Regular Session - February 3, 1997

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        8                        ALBANY, NEW YORK

        9                        February 3, 1997

       10                            3:07 p.m.

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       13                         REGULAR SESSION

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       17        LT. GOVERNOR BETSY McCAUGHEY ROSS, President

       18        STEPHEN F. SLOAN, Secretary

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        1                       P R O C E E D I N G S

        2                       THE PRESIDENT:  The Senate will

        3        come to order.  Would you please rise and join

        4        with me in repeating the Pledge of Allegiance.

        5                       (The assemblage repeated the

        6        Pledge of Allegiance to the Flag.)

        7                       The invocation today will be

        8        given by the Reverend Peter G. Young from the

        9        Blessed Sacrament Church in Bolton Landing.

       10                       Reverend Young.

       11                       REVEREND PETER G. YOUNG:  Let us

       12        pray.  Father of the poor, God of love, You

       13        made us all Your people.  We praise and we

       14        thank You.  Fill us with a sense of justice.

       15        Help us in Your work to take the side of the

       16        lonely, to defend the newcomer, to welcome the

       17        stranger.  Help us now to befriend the

       18        friendless, protect the weak and work for the

       19        rights for all.  On our journey home, bring us

       20        together in peace and in justice and in love.

       21        Amen.

       22                       THE PRESIDENT:  Amen.

       23                       The reading of the Journal,

       24        please.

       25                       THE SECRETARY:  In Senate,







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        1        Sunday, February 2nd.  The Senate met pursuant

        2        to adjournment.  The Journal of Saturday,

        3        February 1, was read and approved.  On motion,

        4        the Senate adjourned.

        5                       THE PRESIDENT:  Without

        6        objection, the Journal stands approved as read.

        7                       Presentation of petitions.

        8                       Messages from the Assembly.

        9                       Messages from the Governor.

       10                       Report of standing committees.

       11                       Report of select committees.

       12                       The Secretary will read.

       13                       THE SECRETARY:  Senator Velella,

       14        from the Committee on Insurance, reports the

       15        following bills:  Senate Print 17, by Senator

       16        Velella, an act to amend the Insurance Law, in

       17        relation to the reduction of homeowners

       18        insurance rates;

       19                       19, by Senator Velella, an act

       20        to amend the Insurance Law, in relation to

       21        increasing the line on the amount of credit

       22        life insurance;

       23                       114, by Senator DeFrancisco, an

       24        act to amend the Insurance Law, in relation to

       25        the premium or compensation for giving bail







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        1        bond; and

        2                       133, by Senator Velella, an act

        3        to amend the Insurance Law, in relation to

        4        expanding other expenses.

        5                       All bills ordered directly for

        6        third reading.

        7                       THE PRESIDENT:  All bills direct

        8        to third reading.

        9                       Communications and reports from

       10        state officers.

       11                       Motions and resolutions.

       12                       Senator Bruno.

       13                       SENATOR BRUNO:  Madam President,

       14        I believe there is a privileged resolution at

       15        the desk.  I would ask that it be read in its

       16        entirety and move for its immediate adoption.

       17                       THE PRESIDENT:  The Secretary

       18        will read.

       19                       THE SECRETARY:  By Senator

       20        Bruno, Legislative Resolution congratulating

       21        the Troy High School football team and Coach

       22        Jack Burger upon the occasion of capturing the

       23        New York State Class A championship.

       24                       WHEREAS, excellence and success

       25        in competitive sports can be achieved only







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        1        through strenuous practice, team play and team

        2        spirit, nurtured by dedicated coaching and

        3        strategic planning; and

        4                       WHEREAS, athletic competition

        5        enhances the moral and physical development of

        6        the young people of this state, preparing them

        7        for the future by instilling in them the value

        8        of teamwork, encouraging a standard of healthy

        9        living, imparting a desire for success and

       10        developing a sense of fair play and

       11        competition; and

       12                       WHEREAS, the Troy High School

       13        football team are the New York State Class A

       14        Champions.  The Flying Horses defeated

       15        Whitesboro High School 27-13 at the Carrier

       16        Dome in Syracuse, New York on Sunday, December

       17        1, 1996; and

       18                       WHEREAS, the athletic talent

       19        displayed by this team is due in great part to

       20        the efforts of Coach Jack Burger, a skilled and

       21        inspirational tutor, respected for his ability

       22        to develop potential into excellence.

       23                       The team's overall record, 11

       24        and 2, is outstanding, and the team members

       25        were loyally and enthusiastically supported by







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        1        family, friends, fans and the community at

        2        large.

        3                       The hallmarks of the Troy High

        4        School football team, from the opening game of

        5        the season to participation in the

        6        championship, were a brotherhood of athletic

        7        ability, of good sportsmanship, of honor and of

        8        scholarship, demonstrating that these team

        9        players are second to none.

       10                       Athletically and academically,

       11        the team members have proven themselves to be

       12        of unbeatable combination of talent, reflecting

       13        favorably on their school; and

       14                       WHEREAS, Coach Jack Burger has

       15        done a superb job in guiding, molding and

       16        inspiring the team members toward their goals.

       17                       Sports competition instills the

       18        values of teamwork, pride and accomplishment,

       19        and Coach Jack Burger and his 40 outstanding

       20        athletes have clearly made a contribution to

       21        the spirit of excellence which is a tradition

       22        of their school; now, therefore, be it

       23                       RESOLVED, that this legislative

       24        body pause in its deliberations to congratulate

       25        the Troy High School football team and its







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        1        members, D. Senior, D. Marble, B. Reo, T.

        2        Renga, J. Canfield, R. Peterson, J. Mawad, J.

        3        Halse, J. Kirkman, G. Osganian, G. Getbehead,

        4        M. Hurteau, L. Senior, K. Carley, C. Breen, T.

        5        DeWolfe, G. Halse, M. Gaunay, T. Ward, B.

        6        Bocketti, J. Casale, A. Dipietro, G. Remarchuk,

        7        P. Naimo, A. Lord, E. Rouleau, K. Graber, A.

        8        Kirkman, M. Stockwell, B. Martone, N. Romeo, D.

        9        Testo, K. Mitchell, M. Fosmire, A. Harbour, E.

       10        Muellecker, M. Gutierrez, J. Tedesco, M.

       11        Milanese, L. Battiste; Coach Jack Burger and

       12        Assistant Coaches Jeff Sitterly, Jim Canfield,

       13        Mark Galuski, Bill Mitchell and Charles Walker,

       14        on their outstanding season and overall team

       15        record; and, therefore, be it

       16                       RESOLVED, that copies of this

       17        resolution, suitably engrossed, be transmitted

       18        to Donald Hepp, Superintendent; Armand Reo,

       19        Principal; James Bongo, Athletic Director; Jack

       20        Burger, Head Coach and to the members of the

       21        Troy High School football team.

       22                       THE PRESIDENT:  Senator Bruno.

       23                       SENATOR BRUNO:  Madam President,

       24        thank you very much.

       25                       I am extremely pleased to







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        1        welcome the Troy High football team to this

        2        chamber.  They are the Class A Champions of New

        3        York State in the football season ending in

        4        '96.  So I am proud of them as constituents,

        5        as athletes and as young citizens who know what

        6        it is to compete and to excel.

        7                       Congratulations to you and to

        8        Coach Jack Burger -- I think Jack is here -

        9        and to the administrators -- there's Jack -

       10        and they, in Syracuse, defeated Whitesboro 27

       11        to 13 in what was their "Super Bowl".  So they

       12        are our -- the point spread -- they are our

       13        "Super Bowl".  That was their "Super Bowl".

       14        They are our Green Bay Packers and they happen

       15        to be in the 43rd Senatorial District, so they

       16        make us very, very proud.

       17                       We're happy to have them here.

       18        We congratulate them, and you just keep up that

       19        good work as you go on with all of the things

       20        that you do in your lives.

       21                       Congratulations and thank you

       22        for representing the 43rd in New York State

       23        with such, such distinction.

       24                       Thank you.

       25                       Thank you, Madam President.







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        1                       (Applause)

        2                       THE PRESIDENT:  Senator Cook.

        3                       SENATOR COOK:  Madam President,

        4        I just wanted to say that a member of my staff

        5        is a close relative of one of the members of

        6        the team.  We weren't able to suspend the rules

        7        so that she could come here and make the speech

        8        herself, but her pride is evident in having her

        9        son as a member of this distinguished team, and

       10        so in her behalf and in behalf of all of her

       11        co-workers, we want to express our admiration

       12        for your success as well.

       13                       THE PRESIDENT:  On the

       14        resolution, all in favor signify by saying

       15        aye.

       16                       (Response of "Aye".)

       17                       Opposed, nay.

       18                       (There was no response.)

       19                       The resolution is adopted.

       20                       There is another privileged

       21        resolution at the desk.

       22                       The Secretary will read.

       23                       THE SECRETARY:  By Senator

       24        Breslin, a Legislative Resolution

       25        congratulating the Watervliet High School







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        1        varsity football team and Coach Dan Reinfurt

        2        upon the occasion of capturing the New York

        3        State Class C Championship.

        4                       WHEREAS, excellence and success

        5        in competitive sports can be achieved only

        6        through strenuous practice, team play and team

        7        spirit, nurtured by dedicated coaching and

        8        strategic planning; and

        9                       WHEREAS, athletic competition

       10        enhances the moral and physical development of

       11        the young people of this state, preparing them

       12        for the future by instilling in them the value

       13        of teamwork, encouraging a standard of healthy

       14        living, imparting a desire for success and

       15        developing a sense of fair play and

       16        competition; and

       17                       WHEREAS, the Watervliet High

       18        School varsity football team are the New York

       19        State Class C Champions.  The Cannoneers

       20        defeated LeRoy 20 to 19 at the Carrier Dome in

       21        Syracuse, New York on Friday, November 29,

       22        1996; and

       23                       WHEREAS, additionally,

       24        quarterback Don Kehn was named New York State

       25        Class C Co-Player of the Year; Lou Horan, 1st







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        1        team all-state offensive tackle; Scott Heid,

        2        1st team wide receiver and Greg Krikorian, 2nd

        3        team running back; and

        4                       WHEREAS, the athletic talent

        5        displayed by this team is due, in part, to the

        6        efforts of Coach Dan Reinfurt, a skilled and

        7        inspirational tutor, respected for his ability

        8        to develop potential into excellence; and

        9                       WHEREAS, the team's overall

       10        perfect record, 13 and 0, is outstanding and

       11        the team members were loyally and

       12        enthusiastically supported by family, fans,

       13        friends and the community at large; and

       14                       WHEREAS, sports competition

       15        instills the values of teamwork, pride and

       16        accomplishment, and Coach Dan Reinfurt and his

       17        34 outstanding athletes have clearly made a

       18        contribution to the spirit of excellence which

       19        is a tradition of their school; now, therefore,

       20        be it

       21                       RESOLVED, that this legislative

       22        body pause in its deliberations to congratulate

       23        the Watervliet High School varsity football

       24        team, its members, Don Kehn, John Postulka,

       25        Bill VanPatten, Chris Lee, Scott Heid,







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        1        co-captain, Gary Simmons, co-captain, Dave

        2        DeCenzo, Tim Murphy, Bill Oliver, Greg

        3        Kirkorian, Dom Romano, Josh Green, Brian Hyra,

        4        Chad Carrozza, Brian Doyle, T.J. Testa,

        5        co-captain, Shane Sportman, Aaron Sorell,

        6        Jonathan Moffre, Brian Hoefer, Scott

        7        Houseworth, Tim Pelech, Pat Doyle, Dan Gorr,

        8        Robert Beston, Jeff Phillips, Mike Lee, Vince

        9        Bagnardi, Jeremy Smith, co-captain, Joe Ryan,

       10        Lou Horan, John Madison, John Daniele, Matt

       11        Rymanoski, Coach Dan Reinfurt, Offensive Coach

       12        Mike Manning and Defensive Coach Nick

       13        Fitzgerald, on their outstanding season and

       14        overall team record; and be it further

       15                       RESOLVED, that copies of this

       16        resolution, suitably engrossed, be transmitted

       17        to the Watervliet High School varsity football

       18        team and Coach Dan Reinfurt.

