Regular Session - June 24, 1996
8864
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9 ALBANY, NEW YORK
10 June 24, 1996
11 1:01 p.m.
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14 REGULAR SESSION
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18 SENATOR JOHN R. KUHL, JR., Acting President
19 STEPHEN F. SLOAN, Secretary
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8865
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Ask the members to
4 find their places, staff to find their places.
5 I'd ask everybody in the chamber to rise with me
6 and join with me in saying the Pledge of
7 Allegiance, and please remain standing for the
8 invocation.
9 (The assemblage repeated the
10 Pledge of Allegiance to the Flag.)
11 We are very pleased to be joined
12 by the Reverend Peter G. Young of the Blessed
13 Sacrament Church of Bolton Landing, who will
14 deliver the invocation.
15 Father Young.
16 REVEREND PETER G. YOUNG: Thank
17 you, Senator.
18 Let us pray on this beautiful
19 spring-summer day.
20 We pray for all of our New York
21 State that their wealth and their power might
22 become a force for peace rather than conflict, a
23 source of hope rather than discontent, to act as
8866
1 an agent of friendship rather than enmity. May
2 the actions of this Senate then be that example
3 for all. Amen.
4 ACTING PRESIDENT KUHL: Amen.
5 Reading of the Journal.
6 THE SECRETARY: In Senate,
7 Sunday, June 23rd. The Senate met pursuant to
8 adjournment, Senator Farley in the Chair upon
9 designation of the Temporary President. The
10 Journal of Saturday, June 22nd, was read and
11 approved. On motion, Senate adjourned.
12 ACTING PRESIDENT KUHL: Hearing
13 no objection, the Journal stands approved as
14 read.
15 Presentation of petitions.
16 Messages from the Assembly.
17 Secretary will read.
18 THE SECRETARY: The Assembly
19 sends for concurrence Senate Bill 7553-A, with
20 an Assembly Reprint Number 30016-A.
21 ACTING PRESIDENT KUHL: Senator
22 Johnson.
23 SENATOR JOHNSON: Yes. There
8867
1 will be an immediate meeting of the Rules
2 Committee in Room 332, followed by a Finance
3 Committee meeting. That's it.
4 ACTING PRESIDENT KUHL: For the
5 benefit of the members who didn't hear Senator
6 Johnson, there will be an immediate meeting of
7 the Rules Committee in the Majority Conference
8 Room. Immediate meeting of the Rules Committee
9 in the Majority Conference Room, Room 332. That
10 will be followed by an immediate meeting of the
11 Finance Committee.
12 Senator Larkin.
13 The message from the Assembly is
14 before the house. The Chair recognizes Senator
15 Larkin.
16 SENATOR LARKIN: Mr. President, I
17 move that the Senate not concur in the said
18 amendments and move to reconsider the vote by
19 which this bill was passed.
20 ACTING PRESIDENT KUHL: Secretary
21 will call the roll on reconsideration.
22 THE SECRETARY: Senate Bill
23 Number 1468, by the Senate Committee on Rules,
8868
1 Senate Bill Number 7553-A, Assembly Reprint
2 30016-A, an act to amend the Public Health Law.
3 ACTING PRESIDENT KUHL: Senator
4 Larkin.
5 SENATOR LARKIN: I move that the
6 bill have its third reading at this time.
7 ACTING PRESIDENT KUHL: Call the
8 roll on reconsideration.
9 (The Secretary called the roll on
10 reconsideration. )
11 THE SECRETARY: Ayes 46.
12 ACTING PRESIDENT KUHL: The bill
13 is before the house.
14 Senator Larkin, now, your
15 motion.
16 SENATOR LARKIN: I now move the
17 bill have its third reading at this time.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section.
20 THE SECRETARY: Section 21. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
8869
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 46.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Messages from the Governor.
6 Reports of standing committees.
7 Secretary will read the report of
8 the Senate Finance Committee.
9 THE SECRETARY: Senator Stafford,
10 from the Committee on Finance, reports the
11 following bills:
12 7880-A, by the Senate Committee
13 on Rules, an act making appropriations for the
14 support of government;
15 7881, by the Senate Committee on
16 Rules, an act making appropriations for the
17 support of government and to amend Chapter 63 of
18 the Laws of 1996;
19 All bills ordered directly for
20 third reading.
21 ACTING PRESIDENT KUHL: Bills
22 ordered directly to third reading.
23 Reports of select committees.
8870
1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Larkin, that brings us to
5 the calendar.
6 SENATOR LARKIN: Can we take up
7 now Calendar Number 1675, Senate Bill 7880,
8 which was just reported from the Finance
9 Committee.
10 ACTING PRESIDENT KUHL: For the
11 benefit of the members, the bills are on your
12 desk if you care to read them.
13 Secretary will read Calendar
14 Number 1675.
15 THE SECRETARY: Senator Bruno
16 moves to discharge from the Committee on Rules
17 Assembly Bill Number 11204 and substitute it for
18 the identical Third Reading Calendar 1675.
19 ACTING PRESIDENT KUHL:
20 Substitution is ordered. Secretary will read
21 the title.
22 THE SECRETARY: Calendar Number
23 1675, by the Assembly Committee on Rules,
8871
1 Assembly Print Number 11204, an act making
2 appropriations for the support of government.
3 SENATOR LARKIN: Is there a
4 message at the desk?
5 ACTING PRESIDENT KUHL: Senator
6 Larkin, there is a message of necessity and
7 appropriation at the desk.
8 SENATOR LARKIN: Move to accept
9 the messages.
10 ACTING PRESIDENT KUHL: Motion is
11 to accept the message of appropriation at the
12 desk. All those in favor signify by saying
13 aye.
14 (Response of "Aye.")
15 Opposed nay.
16 (There was no response.)
17 The message is accepted.
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. )
8872
1 THE SECRETARY: Ayes 46.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 Senator Johnson.
5 SENATOR JOHNSON: Take up
6 Calendar Number 1676.
7 ACTING PRESIDENT KUHL: Secretary
8 will read.
9 THE SECRETARY: Senator Bruno
10 moves to discharge from the Committee on Rules
11 Assembly Bill Number 11203 and substitute it for
12 the identical Third Reading Calendar 1676.
13 ACTING PRESIDENT KUHL:
14 Substitution is ordered. Secretary will read
15 the title.
16 THE SECRETARY: Calendar Number
17 1676, by the Assembly Committee on Rules,
18 Assembly Print 11203, an act making
19 appropriations for the support of government and
20 to amend Chapter 63 of the Laws of 1996.
21 ACTING PRESIDENT KUHL: Senator
22 Johnson.
23 SENATOR JOHNSON: Is there a
8873
1 message of appropriation at the desk?
2 ACTING PRESIDENT KUHL: There is
3 a message of appropriation at the desk, Senator
4 Johnson.
5 SENATOR JOHNSON: I move to
6 accept the message of appropriation.
7 ACTING PRESIDENT KUHL: Motion to
8 accept the message of appropriation on Calendar
9 1676. All those in favor signify by saying
10 aye.
11 (Response of "Aye.")
12 Opposed nay.
13 (There was no response. )
14 The message is accepted.
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 46.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
8874
1 SENATOR JOHNSON: May we please
2 return to reports of standing committees. I
3 believe there is a report from the Rules
4 Committee at the desk.
5 ACTING PRESIDENT KUHL: We'll
6 return to the order of reports of standing
7 committees. Secretary will read the report of
8 the Rules Committee.
9 THE SECRETARY: Senator Bruno,
10 from the Committee on Rules, reports the
11 following bills:
12 Senate Print 6718, by Senator
13 Velella, an act to amend Chapter 934 of the Laws
14 of 1985;
15 7537-A, by Senator Hannon, an act
16 to amend the Public Health Law, Chapter 922 of
17 the Laws of 1990, amending the Public Health Law
18 and other laws relating to reimbursement;
19 7879, by Senator Larkin, an act
20 in relation to dissolving the corporate
21 existence of a certain not-for-profit
22 corporation; and
23 7884, by Senator Bruno, an act to
8875
1 amend the Environmental Conservation Law.
2 All bills ordered directly for
3 third reading.
4 ACTING PRESIDENT KUHL: Senator
5 Johnson.
6 SENATOR JOHNSON: Mr. President,
7 I move we accept the report of the Rules
8 Committee.
9 ACTING PRESIDENT KUHL: Motion is
10 to accept the report of the Rules Committee.
11 All those in favor signify by saying aye.
12 (Response of "Aye.")
13 Opposed nay.
14 (There was no response. )
15 The Rules report is accepted.
16 All bills ordered directly for third reading.
17 Senator Johnson.
18 SENATOR JOHNSON: May we return
19 to the motions and resolutions calendar at this
20 time.
21 ACTING PRESIDENT KUHL: Return to
22 the order of motions and resolutions.
23 Senator Johnson.
8876
1 SENATOR JOHNSON: I move that we
2 adopt the Resolution Calendar.
3 ACTING PRESIDENT KUHL: The
4 motion is to accept and adopt the Resolution
5 Calendar which is on the members' desks. All
6 those in favor signify by saying aye.
7 (Response of "Aye.")
8 Opposed nay.
9 (There was no response. )
10 The Resolution Calendar is
11 adopted.
12 Senator Johnson.
13 SENATOR JOHNSON: Is there a
14 resolution by Senator Goodman at the desk? Like
15 to have it read.
16 ACTING PRESIDENT KUHL: There is
17 a privileged resolution at the desk.
18 SENATOR JOHNSON: May we read the
19 title and move the resolution at this time.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the title of the privileged resolution
22 by Senator Goodman.
23 THE SECRETARY: By Senator
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1 Goodman, Legislative Resolution honoring the
2 memory of Louis J. Lefkowitz.
3 ACTING PRESIDENT KUHL: The Chair
4 recognizes Senator Goodman on the resolution.
5 SENATOR GOODMAN: Mr. President,
6 one of the most beloved and respected figures in
7 the recent politics and government of the state
8 of New York was the Attorney General who served
9 longer in that office than any other in our
10 history, who died on Thursday night late but, as
11 his son pointed out, just in time to be included
12 in the late edition of the New York Times
13 obituary on Friday. In this facetious fashion,
14 he pointed to the extraordinarily adept manner
15 in which the Attorney General was able to
16 utilize the media and to mold public opinion for
17 purposes which I think we'd all agree were
18 admirable and very much in the interest of the
19 people of the state of New York.
