cater to people who might come in to buy some
2 better wines or fine wines, to have people also
3 have an opportunity to purchase cigars by the
4 box at that store.
5 I don't think that this will
6 create any hardship on, say supermarkets or
7 convenient stores or those stores that currently
8 can sell those same type of products. All this
9 does is allow them to be involved in a pretty
10 specialized area. You know, there are -- you're
11 seeing cigar smoking today where -- which is on
12 the rise in some areas and people that might
13 want to go in and purchase a bottle of wine
14 would also have that extra opportunity to
15 purchase a box of cigars.
16 SENATOR NANULA: One other quick
17 question. This is really a -- in relation to
18 the fact -- and this issue has been debated in
19 the past in this chamber, in the Assembly.
20 Right now supermarkets and more specifically
21 small convenient stores and small food stores
22 are not able to sell liquor products. They're
23 not able -- other than, beer, of course.
8787
1 They're not able to sell wine. They're not able
2 to sell hard liquor. This issue now being able
3 to, in this case, if this bill were to become
4 law, have cigar sales in liquor stores. In your
5 opinion, do you believe that crates an unfair
6 advantage to liquor stores over small convenient
7 stores and food stores that are not able to sell
8 products that liquor stores sell?
9 SENATOR SPANO: I don't think it
10 does at all. People that -- people who will
11 stop at the convenient store to buy a newspaper
12 or to buy milk or bread or to -- whatever else
13 they might pick up at a convenient store or -- I
14 think it would be a different type of clientele,
15 a different -- that will also go in and try to
16 purchase a box of cigars.
17 It's -- I don't think that we're
18 talking about someone going in and buying, you
19 know, a White Owl cigar that might be sold in a
20 lot of the convenient stores. I don't think
21 you're seeing many of the convenient stores who
22 really cater to the -- to the real cheapo cigar
23 smokers, excuse the -
8788
1 SENATOR NANULA: On the bill.
2 Thank you, Senator Spano.
3 ACTING PRESIDENT KUHL: Senator
4 Nanula.
5 SENATOR NANULA: A couple of
6 points I would like to make regarding this
7 bill. In all due respect, Senator Spano, I
8 don't necessarily agree with you. This has been
9 an issue, liquor sales, wine sales and food
10 retail outlets versus liquor stores. It's been
11 debated intensely in this chamber in the past.
12 I think this certainly would create a clear
13 competitive advantage, possibly open the door
14 for additional tobacco-type sales, cigarettes,
15 chewing tobacco, et cetera, to be sold in liquor
16 stores right now. More so smaller convenient
17 stores are struggling. 18 to 25 percent of some
18 of these store sales come from tobacco
19 products. They're a drive into these smaller
20 stores to create other purchases and stimulate
21 other purchases. That certainly is a concern to
22 me.
23 In addition to that, we have -
8789
1 and, in fact, we have another bill today
2 relative to cigarette smoking and this issue in
3 the broader sense and, personally, I feel that
4 if we're going to be increasing the venues and
5 opportunities for people to buy tobacco
6 products, we need to be looking at that with
7 great scrutiny.
8 Right now, convenient stores are
9 a venue that sell tobacco products. There's
10 regulation -- there's not only regulation, but
11 there's enforcement of regulation at those
12 stores. There's a regulatory structure.
13 There's a bureaucratic structure put in place to
14 ensure that those regulations, whether it be
15 sales to minors, et cetera, are being followed.
16 This would be yet another venue that we, and
17 those of us who are concerned about the sale of
18 tobacco products are going to have to now look
19 at in terms of minors being -- having the
20 availability of tobacco products. I think it's
21 a move in the wrong direction. For these
22 reasons, and for these reasons, I'm going to
23 vote no on this bill.
8790
1 Thank you.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 60th day.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 Record the negatives and announce
10 the results.
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 1650: Senator
13 DeFrancisco, Senator Dollinger, Hoffmann, Levy,
14 Marcellino, Montgomery, Nanula, Seabrook and
15 Tully. Ayes 48 -- also Senator Skelos; also
16 Senator Trunzo. Ayes 46, nays 11.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1652, by Senator Stafford, Senate Print 5410-B,
21 an act to amend the Alcoholic Beverage Control
22 Law, in relation to agreements between brewers
23 and beer wholesalers.
8791
1 SENATOR PATERSON: Explanation.
2 ACTING PRESIDENT KUHL: Senator
3 Stafford for an explanation. Senator Paterson
4 asked for the explanation, Senator Stafford.
5 SENATOR STAFFORD: Mr.
6 President -
7 SENATOR CONNOR: The explanation
8 is satisfactory.
9 SENATOR STAFFORD: Last section,
10 please.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 SENATOR DOLLINGER: Explain my
19 vote, Mr. President.
20 ACTING PRESIDENT KUHL: Senator
21 Dollinger, to explain his vote.
22 SENATOR DOLLINGER: Mr.
23 President, this bill has a particularly adverse
8792
1 impact on one of the largest employers in my
2 district. Probably everybody in this room knows
3 the familiar brand of Genesee beer. Genesee
4 beer and the brewery is against this bill
5 because it will restrict rather than increase
6 competition among brewers in this state, and it
7 seems to me when there are 300 jobs in New York,
8 300 jobs directly at the brewery, there are
9 other people who depend on Genesee brewery in my
10 district.
11 It seems at a time when we both
12 want to increase competition, as I believe this
13 will not do, and at a time that we want to
14 preserve jobs right here in New York State, it
15 seems to me it makes good sense to look at the
16 impact of this on regional breweries. Genesee/
17 F.X. Matt's are against this bill because it
18 will adversely affect their ability to get on
19 the shelf and their ability to deal with the
20 wholesalers.
21 Although all politics is local,
22 Mr. President, in this instance, although there
23 may be some good aspects in this bill, I think
8793
1 the fact that the brewery in my district says
2 that this will adversely impact their ability to
3 compete and that it's anti-competitive in that
4 nature, it should be defeated, and I urge
5 everyone if you support jobs in this state and
6 support the need to keep those jobs in this
7 state, look at this bill and its impact on local
8 brewers and you'll find if you support those
9 jobs and want to keep them here, you'll have to
10 vote no.