       19                       THE PRESIDENT:  Senator Breslin.

       20                       SENATOR BRESLIN:  Thank you.

       21                       I would like to take this

       22        opportunity to commend not only the wonderful

       23        players from Watervliet High School, but their

       24        coach, Coach Reinfurt and the entire city of

       25        Watervliet, which has a way of coming together







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        1        to support you as high school football players

        2        but it has a way of supporting the entire

        3        community as it has in the past when it's won

        4        other state championships and, as Senator Bruno

        5        so aptly stated for the Troy players, they won

        6        their "Super Bowl".  Well, you also won your

        7        "Super Bowl", and you can be commended by

        8        everyone in this chamber, the entire city of

        9        Watervliet, the entire county of Albany and the

       10        people of the state of New York.

       11                       We salute you.

       12                       THE PRESIDENT:  Thank you,

       13        Senator.

       14                       Senator Stachowski.

       15                       SENATOR STACHOWSKI:  I just

       16        wanted to rise to congratulate both teams, but

       17        also I'm going to leave this with a question.

       18                       I was wondering if the coach,

       19        maybe when he comes down, could tell me if Ed

       20        Reinfurt really gave him as much advice as he

       21        claims he did, particularly through the

       22        playoffs.  He said without his help, none of

       23        this would have been possible, and I just

       24        wanted to know if that was true or not.

       25                       THE PRESIDENT:  This resolution







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        1        was previously adopted.  Congratulations.

        2                       (Applause)

        3                       Senator Bruno.

        4                       SENATOR BRUNO:  Madam President,

        5        can we now move to the non-controversial

        6        calendar.

        7                       THE PRESIDENT:  The Secretary

        8        will read.

        9                       THE SECRETARY:  Calendar Number

       10        4, by Senator Levy, Senate Print 64, an act to

       11        amend the Criminal Procedure Law, in relation

       12        to providing that commission of the traffic

       13        infraction.

       14                       THE PRESIDENT:  Read the last

       15        section, please.

       16                       THE SECRETARY:  Section 2.  This

       17        act shall take effect on the first day of

       18        November.

       19                       THE PRESIDENT:  Call the roll.

       20                       (The Secretary called the roll.)

       21                       THE SECRETARY:  Ayes 59.

       22                       THE PRESIDENT:  The bill is

       23        passed.

       24                       THE SECRETARY:  Calendar Number

       25        16, by Senator Tully, Senate Print 184, an act







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        1        to amend the Vehicle and Traffic Law, in

        2        relation to revoking or prohibiting the

        3        issuance of a driver's license.

        4                       SENATOR PATERSON:  Lay it aside.

        5                       THE PRESIDENT:  Lay it aside,

        6        please.

        7                       THE SECRETARY:  Calendar Number

        8        18, by Senator Levy, Senate Print 203-A -

        9                       SENATOR BRUNO:  Lay it aside,

       10        please.

       11                       THE PRESIDENT:  Lay it aside,

       12        please.

       13                       THE SECRETARY:  Calendar Number

       14        31, by Senator LaValle, Senate Print 35, an act

       15        to amend the Education Law and the Public

       16        Officers Law, in relation to the Board of

       17        Regents.

       18                       SENATOR PATERSON:  Lay it aside.

       19                       THE PRESIDENT:  Lay it aside,

       20        please.

       21                       THE SECRETARY:  Calendar Number

       22        32, by Senator Holland, Senate Print 205 -

       23                       THE PRESIDENT:  Go ahead.  I'm

       24        sorry.

       25                       THE SECRETARY:  -- an act to







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        1        authorize the Salvation Army Eastern Territory

        2        School for Officers' Training to change its

        3        name to the Salvation Army Training College.

        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 59.

       11                       THE PRESIDENT:  The bill is

       12        passed.

       13                       THE SECRETARY:  Calendar Number

       14        37, by Senator Goodman, Senate Print 570, an

       15        act to amend the Administrative Code of the

       16        city of New York, in relation to the treatment

       17        of thrift reserves.

       18                       THE PRESIDENT:  Call the roll -

       19        oh, sorry.  Read the last section.

       20                       THE SECRETARY:  Section 4.  This

       21        act shall take effect immediately.

       22                       THE PRESIDENT:  Call the roll.

       23                       (The Secretary called the roll.)

       24                       THE SECRETARY:  Ayes 59.

       25                       THE PRESIDENT:  The bill is







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        1        passed.

        2                       THE SECRETARY:  Calendar Number

        3        46, by Senator DeFrancisco, Senate Print 485,

        4        an act to amend the Penal Law, in relation to

        5        the payment of reparation or restitution in

        6        certain cases.

        7                       THE PRESIDENT:  Read the last

        8        section, please.

        9                       THE SECRETARY:  Section 2.  This

       10        act shall take effect immediately.

       11                       THE PRESIDENT:  Call the roll.

       12                       (The Secretary called the roll.)

       13                       THE SECRETARY:  Ayes 59.

       14                       THE PRESIDENT:  The bill is

       15        passed.

       16                       THE SECRETARY:  Calendar Number

       17        59, by Senator Larkin, Senate Print 459, an act

       18        to amend the General Municipal Law, the State

       19        Finance Law and the Municipal Home Rule Law.

       20                       THE PRESIDENT:  Read the last

       21        section, please.

       22                       THE SECRETARY:  Section 4.  This

       23        act shall take effect on the 120th day.

       24                       THE PRESIDENT:  Call the roll.

       25                       (The Secretary called the roll.)







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        1                       THE SECRETARY:  Ayes 59.

        2                       THE PRESIDENT:  The bill is

        3        passed.

        4                       THE SECRETARY:  Calendar Number

        5        63, by Senator Present, Senate Print 528, an

        6        act to amend the General Municipal Law, in

        7        relation to municipal contingency.

        8                       THE PRESIDENT:  Read the last

        9        section, please.

       10                       THE SECRETARY:  Section 2.  This

       11        act shall take effect immediately.

       12                       THE PRESIDENT:  Call the roll.

       13                       (The Secretary called the roll.)

       14                       THE SECRETARY:  Ayes 59.

       15                       THE PRESIDENT:  The bill is

       16        passed.

       17                       THE SECRETARY:  Calendar Number

       18        65, by Senator Stafford, Senate Print 121, an

       19        act to amend the Environmental Conservation

       20        Law, in relation to non-hazardous municipal

       21        landfill closure.

       22                       THE PRESIDENT:  Read the last

       23        section, please.

       24                       THE SECRETARY:  Section 2.  This

       25        act shall take effect immediately.







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        1                       THE PRESIDENT:  Call the roll.

        2                       (The Secretary called the roll.)

        3                       THE SECRETARY:  Ayes 59.

        4                       THE PRESIDENT:  The bill is

        5        passed.

        6                       Senator Bruno, that completes

        7        the reading of the non-controversial calendar.

        8                       SENATOR SKELOS:  Madam

        9        President, at this time, if you could take up

       10        Calendar Number 18 by Senator Levy.

       11                       THE PRESIDENT:  The Secretary

       12        will read.

       13                       THE SECRETARY:  Calendar Number

       14        18, by Senator Levy, Senate Print 203-A, an act

       15        to amend the Highway Law, in relation to

       16        designating the Bethpage State Parkway as the

       17        Assemblyman Philip B. Healey Memorial Parkway.

       18                       SENATOR LEVY:  Madam President.

       19                       THE PRESIDENT:  Senator.

       20                       SENATOR LEVY:  Yes, thank you

       21        very much.

       22                       This is really a bittersweet

       23        occasion.  I'm pleased, and I know my

       24        colleagues are, that Phil Healey's wife, Geneva

       25        Healey, her daughter Laurette, her son Philip,







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        1        Jr. and his lovely wife Betsy, their children

        2        and that their son Ralph are with us this

        3        afternoon for the occasion of the Legislature's

        4        memorial and testimonial to our dear friend and

        5        colleague, Assemblyman Philip Healey, and for

        6        the passage of this bill, soon to be law,

        7        renaming the Bethpage State Parkway.

        8                       Phil Healey was my friend for

        9        more than 25 years.  He was my legislative

       10        partner since his Assembly District was located

       11        within my Senatorial District.  Phil always

       12        reversed it when we talked about it.

       13                       Phil Healey was a uniquely

       14        dedicated and successful legislator who

       15        literally moved heaven and earth and mountains

       16        to respond to his constituents' problems and/or

       17        concerns at any level of government.  He was a

       18        genuine legislator, and the children are

       19        saying, "Aye, aye."

       20                       There were few people that could

       21        say that they got the late Governor Nelson

       22        Rockefeller to say yes when he really wanted to

       23        say no.  Phil Healey was that legislator.

       24                       Back in the early 1970s, right

       25        after Phil had come to Albany, the Governor







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        1        rightfully wanted to eliminate the great

        2        crossings on the south shore of Long Island,

        3        and though Phil was for the eliminations, he

        4        was opposed to the way it was proposed for

        5        Massapequa Park, and I have to tell you that he

        6        held up the appropriation.  He held up the line

        7        item to get Governor Rockefeller to agree to an

        8        aesthetically pleasing and, believe me, one of

        9        its kind, low stonewall -- designer stonewall

       10        and granite wall with permanent landscaping

       11        above it, and that wall, one of its kind in

       12        this country and probably any place in the

       13        world, stretches the length of Massapequa Park,

       14        and the only way Phil -- the only way that Phil

       15        would go along with that elimination project

       16        moving forward is if Governor Rockefeller

       17        agreed to it.