20 Louis J. Lefkowitz was a product
21 of Manhattan's East Side, born in an environment
22 essentially extremely poor and emerging from it
23 in a fashion that can only excite the greatest
8878
1 respect. He ran first for an Assembly seat in a
2 totally Democratic district and was presumed to
3 be a sitting duck, one who would be readily
4 defeated but, as he went from door to door with
5 his indomitable energy, he said, Please give me
6 your vote so that I'm not disgraced in this
7 election.
8 The attempt to avoid being
9 disgraced in the election turned into an upset
10 victory which launched one of the most
11 extraordinary political careers in the history
12 of the state.
13 Louis Lefkowitz was an individual
14 who served by appointment of Mayor Fiorella
15 LaGuardia as a judge in the city of New York and
16 subsequently upon the election of Jacob J.
17 Javits to the United States Senate, succeeded
18 him as the Attorney General of the state.
19 Up to that point, the office of
20 Attorney General was essentially devoted to
21 defending the state against actions being
22 brought against it in the state courts, but
23 Louis Lefkowitz converted this essentially
8879
1 defensive definition of the job into one which
2 involved an aggressive concern with the
3 interests of people, and particularly consumers,
4 all around the state and that dedicated
5 redefinition of mission resulted in his becoming
6 known as "the people's lawyer", a moniker which
7 stuck with him for the rest of his life.
8 He was a close confidante of
9 Governor Rockefeller and indeed was the only
10 individual invited consistently by the Governor
11 to stay with him in the Executive Mansion
12 whenever he was in Albany, and the bond between
13 these two men, and their productive partnership,
14 greatly benefited all of the people.
15 Louis Lefkowitz was a man with a
16 photographic memory. To campaign with him was
17 an experience that one could never forget once
18 having done it. I can recall walking the
19 streets of New York with him in my first
20 election a number of years ago. We would start
21 at a certain street, and he would enter every
22 retail establishment within view. We would go
23 into beauty parlors and shake the hand of every
8880
1 woman under a dryer. We would go into barber
2 shops and shake the hand of every man in a
3 barber chair.
4 In short, Louis Lefkowitz had a
5 comprehensive concept of campaigning and the
6 remarkable thing about his style was that once
7 he learned a name, he never forgot it, and not
8 only did he remember the individual he had met
9 but he remembered the stories about their
10 families so that to walk the streets of New York
11 with Louis Lefkowitz was to be treated with an
12 encyclopedia not only of Joe Smith, but of his
13 Aunt Maude, his nephew Luigi, or whoever it
14 might have been, and a complete understanding of
15 everybody's problem in a sense that Louis
16 Lefkowitz cared about people.
17 Mr. President we shall not see
18 his like again in this state, and yesterday at
19 his funeral in New York encomiums were delivered
20 by the Governor of the state, the junior Senator
21 from New York State, the Mayor of the city of
22 New York, and a whole range of notables, all of
23 whom gathered by the hundreds to salute and bid
8881
1 farewell to an absolutely unique New York
2 product.
3 He had a razor sharp legal mind
4 and a heart of gold. We shall always remember
5 him.
6 ACTING PRESIDENT KUHL: Senator
7 Johnson, did you have an announcement?
8 SENATOR JOHNSON: Yes, Mr.
9 President.
10 I'd like to re-announce that
11 there's a meeting, ongoing meeting now, of the
12 Finance Committee and we encourage all members
13 to be there, Room 332. Subsequent to that,
14 we'll have a meeting of the Corporations
15 Committee in that same room.
16 ACTING PRESIDENT KUHL: Immediate
17 meeting of the Senate Finance Committee in Room
18 332, Majority Conference Room. Immediate
19 meeting of the Senate Finance Committee in Room
20 332.
21 Senator Farley, on the
22 resolution.
23 SENATOR FARLEY: Yeah. I'd just
8882
1 like to rise and agree with Senator Goodman that
2 what a remarkable person that Louis Lefkowitz
3 was and what a fine human being, a great
4 Attorney General, but perhaps more interesting,
5 one of the most unique politicians, I think,
6 that ever was elected to office, a person that
7 has really set the gold standard for -- to get
8 elected in a district where he was outnumbered
9 registrationwise, and perhaps one of the top
10 vote getters that this state has ever seen.
11 I understand that Louis Lefkowitz
12 -- I can still see him to this day campaigning
13 in Schenectady at the GE gates, going with both
14 hands and saying "Hi" to everybody and he
15 certainly, for almost all his 91 years, was
16 vibrant and, when I saw him just a few short
17 years ago, there didn't seem to be very much
18 change in him.
19 He was a remarkable Attorney
20 General, a remarkable human being, and somebody
21 that this -- that really made his mark in this
22 state and set the standard for excellence in
23 public service.
8883
1 He'll be missed.
2 ACTING PRESIDENT KUHL: The
3 question is on the resolution. All those in
4 favor signify by saying aye.
5 (Response of "Aye.")
6 Opposed nay.
7 (There was no response. )
8 The resolution is adopted.
9 Senator Hoffmann, why do you
10 rise?
11 SENATOR HOFFMANN: Mr. President,
12 I was out of the chamber when 1675 was called
13 up. I request unanimous consent to be recorded
14 in the negative.
15 ACTING PRESIDENT KUHL: Without
16 objection.
17 SENATOR HOFFMANN: Thank you.
18 ACTING PRESIDENT KUHL: Hearing
19 no objection, Senator Hoffmann will be recorded
20 in the negative on Calendar Number 1675.
21 Senator Wright.
22 SENATOR WRIGHT: Mr. President, I
23 ask unanimous consent to be recorded in the
8884
1 negative on Calendar Number 1675.
2 ACTING PRESIDENT KUHL: Without
3 objection, hearing no objection, Senator Wright
4 will be recorded in the negative on Calendar
5 Number 1675.
6 Senator DiCarlo.
7 SENATOR DiCARLO: Mr. President,
8 I ask unanimous consent to be recorded in the
9 negative on Calendar Number 1675.
10 ACTING PRESIDENT KUHL: Without
11 objection, hearing no objection, Senator DiCarlo
12 will be recorded in the negative on Calendar
13 Number 1675.
14 Senator Nozzolio.
15 SENATOR NOZZOLIO: Mr. President,
16 I ask unanimous consent to be recorded in the
17 negative on Calendar Number 1675.
18 ACTING PRESIDENT KUHL: Without
19 objection, hearing no objection, Senator
20 Nozzolio will be recorded in the negative on
21 Calendar Number 1675.
22 Senator Oppenheimer.
23 SENATOR OPPENHEIMER: With
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1 unanimous consent, 1675, also in the negative.
2 ACTING PRESIDENT KUHL: Without
3 objection, hearing no objection, Senator
4 Oppenheimer will be recorded in the negative on
5 Calendar Number 1675.
6 Senator Levy? Senator Alesi.
7 SENATOR ALESI: Mr. President, I
8 ask unanimous consent to be recorded in the
9 negative on Calendar Number 1675.
10 ACTING PRESIDENT KUHL: Without
11 objection, hearing no objection, Senator Alesi
12 will be recorded in the negative on Calendar
13 Number 1675.
14 Senator Maziarz.
15 SENATOR MAZIARZ: Thank you, Mr.
16 President.
17 Mr. President, without objection,
18 I'd like to be recorded in the negative on
19 Calendar Number 1675.
20 ACTING PRESIDENT KUHL: Without
21 objection, hearing no objection, Senator Maziarz
22 will be recorded negative on Calendar Number
23 1675.
8886
1 Senator Libous.
2 SENATOR LIBOUS: Thank you, Mr.
3 President.
4 Could I have unanimous
5 consideration to be recorded in the negative on
6 Calendar 1675, please.
7 ACTING PRESIDENT KUHL: Without
8 objection, hearing no objection, Senator Libous
9 will be recorded in the negative on Calendar
10 Number 1675.
11 Senator Johnson.
12 SENATOR JOHNSON: Mr. President,
13 may you at this time go back to the Resolution
14 Calendar, read Senator Rath's resolution, the
15 title, and adopt it at this time.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the title to Senator Rath's privileged
18 resolution, which is at the desk.
19 THE SECRETARY: By Senator Rath,
20 Legislative Resolution mourning the death of
21 Louis R. "Lou" Woolcock, Director of the New
22 York State Department of Transportation Office
23 of Internal Audit and Investigations.
8887
1 ACTING PRESIDENT KUHL: Senator
2 Rath, on the resolution.
3 SENATOR RATH: Mr. President, I
4 would like my colleagues to join with me in a
5 moment of consideration of a life of Lou
6 Woolcock which ended much too quickly last
7 Monday at 54 years of age.
8 I think many of you would
9 recognize Lou as being the husband of my
10 director of my Albany office, Marina Woolcock.
11 Lou worked for the Department of Transportation,
12 and you might see in the resolution that was
13 developed, you would recognize in Lou something
14 that we see in all of the people who love
15 government and love politics and love being
16 nexus between the two.
17 And in remembering Lou, I think
18 the most urgent thing that I can think of,
19 because I know we're moving along quickly in our
20 deliberations today, and I would like to say a
21 word of appreciation to a system that gives us a
22 person who cared so much about the integrity of
23 the system and about the honor of the traditions
8888
1 that we all work in, that his loss will be felt
2 by many, many people for a long time to come and
3 pray that our system will continue to bring to
4 the top and bring to the surface people who care
5 so much and work so hard to do what is so
6 right.
7 Thank you.
8 ACTING PRESIDENT KUHL: Question
9 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 LEICHTER: Mr. President.
16 ACTING PRESIDENT KUHL: Senator
17 Leichter, why do you rise?
18 SENATOR LEICHTER: Since there
19 seems to be a lull in our proceeding, I was at a
20 meeting of the Conference Committee on the
21 pesticide bill, so I wasn't in the chamber when
22 I understand there was a resolution honoring the
23 memory and the service of Louis Lefkowitz, and I
8889
1 just wanted to say just a couple words.
2 ACTING PRESIDENT KUHL: Senator
3 Johnson, do you have any objection to Senator
4 Leichter addressing the chamber on the
5 resolution that passed for a few moments?
6 SENATOR JOHNSON: Mr. President,
7 I believe it's very appropriate at this time to
8 do so.
9 SENATOR LEICHTER: Good. Thank
10 you, Senator Johnson.
11 ACTING PRESIDENT KUHL: Senator
12 Leichter.
13 SENATOR LEICHTER: I was
14 yesterday at the very moving services for the
15 former Attorney General, and the Governor and
16 the Mayor and others spoke very perceptively
17 about him and his service to the state.