11 Record me in the negative, Mr.
12 President.
13 ACTING PRESIDENT KUHL: Senator
14 Dollinger will be recorded in the negative.
15 Senator Stafford to explain his
16 vote.
17 SENATOR STAFFORD: Mr. President,
18 this is the second time I have explained my
19 vote. I would just like to clear the air and
20 correct what I would submit are statements in
21 error and are not in conformity with the facts.
22 All we wish to do is to have a
23 level playing field and have everybody be
8794
1 treated equally and fairly. There are thousands
2 and thousands of jobs involved here throughout
3 the state.
4 I have seen from my experience
5 someone who sells a product from a major
6 distributor -- from a distributor -- excuse me
7 -- from a manufacturer. I have seen them work
8 their hearts out. Their family worked their
9 hearts out for 44 years. Then I have seen them
10 told that you are no longer selling the product
11 and you will not be able to sell your point.
12 It is inequitable, unfair. There
13 are built-in provisions for everybody here must
14 be above board, straight, open and candid. We
15 just want everyone treated fairly and no one
16 treated unfairly.
17 Thank you.
18 ACTING PRESIDENT KUHL: Senator
19 Stafford will be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 1652: Senator
23 DeFrancisco, Senator Dollinger, Senator Nanula,
8795
1 Senator Onorato. Ayes 53 and nays 4. Also
2 Senator Waldon. Ayes 52 and nays 5.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1661, by the Assembly Committee on Rules,
7 Assembly Print 7756-A, an act to amend the State
8 Administrative Procedure Act, in relation to the
9 review of existing rules.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect January 1st, 1997.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 57.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1663, by Senator Bruno, Senate Print 7607, an
22 act to amend the Election Law, in relation to
23 requiring campaign finance information.
8796
1 SENATOR CONNOR: Explanation.
2 ACTING PRESIDENT KUHL: Senator
3 Bruno, an explanation of Calendar Number 1663
4 has been requested by the Minority Leader,
5 Senator Connor.
6 SENATOR BRUNO: Thank you, Mr.
7 President.
8 We've talked for a lot of years
9 about getting information to the Board of
10 Elections on who affects elections financially
11 here in this state.
12 So this bill requires that all of
13 those people that make contributions, whether
14 they're in checks or in services that they
15 deliver, that they be equated to a value and
16 that they get recorded with the state Board of
17 Elections, and the bill purposely encompasses a
18 lot of groups out there that are not considered
19 necessarily politically active entities in this
20 state, but they are out affecting elections with
21 phone banks and in many other ways.
22 So the intent of this is if we
23 want to do a computerization program, we want to
8797
1 reform campaign finance reporting, this is the
2 way to do it, not in a limited way, not in a
3 small way but do it right.
4 And, Mr. President, that is the
5 purpose of this legislation.
6 SENATOR OPPENHEIMER: Mr.
7 President -- Mr. President.
8 ACTING PRESIDENT KUHL: Senator
9 Oppenheimer.
10 SENATOR OPPENHEIMER: I believe I
11 have an amendment at the desk.
12 ACTING PRESIDENT KUHL: There is
13 an amendment at the desk, Senator Oppenheimer.
14 Are you asking for that to be -- the reading of
15 that to be waived?
16 SENATOR OPPENHEIMER: No. I'll
17 waive the reading, please, and I'll explain it
18 very briefly.
19 ACTING PRESIDENT KUHL: The
20 reading of the amendment is waived, and you are
21 now afforded the opportunity to explain it.
22 SENATOR OPPENHEIMER: Thank you,
23 Mr. President.
8798
1 Well, this amendment that I am
2 going to be offering is the bill that passed in
3 the Assembly. It's Assemblyman -- Assembly
4 member Galef's bill, and I'm carrying it here in
5 the Senate and, as you all know, it passed the
6 Assembly about three months ago, I believe.
7 Briefly what it would do is it
8 would require the state Board of Elections to
9 create an electronic reporting and data
10 retrieval system for campaign finance
11 information. It would require candidates and
12 campaign committees who raise or spend more than
13 $50,000 in a year to file their reports on a
14 computer disk, and it would make this
15 information available through the Internet.
16 We're now living in a world where we have the
17 Internet and that can provide us with the kind
18 of comprehensive and very timely, very immediate
19 disclosure, and I think it's time that the
20 Senate also delivered on this promise of
21 campaign finance reform.
22 Some of our reports, I know, are
23 absolutely indecipherable. I know the
8799
1 handwriting of my treasurer is not good, and
2 some of our reports can't even be accessed 'til
3 after the campaigns are finished because of the
4 rush of material that comes in as we draw closer
5 to Election Day.
6 My amendment would make this
7 information accessible to people who want to
8 know where the candidate's money is coming from,
9 and I think it's an important step to restore
10 confidence in the public. The public seems to
11 be pulling away from we political elected
12 officials, and I think this is the most obvious
13 way to try to restore that trust.
14 They believe out there that -
15 that money buys every decision we make, and we
16 have to change that because we are seeing
17 smaller and smaller numbers vote in this nation,
18 and you think of people who are coming here from
19 other countries, they cannot believe that people
20 are not voting, and one of the main reasons
21 they're not voting is because they think
22 government is for sale.
23 The bill then that is before us
8800
1 presents a couple of problems -- well, perhaps
2 we should discuss the amendment first.
3 ACTING PRESIDENT KUHL: Is there
4 any other Senator wishing to speak on the
5 amendment?
6 Hearing none, the -- Senator
7 Connor on the amendment.
8 SENATOR CONNOR: Yes, Mr.
9 President. I think this is an issue of keeping
10 faith, I think, keeping faith with the voters
11 and making some incremental changes that are
12 very, very important to lead to more openness in
13 the system and as one famous justice of the
14 Supreme Court said, Sunlight is the best
15 disinfectant, and what we have found is we
16 developed a system in New York State where many
17 local candidates, local party organizations in
18 various counties are exempt from filing at the
19 state Board of Elections, and they file these
20 reports ordinarily with the local board on
21 paper. The way they're filed and organized by
22 the local boards, leaving aside for now the
23 state Board of Elections which, believe me, is
8801
1 no prize, they're filed at local Boards of
2 Elections where I know for a fact until recent
3 years the New York City Board of Elections did
4 nothing more than throw them in file drawers.