       18                       There are countless other

       19        similar stories about Phil's special advocacy

       20        and his concern, but it is suffice to say, when

       21        Phil Healey wanted to achieve something for his

       22        constituents, he would go around you, he would

       23        go over you, he would go under you until he

       24        achieved what he started out to do.

       25                       Phil Healey was the ultimate







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        1        legislator, blending his warmth, his sense of

        2        humor, his ability and his tenacity to get the

        3        job done and to get the job done

        4        extraordinarily for more than 30 years, first

        5        as a town of Oyster Bay councilperson and then

        6        as a New York State Assemblyman.

        7                       Phil Healey was loved by the

        8        residents of his Assembly District who knew

        9        that he was genuinely committed to serving them

       10        and to the belief that government can and

       11        should be a positive force for helping and

       12        improving people's lives.

       13                       I'm so pleased that Geneva is

       14        with us this afternoon as we take up this

       15        special legislation and testimonial to Phil's

       16        legacy, his achievements and his

       17        accomplishments.

       18                       Phil was totally devoted to

       19        Geneva and their loving children and their

       20        family.  When we were at an event on a Saturday

       21        or Sunday, I would always ask him the same

       22        question, "What are you going to do this

       23        afternoon, Phil?" -- and I see Bob Woertz

       24        smiling -- and he would always look at me and

       25        he would say to me, "I'm going to spend it with







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        1        the family."  I know I speak for so many when I

        2        say that we miss Phil more than words can ever

        3        convey.

        4                       By designating the Bethpage

        5        State Parkway which accesses a jewel of the New

        6        York State park system and will be home to the

        7        first public course in the country ever to host

        8        the U.S. Open in the year 2000, we will be

        9        establishing a living memorial which will keep

       10        the memory of Phil Healey alive and provide an

       11        ongoing tribute to his accomplishments.

       12                       I know that Phil's looking down

       13        upon us today.  He is the speaker of the

       14        "chamber of angels" and I know, and certainly

       15        those of you who were his friends, you know

       16        he's trying to figure out how he can get the

       17        chapter for this bill.

       18                       ACTING PRESIDENT KUHL:  The

       19        Chair recognizes Senator Waldon on the bill.

       20                       SENATOR WALDON:  Thank you very

       21        much, Mr. President.

       22                       To the Healey family, I had the

       23        good fortune of meeting Phil when I arrived in

       24        the Assembly in 1983, and though I cannot speak

       25        as definitively as my colleague has, nor as I'm







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        1        sure Bob Woertz would if he were given this

        2        opportunity in this chamber, I can tell you

        3        that he was one of the good guys.

        4                       I loved Phil not only because of

        5        his sense of humor -- and he could really tell

        6        a story.  He was the raconteur's raconteur.  He

        7        had a kind of wit that was quick, that was

        8        sharp, and if you sometimes tried to be smarter

        9        than he he could cut you down to size, and in

       10        this kind of business, meaning politics, you

       11        admire and respect someone who can come back at

       12        you with a quick turn of a phrase.

       13                       But I had more fun with Phil

       14        than just telling jokes.  We played softball

       15        together, and those of you who knew him as the

       16        great athlete that he was, we had a lot of fun

       17        playing softball at that time against the

       18        Senate, and I want to tell you, Mrs. Healey,

       19        that when I was in the Assembly, the Senate

       20        didn't stand a chance in terms of winning

       21        games.  Although they had great players like

       22        Billy Stachowski and Manny Gold and a couple

       23        other guys on that side, our secret weapon was

       24        Phil Healey on the mound.

       25                       So I rise today out of







                                                           488

        1        friendship and out admiration and respect for

        2        one of the icons who passed through these

        3        chambers and who is somewhere looking down on

        4        us now.

        5                       May God ever keep you in His

        6        hands.

        7                       ACTING PRESIDENT KUHL:  Senator

        8        Farley.

        9                       SENATOR FARLEY:  Thank you, Mr.

       10        President.

       11                       I rise to say what a great guy

       12        Phil Healey was and to offer my sympathy to the

       13        sudden, and I think untimely, departing.

       14                       You know, this was a guy that

       15        was beloved by everybody, legislators not only

       16        from this state but as Bob Woertz, the former

       17        national chairman of the Council of State

       18        Governments could tell you, that Phil was

       19        active in the Council of State Governments, and

       20        everybody that knew him from around the

       21        country, and so forth, also loved him.

       22                       You know, he was always taking

       23        part in everything.  Senator Waldon, you

       24        mentioned playing softball.  He played tennis.

       25        He did whatever it took to participate and,







                                                           489

        1        incidentally, he was one of the most loyal and

        2        active members of the Irish Legislators, and I

        3        got a kick out of hearing one of -- I'm sure

        4        one of his offspring, a grandchild there,

        5        saying "aye" to everything that Senator Levy

        6        was saying.

        7                       Phil Healey was a great

        8        colleague, a tremendous, devoted legislator,

        9        somebody that looked out for his district

       10        constantly, never let up on that issue.  On an

       11        issue, he was like a dog on your pants leg.  He

       12        just kept there until he got it resolved, and

       13        Phil was -- he made everybody feel good just

       14        being around him and we'll all miss him

       15        greatly, and I'll tell you, he leaves a legacy

       16        not only here in the Legislature but with the

       17        magnificent family that is in this chamber now.

       18                       I wish you well.

       19                       ACTING PRESIDENT KUHL:  Senator

       20        Marcellino.

       21                       SENATOR MARCELLINO:  Thank you,

       22        Mr. President.

       23                       I didn't know Phil as long as

       24        many people in this chamber.  I first met him

       25        when I became the town clerk of the town of







                                                           490

        1        Oyster Bay and I needed some information on

        2        state issues, and I called Phil's office and I

        3        got the information mailed to me the next day,

        4        and then following that I got about 17 phone

        5        calls from Phil asking me if I got the

        6        information and if it was correct, and each

        7        time I said yes, he said, "Are you sure,

        8        because if it isn't correct, I'll make sure it

        9        is correct," and he wasn't kidding.  It was

       10        Phil's way.  He just wanted to make sure you

       11        got what you needed and it didn't make any

       12        difference if it was a state issue you needed

       13        the information on.

       14                       I found if I needed facts or if

       15        I needed information on any level of

       16        government, on any bill, on any piece of

       17        legislation, I could call Phil's office because

       18        Phil's philosophy was:  Take care of your

       19        constituents, take care of your neighbors.

       20        They're the people that put you in office.

       21        They're the people that keep you there and if

       22        you respond to their needs and their concerns,

       23        they'll never forget and they'll always

       24        remember you on Election Day, but even more

       25        importantly, they'll remember you year round,







                                                           491

        1        and Phil's philosophy of service, is one that

        2        we all should take to heart because he

        3        exemplified the best of us all.

        4                       He always remembered where he

        5        came from.  He always remembered that his

        6        family was the key to it all, that his family

        7        was his support, that his family was his base.

        8        He never betrayed a friend.  He would go out of

        9        his way to protect a friend.  There are many

       10        stories that many of us know about Phil's

       11        relationships with friends here and how we

       12        defended them regardless of who was on the

       13        other side.

       14                       He was a great person who was

       15        willing to take on issues that were not always

       16        popular but were important to his

       17        constituents.  He took them on.  He was

       18        fearless in a political sense.  He would take

       19        on anybody.  It didn't make any difference if

       20        it meant that it was doing the right thing as

       21        he saw it.

       22                       So, ladies and gentlemen, I rise

       23        on this bill and on this legislation, and I'm

       24        grateful to vote yes to it and I'm grateful for

       25        the period of time that I had to know Phil







                                                           492

        1        Healey because he was a fine man, and I hope I

        2        become a small portion of the legislator that

        3        he was.

        4                       God bless him.

        5                       ACTING PRESIDENT KUHL:  Senator

        6        Gold.

        7                       SENATOR GOLD:  Thank you, Mr.

        8        President.

        9                       I am sitting here a little

       10        bewildered.  I'm only a little Democrat.  I

       11        loved Phil Healey.  I never exactly thought of

       12        him as a dog on my pants leg, but I want you to

       13        know that he was a terrific guy and whenever I

       14        saw him, it would bring a smile to my face

       15        except -- Mrs. Healey, I don't lie -- I didn't

       16        exactly smile every time I was finished hitting

       17        against him in the softball games.  That was

       18        one day which was not always so great, but

       19        there is one thing with this particular piece

       20        of legislation, Senator Levy, which is flawed,

       21        because I take a look and my name isn't on it

       22        and I feel badly, and I'm sending this over

       23        because I'd appreciate it if you would sign me

       24        on.

       25                       Phil, as everybody knows, was







                                                           493

        1        just a wonderful, decent man.  He was a

        2        delightful fellow, and it's incredible in this

        3        day and age, those words ought to say it all

        4        and, unfortunately, somehow in this day and age

        5        words like that get belittled, but the people

        6        who understand it most are the people who got

        7        the benefit of it most, and so the Healey

        8        family is very lucky because you lived with a

        9        man who was wonderfully decent and you lived

       10        with a man who was wonderfully delightful.  So

       11        you've had that blessing, and for all of us who

       12        had the opportunity to deal with him in Albany,

       13        I guess we were blessed a little too.

       14                       We really miss him.

       15                       ACTING PRESIDENT KUHL:  Senator

       16        Goodman.

       17                       SENATOR GOODMAN:  Mr. President,

       18        I can add a slightly different perspective to

       19        these very appropriate remarks by pointing out

       20        to the house that not too long ago, one among

       21        us, Senator Tarky Lombardi, would organize

       22        periodic trips to Europe on a bipartisan basis

       23        strictly paid for out of the pocketbooks of the

       24        participants -- not a junket in any sense, just

       25        to set the record quite straight on that point







                                                           494

        1        -- and these trips to Europe would give one an

        2        opportunity to get to know one's colleagues in

        3        a manner that was quite unique.

        4                       Phil and Geneva were a wonderful

        5        couple, and I can recall quite distinctly being

        6        with them in Paris, seeing some of the sights

        7        and sharing in their delight and our own with

        8        the unique new experiences that we were all

        9        having and enjoying immensely the sheer warmth

       10        of their personalities.  Not only would we

       11        sightsee together, we would drink together, we

       12        would eat together and we would have what I can

       13        only describe as continental good fellowship in

       14        its best sense.

       15                       Geneva Healey was a tremendous

       16        help to Phil.  With her glorious perspective

       17        and her rare charm and beauty, she added just

       18        what Phil needed to complete the picture of an

       19        altogether wonderful Renaissance man.