18 I just wanted to make one point
19 that I thought was so important because in part,
20 you know, people look at Louis Lefkowitz and see
21 him somewhat as a figure of the past, but
22 there's really so much, I think, that all of us
23 could learn from his life of service, and I
8890
1 thought it was important for me to get up as a
2 Democrat.
3 I was here in the Legislature
4 when the Attorney General was in office. I had
5 very little contact with him, but I admired him
6 and I just wanted to make the point that, in a
7 day and age when I think partisanship has become
8 much sharper and more acute and when politics, I
9 think, drives our actions as never before, I
10 think it's worthwhile looking at somebody like
11 Louis Lefkowitz who, yes, he was active
12 politically, but I think that he really embodied
13 the idea that public service is to accomplish
14 goals and reach achievements for the people of
15 the state, the people that you serve and if you
16 get political credit as a result and political
17 benefits, that's really secondary, and I think
18 we all might take some moments to think about
19 that and, as a lesson I think to all of us that
20 the best politician is really the one who serves
21 the people, as certainly Louis Lefkowitz did for
22 so many years.
23 I assume that every member of the
8891
1 Legislature, of the Senate, was included in the
2 resolution. Certainly I want to be.
3 Thank you very much, Mr.
4 President.
5 ACTING PRESIDENT KUHL: Thank
6 you, Senator Leichter.
7 Senator DiCarlo, we're on motions
8 and resolutions. Did you have a couple motions?
9 SENATOR DiCARLO: Mr. President,
10 on behalf of Senator Marcellino, I wish to call
11 up bill Print Number 6902 recalled from the
12 Assembly which is now at the desk.
13 ACTING PRESIDENT KUHL: Secretary
14 will read the title.
15 THE SECRETARY: Calendar Number
16 898, by Senator Marcellino, Senate Print 6902,
17 an act to amend the Environmental Conservation
18 Law.
19 ACTING PRESIDENT KUHL: Senator
20 DiCarlo.
21 SENATOR DiCARLO: Mr. President,
22 I now move to reconsider the vote by which this
23 bill was passed.
8892
1 ACTING PRESIDENT KUHL: Secretary
2 will call the roll on reconsideration.
3 (The Secretary called the roll on
4 reconsideration. )
5 THE SECRETARY: Ayes 50.
6 ACTING PRESIDENT KUHL: Senator
7 DiCarlo.
8 SENATOR DiCARLO: Mr. President,
9 I now offer the following amendments.
10 ACTING PRESIDENT KUHL: Amend
11 ments are received and adopted.
12 SENATOR DiCARLO: Mr. President,
13 on behalf of Senator Maziarz, I wish to call up
14 bill Print Number 7431, recalled from the
15 Assembly which is now at the desk.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the title.
18 THE SECRETARY: Calendar Number
19 1015, by Senator Maziarz, Senate Print 7431, an
20 act to authorize the construction of new school
21 facilities.
22 ACTING PRESIDENT KUHL: Senator
23 DiCarlo.
8893
1 SENATOR DiCARLO: Mr. President,
2 I now move to reconsider the vote by which this
3 bill was passed.
4 ACTING PRESIDENT KUHL: Secretary
5 will call the roll on reconsideration.
6 (The Secretary called the roll on
7 reconsideration.
8 THE SECRETARY: Ayes 51.
9 ACTING PRESIDENT KUHL: Senator
10 DiCarlo.
11 SENATOR DiCARLO: Mr. President,
12 I now offer the following amendments.
13 ACTING PRESIDENT KUHL: Amend
14 ments are received and adopted.
15 Senator Johnson.
16 SENATOR JOHNSON: Mr. President,
17 now I'd like to take up Calendar Number 1679.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the title.
20 THE SECRETARY: Senator Larkin
21 moves to discharge from the Committee on Rules
22 Assembly Bill Number 8662-A and substitute it
23 for the identical Third Reading Calendar 1679.
8894
1 ACTING PRESIDENT KUHL:
2 Substitution is ordered. Secretary will read.
3 THE SECRETARY: Calendar Number
4 1679, by member of the Assembly Matusow,
5 Assembly Print 8662-A, an act in relation to
6 dissolving the corporate existence of a certain
7 not-for-profit corporation.
8 ACTING PRESIDENT KUHL: Any
9 Senator wishing to speak on the bill?
10 Senator Larkin.
11 SENATOR LARKIN: Mr. President,
12 this is a very significant piece of legislation
13 as far as we're concerned.
14 This is an issue that's been at
15 hand since 1994 when this organization was given
16 not-for-profit status by then Secretary of State
17 Gail Shaffer. This organization has been a
18 front for the National Man Love Boy Association.
19 Not-for-profit status should be given to an
20 organization that is promoting good human
21 dignity and all of the things that we hold near
22 and dear to us. This organization has totally
23 evaded the issues, has not responded and has
8895
1 done other things that have made it a front.
2 What we want to do is to get this
3 organization out and we want to further remove
4 all organizations associated with it, and I
5 thank my colleagues for supporting me on this
6 legislation.
7 ACTING PRESIDENT KUHL: Senator
8 Leibell, on the bill.
9 SENATOR LEIBELL: Thank you, Mr.
10 President.
11 First, I'd like to commend my
12 colleague, Senator Larkin. I think this is one
13 of the most important pieces of legislation that
14 will go through this chamber during this general
15 session this year. Senator Larkin has spent a
16 great deal of time and effort in working to
17 solve what has been a very difficult problem
18 created through the granting of this
19 not-for-profit status to this corporation. I've
20 looked -- I've liked very much working with him
21 on this issue. I once again congratulate him.
22 I think he's done an excellent job.
23 Thank you.
8896
1 ACTING PRESIDENT KUHL: Any other
2 Senator wishing to speak on the bill? Hearing
3 none, the Secretary will 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 51.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Senator Johnson.
13 SENATOR JOHNSON: Oh, now we'd
14 like to take up Senate 6718, Mr. President.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the substitution.
17 THE SECRETARY: Senator Velella
18 moves to discharge from the Committee on Rules
19 Assembly Bill Number 9576 and substitute it for
20 the identical Third Reading Calendar 1677.
21 ACTING PRESIDENT KUHL:
22 Substitution is ordered. Secretary will read
23 the title.
8897
1 THE SECRETARY: Calendar Number
2 1677, by member of the Assembly Gottfried,
3 Assembly Print 9576, an act to amend Chapter 934
4 of the Laws of 1985.
5 ACTING PRESIDENT KUHL: Is there
6 any Senator wishing to speak on the bill?
7 Hearing none, the Secretary will read the last
8 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 51.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 Senator Johnson.
18 SENATOR JOHNSON: Now, may we
19 take up Senate 7537-A.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the title.
22 THE SECRETARY: Calendar Number
23 1678, by Senator Hannon, Senate Print 7537-A, an
8898
1 act to amend the Public Health Law, Chapter 922
2 of the Laws of 1990, amending the Public Health
3 Law and other laws, relating to reimbursement.
4 SENATOR PATERSON: Lay aside,
5 please.
6 ACTING PRESIDENT KUHL: Senator
7 Paterson, we're on the debate calendar. Are you
8 asking for an explanation?
9 SENATOR PATERSON: I'm sorry, Mr.
10 President. We're on the -- that we're on the
11 controversial calendar.
12 ACTING PRESIDENT KUHL: Yes.
13 SENATOR PATERSON: Oh, I'm sorry,
14 Mr. President. I'm just getting back into
15 form. Yes. May we have an explanation of
16 that?
17 ACTING PRESIDENT KUHL: Senator
18 Hannon, an explanation of -- it's Senate 7537-A
19 has been asked for by Senator Paterson.
20 SENATOR HANNON: Thank you, Mr.
21 President.
22 Yes, this measure deals with
23 three programs in regard to health care for New
8899
1 Yorkers. It deals with the Child Health
2 Insurance Program. It deals with regional pilot
3 projects for the uninsured, and the excess
4 medical malpractice insurance program.
5 The regional pilot projects is an
6 experimental project that was first begun in
7 1988. This would continue that. Two types of
8 programs are now in operation, an individual
9 subsidy program through which individual -
10 eligible individuals are helped in getting
11 health insurance for themselves and their
12 families, as well as an employer incentive
13 program through which certain employers receive
14 help in purchasing insurance coverage for their
15 employees.
16 The excess medical malpractice
17 insurance program begun in the '80s is
18 continued. This is providing the extra $1
19 million worth of insurance to physicians in this
20 state done through the hospital system; and the
21 third is the Child Health Insurance Program.
22 This is continued. It allows families with
23 children 14 and under who are not eligible for
8900
1 Medicaid and do not have health insurance to
2 receive assistance in purchasing health
3 insurance through participating approved
4 carriers.
5 This would be funded under the
6 existing fund surplus to the system.
7 ACTING PRESIDENT KUHL: Senator
8 Paterson.
9 SENATOR PATERSON: Mr. President,
10 if Senator Hannon would yield to a question.
11 ACTING PRESIDENT KUHL: Senator
12 Hannon, do you yield to a question?
13 SENATOR HANNON: Yes, Senator.
14 ACTING PRESIDENT KUHL: Senator
15 yields.
16 SENATOR PATERSON: Senator, with
17 respect to the child health program for new
18 enrollees and children who would become eligible
19 for the program after July 1st, what would
20 happen to them? I know the Governor wants to
21 expand the child program, and maybe that can be
22 negotiated into the budget, but now as it stands
23 with this bill what would happen to new
8901
1 enrollees after July 1st?
2 SENATOR HANNON: Absent -- we
3 only continue through this the continuation of
4 current enrollees under the Child Health
5 Insurance Program and, by the way, this bill is
6 really in a sense only if the whole NYPHRM
7 system were to lapse, so we're not projecting
8 that this is what we desire but this is just to
9 make sure that children who are currently
10 getting that coverage were to continue, so I do
11 not anticipate that we'll be able to expand it
12 even for new enrollees.