5 They couldn't tell you who gave to Carl Lake
6 contributions between different candidates. In
7 fact, I know -- I believe Senator Hoffmann has
8 had a provision requiring that these local
9 filings be coordinated with the state board as
10 well, so you could look in one glimpse and see
11 what the real activity is as opposed to the
12 massed activity.
13 I've had bills over the years
14 supporting computerization. The Board of
15 Elections -- the state Board of Elections, in
16 fact, has put in each year for the budget
17 process for money so they on their own could go
18 and computerize. It was a measure that's been
19 called for repeatedly. It was called for, I
20 believe it was 1987 or '88 in the Feerick
21 Commission report, and anyone who's ever done
22 the kind of research -- and I assume that
23 includes some of our friends in the -- from the
8802
1 fourth estate know that it's very, very
2 difficult without computers to tell whether or
3 not certain features of New York's Election Law
4 have been complied with.
5 For example, we have overall
6 aggregate limits on individuals and what they
7 can contribute to all campaigns in New York
8 State. No one has ever fathomed the way to see
9 if that's being complied with. No Board of
10 Elections in this state could assure whether
11 that's being complied with by a given
12 individual. You would have to literally look,
13 search the records of many, many filings of all
14 -- all the county Boards of Elections and also
15 the state Board of Elections to get a true
16 aggregate total, whether it be for an individual
17 or a corporation which is subject to an
18 aggregate limit.
19 Earlier this session
20 Assemblywoman Galef and Senator Hoblock
21 introduced a bill. I read the news clippings.
22 Senator Hoblock said it'll pass. Senator Bruno
23 said we're going to do this, but that's not the
8803
1 bill -- that's not the bill that's brought
2 before us today. It's the amendment. The
3 amendment is that bill.
4 What's the difference between
5 this bill? Well, you know, we require, for
6 example, a filing by any candidate that raises
7 and spends more than $1,000. That's not a lot
8 of money today in a campaign. That law applies
9 to the school board candidates. Indeed, it
10 applies to community board candidates in New
11 York City. I know because I passed -- I passed
12 that chapter some years ago, a good ten years
13 ago. People raised 11- or $1200 in bake sales
14 and whatever. Now, of course, they should
15 disclose, but I think to say that they have to
16 disclose on a computer disk is taking it a
17 little far.
18 The original bill sponsored by
19 Senator Hoblock, which is this amendment, would
20 provide that only committees that deal with
21 larger amounts of money have to actually file
22 their filings on computer disks. Doesn't that
23 make sense? Isn't it ridiculous to tell -
8804
1 isn't it designed for failure? Isn't it a
2 scheme designed for failure to say to candidates
3 that raise $1100 for the school board that you
4 have to get a computer and prepare your filing
5 on a computer disk or pay someone else to do it,
6 a couple hundred dollars when you only have
7 $1100 to spend in your own campaign, spend 4-,
8 5-, $600 to file a disk, spend more than half
9 the money you've raised just on complying with
10 the disclosure? That's absurd and it's designed
11 to fail, but there are more important poison
12 pills in the main bill that the amendment -
13 from which the amendment does not suffer.
14 Now, the main bill takes a
15 piecemeal approach to imposing new limits and
16 aggregate limits on certain organizations that
17 were never part of the original law for good and
18 valid public policy reasons but, for example -
19 and I'll say it right out -- the main bill would
20 say a labor organization can only make
21 contributions of $5,000 in the aggregate to all
22 candidates in New York State in a given year,
23 and this is said how that is somehow or other
8805
1 fair. Oh, this is fair because corporations -
2 corporations are subject to a similar limit, but
3 I ask the sponsor, what about that giant loop
4 hole which only a few of us election lawyers
5 knew about these past years but which, lo and
6 behold, the Republican State Committee
7 discovered and publicized to the whole state not
8 five or six weeks ago with that little
9 announcement that corporations can give $100,000
10 to the housekeeping account.
11 Why aren't we closing the Bill
12 Powers loophole, the $100,000 aggregate limit or
13 the $200,000 or $100,000 housekeeping? You
14 remember that event. Pay $100,000 to a
15 corporation, you get to sit with the Governor,
16 drink champagne with Bill Powers. Why aren't we
17 closing that loophole in the main bill?
18 Indeed, the main bill is
19 partisan. It's not agreed upon with the
20 Assembly. It's not the original bipartisan
21 Hoblock-Galef bill. It's not a bill that'll
22 work.
23 We support a bill that'll work
8806
1 that'll get all of those filings onto computers
2 -- and the main bill, by the way, for that
3 little filing; come on, is it too much to ask
4 the Board of Elections to put this on computer?
5 That's what the amendment would do.
6 You know, the $1100 candidate for
7 school board files the little one-page report
8 that showed how much they got at the bake sale,
9 let the Board of Elections put that on
10 computer. Don't tell that candidate they have
11 to go get a computer disk, spend 6- or $700 of
12 their 1100 on it.
13 Let's have a bill that'll work,
14 not a charade. Let's support the amendment, the
15 one that was originally committed by the
16 leadership of the Republican Party in the press
17 to pass, and if we want to have another bill
18 plugging up all the loopholes, whether by
19 unions, corporations or whatever, I'd support
20 that, but let's start with the Bill Powers
21 $100,000 housekeeping loophole.
22 I support the amendment.
23 ACTING PRESIDENT KUHL: Is there
8807
1 any other Senator wishing to speak on the
2 amendment?
3 (There was no response.)
4 Hearing none, the question is on
5 the amendment. All those in favor of the
6 amendment signify -
7 SENATOR CONNOR: Party vote in
8 the affirmative.
9 ACTING PRESIDENT KUHL: The
10 Secretary will call the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT KUHL: Record
13 the party line votes.
14 THE SECRETARY: Ayes 20, nays 37,
15 party vote.
16 ACTING PRESIDENT KUHL: The
17 amendment fails.
18 On the bill, the Secretary will
19 read -- Senator Hoffmann.