       20                       Phil and Geneva and I spent some

       21        time in the area surrounding Paris and we had

       22        an opportunity to be together on many occasions

       23        and then, whenever I would meet Phil in the

       24        chambers in Albany, we would always stop

       25        unfailingly to reminisce about some of the good







                                                           495

        1        times we'd had together.  That was punctuated,

        2        however, by some serious legislative business

        3        because when Phil did, indeed, have matters

        4        that required attention and action by the

        5        house, he never hesitated to outline his views

        6        and enlist one's support in the most genial and

        7        effective manner.

        8                       This was a wonderful leprechaun

        9        of a man, a man of terrific personality and

       10        warmth, whose very presence in this chamber

       11        always lit it up and always made us all feel a

       12        little better for his presence.

       13                       We shall miss him greatly, and I

       14        just want to extend a personal salute and wish

       15        of condolence to Geneva and to his family.  You

       16        had a wonderful husband and a wonderful father,

       17        and we all love you.

       18                       ACTING PRESIDENT KUHL:  Senator

       19        Johnson.

       20                       SENATOR JOHNSON:  Yes.

       21        Certainly I'm pleased to be associated with

       22        this measure.  It's this very slight tribute to

       23        Phil, nevertheless the greatest tribute that we

       24        can give to him.

       25                       We were acquainted many years.







                                                           496

        1        Phil and I and his wife and some of his

        2        children went campaigning together in my first

        3        campaign.  We've been together through the

        4        years at ALEC meetings and legislation.

        5                       We recently passed a bill just

        6        last year providing a special institute at the

        7        State University in Farmingdale to study the

        8        needs of disabled people.  Phil brought that

        9        legislation to me.  I helped to get it

       10        adopted.  I helped to get money in the budget

       11        to get that going, and that's a nice tribute to

       12        Phil too, I think, but his entire life is

       13        really a tribute to himself and to his family,

       14        to all who knew him.

       15                       You never were without a friend

       16        if Phil was around.  He would back you up every

       17        time.  He would fight for you.  He made you

       18        feel comfortable when you spoke with him.  Just

       19        a wonderful man, and I really lost a lot, as

       20        the family did, when Phil departed, and

       21        certainly my sympathies and my compassion go to

       22        them because we all suffered a great loss but

       23        we all have wonderful memories of a great man.

       24                       ACTING PRESIDENT KUHL:  Senator

       25        Volker.







                                                           497

        1                       SENATOR VOLKER:  Mr. President,

        2        very briefly.

        3                       It's ironic.  When I came to the

        4        State of the State this year, one of the things

        5        I said to one of my colleagues in Long Island,

        6        I said, "You know, it just won't quite seem the

        7        same without Phil Healey."

        8                       I, of course, came to the

        9        Assembly with Phil many years ago, came over to

       10        the Senate and, frankly, primarily had a lot of

       11        dealings with Phil as regards to the

       12        American-Irish Legislators but, of course,

       13        dealt with Phil on criminal justice issues and

       14        many other things.  In fact, every once in a

       15        while he would run into my office and talk

       16        about our death penalty bill and various other

       17        pieces of legislation when something came to

       18        his head that he thought he ought to come in

       19        and tell me about in some way, that he was sure

       20        that he could sell it to the rest of the state.

       21                       I was just telling one of my

       22        colleagues on Long Island that one of the

       23        things that I think we really need around here

       24        is more people like Phil Healey.  He not only

       25        was bright and tenacious but he also had a







                                                           498

        1        sense of humor and an ability to turn something

        2        really stressful into something really

        3        comical.

        4                       What I used to say about Phil

        5        is, the worst thing you could do is ask him a

        6        question because most of the time the answer

        7        that he gave you, you had no idea what he was

        8        talking about, if he didn't want you to know

        9        what he was talking about, and he was a master

       10        at it, he really was, but in that answer,

       11        though, was his version of how he believed that

       12        issue should go, because Phil Healey went

       13        directly to the point in a way -- even though

       14        he went around it in a rather roundabout way.

       15                       He was a good man.  He was a

       16        good legislator, as Norman said, and I commend

       17        Norman for the bill because I think he

       18        certainly is somebody who Long Island should

       19        honor, and this Legislature should honor

       20        because I think he was a man who typified the

       21        kind of legislator that I think all of us would

       22        like to be.

       23                       My hat's off to him and to his

       24        family, and we will all say a prayer for him

       25        because I'm sure that he's looking down on us







                                                           499

        1        and sort of laughing at us and trying to figure

        2        out what we're trying to do here.

        3                       ACTING PRESIDENT KUHL:  Senator

        4        Skelos.

        5                       SENATOR SKELOS:  Thank you, Mr.

        6        President.

        7                       I'm delighted, Norman, that you

        8        have passed this legislation -- or about to

        9        pass this legislation, naming this parkway

       10        after Phil.

       11                       One thing will be certain,

       12        because Phil was truly a "pothole" Assemblyman,

       13        and the best word that that parkway will be -

       14        never will there ever be a pothole on it and,

       15        Norman, it's going to be your responsibility as

       16        long as you're a legislator, and all of us from

       17        the Island will make sure, that that parkway is

       18        a fitting tribute to Phil.

       19                       When I arrived here in 1981

       20        elected to the Assembly, Phil told me, "Make

       21        sure that you tend to your constituents.  What

       22        occurs in Albany is important, whether it's

       23        legislation, whether it's the budget, but the

       24        most important thing that you can do is stay in

       25        touch with your constituents," and those of us







                                                           500

        1        who are in office -- we can be in a parade, we

        2        can be walking door to door, we can just be

        3        walking down the street -- will run into

        4        constituents.  Some of them will agree with us;

        5        some of them will disagree with us.  Some of

        6        them will respect us; some of them may not

        7        respect us, but when you were with Phil Healey

        8        in his Assembly District, they loved him.  They

        9        respected him and loved him and they loved his

       10        entire family because it was a family ethic

       11        representing that Assembly District.

       12                       I know I'm personally going to

       13        miss Phil a great deal.  All of us from the

       14        Nassau County delegation, Senate, Assembly -

       15        and I know Bob Woertz is here from Suffolk

       16        County.  The entire Long Island delegation is

       17        going to miss Phil because he represented the

       18        best in government.  Nobody was too small.  No

       19        issue was too small for Phil to deal with, and

       20        that's why he was loved and that's why he is

       21        the type of legislator -- was the type of

       22        legislator we should all look to be.

       23                       So, to the family, your loss

       24        obviously is so much more than ours, but all we

       25        can say as a legislative body, the Senate -







                                                           501

        1        and he told me I should have stayed in the

        2        Assembly.  It was a lot more fun and active

        3        over there, but I love the Senate.  But you

        4        know what?  We love Phil Healey.  He was a good

        5        man.

        6                       God bless you all.

        7                       ACTING PRESIDENT KUHL:  Senator

        8        Hannon.

        9                       SENATOR HANNON:  Mr. President,

       10        one of the types of speeches I have really

       11        never given in either chamber is a speech

       12        remembering somebody, but this is Phil Healey.

       13        He's definitely an individual for whom I should

       14        make a major exception to that.  I have never

       15        felt that I have been able to say all the right

       16        things that have to be said, but I've known

       17        Phil since I came to Albany as representing the

       18        county of Nassau as its lobbyist and served

       19        with him in the Assembly and certainly got

       20        affected by all of the projects he would take

       21        on here in the Senate, and I thank you, Senator

       22        Levy, for this legislation.

       23                       As Senator Skelos was reading

       24        the -- telling you about the potholes, I said,

       25        I'd better check where this highway is, and I







                                                           502

        1        realize it's in my district.  So I'll take up

        2        the cudgels that Phil would have left.  I think

        3        there's a few promises he has -- for sound

        4        barriers, that he's made that I know we're

        5        trying to still fulfill in the commitments

        6        along here.

        7                       Phil was tenacious and he was

        8        persistent, but also he had a vast

        9        understanding of government.  I knew that at

       10        one point while we were discussing some of the

       11        absolutely arcane intricacies of the government

       12        of France and he demonstrated to me an

       13        up-to-date, intricate knowledge of that system,

       14        and I realized that what he had then been doing

       15        in terms of representing so well his district

       16        was trying to make sure that whatever he was

       17        trying to bring forward in terms of government

       18        was simple enough so that everybody would

       19        understand what he was doing and they could

       20        then react to it.

       21                       I know that he was successful in

       22        that because when I had a chance to first run,

       23        in where we overlapped, as I would go door to

       24        door people would not even talk to me until

       25        they were sure I was running for the Senate and







                                                           503

        1        I would swear I was not running against Phil

        2        Healey and at that point, when I pointed out we

        3        would be running on the same ticket, then they

        4        would allow me to talk.

        5                       He was just great.  It's really

        6        unique that we do this type of bill in the

        7        Senate, but then that's what Phil Healey was, a

        8        unique person who moved policy, who moved us,

        9        who moved my predecessor, John Dunne, when he

       10        had this seat.

       11                       I know that one of our old

       12        friends here in Albany who also has passed

       13        away, Tim McCarthy, used to tell me, "Always

       14        listen to Phil Healey.  If you want to find out

       15        what's happening in Nassau County and what

       16        people were believing and what ought to be

       17        done, listen to Phil Healey."

       18                       I did that, and I think all of

       19        our service here in Albany was the better for

       20        it, and I can only finish this speech by

       21        finishing the speech in a way that Phil would

       22        have done by saying, thank you very much.

       23                       ACTING PRESIDENT KUHL:  Senator

       24        Stafford.

       25                       SENATOR STAFFORD:  Mr.







                                                           504

        1        President, I would like to join these very fine

        2        remarks that have been made for a very fine

        3        gentleman, a member of a very fine family.

        4                       As the Healeys know, Phil knew

        5        the Lake Placid area very well, and I believe

        6        he was elected in 1970 and, as a matter of

        7        fact, in '74 we bid for the Olympics and it

        8        wasn't a great thing in those days.  In other

        9        words, people didn't have the feeling for it

       10        that we got as we won the game -- the hockey

       11        game, and I needed a lot of help and Phil

       12        Healey was there helping me to get the $100,000

       13        that we got to bid for the Olympics to go to

       14        Austria -- to put on the bid, and then we won

       15        -- won the bid, and then, of course, had the

       16        Olympic Games in 1980.

       17                       Also, he knew Whiteface.  He

       18        knew the area well and, as a matter of fact, we

       19        have a number of other issues after the

       20        Olympics.  Forming the Olympic Development

       21        Authority, we needed a lot of help and Phil

       22        again knew the area, took an interest in it and

       23        was very, very helpful to us, and he did that

       24        on a number of issues.

       25                       We are better up in the Lake







                                                           505

        1        Placid region because of Phil Healey, and we

        2        thank his family for sharing him with us, and

        3        the state is much better too.