13 ACTING PRESIDENT KUHL: Senator
14 Paterson.
15 SENATOR PATERSON: Thank you,
16 Senator.
17 We understand the need for these
18 programs and there certainly is -- this
19 certainly is a good piece of legislation, but it
20 is somewhat disappointing in that if there may
21 be some other avenues that we may explore during
22 the NYPHRM extension or NYPHRM readjustment or
23 whichever way we might work this out in the
8902
1 budget. The fact is that there really is no
2 room for expansion, for enrollees who are
3 children, after July 1st and that is quite
4 disappointing. Even if there's a -- if we are
5 relying on some other course of action, I would
6 have thought it more foresighted to have it have
7 appeared in the legislation, and I just wanted
8 to put that on the record for all of the young
9 people who need services, who need health
10 protection and would not get it based on just
11 what would be the dicta of the legislation, even
12 though I concede that it's probably not what the
13 -- what the final program would be.
14 The fact is that, just as the
15 bill stands, I feel the need to point that out.
16 ACTING PRESIDENT KUHL: Senator
17 Hannon, on the bill.
18 SENATOR HANNON: Senator, on the
19 bill.
20 Your point is well taken, and I
21 would point out that, as our statement of
22 intent, we look through the system that we and
23 the Majority have proposed for the hospital
8903
1 reimbursement system under the bill that passed
2 in this house about ten days ago. We expanded
3 the child health program to those 18 years of
4 age and under. We expanded the benefits
5 available, and we think that that is the way to
6 go and that is fully our intent, and so that's
7 why I think I can fully agree with you.
8 Thank you, Mr. President.
9 ACTING PRESIDENT KUHL: Any other
10 Senator wishing to speak on the bill? Hearing
11 none, the Secretary will read the last section.
12 THE SECRETARY: Section 13. This
13 act shall take effect June 30th.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 51.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 Senator Johnson.
21 SENATOR JOHNSON: Any
22 housekeeping, Mr. President?
23 SENATOR COOK: Mr. President.
8904
1 ACTING PRESIDENT KUHL: Senator
2 Cook, why do you rise?
3 SENATOR COOK: Mr. President, if
4 I may, with unanimous consent, I'd like to just
5 offer a very brief comment about a resolution
6 we've already passed if that's acceptable.
7 ACTING PRESIDENT KUHL: Senator
8 Johnson? Hearing no objection, Senator Cook.
9 SENATOR COOK: Mr. President, as
10 happens from time to time we have staff members
11 who have done great service to the Senate who
12 move on to other things, but we have an
13 opportunity today to just recognize one of these
14 people. We've already passed his resolution
15 last week, but Jim Cultrara, who has been a
16 staff member for the Education Committee going
17 all the way back to the time when Senator
18 Donovan was chairman, he has served on several
19 legislative staffs here and has been an in
20 valuable resource for so many people in this
21 chamber, has opted to take some optional
22 employment, different employment, at the end of
23 this week, and I simply wanted to rise to first
8905
1 recognize Jim's great service to myself and to
2 everybody else in this chamber and also to wish
3 him well in his new endeavors.
4 ACTING PRESIDENT KUHL: Thank
5 you, Senator Cook.
6 (Applause)
7 ACTING PRESIDENT KUHL: Senator
8 Levy.
9 SENATOR LEVY: Yes, Mr.
10 President.
11 Earlier this afternoon, while the
12 Long Island legislators were out of the chamber,
13 a resolution was passed mourning the tragic
14 death of Assemblyman Philip Healey, and we just
15 wanted the record to be clear that we are going
16 to be talking about the tragedy of Phil Healey's
17 death, but not this afternoon. His beautiful
18 wife Geneva, and his family, are coming up on a
19 date to be set by the Assembly to have a suited
20 memorial in Phil's memory and we will all be
21 holding our remarks until that day when Geneva
22 is here for the Assembly and the family is here
23 and then will come over to the Senate and we
8906
1 just wanted the record to be clear on that
2 matter.
3 Thank you very much.
4 ACTING PRESIDENT KUHL: Thank
5 you, Senator Levy.
6 SENATOR JOHNSON: Mr. President,
7 I would like to announce that there is an
8 immediate meeting of the Corporations Committee
9 in 332, Room 332.
10 ACTING PRESIDENT KUHL: There
11 will be an immediate meeting of the Corporations
12 Committee, immediate meeting of the Corporations
13 Committee in the Majority Conference Room, Room
14 332.
15 Senator Nanula, why do you rise?
16 SENATOR NANULA: Mr. President,
17 I'd like to request unanimous consent to be
18 recorded in the negative on Calendar Number
19 1675.
20 ACTING PRESIDENT KUHL: Without
21 objection, hearing no objection, Senator Nanula
22 will be recorded in the negative on Calendar
23 1675.
8907
1 Senator Dollinger, why do you
2 rise?
3 SENATOR DOLLINGER: Mr.
4 President, I was out of the chamber at a
5 committee meeting when the vote was taken on
6 1675. I would request unanimous consent to be
7 recorded in the negative. That, I believe, is
8 the legislative pay bill.
9 ACTING PRESIDENT KUHL: Without
10 objection, hearing no objection, Senator
11 Dollinger will be recorded in the negative on
12 Calendar Number 1675.
13 Senator Skelos.
14 SENATOR SKELOS: We're just
15 waiting for the esteemed chairman of the Finance
16 Committee.
17 ACTING PRESIDENT KUHL: Senator
18 Skelos.
19 SENATOR SKELOS: If we could
20 return to reports of standing committees. I
21 believe there is a report of the Finance
22 Committee at the desk. I ask that it be read.
23 ACTING PRESIDENT KUHL: We will
8908
1 return to the order of reports of standing
2 committees.
3 There is a report of the Senate
4 Finance Committee at the desk. I'll ask the
5 Secretary to read.
6 THE SECRETARY: Senator Stafford,
7 from the Committee on Finance, reports the
8 following nomination:
9 Member of the New York State
10 Employment Relations Board, Linda M. Belfer,
11 Esq., of New York City.
12 ACTING PRESIDENT KUHL: The Chair
13 recognizes Senator Stafford.
14 SENATOR STAFFORD: Thank you, Mr.
15 President.
16 As has been our Governor's
17 custom, he sent some very fine nominees to us
18 today. Our first nominee is Linda Belfer,
19 presently an attorney with a very fine
20 background in education and experience who made
21 a very fine statement before our committee, and
22 was unanimously approved by the Finance
23 Committee to be a member of the New York
8909
1 Employment Relations Board, and it's a pleasure
2 for me to move her confirmation with any other
3 Senators who would care to join.
4 Thank you.
5 SENATOR ABATE: I would rise in
6 enthusiastic support -
7 ACTING PRESIDENT KUHL: Senator
8 Abate, did you wish to speak on the nomination?
9 SENATOR ABATE: Yes, Mr.
10 President.
11 ACTING PRESIDENT KUHL: It's
12 customary to be recognized by the Chair before
13 speaking.
14 SENATOR ABATE: I'm one step
15 ahead. I thought you had recognized.
16 ACTING PRESIDENT KUHL: It's been
17 a week since we've been here.
18 The Chair recognizes Senator
19 Abate, on the nomination.
20 SENATOR ABATE: Yes. I too rise
21 in enthusiastic support of Linda Belfer. Linda
22 is a constituent of mine. I've had the
23 opportunity through the years to see her good
8910
1 work in the community as well as as a lawyer.
2 She is smart; she is organized. She is
3 enormously aware of employment issues and labor
4 issues, having worked with employers and
5 employees, and I must say that she'll probably
6 be one of the only members of the board who can
7 speak English, Spanish, French and Hebrew pro
8 ficiently. That's just a demonstration of how
9 smart she is, and I think she'll make an
10 enormous and productive contribution to the
11 board, and I ask my colleagues to support her
12 nomination, and look forward to working with her
13 for the next few years.
14 ACTING PRESIDENT KUHL: Is there
15 any other Senator wishing to speak on the
16 nomination? If not, the question is on the
17 nomination of Linda M. Belfer of New York City
18 to become a member of the New York State
19 Employment Relations Board.
20 All those in favor of the
21 nomination signify by saying aye.
22 (Response of "Aye.")
23 Opposed nay.
8911
1 (There was no response. )
2 In a close vote, but unanimous
3 vote, the nominee is confirmed.
4 We're very, very pleased to be
5 joined by Linda Belfer, who is in the balcony to
6 my right, to your left. Congratulations on your
7 appointment and good luck.
8 (Applause)
9 The Secretary will continue to
10 read.
11 THE SECRETARY: Senator Stafford,
12 from the Committee on Finance, reports the
13 following nomination:
14 Member of the Workers'
15 Compensation Board, Carol G. McManus of Pitts
16 ford.
17 ACTING PRESIDENT KUHL: Chair
18 recognizes Senator Stafford, on the nomination.
19 SENATOR STAFFORD: Thank you, Mr.
20 President. Also Mrs. McManus appeared before us
21 with likewise a very fine statement, excellent,
22 and I believe Senator Alesi is going to move the
23 confirmation, please.
8912
1 ACTING PRESIDENT KUHL: Chair
2 recognizes Senator Alesi.
3 SENATOR ALESI: Thank you, Mr.
4 President.
5 It's my pleasure and privilege to
6 support the nomination of my constituent and
7 good friend, Carol McManus, who has a very broad
8 background in not only the public sector but
9 private sector as well. Her experience crosses
10 between business, legislative and legal.
11 She's been active in unemployment
12 reform, small business, economic development,
13 industrial and labor relations, civil service
14 regulations, the wage and salary task forces and
15 most importantly, Carol is someone who brings
16 great energy to whatever endeavor she under
17 takes. She is dedicated, hard working and
18 knowledgeable, and I'm sure that she will be a
19 true asset to the Workers' Comp. Board.
20 It's my pleasure and privilege to
21 support this nomination of Carol McManus.
22 Thank you, Mr. President.
23 ACTING PRESIDENT KUHL: Chair
8913
1 recognizes Senator Maziarz on the nomination.
2 SENATOR MAZIARZ: Thank you, Mr.
3 President. I want to join my colleagues in the
4 Rochester delegation in congratulating the
5 Governor on a very fine nomination of Carol
6 McManus as a member of the Workers' Compensation
7 Board.
8 I've known Carol now for almost
9 two years and I've known her hard work on the
10 Monroe County Legislature where she's always out
11 there fighting not only for her district on the
12 east side of Rochester but really for the good
13 of and the betterment of all of Monroe County.
14 So I gladly rise and second this
15 nomination of Carol McManus.
16 Thank you, Mr. President.
17 ACTING PRESIDENT KUHL: Senator
18 Nozzolio, on the nomination.
19 SENATOR NOZZOLIO: Thank you, Mr.
20 President, my colleagues.
21 This truly is an excellent
22 appointment by Governor Pataki, and I rise to
23 join my colleagues from Monroe County to support
8914
1 it wholeheartedly.