20 SENATOR HOFFMANN: I have found
21 myself in the unusual position several times of
22 being so impressed by Majority Leader Bruno's
23 efforts to improve the way we conduct our
8808
1 business here at the state level that I have
2 actually put out press releases praising him,
3 and I would like to be able to do that after the
4 passage of this bill.
5 Not having seen the bill before,
6 not having had an opportunity to review it
7 carefully, there are a few areas where I'm still
8 somewhat confused, and I wonder if Senator Bruno
9 would be so kind as to yield for a question, Mr.
10 President.
11 ACTING PRESIDENT KUHL: Senator
12 Bruno, do you yield?
13 SENATOR HOFFMANN: An easy
14 question.
15 SENATOR MALTESE: Mr. President,
16 I would be pleased to yield for a question.
17 SENATOR BRUNO: Mr. President,
18 yes.
19 ACTING PRESIDENT KUHL: Senator
20 Bruno yields.
21 SENATOR BRUNO: I thought we had
22 moved on to the next bill, and I was just trying
23 to collect myself. I am now collected.
8809
1 SENATOR HOFFMANN: I can see
2 that, Senator Bruno. Thank you very much for
3 yielding and for being collected.
4 SENATOR BRUNO: Yes.
5 SENATOR HOFFMANN: Senator, my
6 question to you, as you know, over many years I
7 have carried a bill which has not yet made it to
8 the floor of this chamber for a vote. The bill
9 that I have attempted to introduce in the past
10 would try to correct a terrible irregularity
11 within our election record keeping system by
12 insisting that all of the expenditures in a
13 campaign be filed next to the candidate in that
14 campaign. One -- one source -- single source
15 filing, I think is the way it's been referred to
16 by some people.
17 Right now, as you know, it's very
18 possible for some political action committees to
19 spend vast amounts of money on a whole range of
20 campaigns. This is sometimes called bundling.
21 They could, for instance, retain a media
22 consultant and pay one bill to one media
23 consultant for hundreds of thousands of dollars
8810
1 and it's virtually impossible for an average
2 citizen pouring through the records of the Board
3 of Elections to determine how much was spent on
4 individual campaigns.
5 My question to you, Senator
6 Bruno, is does this bill that is before us now
7 incorporate that change that I have attempted to
8 enact over a number of years?
9 SENATOR BRUNO: It does not.
10 SENATOR HOFFMANN: Thank you,
11 Senator Bruno.
12 On the bill, Mr. President.
13 ACTING PRESIDENT KUHL: Senator
14 Hoffmann, on the bill.
15 SENATOR HOFFMANN: I -- I very
16 much appreciate Senator Bruno's gracious
17 response, albeit briefer than I might have
18 expected to my question, and I must say that it
19 is apparent to me that if this measure does not
20 provide the very clear direction from this
21 chamber that we want to see single source
22 filing, that we believe the voters of this state
23 have a right to know who is paying for the
8811
1 campaigns of the candidates in this state
2 without having you go through enormous freedom
3 of information requests, without hiring private
4 detectives, without putting reporters or public
5 interest researchers to work for days and weeks
6 on end; if we can't send that kind of message, I
7 don't believe that we should be passing this
8 bill tonight.
9 Therefore, I would urge all of my
10 colleagues to consider seriously our
11 responsibility to come up with a better bill,
12 one that would incorporate some of the
13 electronic data record keeping that Senator
14 Bruno has so wisely introduced here along with a
15 sound information assessment that will make it
16 readily possible for anyone to see who is paying
17 for what in the elections in New York State.
18 ACTING PRESIDENT KUHL: The Chair
19 recognizes Senator Oppenheimer.
20 SENATOR OPPENHEIMER: Would the
21 good collected Senator yield for a question,
22 Senator Bruno.
23 ACTING PRESIDENT KUHL: Senator
8812
1 Bruno, do you yield to a question from Senator
2 Oppenheimer?
3 SENATOR BRUNO: Yes, Mr.
4 President.
5 ACTING PRESIDENT KUHL: The
6 Senator yields.
7 SENATOR OPPENHEIMER: Collected
8 and composed. I find the language unclear on -
9 well, I'll describe it -- on the second page.
10 I'm trying to figure out exactly who this
11 language applies to. You talk about -- on the
12 bill -- in-kind contributions, phone banks,
13 campaign, literature produced and distributed,
14 where the activity occurs at the phone bank and
15 it's unclear to me. Would this cover community
16 groups, you know, 20 neighbors in an area
17 association? It's not clear. There's nothing
18 spelled out.
19 SENATOR BRUNO: I am, Mr.
20 President, conferring with counsel because this
21 is a very technical, comprehensive and important
22 piece of legislation and I don't want to say
23 anything inadvertently, and my counsel advises
8813
1 me that -- my learned counsel, Mr. President -
2 that if a group of volunteers just got together
3 informally and were doing whatever it is they
4 think might be appropriate on a person's behalf,
5 then they would not be included as such, but if
6 they are part of an organization, an organized
7 effort, raising money, spending money on behalf
8 of or against a candidate, then they would be
9 included in the legislation.
10 SENATOR OPPENHEIMER: If the
11 Senator would yield for another question.
12 ACTING PRESIDENT KUHL: Senator
13 Bruno, do you yield to another question?
14 SENATOR BRUNO: Yes, Mr.
15 President.
16 ACTING PRESIDENT KUHL: The
17 Senator yields.
18 SENATOR OPPENHEIMER: Then would
19 I be correct or incorrect in assuming that an
20 organization like the PTA or the Garden Club -
21 I mean, they are organizations of maybe 50, 100
22 people -- would they be included in this?
23 SENATOR BRUNO: As you described
8814
1 it, if they were organized with phone banks,
2 then they would be included. If they're
3 spending money, paying money, they would be
4 included.
5 The objective is if the
6 organization that you describe raised $100,000
7 and set up a -- banks of phones, mailed out
8 literature and did all kinds of things, wouldn't
9 you want to have that reported even though they
10 called themselves the Oppenheimer Garden Club?
11 I would think you would, and that's what this is
12 intending to get to, and we can talk all we want
13 about amendments, but the bottom line is if you
14 want real reform of election, finance
15 information and you want it computerized, vote
16 for this bill.