        4                       ACTING PRESIDENT KUHL:  Senator

        5        Tully.

        6                       SENATOR TULLY:  Thank you, Mr.

        7        President.

        8                       Phil Healey was a friend and a

        9        colleague and a very fascinating softball

       10        player.  The times when the Senate had Warren

       11        Anderson as its pitcher, the Assembly had the

       12        Runyonesque "Fast Philly" as their pitcher and

       13        they had some pretty good hitters on their

       14        team.  One of them was Billy Stachowski, and

       15        sometimes even he, when he got up to bat, would

       16        stand there fascinated by the pitches of Phil

       17        Healey, because he had an enormous softball

       18        pitch which went up in the air.  By the time it

       19        came down, you wondered where you were and what

       20        you were doing, and I think he surprised a

       21        number of us, including Billy Stachowski.

       22                       But, beyond that, Phil was

       23        probably one of the most determined

       24        bulldog-type legislators I ever met in my life

       25        and on one of the first pieces of legislation







                                                           506

        1        that I helped to engineer in the Senate, I

        2        remember that Phil Healey was on me every day

        3        about this piece of legislation and I wasn't

        4        really certain that I wanted to do it, but

        5        every time I turned around he was in my face

        6        and he kept on me and on me and on me, and

        7        finally I went along with the legislation, only

        8        to subsequently run into Senator Levy, who

        9        said, "He's my Assemblyman.  You stay away from

       10        him," and that was a tribute to Phil Healey, in

       11        the sense that Senator Levy knew that that

       12        which Phil Healey brought forward after much

       13        deliberation was good legislation and it

       14        properly belonged to Senator Levy, but in the

       15        sense that we are colleagues, we shared it in

       16        the Senate and the public benefited.

       17                       I salute you, Senator Levy, for

       18        presenting this legislation, and I know Geneva

       19        and the family is very pleased that it's taking

       20        place, and I'm going to be very happy to vote

       21        for it.

       22                       ACTING PRESIDENT KUHL:  Is there

       23        any other Senator wishing to speak on the

       24        legislation?

       25                       Senator Larkin.







                                                           507

        1                       SENATOR LARKIN:  Mr. President,

        2        I think I had unique relations with Phil

        3        Healey.  The very first day I came here over

        4        from the Assembly he reminded me who my

        5        predecessor was and who my predecessor's

        6        predecessor was, and he said, "We're going to

        7        get along great as long as you take care of the

        8        Hudson Valley and listen to us people from Long

        9        Island," and I thought he was joking.  He was

       10        as serious as a day is long.

       11                       I remember one time when we were

       12        being real rambunctious in the Assembly about

       13        adding and subtracting, and Phil Healey said,

       14        "You never got the message.  No, no.  You can

       15        take it away from the Hudson Valley, but don't

       16        touch Long Island," and he said it with a very

       17        sincere -- I had a problem in my district at an

       18        airport that Norman remembers. Everybody was

       19        getting away on a getaway day.  Phil Healey

       20        called me and said, you know, "I've already

       21        called Gen.  I'm going to be home late."  He

       22        came to the airport and talked to the people in

       23        the town and asked them how often they would

       24        use the airport and what it would do to the

       25        airport, and about three or four days later I







                                                           508

        1        get a call from Norman Levy, and he said, "Your

        2        good friend, Phil Healey, has put together some

        3        people from the Transportation Committee, some

        4        of my own people, and we're going to come down

        5        there and we'll hold a hearing," and my people

        6        were amazed that this man from Long Island

        7        would pay so much attention to another member's

        8        area and, you know, if you really think about

        9        it, that was Phil Healey, and I don't think,

       10        even when I came to this house, there was ever

       11        a day that he saw me that he didn't come by and

       12        say, "How's Stewart doing?"

       13                       You know, when we opened

       14        Stewart, Phil Healey came and it was sad that

       15        he wasn't given the respect by somebody over

       16        and above me, but Phil Healey didn't care.  He

       17        sat there and looked up, and he said, "I want

       18        to see the plane go off."  When American went

       19        by, he put his arm around me and he said,

       20        "That's progress.  That's cooperation, and

       21        don't you forget it.  When somebody takes your

       22        seat, you better be willing to help them," and

       23        that was Phil Healey.

       24                       I remember, if you were in a

       25        conference with him -- and, of course, you met







                                                           509

        1        his wife the first time and 16 times later, he

        2        still reminded you this was this beautiful

        3        wife, and, Gen, he always spoke of you as

        4        something from heaven, and his family, and, you

        5        know, we're all richer.  We're better off

        6        because during our lifetime we met Phil Healey.

        7                       Thank you.

        8                       ACTING PRESIDENT KUHL:  Is there

        9        any other Senator wishing to speak on the

       10        bill?

       11                       (There was no response.)

       12                       Hearing none, the Secretary will

       13        read the last section.

       14                       THE SECRETARY:  Section 3.  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 61.

       20                       ACTING PRESIDENT KUHL:  The bill

       21        is passed.

       22                       Senator Skelos.

       23                       SENATOR SKELOS:  Mr. President,

       24        if we could temporarily go back to motions and

       25        resolutions.







                                                           510

        1                       Please recognize Senator Norman

        2        Levy.

        3                       ACTING PRESIDENT KUHL:  We'll

        4        return to the order of motions and resolutions.

        5                       The Chair recognizes Senator

        6        Levy.

        7                       SENATOR LEVY:  Yes, Mr.

        8        President.  I ask that the resolution be read.

        9                       ACTING PRESIDENT KUHL:  There's

       10        a privileged resolution at the desk.

       11                       I'll ask the Secretary to read

       12        it in its entirety.

       13                       THE SECRETARY:  By Senator Levy,

       14        a Legislative Resolution memorializing the life

       15        of Assemblyman Philip Healey.

       16                       WHEREAS, Assemblyman Philip

       17        Healey, a distinguished and long-time public

       18        official and resident of Massapequa, New York,

       19        suddenly passed away on May 27, 1996 after

       20        having just completed marching with fellow

       21        veterans in the Massapequa's Memorial Day

       22        Parade; and

       23                       WHEREAS, Assemblyman Philip

       24        Healey was a tower of strength, support,

       25        understanding and limitless love for his







                                                           511

        1        beloved wife Geneva, his daughter Laurette, his

        2        sons Philip, Jr. and Ralph, his daughter-in-law

        3        Betsy and his children -- his grandchildren

        4        Corinne and Philip; and

        5                       WHEREAS, Assemblyman Philip

        6        Healey's love, devotion, commitment and

        7        responsiveness to his family, friends and all

        8        who knew him were his hallmark, tradition and

        9        legacy; and

       10                       WHEREAS, the death of

       11        Assemblyman Philip Healey, a highly respected

       12        and regarded public servant, leaves a great

       13        void in the New York State Assembly and in the

       14        communities of the 12th Assembly District he

       15        served with such passion and dedication for

       16        more than 25 years.

       17                       Assemblyman Philip Healey, a

       18        retired business executive, began his career in

       19        public office in 1967 with his appointment to

       20        the town of Oyster Bay Town Board.

       21                       Assemblyman Philip Healey was a

       22        man of strong convictions who believed deeply

       23        in the value of encouraging open debate in the

       24        development of public policy and in

       25        facilitating the honest exchange of diverse







                                                           512

        1        viewpoints.

        2                       Assemblyman Philip Healey,

        3        widely regarded as a gentleman who exemplified

        4        all that is best about public service, was

        5        deeply dedicated to his constituency and to the

        6        belief that government can be a positive force

        7        for improving people's lives; and

        8                       WHEREAS, Assemblyman Philip

        9        Healey worked tirelessly throughout his

       10        Assembly career to serve his constituency.

       11                       Assemblyman Philip Healey,

       12        throughout his legislative career, held a

       13        variety of important positions, including

       14        Assistant Assembly Minority Whip, chair of the

       15        Nassau County Republican Assembly Delegation

       16        and membership on the Assembly Committees on

       17        Aging, Commerce, Industry and Economic

       18        Development, Rules and Governmental Operations.

       19                       Assemblyman Philip Healey was a

       20        uniquely successful leader in both the private

       21        and public sectors and left behind a myriad of

       22        governmental achievements and accomplishments.

       23                       Assemblyman Philip Healey,

       24        throughout his life, devoted his time and

       25        energy to important community-related concerns,







                                                           513

        1        interests and activities, thereby leaving upon

        2        them his own indelible and lasting mark; and

        3                       WHEREAS, Assemblyman Philip

        4        Healey significantly contributed to improving

        5        and bettering the quality of life of the

        6        residents of the Massapequas, the town of

        7        Oyster Bay, Nassau County and New York State by

        8        always seeking to increase community pride,

        9        respect and understanding through his community

       10        efforts.

       11                       Assemblyman Philip Healey lived

       12        his life with great dignity and genuine grace,

       13        always demonstrating a deep continuing concern

       14        for others and in doing so, he inspired others

       15        to do the same.

       16                       Assemblyman Philip Healey's

       17        record of unimpeachable fairness will endure as

       18        an inspiration and living legacy to all who had

       19        the privilege and honor of knowing him; and

       20                       WHEREAS, Assemblyman Philip

       21        Healey was recognized as a pillar within his

       22        home community of Massapequa, the town of

       23        Oyster Bay, Nassau County and New York State,

       24        always seeking to build the firmest foundations

       25        upon which the Massapequas, the town of Oyster







                                                           514

        1        Bay, Nassau County, New York State and our

        2        nation will continue to grow and prosper.

        3                       For those countless many who

        4        knew and loved him, the death of Assemblyman

        5        Philip Healey has most seemingly curtained the

        6        world in darkness; and

        7                       WHEREAS, like the light at dawn

        8        which so completely eclipses the brightness of

        9        the night's stars, the life of Assemblyman

       10        Philip Healey bears radiant testimony that the

       11        ideals of honor, courage, loyalty and

       12        dedication -- and of personal love -- yet

       13        endure; and

       14                       WHEREAS, many years ago Robert

       15        Ingersol wrote these words concerning the death

       16        of his brother.  "If everyone to whom he

       17        rendered some loving service were to bring but

       18        one blossom to the grave, he would sleep

       19        beneath a wilderness of flowers"; and

       20                       WHEREAS, it is the sense of this

       21        legislative body that Assemblyman Philip Healey

       22        sleeps beneath a wilderness of flowers; now,

       23        therefore, be it

       24                       RESOLVED, that this legislative

       25        body pause in its deliberations in a moment of







                                                           515

        1        silent tribute to Assemblyman Philip Healey, a

        2        warm, caring, loving and responsive man whose

        3        unselfish concern for the welfare of others

        4        endowed and yet enhanced the lives of those so

        5        fortunate to call him family and friend, and to

        6        express its deepest condolences to his beloved

        7        wife Geneva, his daughter Laurette, his sons

        8        Philip, Jr. and Ralph, his daughter-in-law

        9        Betsy and his grandchildren Corinne and Philip;

       10        and it be further

       11                       RESOLVED, that copies of this

       12        resolution, suitably engrossed, be transmitted

       13        to Assemblyman Philip Healey's family.