2 Carol McManus has demonstrated
3 through here community leadership, through her
4 activities, through her volunteer work and
5 professional work, that she is ideally suited to
6 be a member of the Workers' Comp' Board, that we
7 have joined in support, unanimously of this fine
8 appointment.
9 I had first met Carol during her
10 work as a member of the chamber, as a volunteer
11 member of the chamber on issues that affect
12 directly working people. I think that's the
13 type of people that we want in this very
14 important position, one who has been involved
15 with people in a variety of different forums and
16 manners, but one who brings a balance and a
17 great deal of breadth to the Workmen's
18 Compensation Board, a very important board, one
19 that we will look to as this Legislature looks
20 to the entire issue of workmen's compensation.
21 Mr. President, I applaud the
22 Governor for making this fine appointment, and I
23 wholeheartedly support it.
8915
1 ACTING PRESIDENT KUHL: Senator
2 Dollinger, on the nomination.
3 SENATOR DOLLINGER: Thank you,
4 Mr. President.
5 I think it's an exceptional
6 candidate when all the members of the Monroe
7 County Senate delegation stand up and applaud
8 the Governor's choice and his selection, and so
9 it is in this case with Carol McManus.
10 As I said at the Finance
11 Committee, I think Carol and I have probably
12 argued and fought over more things in the past
13 than both of us can remember, but this is a
14 woman who has really committed herself to public
15 service and giving things to the community.
16 Started off as a school board
17 member, she's been a town council member; she's
18 been a member of the Monroe County Legislature.
19 She and I have something in common that she
20 probably doesn't realize, but I also was the
21 chairman of the Planning and Economic
22 Development Committee, but it was back in the
23 distant past when Democrats controlled that
8916
1 august body; but Carol gives her energy, I think
2 Senator Alesi put it correctly, she gives energy
3 and dedication to the community.
4 She has a background in office
5 operations and running the operations of a law
6 firm. She comes highly recommended by the
7 members of that firm, and I think this is an
8 exceptional candidate. I think she'll do a top
9 notch job on the Workers' Compensation Board,
10 and I congratulate the Governor for this
11 appointment.
12 ACTING PRESIDENT KUHL: Is there
13 any other Senator wishing to speak on the
14 nomination. Hearing none, the question is on
15 the nomination of Carol G. McManus of Pitts
16 ford, New York, to become a member of the
17 Workers' Compensation Board. All those in favor
18 signify by saying aye.
19 (Response of "Aye.")
20 Opposed nay.
21 (There was no response.)
22 The nominee is confirmed.
23 We're very pleased to be joined
8917
1 by Carol McManus, who is in the gallery to your
2 left. Congratulations and good luck.
3 (Applause)
4 Secretary will continue to read.
5 THE SECRETARY: Senator Stafford,
6 from the Committee on Finance, reports the
7 following nomination:
8 George C. Frost, of South Glens
9 Falls, member of the New York State Employment
10 Relations Board.
11 ACTING PRESIDENT KUHL: Senator
12 Stafford, on the nomination.
13 SENATOR STAFFORD: Thank you, Mr.
14 President.
15 I certainly have to emphasize at
16 the beginning of my remarks that George Frost is
17 a very close friend of the Majority Leader and
18 he's also a very close professional associate of
19 our Majority Leader, and I'm sure I can't speak
20 for Senator Bruno. He speaks very well for
21 himself, but if he were here, he would be saying
22 many, many fine things about George Frost that
23 we all know very, very well.
8918
1 As a constituent of mine, I can
2 say nothing but good. A very successful
3 businessman, a professional engineer, a leader
4 in his community of professional engineers, a
5 very successful engineering practice with a very
6 large firm in upstate New York. In fact, I said
7 to him every time I went in there, and it's
8 amazing, I used to get in there about every two
9 years, I don't know why, but I -- there was a
10 large group of people, and I said, I sometimes
11 wondered about that payroll. He said he did
12 too. But he retired, left a great firm. The
13 firm is still successful; it will be successful
14 because he and his partners similarly retired.
15 I can only say, Mr. President,
16 that George Frost being willing to serve will
17 make this state a better place, and I'm sure
18 that he will be a credit to the board, and I
19 know that is true because he's been a credit to
20 his community, to his family, and indeed to
21 himself, and I know this will continue in his
22 work here with the Employee Relations Board and
23 on behalf of our Majority Leader, I certainly
8919
1 would move the confirmation.
2 ACTING PRESIDENT KUHL: Any other
3 Senator wishing to speak on the nomination?
4 Hearing none, the question is on the nomination
5 of George C. Frost, of South Glens Falls, to
6 become a member of the New York State Employment
7 Relations Boards. All those in favor of the
8 nomination signify by saying aye.
9 (Response of "Aye.")
10 Opposed nay.
11 (There was no response. )
12 The nominee is confirmed.
13 We're very pleased that Mr. Frost
14 has joined us. He's in the gallery to your
15 left. Welcome to the board.
16 (Applause)
17 ACTING PRESIDENT KUHL: Secretary
18 will continue to read.
19 THE SECRETARY: Senator Stafford,
20 from the Committee on Finance, reports the
21 following nomination:
22 Trustee of the Power Authority of
23 the state of New York, Hyman Miller, of
8920
1 Fayetteville.
2 ACTING PRESIDENT KUHL: Question
3 is on the nomination of Hyman Miller to become a
4 member -- a trustee of the Power Authority of
5 the state of New York. All those in favor of
6 the nomination signify by saying aye.
7 (Response of "Aye.")
8 Opposed nay.
9 (There was no response. )
10 The nominee is confirmed.
11 Secretary will continue to read.
12 THE SECRETARY: Senator Stafford,
13 from the Committee on Finance, reports the
14 following nomination:
15 Member of the New York State
16 Olympic Regional Development Authority, Edwin
17 Weibrecht, of Lake Placid.
18 SENATOR STAFFORD: Move the
19 nomination.
20 ACTING PRESIDENT KUHL: Question
21 is on the nomination of Edwin Weibrecht to
22 become a member of the New York State Olympic
23 Regional Development Authority. All those in
8921
1 favor signify by saying aye.
2 (Response of "Aye.")
3 Opposed nay.
4 (There was no response.)
5 The nominee is confirmed.
6 Secretary will continue to read.
7 THE SECRETARY: Senator Stafford,
8 from the Committee on Finance, reports the
9 following nomination:
10 Member of the Central New York
11 Regional Transportation Authority, James G.
12 Russell Jr., of Syracuse.
13 ACTING PRESIDENT KUHL: Question
14 is on the nomination. All those in favor signify
15 by saying aye.
16 (Response of "Aye.")
17 Opposed nay.
18 The nominee is confirmed.
19 Secretary will continue to read.
20 THE SECRETARY: Senator Stafford,
21 from the Committee on Finance, reports the
22 following nomination:
23 Member of the State Public
8922
1 Transportation Safety Board, William Duffy of
2 Ronkonkoma.
3 SENATOR LEVY: Move confirmation.
4 ACTING PRESIDENT KUHL: Question
5 is on the nomination. All those in favor
6 signify by saying aye.
7 (Response of "Aye.")
8 Opposed nay.
9 (There was no response.)
10 The nominee is confirmed.
11 Secretary will continue to read.
12 THE SECRETARY: Senator Stafford,
13 from the Committee on Finance, reports the
14 following nomination:
15 Member of the Buffalo and Fort
16 Erie Bridge Authority, Louis J. Billitier of
17 Hamburg.
18 ACTING PRESIDENT KUHL: Senator
19 Rath, on the nomination.
20 SENATOR RATH: Yes, Mr.
21 President, my colleagues. I rise to say a brief
22 word about a man I've known for a very long
23 time, Lou Billittier of Hamburg, a town a little
8923
1 south of Buffalo. Lou is a man of and for our
2 community.
3 Now, many of you live in
4 communities that have bridges. Our big bridge
5 is very special. It unites Canada and the
6 United States. This Peace Bridge Authority is a
7 major, major player in the life of our community
8 and Lou Billittier, as a long-time trustee of
9 Erie Community College, a front runner in
10 working with the Emergency Medical Services, a
11 front runner in maintaining the integrity of
12 Sheehan Memorial Hospital, is a man of our
13 community and an outstanding choice.
14 I'd like to commend the Governor
15 and urge the support of Lou Billittier.
16 ACTING PRESIDENT KUHL: Question
17 is on the nomination of Louis Billittier to
18 become a member of the Buffalo and Fort Erie
19 Bridge Authority. All those in favor of the
20 nomination signify by saying aye.
21 (Response of "Aye.")
22 Opposed nay.
23 (There was no response.)
8924
1 The nominee is confirmed. The
2 Secretary will continue to read.
3 THE SECRETARY: Senator Stafford,
4 from the Committee on Finance, reports the
5 following nominations:
6 Members of the Republic Airport
7 Commission, Philip Acinapuro, of North
8 Massapequa, and Frank Nocerino, of North
9 Massapequa.
10 SENATOR LEVY: Move the
11 nominations.
12 ACTING PRESIDENT KUHL: Question
13 is on the nominations. All those in favor
14 signify by saying aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response.)
18 The nominees are confirmed.
19 Secretary will continue to read.
20 THE SECRETARY: Senator Stafford,
21 from the Committee on Finance, reports the
22 following nomination:
23 Member of the Stewart Airport
8925
1 Commission, Louis P. Bozzone, of New Windsor.
2 ACTING PRESIDENT KUHL: Question
3 is on the nomination. All those in favor
4 signify by saying aye.
5 (Response of "Aye.")
6 Opposed nay.
7 (There was no response.)
8 The nominee is confirmed.
9 Secretary will read.
10 THE SECRETARY: Senator Stafford,
11 from the Committee so Finance, reports the
12 following nomination:
13 Member of the New York State
14 Park, Recreation and Historic Preservation
15 Commission, Charles A. Angelino of Norwich.
16 ACTING PRESIDENT KUHL: Question
17 is on the nomination. All those in favor saying
18 by saying aye.
19 (Response of "Aye.")
20 Opposed nay.
21 (There was no response.)
22 The nominee is confirmed.
23 Secretary will read.
8926
1 THE SECRETARY: Senator Stafford,
2 from the Committee on Finance, reports the
3 following nomination:
4 Member of the Saratoga Capital
5 District State Park Recreation and Historic
6 Preservation Commission, Michael T. Dennis, of
7 Gansevoort.
8 ACTING PRESIDENT KUHL: Question
9 is on the nomination. All those in favor
10 signify by saying aye.