17 If you want the issue and you
18 want to be out there just talking about it,
19 well, then, be my guest.
20 SENATOR OPPENHEIMER: Thank you,
21 Senator.
22 On the bill for a moment.
23 ACTING PRESIDENT KUHL: Senator
8815
1 Oppenheimer, on the bill.
2 SENATOR OPPENHEIMER: I feel if
3 we really want computerized campaign financing
4 information contributions, then we have to sit
5 down and negotiate with the Assembly that has a
6 very pure bill, that's the bill I'm carrying in
7 this house, and I feel that this bill has just
8 inserted this poison pill into the negotiation,
9 and I hope that we will see a genuine bill as
10 soon as possible because this -- this process -
11 the whole idea of the influence of money in
12 campaigns is really very disturbing to me, maybe
13 because I was a past president of the League of
14 Women Voters, but this is a very distressing
15 issue to me.
16 I'll be voting no.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 9. This
20 act shall take effect on January 1st.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
8816
1 ACTING PRESIDENT KUHL: Record
2 the party line votes. Announce the results.
3 THE SECRETARY: Ayes 37, nays 20,
4 party vote.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 Secretary will continue to call
8 the controversial calendar.
9 THE SECRETARY: Calendar Number
10 1670, by Senator Bruno, Senate Bill Number 7856
11 A, an act to amend the Election Law.
12 ACTING PRESIDENT KUHL: Secretary
13 will -
14 SENATOR CONNOR: Explanation.
15 ACTING PRESIDENT KUHL: Senator
16 Bruno, an explanation of Calendar Number 1670
17 has been requested by Senator Connor.
18 SENATOR BRUNO: Mr. President,
19 this bill is referred to as the ballot access
20 bill. Again, a lot of conversation about the
21 technicalities that keep people from running for
22 office, getting on the ballot. This again is a
23 very comprehensive approach to eliminating a lot
8817
1 of the technicalities that have been used in the
2 past to keep people off the ballot. We think
3 we've corrected those. We've changed the form.
4 We've simplified it, and just made it much
5 easier for people to get on the ballot, to run
6 for office.
7 That's the bottom line, that
8 people would not get knocked off a ballot
9 because they left a street off or they didn't
10 use the right color paper or they didn't clip
11 together properly. The intent is that, if the
12 signatures are there and if they're in proper
13 form, people will have access to running for
14 public office.
15 ACTING PRESIDENT KUHL: Senator
16 Connor.
17 SENATOR CONNOR: Thank you, Mr.
18 President. On the bill.
19 ACTING PRESIDENT KUHL: Senator
20 Connor, on the bill.
21 SENATOR CONNOR: I'm delighted
22 that at this late hour in the session, I guess
23 yesterday, the Governor sent up this bill and
8818
1 today sends a message of necessity for it as
2 amended, but indeed the provisions in this are
3 the things that people have been literally
4 seeking for decades.
5 Some features of this bill go
6 back to a bill I introduced in 1978 and '79 when
7 I was first elected. In fact, I had a staff
8 member track the provisions and actually just
9 about every one of them corresponds to a bill
10 that I've introduced in the last 15 years. But
11 they were good ideas when I had them and they're
12 good ideas now that they're on the floor.
13 Does it go far enough? And as
14 many of you know, I voted against the so-called
15 Election Reform Act of 1989, was it, which, in
16 fact left off, because it left most of these
17 provisions we would now do away with on the
18 books. We don't need A.D.s and E.D.s. We have
19 computers; you can find voters. We don't need
20 all the rigmarole, although let me say as with
21 prior legislation, this addresses what I always
22 call the news columnist Election Law. I keep
23 reading in columns that people keep searching
8819
1 through petitions to knock people off with no
2 middle initial.
3 I think the Legislature, wisely,
4 in 1949 or '50, wisely passed a law that no
5 petition would be invalid because of no middle
6 initial. All you need is the first name, but I
7 keep reading that this is the reason people keep
8 getting kicked off because of that, and we
9 addressed that a year ago even though there was
10 this 50-year-old law on the books.
11 The issue of color comes to
12 mind. Certainly in the last 50 years -- and I'm
13 familiar with election law in New York City
14 through most of that time or all of that time -
15 I've never ever heard of a candidate being
16 removed from the ballot because of using the
17 wrong color paper, but I keep reading it in the
18 headlines and papers. It must be true. I read
19 it in some of the best papers in the land.
20 So we've addressed that in case
21 it ever does -- in case it ever becomes -- in
22 case it ever becomes real, in case any of those
23 columns become true. We've now obviated it
8820
1 before the fact and require no such color
2 identification in this bill.
3 This bill doesn't do some things
4 it could do, it could well do. I proposed
5 legislation a number of years ago which would
6 eliminate entirely the witness statement. Who
7 needs it? Who cares? You have computers. You
8 look up the signatures on the petition. If
9 they're really registered voters, it's not a
10 forgery; it's a legitimate signature; it's
11 valid. Do you really care whether a notary or a
12 commissioner of deeds or a local ward healer
13 took the signature and swore to it? It doesn't
14 really matter. The signature is genuine. It's
15 genuine, yet people will continue -- will
16 continue under this legislation to be removed
17 from the ballot because of -- of fraud or
18 defects or misidentifications by the witness.
19 To me, it doesn't make any sense.
20 This bill also doesn't address
21 the required number of signatures for offices
22 like President of the United States and indeed
23 while I appreciate the Governor's haste in
8821
1 getting this to us in the last four hours, it's
2 a shame that the people of New York, once upon a
3 time earlier this year when there was national
4 interest in who would be the candidate at least
5 of the Republican Party for President and there
6 were then prominent national candidates, that
7 they had to either avoid New York or overcome
8 incredible obstacles, resort to lawsuits, and so
9 forth, to get any place on the ballot.
10 If we could act this hastily, I
11 just can't believe we couldn't have acted back
12 in January when the Speaker and I introduced
13 legislation that would have let all presidential
14 candidates that qualified for matching funds
15 appear on the ballot merely by signing their
16 name, as many many states do.