       14                       ACTING PRESIDENT KUHL:  Senator

       15        Levy, the Chair has had an inquiry as to

       16        whether or not this is open for multiple

       17        sponsorship.

       18                       SENATOR LEVY:  Certainly.

       19                       ACTING PRESIDENT KUHL:  Without

       20        any objection from the chamber, we'll place all

       21        the members on as multiple sponsors.

       22                       The question is on the

       23        resolution.  I'll ask all the members to stand

       24        to recognize their affirmation in a moment of

       25        silence.







                                                           516

        1                       (A moment of silence was

        2        observed.)

        3                       ACTING PRESIDENT KUHL:  The

        4        resolution is adopted.

        5                       Senator Skelos.

        6                       SENATOR SKELOS:  Mr. President,

        7        could you call up Calendar Number 16.

        8                       ACTING PRESIDENT KUHL:  The

        9        Secretary will read Calendar Number 16, Senate

       10        Print 184, by Senator Tully.

       11                       THE SECRETARY:  Calendar Number

       12        116, by Senator Tully, Senate Print 184, an act

       13        to amend the Vehicle and Traffic Law, in

       14        relation to revoking or prohibiting the

       15        issuance of a driver's license.

       16                       SENATOR MONTGOMERY:

       17        Explanation.

       18                       ACTING PRESIDENT KUHL:  Senator

       19        Tully, an explanation has been requested by

       20        Senator Montgomery.

       21                       SENATOR TULLY:  Thank you, Mr.

       22        President.

       23                       This piece of legislation, which

       24        passed twice in the Senate last year, is

       25        sponsored in the Assembly by Assemblyman







                                                           517

        1        Lafayette and it provides for the suspension,

        2        revocation or delay of the issuance of a

        3        driver's license to persons for up to one year

        4        for each conviction or adjudication of making

        5        graffiti.

        6                       ACTING PRESIDENT KUHL:  Senator

        7        Montgomery.

        8                       SENATOR MONTGOMERY:  Yes, Mr.

        9        President.  I wonder if Senator Tully would

       10        yield for a question.

       11                       ACTING PRESIDENT KUHL:  Senator

       12        Tully, do you yield?

       13                       SENATOR TULLY:  Yes, Mr.

       14        President.

       15                       ACTING PRESIDENT KUHL:  The

       16        Senator yields.

       17                       SENATOR MONTGOMERY:  Yes,

       18        Senator Tully.  I see where we have tried to

       19        address this graffiti problem that you identify

       20        on a couple of prior bills that we passed, one

       21        of them being to make graffiti a crime

       22        punishable as a Class A misdemeanor, and the

       23        other one provides that if a person convicted

       24        of making graffiti or possession of graffiti

       25        instruments is sentenced to probation or







                                                           518

        1        conditional discharge, the court shall, where

        2        appropriate, participate in a program designed

        3        to remove graffiti from public or private

        4        property.

        5                       So we seem to have two distinct

        6        kinds of punishments to attempt to address

        7        this.  I'm just wondering if either of these

        8        have worked to really reduce the problem of

        9        graffiti over the areas.

       10                       SENATOR TULLY:  Thank you,

       11        Senator Montgomery.

       12                       Mr. President, that's exactly

       13        the reason for this bill.  The existing law

       14        does provide that the making of graffiti is a

       15        misdemeanor punishable by up to one year in

       16        jail but, unfortunately, the fact that that

       17        penalty exists makes it far different from the

       18        fact that people are convicted of making

       19        graffiti and then sent to jail.  The judges

       20        just aren't putting them in jail for making

       21        graffiti even though that punishment exists.

       22                       This bill came about as the

       23        result of communication with my office by many,

       24        many chambers of commerce which are reflected

       25        in the support memos and when we initially







                                                           519

        1        debated the bill when it was first introduced,

        2        it did not have any provision for either

        3        community service or conditional licenses.

        4                       As a result of the suggestions

        5        of, in the one case, Senator Paterson with

        6        respect to conditional licenses, we included a

        7        provision for that under certain conditions of

        8        medical employment and educational reasons and

        9        in the case of community service, at the

       10        recommendation of Senator Abate and Senator

       11        Onorato, we included that as well.

       12                       So the bill which originally

       13        passed 54 to 4 in the Senate subsequently came

       14        back with those changes and passed 45 to 2, and

       15        that's the bill that's before us today.

       16                       SENATOR MONTGOMERY:  All right.

       17        If the Senator would continue to yield, Mr.

       18        President.

       19                       ACTING PRESIDENT KUHL:  Senator

       20        Tully, do you continue to yield?

       21                       SENATOR TULLY:  Yes, Mr.

       22        President.

       23                       ACTING PRESIDENT KUHL:  The

       24        Senator continues to yield.

       25                       SENATOR MONTGOMERY:  Thank you.







                                                           520

        1                       The bill that is before us which

        2        requires suspension of a driver's license, it

        3        is my perception that, at least for the urban

        4        centers -- and I must say I'm thinking about

        5        New York City in particular -- that most of the

        6        people would not necessarily be driving.  So

        7        would this help in cities like New York where

        8        we're not looking at graffiti artists who drive

        9        cars?

       10                       SENATOR TULLY:  Thank you, Mr.

       11        President.

       12                       It's a good question, Senator,

       13        and it does help in New York City.  One of the

       14        chambers of commerce that contacted us very

       15        strongly on this was the Chamber of Commerce

       16        for the borough of Queens, which is, as you

       17        know, within the city of New York, and it is

       18        not a mandatory situation.  It's one where it

       19        may be imposed and the concept is really one to

       20        give the youngsters pause to think before they

       21        commit such an act.

       22                       SENATOR MONTGOMERY:  Thank you,

       23        Mr. President.

       24                       Just briefly on the bill.  I am

       25        just really concerned that we're moving to







                                                           521

        1        further convict, if you will, people who do

        2        graffiti, and one of the programs in New York

        3        City that I know that has worked and quite

        4        successfully, I believe, is particularly in

        5        Harlem, and I certainly would leave the example

        6        to be further delineated by my Harlem Senator,

        7        but I believe that what people have done is to

        8        allow for artwork to be placed on public

        9        buildings.  A lot of that has happened

       10        certainly in my district and on those

       11        buildings, including the ugly gates that are

       12        used to protect businesses from vandalism,

       13        where there is artwork done by so-called

       14        graffiti artists, we do not see the defacing by

       15        graffiti vandals.

       16                       So I believe that's probably a

       17        much more sensible and successful, workable

       18        solution to graffiti vandalism, and I would

       19        hope that we would allow for more of that as

       20        opposed to trying to figure out other ways to

       21        punish graffiti artists.

       22                       Thank you.

       23                       ACTING PRESIDENT KUHL:  Senator

       24        Paterson.

       25                       SENATOR PATERSON:  Mr.







                                                           522

        1        President, if Senator Tully would yield for a

        2        question.

        3                       SENATOR TULLY:  Yes, I will, Mr.

        4        President.

        5                       ACTING PRESIDENT KUHL:  The

        6        Senator yields.

        7                       SENATOR PATERSON:  Thank you.

        8                       First, Mr. President, Senator

        9        Tully was quite responsive and quite sensitive

       10        to some of the issues we raised last year, and

       11        I would really like to commend him.

       12                       I certainly can live with the

       13        legislation as it stands now, but if the

       14        Senator would yield for this question.  It's

       15        just that in my opinion, the problem with the

       16        legislation inherently is its unequal

       17        enforcement in the sense that once the penalty

       18        relates to a driver's license, you're now

       19        talking about a class of the population that

       20        has driver's licenses.  Why they might have

       21        those licenses might be different in different

       22        ways.  So I just think that the penalty would

       23        be enforced in different values to whoever the

       24        recipients would be.

       25                       Now, obviously if one commits a







                                                           523

        1        crime under our laws, the way that they're

        2        affected may be unequal to others who would

        3        similarly be convicted, but the point that I'm

        4        trying to make is that in this case, we've gone

        5        out of our way, Senator Tully, to write into

        6        the law what is a distinction that, in my

        7        opinion, doesn't even relate to the actual

        8        crime.  The relationship between graffiti and

        9        driving is one I don't understand.  I was

       10        hoping you would clear that up for the record.

       11                       SENATOR TULLY:  Yes.  Thank you,

       12        Mr. President.

       13                       The law currently, prior to the

       14        passage of this bill, provides that in the

       15        event you're convicted of making graffiti, that

       16        a judge, in his infinite wisdom, can send you

       17        away for up to one year in jail.  That's

       18        obviously not working, which is the reason and

       19        the gravamen for the development of this bill

       20        so that there would be another hook, so to

       21        speak, to hang the individual on to preclude

       22        them from doing this again, and that's why we

       23        have this proposal which, again, is not

       24        mandatory but it doesn't only include those who

       25        have licenses.  It includes those who might be







                                                           524

        1        looking to have one in the sense that it

        2        provides for the delay in the issuance of a

        3        license.

        4                       ACTING PRESIDENT KUHL:  Senator

        5        Paterson.

        6                       SENATOR PATERSON:  Thank you,

        7        Mr. President.

        8                       If the Senator would yield for

        9        just one more question.

       10                       ACTING PRESIDENT KUHL:  Senator

       11        Tully, do you continue to yield?

       12                       SENATOR TULLY:  Yes, Mr.

       13        President.

       14                       ACTING PRESIDENT KUHL:  The

       15        Senator yields.

       16                       SENATOR TULLY:  You're looking

       17        better all the time, Mr. President.  I want you

       18        to know that.

       19                       ACTING PRESIDENT KUHL:  Thank

       20        you, Senator Tully.

       21                       SENATOR PATERSON:  On that, Mr.

       22        President, Senator Tully and I heartily agree.

       23                       SENATOR TULLY:  I also meant to

       24        tell Senator Paterson, Phil Healey told me he

       25        loved this bill.







                                                           525

        1                       ACTING PRESIDENT KUHL:  Is that

        2        explanation satisfactory, Senator Paterson?

        3                       SENATOR PATERSON:  Well, now,

        4        Mr. President, Senator Tully has estopped me

        5        from asking any more questions.  I'll just say

        6        this.

        7                       Up in Watkins Glen, Mr.

        8        President, there was once a chicken and a pig

        9        drag racing on the highway.  They were pulled

       10        over by a couple of state troopers and they

       11        were talking about how they could get the state

       12        trooper to stop them from being given a very

       13        major ticket and the chicken said, "Well, you

       14        know, we could offer him bacon and eggs" and

       15        the pig said to the chicken, "What you see as a

       16        penalty, I see as a mortal sacrifice.".