11 (Response of "Aye.")
12 Opposed nay.
13 (There was no response.)
14 The nominee is confirmed.
15 Secretary will read.
16 THE SECRETARY: Senator Stafford,
17 from the Committee on Finance, reports the
18 following nominations:
19 Members of the Lake George Park
20 Commission, H. Gordon Burleigh, of Ticonderoga;
21 E. Wilson Campbell, of Bolton Landing; Thomas L.
22 Wood, of Whitehall and Bruce Young of Hulett's
23 Landing.
8927
1 ACTING PRESIDENT KUHL: Question
2 of is on the nominations. All those in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (There was no response.)
7 The nominees are confirmed.
8 Secretary will read.
9 THE SECRETARY: Senator Stafford,
10 from the Committee on Finance, reports the
11 following nominations:
12 Member of the New York State
13 Emergency Financial Control Board for the city
14 of Yonkers, John Jacono, of Yonkers.
15 ACTING PRESIDENT KUHL: Question
16 is on the nomination. All those in favor
17 signify by saying aye.
18 (Response of "Aye.")
19 Opposed nay.
20 The nominee is confirmed.
21 Secretary will read.
22 THE SECRETARY: Senator Stafford,
23 from the Committee on Finance, reports the
8928
1 following nomination:
2 Member of the New York State Job
3 Development Authority, Nicholas Yunis, of
4 Elmira.
5 ACTING PRESIDENT KUHL: Question
6 is on the nomination of Nicholas Yunis to become
7 a member of the New York Job Development
8 Authority. All those in favor signify by saying
9 aye.
10 (Response of "Aye.")
11 Opposed nay.
12 The nominee is confirmed.
13 Secretary will read.
14 The Secretary will read.
15 THE SECRETARY: Senator Stafford,
16 from the Committee on Finance, reports the
17 following nomination:
18 Public Member of the State
19 Banking Board, Michael D. Grosso, of Coxsackie.
20 ACTING PRESIDENT KUHL: The
21 question is on the nomination. All those in
22 favor signify by saying aye.
23 (Response of "Aye".)
8929
1 Opposed, nay.
2 (There was no response.)
3 The nominee is confirmed.
4 The Secretary will read.
5 THE SECRETARY: Senator Stafford,
6 from the Committee on Finance, reports the
7 following nomination:
8 Member of the Small Business
9 Advisory Board, William Hockenberger, of
10 Penfield.
11 ACTING PRESIDENT KUHL: The
12 question is on the nomination. All those in
13 favor signify by saying aye.
14 (Response of "Aye".)
15 Opposed, nay.
16 (There was no response.)
17 The nominee is confirmed.
18 The Secretary will read.
19 THE SECRETARY: Senator Stafford,
20 from the Committee on Finance, reports the
21 following nomination:
22 Commissioner of the Interstate
23 Sanitation Commission, Gerard Kassar, of
8930
1 Brooklyn.
2 ACTING PRESIDENT KUHL: The
3 question is on the nomination. All those in
4 favor signify by saying aye.
5 (Response of "Aye".)
6 Opposed, nay.
7 (There was no response.)
8 The nominee is confirmed.
9 The Secretary will read.
10 THE SECRETARY: Senator Stafford,
11 from the Committee on Finance, reports the
12 following nomination:
13 Director of the New York State
14 Environmental Facilities Development, Frederick
15 G. Field, of Newtonville.
16 ACTING PRESIDENT KUHL: The
17 question is on the nomination. All those in
18 favor signify by saying aye.
19 (Response of "Aye".)
20 Opposed, nay.
21 (There was no response.)
22 The nominee is confirmed.
23 The Secretary will read.
8931
1 THE SECRETARY: Senator Stafford,
2 from the Committee on Finance, reports the
3 following nominations:
4 Members of the New York State
5 Hospital Review and Planning Council, Vincent
6 Bove of Belle Terre; Lin H. Mo, of Bronxville
7 and Richard Rahill of Corning.
8 ACTING PRESIDENT KUHL: The
9 question is on the nominations. All those in
10 favor -
11 SENATOR LAVALLE: Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 LaValle, on the nomination.
14 SENATOR LAVALLE: Mr. President,
15 I rise to speak on behalf of the nomination of
16 Vincent Bove, who is currently the mayor of the
17 village of Belle Terre. He's a personal friend
18 and neighbor, a person who serves on our local
19 hospital board at Mather Memorial Hospital and
20 also commissioner on the Suffolk County Board of
21 Health.
22 The Governor in selecting Mr.
23 Bove for this position really has selected
8932
1 someone who has not only business experience but
2 also experience in the area which he must deal
3 with, and that is health care.
4 ACTING PRESIDENT KUHL: Any other
5 Senator wishing to speak on the nominations?
6 (There was no response.)
7 Hearing none, the question is on
8 the nominations. All those in favor signify by
9 saying aye.
10 (Response of "Aye".)
11 Opposed, nay.
12 (There was no response.)
13 The nominees are confirmed.
14 The Secretary will continue to
15 read.
16 THE SECRETARY: Senator Stafford,
17 from the Committee on Finance, reports the
18 following nomination:
19 Member of the state Council on
20 the Arts, Linda E. Mondello, of Levittown.
21 ACTING PRESIDENT KUHL: The
22 question is on the nomination. All those in
23 favor signify by saying aye.
8933
1 (Response of "Aye".)
2 Opposed, nay.
3 (There was no response.)
4 The nominee is confirmed.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 if we could just stand at ease for a moment.
8 ACTING PRESIDENT KUHL: The
9 Senate will stand at ease for a few moments.
10 (Whereupon, the Senate stood at
11 ease momentarily.)
12 SENATOR SKELOS: Mr. President.
13 ACTING PRESIDENT KUHL: Senator
14 Skelos.
15 SENATOR SKELOS: Is there any
16 housekeeping?
17 ACTING PRESIDENT KUHL: We have a
18 couple of motions. We'll return to the order of
19 motions and resolutions.
20 The Chair recognizes Senator
21 Seward.
22 SENATOR SEWARD: Yes, Mr.
23 President. I wish to call up Senator
8934
1 DeFrancisco's bill, Print Number 6053-A,
2 recalled from the Assembly which is now at the
3 desk.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 1551, by Senator DeFrancisco, Senate Print
8 6053-A, an act to amend the Public Health Law.
9 ACTING PRESIDENT KUHL: Senator
10 Seward.
11 SENATOR SEWARD: Mr. President, I
12 now move to reconsider the vote by which this
13 bill was passed.
14 ACTING PRESIDENT KUHL: The
15 Secretary will call the roll on reconsideration.
16 (The Secretary called the roll on
17 reconsideration.)
18 THE SECRETARY: Ayes 52.
19 ACTING PRESIDENT KUHL: Senator
20 Seward.
21 SENATOR SEWARD: Yes, Mr.
22 President. I now offer the following
23 amendments.
8935
1 ACTING PRESIDENT KUHL: The
2 amendments are received and adopted.
3 Senator Seward.
4 SENATOR SEWARD: Yes. On behalf
5 of Senator Cook, I wish to call up his bill,
6 Print Number 7206-A, recalled from the Assembly
7 which is now at the desk.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 1262, by Senator Cook, Senate Print 7206-A, an
12 act to create the Wallkill Public Library
13 District.
14 SENATOR SEWARD: Mr. President, I
15 now move to reconsider the vote by which this
16 bill was passed.
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 52.
22 SENATOR SEWARD: Mr. President, I
23 now offer the following amendments.
8936
1 ACTING PRESIDENT KUHL: The
2 amendments are received and adopted.
3 The Chair recognizes Senator
4 Bruno.
5 SENATOR BRUNO: Mr. President,
6 can we at this time take up Calendar Number
7 1680.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the title.
10 THE SECRETARY: Calendar Number
11 1680, by Senator Bruno, Senate Print 7884, an
12 act to amend the Environmental Conservation Law.
13 ACTING PRESIDENT KUHL: Senator
14 Bruno.
15 SENATOR BRUNO: Mr. President, is
16 there a message at the desk?
17 ACTING PRESIDENT KUHL: There is.
18 SENATOR BRUNO: I move that we
19 accept the message.
20 ACTING PRESIDENT KUHL: The
21 motion is to accept the message of necessity on
22 Calendar Number 1680. All those in favor
23 signify by saying aye.
8937
1 (Response of "Aye".)
2 Opposed, nay.
3 (There was no response.)
4 The message is accepted.
5 The Chair recognizes Senator
6 Bruno.
7 SENATOR BRUNO: Mr. President, by
8 way of a word or two on this legislation, I
9 stand really to commend many of the people that
10 have been involved in helping us get to passage
11 of this truly landmark legislation, and there
12 were a lot of people involved.
13 The bottom line, the result will
14 be that good things will happen to people in
15 this state, women, children, families, many of
16 whom have suffered throughout the years with
17 breast cancer, the anguish, the pain, the
18 suffering that relates. It's one of the most
19 serious illnesses that can befall a woman or an
20 individual in this state.
21 What we're doing here today
22 really moves us forward in a bipartisan way to
23 find the causes of breast cancer in this state,
8938
1 create a registry for pesticides that are used
2 in this state, to isolate the information, make
3 it available in taking a medical, scientific
4 approach to research and hopefully leading to a
5 cure, a checkoff system that will allow people
6 to donate to the research in reaching a cure
7 towards breast cancer.
8 Things like this take the
9 cooperation of a lot of people, and I want to
10 just thank the Speaker for his leadership in
11 that house, our chair of the Conference
12 Committee, Senator Dean Skelos and the members,
13 Senator Marcellino, Senator Kuhl and Senator
14 Tully, Senator Tully who had the original
15 legislation on this issue and the members in the
16 Assembly that worked diligently to get us the
17 passage of this important legislation.
18 A special word of thanks to Geri
19 Barish who worked so hard with the One in Nine
20 group, that helped recognize how important this
21 issue was, and it's gone on. Her persistence,
22 her dedication, her commitment is something that
23 deserves the praise of all people involved in
8939
1 any issue that they want to see resolved.
2 Also the Farm Bureau who had to
3 take a step back through John Lincoln, their
4 president, Rick Zimmerman, their representative,
5 who worked with us in a cooperative way, worked
6 with everyone.