17 So while this -- and I intend to
18 voted for this. This is good. I regret that
19 the Governor -- another regret I, frankly, have
20 is we are now in the middle of the petition
21 process for this year, the year 1996, and I say
22 to all those candidates out there with all my
23 colleagues, beware, this is not effective until
8822
1 December 1st. Democracy with a small "d"
2 remains at risk for the next few months,
3 notwithstanding whether or not this ever becomes
4 law, the Assembly acts on it and the Governor
5 sign it. The bad old rules still apply and, if
6 the second floor in this house could act so
7 quickly over the last two days of the -- I don't
8 know what to call it -- what do we call it, the
9 near end or the beginning of the end of session
10 or whatever -- we could have acted much earlier
11 and provided at least the candidates access in
12 the current era.
13 So it doesn't go far enough but
14 it does make some -- frankly, makes some big
15 strides that we've been calling for for many,
16 many years.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section 9. This
20 act shall take effect on the first day of
21 December.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
8823
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 57.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1673, by Senator Libous, Senate Print 7699, an
7 act to enact the Cigarette Tax Enforcement Act
8 of 1996.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the last section.
11 THE SECRETARY: Section 12. This
12 act shall take effect on September 1st.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 57.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1674, by Senator Maltese, Senate Print 6475, an
21 act to amend the Administrative Code of the city
22 of New York.
23 SENATOR PATERSON: Explanation.
8824
1 ACTING PRESIDENT KUHL: There is
2 no home rule message at the desk, so the bill
3 will be laid aside.
4 Senator Bruno, that completes the
5 calendar, the controversial reading of the
6 calendar. Did you want to return to motions and
7 resolutions for a motion?
8 SENATOR BRUNO: This motion at
9 the desk?
10 ACTING PRESIDENT KUHL: There's
11 no housekeeping at the desk.
12 SENATOR BRUNO: Anything else?
13 Mr. President, you might want to at this time -
14 is there other housekeeping to be done?
15 Senator Montgomery?
16 ACTING PRESIDENT KUHL: Senator
17 Montgomery, why do you rise?
18 SENATOR MONTGOMERY: Mr.
19 President, I would like unanimous consent to be
20 recorded in the negative on Calendar Number
21 1607.
22 ACTING PRESIDENT KUHL: Without
23 objection, hearing no objection, Senator
8825
1 Montgomery will be recorded in the negative on
2 Calendar Number 1607.
3 Senator Saland, why do you rise?
4 SENATOR SALAND: Mr. President, I
5 request unanimous consent to be recorded in the
6 negative on Calendar Number 1671.
7 ACTING PRESIDENT KUHL: Without
8 objection, hearing no objection, Senator Saland
9 will be recorded in the negative on Calendar
10 Number 1671.
11 Any other Senator wishing to
12 record a vote?
13 The Chair would recognize Senator
14 Connor.
15 SENATOR CONNOR: Thank you, Mr.
16 President.
17 You know, not being quite young
18 enough to be into the technical age, I've been
19 reading about and wondering about as I read
20 about virtual reality and the Majority is now
21 asking me to go first in my closing statement
22 for the 1996 session, so I'm beginning to think
23 I understand what virtual reality is. It sort
8826
1 of seems to be there but it's not really there,
2 so I will give my ersatz closing speech and
3 avoid -- try to avoid giggling.
4 I do want to thank so many people
5 as a new leader, concluding the second session.
6 There are many, many people in this room and
7 outside of this room to whom I really owe a
8 personal thank you.
9 First and foremost, let me say
10 before I offer some appropriate partisan
11 criticisms, there has certainly been no one I
12 have enjoyed and respected working with more
13 than our Majority Leader, Senator Bruno, who is
14 always a gentleman, always on time and seems a
15 little early to me this year, with this
16 closing.
17 But certainly Senator Bruno has
18 -- has improved in many respects life for the
19 members in this house and, hopefully, it's
20 reflected in some respect the public may have
21 gained -- we're not there yet, but some respect
22 they have gained for the way we do business, at
23 least the timeliness of it, and some of the
8827
1 openness.
2 To certainly my own right arm,
3 Senator Paterson, our Deputy Minority Leader,
4 thank you for your patience, for your eloquent
5 presentation of our Conference's position in the
6 debates. To our more than able Assistant
7 Minority Leader, Senator Stachowski who also
8 leads in debate, to our -- and his job is not
9 yet done, but to our ranking member on Finance,
10 Senator Gold, who has been of invaluable support
11 to me and to our Conference, of course to our
12 Conference chair, Senator Mendez, who you all
13 don't see but presides over our sometimes, not
14 often actually, contentious conferences. The
15 conferences really we found large consensus.
16 And to all of my colleagues, and I thank all of
17 you on both sides of the aisle, on the other
18 side of the aisle for your courtesy which, if I
19 may say in these last two years, and it's a
20 credit to Senator Bruno, and to all the members
21 of this house, I think many of the courtesies
22 that we enjoyed as colleagues and the respect
23 for each other that sometimes seem to have
8828
1 broken down in some past years have been largely
2 restored, and that's good for the people of the
3 state of New York that we air our differences in
4 a respectful and deliberate way and to, of
5 course, my colleagues in the Democratic
6 Conference I thank you for giving me the
7 opportunity to serve.
8 Well, here we are. It's the
9 closing speech. We've done much in the Senate.
10 We seem to have set a record for one-house
11 bills. The other house is not with us tonight
12 in Albany and is continuing its work next week.
13 We have made some progress in some areas and
14 indeed the election reform bill, as I pointed
15 out, is an important one, although long over
16 due, and better late than never I suppose,
17 although those people who are unfairly removed
18 from the ballot this August and September will
19 wonder exactly why we are so late.
20 It seems rather strange to be
21 calling an end to session when a few minor items
22 of importance remain undone. It is virtually
23 unprecedented in this Capitol that we declare
8829
1 the regular session concluded and we have no
2 state budget. I said "minor" with some
3 facetiousness, but my colleagues on this side of
4 the aisle remain ready to work next week and the
5 week after in cooperation with all of our
6 colleagues in the Legislature for a budget that
7 does recognize the values we think are important
8 to New Yorkers, that provides for the future for
9 our children and their education, that promotes
10 economic security and jobs for middle class
11 people who are quite concerned about it.