       17                       ACTING PRESIDENT KUHL:  Thank

       18        you, Senator Paterson.

       19                       The Secretary will read the last

       20        section.

       21                       THE SECRETARY:  Section 2.  This

       22        act shall take effect on the first day of

       23        November.

       24                       ACTING PRESIDENT KUHL:  Call the

       25        roll.







                                                           526

        1                       (The Secretary called the roll.)

        2                       ACTING PRESIDENT KUHL:  Announce

        3        the results when tabulated.

        4                       THE SECRETARY:  Those recorded

        5        in the negative on Calendar Number 16 are

        6        Senators Breslin, Mendez, Montgomery and

        7        Waldon.  Ayes 57, nays 4.

        8                       ACTING PRESIDENT KUHL:  The bill

        9        is passed.

       10                       Senator Holland.

       11                       SENATOR HOLLAND:  Very nice to

       12        see some more county clerks in the chamber, Mr.

       13        President.

       14                       Could we star Calendar Number 31

       15        at the request of the sponsor.

       16                       ACTING PRESIDENT KUHL:  Calendar

       17        Number 31 is starred at the request of the

       18        sponsor.

       19                       Senator Holland.

       20                       SENATOR HOLLAND:  And could we

       21        return to motions and resolutions and recognize

       22        Senator Leichter -- Senator Abate, rather, for

       23        some comments on former Assemblyman

       24        Passannante.

       25                       SENATOR ABATE:  Yes.  I'd like







                                                           527

        1        to speak on the floor in support of Resolution

        2        195.  I believe it was a resolution adopted

        3        last Tuesday, but we did not have an

        4        opportunity.  Many of you knew -

        5                       ACTING PRESIDENT KUHL:  The

        6        resolution was previously adopted, Senator

        7        Abate, and with unanimous consent of the

        8        members of the chamber -- and I don't hear any

        9        objections -- you're allowed the opportunity to

       10        speak on the resolution.

       11                       SENATOR ABATE:  Thank you.

       12                       Assembly member Bill

       13        Passannante, many of you worked with him for a

       14        number of years.  The resolution that was

       15        adopted celebrated his life and his work.

       16                       I was very lucky.  I knew Bill

       17        as a close friend, a colleague in the

       18        community.  I never had the opportunity to

       19        serve with him in the Legislature, but I know

       20        how well thought of and how many friends he

       21        earned through the years.

       22                       One great attribute, if you knew

       23        Bill well, he made you laugh, and there are

       24        stories after stories of Bill driving to Albany

       25        with his eyes closed and when parts of his car







                                                           528

        1        would fall off, he would put parts of his car

        2        in the trunk, and he would collect these parts

        3        over time.

        4                       So people loved Bill because he

        5        made them laugh but people loved and respected

        6        Bill because of his passion, his commitment to

        7        issues and particularly in the community of

        8        Greenwich Village, which is the community where

        9        I've lived for many years, there's not a soul

       10        who knew Bill that did not cherish his

       11        leadership, his commitment to that community.

       12        He brought dollars in support and championed

       13        the institutions within Greenwich Village.  If

       14        ever there was someone who could call

       15        themselves the mayor of Greenwich Village, it

       16        would be Bill Passannante.

       17                       He was bigger than life.  He

       18        loved life.  He loved food.  He loved his

       19        friends.  He loved serving in the Legislature.

       20        In many ways he was ahead of his time.

       21                       He was a champion of the arts

       22        and of education.  He talked about human rights

       23        when other people were afraid about talking

       24        about equal rights for all people in this

       25        state, and he was someone that really cared







                                                           529

        1        about other people.

        2                       He loved his friends.  He spent

        3        time with his friends and he wanted to make

        4        sure everyone in society had a voice, had

        5        services and had support.  So not only was he a

        6        great legislator, he was a great friend to so

        7        many people.  He was also a great and decent

        8        human being.

        9                       I know if Bill were here today,

       10        he would say, carry on.  He would miss every

       11        moment of the times he spent in this

       12        Legislature, but he would also be so

       13        appreciative of hearing from his friends and

       14        the words that we have to say about him that

       15        are very heartfelt.

       16                       So, Bill -- and as many of us do

       17        -- we'll miss you, but the legacy that you

       18        leave us, the legacy of all your good work will

       19        remain with us for many years to come, and so I

       20        hope that other young people -- because he

       21        certainly was my mentor as I was in local

       22        politics -- I hope that he will inspire us,

       23        through his legacy and good work, will inspire

       24        us to remember his good work and inspire us to

       25        do better for ourselves, for each other and to







                                                           530

        1        represent our communities better.

        2                       So thank you, Bill, for the

        3        legacy you've left us, and in your name and in

        4        your honor, we will try to continue your good

        5        work.

        6                       ACTING PRESIDENT KUHL:  Senator

        7        Stavisky, with unanimous consent to speak on

        8        the resolution.

        9                       SENATOR STAVISKY:  I knew Bill

       10        Passannante perhaps longer than any other

       11        member of this Legislature because in 1954

       12        during the first year of the Wagner

       13        administration, I was deputy to the president

       14        of the New York City Council.  As a young

       15        Harvard educated man, he was able to serve in

       16        the office with me.

       17                       He was an inspiration in terms

       18        of his decency.  He was a knowledgeable

       19        individual who did not flaunt his Harvard

       20        affiliation.  He was a person whom I served

       21        with only for a year and then I tried my best

       22        to assist him in his race to become a member of

       23        the New York State Assembly.

       24                       He was successful in that race,

       25        and I want to recall those days when he was a







                                                           531

        1        valued colleague, and then the days when we

        2        served together in the Assembly, and I knew

        3        that here was a committed individual who

        4        deserved the support that he had received from

        5        his constituents.

        6                       Later in life, Bill Passannante

        7        was president of the National Conference of

        8        State Legislators and it was a fitting tribute

        9        to him that Republican and Democratic members

       10        of this Legislature, as well as members from

       11        legislative bodies throughout the country,

       12        placed their trust in Bill Passannante.

       13                       I miss him as many of you also

       14        do, and I would be honored if you would allow

       15        me as well as others in this chamber to join in

       16        the sponsorship -- or co-sponsorship of the

       17        resolution that Assemblywoman -- that Senator

       18        Catherine Abate has introduced.

       19                       Thank you.

       20                       ACTING PRESIDENT KUHL:  Senator

       21        Lachman.

       22                       SENATOR LACHMAN:  I never had

       23        the privilege of serving with Assemblyman

       24        Passannante in this body, and I never had the

       25        privilege of working for him or living in the







                                                           532

        1        same geographic area that he lived in, but I

        2        did have the privilege of knowing him.

        3                       As you are probably aware, he

        4        was deeply concerned about educational issues,

        5        and when I was serving as a member and

        6        president of the New York Board of Education 20

        7        years ago, there was no one in the Assembly who

        8        was more involved to better the education of

        9        the public school children of the city of New

       10        York, and though there might have been

       11        differences of opinion between the assemblyman

       12        and the members of the board, every single

       13        member of the board respected his intelligence,

       14        his integrity and his goals to give a superior

       15        education to all of the children of the city of

       16        New York, and I would be privileged and honored

       17        to co-sponsor this resolution as well.

       18                       ACTING PRESIDENT KUHL:  Senator

       19        Leichter on the resolution.

       20                       SENATOR LEICHTER:  Thank you

       21        very much, Mr. President.

       22                       You know, there's so many things

       23        that can be said about Billy Passannante, and

       24        he was so much part of the life of this

       25        Legislature for so many years.  I think among







                                                           533

        1        -- in the whole history of the New York State

        2        Legislature, very few legislators have served

        3        longer than Billy Passannante did, but one

        4        thing I'm sure that never has anybody served

        5        with more joy, with more enthusiasm, with a

        6        greater sense of collegiality than Billy

        7        Passannante.

        8                       Billy was really so generous.

        9        He was so committed to his work but never to

       10        the point where he didn't see the human factor,

       11        the relationship among members.  He really goes

       12        back to a time which I think is somewhat

       13        different than what we have in the Legislature

       14        now, a time certainly that Senator Marchi can

       15        remember, Senator Stavisky, I guess in some

       16        respects that I can, where there was a greater

       17        sense of collegiality and less partisanship,

       18        not that Billy wouldn't fight hard for the

       19        things that he believed in.  He fought very

       20        strenuously and very vigorously, but I don't

       21        think there was ever a member of the

       22        Legislature all the years that Billy

       23        Passannante served who would say, "I don't like

       24        this guy.  He's too partisan.  He's taking

       25        advantage of me", and so on.







                                                           534

        1                       Really, the contrary was the

        2        case, and Billy was incredibly effective as a

        3        legislator and as somebody who represented his

        4        community.  Unfortunately, I missed the

        5        beginning of the comments, and I didn't hear

        6        what Senator Abate said, but I hope she talked

        7        somewhat -- and it deserves to be said -- the

        8        fact is that he came in a district originally

        9        representing a very strong Italian community,

       10        as the village changed, and yet he responded so

       11        well to all his constituents.

       12                       I got into politics in the late

       13        '50s and at that time there was a strong

       14        effort within New York County to depose Carmine

       15        DiSapio who was then the head of the New York

       16        County democratic organization known as Tammany

       17        Hall, and Billy was really the Assemblyman of

       18        Carmine DiSapio, but in spite of all of that,

       19        Billy adjusted and not in a craven way of

       20        giving in but in a sense that everyone

       21        appreciated that this was a true fine public

       22        servant.  So as the reformers took over in the

       23        village, they continued to support Billy.

       24                       There was one challenge to him

       25        in the primary some years ago.  Ed Koch, a







                                                           535

        1        young, ambitious politician took on Billy

        2        Passannante and Billy Passannante dispatched

        3        him very effectively because Billy was loved by

        4        all his constituents because they appreciated

        5        this was somebody that really served them.

        6                       I sort of want to end by telling

        7        one story about Billy Passannante because I

        8        think that really captures the sort of strong,

        9        wonderful human being he was.

       10                       I had to get down -- this was -

       11        I was serving in the Assembly and session was

       12        over.  I had to desperately get down to New

       13        York.  I thought the whole fate of western

       14        civilization depended upon my being in some

       15        meeting and Billy said, "I'm driving down."  I

       16        said, "Good, but I got to be down there

       17        quickly."  "Come on.  We'll speed down."  So

       18        we're moving along at a good clip and being

       19        with Billy is always fun except you're nervous

       20        because while he's driving, he's speaking, you

       21        know, waving his hands, and so on, but we're

       22        moving along.  We hear the siren behind us.  He

       23        gets pulled over.  The police officer stops

       24        ahead of us.  Billy gets out of the car, gets

       25        into the car with the state trooper and one







                                                           536

        1        minute passes, five minutes passes, ten minutes

        2        passes, fifteen minutes passes, all I can see

        3        is Billy's arms waving and I'm desperate to get

        4        to New York and I'm ready to go out of the car

        5        and say, "Billy, I'll pay the ticket."  Finally

        6        he comes back and he gets in the car and he

        7        says, "Gee, that was a nice state trooper."  I

        8        said, "You talked your way out of the ticket?"