7 Senator Al D'Amato has been
8 working on this issue for the last seven or
9 eight years keeping it in the forefront, helping
10 pull the sides together and when we separated,
11 helping us get back together.
12 So I really -- staffwise, we have
13 Tim Collins here who had stayed with this many
14 nights, many weekends when we talked, and Tim
15 Collins was ably assisted by Pam Davis and by
16 Bob Kent, and while many of us were doing a lot
17 of other things, they were staying with this
18 issue, working with all the parties, making sure
19 that the detail was taken care of.
20 So I thank everyone that's been
21 involved in helping us all take a major, a giant
22 step forward in helping us determine the causes
23 of breast cancer and other cancers in this state
8940
1 and prayerfully and hopefully working us towards
2 a cure.
3 Thank you, Mr. President.
4 ACTING PRESIDENT KUHL: Senator
5 Skelos.
6 SENATOR SKELOS: Mr. President,
7 on the bill. This accord demonstrates that the
8 reform process established by and recommended by
9 Senator Bruno last year really does work.
10 Open government with public
11 involvement from groups like One in Nine and so
12 many of the survivor groups that are there and
13 advocates, we thank you for your great work, the
14 Farm Bureau, really has proven that together we
15 can reach bipartisan accords in the state
16 Legislature.
17 We can now allow scientists to go
18 about finding a cure for breast cancer, a
19 disease which has devastated so many families
20 throughout the state of New York.
21 You know, many people spent many
22 hours to reach this accord, one that will
23 establish the most comprehensive investigation
8941
1 into breast cancer in the history of the state
2 of New York.
3 This final product will help
4 scientists seek out the cause and hopefully the
5 cure for this insidious disease.
6 ACTING PRESIDENT KUHL: Senator
7 Oppenheimer.
8 SENATOR OPPENHEIMER: Well, I -
9 I am very, very thrilled to see this bill before
10 us.
11 As most of you know, as a breast
12 cancer survivor, this is the bill that I was
13 hoping for. This is the bill that the farmers
14 have agreed to and I am so, so pleased that they
15 understand how much this means to not just women
16 but also to the husbands and the friends of the
17 women and the men themselves because this -
18 this is not just a breast cancer issue. This is
19 an issue of a variety of illnesses and birth
20 defects, and I am just -- just very, very
21 pleased that occasionally we all come together
22 and we do the right thing and each of us, all of
23 us are going to benefit from this bill.
8942
1 So I thank you, Senator Bruno,
2 and I thank the work that has been done to bring
3 the two sides together.
4 ACTING PRESIDENT KUHL: Senator
5 Waldon.
6 SENATOR WALDON: Thank you very
7 much, Mr. President.
8 It is times like this and bills
9 like this which cause people to say that perhaps
10 this was one of the finest hours of the New York
11 State Senate. So I applaud Senator Bruno and
12 Speaker Silver and all those persons who had
13 something to do with bringing this to fruition.
14 When I was a young police officer
15 working in Spanish Harlem, I received a call
16 from my mother's doctor asking for authorization
17 to use cobalt, and that was a hell of a day, and
18 so I applaud this work because this is good
19 work. This is a day that the sun shines on the
20 Senate and all of us can smile, understanding
21 that what we've done and what this means is
22 sustaining the life and making people -
23 allowing people to hold onto those they love for
8943
1 a little longer.
2 Thank you.
3 ACTING PRESIDENT KUHL: Senator
4 Marcellino.
5 SENATOR MARCELLINO: Thank you,
6 Mr. President.
7 Well, we've certainly come a long
8 way, as my colleagues have said. Everyone
9 involved deserves a great deal of credit:
10 Senator Bruno, for his leadership, Senator -
11 Assemblyman Silver, for his leadership in the
12 other house, my colleagues in the Senate, my
13 colleagues on the Conference Committee who
14 worked so hard, the diligent staff that worked
15 the many hours to put it together, the advocacy
16 groups, One in Nine, good friends, everyone who
17 gave of their time, their effort, to come
18 together, especially also not to forget the
19 members of the Farm Bureau, especially the
20 representatives on Long Island who came together
21 and gave of their time to put together a
22 compromise, a piece of legislation that will
23 work and can work and I consider to be the
8944
1 crowning piece of legislation that has come out
2 of this chamber this session.
3 I will proudly vote aye on this
4 bill.
5 ACTING PRESIDENT KUHL: Senator
6 Rath.
7 SENATOR RATH: Thank you, Mr.
8 President.
9 I rise to congratulate the
10 leadership in the Senate and in the Assembly and
11 to congratulate Senator Marcellino on a good job
12 well done and Senator Tully for early
13 leadership.
14 Last year when I went home from
15 session, there were three items that were on my
16 agenda. I won't tell you what the other two
17 are, but they haven't been completed this year.
18 This was one of the items that I said has to be
19 done next year. Hopefully a year from now I can
20 stand before you and tell you what the other two
21 are and they will have been completed, but I
22 don't think quite so soon.
23 To have imagined that this one
8945
1 would have come this well, this quickly is
2 almost beyond belief. It means that a lot of
3 people had a lot of commitment to move it.
4 When the bill was drawn up, the
5 question was asked, Is there a message of
6 necessity at the desk? I think the message is
7 clear to everyone in New York State. This bill
8 was a necessity. This bill is a necessity.
9 To Geri Barish and the advocates,
10 congratulations. You have set a very high
11 standard for advocates as they move forward to
12 realize how important their work is. It was
13 tough. There were dark days. You didn't give
14 up. You got the bill, and that can be a message
15 to people who are caught up in many areas of
16 advocacy with this and other legislatures.
17 And so congratulations goes all
18 around but congratulations to the people of the
19 state of New York, the men, women and children
20 who will live longer, happier lives and the old
21 saying really, really holds true on this one,
22 Here, an ounce of prevention is going to be
23 worth many, many pounds of cure.
8946
1 ACTING PRESIDENT KUHL: Senator
2 Tully.
3 SENATOR TULLY: Thank you, Mr.
4 President.
5 In the interest of brevity, I
6 would ask that the record reflect and
7 incorporate into my remarks the names of all of
8 those persons mentioned by Senator Bruno for
9 congratulations and for thanks for what they've
10 done to generate this particular piece of
11 legislation.
12 Without a doubt, it could not
13 have been before us today if it were not for the
14 singular efforts of our leader, Senator Bruno,
15 whose zeal and tireless efforts led to this
16 conclusion, and I know that all of those who are
17 survivors of this dreaded disease and all of our
18 wives and sisters and daughters in this state
19 will be forever grateful for this progressive
20 step in legislation that's most meaningful.
21 ACTING PRESIDENT KUHL: Senator
22 Leichter.
23 SENATOR LEICHTER: Mr. President,
8947
1 there are really two achievements that are
2 represented by this bill. One of them is that I
3 think in a very productive, a very effective and
4 a realistic way we have dealt with what I think
5 all of us wanted to do, which is to advance the
6 fight against breast cancer and other ailments
7 and to set up an effective database that would
8 enable important medical and scientific research
9 to proceed, but the second thing we've done is
10 that we've shown that even in the highly charged
11 political atmosphere of Albany, that problems
12 that seem intractable because of the partisan
13 nature can be resolved when people of good will
14 get together and when we put some of the
15 politics aside.
16 I had the honor of being
17 appointed by Senator Connor to the Conference
18 Committee, and I must say I found it a very
19 beneficial experience, and I want to thank all
20 of the members who served with me.
21 I particularly want to pay
22 tribute at this time to Senator Tully and
23 Assemblymember Englebright, not to say that
8948
1 there aren't others who have been part of this
2 fight, but for many years they really made it
3 their point to see that the Legislature
4 addressed this problem, and I think that really
5 ought to be recognized, but I just want to share
6 with you just some observations on the
7 Conference Committee.
8 I can't say in all honesty that
9 this Conference Committee worked the way one
10 envisions Conference Committees to work where a
11 real exchange of viewpoints and efforts and
12 solution among the members itself -- not to mean
13 that the members didn't work or that there
14 wasn't some effort at this -- at this
15 interchange. A lot of the work really was done
16 by the staff and somebody can say, Well, I mean,
17 is this any different than what you guys did
18 before, you know? The Majority leader's staff
19 and the Speaker's staff, they'd get together and
20 sometimes work out things, but I think that the
21 Conference Committee was really the forum and in
22 some ways the -- the initiative or the stimulus
23 to an agreement being reached, and I think that
8949
1 the agreement that was reached, as I said before
2 -- and I think it deserves to be repeated -- it
3 shows that people of good will can come out with
4 good, sound resolutions to problems that we all
5 recognize exist, and that I think the public
6 looks to us to show the maturity, to show the
7 leadership and the wisdom to try to resolve, and
8 I think we certainly did that in this particular
9 instance.
10 I'm very pleased that we have
11 this bill before us and maybe it harbors other
12 good things and other resolutions that may come
13 this session on other so-called intractable
14 problems.
15 ACTING PRESIDENT KUHL: Senator
16 Mendez, on the bill.
17 SENATOR MENDEZ: Mr. President,
18 indeed, today is a great day for all cancer
19 survivors in the state of New York and for the
20 future of many, many women who will undoubtedly
21 -- will be suffering from this disease that at
22 this point in time, the issue containing this
23 bill to what an extent, pesticides, are
8950
1 responsible for higher incidence of breast
2 cancer in certain areas of the state that will
3 be answered.
4 I really, with great gratitude in
5 my heart, congratulate the leadership of Senator
6 Bruno, Senator Tully that has been involved in
7 this area for awhile, and all these group of
8 individuals here, both in the Senate and in the
9 -- in the Assembly that made this very
10 comprehensive bill a reality, and one thing
11 about the bill that is very dear to my heart is
12 that the women and the people of the state of
13 New York will be able to benefit from the best
14 scientific minds after -- in researching this
15 issue and that a very truly ample database will
16 be furnished.
17 I'm also glad, Mr. President,
18 that the farmers do not have any liabilities as
19 it relates to their groundwater.
20 So it's a very comprehensive
21 bill. All the different interested parties were
22 able to come to an agreement for the benefit of
23 the women and the people of the state of New
8951
1 York, and we are all very thankful for that.
2 Thank you.
3 ACTING PRESIDENT KUHL: Senator
4 Dollinger.
5 SENATOR DOLLINGER: Thank you,
6 Mr. President.
7 I'll be brief. I know there are
8 lots of congratulations that should be passed
9 around. I'll just single out my colleague,
10 Senator Tully, for a long-term perseverance on
11 this particular issue.