12 That's the only way to ensure
13 fairness to families, that protects our homes by
14 keeping a lid on property taxes, that meets our
15 responsibilities to the aged and disabled and to
16 all New Yorkers for quality health care. Indeed
17 NYPHRM is part of that as well as the budget,
18 NYPHRM which remains expiring and unsolved
19 because one-house bills don't become law. It
20 does require agreement between both houses and
21 the Governor, and we have to uphold our
22 traditions by fostering certainly openness and
23 accountability, and some of the amendments my
8830
1 colleagues offered, for example, for an itemized
2 legislative budget would advance that.
3 We have not taken action in a
4 real way on -- at least the Majority has not
5 brought to the floor legislation that the public
6 wants to deal with assault weapons. Regrettably
7 this house has not taken action to ensure an
8 increase in the minimum wage which is something
9 for which our working people cry out. We did
10 offer amendments on that. They were rejected by
11 the Majority in this house, but no action was
12 taken, and that in my mind is regrettable.
13 The question of extending the
14 loft tenants is not done and indeed were I a
15 loft tenant, I would really wonder what we were
16 doing leaving here saying the regular session is
17 over but maybe we'll deal with your problem.
18 I'd be quite frightened if I thought I could be
19 put out in the street in a mere two or three
20 weeks if we don't return and do something with
21 it, and I think perhaps we're not meeting our
22 responsibility as a Senate and I think the
23 Majority should really take action on that
8831
1 before we leave. We owe that to those people.
2 The year has been an interesting
3 one. It's been rather unique. I can't remember
4 a budget process like this. We saw just last
5 week the Governor's own party in both houses
6 soundly rejecting his budget proposals. I guess
7 the Gingrich-Pataki revolution is over in New
8 York State. The Assembly Republicans voted down
9 the Governor's budget proposal and indeed our
10 Majority, and I applaud them for it -- I don't
11 think it went far enough in certain areas -- put
12 forth a budget that was nearly a billion dollars
13 more than what the Governor had proposed.
14 So I think it's clear the
15 Legislature, and I say this in a non-partisan
16 way, I applaud the fact that legislators of
17 whatever political persuasion are attempting to
18 meet the needs of the people without regard for
19 whether or not they are politically aligned with
20 the second floor.
21 We have not in a real way -- we
22 have two one-house versions dealing with
23 Workers' Compensation, something that's
8832
1 important to the businesses of this state, the
2 small business of this state, as well as to the
3 working men and women of this state and their
4 health and economic security. My colleagues in
5 this Conference, seeing the Majority proposal in
6 this house and seeing the Assembly's proposal,
7 indeed just a couple weeks ago put out our own
8 proposal. I would urge those who are
9 negotiating with the other house to take a look
10 at some of the features. I think you will see
11 in some respects it's closer to this house's
12 proposal, in other respects closer to the
13 Assembly, and we actually have a few new ideas
14 in there that I think both houses would take
15 benefit from taking a look at, providing you're
16 not bounded by that Albany illness that
17 sometimes says, Ignore what the minorities do.
18 You know, we welcome you to steal our good
19 ideas. You've done it before. I know you'll do
20 it again. Do it in this case.
21 Mr. President, I feel a little
22 silly saying goodbye to everybody, saying we
23 wish you a good summer. I hope you have a good
8833
1 week next week. I certainly will not say I wish
2 you well with the summer and with the elections
3 in November because something tells me we will
4 be back here in a relatively short while.
5 So that, Mr. President, is my
6 ersatz closing farewell speech.
7 Thank you.
8 ACTING PRESIDENT KUHL: Chair
9 recognizes Senator Bruno.
10 SENATOR BRUNO: Thank you, Mr.
11 President.
12 For one of the few times in this
13 chamber, I feel that the Minority Leader, my es
14 teemed colleague, was at a loss to properly
15 describe what he was doing, so let me be
16 helpful.
17 What is happening -- there is no
18 confusion at all as to what is happening here
19 tonight at ten minutes to nine, not at three in
20 the morning or six in the morning with a 36-hour
21 marathon.
22 What we are doing tonight, Mr.
23 President, is concluding the regular session of
8834
1 the Senate. We adopted in January a calendar
2 with the Minority, with the Majority in the
3 other house, with the recognition of the
4 Governor, that we would work diligently on
5 behalf of the people of this state and on June
6 14 we would conclude our work and conclude the
7 regular session.
8 So, Mr. President, I'm proud,
9 pleased to stand here and say that we have
10 concluded the regular session in the Senate and
11 we have done the things that we should have done
12 on behalf of the people of this state. We have
13 passed a budget, and it is a budget that we in
14 this house would be willing to see become law
15 and all that it would take for that budget to
16 become the law of this state would be for it to
17 pass the Assembly in the same form and get
18 signed by the Governor.
19 We did pages of very meaningful
20 things that are represented in the Journal, like
21 a Workers' Compensation package that truly
22 reforms Workers' Comp.; the breast cancer/
23 pesticide bill; NYPHRM and many many others that
8835
1 you're very aware of. So we have done our work
2 in an efficient, orderly way.
3 Does it make sense to go on
4 endlessly? We think not. When you're done,
5 you're done. We're done with the regular
6 session. What does that mean? That means that
7 we stop the hundreds of bills that go through
8 the process; they get recommitted.
9 And yes, Mr. President, we will
10 be back. We shall return and, when we return,
11 hopefully it will be to pass a three-way budget
12 that will be an agreement, five ways, all ways,
13 with 211 legislators agreeing to do, we hope, an
14 agreed-on version of some of the things that are
15 now only done in this chamber. We hope that
16 will be the case, and when that is the case
17 we'll be back.
18 In the interim we'll be doing the
19 other things that are important in our lives
20 during this season, whatever they are. That's
21 what we'll be doing. Tomorrow, Sunday, Monday,
22 Tuesday, Wednesday, we will not be here. Why?
23 Because we have completed our work in the
8836
1 regular session. Will people be working? Yes.
2 Will I be here and not in Italy? Yes. Just for
3 the record, Mr. President, O.K.?