        9        He said, "Oh, no.  I got a ticket but he was

       10        just a wonderful guy to speak to."  That was

       11        really Billy Passannante.

       12                       He loved everybody.  He

       13        responded to everybody, and I think one other

       14        thing needs to be said, his very special

       15        relationship with Father Peter Young.  In fact,

       16        who can fail to forget almost any evening

       17        seeing Father Peter Young and Tommy Laverne, of

       18        course, who served with great distinction, and

       19        they had been together.  They really

       20        represented, I think something that was so

       21        special and so good about Albany.  People who

       22        care deeply about the institution, who care

       23        about government, who want to be part of it,

       24        who want to serve, Billy Passannante did for

       25        many, many years and when the history of this







                                                           537

        1        Legislature is written, there has to be a

        2        special note in there about Billy Passannante.

        3                       ACTING PRESIDENT KUHL:  Senator

        4        Marchi.

        5                       SENATOR MARCHI:  It's certainly

        6        with great sadness to think of Billy

        7        Passannante not being with us.

        8                       I knew him back to the year you

        9        mentioned and perhaps you might have known,

       10        Senator Abate, Joe Holska.  Joe Holska was very

       11        close to him and many times I participated with

       12        Billy and Joe Holska, ways of being of

       13        assistance to him.  He's a wonderful person.

       14        He and Louis DiSalvio, I think held the record

       15        of 38 years in the Legislature and -- until I

       16        came along, but there's not very much that

       17        separate us and the quality of the service that

       18        he rendered the people of this city and this

       19        state and nationally was brought out so

       20        eloquently, his national service.

       21                       This name was known from the

       22        Atlantic to the Pacific.  A splendid person,

       23        intelligent, brilliant, warm and oh, so

       24        accessible to friendship and so -- just could

       25        not tolerate the type of intolerance and







                                                           538

        1        nastiness that sometimes, not as often as most

        2        people think, characterized public life.

        3                       He was certainly a wonderful

        4        role model and you know that every time there

        5        was a dissential census, they would shift the

        6        thing around a bit in the hope of getting him,

        7        but he was too strong for that and he came

        8        through every time and came through well in a

        9        perhaps under -- running under the most

       10        difficult circumstances that I could see, just

       11        shift -- because if you shift a few blocks, you

       12        create some problems for the candidate in that

       13        area.

       14                       So I certainly join completely

       15        with those who have spoken to this great public

       16        servant and -- well, he's in our prayers, and

       17        I'm sure that if we can -- if there's some way

       18        technically that we can join you, Senator

       19        Abate, backwards -- your resolution passed last

       20        week, didn't it -- but in any event, we're with

       21        you in spirit on your initiative.  It was

       22        correct and appropriate.

       23                       ACTING PRESIDENT KUHL:  Senator

       24        Skelos.

       25                       SENATOR SKELOS:  Thank you, Mr.







                                                           539

        1        President.

        2                       It's fitting today that we

        3        memorialize two unique individuals, earlier

        4        Phil Healey and now Bill Passannante.

        5                       I knew obviously Phil Healey

        6        more intimately coming from Nassau County, and

        7        I mentioned the way his constituents loved him

        8        and that's something that affected me very

        9        positively.

       10                       Bill Passannante -- and it's

       11        interesting how people affect your lives.  Bill

       12        Passannante I first met when I was on staff as

       13        a counsel in 1976 in the Assembly and -- on the

       14        8th floor and he was around the corner, and

       15        what impressed me was he was the Speaker Pro

       16        Tempore at the time and the senior man, but he

       17        would always take the time to talk to me.  He

       18        would always take the time to explain the

       19        legislative process.

       20                       You know, after I was a counsel

       21        for five years -- and I never thought I would

       22        have the opportunity to run for office -- you

       23        know, you would go and talk to Billy and he

       24        would tell you, "Be patient.  You know, your

       25        time will come", and he would calm you down and







                                                           540

        1        give you some very sound advice.

        2                       You know, I probably disagreed

        3        politically or philosophically with Bill on so

        4        many issues, but he fought for his constituents

        5        and he was always sincere in what he was doing

        6        but, again, I remember him as a staff person

        7        and the way he treated me.

        8                       He was a unique individual and

        9        somebody that this Legislature should always

       10        remember.

       11                       ACTING PRESIDENT KUHL:  Senator

       12        Volker.

       13                       SENATOR VOLKER:  Mr. President,

       14        I too want to rise.  I did not realize that

       15        Bill's resolution passed last Tuesday, but let

       16        me just say something that I have not spoken of

       17        before, but -- although Phil Healey was a

       18        friend of mine and, of course, a fellow

       19        Republican, I knew him very well, I knew Bill

       20        Passannante much better, and the reason is that

       21        when I came to the Assembly in 1973, I had

       22        several people who kind of sort of watched over

       23        me, one legislatively, I guess that was sort of

       24        a fellow by the name of DiCarlo, Dom DiCarlo,

       25        who was my chairman in Codes, and I was sort of







                                                           541

        1        a young firebrand, I guess, and he kind of

        2        looked over me legislatively, but the fellow

        3        who took care of a lot of other things and kind

        4        of watched over me was Bill Passannante and

        5        there was a reason for it, and it actually goes

        6        back, I don't know how many years, to when my

        7        father was in the Assembly with Bill and he

        8        told me the story that -- he told me one night,

        9        we were talking and he said that, "Your father

       10        was sort of like a father to many of us in the

       11        Assembly" and he said -- you got to realize

       12        that in those days, when Nelson Rockefeller was

       13        Governor and Republicans, of course, controlled

       14        both houses -- although very few services

       15        apparently were available to Democrats, and one

       16        of the things that was totally unavailable,

       17        apparently, was cars.  At the time, I must say,

       18        that there were a lot of cars around, I

       19        remember that, but they weren't available to

       20        Democrats.  So Bill told me this story.  He

       21        said, "Your father" -- who was chairman of

       22        Codes at the time, a very approachable man, a

       23        very quiet man, he became sort of the fellow

       24        who directed some of these cars to some of the

       25        younger Assembly people and Bill told me the







                                                           542

        1        story, he said, "He was sort of a like a father

        2        figure."  He would say, 'Okay.  I'll get the

        3        car for you but make sure you're in at a

        4        reasonable hour'", and he said that he was just

        5        such a wonderful man.  He said, "I remember

        6        that" and he said, "When I saw you come to the

        7        Assembly", he said, "I thought, you know, I got

        8        to sort of repay the -- repay the favor anyway

        9        because I saw you.  We became very good friends

       10        and remained friends, by the way, long after I

       11        left the Assembly and came over here to the

       12        Senate, and he come striding into my office

       13        every once in a while with some problem that he

       14        had, and I must admit to you that I even helped

       15        him a few times on some pieces of legislation

       16        maybe where I could where it wasn't exactly the

       17        kind of thing that I would maybe be a big

       18        supporter of, shall we say.

       19                       In fact, one time he came to me

       20        with a mission impossible.  As some of you know

       21        -- and I haven't talked about this -- he was a

       22        big sponsor of the gay rights bill.  So one

       23        time -- and this must have been probably in the

       24        early '80s -- he came in and there was a big

       25        uproar over it, and he had said to me, "I got







                                                           543

        1        to talk to you, Dale.  I have got to talk to

        2        you.  I have got a deal for you.  I got a deal

        3        for you."  So he came in one night and he sat

        4        in my office and he said, "I have figured out

        5        how we could make you a statewide figure and

        6        you can be the head of the point on this issue"

        7        and I said, "What issue is it, Bill", and he

        8        said, "I think you should be the Senate sponsor

        9        of the gay rights bill."  I said, "Bill, think

       10        about it.  Do you know where I am from?  I'm

       11        from Western New York, a little conservative

       12        Western New York just outside of Buffalo.  That

       13        might be a little difficult to sell to my

       14        constituents."  He said, "You know, you're

       15        probably right.  I was just thinking that, you

       16        know, maybe if we could get an upstater to do

       17        it, it would be a good idea", but he said, "You

       18        know, you're absolutely right", he says, "You

       19        know, Dale", he said, "I've thought about this

       20        a lot", and he said, "You're my kind of guy

       21        even though I know you can't do this" and he

       22        said, "That's why I came to you", and that's a

       23        true story and the only reason that I mention

       24        it is because Bill Passannante was a tremendous

       25        individual and somebody who, although he came







                                                           544

        1        from Greenwich Village, he could communicate

        2        with people in any part of the state and in

        3        that way, in a way, I think he was typical of

        4        the best of the Legislature here because he was

        5        the kind of guy, although he believed in things

        6        and pushed for things that obviously many of us

        7        weren't in support of or many weren't

        8        enthusiastic about, that didn't matter because

        9        he was a wonderful individual.  He was a good

       10        legislator and no question he represented

       11        Greenwich Village and he represented it very

       12        well and yet he knew how to treat people, and

       13        he knew how to deal with individuals and he was

       14        a lovely, warm man, and I know many of us are

       15        going to miss him.

       16                       ACTING PRESIDENT KUHL:  Senator

       17        Skelos.

       18                       SENATOR SKELOS:  That resolution

       19        was adopted previously.

       20                       Is there any housekeeping at the

       21        desk?

       22                       ACTING PRESIDENT KUHL:  Nothing

       23        at the desk yet until you hand up -

       24                       SENATOR SKELOS:  On behalf of

       25        Senator Bruno, I hand up the following Majority







                                                           545

        1        Leadership assignments and in consultation with

        2        the Minority Leader, the Minority Leadership

        3        assignments and ask that they be filed in the

        4        Journal.

        5                       ACTING PRESIDENT KUHL:  They are

        6        filed.

        7                       SENATOR SKELOS:  Minority

        8        Leadership and committee assignments.

        9                       ACTING PRESIDENT KUHL:  Thank

       10        you, Senator Skelos.  They are received and

       11        filed.

       12                       Senator Skelos.

       13                       SENATOR SKELOS:  There being no

       14        further business, I move we adjourn until

       15        Tuesday, February 4th, at 3:00 p.m.

       16                       ACTING PRESIDENT KUHL:  Without

       17        objection, the Senate stands adjourned until

       18        tomorrow, February 4th, 3:00 p.m.

       19                       (Whereupon, at 4:38 p.m., the

       20        Senate adjourned.)

       21

       22

       23

       24

       25