12 I speak today as a representative
13 of one of the five counties that has the highest
14 rates of breast cancer, but I would just like to
15 share with you a personal observation. The
16 father of a 14-year-old girl that just graduated
17 from grammar school could never imagine that she
18 would ever have breast cancer but as her father,
19 I worried that some day it might happen.
20 What I take from all of this and
21 the accomplishments of many who deserve thanks
22 is that, because of what we do today, it will be
23 a little less likely ever to happen, and to all
8952
1 of you from her father, I thank you.
2 ACTING PRESIDENT KUHL: Senator
3 Alesi.
4 SENATOR ALESI: Thank you, Mr.
5 President.
6 As one who also represents Monroe
7 County which has a very high instance of this
8 terrible disease, I rise in complete support of
9 this measure.
10 It's particularly important to me
11 in the last couple of months since in that short
12 period of time, an immediate member of my family
13 has been stricken by this terrible disease and
14 someone else who's very close to me, and as a
15 man, perhaps I cannot understand the full impact
16 of breast cancer, but as someone who is so close
17 to two people who are stricken with breast
18 cancer, I can do no more but join with my
19 colleagues here in the hopes that this
20 legislation, which is the product of tremendous
21 insight and cooperation by our Leader here, the
22 leader in the other house, by our colleagues,
23 that this legislation will some time some day
8953
1 provide us with the information that certainly
2 will not bring about a cure for the two people
3 that are so close to me but perhaps some day,
4 provide us with some kind of preventative method
5 that will give hope to those people who might
6 otherwise be stricken.
7 On that basis in offering those
8 comments, I thank everyone involved in putting
9 this compromise piece of legislation together,
10 and I fully support the legislation.
11 ACTING PRESIDENT KUHL: Senator
12 Hoffmann.
13 SENATOR HOFFMANN: Thank you, Mr.
14 President.
15 I'm pleased also to add my
16 support and congratulations to those who were
17 involved in the negotiation of this very arduous
18 piece of legislation. There have been fewer
19 issues that have raised more emotional concern
20 around this Capitol over the last two years than
21 the pesticide notification bill.
22 But my perspective may be
23 somewhat different from a few of my colleagues
8954
1 in this chamber today because I cannot help but
2 feel a twinge of sadness that it took us this
3 long and it took the unique Conference Committee
4 operation which has only recently been in place
5 in this Legislature to devise what is an
6 eminently common sense solution to a problem
7 that brought several very divergent groups
8 together with a mutual concern.
9 I am the ranking Minority member
10 on the Senate Agricultural Committee. I'm also
11 one of only two working farmers in the New York
12 State Senate. So perhaps I'm a little bit more
13 sensitive to the issue that is raised by farmers
14 on this concern.
15 I'm also, quite obviously, a
16 woman who is at risk as is every other woman in
17 this state to a disease that we all hope we can
18 get a handle on, whether it's through
19 documenting pesticide use or through other
20 medical research or a combination of all of the
21 above, and I'm in a unique high risk category.
22 I've lost a mother and a sister and a
23 mother-in-law to breast cancer.
8955
1 So I feel very, very strongly
2 about the need for us to do anything in our
3 power to track any conceivable substance that
4 could be a contributing factor to breast cancer
5 or any other form of cancer.
6 However, throughout the debate on
7 this issue around this Capitol, I have been
8 saddened to see the lack of understanding by so
9 many people in the Legislature and so many of
10 the environmental and -- environmental groups
11 and the breast cancer organizations themselves
12 about the actual imposition of record keeping
13 problems, record keeping responsibilities on
14 farmers and how this was an onerous burden
15 wholly out of place for that industry and one
16 which would have very limited benefit to the
17 general public because clearly there are better
18 ways that the information could be tracked than
19 by forcing farmers into yet another onerous
20 burden that is not inflicted on any other
21 industry and very, very important to remember, a
22 burden inflicted only on farmers in New York
23 State, and I must remind my colleagues again
8956
1 that agriculture is our number one industry in
2 this state, and when we are addressing an issue
3 that will create a business burden on our number
4 one industry of this state, we must be sensitive
5 to the issues raised by that industry.
6 Farmers never opposed a pesticide
7 notification concept. They merely opposed being
8 selectively targeted for record keeping not
9 demanded of any other industry in New York State
10 and not demanded of farmers on a national level,
11 and what is wrong with that position?
12 Today we have before us a
13 proposal that recognizes the concerns of
14 farmers.
15 Let me read briefly, because it
16 is very brief, the statement by Farm Bureau, and
17 I thank the representatives of the Farm Bureau,
18 Mr. Zimmerman and Mr. Hooker, who are with us
19 today for condensing into the shortest possible
20 language, a very valid sentiment that we should
21 remember, not only today but in the future, and
22 it says: "Farm Bureau trusts that this
23 legislation will provide the public with the
8957
1 same confidence we have, that the judicious use
2 of agricultural crop protectants are not a
3 threat to human health. We believe that this
4 legislation addresses the practical concerns
5 raised by the agricultural industry."
6 The practical concerns raised by
7 the agricultural industry should be a matter of
8 paramount concern to this Senate, to the
9 Assembly and to the administration of the state
10 of New York. I hope that in the future when an
11 issue which divides environmentalists and
12 agriculturalists occurs, that we will have a
13 more sympathetic approach where the issues of
14 farmers are raised, not the arrogance, not the
15 dismissive attitude that has been all too
16 prevalent in discussing the issue of pesticide
17 notification.
18 So let us take this as an
19 important lesson and make sure that in the
20 future we do not come to loggerheads, we do not
21 experience the name calling and the distortions
22 that we experienced on pesticide notification
23 and we do not take years to come up with a
8958
1 common sense solution which should have been
2 available to us virtually months or years ago.
3 ACTING PRESIDENT KUHL: Senator
4 Johnson.
5 SENATOR JOHNSON: Mr. President,
6 this issue has been growing. The breast cancer
7 issue has been growing in magnitude year by
8 year.
9 In my district, I've worked very
10 closely with some people who formed their own
11 coalitions in West Islip and in town of Babylon
12 in the county of Suffolk. I'd like to mention
13 some of their names because they helped to put a
14 lot of pressure behind this bill: Lorraine
15 Pace, Virginia Regnante, Joan Hudson, Suffolk
16 County Division of Women's Service and Diane
17 Nannery, the young lady whose picture was in the
18 paper recently that got a breast cancer stamp
19 issued by the post office, been very active in
20 my area.
21 I took a personal interest in
22 several aspects of this myself which I'm pleased
23 to see are incorporated here. The tax checkoff
8959
1 for donation which would help to provide funding
2 for the programs we want to do and, of course,
3 which I believe is Senator Bruno's biggest
4 contribution, the Health Science -- Research
5 Science Board which essentially says, Let's get
6 the information together but let's use that
7 information for some purpose.
8 And, of course, I can't say
9 enough about Senator Tully who brought the
10 concept first to the floor in the form of
11 legislation, Senator Skelos, all the other
12 legislators mentioned on this bill whose names
13 are on here and even those whose names are not
14 here and the other party certainly deserves a
15 lot of credit for working together cooperatively
16 to bring about this which I feel is a great
17 advance in breast cancer research that will
18 inure to the benefit of our families and our
19 friends hopefully in the future, and I'm very
20 proud to say that Senator Bruno put extra effort
21 into this knowing how important it was, and I
22 think it was his -- his pushing and his cajoling
23 and his encouraging that got all the parties to
8960
1 really work together cooperatively,. It's a
2 wonderful bill and I encourage everyone, of
3 course, to support it.
4 ACTING PRESIDENT KUHL: Is there
5 any other Senator wishing to speak on the bill?
6 (There was no response.)
7 Hearing none, the Secretary will
8 read the last section.
9 THE SECRETARY: Section 8. This
10 act shall take effect in 90 days.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 54.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 SENATOR LIBOUS: Mr. President.
18 ACTING PRESIDENT KUHL: Senator
19 Libous, why do you rise?
20 SENATOR LIBOUS: Some
21 housekeeping.
22 ACTING PRESIDENT KUHL: We'll
23 return to the order of motions and resolutions.
8961
1 The Chair recognizes Senator
2 Libous.
3 SENATOR LIBOUS: Thank you, Mr.
4 President.
5 On behalf of Senator Kuhl, I wish
6 to call up his bill, Print Number 7294, recalled
7 from the Assembly which is now at the desk.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read.
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: Senator
14 Libous.
15 SENATOR LIBOUS: Mr. President, I
16 now move to reconsider the vote by which this
17 bill was passed.
18 ACTING PRESIDENT KUHL: The
19 Secretary will call the roll on reconsideration.
20 (The Secretary called the roll on
21 reconsideration.)
22 THE SECRETARY: Ayes 54.
23 ACTING PRESIDENT KUHL: Senator
8962
1 Libous.
2 SENATOR LIBOUS: Mr. President, I
3 offer up the following amendments.
4 ACTING PRESIDENT KUHL: The
5 amendments are received and adopted.
6 Senator Mendez, why do you rise?
7 SENATOR MENDEZ: Mr. President, I
8 want to announce that there will be a Minority
9 Conference in Room 314. It's a closed
10 conference, a closed Minority Conference, Room
11 314, right after session.
12 ACTING PRESIDENT KUHL:
13 Immediately following session, there will be a
14 Minority Conference in Room 314, a closed
15 Minority Conference in Room 314, immediately
16 following session.
17 SENATOR BRUNO: Mr. President, is
18 there any other housekeeping at the desk?
19 ACTING PRESIDENT KUHL: There is
20 none, sir.
21 SENATOR BRUNO: Then, Mr.
22 President, there being no further business to
23 come before the Senate, I would move that we
8963
1 stand adjourned until this coming Sunday at 7:00
2 p.m., intervening days to be legislative days,
3 and the 7:00 p.m. call being subject to the call
4 of the Majority Leader if there is business to
5 be done by the Senate before Sunday at 7:00 p.m.
6 Thank you, Mr. President.
7 ACTING PRESIDENT KUHL: Without
8 objection, the Senate will stand adjourned until
9 this following Sunday at 7:00 p.m. However,
10 you'll be subject to the call of the Majority
11 Leader between now and then, all intervening
12 days to be legislative days.
13 (Whereupon, at 2:37 p.m., the
14 Senate adjourned.)
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