4 So committees will function,
5 people will function and staff will function.
6 We have done a lot, so my colleague is right,
7 we'll be back. We'll be back when it's
8 appropriate. In the meantime, we will be saving
9 the taxpayers of this state whatever part of the
10 approximately $55,000 a day it takes to keep us
11 here. We'll be saving that for the taxpayers.
12 So take great comfort in that; but we'll come
13 back when we have work to do, and as far as I'm
14 concerned, the sooner the better. We're
15 prepared.
16 Now, when you do as much as we've
17 done this year, a lot of people participate and
18 I want to say thank you to the people that get
19 involved with us and help us be as effective as
20 we have been this session.
21 We have been effective and we in
22 this chamber can be proud of what we've done and
23 I want to thank my colleague on my right,
8837
1 Senator Dean Skelos, who sits here, does a lot
2 of the things that have to get done in this
3 chamber and does a number of other things that
4 makes me very, very thankful for the assistance
5 and makes my life a lot simpler.
6 Senator Stafford, our chair of
7 Finance does the same, doing a lot of heavy
8 lifts, and light lifts too sometimes, but he
9 does both extremely well; and the others in this
10 chamber who contribute to this process and make
11 it as orderly and as effective and as efficient
12 as it is, and there are people who support us
13 all and you all know who they are because the
14 process couldn't work without them:
15 Tim Collins, our Executive
16 Counsel, and Dave Dudley, who work literally
17 3:00, 4:00 in the morning, some Senators do,
18 making sure that we can function the next day
19 and the day after, so I say thank you and I
20 think it was at 3:30 or 4:00 o'clock this
21 morning that the group was meeting and doing a
22 lot of things to help us get through this day.
23 Abe Lackman, who is here
8838
1 somewhere unless he's negotiating something, has
2 been invaluable in helping us in doing all of
3 the things that we have to do. Steve Boggess,
4 my chief of staff, stays side by side helping us
5 in every way to be effective. Pat Stackrow, my
6 executive assistant, who is here and you know
7 the kind of work that takes place in that office
8 because you relate, and I hope in a very
9 positive way. John McArdle, our director of
10 communications, Marcia White, my press
11 secretary, try and make me look good and it's
12 very difficult many times, and this Majority,
13 and at times we bring along the Minority; and
14 I'll thank them on your behalf for doing that.
15 At the front desk, the people
16 work hard, Billy Greer, Tom Testo, and the
17 others you see there who keep us orderly and
18 functioning and we say thank you; and Steve
19 Sloan, our Secretary to the Senate has been with
20 us for a lot of years keeping this place running
21 in an orderly way, and all of the Sergeant-at
22 Arms that are here and those that aren't, who
23 are on duty not knowing what to expect, but
8839
1 they're here, they function, and they help us a
2 lot, and all the pages that are here and so many
3 others.
4 This is a very complicated
5 process. To be efficient, to be orderly, to be
6 kindly, takes the support of a lot of people and
7 I've left out a lot of names, but to all of
8 them, I just want to say thank you for getting
9 us through to an orderly conclusion on June
10 14th. We can be proud that we have done that.
11 So, as we conclude this regular
12 session and you, Mr. President, have been there
13 looking down on us mostly in a benevolent way,
14 being helpful, banging the gavel, not breaking
15 any this year, but we thank you for that,
16 because they're very expensive.
17 And I want to say really a thank
18 you to Senator Marty Connor, our leader on this
19 side of the aisle, and Dave Paterson, his able
20 assistant for being what you are. You are
21 capable and able in representing your interests
22 as you see them and as you feel is your
23 responsibility. Sometimes you agree with us and
8840
1 sometimes you don't agree with us. You can't be
2 right all the time, but what you do, and I do
3 appreciate, Senator Connor, your comment that we
4 have worked together, and we have, and I think
5 that holds us all in good stead.
6 I think the projection out there
7 to the people of this state is that we can agree
8 or disagree and still respect each other and our
9 position is really what it ought to be like in
10 this chamber, and I think that's what it's all
11 about, to create a dignity that goes with being
12 a Senator, and being in the Senate.
13 So I thank you for your
14 cooperation and your help in getting us through
15 what we get through here on a daily basis.
16 We'll go forward from here. We'll do the things
17 that we have to do and we will be back. We'll
18 be back to do the things that we have to do.
19 But when we're back, we will be back for a
20 specific purpose. It will be to pass a budget.
21 It will be to pass a Workers' Compensation bill,
22 a NYPHRM, hopefully a loft bill. I've been
23 hearing from all of the people with lofts in my
8841
1 district.
2 SENATOR SKELOS: Hay lofts.
3 SENATOR BRUNO: They're hay
4 lofts. You wonder what effect really the loft
5 bill has on them, and I keep trying to find that
6 out too. But we -- Mr. President, I'd like to
7 conclude on a light note, so let's do that, and
8 let's hope that we can go forward, work
9 together. We'll work with the Speaker, and the
10 Speaker has done an outstanding job from his
11 position in doing what he thinks he ought to be
12 doing and, hopefully, we can get an agreement to
13 do something with the Governor and get a budget
14 before us, and I hope in the not too distant
15 future, because that is critically important.
16 So I don't want anyone to think
17 that we're leaving here acting as if we've done
18 everything that we're supposed to do. We
19 haven't but, as I've said, we've had a session.
20 We're closing that regular session. We'll come
21 back when we need to. So at this time, I'd like
22 to recommit all of the calendar bills to the
23 Committee on Rules.
8842
1 ACTING PRESIDENT KUHL: Without
2 objection, the committee bills -- calendar bills
3 -- all of the calendar bills are recommitted to
4 the Committee on Rules.
5 SENATOR BRUNO: And, Mr.
6 President, there being no further business to
7 come before the Senate presently at this time, I
8 would move that we adjourn subject to the call
9 of the Majority Leader and intervening days to
10 be legislative days.
11 Thank you.
12 ACTING PRESIDENT KUHL: Without
13 objection, the Senate stands adjourned subject
14 to the call of the Majority Leader, all
15 intervening days to be legislative days.
16 (Whereupon at 9:03 p.m., the
17 Senate adjourned. )
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